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113-hr-5057
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I 113th CONGRESS 2d Session H. R. 5057 IN THE HOUSE OF REPRESENTATIVES July 10, 2014 Mr. Gardner (for himself and Mr. Tonko ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Energy Policy and Conservation Act to permit exemptions for external power supplies from certain efficiency standards, and for other purposes.
1. Short title This Act may be cited as the EPS Service Parts Act of 2014 . 2. Exempt supplies Section 325(u) of the Energy Policy and Conservation Act ( 42 U.S.C. 6295(u) ) is amended by adding at the end the following: (5) Exempt supplies (A) February 10, 2014, rule (i) In general An external power supply shall not be subject to the final rule entitled Energy Conservation Program: Energy Conservation Standards for External Power Supplies , published at 79 Fed. Reg. 7845 (February 10, 2014), if the external power supply— (I) is manufactured during the period beginning on February 10, 2016, and ending on February 10, 2020; (II) is marked in accordance with the External Power Supply International Efficiency Marking Protocol, as in effect on February 10, 2016; (III) meets, where applicable, the standards under paragraph (3)(A), and has been certified to the Secretary as meeting International Efficiency Level IV or higher of the External Power Supply International Efficiency Marking Protocol, as in effect on February 10, 2016; and (IV) is made available by the manufacturer as a service part or a spare part for an end-use product that— (aa) constitutes the primary load; and (bb) was manufactured before February 10, 2016. (ii) Reporting The Secretary may require manufacturers of products exempted pursuant to clause (i) to report annual total units shipped as service and spare parts that are not International Efficiency Level VI or higher. (iii) Limitation of exemption The Secretary may issue a rule, after providing public notice and opportunity for public comment, to limit the applicability of the exemption established under clause (i) if the Secretary determines that the exemption is resulting in a significant reduction of the energy savings that would otherwise result from the final rule described in such clause. (B) Amended standards (i) In general The Secretary may exempt an external power supply from any amended standard under this subsection if the external power supply— (I) is manufactured within four years of the compliance date of the amended standard; (II) complies with applicable marking requirements adopted by the Secretary prior to the amendment; (III) meets the standards that were in effect prior to the amendment; and (IV) is made available by the manufacturer as a service part or a spare part for an end-use product that— (aa) constitutes the primary load; and (bb) was manufactured before the compliance date of the amended standard. (ii) Reporting The Secretary may require manufacturers of a product exempted pursuant to clause (i) to report annual total units shipped as service and spare parts that do not meet the amended standard. .
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113-hr-5058
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I 113th CONGRESS 2d Session H. R. 5058 IN THE HOUSE OF REPRESENTATIVES July 10, 2014 Mr. Stewart (for himself, Mr. Bishop of Utah , and Mr. McClintock ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Wild Free-Roaming Horses and Burros Act to provide for State and tribal management and protection of wild free-roaming horses and burros, and for other purposes.
1. Short title This Act may be cited as the Wild Horse Oversight Act . 2. State and tribal management and protection of wild free-roaming horses and burros Public Law 92–195 (commonly known as the Wild Free-Roaming Horses and Burros Act ) is amended by adding at the end the following: 12. State and tribal management and protection (a) In general Except as provided by subsection (b), at the request of the legislature or Governor of a State or the governing body of a federally recognized Indian tribe, the Secretary of the Interior and the Secretary of Agriculture shall allow the State or federally recognized Indian tribe to assume all management and protection functions under this Act regarding wild free-roaming horses and burros on land within the boundaries of the State or federally recognized Indian tribe. After a State or federally recognized Indian tribe assumes such functions, wild free-roaming horses and burros shall be managed by the State or federally recognized Indian tribe in accordance with this Act and in the same manner as any other non-federally regulated species regarding functions not specified in this Act. (b) Inventory The Secretary concerned shall continue to maintain the inventory required by section 3(b)(1). .
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113-hr-5059
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I 113th CONGRESS 2d Session H. R. 5059 IN THE HOUSE OF REPRESENTATIVES July 10, 2014 Mr. Walz (for himself, Mr. Miller of Florida , Ms. Duckworth , Mr. Barber , Mr. Benishek , Mr. Braley of Iowa , Mr. Fattah , Mr. Hastings of Florida , Mr. Johnson of Ohio , Ms. Kuster , Mr. McNerney , Mr. Murphy of Florida , Mr. Stivers , Mrs. Walorski , Mr. Fitzpatrick , Mr. Daines , Mrs. Kirkpatrick , and Mr. Rooney ) 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 direct the Secretary of Defense and the Secretary of Veterans Affairs to provide for the conduct of annual evaluations of mental health care and suicide prevention programs of the Department of Defense and the Department of Veterans Affairs, 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 Clay Hunt Suicide Prevention for American Veterans Act or the Clay Hunt SAV Act . 2. Evaluations of mental health care and suicide prevention programs of Department of Veterans Affairs and Department of Defense (a) Evaluations (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, including such programs conducted at a Center of Excellence; (C) identify the cost-effectiveness of each programs identified under subparagraph (B); and (D) 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. Such third party shall submit to the Secretary concerned each such evaluation as appropriate. (4) Submission The Secretary concerned shall annually submit to the Committees on Armed Services and the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report that contains the most recent evaluation submitted to the Secretary under paragraph (3). (b) 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. 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 Section 1553(d) of title 10, United States Code, is amended by adding at the end the following new paragraph: (3) (A) In addition to the requirements of paragraph (1) and (2), in the case of a former member described in subparagraph (B), the Board shall— (i) review medical evidence of the Secretary of Veterans Affairs or a civilian health care provider that is presented by the former member; and (ii) review the case with a presumption of administrative irregularity and place the burden on the Secretary concerned to prove, by a preponderance of the evidence, that no error or injustice occurred. (B) A former member described in this subparagraph is a former member described in paragraph (1) or a former member whose application for relief is based in whole or in part on matters relating to post-traumatic stress disorder or traumatic brain injury as supporting rationale or as justification for priority consideration whose post-traumatic stress disorder or traumatic brain injury is related to combat or military sexual trauma, as determined by the Secretary concerned. . 4. Publication of Internet website to provide information regarding mental health care services (a) In general The Secretary of Veterans Affairs shall publish an Internet website that serves as a centralized source to provide veterans with information regarding all of the mental health care services provided by the Secretary. (b) Elements The Internet website published under subsection (a) shall provide to veterans information regarding all of the mental health care services available in the Veteran Integrated Service Network that the veteran is seeking such services, including, with respect to each medical center and community-based outpatient center in the Veterans Integrated Service Network— (1) the name and contact information of each social work office; (2) the name and contact information of each mental health clinic; (3) a list of appropriate staff; and (4) any other information the Secretary determines appropriate. (c) Updated information The Secretary shall ensure that the information described in subsection (b) that is published on the Internet website under subsection (a) is updated not less than once every 90 days. (d) Outreach In carrying out this section, the Secretary shall ensure that the outreach conducted under section 1720F(i) of title 38, United States Code, includes information regarding the Internet website published under subsection (a). 5. Improvements to health care matters (a) Reserve components and Department of Veterans Affairs The Secretary of Veterans Affairs and the Secretary of Defense, in consultation with the Chief of the National Guard Bureau, shall enter into formal strategic relationships between the Joint Forces Headquarters of each State regional commands of the reserve components and the Veterans Service Integrated Network, medical facilities of the Department of Veterans Affairs, and other local offices of the Department of Veterans Affairs located in the State with respect to facilitating— (1) the mental health referrals of members of the reserve components who have a service-connected disability and are being discharged or released from the Armed Forces; (2) timely behavioral health services for such members; (3) communication when such members are at risk for behavioral health reasons; and (4) the transfer of documentation for line of duty and fitness for duty determinations. (b) GAO report on transition of care (1) In general Not later than April 1, 2015, the Comptroller General of the United States shall submit to the congressional defense committees (as defined in section 101(a)(16) of title 10, United States Code) and the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report that assesses the transition of care for post-traumatic stress disorder or traumatic brain injury. (2) Matters included The report under paragraph (1) shall include the following: (A) The programs, policies, and regulations that affect the transition of care, particularly with respect to individuals who are taking or have been prescribed antidepressants, stimulants, antipsychotics, mood stabilizers, anxiolytic, depressants, or hallucinogens. (B) Upon transitioning to care furnished by the Secretary of Veterans Affairs, the extent to which the pharmaceutical treatment plan of an individual changes, and the factors determining such changes. (C) The extent to which the Secretary of Defense and the Secretary of Veterans Affairs have worked together to identify and apply best pharmaceutical treatment practices. (D) A description of the off-formulary waiver process of the Secretary of Veterans Affairs, and the extent to which the process is applied efficiently at the treatment level. (E) The benefits and challenges of combining the formularies across the Department of Defense and the Department of Veterans Affairs. (F) Any other issues that the Comptroller General determines appropriate. (3) Transition of care defined In this subsection, the term transition of care means the transition of an individual from receiving treatment furnished by the Secretary of Defense to treatment furnished by the Secretary of Veterans Affairs. 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) Initial report Not later than two years after the date on which the pilot program under subsection (a) commences, 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 number of individuals who participated in the pilot program. (B) The locations in which such individuals were employed by the Department, including how many such locations were rural or urban locations. (C) An assessment of the quality of the work performed by such individuals in the course of such employment. (D) The number of psychiatrists the Secretary determines is needed by the Department in the future. (3) Final report 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 an update to the report submitted under paragraph (1). (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. Public-private contributions for additional educational assistance for graduate degrees relating to mental health (a) In general Section 3317 of title 38, United States Code, is amended by adding at the end the following new subsection: (f) Graduate degree in mental health (1) As part of the Yellow Ribbon G.I. Education Enhancement Program carried out under this section, the Secretary shall carry out a program under which the Secretary and a college or university that enters into an agreement described in subsection (a) may make contributions pursuant to this subsection with respect to the full cost of established charges of a veteran described in paragraph (2). (2) A veteran described in this paragraph is a veteran who— (A) is eligible for the program under subsection (a); (B) holds a bachelor’s degree; (C) is pursuing an advanced degree in mental health at an institution of higher learning that participates in the program under subsection (a); and (D) is pursuing such a degree with the intention of seeking employment as a mental health professional in the Department of Veterans Affairs. (3) In determining the intention of a veteran under paragraph (2)(D), the Secretary may not require the veteran to enter into any binding agreement with respect to such intention. (4) In determining the amount of matching contributions pursuant to subsection (d)(1) for assistance provided under paragraph (1), the Secretary shall— (A) substitute 66 percent for up to 50 percent ; and (B) substitute 34 percent for an equal percentage . (5) In accordance with section 7406 of this title, the Secretary may establish residencies and internships at medical facilities of the Department for veterans participating in the program under subsection (a). (6) If the Secretary employs a veteran who participates in the program under subsection (a) as a mental health professional following such participation, to the maximum extent practicable, the Secretary shall ensure that— (A) the veteran is employed in a rural area or an area that the Secretary determines is in greatest need of mental health professionals; and (B) the veteran is employed in a position that directly relates to the treatment of veterans rather than a research position. (7) In this subsection, the term advanced degree in mental health means a master’s degree, doctoral degree, or other graduate or professional degree that the Secretary determines would lead an individual to be employed as any of the following positions: (A) Psychiatrist. (B) Psychologist. (C) Mental health nurse. (D) Nurse assistant. (E) Physician assistant. (F) Pharmacist. (G) Social worker. (H) Licensed professional mental health counselor. (I) Licensed marriage and family therapist. (J) Addiction therapist. (K) Occupational therapist. (L) Recreational therapist. (M) Vocational rehabilitation therapist. (N) Health science specialist. (O) Health technician. (P) Any other position the Secretary determines appropriate. . (b) Prohibition on transfer of eligibility Section 3319(h) of such title is amended by adding at the end the following new paragraph: (8) Prohibition on certain contributions Entitlement transferred under this section may not include eligibility for contributions under section 3317(f) of this title. . (c) Effective date The amendments made by this section shall apply with respect to a quarter, semester, or term that begins on or after July 1, 2015. 8. Review of staffing requirements for State Directors of Psychological Health Not later than 18 months after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services and the Committees on Veterans’ Affairs of the House of Representatives and the Senate a zero-based review, conducted in coordination with the Chief of the National Guard Bureau, of the staffing requirements for individual State National Guard Commands with respect to Directors of Psychological Health. 9. Pilot program on community outreach (a) In general The Secretary of Veterans Affairs shall establish a pilot program to assist veterans transitioning from serving on active duty and to improve the access of veterans to mental health services. (b) Locations The Secretary shall carry out the pilot program under subsection (a) at not less than five Veterans Integrated Service Networks that have a large population of veterans who— (1) served in the reserve components of the Armed Forces; or (2) are transitioning into communities with an established population of veterans after having recently separated from the Armed Forces. (c) Functions The pilot program at each Veterans Integrated Service Network described in subsection (b) shall include the following: (1) A community oriented veteran peer support network, carried out in partnership with an appropriate entity with experience in peer support programs, that— (A) establishes peer support training guidelines; (B) develops a network of veteran peer support counselors to meet the demands of the communities in the Veterans Integrated Service Network; (C) conducts training of veteran peer support counselors; (D) with respect to each medical center in such Veterans Integrated Service Network, has— (i) a designated peer support specialist who acts as a liaison to the community oriented veteran peer network; and (ii) a certified mental health professional designated as the community oriented veteran peer network mentor; and (E) is readily available to veterans, including pursuant to the Veterans Integrated Service Network cooperating and working with State and local governments and appropriate entities. (2) A community outreach team for each medical center in such Veterans Integrated Service Network that— (A) assists veterans transitioning into communities; (B) establishes a veteran transition advisory group to facilitate outreach activities; (C) includes the participation of appropriate community organizations, State and local governments, colleges and universities, and organizations that provide legal aid or advice; and (D) coordinates with the Veterans Integrated Service Network regarding the Veterans Integrated Service Network carrying out an annual mental health summit to assess the status of veteran mental health care in the community and to develop new or innovative means to provide mental health services to veterans. (d) Reports (1) Initial report Not later than 18 months after the date on which the pilot program under subsection (a) commences, 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. With respect to each Veterans Integrated Service Network described in subsection (b), the report shall include— (A) a full description of the peer support model implemented under the pilot program, participation data, and data pertaining to past and current mental health related hospitalizations and fatalities; (B) recommendations on implementing peer support networks throughout the Department; (C) whether the mental health resources made available under the pilot program for members of the reserve components of the Armed Forces is effective; and (D) a full description of the activities and effectiveness of community outreach coordinating teams under the pilot program, including partnerships that have been established with appropriate entities. (2) Final report Not later than 90 days after the date on which the pilot program terminates under subsection (e), the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives an update to the report submitted under paragraph (1). (e) Termination The authority of the Secretary to carry out the pilot program under subsection (a) shall terminate on the date that is three years after the date on which the pilot program commences.
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113-hr-5060
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I 113th CONGRESS 2d Session H. R. 5060 IN THE HOUSE OF REPRESENTATIVES July 10, 2014 Mr. DeFazio (for himself, Mr. Grijalva , Mr. Lowenthal , Mr. Huffman , Mrs. Christensen , Mr. Faleomavaega , Mr. Sablan , Ms. Bordallo , Ms. Shea-Porter , Ms. Clark of Massachusetts , Mr. Blumenauer , Mr. Levin , Mr. Moran , Mr. Schiff , Ms. Lofgren , Ms. Slaughter , Ms. McCollum , Ms. Lee of California , Mr. Quigley , and Mr. McDermott ) introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committee on Transportation and Infrastructure , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To modify the requirements applicable to locatable minerals on public domain lands, consistent with the principles of self-initiation of mining claims, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Hardrock Mining and Reclamation 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 and references. Sec. 3. Application rules. Title I—Mineral exploration and development Sec. 101. Limitation on patents. Sec. 102. Royalty. Sec. 103. Hardrock mining claim maintenance fee. Sec. 104. Effect of payments for use and occupancy of claims. Title II—Protection of special places Sec. 201. Lands open to location. Sec. 202. Withdrawal petitions by States, political subdivisions, and Indian tribes. Title III—Environmental Considerations of Mineral Exploration and Development Sec. 301. General standard for hardrock mining on Federal land. Sec. 302. Permits. Sec. 303. Exploration permit. Sec. 304. Operations permit. Sec. 305. Persons ineligible for permits. Sec. 306. Financial assurance. Sec. 307. Operation and reclamation. Sec. 308. State law and regulation. Sec. 309. Limitation on the issuance of permits. Title IV—Mining Mitigation Subtitle A—Hardrock Minerals Fund Sec. 401. Definitions. Sec. 402. Establishment of Fund. Sec. 403. Contents of Fund. Sec. 404. Subaccounts. Sec. 405. Displaced material reclamation fee. Subtitle B—Use of Hardrock Reclamation Account Sec. 411. Use and objectives of the account. Sec. 412. Eligible lands and waters. Sec. 413. Authorization of appropriations. Subtitle C—Use of Hardrock Community Impact Assistance Account Sec. 421. Use and objectives of the account. Sec. 422. Allocation of funds. Title V—Administrative and Miscellaneous Provisions Subtitle A—Administrative Provisions Sec. 501. Policy functions. Sec. 502. User fees. Sec. 503. Inspection and monitoring. Sec. 504. Citizens suits. Sec. 505. Administrative and judicial review. Sec. 506. Enforcement. Sec. 507. Regulations. Sec. 508. Effective date. Subtitle B—Miscellaneous Provisions Sec. 511. Oil shale claims. Sec. 512. Purchasing power adjustment. Sec. 513. Savings clause. Sec. 514. Availability of public records. Sec. 515. Miscellaneous powers. Sec. 516. Multiple mineral development and surface resources. Sec. 517. Mineral materials. Title VI—Good Samaritan Cleanup of Abandoned Hardrock Mines Sec. 601. Short title. Sec. 602. Findings; purposes. Sec. 603. Scope. Sec. 604. Good samaritan discharge permits. 2. Definitions and references (a) In general As used in this Act: (1) The term affiliate means with respect to any person, any of the following: (A) Any person who controls, is controlled by, or is under common control with such person. (B) Any partner of such person. (C) Any person owning at least 10 percent of the voting shares of such person. (2) The term applicant means any person applying for a permit under this Act or a modification to or a renewal of a permit under this Act. (3) The term beneficiation means the crushing and grinding of locatable mineral ore and such processes as are employed to free the mineral from other constituents, including but not necessarily limited to, physical and chemical separation techniques. (4) The term casual use — (A) subject to subparagraphs (B) and (C), means mineral activities that do not ordinarily result in any disturbance of public lands and resources; (B) includes collection of geochemical, rock, soil, or mineral specimens using handtools, hand panning, or nonmotorized sluicing; and (C) does not include— (i) the use of mechanized earth-moving equipment, suction dredging, or explosives; (ii) the use of motor vehicles in areas closed to off-road vehicles; (iii) the construction of roads or drill pads; and (iv) the use of toxic or hazardous materials. (5) The term claim holder means a person holding a mining claim, millsite claim, or tunnel site claim located under the general mining laws and maintained in compliance with such laws and this Act. Such term may include an agent of a claim holder. (6) The term control means having the ability, directly or indirectly, to determine (without regard to whether exercised through one or more corporate structures) the manner in which an entity conducts mineral activities, through any means, including without limitation, ownership interest, authority to commit the entity’s real or financial assets, position as a director, officer, or partner of the entity, or contractual arrangement. (7) The term exploration — (A) subject to subparagraphs (B) and (C), means creating surface disturbance other than casual use, to evaluate the type, extent, quantity, or quality of minerals present; (B) includes mineral activities associated with sampling, drilling, and analyzing locatable mineral values; and (C) does not include extraction of mineral material for commercial use or sale. (8) The term Federal land means any land, and any interest in land, that is owned by the United States and open to location of mining claims under the general mining laws and title II of this Act. (9) The term Indian lands means lands held in trust for the benefit of an Indian tribe or individual or held by an Indian tribe or individual subject to a restriction by the United States against alienation. (10) The term Indian tribe means any Indian tribe, band, nation, pueblo, or other organized group or community, including any Alaska Native village or regional corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (11) The term locatable mineral — (A) subject to subparagraph (B), means any mineral, the legal and beneficial title to which remains in the United States and that is not subject to disposition under any of— (i) the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ); (ii) the Geothermal Steam Act of 1970 ( 30 U.S.C. 1001 et seq. ); (iii) the Act of July 31, 1947, commonly known as the Materials Act of 1947 ( 30 U.S.C. 601 et seq. ); or (iv) the Mineral Leasing for Acquired Lands Act ( 30 U.S.C. 351 et seq. ); and (B) does not include any mineral that is subject to a restriction against alienation imposed by the United States and is— (i) held in trust by the United States for any Indian or Indian tribe, as defined in section 2 of the Indian Mineral Development Act of 1982 ( 25 U.S.C. 2101 ); or (ii) owned by any Indian or Indian tribe, as defined in that section. (12) The term mineral activities means any activity on a mining claim, millsite claim, or tunnel site claim for, related to, or incidental to, mineral exploration, mining, beneficiation, processing, or reclamation activities for any locatable mineral. (13) The term National Conservation System unit means any unit of the National Park System, National Wildlife Refuge System, National Wild and Scenic Rivers System, or National Trails System, or a National Conservation Area, a National Recreation Area, a National Monument, or any unit of the National Wilderness Preservation System. (14) The term operator means any person proposing or authorized by a permit issued under this Act to conduct mineral activities and any agent of such person. (15) The term person means an individual, Indian tribe, partnership, association, society, joint venture, joint stock company, firm, company, corporation, cooperative, or other organization and any instrumentality of State or local government including any publicly owned utility or publicly owned corporation of State or local government. (16) The term processing means processes downstream of beneficiation employed to prepare locatable mineral ore into the final marketable product, including but not limited to smelting and electrolytic refining. (17) The term Secretary means the Secretary of the Interior, unless otherwise specified. (18) The term temporary cessation means a halt in mine-related production activities for a continuous period of no longer than 5 years. (19) The term undue degradation means irreparable harm to significant scientific, cultural, or environmental resources on public lands that cannot be effectively mitigated. (b) Valid existing rights As used in this Act, the term valid existing rights means a mining claim or millsite claim located on lands described in section 201(b), that— (1) was properly located and maintained under the general mining laws prior to the date of enactment of this Act; (2) was supported by a discovery of a valuable mineral deposit within the meaning of the general mining laws on the date of enactment of this Act, or satisfied the limitations under existing law for millsite claims; and (3) continues to be valid under this Act. (c) References to other laws (1) Any reference in this Act to the term general mining laws is a reference to those Acts that generally comprise chapters 2, 12A, and 16, and sections 161 and 162, of title 30, United States Code. (2) Any reference in this Act to the Act of July 23, 1955, is a reference to the Act entitled An Act to amend the Act of July 31, 1947 (61 Stat. 681) and the mining laws to provide for multiple use of the surface of the same tracts of the public lands, and for other purposes ( 30 U.S.C. 601 et seq. ). (d) References to this Act Except as otherwise expressly provided, any reference to this Act contained in this section, section 3, or titles I through V shall be treated as referring only to the provisions of this section, section 3, and titles I through V. 3. Application rules (a) In general This Act applies to any mining claim, millsite claim, or tunnel site claim located under the general mining laws, before, on, or after the date of enactment of this Act, except as provided in subsection (b). (b) Preexisting claims (1) Any unpatented mining claim or millsite claim located under the general mining laws before the date of enactment of this Act for which a plan of operation has not been approved or a notice filed prior to the date of enactment shall, upon the effective date of this Act, be subject to the requirements of this Act, except as provided in paragraph (2). (2) (A) If a plan of operations is approved for mineral activities on any claim or site referred to in paragraph (1) prior to the date of enactment of this Act but such operations have not commenced prior to the date of enactment of this Act— (i) during the 10-year period beginning on the date of enactment of this Act, mineral activities at such claim or site shall be subject to such plan of operations; (ii) during such 10-year period, modifications of any such plan may be made in accordance with the provisions of law applicable prior to the enactment of this Act if such modifications are deemed minor by the Secretary concerned; and (iii) the operator shall bring such mineral activities into compliance with this Act by the end of such 10-year period. (B) Where an application for modification of a plan of operations referred to in subparagraph (A)(ii) has been timely submitted and an approved plan expires prior to Secretarial action on the application, mineral activities and reclamation may continue in accordance with the terms of the expired plan until the Secretary makes an administrative decision on the application. (c) Federal Lands Subject to Existing Permit (1) Any Federal land shall be subject to the requirements of section 102(a)(2) if the land is— (A) subject to an operations permit; and (B) producing valuable locatable minerals in commercial quantities prior to the date of enactment of this Act. (2) Any Federal land added through a plan modification to an operations permit on Federal land that is submitted after the date of enactment of this Act shall be subject to the terms of section 102(a)(3). (d) Application of Act to beneficiation and processing of non-Federal minerals on Federal lands The provisions of this Act (including the environmental protection requirements of title III) shall apply in the same manner and to the same extent to mining claims, millsite claims, and tunnel site claims used for beneficiation or processing activities for any mineral without regard to whether or not the legal and beneficial title to the mineral is held by the United States. This subsection applies only to minerals that are locatable minerals or minerals that would be locatable minerals if the legal and beneficial title to such minerals were held by the United States. I Mineral exploration and development 101. Limitation on patents (a) Mining claims (1) Determinations required After the date of enactment of this Act, no patent shall be issued by the United States for any mining claim located under the general mining laws unless the Secretary determines that, for the claim concerned— (A) a patent application was filed with the Secretary on or before September 30, 1994; and (B) all requirements established under sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims and sections 2329, 2330, 2331, and 2333 of the Revised Statutes ( 30 U.S.C. 35 , 36, and 37) for placer claims were fully complied with by that date. (2) Right to patent If the Secretary makes the determinations referred to in subparagraphs (A) and (B) of paragraph (1) for any mining claim, the holder of the claim shall be entitled to the issuance of a patent in the same manner and degree to which such claim holder would have been entitled to prior to the enactment of this Act, unless and until such determinations are withdrawn or invalidated by the Secretary or by a court of the United States. (b) Millsite claims (1) Determinations required After the date of enactment of this Act, no patent shall be issued by the United States for any millsite claim located under the general mining laws unless the Secretary determines that for the millsite concerned— (A) a patent application for such land was filed with the Secretary on or before September 30, 1994; and (B) all requirements applicable to such patent application were fully complied with by that date. (2) Right to patent If the Secretary makes the determinations referred to in subparagraphs (A) and (B) of paragraph (1) for any millsite claim, the holder of the claim shall be entitled to the issuance of a patent in the same manner and degree to which such claim holder would have been entitled to prior to the enactment of this Act, unless and until such determinations are withdrawn or invalidated by the Secretary or by a court of the United States. 102. Royalty (a) Reservation of royalty (1) In general Except as provided in paragraph (2) and subject to paragraph (3), production of all locatable minerals from any mining claim located under the general mining laws and maintained in compliance with this Act, or mineral concentrates or products derived from locatable minerals from any such mining claim, as the case may be, shall be subject to a royalty of 8 percent of the gross income from mining. The claim holder or any operator to whom the claim holder has assigned the obligation to make royalty payments under the claim and any person who controls such claim holder or operator shall be liable for payment of such royalties. (2) Royalty for Federal lands subject to existing permit The royalty under paragraph (1) shall be 4 percent in the case of any Federal land that— (A) is subject to an operations permit on the date of the enactment of this Act; and (B) produces valuable locatable minerals in commercial quantities on the date of enactment of this Act. (3) Federal land added to existing operations permit Any Federal land added through a plan modification to an operations permit that is submitted after the date of enactment of this Act shall be subject to the royalty that applies to Federal land under paragraph (1). (4) Deposit Amounts received by the United States as royalties under this subsection shall be deposited into the account established under section 401. (5) Limitation on application (A) In general Any royalty under this subsection shall not apply for a person for any tax year for which the person certifies to the Secretary in writing that the person and all related parties with respect to such person, in the aggregate, had annual gross income from mineral production in an amount less than $100,000. (B) Aggregation of income The dollar amount in subparagraph (A) shall be applied, for a person, to the aggregate of all annual gross income from mineral production under all mining claims held by or assigned to such person or any related parties with respect to such person, including mining claims located or for which a patent was issued before the date of the enactment of this Act. (C) Related parties defined For the purposes of this paragraph, the term related parties means, with respect to a person— (i) the spouse and all dependents (as defined in section 152 of the Internal Revenue Code of 1986 (26 U.S.C. 152)) of the person; or (ii) another person who is affiliated with the person, including— (I) another person controlled by, controlling, or under common control with the person; and (II) a subsidiary or parent company or corporation of the person. (b) Duties of claim holders, operators, and transporters (1) A person— (A) who is required to make any royalty payment under this section shall make such payments to the United States at such times and in such manner as the Secretary may by rule prescribe; and (B) shall notify the Secretary, in the time and manner as may be specified by the Secretary, of any assignment that such person may have made of the obligation to make any royalty or other payment under a mining claim. (2) Any person paying royalties under this section shall file a written instrument, together with the first royalty payment, affirming that such person is responsible for making proper payments for all amounts due for all time periods for which such person has a payment responsibility. Such responsibility for the periods referred to in the preceding sentence shall include any and all additional amounts billed by the Secretary and determined to be due by final agency or judicial action. Any person liable for royalty payments under this section who assigns any payment obligation shall remain jointly and severally liable for all royalty payments due for the claim for the period. (3) A person conducting mineral activities shall— (A) develop and comply with the site security provisions in the operations permit designed to protect from theft the locatable minerals, concentrates or products derived therefrom which are produced or stored on a mining claim, and such provisions shall conform with such minimum standards as the Secretary may prescribe by rule, taking into account the variety of circumstances on mining claims; and (B) not later than the 5th business day after production begins anywhere on a mining claim, or production resumes after more than 90 days after production was suspended, notify the Secretary, in the manner prescribed by the Secretary, of the date on which such production has begun or resumed. (4) The Secretary may by rule require any person engaged in transporting a locatable mineral, concentrate, or product derived therefrom to carry on his or her person, in his or her vehicle, or in his or her immediate control, documentation showing, at a minimum, the amount, origin, and intended destination of the locatable mineral, concentrate, or product derived therefrom in such circumstances as the Secretary determines is appropriate. (c) Recordkeeping and reporting requirements (1) A claim holder, operator, or other person directly involved in developing, producing, processing, transporting, purchasing, or selling locatable minerals, concentrates, or products derived therefrom, subject to this Act, through the point of royalty computation shall establish and maintain any records, make any reports, and provide any information that the Secretary may reasonably require for the purposes of implementing this section or determining compliance with rules or orders under this section. Such records shall include, but not be limited to, periodic reports, records, documents, and other data. Such reports may also include, but not be limited to, pertinent technical and financial data relating to the quantity, quality, composition volume, weight, and assay of all minerals extracted from the mining claim. Upon the request of any officer or employee duly designated by the Secretary conducting an audit or investigation pursuant to this section, the appropriate records, reports, or information that may be required by this section shall be made available for inspection and duplication by such officer or employee. Failure by a claim holder, operator, or other person referred to in the first sentence to cooperate with such an audit, provide data required by the Secretary, or grant access to information may, at the discretion of the Secretary, result in involuntary forfeiture of the claim. (2) Records required by the Secretary under this section shall be maintained for 7 years after release of financial assurance under section 306 unless the Secretary notifies the operator that the Secretary has initiated an audit or investigation involving such records and that such records must be maintained for a longer period. In any case when an audit or investigation is underway, records shall be maintained until the Secretary releases the operator of the obligation to maintain such records. (d) Audits The Secretary is authorized to conduct such audits of all claim holders, operators, transporters, purchasers, processors, or other persons directly or indirectly involved in the production or sales of minerals covered by this Act, as the Secretary deems necessary for the purposes of ensuring compliance with the requirements of this section. For purposes of performing such audits, the Secretary shall, at reasonable times and upon request, have access to, and may copy, all books, papers and other documents that relate to compliance with any provision of this section by any person. (e) Cooperative agreements (1) The Secretary is authorized to enter into cooperative agreements with the Secretary of Agriculture to share information concerning the royalty management of locatable minerals, concentrates, or products derived therefrom, to carry out inspection, auditing, investigation, or enforcement (not including the collection of royalties, civil or criminal penalties, or other payments) activities under this section in cooperation with the Secretary, and to carry out any other activity described in this section. (2) Except as provided in paragraph (3)(A) of this subsection (relating to trade secrets), and pursuant to a cooperative agreement, the Secretary of Agriculture shall, upon request, have access to all royalty accounting information in the possession of the Secretary respecting the production, removal, or sale of locatable minerals, concentrates, or products derived therefrom from claims on lands open to location under this Act. (3) Trade secrets, proprietary, and other confidential information protected from disclosure under section 552 of title 5, United States Code, popularly known as the Freedom of Information Act, shall be made available by the Secretary to other Federal agencies as necessary to assure compliance with this Act and other Federal laws. The Secretary, the Secretary of Agriculture, the Administrator of the Environmental Protection Agency, and other Federal officials shall ensure that such information is provided protection in accordance with the requirements of that section. (f) Interest and substantial underreporting assessments (1) In the case of mining claims where royalty payments are not received by the Secretary on the date that such payments are due, the Secretary shall charge interest on such underpayments at the same interest rate as the rate applicable under section 6621(a)(2) of the Internal Revenue Code of 1986. In the case of an underpayment, interest shall be computed and charged only on the amount of the deficiency and not on the total amount. (2) If there is any underreporting of royalty owed on production from a claim for any production month by any person liable for royalty payments under this section, the Secretary shall assess a penalty of not greater than 25 percent of the amount of that underreporting. (3) For the purposes of this subsection, the term underreporting means the difference between the royalty on the value of the production that should have been reported and the royalty on the value of the production which was reported, if the value that should have been reported is greater than the value that was reported. (4) The Secretary may waive or reduce the assessment provided in paragraph (2) of this subsection if the person liable for royalty payments under this section corrects the underreporting before the date such person receives notice from the Secretary that an underreporting may have occurred, or before 90 days after the date of the enactment of this section, whichever is later. (5) The Secretary shall waive any portion of an assessment under paragraph (2) of this subsection attributable to that portion of the underreporting for which the person responsible for paying the royalty demonstrates that— (A) such person had written authorization from the Secretary to report royalty on the value of the production on the basis on which it was reported; (B) such person had substantial authority for reporting royalty on the value of the production on the basis on which it was reported; (C) such person previously had notified the Secretary, in such manner as the Secretary may by rule prescribe, of relevant reasons or facts affecting the royalty treatment of specific production which led to the underreporting; or (D) such person meets any other exception which the Secretary may, by rule, establish. (6) All penalties collected under this subsection shall be deposited in the Locatable Minerals Fund established under title IV. (g) Delegation For the purposes of this section, the term Secretary means the Secretary of the Interior acting through the Director of the Minerals Management Service. (h) Expanded royalty obligations Each person liable for royalty payments under this section shall be jointly and severally liable for royalty on all locatable minerals, concentrates, or products derived therefrom lost or wasted from a mining claim located under the general mining laws and maintained in compliance with this Act when such loss or waste is due to negligence on the part of any person or due to the failure to comply with any rule, regulation, or order issued under this section. (i) Gross income from mining defined For the purposes of this section, for any locatable mineral, the term gross income from mining has the same meaning as the term gross income in section 613(c) of the Internal Revenue Code of 1986. (j) Effective date The royalty under this section shall take effect with respect to the production of locatable minerals after the enactment of this Act, but any royalty payments attributable to production during the first 12 calendar months after the enactment of this Act shall be payable at the expiration of such 12-month period. (k) Failure To comply with royalty requirements Any person who fails to comply with the requirements of this section or any regulation or order issued to implement this section shall be liable for a civil penalty under section 109 of the Federal Oil and Gas Royalty Management Act (30 U.S.C. 1719) to the same extent as if the claim located under the general mining laws and maintained in compliance with this Act were a lease under that Act. 103. Hardrock mining claim maintenance fee (a) Fee (1) Except as provided in section 2511(e)(2) of the Energy Policy Act of 1992 (relating to oil shale claims), for each unpatented mining claim, mill or tunnel site on federally owned lands, whether located before, on, or after enactment of this Act, each claimant shall pay to the Secretary, on or before August 31 of each year, a claim maintenance fee of $200 per claim to hold such unpatented mining claim, mill or tunnel site for the assessment year beginning at noon on the next day, September 1. Such claim maintenance fee shall be in lieu of the assessment work requirement contained in the Mining Law of 1872 ( 30 U.S.C. 28 et seq. ) and the related filing requirements contained in section 314(a) and (c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1744 (a) and (c)). (2) (A) The claim maintenance fee required under this subsection shall be waived for a claimant who certifies in writing to the Secretary that on the date the payment was due, the claimant and all related parties— (i) held not more than 10 mining claims, mill sites, or tunnel sites, or any combination thereof, on public lands; and (ii) have performed assessment work required under the Mining Law of 1872 ( 30 U.S.C. 28 et seq. ) to maintain the mining claims held by the claimant and such related parties for the assessment year ending on noon of September 1 of the calendar year in which payment of the claim maintenance fee was due. (B) For purposes of subparagraph (A), with respect to any claimant, the term all related parties means— (i) the spouse and dependent children (as defined in section 152 of the Internal Revenue Code of 1986), of the claimant; or (ii) a person affiliated with the claimant, including— (I) a person controlled by, controlling, or under common control with the claimant; or (II) a subsidiary or parent company or corporation of the claimant. (3) (A) The Secretary shall adjust the fees required by this subsection to reflect changes in the Consumer Price Index published by the Bureau of Labor Statistics of the Department of Labor every 5 years after the date of enactment of this Act, or more frequently if the Secretary determines an adjustment to be reasonable. (B) The Secretary shall provide claimants notice of any adjustment made under this paragraph not later than July 1 of any year in which the adjustment is made. (C) A fee adjustment under this paragraph shall begin to apply the calendar year following the calendar year in which it is made. (4) Moneys received under this subsection that are not otherwise allocated for the administration of the mining laws by the Department of the Interior shall be deposited in the Locatable Minerals Fund established by this Act. (b) Location (1) Notwithstanding any provision of law, for every unpatented mining claim, mill or tunnel site located after the date of enactment of this Act and before September 30, 1998, the locator shall, at the time the location notice is recorded with the Bureau of Land Management, pay to the Secretary a location fee, in addition to the fee required by subsection (a) of $50 per claim. (2) Moneys received under this subsection that are not otherwise allocated for the administration of the mining laws by the Department of the Interior shall be deposited in the Locatable Minerals Fund established by this Act. (c) Co-Ownership The co-ownership provisions of the Mining Law of 1872 ( 30 U.S.C. 28 et seq. ) will remain in effect except that the annual claim maintenance fee, where applicable, shall replace applicable assessment requirements and expenditures. (d) Failure To pay Failure to pay the claim maintenance fee as required by subsection (a) shall conclusively constitute a forfeiture of the unpatented mining claim, mill or tunnel site by the claimant and the claim shall be deemed null and void by operation of law. (e) Other requirements (1) Nothing in this section shall change or modify the requirements of section 314(b) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1744(b) ), or the requirements of section 314(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1744(c) ) related to filings required by section 314(b), which remain in effect. (2) Section 2324 of the Revised Statutes of the United States ( 30 U.S.C. 28 ) is amended by inserting or section 103(a) of the Hardrock Mining and Reclamation Act of 2014 after Act of 1993 . 104. Effect of payments for use and occupancy of claims Timely payment of the claim maintenance fee required by section 103 of this Act or any related law relating to the use of Federal land, asserts the claimant’s authority to use and occupy the Federal land concerned for prospecting and exploration, consistent with the requirements of this Act and other applicable law. II Protection of special places 201. Lands open to location (a) Lands open to location Except as provided in subsection (b), mining claims may be located under the general mining laws only on such lands and interests as were open to the location of mining claims under the general mining laws immediately before the enactment of this Act. (b) Lands not open to location Notwithstanding any other provision of law and subject to valid existing rights, each of the following shall not be open to the location of mining claims under the general mining laws on or after the date of enactment of this Act: (1) Wilderness study areas. (2) Areas of critical environmental concern. (3) Areas designated for inclusion in the National Wild and Scenic Rivers System pursuant to the Wild and Scenic Rivers Act ( 16 U.S.C. 1271 et seq. ), areas designated for potential addition to such system pursuant to section 5(a) of that Act (16 U.S.C. 1276(a)), and areas determined to be eligible for inclusion in such system pursuant to section 5(d) of such Act ( 16 U.S.C. 1276(d) ). (4) Any area identified in the set of inventoried roadless areas maps contained in the Forest Service Roadless Area Conservation Final Environmental Impact Statement, Volume 2, dated November 2000. (c) Existing authority not affected Nothing in this Act limits the authority granted the Secretary in section 204 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1714 ) to withdraw public lands. 202. Withdrawal petitions by States, political subdivisions, and Indian tribes (a) In general Subject to valid existing rights, any State or political subdivision of a State or an Indian tribe may submit a petition to the Secretary for the withdrawal of a specific tract of Federal land from the operation of the general mining laws, in order to protect specific values identified in the petition that are important to the State or political subdivision or Indian tribe. Such values may include the value of a watershed to supply drinking water, wildlife habitat value, cultural or historic resources, or value for scenic vistas important to the local economy, and other similar values. In the case of an Indian tribe, the petition may also identify religious or cultural values that are important to the Indian tribe. The petition shall contain the information required by section 204 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1714 ). (b) Consideration of petition The Secretary— (1) shall solicit public comment on the petition; (2) shall make a final decision on the petition within 180 days after receiving it; and (3) shall grant the petition subject to valid existing rights, unless the Secretary makes and publishes in the Federal Register specific findings why a decision to grant the petition would be against the national interest. III Environmental Considerations of Mineral Exploration and Development 301. General standard for hardrock mining on Federal land Notwithstanding section 302(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1732(b)), the first section of the Act of June 4, 1897 (chapter 2; 30 Stat. 36; 16 U.S.C. 478 ), and the National Forest Management Act of 1976 ( 16 U.S.C. 1600 et seq. ), and in accordance with this title and applicable law, unless expressly stated otherwise in this Act, the Secretary— (1) shall ensure that mineral activities on any Federal land that is subject to a mining claim, millsite claim, or tunnel site claim is carefully controlled to prevent undue degradation of public lands and resources; and (2) shall not grant permission to engage in mineral activities if the Secretary, after considering the evidence, makes and publishes in the Federal Register a determination that undue degradation would result from such activities. 302. Permits (a) Permits required No person may engage in mineral activities on Federal land that may cause a disturbance of surface resources, including but not limited to land, air, ground water and surface water, and fish and wildlife, unless— (1) the claim was properly located under the general mining laws and maintained in compliance with such laws and this Act; and (2) a permit was issued to such person under this title authorizing such activities. (b) Negligible disturbance Notwithstanding subsection (a)(2), a permit under this title shall not be required for mineral activities that are a casual use of the Federal land. (c) Coordination with NEPA process To the extent practicable, the Secretary and the Secretary of Agriculture shall conduct the permit processes under this Act in coordination with the timing and other requirements under section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 ). 303. Exploration permit (a) Authorized exploration activity Any claim holder may apply for an exploration permit for any mining claim authorizing the claim holder to remove a reasonable amount of the locatable minerals from the claim for analysis, study and testing. Such permit shall not authorize the claim holder to remove any mineral for sale nor to conduct any activities other than those required for exploration for locatable minerals and reclamation. (b) Permit Application requirements An application for an exploration permit under this section shall be submitted in a manner satisfactory to the Secretary or, for National Forest System lands, the Secretary of Agriculture, and shall contain an exploration plan, a reclamation plan for the proposed exploration, and such documentation as necessary to ensure compliance with applicable Federal and State environmental laws and regulations. (c) Reclamation plan requirements The reclamation plan required to be included in a permit application under subsection (b) shall include such provisions as may be jointly prescribed by the Secretary and the Secretary of Agriculture. (d) Permit issuance or denial The Secretary, or for National Forest System lands, the Secretary of Agriculture, shall issue an exploration permit pursuant to an application under this section unless such Secretary makes any of the following determinations: (1) The permit application, the exploration plan and reclamation plan are not complete and accurate. (2) The applicant has not demonstrated that proposed reclamation can be accomplished. (3) The proposed exploration activities and condition of the land after the completion of exploration activities and final reclamation would not conform with the land use plan applicable to the area subject to mineral activities. (4) The area subject to the proposed permit is included within an area not open to location under section 201. (5) The applicant has not demonstrated that the exploration plan and reclamation plan will be in compliance with the requirements of this Act and all other applicable Federal requirements, and any State requirements agreed to by the Secretary of the Interior (or Secretary of Agriculture, as appropriate). (6) The applicant has not demonstrated that the requirements of section 306 (relating to financial assurance) will be met. (7) The applicant is eligible to receive a permit under section 305. (e) Term of permit An exploration permit shall be for a stated term. The term shall be no greater than that necessary to accomplish the proposed exploration, and in no case for more than 10 years. (f) Permit modification During the term of an exploration permit the permit holder may submit an application to modify the permit. To approve a proposed modification to the permit, the Secretary concerned shall make the same determinations as are required in the case of an original permit, except that the Secretary and the Secretary of Agriculture may specify by joint rule the extent to which requirements for initial exploration permits under this section shall apply to applications to modify an exploration permit based on whether such modifications are deemed significant or minor. (g) Transfer, assignment, or sale of rights (1) No transfer, assignment, or sale of rights granted by a permit issued under this section shall be made without the prior written approval of the Secretary, or for National Forest System lands, the Secretary of Agriculture. (2) Such Secretary shall allow a person holding a permit to transfer, assign, or sell rights under the permit to a successor, if the Secretary finds, in writing, that the successor— (A) is eligible to receive a permit in accordance with section 304(d); (B) has submitted evidence of financial assurance satisfactory under section 306; and (C) meets any other requirements specified by the Secretary. (3) The successor in interest shall assume the liability and reclamation responsibilities established by the existing permit and shall conduct the mineral activities in full compliance with this Act, and the terms and conditions of the permit as in effect at the time of transfer, assignment, or sale. (4) Each application for approval of a permit transfer, assignment, or sale pursuant to this subsection shall be accompanied by a fee payable to the Secretary of the Interior in such amount as may be established by such Secretary. Such amount shall be equal to the actual or anticipated cost to the Secretary or the Secretary of Agriculture, as appropriate, of reviewing and approving or disapproving such transfer, assignment, or sale, as determined by the Secretary of the Interior. 304. Operations permit (a) Operations permit (1) Any claim holder that is in compliance with the general mining laws and section 103 of this Act may apply to the Secretary, or for National Forest System lands, the Secretary of Agriculture, for an operations permit authorizing the claim holder to carry out mineral activities, other than casual use, on— (A) any valid mining claim, valid millsite claim, or valid tunnel site claim; and (B) such additional Federal land as the Secretary may determine is necessary to conduct the proposed mineral activities, if the operator obtains a right-of-way permit for use of such additional lands under title V of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1761 et seq. ) and agrees to pay all fees required under that title for the permit under that title. (2) If the Secretary decides to issue such permit, the permit shall include such terms and conditions as prescribed by such Secretary to carry out this title. (b) Permit application requirements An application for an operations permit under this section shall be submitted in a manner satisfactory to the Secretary concerned and shall contain site characterization data, an operations plan, a reclamation plan, monitoring plans, long-term maintenance plans, to the extent necessary, and such documentation as necessary to ensure compliance with applicable Federal and State environmental laws and regulations. If the proposed mineral activities will be carried out in conjunction with mineral activities on adjacent non-Federal lands, information on the location and nature of such operations may be required by the Secretary. (c) Permit issuance or denial (1) After providing for public participation pursuant to subsection (i), the Secretary, or for National Forest System lands, the Secretary of Agriculture, shall issue an operations permit if such Secretary makes each of the following determinations in writing, and shall deny a permit if such Secretary finds that the application and applicant do not fully meet the following requirements: (A) The permit application, including the site characterization data, operations plan, and reclamation plan, are complete and accurate and sufficient for developing a good understanding of the anticipated impacts of the mineral activities and the effectiveness of proposed mitigation and control. (B) The applicant has demonstrated that the proposed reclamation in the operation and reclamation plan can be and is likely to be accomplished by the applicant and will not cause undue degradation. (C) The condition of the land, including the fish and wildlife resources and habitat contained thereon, after the completion of mineral activities and final reclamation, will conform to the land use plan applicable to the area subject to mineral activities and are returned to a productive use. (D) The area subject to the proposed plan is open to location for the types of mineral activities proposed. (E) The proposed operation has been designed to prevent material damage to the hydrologic balance outside the permit area. (F) The applicant will fully comply with the requirements of section 306 (relating to financial assurance) prior to the initiation of operations. (G) Neither the applicant nor operator, nor any subsidiary, affiliate, or person controlled by or under common control with the applicant or operator, is ineligible to receive a permit under section 305. (H) The reclamation plan demonstrates that 10 years following mine closure, no treatment of surface or ground water for carcinogens or toxins will be required to meet water quality standards at the point of discharge. (2) With respect to any activities specified in the reclamation plan referred to in subsection (b) that constitutes a removal or remedial action under section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ), the Secretary shall consult with the Administrator of the Environmental Protection Agency prior to the issuance of an operations permit. The Administrator shall ensure that the reclamation plan does not require activities that would increase the costs or likelihood of removal or remedial actions under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) or corrective actions under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.). (d) Term of permit; renewal (1) An operations permit— (A) shall be for a term that is no longer than the shorter of— (i) the period necessary to accomplish the proposed mineral activities subject to the permit; and (ii) 20 years; and (B) shall be renewed for an additional 20-year period if the operation is in compliance with the requirements of this Act and other applicable law. (2) Failure by the operator to commence mineral activities within 2 years of the date scheduled in an operations permit shall require a modification of the permit if the Secretary concerned determines that modifications are necessary to comply with section 201. (e) Permit modification (1) During the term of an operations permit the operator may submit an application to modify the permit (including the operations plan or reclamation plan, or both). (2) The Secretary, or for National Forest System lands, the Secretary of Agriculture, may, at any time, require reasonable modification to any operations plan or reclamation plan upon a determination that the requirements of this Act cannot be met if the plan is followed as approved. Such determination shall be based on a written finding and subject to public notice and hearing requirements established by the Secretary concerned. (3) A permit modification is required before changes are made to the approved plan of operations, or if unanticipated events or conditions exist on the mine site, including in the case of— (A) development of acid or toxic drainage; (B) loss of springs or water supplies; (C) water quantity, water quality, or other resulting water impacts that are significantly different than those predicted in the application; (D) the need for long-term water treatment; (E) significant reclamation difficulties or reclamation failure; (F) the discovery of significant scientific, cultural, or biological resources that were not addressed in the original plan; or (G) the discovery of hazards to public safety. (f) Temporary cessation of operations (1) An operator conducting mineral activities under an operations permit in effect under this title may not temporarily cease mineral activities for a period greater than 180 days unless the Secretary concerned has approved such temporary cessation or unless the temporary cessation is permitted under the original permit. Any operator temporarily ceasing mineral activities for a period greater than 90 days under an operations permit issued before the date of the enactment of this Act shall submit, before the expiration of such 90-day period, a complete application for temporary cessation of operations to the Secretary concerned for approval unless the temporary cessation is permitted under the original permit. (2) An application for approval of temporary cessation of operations shall include such information required under subsection (b) and any other provisions prescribed by the Secretary concerned to minimize impacts on the environment. After receipt of a complete application for temporary cessation of operations such Secretary shall conduct an inspection of the area for which temporary cessation of operations has been requested. (3) To approve an application for temporary cessation of operations, the Secretary concerned shall make each of the following determinations: (A) A determination that the methods for securing surface facilities and restricting access to the permit area, or relevant portions thereof, will effectively ensure against hazards to the health and safety of the public and fish and wildlife. (B) A determination that reclamation is in compliance with the approved reclamation plan, except in those areas specifically designated in the application for temporary cessation of operations for which a delay in meeting such standards is necessary to facilitate the resumption of operations. (C) A determination that the amount of financial assurance filed with the permit application is sufficient to assure completion of the reclamation activities identified in the approved reclamation plan in the event of forfeiture. (D) A determination that any outstanding notices of violation and cessation orders incurred in connection with the plan for which temporary cessation is being requested are either stayed pursuant to an administrative or judicial appeal proceeding or are in the process of being abated to the satisfaction of the Secretary concerned. (g) Permit reviews The Secretary, or for National Forest System lands, the Secretary of Agriculture, shall review each permit issued under this section every 10 years during the term of such permit, shall provide public notice of the permit review, and, based upon a written finding, such Secretary shall require the operator to take such actions as the Secretary deems necessary to assure that mineral activities conform to the permit, including adjustment of financial assurance requirements. (h) Transfer, assignment, or sale of rights (1) No transfer, assignment, or sale of rights granted by a permit under this section shall be made without the prior written approval of the Secretary, or for National Forest System lands, the Secretary of Agriculture. (2) The Secretary, or for National Forest System lands, the Secretary of Agriculture, may allow a person holding a permit to transfer, assign, or sell rights under the permit to a successor, if such Secretary finds, in writing, that the successor— (A) has submitted information required and is eligible to receive a permit in accordance with section 305; (B) has submitted evidence of financial assurance satisfactory under section 306; and (C) meets any other requirements specified by such Secretary. (3) The successor in interest shall assume the liability and reclamation responsibilities established by the existing permit and shall conduct the mineral activities in full compliance with this Act, and the terms and conditions of the permit as in effect at the time of transfer, assignment, or sale. (4) Each application for approval of a permit transfer, assignment, or sale pursuant to this subsection shall be accompanied by a fee payable to the Secretary of the Interior, or for National Forest System lands, the Secretary of Agriculture, in such amount as may be established by such Secretary, or for National Forest System lands, by the Secretary of Agriculture. Such amount shall be equal to the actual or anticipated cost to the Secretary or, for National Forest System lands, to the Secretary of Agriculture, of reviewing and approving or disapproving such transfer, assignment, or sale, as determined by such Secretary. (i) Public participation The Secretary of the Interior and the Secretary of Agriculture shall jointly promulgate regulations to ensure transparency and public participation in permit decisions required under this Act, consistent with any requirements that apply to such decisions under section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 ). 305. Persons ineligible for permits (a) Current violations Unless corrective action has been taken in accordance with subsection (c), no permit under this title shall be issued or transferred to an applicant if the applicant or any agent of the applicant, the operator (if different than the applicant) of the claim concerned, any claim holder (if different than the applicant) of the claim concerned, or any affiliate or officer or director of the applicant is currently in violation of any of the following: (1) A provision of this Act or any regulation under this Act. (2) An applicable State or Federal toxic substance, solid waste, air, water quality, or fish and wildlife conservation law or regulation at any site where mining, beneficiation, or processing activities are occurring or have occurred. (3) The Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1201 et seq. ) or any regulation implementing that Act at any site where surface coal mining operations have occurred or are occurring. (b) Suspension The Secretary, or for National Forest System lands, the Secretary of Agriculture, shall suspend an operations permit, in whole or in part, if such Secretary determines that any of the entities described in subsection (a) were in violation of any requirement listed in subsection (a) at the time the permit was issued. (c) Correction (1) The Secretary, or for National Forest System lands, the Secretary of Agriculture, may issue or reinstate a permit under this title if the applicant submits proof that the violation referred to in subsection (a) or (b) has been corrected or is in the process of being corrected to the satisfaction of such Secretary and the regulatory authority involved or if the applicant submits proof that the violator has filed and is presently pursuing, a direct administrative or judicial appeal to contest the existence of the violation. For purposes of this section, an appeal of any applicant’s relationship to an affiliate shall not constitute a direct administrative or judicial appeal to contest the existence of the violation. (2) Any permit which is issued or reinstated based upon proof submitted under this subsection shall be conditionally approved or conditionally reinstated, as the case may be. If the violation is not successfully abated or the violation is upheld on appeal, the permit shall be suspended or revoked. (d) Pattern of willful violations No permit under this Act may be issued to any applicant if there is a demonstrated pattern of willful violations of the environmental protection requirements of this Act by the applicant, any affiliate of the applicant, or the operator or claim holder if different than the applicant. 306. Financial assurance (a) Financial assurance required (1) After a permit is issued under this title and before any exploration or operations begin under the permit, the operator shall file with the Secretary, or for National Forest System lands, the Secretary of Agriculture, evidence of financial assurance payable to the United States. The financial assurance shall be provided in the form of a surety bond, a trust fund, letters of credits, government securities, certificates of deposit, cash, or an equivalent form approved by such Secretary. (2) The financial assurance shall cover all lands within the initial permit area and all affected waters that may require restoration, treatment, or other management as a result of mineral activities, and shall be extended to cover all lands and waters added pursuant to any permit modification made under section 303(f) (relating to exploration permits) or section 304(e) (relating to operations permits), or affected by mineral activities. (b) Amount The amount of the financial assurance required under this section shall be sufficient to assure the completion of reclamation and restoration satisfying the requirements of this Act if the work were to be performed by the Secretary concerned in the event of forfeiture, including the construction and maintenance costs for any treatment facilities necessary to meet Federal and State environmental requirements. The calculation of such amount shall take into account the maximum level of financial exposure which shall arise during the mineral activity and administrative costs associated with a government agency reclaiming the site. (c) Duration The financial assurance required under this section shall be held for the duration of the mineral activities and for an additional period to cover the operator’s responsibility for reclamation, restoration, and long-term maintenance, and effluent treatment as specified in subsection (g). (d) Adjustments The amount of the financial assurance and the terms of the acceptance of the assurance may be adjusted by the Secretary concerned from time to time as the area requiring coverage is increased or decreased, or where the costs of reclamation or treatment change, or pursuant to section 304(f) (relating to temporary cessation of operations), but the financial assurance shall otherwise be in compliance with this section. The Secretary concerned shall review the financial guarantee every 3 years and as part of the permit application review under section 304(c). (e) Release Upon request, and after notice and opportunity for public comment, and after inspection by the Secretary, or for National Forest System lands, the Secretary of Agriculture, such Secretary may, after consultation with the Administrator of the Environmental Protection Agency, release in whole or in part the financial assurance required under this section if the Secretary makes both of the following determinations: (1) A determination that reclamation or restoration covered by the financial assurance has been accomplished as required by this Act. (2) A determination that the terms and conditions of any other applicable Federal requirements, and State requirements applicable pursuant to cooperative agreements under section 308, have been fulfilled. (f) Release schedule The release referred to in subsection (e) shall be according to the following schedule: (1) After the operator has completed any required backfilling, regrading, and drainage control of an area subject to mineral activities and covered by the financial assurance, and has commenced revegetation on the regraded areas subject to mineral activities in accordance with the approved plan, that portion of the total financial assurance secured for the area subject to mineral activities attributable to the completed activities may be released except that sufficient assurance must be retained to address other required reclamation and restoration needs and to assure the long-term success of the revegetation. (2) After the operator has completed successfully all remaining mineral activities and reclamation activities and all requirements of the operations plan and the reclamation plan, and all other requirements of this Act have been fully met, the remaining portion of the financial assurance may be released. During the period following release of the financial assurance as specified in paragraph (1), until the remaining portion of the financial assurance is released as provided in paragraph (2), the operator shall be required to comply with the permit issued under this title. (g) Effluent Notwithstanding section 307(b)(4), where any discharge or other water-related condition resulting from the mineral activities requires treatment in order to meet the applicable effluent limitations and water quality standards, the financial assurance shall include the estimated cost of maintaining such treatment for the projected period that will be needed after the cessation of mineral activities. The portion of the financial assurance attributable to such estimated cost of treatment shall not be released until the discharge has ceased for a period of 5 years, as determined by ongoing monitoring and testing, or, if the discharge continues, until the operator has met all applicable effluent limitations and water quality standards for 5 full years without treatment. (h) Environmental hazards If the Secretary, or for National Forest System lands, the Secretary of Agriculture, determines, after final release of financial assurance, that an environmental hazard resulting from the mineral activities exists, or the terms and conditions of the explorations or operations permit of this Act were not fulfilled in fact at the time of release, such Secretary shall issue an order under section 506 requiring the claim holder or operator (or any person who controls the claim holder or operator) to correct the condition such that applicable laws and regulations and any conditions from the plan of operations are met. 307. Operation and reclamation (a) General rule (1) The operator shall restore lands subject to mineral activities carried out under a permit issued under this title to a condition capable of supporting— (A) the uses which such lands were capable of supporting prior to surface disturbance by the operator, or (B) other beneficial uses which conform to applicable land use plans as determined by the Secretary, or for National Forest System lands, the Secretary of Agriculture. (2) Reclamation shall proceed as contemporaneously as practicable with the conduct of mineral activities. In the case of a cessation of mineral activities beyond that provided for as a temporary cessation under this Act, reclamation activities shall begin immediately. (b) Operation and reclamation standards The Secretary of the Interior and the Secretary of Agriculture shall jointly promulgate regulations that establish operation and reclamation standards for mineral activities permitted under this Act. The Secretaries may determine whether outcome-based performance standards or technology-based design standards are most appropriate. The regulations shall address the following: (1) Segregation, protection, and replacement of topsoil or other suitable growth medium, and the prevention, where possible, of soil contamination. (2) Maintenance of the stability of all surface areas. (3) Control of sediments to prevent erosion and manage drainage. (4) Minimization of the formation and migration of acidic, alkaline, metal-bearing, or other deleterious leachate. (5) Reduction of the visual impact of mineral activities to the surrounding topography, including as necessary pit backfill. (6) Establishment of a diverse, effective, and permanent vegetative cover of the same seasonal variety native to the area affected by mineral activities, and equal in extent of cover to the natural vegetation of the area. (7) Design and maintenance of leach operations, impoundments, and excess waste according to standard engineering standards to achieve and maintain stability and reclamation of the site. (8) Removal of structures and roads and sealing of drill holes. (9) Restoration of, or mitigation for, fish and wildlife habitat disturbed by mineral activities. (10) Preservation of cultural, paleontological, and cave resources. (11) Prevention and suppression of fire in the area of mineral activities. (c) Surface or groundwater withdrawals The Secretary shall work with State and local governments with authority over the allocation and use of surface and groundwater in the area around the mine site as necessary to ensure that any surface or groundwater withdrawals made as a result of mining activities approved under this section do not cause undue degradation. (d) Special rule Reclamation activities for a mining claim that has been forfeited, relinquished, or lapsed, or a plan that has expired or been revoked or suspended, shall continue subject to review and approval by the Secretary, or for National Forest System lands, the Secretary of Agriculture. 308. State law and regulation (a) State law (1) Any reclamation, land use, environmental, or public health protection standard or requirement in State law or regulation that meets or exceeds the requirements of this Act shall not be construed to be inconsistent with any such standard. (2) Any bonding standard or requirement in State law or regulation that meets or exceeds the requirements of this Act shall not be construed to be inconsistent with such requirements. (3) Any inspection standard or requirement in State law or regulation that meets or exceeds the requirements of this Act shall not be construed to be inconsistent with such requirements. (b) Applicability of other state requirements (1) Nothing in this Act shall be construed as affecting any toxic substance, solid waste, or air or water quality, standard or requirement of any State, county, local, or tribal law or regulation, which may be applicable to mineral activities on lands subject to this Act. (2) Nothing in this Act shall be construed as affecting in any way the right of any person to enforce or protect, under applicable law, such person’s interest in water resources affected by mineral activities on lands subject to this Act. (c) Cooperative agreements (1) Any State may enter into a cooperative agreement with the Secretary, or for National Forest System lands, the Secretary of Agriculture, for the purposes of such Secretary applying such standards and requirements referred to in subsection (a) and subsection (b) to mineral activities or reclamation on lands subject to this Act. (2) In such instances where the proposed mineral activities would affect lands not subject to this Act in addition to lands subject to this Act, in order to approve a plan of operations the Secretary concerned shall enter into a cooperative agreement with the State that sets forth a common regulatory framework consistent with the requirements of this Act for the purposes of such plan of operations. Any such common regulatory framework shall not negate the authority of the Federal Government to independently inspect mines and operations and bring enforcement actions for violations. (3) The Secretary concerned shall not enter into a cooperative agreement with any State under this section until after notice in the Federal Register and opportunity for public comment and hearing. (d) Prior agreements Any cooperative agreement or such other understanding between the Secretary concerned and any State, or political subdivision thereof, relating to the management of mineral activities on lands subject to this Act that was in existence on the date of enactment of this Act may only continue in force until 1 year after the date of enactment of this Act. During such 1-year period, the State and the Secretary shall review the terms of the agreement and make changes that are necessary to be consistent with this Act. 309. Limitation on the issuance of permits No permit shall be issued under this title that authorizes mineral activities that would impair the land or resources of a National Park or a National Monument. For purposes of this section, the term impair shall include any diminution of the affected land including wildlife, scenic assets, water resources, air quality, and acoustic qualities, or other changes that would impair a citizen’s experience at the National Park or National Monument. IV Mining Mitigation A Hardrock Minerals Fund 401. Definitions As used in this title: (1) The term crude ore means ore in its unprocessed form, containing profitable amounts of the target mineral. (2) The term displaced material means any crude ore and waste dislodged from its location at the time hardrock mining operations begin at a surface, underground, or in-situ mine. (3) The term Federal land means any land, including mineral interests, owned by the United States without regard to how the United States acquired ownership of the land and without regard to the agency having responsibility for management thereof, except Indian lands. (4) Fund The term Fund means the Hardrock Minerals Fund established by section 402. (5) The term hardrock mineral means— (A) any mineral mined under the Mining Law of 1872 ( 30 U.S.C. 22 et seq. ); and (B) with respect to State, Indian, and private lands, any mineral on those lands that would be considered hardrock mineral under subparagraph (A) if such mineral had been mined under the Mining Law of 1872. (6) The term hardrock mining operation means— (A) any activity or operation conducted to mine a mineral under the Mining Law of 1872 (30 U.S.C. 22 et seq.); (B) with respect to State, Indian, and private lands, any activity or operation conducted on such lands to mine a mineral that would be considered hardrock mineral if such mineral had been mined under the Mining Law of 1872; and (C) any activities or operations to mine any other mineral the mining of which, at any time on or after the date of the enactment of this Act, is or was subject to the Mining Law of 1872. (7) The term mineral activity means any activity on a mining claim, millsite claim, or tunnel site claim for, related to, or incidental to, any mineral exploration, mining, beneficiation, processing, or reclamation activity for any hardrock mineral. (8) The term operator means any person that conducts a mineral activity and any agent of such person. (9) The term ton means 2,000 pounds avoirdupois (.90718 metric ton). (10) The term waste means rock that must be fractured and removed in order to gain access to crude ore. 402. Establishment of Fund (a) Establishment There is established on the books of the Treasury a separate account to be known as the Hardrock Minerals Fund. (b) Investment The Secretary shall notify the Secretary of the Treasury as to what portion of the Fund is not, in the Secretary’s judgment, required to meet current withdrawals. The Secretary of the Treasury shall invest such portion of the Fund in public debt securities with maturities suitable for the needs of such Fund and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketplace obligations of the United States of comparable maturities. (c) Administration In addition to other uses authorized by this title, the Secretary may use amounts in the Fund as necessary for the administrative expenses of the United States, Indian tribes, and the States to implement this title. 403. Contents of Fund The following amounts shall be credited to the Fund: (1) All moneys collected pursuant to section 506 and section 504. (2) All fees received under section 304(a)(1)(B). (3) All donations by persons, corporations, associations, and foundations for the purposes of this subtitle. (4) All amounts deposited in the Fund under section 102. (5) All amounts received by the United States from issuance of patents based on a determination under section 101. (6) All amounts received by the United States pursuant to section 103 as claim maintenance and location fees, other than the moneys allocated for administration of the mining laws by the Department of the Interior. (7) All income on investments under section 402(b). (8) All amounts deposited in the Fund under section 405. 404. Subaccounts There shall be in the Fund 2 subaccounts, as follows: (1) The Hardrock Reclamation Account, which shall consist of two-thirds of the amounts credited to the Fund under section 403 and which shall be administered by the Secretary acting through the Director of the Office of Surface Mining and Enforcement. (2) The Hardrock Community Impact Assistance Account, which shall consist of one-third of the amounts credited to the Fund under section 403 and which shall be administered by the Secretary acting through the Director of the Bureau of Land Management. 405. Displaced material reclamation fee (a) Imposition of fee Except as provided in subsection (g), each operator of a hardrock mining operation shall pay to the Secretary, for deposit in the Hardrock Minerals Fund established by section 402, a displaced material reclamation fee of 7 cents per ton of displaced material. (b) Payment Deadline Such reclamation fee shall be paid not later than 60 days after the end of each calendar year beginning with the first calendar year occurring after the date of enactment of this Act. (c) Submission of statement Together with such reclamation fee, all operators of hardrock mining operations shall submit to the Secretary a statement of the amount of displaced material produced during mineral activities during the previous calendar year, the accuracy of which shall be sworn to by the operator and notarized. (d) Penalty Any corporate officer, agent, or director of a person conducting a hardrock mining operation, and any other person acting on behalf of such a person, who knowingly makes any false statement, representation, or certification, or knowingly fails to make any statement, representation, or certification, required under this section with respect to such operation shall, upon conviction, be punished by a fine of not more than $10,000. (e) Civil Action To Recover Fee Any portion of such reclamation fee not properly or promptly paid pursuant to this section shall be recoverable, with statutory interest, from the hardrock mining operations operator, in any court of competent jurisdiction in any action at law to compel payment of debts. (f) Effect Nothing in this section requires a reduction in, or otherwise affects, any similar fee required under any law (including regulations) of any State. (g) Exemption (1) In general The fee under this section shall not apply for a person for any tax year for which the person certifies to the Secretary in writing that the person and all related parties with respect to such person, in the aggregate, had annual gross income from mineral production in an amount less than $100,000. (2) Aggregation of income The dollar amount in paragraph (1) shall be applied for a person to the aggregate of all annual gross income from mineral production under all mining claims held by or assigned to such person or any related parties with respect to such person, including mining claims located or for which a patent was issued before the date of the enactment of this Act. (3) Definitions For the purposes of this paragraph, the term related parties means, with respect to a person— (A) the spouse and all dependents (as defined in section 152 of the Internal Revenue Code of 1986 (26 U.S.C. 152)) of the person; or (B) another person who is affiliated with the person, including— (i) another person controlled by, controlling, or under common control with the person; and (ii) a subsidiary or parent company or corporation of the person. B Use of Hardrock Reclamation Account 411. Use and objectives of the account (a) Authorized uses (1) In general The Secretary may, subject to appropriations, use moneys in the Hardrock Reclamation Account (hereinafter in this subtitle referred to as the Account ) for the reclamation and restoration of land and water resources adversely affected by past hardrock mineral activities and related activities on lands described in section 412, including any of the following: (A) Protecting public health and safety. (B) Preventing, abating, treating, and controlling water pollution created by abandoned mine drainage, including in river watershed areas. (C) Reclaiming and restoring abandoned surface and underground mined areas. (D) Reclaiming and restoring abandoned milling and processing areas. (E) Backfilling, sealing, or otherwise controlling abandoned underground mine entries. (F) Revegetating land adversely affected by past mineral activities in order to prevent erosion and sedimentation, to enhance wildlife habitat, and for any other reclamation purpose. (G) Controlling surface subsidence due to abandoned underground mines. (H) Enhancing fish and wildlife habitat. (2) Manner of use Amounts in the Account may— (A) be expended by the Secretary for the purposes described in paragraph (1); (B) be transferred by the Secretary to the Director of the Bureau of Land Management, the Chief of the Forest Service, the Director of the National Park Service, the Director of the United States Fish and Wildlife Service, the head of any other Federal agency, or any public entity that volunteers to develop and implement, and that has the ability to carry out, all or a significant portion of a reclamation program under this subtitle; or (C) be transferred by the Secretary to an Indian tribe or a State to carry out a reclamation program under this subtitle that meets the purposes described in paragraph (1). (b) Allocation Of the amounts deposited into the Account— (1) 25 percent shall be allocated by the Secretary for expenditure in States or on tribal lands within the boundaries of which occurs production of hardrock minerals or mineral concentrates or products derived from hardrock minerals, based on a formula reflecting existing production in each such State or on the land of the Indian tribe; (2) 25 percent shall be allocated for expenditure by the Secretary in States or on tribal lands based on a formula reflecting the quantity of hardrock minerals, or mineral concentrates or products derived from hardrock minerals, historically produced in each such State or from the land of the Indian tribe before the date of enactment of this Act; and (3) 50 percent shall be allocated for expenditure by the Secretary to address high-priority needs according to the priorities in subsection (c). (c) Priorities Expenditures of moneys from the Account shall reflect the following priorities in the order stated: (1) The protection of public health and safety from extreme danger from the adverse effects of past mineral activities, especially as relates to surface water and ground water contaminants. (2) The protection of public health and safety from the adverse effects of past mineral activities. (3) The restoration of land, water, and fish and wildlife resources previously degraded by the adverse effects of past mineral activities, which may include restoration activities in river watershed areas. (d) Habitat Reclamation and restoration activities under this subtitle shall include appropriate mitigation measures to provide for the continuation of any established habitat for wildlife in existence before the commencement of such activities. (e) Response or removal actions Reclamation and restoration activities under this subtitle that constitute a removal or remedial action under section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 ), shall be conducted with the concurrence of the Administrator of the Environmental Protection Agency. The Secretary and the Administrator shall enter into a memorandum of understanding to establish procedures for consultation, concurrence, training, exchange of technical expertise, and joint activities under the appropriate circumstances, that provide assurances that reclamation or restoration activities under this subtitle shall not be conducted in a manner that increases the costs or likelihood of removal or remedial actions under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ), and that avoid oversight by multiple agencies to the maximum extent practicable. 412. Eligible lands and waters (a) Eligibility Reclamation expenditures under this subtitle may only be made with respect to Federal, State, Indian, local, and private lands that have been affected by past mineral activities, and water resources that traverse or are contiguous to such lands, including any of the following: (1) Lands and water resources that were used for, or affected by, mineral activities and abandoned or left in an inadequate reclamation status before the effective date of this Act. (2) Lands for which the Secretary makes a determination that there is no continuing reclamation responsibility of a claim holder, operator, or other person who abandoned the site prior to completion of required reclamation under State or other Federal laws. (b) Specific Sites and Areas Not Eligible Sites and areas designated for remedial action pursuant to the Uranium Mill Tailings Radiation Control Act of 1978 ( 42 U.S.C. 7901 et seq. ) shall not be eligible for expenditures from the Account under this section. (c) Inventory The Secretary shall prepare and maintain a publicly available inventory of abandoned hardrock minerals mines on public lands and any abandoned mine on Indian lands that may be eligible for expenditures under this subtitle, and shall submit an annual report to the Congress on the progress in cleanup of such sites. 413. Authorization of appropriations Amounts credited to the Hardrock Reclamation Account are authorized to be appropriated for the purpose of this subtitle without fiscal year limitation. C Use of Hardrock Community Impact Assistance Account 421. Use and objectives of the account Amounts in the Hardrock Community Impact Assistance Account shall be available to the Secretary, subject to appropriations, to provide assistance for the planning, construction, and maintenance of public facilities and the provision of public services to States, political subdivisions, and Indian tribes that are socially or economically impacted by mineral activities conducted under the general mining laws. 422. Allocation of funds Moneys deposited into the Hardrock Community Impact Assistance Account shall be allocated by the Secretary for purposes of section 421 among the States within the boundaries of which occurs production of locatable minerals from mining claims located under the general mining laws and maintained in compliance with this Act, or mineral concentrates or products derived from locatable minerals from mining claims located under the general mining laws and maintained in compliance with this Act, as the case may be, in proportion to the amount of such production in each such State. V Administrative and Miscellaneous Provisions A Administrative Provisions 501. Policy functions (a) Minerals policy Section 101 of the Mining and Minerals Policy Act of 1970 ( 30 U.S.C. 21a ) is amended— (1) in the first sentence by inserting before the period at the end the following: and to ensure that mineral extraction and processing not cause undue degradation of the natural and cultural resources of the public lands ; and (2) by adding at the end thereof the following: It shall also be the responsibility of the Secretary of Agriculture to carry out the policy provisions of clauses (1) and (2) of the first paragraph of this section. . (b) Mineral data Section 5(e)(3) of the National Materials and Minerals Policy, Research and Development Act of 1980 ( 30 U.S.C. 1604(e)(3) ) is amended by inserting before the period the following: , except that for National Forest System lands, the Secretary of Agriculture shall promptly initiate actions to improve the availability and analysis of mineral data in public land use decisionmaking . 502. User fees (a) In general The Secretary and the Secretary of Agriculture may each establish and collect from persons subject to the requirements of this Act such user fees as may be necessary to reimburse the United States for the expenses incurred in administering such requirements. Fees may be assessed and collected under this section only in such manner as may reasonably be expected to result in an aggregate amount of the fees collected during any fiscal year which does not exceed the aggregate amount of administrative expenses referred to in this section. (b) Adjustment (1) The Secretary shall adjust the fees required by this section to reflect changes in the Consumer Price Index published by the Bureau of Labor Statistics of the Department of Labor every 5 years after the date of enactment of this Act, or more frequently if the Secretary determines an adjustment to be reasonable. (2) The Secretary shall provide claimants notice of any adjustment made under this subsection not later than July 1 of any year in which the adjustment is made. (3) A fee adjustment under this subsection shall begin to apply the calendar year following the calendar year in which it is made. 503. Inspection and monitoring (a) Inspections (1) The Secretary, or for National Forest System lands, the Secretary of Agriculture, shall make inspections of mineral activities so as to ensure compliance with the requirements of this Act. (2) The Secretary concerned shall establish a frequency of inspections for mineral activities conducted under a permit issued under title III, but in no event shall such inspection frequency be less than one complete inspection per calendar quarter or, two per calendar quarter in the case of a permit for which the Secretary concerned approves an application under section 304(f) (relating to temporary cessation of operations). After revegetation has been established in accordance with a reclamation plan, such Secretary shall conduct annually 2 complete inspections. Such Secretary shall have the discretion to modify the inspection frequency for mineral activities that are conducted on a seasonal basis. Inspections shall continue under this subsection until final release of financial assurance. (3) (A) Any person who has reason to believe he or she is or may be adversely affected by mineral activities due to any violation of the requirements of a permit approved under this Act may request an inspection. The Secretary, or for National Forest System lands, the Secretary of Agriculture, shall determine within 10 working days of receipt of the request whether the request states a reason to believe that a violation exists. If the person alleges and provides reason to believe that an imminent threat to the environment or danger to the health or safety of the public exists, the 10-day period shall be waived and the inspection shall be conducted immediately. When an inspection is conducted under this paragraph, the Secretary concerned shall notify the person requesting the inspection, and such person shall be allowed to accompany the Secretary concerned or the Secretary’s authorized representative during the inspection. The Secretary shall not incur any liability for allowing such person to accompany an authorized representative. The identity of the person supplying information to the Secretary relating to a possible violation or imminent danger or harm shall remain confidential with the Secretary if so requested by that person, unless that person elects to accompany an authorized representative on the inspection. (B) The Secretaries shall, by joint rule, establish procedures for the review of (i) any decision by an authorized representative not to inspect; or (ii) any refusal by such representative to ensure that remedial actions are taken with respect to any alleged violation. The Secretary concerned shall furnish such persons requesting the review a written statement of the reasons for the Secretary’s final disposition of the case. (b) Monitoring (1) The Secretary, or for National Forest System lands, the Secretary of Agriculture, shall require all operators to develop and maintain a monitoring and evaluation system that shall identify compliance with all requirements of a permit approved under this Act. The Secretary concerned may require additional monitoring to be conducted as necessary to assure compliance with the reclamation and other environmental standards of this Act. Such plan must be reviewed and approved by the Secretary and shall become a part of the explorations or operations permit. (2) The operator shall file reports with the Secretary, or for National Forest System lands, the Secretary of Agriculture, on a frequency determined by the Secretary concerned, on the results of the monitoring and evaluation process, except that if the monitoring and evaluation show a violation of the requirements of a permit approved under this Act, it shall be reported immediately to the Secretary concerned. The Secretary shall evaluate the reports submitted pursuant to this paragraph, and based on those reports and any necessary inspection shall take enforcement action pursuant to this section. Such reports shall be maintained by the operator and by the Secretary and shall be made available to the public. (3) The Secretary, or for National Forest System lands, the Secretary of Agriculture, shall determine what information shall be reported by the operator pursuant to paragraph (3). A failure to report as required by the Secretary concerned shall constitute a violation of this Act and subject the operator to enforcement action pursuant to section 506. 504. Citizens suits (a) In general Except as provided in subsection (b), any person may commence a civil action on his or her own behalf to compel compliance— (1) against any person (including the Secretary or the Secretary of Agriculture) who is alleged to be in violation of any of the provisions of this Act or any regulation promulgated pursuant to title III of this Act or any term or condition of any permit issued under title III of this Act; or (2) against the Secretary or the Secretary of Agriculture where there is alleged a failure of such Secretary to perform any act or duty under this Act, or to promulgate any regulation under this Act, which is not within the discretion of the Secretary concerned. The United States district courts shall have jurisdiction over actions brought under this section, without regard to the amount in controversy or the citizenship of the parties, including actions brought to apply any civil penalty under this Act. The district courts of the United States shall have jurisdiction to compel agency action unreasonably delayed, except that an action to compel agency action reviewable under section 505 may only be filed in a United States district court within the circuit in which such action would be reviewable under section 505. (b) Exceptions (1) No action may be commenced under subsection (a) before the end of the 60-day period beginning on the date the plaintiff has given notice in writing of such alleged violation to the alleged violator and the Secretary, or for National Forest System lands, the Secretary of Agriculture, except that any such action may be brought immediately after such notification if the violation complained of constitutes an imminent threat to the environment or to the health or safety of the public. (2) No action may be brought against any person other than the Secretary or the Secretary of Agriculture under subsection (a)(1) if such Secretary has commenced and is diligently prosecuting a civil or criminal action in a court of the United States to require compliance. (3) No action may be commenced under paragraph (2) of subsection (a) against either Secretary to review any rule promulgated by, or to any permit issued or denied by such Secretary if such rule or permit issuance or denial is judicially reviewable under section 505 or under any other provision of law at any time after such promulgation, issuance, or denial is final. (c) Venue Venue of all actions brought under this section shall be determined in accordance with section 1391 of title 28, United States Code. (d) Costs The court, in issuing any final order in any action brought pursuant to this section may award costs of litigation (including attorney and expert witness fees) to any party whenever the court determines such award is appropriate. The court may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond or equivalent security in accordance with the Federal Rules of Civil Procedure. (e) Savings clause Nothing in this section shall restrict any right which any person (or class of persons) may have under chapter 7 of title 5, United States Code, under this section, or under any other statute or common law to bring an action to seek any relief against the Secretary or the Secretary of Agriculture or against any other person, including any action for any violation of this Act or of any regulation or permit issued under this Act or for any failure to act as required by law. Nothing in this section shall affect the jurisdiction of any court under any provision of title 28, United States Code, including any action for any violation of this Act or of any regulation or permit issued under this Act or for any failure to act as required by law. 505. Administrative and judicial review (a) Review by secretary (1) (A) Any person issued a notice of violation or cessation order under section 506, or any person having an interest which is or may be adversely affected by such notice or order, may apply to the Secretary, or for National Forest System lands, the Secretary of Agriculture, for review of the notice or order within 30 days after receipt thereof, or as the case may be, within 30 days after such notice or order is modified, vacated, or terminated. (B) Any person who is subject to a penalty assessed under section 506 may apply to the Secretary concerned for review of the assessment within 45 days of notification of such penalty. (C) Any person may apply to such Secretary for review of the decision within 30 days after it is made. (D) Pending a review by the Secretary or resolution of an administrative appeal, final decisions (except enforcement actions under section 506) shall be stayed. (2) The Secretary concerned shall provide an opportunity for a public hearing at the request of any party to the proceeding as specified in paragraph (1). The filing of an application for review under this subsection shall not operate as a stay of any order or notice issued under section 506. (3) For any review proceeding under this subsection, the Secretary concerned shall make findings of fact and shall issue a written decision incorporating therein an order vacating, affirming, modifying, or terminating the notice, order, or decision, or with respect to an assessment, the amount of penalty that is warranted. Where the application for review concerns a cessation order issued under section 506 the Secretary concerned shall issue the written decision within 30 days of the receipt of the application for review or within 30 days after the conclusion of any hearing referred to in paragraph (2), whichever is later, unless temporary relief has been granted by the Secretary concerned under paragraph (4). (4) Pending completion of any review proceedings under this subsection, the applicant may file with the Secretary, or for National Forest System lands, the Secretary of Agriculture, a written request that the Secretary grant temporary relief from any order issued under section 506 together with a detailed statement giving reasons for such relief. The Secretary concerned shall expeditiously issue an order or decision granting or denying such relief. The Secretary concerned may grant such relief under such conditions as he or she may prescribe only if such relief shall not adversely affect the health or safety of the public or cause imminent environmental harm to land, air, or water resources. (5) The availability of review under this subsection shall not be construed to limit the operation of rights under section 504 (relating to citizen suits). (b) Judicial review (1) Any final action by the Secretaries of the Interior and Agriculture in promulgating regulations to implement this Act, or any other final actions constituting rulemaking to implement this Act, shall be subject to judicial review only in the United States Court of Appeals for the District of Columbia. Any action subject to judicial review under this subsection shall be affirmed unless the court concludes that such action is arbitrary, capricious, or otherwise inconsistent with law. A petition for review of any action subject to judicial review under this subsection shall be filed within 60 days from the date of such action, or after such date if the petition is based solely on grounds arising after the 60th day. Any such petition may be made by any person who commented or otherwise participated in the rulemaking or any person who may be adversely affected by the action of the Secretaries. (2) Final agency action under this subsection, including such final action on those matters described under subsection (a), shall be subject to judicial review in accordance with paragraph (4) and pursuant to section 1391 of title 28, United States Code, on or before 60 days from the date of such final action. Any action subject to judicial review under this subsection shall be affirmed unless the court concludes that such action is arbitrary, capricious, or otherwise inconsistent with law. (3) The availability of judicial review established in this subsection shall not be construed to limit the operations of rights under section 504 (relating to citizens suits). (4) The court shall hear any petition or complaint filed under this subsection solely on the record made before the Secretary or Secretaries concerned. The court may affirm or vacate any order or decision or may remand the proceedings to the Secretary or Secretaries for such further action as it may direct. (5) The commencement of a proceeding under this section shall not, unless specifically ordered by the court, operate as a stay of the action, order, or decision of the Secretary or Secretaries concerned. (c) Costs Whenever a proceeding occurs under subsection (a) or (b), at the request of any person, a sum equal to the aggregate amount of all costs and expenses (including attorney fees) as determined by the Secretary or Secretaries concerned or the court to have been reasonably incurred by such person for or in connection with participation in such proceedings, including any judicial review of the proceeding, may be assessed against either party as the court, in the case of judicial review, or the Secretary or Secretaries concerned in the case of administrative proceedings, deems proper if it is determined that such party prevailed in whole or in part, achieving some success on the merits, and that such party made a substantial contribution to a full and fair determination of the issues. 506. Enforcement (a) Orders (1) If the Secretary, or for National Forest System lands, the Secretary of Agriculture, or an authorized representative of such Secretary, determines that any person is in violation of any environmental protection requirement under title III or any regulation issued by the Secretaries to implement this Act, such Secretary or authorized representative shall issue to such person a notice of violation describing the violation and the corrective measures to be taken. The Secretary concerned, or the authorized representative of such Secretary, shall provide such person with a period of time not to exceed 30 days to abate the violation. Such period of time may be extended by the Secretary concerned upon a showing of good cause by such person. If, upon the expiration of time provided for such abatement, the Secretary concerned, or the authorized representative of such Secretary, finds that the violation has not been abated he or she shall immediately order a cessation of all mineral activities or the portion thereof relevant to the violation. (2) If the Secretary concerned, or the authorized representative of the Secretary concerned, determines that any condition or practice exists, or that any person is in violation of any requirement under a permit approved under this Act, and such condition, practice or violation is causing, or can reasonably be expected to cause— (A) an imminent danger to the health or safety of the public; or (B) significant, imminent environmental harm to land, air, water, or fish or wildlife resources, such Secretary or authorized representative shall immediately order a cessation of mineral activities or the portion thereof relevant to the condition, practice, or violation. (3) (A) A cessation order pursuant to paragraph (1) or (2) shall remain in effect until such Secretary, or authorized representative, determines that the condition, practice, or violation has been abated, or until modified, vacated or terminated by the Secretary or authorized representative. In any such order, the Secretary or authorized representative shall determine the steps necessary to abate the violation in the most expeditious manner possible and shall include the necessary measures in the order. The Secretary concerned shall require appropriate financial assurances to ensure that the abatement obligations are met. (B) Any notice or order issued pursuant to paragraph (1) or (2) may be modified, vacated, or terminated by the Secretary concerned or an authorized representative of such Secretary. Any person to whom any such notice or order is issued shall be entitled to a hearing on the record. (4) If, after 30 days of the date of the order referred to in paragraph (3)(A) the required abatement has not occurred, the Secretary concerned shall take such alternative enforcement action against the claim holder or operator (or any person who controls the claim holder or operator) as will most likely bring about abatement in the most expeditious manner possible. Such alternative enforcement action may include, but is not necessarily limited to, seeking appropriate injunctive relief to bring about abatement. Nothing in this paragraph shall preclude the Secretary, or for National Forest System lands, the Secretary of Agriculture, from taking alternative enforcement action prior to the expiration of 30 days. (5) If a claim holder or operator (or any person who controls the claim holder or operator) fails to abate a violation or defaults on the terms of the permit, the Secretary, or for National Forest System lands, the Secretary of Agriculture, shall forfeit the financial assurance for the plan as necessary to ensure abatement and reclamation under this Act. The Secretary concerned may prescribe conditions under which a surety may perform reclamation in accordance with the approved plan in lieu of forfeiture. (6) The Secretary, or for National Forest System lands, the Secretary of Agriculture, shall not cause forfeiture of the financial assurance while administrative or judicial review is pending. (7) In the event of forfeiture, the claim holder, operator, or any affiliate thereof, as appropriate as determined by the Secretary by rule, shall be jointly and severally liable for any remaining reclamation obligations under this Act. (b) Compliance The Secretary, or for National Forest System lands, the Secretary of Agriculture, may request the Attorney General to institute a civil action for relief, including a permanent or temporary injunction or restraining order, or any other appropriate enforcement order, including the imposition of civil penalties, in the district court of the United States for the district in which the mineral activities are located whenever a person— (1) violates, fails, or refuses to comply with any order issued by the Secretary concerned under subsection (a); or (2) interferes with, hinders, or delays the Secretary concerned in carrying out an inspection under section 503. Such court shall have jurisdiction to provide such relief as may be appropriate. Any relief granted by the court to enforce an order under paragraph (1) shall continue in effect until the completion or final termination of all proceedings for review of such order unless the district court granting such relief sets it aside. (c) Delegation Notwithstanding any other provision of law, the Secretary may utilize personnel of the Office of Surface Mining Reclamation and Enforcement to ensure compliance with the requirements of this Act. (d) Penalties (1) Any person who fails to comply with any requirement of a permit approved under this Act or any regulation issued by the Secretaries to implement this Act shall be liable for a penalty of not more than $25,000 per violation. Each day of violation may be deemed a separate violation for purposes of penalty assessments. (2) A person who fails to correct a violation for which a cessation order has been issued under subsection (a) within the period permitted for its correction shall be assessed a civil penalty of not less than $1,000 per violation for each day during which such failure continues. (3) Whenever a corporation is in violation of a requirement of a permit approved under this Act or any regulation issued by the Secretaries to implement this Act or fails or refuses to comply with an order issued under subsection (a), any director, officer, or agent of such corporation who knowingly authorized, ordered, or carried out such violation, failure, or refusal shall be subject to the same penalties as may be imposed upon the person referred to in paragraph (1). (e) Suspensions or revocations The Secretary, or for National Forest System lands, the Secretary of Agriculture, shall suspend or revoke a permit issued under title III, in whole or in part, if the operator— (1) knowingly made or knowingly makes any false, inaccurate, or misleading material statement in any mining claim, notice of location, application, record, report, plan, or other document filed or required to be maintained under this Act; (2) fails to abate a violation covered by a cessation order issued under subsection (a); (3) fails to comply with an order of the Secretary concerned; (4) refuses to permit an audit pursuant to this Act; (5) fails to maintain an adequate financial assurance under section 306; (6) fails to pay claim maintenance fees or other moneys due and owing under this Act; or (7) with regard to plans conditionally approved under section 305(c)(2), fails to abate a violation to the satisfaction of the Secretary concerned, or if the validity of the violation is upheld on the appeal which formed the basis for the conditional approval. (f) False statements; tampering Any person who knowingly— (1) makes any false material statement, representation, or certification in, or omits or conceals material information from, or unlawfully alters, any mining claim, notice of location, application, record, report, plan, or other documents filed or required to be maintained under this Act; or (2) falsifies, tampers with, renders inaccurate, or fails to install any monitoring device or method required to be maintained under this Act, shall upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for not more than 2 years, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this subsection, punishment shall be by a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. Each day of continuing violation may be deemed a separate violation for purposes of penalty assessments. (g) Knowing violations Any person who knowingly— (1) engages in mineral activities without a permit required under title III; or (2) violates any other requirement of a permit issued under this Act, or any condition or limitation thereof, shall upon conviction be punished by a fine of not less than $5,000 nor more than $50,000 per day of violation, or by imprisonment for not more than 3 years, or both. If a conviction of a person is for a violation committed after the first conviction of such person under this subsection, punishment shall be a fine of not less than $10,000 per day of violation, or by imprisonment of not more than 6 years, or both. (h) Knowing and willful violations Any person who knowingly and willfully commits an act for which a civil penalty is provided in paragraph (1) of subsection (g) shall, upon conviction, be punished by a fine of not more than $50,000, or by imprisonment for not more than 2 years, or both. (i) Definition For purposes of this section, the term person includes any officer, agent, or employee of a person. 507. Regulations The Secretary and the Secretary of Agriculture shall issue such regulations as are necessary to implement this Act. The regulations implementing title II, title III, title IV, and title V that affect the Forest Service shall be joint regulations issued by both Secretaries, and shall be issued no later than 180 days after the date of enactment of this Act. 508. Effective date This Act shall take effect on the date of enactment of this Act, except as otherwise provided in this Act. B Miscellaneous Provisions 511. Oil shale claims Section 2511(f) of the Energy Policy Act of 1992 ( 30 U.S.C. 242(f) Public Law 102–486 ) is amended— (1) by striking as prescribed by the Secretary ; and (2) by inserting before the period the following: in the same manner as required by title II and title III of the Hardrock Mining and Reclamation Act of 2014 . 512. Purchasing power adjustment The Secretary shall adjust all location fees, claim maintenance rates, penalty amounts, and other dollar amounts established in this Act for changes in the purchasing power of the dollar no less frequently than every 5 years following the date of enactment of this Act, employing the Consumer Price Index for All Urban Consumers published by the Department of Labor as the basis for adjustment, and rounding according to the adjustment process of conditions of the Federal Civil Penalties Inflation Adjustment Act of 1990 (104 Stat. 890). 513. Savings clause (a) Special Application of mining laws Nothing in this Act shall be construed as repealing or modifying any Federal law, regulation, order, or land use plan, in effect prior to the date of enactment of this Act that prohibits or restricts the application of the general mining laws, including laws that provide for special management criteria for operations under the general mining laws as in effect prior to the date of enactment of this Act, to the extent such laws provide for protection of natural and cultural resources and the environment greater than required under this Act, and any such prior law shall remain in force and effect with respect to claims located (or proposed to be located) or converted under this Act. Nothing in this Act shall be construed as applying to or limiting mineral investigations, studies, or other mineral activities conducted by any Federal or State agency acting in its governmental capacity pursuant to other authority. Nothing in this Act shall affect or limit any assessment, investigation, evaluation, or listing pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ), or the Solid Waste Disposal Act (42 U.S.C. 3251 et seq.). (b) Effect on other Federal laws The provisions of this Act shall supersede the general mining laws, except for those parts of the general mining laws respecting location of mining claims that are not expressly modified by this Act. Except for the general mining laws, nothing in this Act shall be construed as superseding, modifying, amending, or repealing any provision of Federal law not expressly superseded, modified, amended, or repealed by this Act. Nothing in this Act shall be construed as altering, affecting, amending, modifying, or changing, directly or indirectly, any law which refers to and provides authorities or responsibilities for, or is administered by, the Environmental Protection Agency or the Administrator of the Environmental Protection Agency, including the Federal Water Pollution Control Act, title XIV of the Public Health Service Act (the Safe Drinking Water Act), the Clean Air Act, the Pollution Prevention Act of 1990, the Toxic Substances Control Act, the Federal Insecticide, Fungicide, and Rodenticide Act, the Federal Food, Drug, and Cosmetic Act, the Motor Vehicle Information and Cost Savings Act, the Federal Hazardous Substances Act, the Endangered Species Act of 1973, the Atomic Energy Act, the Noise Control Act of 1972, the Solid Waste Disposal Act, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, the Superfund Amendments and Reauthorization Act of 1986, the Ocean Dumping Act, the Environmental Research, Development, and Demonstration Authorization Act, the Pollution Prosecution Act of 1990, and the Federal Facilities Compliance Act of 1992, or any statute containing an amendment to any of such Acts. Nothing in this Act shall be construed as modifying or affecting any provision of the Native American Graves Protection and Repatriation Act ( Public Law 101–601 ) or any provision of the American Indian Religious Freedom Act ( 42 U.S.C. 1996 ), the National Historic Preservation Act ( 16 U.S.C. 470 et seq. ), and the Religious Freedom Restoration Act of 1993 ( 42 U.S.C. 2000bb et seq. ). (c) Protection of conservation areas In order to protect the resources and values of National Conservation System units, the Secretary, as appropriate, shall utilize authority under this Act and other applicable law to the fullest extent necessary to prevent mineral activities that could have an adverse impact on the resources or values for which such units were established. (d) Sovereign immunity of Indian tribes Nothing in this section shall be construed so as to waive the sovereign immunity of any Indian tribe. 514. Availability of public records Copies of records, reports, inspection materials, or information obtained by the Secretary or the Secretary of Agriculture under this Act shall be made immediately available to the public, consistent with section 552 of title 5, United States Code, in central and sufficient locations in the county, multicounty, and State area of mineral activity or reclamation so that such items are conveniently available to residents in the area proposed or approved for mineral activities and on the Internet. 515. Miscellaneous powers (a) In general In carrying out his or her duties under this Act, the Secretary, or for National Forest System lands, the Secretary of Agriculture, may conduct any investigation, inspection, or other inquiry necessary and appropriate and may conduct, after notice, any hearing or audit, necessary and appropriate to carrying out his or her duties. (b) Ancillary powers In connection with any hearing, inquiry, investigation, or audit under this Act, the Secretary, or for National Forest System lands, the Secretary of Agriculture, is authorized to take any of the following actions: (1) Require, by special or general order, any person to submit in writing such affidavits and answers to questions as the Secretary concerned may reasonably prescribe, which submission shall be made within such reasonable period and under oath or otherwise, as may be necessary. (2) Administer oaths. (3) Require by subpoena the attendance and testimony of witnesses and the production of all books, papers, records, documents, matter, and materials, as such Secretary may request. (4) Order testimony to be taken by deposition before any person who is designated by such Secretary and who has the power to administer oaths, and to compel testimony and the production of evidence in the same manner as authorized under paragraph (3) of this subsection. (5) Pay witnesses the same fees and mileage as are paid in like circumstances in the courts of the United States. (c) Enforcement In cases of refusal to obey a subpoena served upon any person under this section, the district court of the United States for any district in which such person is found, resides, or transacts business, upon application by the Attorney General at the request of the Secretary concerned and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and produce documents before the Secretary concerned. Any failure to obey such order of the court may be punished by such court as contempt thereof and subject to a penalty of up to $10,000 a day. (d) Entry and access Without advance notice and upon presentation of appropriate credentials, the Secretary, or for National Forest System lands, the Secretary of Agriculture, or any authorized representative thereof— (1) shall have the right of entry to, upon, or through the site of any claim, mineral activities, or any premises in which any records required to be maintained under this Act are located; (2) may at reasonable times, and without delay, have access to records, inspect any monitoring equipment, or review any method of operation required under this Act; (3) may engage in any work and do all things necessary or expedient to implement and administer the provisions of this Act; (4) may, on any mining claim located under the general mining laws and maintained in compliance with this Act, and without advance notice, stop and inspect any motorized form of transportation that such Secretary has probable cause to believe is carrying locatable minerals, concentrates, or products derived therefrom from a claim site for the purpose of determining whether the operator of such vehicle has documentation related to such locatable minerals, concentrates, or products derived therefrom as required by law, if such documentation is required under this Act; and (5) may, if accompanied by any appropriate law enforcement officer, or an appropriate law enforcement officer alone, stop and inspect any motorized form of transportation which is not on a claim site if he or she has probable cause to believe such vehicle is carrying locatable minerals, concentrates, or products derived therefrom from a claim site on Federal lands or allocated to such claim site. Such inspection shall be for the purpose of determining whether the operator of such vehicle has the documentation required by law, if such documentation is required under this Act. 516. Multiple mineral development and surface resources The provisions of sections 4 and 6 of the Act of August 13, 1954 (30 U.S.C. 524 and 526), commonly known as the Multiple Minerals Development Act, and the provisions of section 4 of the Act of July 23, 1955 ( 30 U.S.C. 612 ), shall apply to all mining claims located under the general mining laws and maintained in compliance with such laws and this Act. 517. Mineral materials (a) Determinations Section 3 of the Act of July 23, 1955 ( 30 U.S.C. 611 ), is amended— (1) by inserting (a) before the first sentence; (2) by inserting mineral materials, including but not limited to after varieties of in the first sentence; (3) by striking or cinders and inserting in lieu thereof cinders, and clay ; and (4) by adding the following new subsection at the end thereof: (b) (1) Subject to valid existing rights, after the date of enactment of the Hardrock Mining and Reclamation Act of 2014 , notwithstanding the reference to common varieties in subsection (a) and to the exception to such term relating to a deposit of materials with some property giving it distinct and special value, all deposits of mineral materials referred to in such subsection, including the block pumice referred to in such subsection, shall be subject to disposal only under the terms and conditions of the Materials Act of 1947. (2) For purposes of paragraph (1), the term valid existing rights means that a mining claim located for any such mineral material— (A) had and still has some property giving it the distinct and special value referred to in subsection (a), or as the case may be, met the definition of block pumice referred to in such subsection; (B) was properly located and maintained under the general mining laws prior to the date of enactment of the Hardrock Mining and Reclamation Act of 2014 ; (C) was supported by a discovery of a valuable mineral deposit within the meaning of the general mining laws as in effect immediately prior to the date of enactment of the Hardrock Mining and Reclamation Act of 2014 ; and (D) that such claim continues to be valid under this Act. . (b) Mineral materials disposal clarification Section 4 of the Act of July 23, 1955 ( 30 U.S.C. 612 ), is amended— (1) in subsection (b) by inserting and mineral material after vegetative ; and (2) in subsection (c) by inserting and mineral material after vegetative . (c) Conforming amendment Section 1 of the Act of July 31, 1947, entitled An Act to provide for the disposal of materials on the public lands of the United States ( 30 U.S.C. 601 et seq. ) is amended by striking common varieties of in the first sentence. (d) Short titles (1) Surface resources The Act of July 23, 1955, is amended by inserting after section 7 the following new section: 8. This Act may be cited as the Surface Resources Act of 1955 . . (2) Mineral materials The Act of July 31, 1947, entitled An Act to provide for the disposal of materials on the public of the United States ( 30 U.S.C. 601 et seq. ) is amended by inserting after section 4 the following new section: 5. This Act may be cited as the Materials Act of 1947 . . (e) Repeals (1) Subject to valid existing rights, the Act of August 4, 1892 (chapter 375; 27 Stat. 348; 30 U.S.C. 161), commonly known as the Building Stone Act, is hereby repealed. (2) Subject to valid existing rights, the Act of January 31, 1901 (chapter 186; 31 Stat. 745; 30 U.S.C. 162), commonly known as the Saline Placer Act, is hereby repealed. VI Good Samaritan Cleanup of Abandoned Hardrock Mines 601. Short title This title may be cited as the Good Samaritan Cleanup of Abandoned Hardrock Mines Act of 2014 . 602. Findings; purposes (a) Findings Congress finds that— (1) the Federal Government and State governments have encouraged hardrock mining in the United States through a wide variety of laws, policies, and actions; (2) mining operations produce metals and minerals that have important social benefits and values; (3) many areas in the United States at which historic mining operations took place are now the locations of inactive and abandoned mine sites; (4) the mining activities that took place prior to the enactment of modern environmental laws often disturbed public and private land, and those disturbances led to environmental pollution, including the discharge of pollutants into surface water and groundwater; (5) many of the individuals and corporate owners and operators of mines the actions of which caused the pollution described in paragraph (4) are no longer alive or in existence; (6) many of the historic mining sites have polluted the environment for more than a century and, unless remedied, will continue to do so indefinitely; (7) unabated discharges from inactive and abandoned mines will continue to pollute surface water, groundwater, and soils; (8) many of the streams and water bodies impacted by acid mine drainage are important resources for fish and wildlife, recreation, drinking water, agriculture, and other public purposes; (9) some of the remaining owners and operators of historic mine sites do not have adequate resources to properly conduct the remediation of the mine sites under applicable environmental laws; (10) from time to time, States, individuals, and companies are willing to remediate historic mine sites for the public good as Good Samaritans, despite the fact that those States, individuals, and companies are not legally required to do so; (11) Good Samaritan remediation activities may— (A) vary in size and complexity; (B) reflect a myriad of methods by which mine residue may be cleaned up; and (C) include, among other activities— (i) the removal, relocation, or management of tailings or other waste piles; (ii) passive or active water treatment; and (iii) runoff or runon controls; (12) the potential obligations, requirements, and liabilities under the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ) that may attach to Good Samaritans as the result of the conduct by the Good Samaritans of remediation activities can dissuade potential Good Samaritans from acting for the public good; (13) it is in the interest of the United States, the States, and local communities to remediate historic mine sites— (A) in appropriate circumstances and to the maximum extent practicable; and (B) so that the detrimental environmental impacts of the historic mine sites are lessened in the future; and (14) if appropriate protections are provided to Good Samaritans, Good Samaritans will have a greater incentive to remediate historic mine sites for the public good. (b) Purposes The purposes of this title are— (1) to encourage the partial or complete remediation of inactive and abandoned mine sites for the public good by individuals or entities that are not legally responsible for the remediation; (2) to allow any individual or entity not legally responsible for environmental conditions relating to an inactive or abandoned mine site— (A) to make further progress toward the goal of meeting water quality standards in all water of the United States; and (B) to improve other environmental media affected by past mining activities at the inactive or abandoned mine site without incurring any obligation or liability with respect to the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ); (3) to ensure that remediation activities performed by Good Samaritans— (A) result in actual and significant environmental benefits; and (B) are carried out— (i) with the approval and agreement, and at the discretion, of affected Federal, State, and tribal authorities; (ii) in a manner that enables the public to conduct a review of, and submit comments relating to, the remediation activities; and (iii) in a manner that is beneficial to the environment and each community affected by the remediation activities; and (4) to further the innovations of, and cooperation among, the Federal Government, State and tribal governments, private individuals, and corporations to accelerate efforts relating to conservation and environmental restoration. 603. Scope Nothing in this title (or an amendment made by this title)— (1) reduces any existing liability; or (2) facilitates the conduct of any mining or processing other than the conduct of any mining or processing that is required for the remediation of historic mine residue for the public good. 604. Good samaritan discharge permits Section 402 of the Federal Water Pollution Control Act ( 33 U.S.C. 1342 ) is amended by adding at the end the following: (s) Good samaritan discharge permits (1) Definitions In this subsection: (A) Cooperating person (i) In general The term cooperating person means any person that— (I) is a Good Samaritan; (II) assists a permittee in the remediation of an inactive or abandoned mine site; and (III) is identified in a Good Samaritan discharge permit issued under paragraph (2). (ii) Inclusion The term cooperating person includes the Federal Government. (B) Eligible applicant The term eligible applicant means a person that— (i) is a Good Samaritan; and (ii) proposes a project, the purpose of which is to remediate, in whole or in part, actual or threatened pollution caused by historic mine residue at an inactive or abandoned mine site. (C) Good Samaritan The term Good Samaritan means a person that, with respect to historic mine residue at an inactive or abandoned mine site— (i) had no role in the creation of the historic mine residue; (ii) had no role in creating any environmental pollution caused by the historic mine residue; and (iii) is not liable under any Federal, State, tribal, or local law for the remediation of the historic mine residue. (D) Historic mine residue (i) In general The term historic mine residue means mine residue or any condition resulting from activities at an inactive or abandoned mine site prior to October 18, 1972, that— (I) causes or contributes to the actual or threatened discharge of pollutants from the inactive or abandoned mine site; or (II) otherwise pollutes the environment. (ii) Inclusions The term historic mine residue includes— (I) ores and minerals that— (aa) were mined during the active operation of an inactive or abandoned mine site; and (bb) contribute to acid mine drainage or other environmental pollution; (II) equipment (including materials in equipment); (III) any waste or material resulting from any extraction, beneficiation, or other processing activity that occurred during the active operation of an inactive or abandoned mine site; and (IV) any acidic or otherwise polluted flow in surface water or groundwater that originates from an inactive or abandoned mine site. (E) Identifiable owner or operator The term identifiable owner or operator means a person that is— (i) legally responsible under section 301 for a discharge that originates from an inactive or abandoned mine site; and (ii) financially capable of complying with each requirement described in this section and section 301. (F) Inactive or abandoned mine site (i) In general The term inactive or abandoned mine site means a mine site (including associated facilities) that— (I) is located in the United States; (II) was used for the production of a mineral other than coal; (III) has historic mine residue; and (IV) is no longer actively mined on the date on which an eligible applicant submits to a permitting authority a remediation plan relating to an application for a Good Samaritan discharge permit under paragraph (3)(B) for the remediation of the mine site. (ii) Exclusions The term inactive or abandoned mine site does not include a mine site (including associated facilities) that is— (I) in a temporary shutdown; (II) included on the National Priorities List developed by the President in accordance with section 105(a)(8)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9605(a)(8)(B) ); or (III) the subject of an ongoing or planned remedial action carried out in accordance with the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ). (G) Indian tribe The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). (H) Permittee The term permittee means a person that is issued a Good Samaritan discharge permit under this subsection. (I) Permitting authority (i) In general Except as provided in clause (ii), the term permitting authority means the Administrator. (ii) Exception In the case of a State or Indian tribe with an approved permitting program under paragraph (2)(B), the term permitting authority means the head of the permitting program of the State or Indian tribe. (J) Person The term person includes— (i) an individual; (ii) a firm; (iii) a corporation; (iv) an association; (v) a partnership; (vi) a consortium; (vii) a joint venture; (viii) a commercial entity; (ix) a nonprofit organization; (x) the Federal Government; (xi) a State (including a political subdivision of a State); (xii) an interstate entity; (xiii) a commission; and (xiv) an Indian tribe. (2) Good samaritan discharge permits (A) In general A permitting authority may issue a Good Samaritan discharge permit to an eligible applicant in concurrence, if applicable, with— (i) the State in which the proposed inactive or abandoned mine site remediation project is located; or (ii) the Federal agency or Indian tribe that owns or has jurisdiction over the site at which the proposed inactive or abandoned mine site remediation project is located. (B) State or tribal programs The Administrator shall approve a State or tribal program for the issuance of Good Samaritan discharge permits if— (i) the State or Indian tribe has, as of the date of enactment of this subsection, authority to issue a permit under subsection (b); and (ii) the State or Indian tribe requests such authority. (3) Permit process (A) Scope An eligible applicant may apply for a Good Samaritan discharge permit to conduct remediation activities at any inactive or abandoned mine site from which there is, or may be, a discharge or a threatened discharge of pollutants into any water of the United States. (B) Remediation plan To apply for a Good Samaritan discharge permit under subparagraph (A), an eligible applicant shall submit to the permitting authority an application that contains a remediation plan that, to the extent known by the eligible applicant as of the date on which the application is submitted, contains— (i) an identification of— (I) the eligible applicant (including any cooperating person) with respect to the remediation plan; (II) the mine site that is the subject of the remediation plan (including such documentation as the permitting authority determines to be sufficient to demonstrate to the permitting authority that the mine site is an inactive or abandoned mine site); and (III) each body of water of the United States that is affected by actual or threatened discharges from the inactive or abandoned mine site; (ii) a description of— (I) the baseline conditions of each body of water described in clause (i)(III) as of the date on which the eligible applicant submits the application, including— (aa) the nature and extent of any adverse impact on the quality of each body of water caused by the drainage of historic mine residue or other discharges from the inactive or abandoned mine site; and (bb) as applicable, the level of any pollutant in each body of water that has resulted in an adverse impact described in item (aa); (II) the conditions of the inactive or abandoned mine site that cause adverse impacts to the quality of each body of water described in clause (i)(III); (III) the reasonable efforts taken by the eligible applicant to identify identifiable owners or operators of the inactive or abandoned mine site that is the subject of the application; (IV) each remediation goal and objective proposed by the eligible applicant, including— (aa) each pollutant to be addressed by the remediation plan; and (bb) each action that the eligible applicant proposes to take that, to the maximum extent reasonable and practicable under the circumstances, will assist in the attainment of each applicable water quality standard; (V) the practices (including a schedule and estimated completion date for the implementation of each practice) that are proposed by the eligible applicant to meet each remediation goal and objective described in subclause (IV), including— (aa) in the case of a new remediation project, the preliminary system design and construction, operation, and maintenance plans relating to the new remediation project; and (bb) in the case of an existing remediation project, available system design and construction, operation, and maintenance plans and any planned improvements with respect to the existing remediation project; (VI) any proposed recycling or reprocessing of historic mine residue to be conducted by the eligible applicant (including a description of how each proposed recycling or reprocessing activity relates to the remediation of an inactive or abandoned mine site); (VII) the monitoring or other forms of assessment that will be undertaken by the eligible applicant to evaluate the success of the practices described in subclause (V) during and after the implementation of the remediation plan, with respect to the baseline conditions; (VIII) each contingency plan that is designed for responding to unplanned adverse events (including the practices to be implemented to achieve each remediation goal and objective described in subclause (IV)); (IX) the legal authority of the eligible applicant to enter, and conduct activities at, the inactive or abandoned mine site that is the subject of the remediation plan; and (X) any public outreach activity to be conducted by the eligible applicant; (iii) an explanation of the manner by which the practices described in clause (ii)(V) are expected to achieve each remediation goal and objective described in clause (ii)(IV); (iv) a schedule for the periodic reporting by the eligible applicant with respect to any progress in implementing the remediation plan; (v) a budget for the remediation plan that includes a description of each funding source that will support the implementation of the remediation plan, including— (I) each practice described in clause (ii)(VIII); (II) each action described in clause (ii)(IV)(bb); and (III) each monitoring or other appropriate activity described in clause (ii)(VII); and (vi) any other additional information requested by the Administrator to clarify the remediation plan and each proposed activity covered by the remediation plan. (C) Certification of plan An application for a Good Samaritan discharge permit submitted by an eligible applicant to a permitting authority under subparagraph (B) shall be signed and certified in a manner consistent with section 122.22 of title 40, Code of Federal Regulations. (D) Investigative measures (i) In general A Good Samaritan discharge permit may include a program of investigative measures to be completed prior to the remediation of the inactive or abandoned mine site that is the subject of the permit if the permitting authority, upon the receipt of the application of an eligible applicant for a Good Samaritan discharge permit, determines the program of investigative measures to be appropriate. (ii) Program requirements Any water sampling included in the program of investigative measures described in clause (i) shall be conducted by an eligible applicant in accordance with any applicable method described in part 136 of title 40, Code of Federal Regulations. (iii) Requirements relating to samples In conducting a program of investigative measures described in clause (i), an eligible applicant shall— (I) ensure that each sample collected under the program is representative of the conditions present at the inactive or abandoned mine site that is the subject of the program; and (II) retain records of all sampling events for a period of not less than 3 years. (iv) Initial plan (I) In general If an eligible applicant proposes to conduct a program of investigative measures, the eligible applicant shall submit to the permitting authority a plan that contains, to the extent known by the eligible applicant as of the date on which the eligible applicant submits the application— (aa) each description required under subclauses (I), (II), and (IV) through (VIII) of subparagraph (B)(ii); (bb) the explanation required under subparagraph (B)(iii); (cc) the schedule required under subparagraph (B)(iv); and (dd) the budget required under subparagraph (B)(v). (II) Responsibility to supplement descriptions An eligible applicant that conducts a program of investigative measures shall, based on the results of the program, supplement each item described in subclause (I), as necessary. (v) Report of results The results of the program of investigative measures shall be— (I) detailed in a report for the permitting agency; and (II) made available by the applicant to any member of the public that requests the report. (vi) Permit modification Based upon the results of the investigative measures, a Good Samaritan discharge permit may be modified pursuant to the permit procedures described in this subsection. (vii) Option to decline remediation A Good Samaritan discharge permit may allow the permittee to decline to undertake remediation based on the results of the investigative sampling program, if— (I) the program of investigative measures is authorized under this subparagraph; and (II) the activities under the program of investigative measures have not resulted in surface water quality conditions, taken as a whole, that are worse than the baseline condition of bodies of water described in subparagraph (B)(ii)(I). (E) Review of application (i) Initial review The permitting authority shall— (I) review each application submitted by an eligible applicant for a Good Samaritan discharge permit; (II) provide to the public, with respect to the Good Samaritan discharge permit— (aa) notice and a reasonable opportunity to comment; and (bb) a public hearing; (III) if the Administrator is the permitting authority, provide a copy of the application to each affected State, Indian tribe, and other Federal agency; and (IV) determine whether the application for the Good Samaritan discharge permit meets each requirement described in subparagraph (B). (ii) Requirements not met If the permitting authority determines that an application for a Good Samaritan discharge permit does not meet each requirement described in subparagraph (B), the permitting authority shall— (I) notify the eligible applicant that the application is disapproved and explain the reasons for the disapproval; and (II) allow the eligible applicant to submit a revised application. (iii) Requirements met If the permitting authority determines that an application for a Good Samaritan discharge permit meets each requirement described in subparagraph (B), the permitting authority shall notify the eligible applicant that the application is accepted. (F) Permit issuance After notice and opportunity for public comment with respect to a Good Samaritan discharge permit proposed by a permitting authority to be issued under this subsection (including any additional requirement that the permitting authority determines would facilitate the implementation of this subsection), the permitting authority may issue a permit to an eligible applicant if— (i) the permitting authority determines that— (I) relative to the resources identified by the eligible applicant for funding the proposed remediation activity, the eligible applicant has made a reasonable effort to identify identifiable owners or operators under subparagraph (B)(ii)(III); (II) no identifiable owner or operator exists (except, with respect to Federal land, where the only identifiable owner or operator is the Federal Government); (III) taking into consideration each funding source (including the amount of each funding source) identified by the eligible applicant for the proposed remediation activity in accordance with subparagraph (B)(v), the remediation plan of the eligible applicant demonstrates that the implementation of the remediation plan will— (aa) assist in the attainment of applicable water quality standards to the extent reasonable and practicable under the circumstances; and (bb) not result in water quality that is worse than the baseline water condition described in subparagraph (B)(ii)(I); (IV) the eligible applicant has provided adequate evidence of financial resources that will enable the eligible applicant to complete the proposed project of the eligible applicant; and (V) the proposed project of the eligible applicant meets the requirements of this section; (ii) any Federal, State, or tribal land management agency with jurisdiction over any inactive or abandoned mine site that is the subject of the proposed permit, or any public trustee for natural resources affected by historic mine residue associated with any inactive or abandoned mine site that is the subject of the proposed permit, does not object to the issuance of the permit; and (iii) if the Administrator is the permitting authority, the affected State or Indian tribe concurs with the issuance of the permit. (G) Deadline relating to approval or denial of application Not later than 180 days after the date of receipt by a permitting authority of an application for a Good Samaritan discharge permit that the permitting authority determines to be complete, the permitting authority shall— (i) issue to the eligible applicant a Good Samaritan discharge permit; or (ii) deny the application of the eligible applicant for a Good Samaritan discharge permit. (H) Modification of permit (i) Approval and disapproval process In accordance with clause (ii), after the date of receipt by a permitting authority of a written request by a permittee to modify the Good Samaritan discharge permit of the permittee, the permitting authority shall approve or disapprove the request for modification. (ii) Permit modification A permit modification that is approved by a permitting authority under this subparagraph shall be— (I) by agreement between the permittee and the permitting authority and, if the Administrator is the permitting authority, the affected State or Indian tribe; (II) subject to— (aa) a period of public notice and comment; and (bb) a public hearing; (III) in compliance with each standard described in subparagraph (F)(i)(III); and (IV) immediately reflected in, and applicable to, the Good Samaritan discharge permit. (4) Contents of permits (A) In general A Good Samaritan discharge permit shall— (i) contain— (I) a remediation plan approved by the permitting authority; and (II) any additional requirement that the permitting authority establishes by regulation under paragraph (10); and (ii) provide for compliance with, and implementation of, the remediation plan and any additional requirement described in clause (i)(II). (B) Scope A Good Samaritan discharge permit shall authorize only those activities that are required for the remediation of historic mine residue at an inactive or abandoned mine site, as determined by the permitting authority. (C) Review A Good Samaritan discharge permit shall contain a schedule for review, to be conducted by the permitting authority, to determine compliance by the permittee with each condition and limitation of the permit. (5) Effect of permit compliance (A) Compliance with Act (i) In general A Good Samaritan discharge permit issued under this subsection shall authorize the permittee, and any cooperating persons, to carry out each activity described in the Good Samaritan discharge permit. (ii) Compliance with permit Compliance by the permittee, and any cooperating persons, with respect to the Good Samaritan discharge permit shall constitute compliance with this Act. (B) Scope of liability Except as provided in paragraph (6), the issuance of a Good Samaritan discharge permit to a permittee relieves the permittee, and any cooperating person, of each obligation and liability under this Act. (6) Failure to comply If a permittee, or any cooperating person fails to comply with any condition or limitation of the permit, the permittee, or cooperating person, shall be subject to liability only under section 309. (7) Termination of permit (A) In general A permitting authority shall terminate a Good Samaritan discharge permit if— (i) the permittee successfully completes the implementation of the remediation plan; or (ii) (I) any discharge covered by the Good Samaritan discharge permit becomes subject to a permit issued for other development that is not part of the implementation of the remediation plan; (II) the permittee seeking termination of coverage, and any cooperating person with respect to the remediation plan of the permittee, is not a participant in the development; and (III) the permitting authority, upon request of the permittee, agrees that the permit should be terminated. (B) Unforseen circumstances (i) In general Except as provided in clause (ii), the permitting authority, in cooperation with the permittee, shall seek to modify a Good Samaritan discharge permit to take into account any event or condition encountered by the permittee if the event or condition encountered by the permittee— (I) significantly reduces the feasibility, or significantly increases the cost, of completing the remediation project that is the subject of the Good Samaritan discharge permit; (II) was not— (aa) contemplated by the permittee; or (bb) taken into account in the remediation plan of the permittee; and (III) is beyond the control of the permittee, as determined by the permitting authority. (ii) Exception If a permittee described in clause (i) does not agree to a modification of the Good Samaritan discharge permit of the permittee, or the permitting authority determines that remediation activities conducted by the permittee pursuant to the permit have resulted or will result in surface water quality conditions that, taken as a whole, are or will be worse than the baseline water conditions described in paragraph (3)(B)(ii)(I), the permitting authority shall terminate the permit. (C) No enforcement liability (i) Discharges Subject to clause (ii), and except as provided in clause (iii), the permittee of a permit, or a cooperating person with respect to the remediation plan of the permittee, shall not be subject to enforcement under any provision of this Act for liability for any past, present, or future discharges at or from the abandoned or inactive mining site that is the subject of the permit. (ii) Other parties Clause (i) does not limit the liability of any person that is not described in clause (i). (iii) Violation of permit prior to termination The discharge of liability for a permittee of a permit, or a cooperating person with respect to the remediation plan of the permittee, under clause (i) shall not apply with respect to any violation of the permit that occurs before the date on which the permit is terminated. (8) Limitations (A) Emergency powers Nothing in this subsection limits the authority of the Administrator to exercise any emergency power under section 504 with respect to persons other than a permittee and any cooperating persons. (B) Prior violations (i) Actions and relief Except as provided in clause (ii), with respect to a violation of this subsection or section 301(a) committed by any person prior to the issuance of a Good Samaritan discharge permit under this subsection, the issuance of the Good Samaritan discharge permit does not preclude any enforcement action under section 309. (ii) Exceptions (I) Scope of permit If a Good Samaritan discharge permit covers remediation activities carried out by the permittee on a date before the issuance of the Good Samaritan discharge permit, clause (i) shall not apply to any action that is based on any condition that results from the remediation activities. (II) Other parties A permittee shall not be subject to any action under sections 309 or 505 for any violation committed by any other party. (C) Obligations of States and indian tribes Except as otherwise provided in this section, nothing in this subsection limits any obligation of a State or Indian tribe described in section 303. (D) Other development (i) In general Any development of an inactive or abandoned mine site (including any activity relating to mineral exploration, processing, beneficiation, or mining), including development by a permittee or any cooperating person, not authorized in a permit issued by the permitting authority under this subsection shall be subject to this Act. (ii) Commingling of discharges The commingling of any other discharge or water with any discharge or water subject to a Good Samaritan discharge permit issued under this subsection shall not limit or reduce the liability of any person associated with the water or discharge that is not subject to the Good Samaritan discharge permit. (E) Recoverable value A Good Samaritan to whom a permit is issued may sell or use materials recovered during the implementation of the plan only if the proceeds of any such sale are used to defray the costs of— (i) remediation of the site addressed in the permit; or (ii) voluntary remediation of any other inactive or abandoned mine site covered by a permit issued under this section. (F) State certification (i) In general Except as provided in clause (ii), to the extent that this subsection relates to water quality standards, certification under section 401 shall not apply to any Good Samaritan discharge permit issued under this subsection. (ii) Exception In any case in which certification under section 401 would otherwise be required, no Good Samaritan discharge permit shall be issued by a permitting authority under this subsection without the concurrence of— (I) the State in which the site of the discharge is located; or (II) the Indian tribe that owns or has jurisdiction over the site on which a remediation project is proposed. (G) State and tribal reclamation programs No State, Indian tribe, or other person shall be required to obtain a Good Samaritan discharge permit pursuant to this subsection for any discharge, including any discharge associated with the remediation of an inactive or abandoned mine site with respect to the conduct of reclamation work under a State or tribal abandoned mine reclamation plan approved under title IV of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231 et seq.). (9) Liability of other parties Nothing in this subsection (including any result caused by any action taken by a permittee or a cooperating person) limits the liability of any person other than a permittee or a cooperating person under this Act or any other law. (10) Regulations (A) In general Subject to subparagraph (B), not later than 1 year after the date of enactment of this subsection, after providing for public notice and an opportunity to comment and a public hearing, the Administrator, in consultation with the Secretary of the Interior and the Secretary of Agriculture, and appropriate State, tribal, and local officials, shall promulgate regulations to establish— (i) generally applicable requirements for remediation plans described in paragraph (3)(B); and (ii) any other requirement that the Administrator determines to be necessary. (B) Specific requirements before promulgation of regulations Before the date on which the Administrator promulgates regulations under subparagraph (A), a permitting authority may establish, on a case-by-case basis, specific requirements that the permitting authority determines would facilitate the implementation of this subsection with respect to a Good Samaritan discharge permit issued to a permittee. (11) Funding (A) Eligibility for Section 319 grants A permittee shall be eligible to apply for a grant under section 319(h). (B) Grants Subject to the availability of appropriated funds, the Administrator may award to any permittee a grant to assist the permittee in implementing a remediation plan with respect to a Good Samaritan discharge permit of the permittee. (12) Report to Congress (A) In general Not later than 1 year before the date of termination of the authority of the permitting authority under paragraph (13), the Administrator shall submit to Congress a report describing the activities authorized by this subsection. (B) Contents The report required under subparagraph (A) shall contain, at a minimum— (i) a description of— (I) each Good Samaritan discharge permit issued under this subsection; (II) each permittee; (III) each inactive or abandoned mine site addressed by a Good Samaritan discharge permit issued under this subsection (including each body of water and the baseline water quality of each body of water affected by each inactive or abandoned mine site); (IV) the status of the implementation of each remediation plan associated with each Good Samaritan discharge permit issued under this subsection (including specific progress that each remediation activity conducted by a permittee pursuant to each Good Samaritan discharge permit has made toward achieving the goals and objectives of the remediation plan); and (V) each enforcement action taken by the Administrator or applicable State or Indian tribe concerning a Good Samaritan discharge permit issued under this subsection (including the disposition of the action); (ii) a summary of each remediation plan associated with a Good Samaritan discharge permit issued under this subsection, including— (I) the goals and objectives of the remediation plan; (II) the budget of the activities conducted pursuant to the remediation plan; and (III) the practices to be employed by each permittee in accordance with the remediation plan of the permittee to reduce, control, mitigate, or eliminate adverse impacts to the quality of applicable bodies of water; and (iii) any recommendations that may be proposed by the Administrator to modify any law (including this subsection and any regulation promulgated under paragraph (10)) to facilitate the improvement of water quality through the remediation of inactive or abandoned mine sites. (13) Termination of authority The authority granted to the permitting authority under this subsection to issue Good Samaritan discharge permits terminates on the date that is 10 years after the date of enactment of this subsection. (14) Severability If any provision of this subsection, or the application of any provision of this subsection to any person or circumstance, is held invalid, the application of such provision to other persons or circumstances, and the remainder of this subsection, shall not be affected thereby. .
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113-hr-5061
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I 113th CONGRESS 2d Session H. R. 5061 IN THE HOUSE OF REPRESENTATIVES July 10, 2014 Mr. Miller of Florida introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Federal Credit Union Act to exclude extensions of credit made to veterans from the definition of a member business loan.
1. Member business loan definition (a) In general Section 107A(c) of the Federal Credit Union Act ( 12 U.S.C. 1757a(c) ) is amended— (1) in paragraph (1)(B)— (A) in clause (iv), by striking or at the end; (B) in clause (v), by striking the period and inserting ; or ; and (C) by adding at the end the following: (vi) made to a veteran; ; (2) in paragraph (2), by striking and at the end; (3) in paragraph (3), by striking the period and inserting ; and ; and (4) by adding at the end the following: (4) the term veteran has the meaning given such term under section 101 of title 38, United States Code. . (b) Effective date The amendments made by subsection (a) shall take effect after the end of the 6-month period beginning on the date of the enactment of this Act.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5061ih/xml/BILLS-113hr5061ih.xml
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113-hr-5062
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I 113th CONGRESS 2d Session H. R. 5062 IN THE HOUSE OF REPRESENTATIVES July 10, 2014 Mr. Perlmutter (for himself and Mr. Barr ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Consumer Financial Protection Act of 2010 to specify that privilege is maintained when information is shared by certain nondepository covered persons with Federal and State financial regulators, and for other purposes.
1. Short title This Act may be cited as the Examination and Supervisory Privilege Parity Act of 2014 . 2. Privilege of information shared by certain nondepository covered persons Section 1024(b)(3) of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5514(b)(3) ) is amended— (1) by striking regulators and the State bank regulatory authorities and inserting regulators, the State bank regulatory authorities, and the State agencies that licence, supervise, or examine the offering of consumer financial products or services ; and (2) by adding at the end the following: The sharing of information with such regulators, authorities, and agencies shall not be construed as waiving, destroying, or otherwise affecting any privilege such person may claim with respect to such information under Federal or State law as to any person or entity other than such Bureau, agency, supervisor, or authority. .
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https://www.govinfo.gov/content/pkg/BILLS-113hr5062ih/xml/BILLS-113hr5062ih.xml
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113-hr-5063
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I 113th CONGRESS 2d Session H. R. 5063 IN THE HOUSE OF REPRESENTATIVES July 10, 2014 Mr. Posey (for himself and Mr. Kilmer ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To promote the development of a commercial asteroid resources industry for outer space in the United States and to increase the exploration and utilization of asteroid resources in outer space.
1. Short title This Act may be cited as the American Space Technology for Exploring Resource Opportunities In Deep Space Act or the ASTEROIDS Act . 2. Title 51 amendment (a) In general Subtitle V of title 51, United States Code, is amended by adding at the end the following new chapter: 513 Asteroid resource exploration and utilization Sec. 51301. Commercialization of asteroid resource exploration and utilization in outer space. 51302. Legal framework. 51303. Definitions. 51301. Commercialization of asteroid resource exploration and utilization in outer space The President, through the Administration, the Federal Aviation Administration, and other appropriate Federal agencies, shall— (1) facilitate the commercial exploration and utilization of asteroid resources to meet national needs; (2) discourage government barriers to the development of economically viable, safe, and stable industries for the exploration and utilization of asteroid resources in outer space in manners consistent with the existing international obligations of the United States; (3) promote the right of United States commercial entities to explore and utilize resources from asteroids in outer space, in accordance with the existing international obligations of the United States, free from harmful interference, and to transfer or sell such resources; and (4) develop the frameworks necessary to meet the international obligations of the United States. 51302. Legal framework (a) Property rights Any resources obtained in outer space from an asteroid are the property of the entity that obtained such resources, which shall be entitled to all property rights thereto, consistent with applicable provisions of Federal law. (b) Freedom from harmful interference As between any entities over which the United States can exercise jurisdiction, any assertion of superior right to execute specific commercial asteroid resource utilization activities in outer space shall prevail if it is found to be first in time, derived upon a reasonable basis, and in accordance with all existing international obligations of the United States. (c) Safety of operations A United States commercial asteroid resource utilization entity shall avoid harmful interference to other spacecraft. (d) Relief from harmful interference A United States commercial asteroid resource utilization entity may bring an action for appropriate legal or equitable relief, or both, under this chapter for any action, by another private entity, compromising the right to conduct its operations free of harmful interference. (e) Exclusive jurisdiction The district courts of the United States shall have exclusive jurisdiction of an action under this chapter without regard to the amount in controversy. 51303. Definitions For the purposes of this chapter: (1) State The term State means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other commonwealth, territory, or possession of the United States. (2) United states commercial asteroid resource utilization entity The term United States commercial asteroid resource utilization entity means a person or company providing asteroid exploration or utilization services, the control of which is held by persons other than a Federal, State, local, or foreign government, that is— (A) duly organized under the laws of a State; (B) subject to the subject matter and personal jurisdiction of the courts of the United States; or (C) a foreign entity that has voluntarily submitted to the subject matter and personal jurisdiction of the courts of the United States. . (b) Clerical amendment The table of chapters for title 51, United States Code, is amended by adding at the end of the items for subtitle V the following: 513. Asteroid resource exploration and utilization 51301 .
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113-hr-5064
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I 113th CONGRESS 2d Session H. R. 5064 IN THE HOUSE OF REPRESENTATIVES July 10, 2014 Mr. Latham (for himself, Mr. Cuellar , Mr. Collins of New York , Mr. Hall , Mr. Wilson of South Carolina , Mr. Burgess , and Mr. Rice of South Carolina ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To require government-wide application of continuous process improvement methods to reduce waste and improve the effectiveness of the Federal Government, and for other purposes.
1. Short title This Act may be cited as the Lean and Responsive Government Act . 2. Findings; policy (a) Findings The Congress finds the following: (1) Nearly 100 major United States corporations, countless small businesses, and many government entities around the world have reduced waste in their operations and improved the quality of the goods and services they provide by implementing continuous process improvement methodologies, most commonly lean six sigma. (2) Use of this methodology has resulted in average cost reductions greater than 25 percent while also improving the quality of goods and services. (3) The use of continuous process improvement lean six sigma within the Department of Defense and several other departments and agencies has demonstrated that it can successfully be applied across the Federal Government. (4) Continuous process improvement is essential for Federal agencies to be successful in setting and meeting performance goals and is a key component that is missing from current statutory requirements for performance improvement efforts. (5) Clear direction and authority from Congress is needed to ensure this innovative management process from the private sector is applied across the Federal Government to achieve waste reduction and optimal efficiency. (b) Congressional statement of policy It shall be the policy of the United States— (1) to reduce waste and improve the effectiveness of the Federal Government through the use of continuous process improvement methods; (2) to require each Federal agency to implement the necessary capabilities to fully institutionalize such methods within such agency to reduce waste while maintaining or improving the level of services provided by the Federal Government; and (3) that the savings from such methods may be used to justify agency funding requests. 3. Continuous process improvement (a) Continuous process improvement defined Section 1101 of title 31, United States Code, is amended by adding at the end the following new paragraph: (3) continuous process improvement means a management methodology (commonly referred to as lean six sigma) that combines tools to improve process speed, reduce waste, and incorporate requirements with data driven project analysis to provide products and services with improved quality at lower cost. . (b) Agency performance reporting Subsection (c) of section 1116 of such title is amended— (1) in paragraph (6)(E), by striking ; and and inserting a semicolon; (2) in paragraph (7), by striking the period and inserting ; and ; and (3) by inserting at the end the following new paragraph: (8) describe the implementation of continuous process improvement, including information on each of the following: (A) The extent to which employees have received continuous process improvement training appropriate to the position of such employee, and its relation to the deployment goals in a typical application of continuous process improvement. (B) A description of the application of continuous process improvement in cost-reduction projects, including any performance or quality improvements and cost savings realized as a result of such application. . (c) Implementation results Subsection (c) of section 1122 of such title is amended— (1) in paragraph (8), by striking ; and and inserting a semicolon; (2) in paragraph (9), by striking the period and inserting ; and ; and (3) by adding at the end the following new paragraph: (10) a description of the results of the government-wide implementation of continuous process improvement. . (d) Chief Operating Officer requirement Subsection (b) of section 1123 of such title is amended— (1) in paragraph (3), by striking ; and and inserting a semicolon; (2) in paragraph (4), by striking the period and inserting ; and ; and (3) by inserting at the end the following new paragraph: (5) implement continuous process improvement within the agency. . (e) Performance Improvement Officer requirement Paragraph (2) of section 1124(a) of such title is amended— (1) in subparagraph (E), by striking ; and and inserting a semicolon; (2) in subparagraph (F), by striking the period and inserting ; and ; and (3) by inserting at the end the following new subparagraph: (G) advise and assist the head of the agency and the Chief Operating Officer on implementing the continuous process improvement within the agency. . (f) Performance Improvement Council Subsection (b) of section 1124 of such title is amended— (1) in paragraph (1)— (A) by redesignating subparagraphs (C) and (D) as (D) and (E), respectively; and (B) by inserting after subparagraph (B), the following new subparagraph: (C) an appropriate expert designated by the Director of the Office of Management and Budget pursuant to paragraph (4); ; and (2) by adding at the end the following new paragraph: (4) Designation of expert on continuous process improvement The Director of the Office of Management and Budget shall appoint a highly-qualified expert on continuous process improvement to serve as a member of the Performance Improvement Council to advise on the implementation of continuous process improvement across agencies. . 4. Center of excellence for continuous process improvement (a) In general Chapter 11 of title 31, United States Code, is amended by adding at the end the following new section: 1126. Center of excellence for continuous process improvement (a) In general The Director of the Office of Management and Budget shall designate a center of excellence for continuous process improvement training, from within the Department of Defense. (b) Functions The Director shall ensure that the center designated under subsection (a) provides agencies with a common set of approaches to training and deployment of continuous process improvement. . (b) Designation The Director of the Office of Management and Budget shall designate the center of excellence required under section 1126(a) of title 31, United States Code, as added by subsection (a), not later than 90 days after the date of the enactment of this Act. (c) Technical and conforming amendment The table of contents for chapter 11 of title 31, United States Code, is amended by inserting after the item relating to section 1125 the following new item: 1126. Center of excellence for continuous process improvement. . 5. Preparation and submission of appropriations requests to the President Paragraph (1) of section 1108(b) of title 31, United States Code, is amended by adding at the end the following: The head of each agency shall include information on the results of continuous process improvement projects in each relevant appropriation request for the agency. The head of an agency may submit a proposal on alternate uses of the funds that have not been used as a result of continuous process improvement projects. . 6. Effective date Except as otherwise expressly provided under this Act, this Act and the amendments made by this Act shall take effect 6 months after the date of the enactment of this Act.
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113-hr-5065
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I 113th CONGRESS 2d Session H. R. 5065 IN THE HOUSE OF REPRESENTATIVES July 10, 2014 Mr. Cartwright (for himself, Mr. Connolly , Mr. Grijalva , Mr. Honda , Ms. Lee of California , Mr. Lowenthal , Mr. Moran , Ms. Norton , Mr. Pocan , Mr. Huffman , Mr. Walz , and Mr. Murphy of Florida ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To establish an integrated Federal program to respond to ongoing and expected impacts of extreme weather and climate change by protecting, restoring, and conserving the natural resources of the United States, and to maximize government efficiency and reduce costs, in cooperation with State, local, and tribal governments and other entities.
1. Short title This Act may be cited as the Safeguarding America’s Future and Environment Act or the SAFE Act . 2. Findings, purposes, and policy (a) Findings Congress finds that— (1) natural resources provide significant benefits to the people and economy of the United States, including— (A) abundant clean water supplies; (B) flood and coastal storm protection; (C) clean air; (D) a source for food, fiber, medicines, and pollination of the crops and other plants of the United States; (E) outdoor recreation, which is a source of jobs and economic stimulus; (F) hunting and fishing opportunities and support of subsistence communities; (G) scientific research and education; and (H) world-class tourism destinations that support local economies; (2) the United States Geological Survey, National Oceanic and Atmospheric Administration, National Aeronautics and Space Administration, and other agencies within the United States Global Change Research Program have observed that the natural resources of the United States are facing increasing impacts from extreme weather and climate change, including— (A) more frequent and severe droughts and heatwaves; (B) more frequent and severe storms and floods; (C) more frequent and severe wildfires; (D) more frequent and severe outbreaks of forest pests and invasive species; (E) flooding and erosion of coastal areas due to rising sea levels; (F) melting glaciers and sea ice; (G) thawing permafrost; (H) shifting fish, wildlife, and plant population ranges; (I) disruptive shifts in the timing of fish, wildlife, and plant natural history cycles, such as blooming, breeding, and seasonal migrations; and (J) ocean acidification; and (3) the Federal Government should provide leadership in preparing for and responding to the impacts described in paragraph (2) to ensure that present and future generations continue to receive the benefits of the abundant and diverse natural resources of the United States. (b) Purposes The purpose of this Act is to establish an integrated Federal program— (1) to respond to ongoing and expected impacts of extreme weather and climate change by protecting, restoring, and conserving the natural resources of the United States; and (2) to maximize government efficiency and reduce costs, in cooperation with State, local, and tribal governments and other entities. (c) Natural resources climate change adaptation policy It is the policy of the Federal Government, in cooperation with State and local governments, Indian tribes, and other interested stakeholders to evaluate and reduce the increased risks and vulnerabilities associated with future extreme weather events and other climate impacts in carrying out the respective missions of those entities and to use all practicable means to protect, restore, and conserve natural resources so that natural resources— (1) become more resilient, adapt to, and withstand the ongoing and expected impacts of extreme weather and climate change; and (2) can continue safeguarding the communities in, and sustaining the economy of, the United States. 3. Definitions In this Act: (1) Board The term Board means the Science Advisory Board established under section 6(b)(1). (2) Center The term Center means the National Climate Change and Wildlife Science Center established under section 6(a)(1). (3) Corridors The term corridors means areas that— (A) provide connectivity, over different time scales, of landscapes, habitats or potential habitats, and ecological processes; and (B) facilitate terrestrial, marine, estuarine, and freshwater fish, wildlife, or plant movement that is necessary— (i) for migration, gene flow, or dispersal; or (ii) to respond to the ongoing and expected impacts of climate change (including, where applicable, ocean acidification, drought, flooding, and wildfire). (4) Ecological processes The term ecological processes means biological, chemical, or physical interaction between the biotic and abiotic components of an ecosystem, including— (A) nutrient cycling; (B) pollination; (C) predator-prey relationships; (D) soil formation; (E) gene flow; (F) disease epizootiology; (G) larval dispersal and settlement; (H) hydrological cycling; (I) decomposition; and (J) disturbance regimes, such as fire and flooding. (5) Habitat The term habitat means the physical, chemical, and biological properties that fish, wildlife, or plants use for growth, reproduction, survival, food, water, or cover (whether on land, in water, or in an area or region). (6) Indian tribe The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). (7) Natural resources The term natural resources means land, wildlife, fish, air, water, plants, habitats, and ecosystems of the United States. (8) Natural resources adaptation The term natural resources adaptation means the protection, restoration, and conservation of natural resources so that natural resources become more resilient, adapt to, and withstand the ongoing and expected impacts of extreme weather and climate change (including, where applicable, ocean acidification, drought, flooding, and wildfire). (9) Panel The term Panel means the Natural Resources Climate Change Adaptation Panel established under section 4(a). (10) Resilience; resilient The terms resilience and resilient , with respect to a natural resource, mean the ability of the natural resource to recover from disturbance. (11) State The term State means— (A) a State of the United States; (B) the District of Columbia; (C) American Samoa; (D) Guam; (E) the Commonwealth of the Northern Mariana Islands; (F) the Commonwealth of Puerto Rico; and (G) the United States Virgin Islands. (12) Strategy The term Strategy means the National Fish, Wildlife, and Plants Climate Adaptation Strategy released March 26, 2013. 4. Natural resources climate change adaptation panel (a) Establishment Not later than 90 days after the date of enactment of this Act, the President shall establish a Natural Resources Climate Change Adaptation Panel composed of the heads of Federal agencies or departments with jurisdiction over natural resources of the United States and State and tribal representatives, including— (1) the Administrator of the National Oceanic and Atmospheric Administration; (2) the Chief of the Forest Service; (3) the Director of the National Park Service; (4) the Director of the United States Fish and Wildlife Service; (5) the Director of the Bureau of Land Management; (6) the Director of the United States Geological Survey; (7) the Commissioner of Reclamation; (8) the Director of the Bureau of Indian Affairs; (9) the Administrator of the Environmental Protection Agency; (10) the Chief of Engineers; (11) the Chair of the Council on Environmental Quality, who shall serve as Chairperson of the Panel; (12) the Administrator of the Federal Emergency Management Agency; (13) State representatives from each regional association of State fish and wildlife agencies; and (14) not less than 2 tribal representatives. (b) Duties The Panel shall serve as a forum for interagency consultation on, and the coordination of, the development and implementation of the Strategy. 5. National fish, wildlife, and plants climate adaptation strategy (a) In general The Panel shall adopt the Strategy to protect, restore, and conserve natural resources so that natural resources become more resilient, adapt to, and withstand the ongoing and expected impacts of extreme weather and climate change. (b) Review and revision Beginning in fiscal year 2017, and every 4 years thereafter, the Panel shall review and revise the Strategy to incorporate— (1) new information regarding the ongoing and expected impacts of climate change on natural resources; and (2) new advances in the development of natural resources adaptation strategies. (c) Requirements In revising the Strategy, the Panel shall— (1) use the best available science; and (2) provide public notice and opportunity for comment from all interested stakeholders. (d) Contents A revised Strategy shall— (1) assess the vulnerability of natural resources to climate change, including short-term, medium-term, long-term, cumulative, and synergistic impacts; (2) describe current, observation, and monitoring activities at the Federal, State, tribal, and local levels relating to the ongoing and expected impacts of climate change on natural resources; (3) identify and prioritize research and data needs; (4) identify natural resources likely to have the greatest need for protection, restoration, and conservation due to the ongoing and expanding impacts of extreme weather and climate change; (5) include specific protocols for integrating natural resources adaptation strategies and activities into the conservation and management of natural resources by Federal agencies to ensure consistency across agency jurisdictions; (6) identify opportunities for maintaining, restoring, or enhancing natural resources to reduce the risks of extreme weather and climate change on other vulnerable sectors of society; (7) identify Federal policies and actions that may reduce resilience and increase the vulnerability of natural resources to extreme weather and climate change; (8) include specific actions that Federal agencies shall take to protect, conserve, and restore natural resources to become more resilient, adapt to, and withstand the ongoing and expected impacts of climate change, including a timeline to implement those actions; (9) include specific mechanisms for ensuring communication and coordination— (A) among Federal agencies; and (B) between Federal agencies and State natural resource agencies, territories of the United States, Indian tribes, private landowners, conservation organizations, and other countries that share jurisdiction over natural resources with the United States; (10) include specific actions to develop and implement coordinated natural resources inventory and monitoring protocols through interagency coordination and collaboration with States and local governments, Indian tribes, and private organizations; and (11) include procedures for guiding the development of detailed agency-specific adaptation plans required under section 7. (e) Implementation (1) In general Consistent with other laws and Federal trust responsibilities concerning Indian land, each Federal agency represented on the Panel shall integrate the elements of the Strategy that relate to conservation, restoration, and management of natural resources into agency plans, environmental reviews, and programs. (2) Public report Each Federal agency represented on the Panel shall, on an annual basis, make available to the public a report documenting the actions of the agency in implementing the Strategy. (3) Coordination The Panel shall coordinate the implementation of the Strategy with non-Panel Federal agencies to achieve the national policy described in section 2(c). 6. Natural resources adaptation science and information (a) National climate change and wildlife science center (1) Establishment The Secretary of the Interior, in collaboration with the States, Indian tribes, and other partner organizations, shall establish a National Climate Change and Wildlife Science Center within the United States Geological Survey. (2) Duties of center The Center shall assess and develop scientific information, tools, strategies, and techniques to be used by the Panel, Federal and State agencies, and other interested parties in addressing the impacts of extreme weather and climate change on natural resources. (3) General authority to enter into contracts, grants, and cooperative agreements The Secretary may enter into contracts, grants, or cooperative agreements, for periods not to exceed 5 years, with State agencies, State cooperative extension services, institutions of higher education, other research or educational institutions and organizations, Federal and private agencies and organizations, individuals, and any other contractor or recipient, to further the duties under paragraph (2) without regard to— (A) any requirements for competition; (B) section 6101 of title 41, United States Code; or (C) subsections (a) and (b) of section 3324 of title 31, United States Code. (b) Science advisory board (1) In general Not later than 180 days after the date of enactment of this Act, the Secretary of Commerce and the Secretary of the Interior shall establish and appoint the members of a Science Advisory Board. (2) Membership The Board shall be comprised of not fewer than 10 and not more than 20 members— (A) who have expertise in biology (including fish, wildlife, plant, aquatic, coastal, and marine biology), ecology, climate change (including, where applicable, ocean acidification, drought, flooding, and wildfire), and other relevant scientific disciplines; (B) who are scientists that represent a balanced membership among Federal, State, tribal, and local representatives, institutions of higher education, and other interested parties; and (C) of whom at least 1/2 shall be recommended by the President of the National Academy of Sciences. (3) Duties The Board shall— (A) advise the Panel on the state of the science regarding— (i) the ongoing and expected impacts of extreme weather and climate change on natural resources; and (ii) scientific strategies and mechanisms for natural resources adaptation; (B) identify and recommend priorities for ongoing research needs on the issues described in subparagraph (A) to inform the research priorities of the Center described in subsection (a) and other Federal climate science institutions; and (C) review and comment on each revised Strategy before that Strategy is finalized. (4) Collaboration The Board shall collaborate with climate change and ecosystem research entities in other Federal agencies and departments. (5) Availability to public The advice and recommendations of the Board shall be made available to the public. 7. Federal natural resource agency adaptation plans (a) Development Not later than 1 year after the date of enactment of this Act and not later than 1 year after the date of each revision of the Strategy, each Federal agency with representation on the Panel shall— (1) complete a natural resources adaptation plan for that Federal agency that is consistent with the revised Strategy; (2) detail the ongoing and expanding proposed actions of the Federal agency, and any changes in decisionmaking processes necessary to increase the ability of resources under the jurisdiction of the agency; (3) provide opportunities for public review and comment on the plan; (4) coordinate with the plan of each other Federal agency with representation on the Panel; and (5) submit the plan to the President for approval. (b) Requirements Each adaptation plan shall— (1) identify and prioritize specific conservation strategies and actions that address the ongoing and expected impacts of extreme weather and climate change on natural resources under the jurisdiction of the department or agency preparing the plan, including— (A) protection, restoration, and conservation of natural resources to become more resilient, adapt to, and better withstand the impacts of extreme weather and climate change; and (B) protection of habitats and ecosystems, the diversity of native fish, wildlife, and plant populations, and wildlife corridors, including— (i) protection, restoration, and conservation of terrestrial, marine, estuarine, and freshwater habitats and ecosystems; (ii) establishment of terrestrial, marine, estuarine, and freshwater corridors; (iii) restoration and conservation of ecological processes; (iv) protection of a broad diversity of native species of fish, wildlife, and plant populations across the ranges of those species; and (v) protection of fish, wildlife, and plant health, recognizing that climate can alter the distribution and ecology of parasites, pathogens, and vectors; (2) describe how the agency will— (A) integrate the strategies and conservation activities into plans, programs, activities, and actions of the agency relating to the conservation and management of natural resources; (B) establish new plans, programs, activities, and actions, if necessary; (C) maintain or restore corridors; and (D) minimize the impacts of energy, development, water, transportation, and transmission projects and other activities on wildlife and wildlife habitat; (3) establish methods— (A) to assess the effectiveness of strategies and conservation actions the agency takes to protect, restore, and conserve natural resources so natural resources become more resilient, adapt to, and withstand the ongoing and expected impacts of climate change; and (B) to update those strategies and actions to respond to new information and changing conditions; (4) describe current and proposed mechanisms to enhance cooperation and coordination of natural resources adaptation efforts with other Federal agencies, State and local governments, Indian tribes, and nongovernmental stakeholders; (5) include written guidance to resource managers; and (6) identify and assess data and information gaps necessary to develop natural resources adaptation plans and strategies. (c) Implementation (1) In general On approval by the President, each Federal agency with representation on the Panel shall, consistent with existing authority, implement the adaptation plan of the agency through existing and new plans, policies, programs, activities, and actions. (2) Consideration of impacts To the maximum extent practicable and consistent with existing authority, natural resource management decisions made by each Federal agency with representation on the Panel shall— (A) consider the ongoing and expected impacts of extreme weather and climate change on natural resources; and (B) select alternatives that will avoid and minimize those impacts and promote resilience. (d) Revision and review Not later than 4 years after the date of implementation of the adaptation plan of a Federal agency, and every 4 years thereafter, the Federal agency shall review and revise the adaptation plan to incorporate the best available science, including advice and information pursuant to section 6 and other information, regarding the ongoing and expected impacts of climate change on natural resources. 8. State natural resources adaptation plans (a) Requirement To be eligible to receive funds pursuant to subsection (d), not later than 1 year after the date of enactment of this Act and not later than 1 year after the date of each revision of the Strategy, each State shall prepare and submit to the Secretary of the Interior and, as applicable, the Secretary of Commerce, a State natural resources adaptation plan detailing current and future efforts of the State to address the ongoing and expected impacts of climate change on natural resources and coastal areas within the jurisdiction of the State. (b) Review or approval The Secretary of the Interior and, as applicable, the Secretary of Commerce shall— (1) review each State adaptation plan; and (2) approve a State adaptation plan if the plan— (A) meets the requirements of subsection (c); and (B) is consistent with the Strategy. (c) Contents A State adaptation plan shall— (1) meet the requirements described in section 7(b); (2) include the adaptation provisions of any State comprehensive wildlife conservation strategy (or State wildlife action plan) that has been— (A) submitted to the United States Fish and Wildlife Service; and (B) approved, or is pending approval, by the United States Fish and Wildlife Service; (3) include the adaptation provisions of a statewide assessment and strategy for forest resources required under section 2A of the Cooperative Forestry Assistance Act of 1978 ( 16 U.S.C. 2101a ) that has been— (A) submitted to the Secretary of Agriculture; and (B) approved, or is pending approval, by the Secretary of Agriculture; and (4) include the adaptation provisions of a Coastal Zone Management Plan or a Coastal and Estuarine Land Conservation Program Plan that has been— (A) submitted to the National Oceanic and Atmospheric Administration; and (B) approved, or is pending approval, by the National Oceanic and Atmospheric Administration. (d) Distribution of funds to States Any funds made available pursuant to this Act shall be— (1) used to carry out natural resources adaptation activities in accordance with adaptation plans approved under this section; and (2) made available through— (A) the State and tribal wildlife grant program under title I of division F of the Consolidated Appropriations Act, 2008 ( Public Law 110–161 ; 121 Stat. 2103); and (B) (i) the grant program under section 306 of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1455 ); and (ii) the Coastal and Estuarine Land Conservation Program established under title II of the Department of Commerce and Related Agencies Appropriations Act, 2002 ( 16 U.S.C. 1456d ). (e) Public input In developing an adaptation plan, a State shall solicit and consider input from the public and independent scientists. (f) Coordination with other plans A State adaptation plan shall, where appropriate, integrate the goals and measures set forth in other natural resources conservation strategies and plans. (g) Updates Each State adaptation plan shall be updated at least every 4 years. 9. Authorization of appropriations There are authorized to be appropriated to carry out this Act such sums as are necessary.
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113-hr-5066
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I 113th CONGRESS 2d Session H. R. 5066 IN THE HOUSE OF REPRESENTATIVES July 10, 2014 Mr. Benishek introduced the following bill; which was referred to the Committee on Natural Resources A BILL To reauthorize the National Geological and Geophysical Data Preservation Program Act of 2005 through 2019.
1. Short title This Act may be cited as the Data Preservation Act of 2014 . 2. Reauthorization of National Geological and Geophysical Data Preservation Program Act of 2005 The National Geological and Geophysical Data Preservation Program Act of 2005 ( 42 U.S.C. 15908 ) is amended in subsection (k) by striking 2006 through 2010 and inserting 2015 through 2019 .
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https://www.govinfo.gov/content/pkg/BILLS-113hr5066ih/xml/BILLS-113hr5066ih.xml
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113-hr-5067
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I 113th CONGRESS 2d Session H. R. 5067 IN THE HOUSE OF REPRESENTATIVES July 10, 2014 Mr. Clay introduced the following bill; which was referred to the Committee on Financial Services A BILL To require the Federal Insurance Office to carry out a study on illegal steering and redlining in the insurance industry.
1. Study on insurance steering and redlining (a) Study The Director of the Federal Insurance Office shall carry out a study to determine whether the insurance industry is engaging in the illegal practices of insurance steering or redlining. In carrying out such study, the Director shall investigate insurance products, pricing, promotions, and placement of services being offered to consumers in the United States. (b) Report Not later than the end of the 180-day period beginning on the date of the enactment of this Act, the Director shall issue a report to the Congress containing— (1) all findings and determinations made in carrying out the study required under subsection (a); and (2) any legislative recommendations the Director may determine appropriate.
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113-hr-5068
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I 113th CONGRESS 2d Session H. R. 5068 IN THE HOUSE OF REPRESENTATIVES July 10, 2014 Mr. Clay introduced the following bill; which was referred to the Committee on Natural Resources A BILL To require the Secretary of the Interior to conduct a special resource study regarding the proposed United States Civil Rights Trail, and for other purposes.
1. Short title This Act may be cited as the United States Civil Rights Trail Special Resource Study Act of 2013 . 2. Special resource study regarding proposed United States Civil Rights Trail (a) Study Required The Secretary of the Interior shall conduct a special resource study for the purpose of evaluating a range of alternatives for protecting and interpreting sites associated with the struggle for civil rights in the United States, including alternatives for potential addition of some or all of the sites to the National Trails System. (b) Consultation The Secretary shall conduct the special resource study in consultation with appropriate Federal, State, county, and local governmental entities. (c) Study requirements The Secretary shall conduct the study required under subsection (a) in accordance with section 8(c) of Public Law 91–383 ( 16 U.S.C. 1a–5(c) ) and section 5(b) of the National Trails System Act ( 16 U.S.C. 1244(b) ), as appropriate. (d) Study Objectives In conducting the special resource study, the Secretary shall evaluate alternatives for achieving the following objectives: (1) Identifying the resources and historic themes associated with the movement to secure racial equality in the United States for African Americans that, focusing on the period from 1954 through 1968, challenged the practice of racial segregation in the Nation and achieved equal rights for all American citizens. (2) Making a review of existing studies and reports, such as the Civil Rights Framework Study, to complement and not duplicate other studies of the historical importance of the civil rights movements that may be underway or undertaken. (3) Establishing connections with agencies, organizations, and partnerships already engaged in the preservation and interpretation of various trails and sites dealing with the civil rights movement. (4) Protecting historically significant landscapes, districts, sites, and structures. (5) Identifying alternatives for preservation and interpretation of the sites by the National Park Service, other Federal, State, or local governmental entities, or private and nonprofit organizations, including the potential inclusion of some or all of the sites in a National Civil Rights Trail. (6) Identifying cost estimates for any necessary acquisition, development, interpretation, operation, and maintenance associated with the alternatives developed under the special resource study. (e) 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 the results of the study conducted under subsection (c) and any recommendations of the Secretary with respect to the route.
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113-hr-5069
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I 113th CONGRESS 2d Session H. R. 5069 IN THE HOUSE OF REPRESENTATIVES July 10, 2014 Mr. Fleming (for himself, Mr. Kind , Mr. Wittman , and Mr. Smith of Missouri ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Migratory Bird Hunting and Conservation Stamp Act to increase in the price of Migratory Bird Hunting and Conservation Stamps to fund the acquisition of conservation easements for migratory birds, and for other purposes.
1. Short title This Act may be cited as the Federal Duck Stamp Act of 2014 . 2. Increase in price of Migratory Bird Hunting and Conservation Stamp to fund acquisition of conservation easements for migratory birds The Migratory Bird Hunting and Conservation Stamp Act is amended— (1) in section 2(b) ( 16 U.S.C. 718b(b) )— (A) by striking 1990, and and inserting 1990, ; and (B) by striking for each hunting year thereafter and inserting for hunting years 1991 through 2013, and $25 for each hunting year thereafter ; (2) by adding at the end of section 2 ( 16 U.S.C. 718b ) the following: (c) Reduction in price of stamp The Secretary may reduce the price of each stamp sold under the provisions of this section for a hunting year if the Secretary determines that the increase in the price of the stamp after hunting year 2013 resulted in a reduction in revenues deposited into the fund; ; and (3) in section 4 ( 16 U.S.C. 718d )— (A) in subsection (a)(3), by inserting before the period the following: , in which there shall be a subaccount to which the Secretary of the Treasury shall transfer all amounts in excess of $15 that are received from the sale of each stamp sold for each hunting year after hunting year 2013 ; (B) in subsection (b)(1), by striking So much and inserting except as provided in paragraph (4), so much ; (C) in subsection (b)(2), by striking paragraph (3) and inserting paragraphs (3) and (4) ; and (D) by adding at the end of subsection (b) the following: (4) Conservation easements Amounts in the subaccount referred to in subsection (a)(3) shall be used by the Secretary solely to acquire easements in real property for conservation of migratory birds. . 3. Annual report on expenditures Section 4 of the Migratory Bird Hunting and Conservation Stamp Act ( 16 U.S.C. 718d ) is further amended— (1) in subsection (c)— (A) by striking so much as precedes The Secretary may and inserting the following: (c) Promotion of Stamp Sales ; and (B) by striking paragraph (2); and (2) by adding at the end the following: (e) Annual report The Secretary shall include in each annual report of the Commission under section 3 of the Migratory Bird Conservation Act ( 16 U.S.C. 715b )— (1) a description of activities conducted under subsection (c) in the year covered by the report; and (2) an annual assessment of the status of wetlands conservation projects for migratory bird conservation purposes, including a clear and accurate accounting of— (A) all expenditures by Federal and State agencies under this section; and (B) all expenditures made for fee-simple acquisition of Federal lands in the United States, including the amount paid and acreage of each parcel acquired in each acquisition. .
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113-hr-5070
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I 113th CONGRESS 2d Session H. R. 5070 IN THE HOUSE OF REPRESENTATIVES July 10, 2014 Mr. Gardner (for himself and Mr. Stewart ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to provide for improved compliance with the requirements of the earned income tax credit.
1. Short title This Act may be cited as the Earnings Advancement and Recovery Now Act or the EARN Act . 2. Dedication of EITC compliance savings to expanding the EITC (a) Findings The Congress finds the following: (1) The March 2014 report of the Treasury Inspector General for Tax Administration on the Internal Revenue Service’s compliance with the Improper Payments Elimination and Recovery Act of 2010 highlights significant improper payments related to the earned income tax credit under section 32 of the Internal Revenue Code of 1986. (2) The Improper Payments Elimination and Recovery Act of 2010 defines an improper payment as any payment that should not have been made or that was made in an incorrect amount … under statutory, contractual, administrative, or other legally applicable requirements . (3) The Internal Revenue Service estimates that 22 percent to 26 percent of earned income tax credit payments were issued improperly in fiscal year 2013, with the dollar value of these improper payments estimated to be between $13.3 billion and $15.6 billion. (4) The Treasury Inspector General for Tax Administration has concluded that the Internal Revenue Service has made little improvement in reducing improper earned income tax credit payments since being required to report estimates of these payments to Congress, and as a result, the earned income tax credit program remains at high risk for improper payments. (5) The Joint Committee on Taxation estimates that for tax year 2014 there will be 28.5 million filers that will receive the earned income tax credit. (6) Billions of dollars of improper payments will continue to made unless reforms and improvements take place with respect to the earned income tax credit and its administration by the Internal Revenue Service. (b) Sense of Congress Any budgetary savings resulting from the reforms and improvements enacted by this Act with respect to the earned income tax credit should be dedicated to expanding the credit for working families eligible for the earned income tax credit. 3. Increase the penalty applicable to paid tax preparers who engage in willful or reckless conduct (a) In general Section 6694(b)(1)(B) of the Internal Revenue Code of 1986 is amended by striking 50 percent and inserting 75 percent . (b) Effective date The amendment made by this section shall apply to returns prepared for taxable years ending after the date of the enactment of this Act. 4. Expansion of disallowance period for taxpayers who improperly claim EITC based on reckless or intentional disregard of the rules (a) In general Section 32(k)(1)(B)(ii) of the Internal Revenue Code of 1986 is amended by striking 2 taxable years and inserting 5 taxable years . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2013. 5. Expansion of math-error authority to cover EITC claims during period when taxpayer is barred from claiming the credit (a) In general Section 6213(g)(2)(K) of the Internal Revenue Code of 1986 is amended by striking section 32(k)(2) and inserting section 32(k) . (b) Effective date The amendment made by this section shall apply to taxable years ending after the date of the enactment of this Act. 6. Penalty for erroneous claim of credit made applicable to earned income credit (a) In general Section 6676(a) of the Internal Revenue Code of 1986 is amended by striking (other than a claim for a refund or credit relating to the earned income credit under section 32) . (b) Effective date The amendment made by this section shall apply to claims filed after the date of the enactment of this Act. 7. Study on earned income credit and improper payments (a) In general The Comptroller General of the United States shall conduct a study on— (1) the effectiveness and impact of the earned income tax credit under section 32 of the Internal Revenue Code of 1986, and (2) the incidence and cause of improper payments made by the Internal Revenue Service with respect to the credit. (b) Recommendations The study required under subsection (a) shall include recommendations to— (1) improve the efficiency and effectiveness of the earned income tax credit, and (2) reduce the improper payments made by the Internal Revenue Service with respect to the credit. (c) Report Not later than 6 months after the date of the enactment of this Act, the Comptroller General shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report with the results of the study conducted under subsection (a) and recommendations required under subsection (b).
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https://www.govinfo.gov/content/pkg/BILLS-113hr5070ih/xml/BILLS-113hr5070ih.xml
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113-hr-5071
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I 113th CONGRESS 2d Session H. R. 5071 IN THE HOUSE OF REPRESENTATIVES July 10, 2014 Mr. Ribble (for himself, Mr. Schrader , Mr. Collins of New York , Mr. Thompson of Pennsylvania , Mr. Gibbs , Mr. Lucas , and Mr. Peterson ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To preserve existing rights and responsibilities with respect to non-prohibited discharges of dredged or fill material under the Clean Water Act.
1. Short Title This Act may be cited as the Agricultural Conservation Flexibility Act of 2014 . 2. Rules pertaining to non-prohibited discharges of dredged or fill material under the Clean Water Act (a) In General Section 404(f)(1)(A) of the Federal Water Pollution Control Act ( 33 U.S.C. 1344(f)(1)(A) ) shall be applied without regard to the interpretive rule issued on March 25, 2014, entitled U.S. Environmental Protection Agency and U.S. Department of the Army Interpretive Rule Regarding the Applicability of the Clean Water Act Section 404(f)(1)(A) . (b) Rules of Construction for Certain Agricultural Activities (1) Soil and Water Conservation Practices (A) All soil and water conservation practices shall be treated as normal farming, silviculture, and ranching activities under section 404(f)(1)(A) of the Federal Water Pollution Control Act ( 33 U.S.C. 1344(f)(1)(A) ). (B) No soil and water conservation practice shall be treated as a new use of an area of navigable waters, an impairment of the flow and circulation of navigable waters, or a reduction in the reach of such waters under section 404(f)(2) of the Federal Water Pollution Control Act ( 33 U.S.C. 1344(f)(2) ). (2) Normal Farming, Silviculture, and Ranching Activities Normal farming, silviculture, and ranching activities shall be treated as such without regard to the date of commencement of such activities. 3. Withdrawal of Interpretive Rule and Prohibition of Further Agency Action (a) Withdrawal of Interpretive Rule The Secretary of the Army and the Administrator of the Environmental Protection Agency shall withdraw the interpretive rule described in section 2(a). (b) Prohibition of Further Agency Action (1) Neither the Secretary of the Army nor the Administrator of the Environmental Protection Agency shall use the interpretive rule described in section 2(a), or any substantially similar rule or guidance, as the basis for any rulemaking, decision, or action regarding the scope or enforcement of the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ). (2) Any violation of paragraph (1) shall be grounds for vacating the rule, decision, or action constituting such violation. 4. Applicability This Act shall apply with respect to activities occurring on or after March 25, 2014.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5071ih/xml/BILLS-113hr5071ih.xml
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113-hr-5072
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I 113th CONGRESS 2d Session H. R. 5072 IN THE HOUSE OF REPRESENTATIVES July 10, 2014 Mr. Welch (for himself and Mr. Ben Ray Luján of New Mexico ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title VI of the Public Utility Regulatory Policies Act of 1978 to establish a Federal renewable electricity standard for retail electricity suppliers and a Federal energy efficiency resource standard for electricity and natural gas suppliers, and for other purposes.
1. Short title This Act may be cited as the American Renewable Energy and Efficiency Act . 2. Federal renewable electricity standard Title VI of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2601 et seq. ) is amended by adding after section 609 ( 7 U.S.C. 918c ) the following: 610. Federal renewable electricity standard (a) Findings Congress finds that— (1) 118 countries have national goals for renewable electricity production and 30 States and the District of Columbia have enacted mandatory renewable electricity standards; (2) the Federal renewable electricity standard established by this section establishes a market-based policy to create ongoing competition among renewable electricity generators across the United States and provide the greatest quantity of clean electricity for the lowest price; and (3) the United States has vast wind, solar, hydropower, biomass, and geothermal resources that— (A) are renewable; (B) are dispersed widely across different regions of the United States; and (C) can be harnessed to generate a significant share of electricity in the United States. (b) Definitions In this section: (1) Brownfield site generation facility The term brownfield site generation facility means a facility that— (A) generates renewable electricity; and (B) occupies a brownfield site (as that term is defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 )). (2) Distributed renewable generation facility The term distributed renewable generation facility means a facility that— (A) generates renewable electricity; (B) primarily serves one or more electric consumers at or near the facility site; and (C) has not more than 2 megawatts in capacity. (3) Federal renewable electricity credit The term Federal renewable electricity credit means a credit, representing 1 megawatt hour of renewable electricity, issued pursuant to subsection (f). (4) Indian land The term Indian land means— (A) any land within the limits of any Indian reservation, pueblo, or rancheria; (B) any land not within the limits of any Indian reservation, pueblo, or rancheria, title to which was on the date of enactment of this section held by— (i) the United States for the benefit of any Indian tribe or individual; or (ii) any Indian tribe or individual subject to restriction by the United States against alienation; (C) any dependent Indian community; or (D) any land conveyed under the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ) to any Native Corporation (as that term is defined in section 3 of that Act (43 U.S.C. 1602)). (5) Indian tribe The term Indian tribe means any Indian tribe, band, nation, or other organized group or community (including any Native village, Regional Corporation, or Village Corporation (as those terms are defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602))) that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (6) Qualified hydropower The term qualified hydropower means— (A) energy produced from increased efficiency achieved, or additions of capacity made, on or after January 1, 2001, at a hydroelectric facility that— (i) was placed in service before that date; and (ii) does not include additional energy generated as a result of operational changes not directly associated with efficiency improvements or capacity additions; or (B) energy produced from generating capacity added to a dam on or after January 1, 2001, if the Commission certifies that— (i) the dam— (I) was placed in service before the date of enactment of this section; (II) was operated for flood control, navigation, or water supply purposes; and (III) was not producing hydroelectric power prior to the addition of the capacity; and (ii) the hydroelectric project installed on the dam— (I) is licensed or is exempt from licensing by the Commission; (II) is in compliance with— (aa) the terms and conditions of the license or exemption; and (bb) other applicable legal requirements for the protection of environmental quality, including applicable fish passage requirements; and (III) is operated so that the water surface elevation at any given location and time that would have occurred in the absence of the hydroelectric project is maintained, subject to any license or exemption requirements that require changes in water surface elevation for the purpose of improving the environmental quality of the affected waterway. (7) Qualified renewable biomass The term qualified renewable biomass means renewable biomass that, when combusted, yields, on a weighted-average basis, a 50-percent reduction in lifecycle greenhouse gas emissions (as defined in section 4(a) of the American Renewable Energy and Efficiency Act ) per unit of useful energy, as compared to the operation of a combined cycle natural gas electric generating facility using the most efficient commercially available technology, when calculated over a 20-year life cycle. (8) Renewable biomass The term renewable biomass means— (A) crops, crop byproducts, or crop residues harvested from actively managed or fallow agricultural land that is— (i) nonforested; and (ii) cleared prior to the date of enactment of this section; (B) planted trees, brush, slash, and all residues from an actively managed tree farm located on non-Federal land cleared prior to the date of enactment of this section; (C) precommercial-sized thinnings, slash, brush, and residue from milled trees, from forested land that is not— (i) old-growth or mature forest; (ii) identified under a State natural heritage program as rare, imperiled, or critically imperiled; or (iii) Federal land; (D) algae; (E) nonhazardous plant matter derived from waste— (i) including separated yard waste, landscape right-of-way trimmings, or food waste; but (ii) not including municipal solid waste, recyclable waste paper, painted, treated or pressurized wood, or wood contaminated with plastic or metals; (F) animal waste or animal byproducts, including products of animal waste digesters; (G) vegetative matter removed from within 200 yards of any manmade structure or campground; (H) slash and precommercial-sized thinnings harvested— (i) in environmentally sustainable quantities, as determined by the appropriate Federal land manager; and (ii) from National Forest System land or public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 )), other than— (I) components of the National Wilderness Preservation System established under the Wilderness Act (16 U.S.C. 1131 et seq.); (II) Wilderness Study Areas, as identified by the Bureau of Land Management; (III) inventoried roadless areas and all unroaded areas of at least 5,000 acres; (IV) old growth and late seral stands; (V) components of the National Landscape Conservation System administered by the Bureau of Land Management; and (VI) national monuments; and (I) forest thinnings sourced as part of catastrophic wildfire risk mitigation activities. (9) Renewable electricity The term renewable electricity means electricity generated (including by means of a fuel cell) from a renewable energy resource. (10) Renewable energy resource The term renewable energy resource means each of the following: (A) Wind energy. (B) Solar energy. (C) Geothermal energy. (D) Qualified renewable biomass. (E) Biogas derived from qualified renewable biomass. (F) Biofuels derived from qualified renewable biomass. (G) Qualified hydropower. (H) Marine and hydrokinetic renewable energy (as defined in section 632 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17211 )). (I) Landfill gas. (11) Retail electric supplier (A) In general The term retail electric supplier means, for any calendar year, an electric utility that sells not fewer than 1,000,000 megawatt hours of electric energy to electric consumers for purposes other than resale during the preceding calendar year. (B) Inclusions and limitations For purposes of determining whether an electric utility qualifies as a retail electric supplier under subparagraph (A)— (i) the sales made by any affiliate of the electric utility to electric consumers, other than sales to lessees or tenants of the affiliate, for purposes other than resale shall be considered to be sales made by the electric utility; and (ii) sales made by the electric utility to an affiliate, lessee, or tenant of the electric utility shall not be treated as sales to electric consumers. (C) Affiliate In this paragraph, the term affiliate when used in relation to a person, means another person that directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, that person, as determined under regulations promulgated by the Commission. (12) Retail electric supplier's base quantity The term retail electric supplier's base quantity means the total quantity of electric energy sold by the retail electric supplier, expressed in megawatt hours, to electric customers for purposes other than resale during the relevant calendar year, excluding— (A) electricity generated by a hydroelectric facility, other than qualified hydropower; and (B) electricity generated by the combustion of municipal solid waste. (13) Retire and retirement The terms retire and retirement with respect to a Federal renewable electricity credit, means to disqualify the credit for any subsequent use under this section, regardless of whether the use is a sale, transfer, exchange, or submission in satisfaction of a compliance obligation. (c) Annual compliance obligation Except as otherwise provided in subsection (g), for each of calendar years 2015 through 2040, not later than March 31 of the following calendar year, each retail electric supplier shall submit to the Commission a quantity of Federal renewable electricity credits that is equal to at least the annual target of the retail electric supplier under subsection (e). (d) Establishment of program (1) In general Not later than 1 year after the date of enactment of this section, the Commission shall promulgate regulations to implement and enforce the requirements of this section. (2) Considerations In promulgating regulations under paragraph (1), the Commission shall, to the maximum extent practicable— (A) preserve the integrity and incorporate best practices of existing State and tribal renewable electricity programs; (B) rely on existing and emerging State, tribal, or regional tracking systems that issue and track non-Federal renewable electricity credits; and (C) cooperate with States and Indian tribes— (i) to facilitate coordination between State, tribal, and Federal renewable electricity programs; and (ii) to minimize administrative burdens and costs to retail electric suppliers. (e) Annual compliance requirement (1) Annual targets For each of calendar years 2015 through 2040, the annual target of a retail electric supplier shall be equal to the product obtained by multiplying— (A) the required annual percentage for that calendar year under paragraph (2); and (B) the retail electric supplier's base quantity for that calendar year. (2) Required annual percentage (A) Calendar years 2015 through 2040 Subject to subparagraph (B), for each of calendar years 2015 through 2040, the required annual percentage shall be as follows: Required annual Year: percentage: 2015 6 2016 7 2017 9 2018 11 2019 13 2020 15 2021 17 2022 19 2023 21 2024 23 2025–2040 25. (B) Increase authorized for calendar years 2026 through 2040 The Commission may issue orders increasing the required annual percentage amounts for each of calendar years 2026 through 2040 to reflect the maximum achievable level of renewable electricity generation potential, taking into account regional resource availability, economic feasibility, and technological capability. (f) Federal renewable electricity credits (1) In general (A) Issuance; tracking; verification The regulations promulgated under this section shall include provisions governing the issuance, tracking, and verification of Federal renewable electricity credits. (B) Credit ratio Except as provided in paragraphs (2) through (4), the Commission shall issue to each generator of renewable electricity, 1 Federal renewable electricity credit for each megawatt hour of renewable electricity generated by the generator after December 31, 2014. (C) Serial number The Commission shall assign a unique serial number to each Federal renewable electricity credit. (2) Generation from certain State renewable electricity programs (A) In general If renewable electricity is generated with the support of payments from a retail electric supplier pursuant to a State renewable electricity program (whether through State alternative compliance payments or through payments to a State renewable electricity procurement fund or entity), the Commission shall issue Federal renewable electricity credits to the retail electric supplier for the portion of the relevant renewable electricity generation that is attributable to payments made by the retail electric supplier, as determined pursuant to regulations promulgated by the Commission. (B) Remaining portion For any remaining portion of the relevant renewable electricity generation, the Commission shall issue Federal renewable electricity credits to the generator, as provided in paragraph (1), except that not more than 1 Federal renewable electricity credit shall be issued for the same megawatt hour of electricity. (C) State guidance In determining how Federal renewable electricity credits will be apportioned among retail electric suppliers and generators under this paragraph, the Commission shall consider information and guidance issued by the applicable one or more States. (3) Certain power sales contracts Except as otherwise provided in paragraph (2), if a generator has sold renewable electricity to a retail electric supplier under a contract for power from a facility placed in service before the date of enactment of this section, and the contract does not provide for the determination of ownership of the Federal renewable electricity credits associated with the generation, the Commission shall issue the Federal renewable electricity credits to the retail electric supplier for the duration of the contract. (4) Credit multipliers (A) In general Except as provided in subparagraph (B), the Commission shall issue— (i) not more than 3 Federal renewable electricity credits for each megawatt hour of renewable electricity generated by a distributed renewable generation facility; (ii) not more than 2 Federal renewable electricity credits for each megawatt hour of renewable electricity generated on Indian land; and (iii) not more than 2 Federal renewable electricity credits for each megawatt hour of renewable electricity generated by a brownfield site generation facility. (B) Adjustment Except as provided in subparagraph (C), not later than January 1, 2017, and not less frequently than every 4 years thereafter, the Commission shall review the effect of this paragraph on the aggregate quantity of renewable electricity produced under the standard and shall, as necessary and after providing 1 year of notice, reduce the number of Federal renewable electricity credits per megawatt hour issued under this paragraph for any given energy source or facility, but not below one, to ensure that the number is no higher than the Commission determines is necessary— (i) to incentivize incremental renewable energy generation on Indian land and brownfield sites; and (ii) to make distributed renewable generation facilities cost competitive with other sources of renewable electricity generation. (C) Facilities placed in service after enactment (i) In general For any renewable generation facility placed in service after the date of enactment of this section, subparagraph (B) shall not apply for the first 10 years after the date on which the facility is placed in service. (ii) Initial period For each year during the 10-year period described in clause (i), the Commission shall issue to the facility the same number of Federal renewable electricity credits per megawatt hour as are issued to that facility in the year in which the facility is placed in service. (iii) Subsequent period After the 10-year period described in clause (i), the Commission shall issue Federal renewable electricity credits to the facility in accordance with subparagraph (B). (5) Credits based on qualified hydropower For purposes of this subsection, the number of Federal renewable electricity credits issued for qualified hydropower shall be calculated— (A) based solely on the increase in average annual generation directly resulting from the efficiency improvements or capacity additions described in subsection (a)(6)(A); and (B) using the same water flow information used to determine a historic average annual generation baseline for the hydroelectric facility, as certified by the Commission. (6) Generation from mixed renewable and nonrenewable resources If electricity is generated using both a renewable energy resource and an energy source that is not a renewable energy resource (such as cofiring of renewable biomass and fossil fuel), the Commission shall issue Federal renewable electricity credits based on the proportion of the electricity that is attributable to the renewable energy resource. (7) Prohibition against double-counting The Commission shall ensure that— (A) no Federal renewable electricity credit is used more than once for compliance with this section; and (B) except as provided in paragraph (4), not more than 1 Federal renewable electricity credit is issued for any megawatt hour of renewable electricity. (8) Trading The lawful holder of a Federal renewable electricity credit may— (A) sell, exchange, or transfer the credit; (B) submit the credit for compliance under subsection (c); or (C) submit the credit for retirement by the Commission. (9) Banking (A) In general A Federal renewable electricity credit may be submitted in satisfaction of the compliance obligation under subsection (c) for the compliance year in which the credit was issued or for any of the 3 immediately subsequent compliance years. (B) Retirement The Commission shall retire any Federal renewable electricity credit that has not been retired by April 2 of the calendar year that is 3 years after the calendar year during which the credit was issued. (10) Retirement The Commission shall retire a Federal renewable electricity credit immediately upon submission by the lawful holder of the credit, whether in satisfaction of a compliance obligation under subsection (c) or for another reason. (g) Alternative compliance payments (1) In general A retail electric supplier may satisfy the requirements of subsection (c) in whole or in part by submitting in accordance with this subsection, in lieu of each Federal renewable electricity credit that would otherwise be due, a payment equal to $50, adjusted for inflation on January 1 of each year following calendar year 2015, in accordance with regulations promulgated by the Commission. (2) Payment to State funds (A) In general Except as otherwise provided in this paragraph, payments made under this subsection shall be made directly to one or more States in which the retail electric supplier sells electric energy, in proportion to the portion of the retail electric supplier's base quantity that is sold within each applicable State, if— (i) the payments are deposited directly into a fund of the State treasury established for that purpose; and (ii) the State uses the funds in accordance with paragraphs (3) and (4). (B) Noncompliance If the Commission determines that a State is in substantial noncompliance with paragraph (3) or (4), the Commission shall direct that any future alternative compliance payments that would otherwise be paid to the State under this subsection shall instead be paid to the Commission and deposited in the Treasury. (3) State use of funds As a condition of receipt of alternative compliance payments under this subsection, a State shall use the payments exclusively for— (A) deploying technologies that generate electricity from renewable energy resources; or (B) implementing cost-effective energy efficiency programs to achieve energy savings. (4) Reporting (A) In general As a condition of receipt of alternative compliance payments pursuant to this subsection, a State shall submit to the Commission an annual report, in accordance with regulations promulgated by the Commission, containing a full accounting of the use of the payments, including a detailed description of the activities funded by the payments and demonstrating compliance with the requirements of this subsection. (B) Deadline A State shall submit a report under this paragraph— (i) not later than 1 year after the date on which the first alternative compliance payment is received; and (ii) every 1 year thereafter until all alternative compliance payments are expended. (h) Information collection (1) In general The Commission may require any retail electric supplier, renewable electricity generator, or any other entity that the Commission determines appropriate, to provide any information the Commission determines appropriate to carry out this section. (2) Failure to submit; false or misleading information Any entity required to submit information under paragraph (1) that fails to submit the information or submits false or misleading information shall be in violation of this section. (i) Enforcement and judicial review (1) Failure to submit credits If any person fails to comply with the requirements of subsection (c) or (g), the person shall be liable to pay to the Commission a civil penalty equal to the product obtained by multiplying— (A) double the alternative compliance payment calculated under subsection (g)(1); and (B) the aggregate quantity of Federal renewable electricity credits or equivalent alternative compliance payments that the person failed to submit in violation of the requirements of subsections (c) and (g). (2) Enforcement The Commission shall assess a civil penalty under paragraph (1) in accordance with the procedures described in section 31(d) of the Federal Power Act ( 16 U.S.C. 823b(d) ). (3) Violation of requirement of regulations or orders (A) In general Any person who violates or fails or refuses to comply with any requirement of a regulation promulgated or order issued under this section shall be subject to a civil penalty under section 316A(b) of the Federal Power Act (16 U.S.C. 825o–1(b)). (B) Assessment The penalty under subparagraph (A) shall be assessed by the Commission in the same manner as in the case of a violation referred to in section 316A(b) of that Act. (4) Judicial review (A) In general Any person aggrieved by a final action taken by the Commission under this section, other than the assessment of a civil penalty under paragraphs (1) through (3), may use the procedures for review described in section 313 of the Federal Power Act (16 U.S.C. 825 l ). (B) Reference For purposes of this paragraph, references to an order in section 313 of that Act shall be considered to refer also to all other final actions of the Commission under this section other than the assessment of a civil penalty under paragraphs (1) through (3). (j) Administration Nothing in this section— (1) diminishes or qualifies any authority of a State, a political subdivision of a State, or an Indian tribe— (A) to adopt or enforce any law or regulation respecting renewable electricity, including any law or regulation establishing requirements that are more stringent than those established by this section, provided that no such law or regulation may relieve any person of any requirement otherwise applicable under this section; or (B) to regulate the acquisition and disposition of Federal renewable electricity credits by retail electric suppliers within the jurisdiction of the State, political subdivision, or Indian tribe, including the authority to require the retail electric supplier to acquire and submit to the Commission for retirement Federal renewable electricity credits in excess of those submitted under this section; or (2) affects the application of or the responsibility for compliance with any other provision of law or regulation, including environmental and licensing requirements. (k) Sunset The authority provided by this section expires on December 31, 2041. . 3. Clarifying state authority to adopt renewable energy incentives Section 210 of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 824a–3 ) is amended by adding at the end the following: (o) Clarification of State authority To adopt renewable energy incentives (1) Definition of State-approved production incentive program In this subsection, the term State-approved production incentive program means a requirement imposed pursuant to State law or by a State regulatory authority acting within its authority under State law that an electric utility purchase renewable energy (as defined in section 609(a)) at a specified rate. (2) State authority to adopt renewable energy incentives Notwithstanding any other provision of this Act or the Federal Power Act ( 16 U.S.C. 791a et seq. ), a State legislature or regulatory authority may set the rates for a sale of electric energy by a facility generating electric energy from renewable energy sources pursuant to a State-approved production incentive program under which the facility voluntarily participates in the State-approved production incentive program. . 4. Guidelines for determining qualified renewable biomass (a) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Lifecycle greenhouse gas emissions (A) In general The term lifecycle greenhouse gas emissions means the aggregate quantity of greenhouse gas emissions, adjusted to account for the relative global warming potential of the emissions relative to all greenhouse gas emissions. (B) Inclusions For purposes of subparagraph (A), the term greenhouse gas emissions includes— (i) direct emissions; and (ii) significant indirect emissions, including from— (I) land use changes and temporal changes in forest carbon sequestration; (II) biomass harvests, regrowth, and avoided decomposition related to the full fuel lifecycle, including all stages of fuel and feedstock production and distribution; and (III) feedstock generation or extraction through the distribution and delivery of the finished fuel to the ultimate consumer. (b) Guidelines Not later than 1 year after the date of enactment of this Act, the Administrator shall, recognizing the recommendations of and coordinating with the Scientific Advisory Board of the Environmental Protection Agency regarding the accounting of biogenic carbon dioxide emissions and after notice and public comment, issue guidelines for calculating lifecycle greenhouse gas emissions for renewable biomass (as that term is defined in section 610(b) of the Public Utility Regulatory Policies Act of 1978). 5. Energy efficiency resource standard for retail electricity and natural gas suppliers (a) In general Title VI of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2601 et seq. ) (as amended by section 2) is amended by adding after section 610 the following: 611. Federal energy efficiency resource standard for retail electricity and natural gas suppliers (a) Findings Congress finds that— (1) the Federal energy efficiency resource standard established by this section— (A) establishes nationwide minimum levels of electricity and natural gas savings to be achieved through utility efficiency programs, building energy codes, appliance standards, and related efficiency measures; and (B) rewards energy-saving improvements achieved through— (i) end-use energy efficiency upgrades; (ii) reduced losses in transmission and distribution of energy; and (iii) fuel-switching, to the extent that the switching results in reduced primary energy use; and (2) in light of the cost-effective energy efficiency opportunities that exist across the United States in every sector of the economy, retail electricity suppliers, retail natural gas suppliers, and States should— (A) consider energy efficiency as a resource in utility planning and procurement activities; and (B) seek to achieve all energy efficiency that is available at lower cost than other energy supply options. (b) Definitions In this section: (1) Affiliate The term affiliate when used in relation to a person, means another person that owns or controls, is owned or controlled by, or is under common ownership control with, that person, as determined under regulations promulgated by the Secretary. (2) ASHRAE, ansi, and iesna The terms ASHRAE , ANSI , and IESNA mean the American Society of Heating, Refrigerating and Air Conditioning Engineers, the American National Standards Institute, and the Illuminating Engineering Society of North America, respectively. (3) Base quantity (A) In general The term base quantity , with respect to a retail electricity supplier or retail natural gas supplier, means, for each calendar year for which a performance standard is established under subsection (d), the average annual quantity of electricity or natural gas delivered by the retail electricity supplier or retail natural gas supplier to retail customers during the 3 calendar years immediately preceding the year that compliance is required under subsection (d)(1). (B) Exclusion The term base quantity , with respect to a retail natural gas supplier, does not include natural gas delivered for purposes of electricity generation. (4) CHP savings The term CHP savings means— (A) CHP system savings from a combined heat and power system that commences operation after the date of enactment of this section; and (B) the increase in CHP system savings from upgrading or replacing, after the date of enactment of this section, a combined heat and power system that commenced operation on or before the date of enactment of this section. (5) CHP system savings The term CHP system savings means the electric output, and the electricity saved due to the mechanical output, of a combined heat and power system, adjusted to reflect any increase in fuel consumption by that system as compared to the fuel that would have been required to produce an equivalent useful thermal energy output in a separate thermal-only system, as determined in accordance with regulations promulgated by the Secretary. (6) Codes and standards savings (A) In general The term codes and standards savings means a reduction in end-use electricity or natural gas consumption by a retail electricity supplier or in the service territory of a retail natural gas supplier as a result of the adoption and implementation, after the date of enactment of this section, of new or revised appliance and equipment efficiency standards or building energy codes. (B) Baselines In calculating codes and standards savings under subparagraph (A)— (i) the baseline for calculating savings from building codes shall be the more stringent of— (I) (aa) the 2009 International Energy Conservation Code for residential buildings; or (bb) the ASHRAE/ANSI/IESNA Standard 90.1–2007 for commercial buildings; or (II) the applicable State building code in effect on the date of enactment of this section; and (ii) the baseline for calculating savings from appliance standards shall be the average efficiency of new appliances in the applicable one or more categories prior to the adoption and implementation of the new standard. (7) Combined heat and power system The term combined heat and power system means a system that uses the same energy source both for the generation of electrical or mechanical power and the production of steam or another form of useful thermal energy, if— (A) the system meets any requirements relating to efficiency and other operating characteristics that the Secretary promulgates by regulation; and (B) the net wholesale sales of electricity by a facility does not exceed 50 percent of total annual electric generation by the facility. (8) Cost-effective The term cost-effective , with respect to an energy efficiency measure, means that the measure achieves a net present value of economic benefits over the life of the measure, both directly to the energy consumer and to the economy, that is greater than the net present value of the cost of the measure over the life of the measure, both directly to the energy consumer and to the economy, using the societal benefit-cost test calculated using the weighted average utility cost of capital as the discount rate. (9) Customer facility savings The term customer facility savings means a reduction in end-use electricity or natural gas consumption (including waste heat energy savings) at a facility of an end-use consumer of electricity or natural gas served by a retail electricity supplier or natural gas supplier, as compared to— (A) in the case of a new facility, consumption at a reference facility of average efficiency; (B) in the case of an existing facility, consumption at the facility during a base period of not less than 1 year; (C) in the case of new equipment that replaces existing equipment at the end of the useful life of the existing equipment, consumption by new equipment of average efficiency of the same equipment type, except that customer savings under this subparagraph shall not be counted towards customer savings under subparagraph (A) or (B); and (D) in the case of new equipment that replaces existing equipment with remaining useful life— (i) consumption of the existing equipment for the remaining useful life of the equipment; and (ii) thereafter, consumption of new equipment of average efficiency. (10) Electricity savings The term electricity savings means reductions in electricity consumption achieved through measures implemented after the date of enactment of this section, as determined in accordance with regulations promulgated by the Secretary, that are limited to— (A) customer facility savings of electricity, adjusted to reflect any associated increase in fuel consumption at the facility; (B) reductions in distribution system losses of electricity achieved by a retail electricity supplier, as compared to losses attributable to new or replacement distribution system equipment of average efficiency, as defined in regulations promulgated by the Secretary; (C) CHP savings; (D) codes and standards savings of electricity; and (E) fuel switching energy savings that results in net savings of electricity. (11) Fuel switching energy savings (A) In general The term fuel-switching energy savings means net energy savings, calculated in accordance with subparagraph (B), from end-user switches from 1 energy source to another, as determined in accordance with regulations promulgated by the Secretary. (B) Calculation For purposes of calculating fuel-switching net energy savings— (i) electricity use shall be evaluated based on the average quantity of fuel burned at a power plant to provide each kilowatt hour of electricity; (ii) electricity and natural gas use shall include losses in the transmission and distribution system; and (iii) fuel-switching that is not cost-effective to the end-user shall not be counted. (12) Natural gas savings The term natural gas savings means reductions in natural gas consumption from measures implemented after the date of enactment of this section, as determined in accordance with regulations promulgated by the Secretary, that are limited to— (A) customer facility savings of natural gas, adjusted to reflect any associated increase in electricity consumption or consumption of other fuels at the facility; (B) reductions in leakage, operational losses, and consumption of natural gas fuel to operate a gas distribution system, achieved by a retail natural gas supplier, as compared to similar leakage, losses, and consumption during a base period of not less than 1 year; (C) codes and standards savings of natural gas; and (D) fuel switching energy savings that results in net savings of natural gas. (13) Power pool The term power pool means an association of two or more interconnected electric systems that have entered into an agreement to coordinate operations and planning for improved reliability and efficiencies, including a Regional Transmission Organization or an Independent System Operator, as determined by the Secretary. (14) Reporting period The term reporting period means— (A) calendar year 2015; and (B) each successive 2-calendar-year period thereafter. (15) Retail electricity supplier (A) In general The term retail electricity supplier means, for any given calendar year, an electric utility that sells not less than 1,000,000 megawatt hours of electric energy to electric consumers for purposes other than resale during the preceding calendar. (B) Inclusions and limitations For purposes of determining whether an electric utility qualifies as a retail electricity supplier under subparagraph (A)— (i) deliveries by any affiliate of an electric utility to electric consumers for purposes other than resale shall be considered to be deliveries by the electric utility; and (ii) deliveries by any electric utility to a lessee, tenant, or affiliate of the electric utility shall not be considered to be deliveries to electric consumers. (16) Retail natural gas supplier (A) In general The term retail natural gas supplier means, for any given calendar year, a local distribution company (as defined in section 2 of the Natural Gas Policy Act of 1978 ( 15 U.S.C. 3301 )), that delivered to natural gas consumers more than 5,000,000,000 cubic feet of natural gas for purposes other than resale during the preceding calendar year. (B) Inclusions and limitations For purposes of determining whether a person qualifies as a retail natural gas supplier under subparagraph (A)— (i) deliveries of natural gas by any affiliate of a local distribution company to consumers for purposes other than resale shall be considered to be deliveries by the local distribution company; and (ii) deliveries of natural gas to a lessee, tenant, or affiliate of a local distribution company shall not be considered to be deliveries to natural gas consumers. (17) Third-party efficiency provider The term third-party efficiency provider means any retailer, building owner, energy service company, financial institution or other commercial, industrial or nonprofit entity that is capable of providing electricity savings or natural gas savings in accordance with subsections (e) and (f). (18) Waste heat energy savings (A) In general The term waste heat energy savings means a reduction in electricity or natural gas consumption that results from a modification of an industrial or commercial system that commenced operation before the date of enactment of this section, in order to recapture electrical, mechanical, or thermal energy that would otherwise be wasted, as determined in accordance with regulations promulgated by the Secretary. (B) Inclusion Such savings shall be included as part of customer facility savings. (c) Establishment of program (1) Regulations Not later than 1 year after the date of enactment of this section, the Secretary shall, by regulation, establish a program to implement and enforce the requirements of this section, including by— (A) establishing measurement and verification procedures and standards under subsection (f); (B) establishing requirements under which retail electricity suppliers and retail natural gas suppliers shall— (i) demonstrate, document, and report the compliance of the retail electricity suppliers and retail natural gas suppliers with the performance standards under subsection (d); and (ii) estimate the impact of the standards on current and future electricity and natural gas use in the service territories of the suppliers; and (C) establishing requirements governing applications for, and implementation of, delegated State administration under subsection (h). (2) Coordination with state programs In establishing and implementing this section, the Secretary shall, to the maximum extent practicable, preserve the integrity and incorporate best practices of existing State energy efficiency programs. (d) Performance standards (1) Compliance obligation Not later than May 1 of the calendar year immediately following each reporting period— (A) each retail electricity supplier shall submit to the Secretary a report, in accordance with regulations promulgated by the Secretary, demonstrating that the retail electricity supplier has achieved annual electricity savings (adjusted to account for any attrition of savings measures implemented in prior years) in each calendar year that are equal to the applicable percentage, established under paragraph (2), (3), or (4), of the base quantity of the retail electricity supplier; and (B) each retail natural gas supplier shall submit to the Secretary a report, in accordance with regulations promulgated by the Secretary, demonstrating that it has achieved cumulative natural gas savings (adjusted to account for any attrition of savings measures implemented in prior years) in each calendar year that are equal to the applicable percentage, established under paragraph (2), (3), or (4), of the base quantity of such retail natural gas supplier, subject to business-as-usual consumption projections calculated in accordance with subsection (f)(1)(P). (2) Standards for 2015 through 2025 For each of calendar years 2015 through 2025, the applicable percentages are as follows: Calendar Year Cumulative Electricity Savings Percentage Cumulative Natural Gas Savings Percentage 2015 1.00 0.50 2016 2.00 1.25 2017 3.00 2.00 2018 4.25 3.00 2019 5.50 4.00 2020 7.00 5.00 2021 8.50 6.00 2022 10.00 7.00 2023 11.50 8.00 2024 13.25 9.00 2025 15.00 10.00. (3) Subsequent years (A) Calendar years 2026 through 2040 Not later than December 31, 2023, the Secretary shall promulgate regulations establishing performance standards (expressed as applicable percentages of base quantity for both cumulative electricity savings and cumulative natural gas savings) for each of calendar years 2026 through 2040. (B) Subsequent extensions Except as provided in subparagraph (A), not later than December 31 of the penultimate reporting period for which performance standards have been established under this paragraph, the Secretary shall promulgate regulations establishing performance standards (expressed as applicable percentages of base quantity for both cumulative electricity savings and cumulative natural gas savings) for the 10-calendar-year period following the last calendar year for which performance standards previously were established. (C) Requirements The Secretary shall establish standards under this paragraph at levels reflecting the maximum achievable level of cost-effective energy efficiency potential, taking into account— (i) cost-effective energy savings achieved by leading retail electricity suppliers and retail natural gas suppliers; (ii) opportunities for new codes and standard savings; (iii) technology improvements; and (iv) other indicators of cost-effective energy efficiency potential. (D) Minimum percentage In no case shall the applicable percentages for any calendar year be less than the applicable percentages for calendar year 2025 (including any increase in the standard for calendar year 2025 established pursuant to paragraph (4)). (4) Midcourse review and adjustment of standards (A) In general Not later than December 31, 2020, and at 10-year intervals thereafter, the Secretary shall— (i) review the most recent standards established under paragraph (2) or (3); and (ii) increase the standards by regulation if the Secretary determines that additional cost-effective energy efficiency potential is achievable, taking into account the requirements described in paragraph (3)(C). (B) Lead time If the Secretary revises standards under this paragraph, the regulations shall provide adequate lead time to ensure that compliance with the increased standards is feasible. (5) Delay of submission for first reporting period (A) In general Notwithstanding paragraphs (1) and (2), for the 2015 reporting period, the Secretary may accept a request from a retail electricity supplier or a retail natural gas supplier to delay the required submission of documentation of all or part of the required savings for up to 2 years. (B) Plan for compliance The request for delay under subparagraph (A) shall include a plan for coming into full compliance by the end of the 2016–2017 reporting period. (6) Applying unused savings to future years If savings achieved in a year exceed the performance standards specified in this subsection, any savings in excess of the performance standards may be applied toward performance standards specified for future years. (e) Transfers of electricity or natural gas savings (1) Bilateral contracts for savings transfers Subject to the limitations of this subsection, a retail electricity supplier or retail natural gas supplier may use electricity savings or natural gas savings purchased pursuant to a bilateral contract from another retail electricity supplier or retail natural gas supplier, a State, or a third-party efficiency provider to meet the applicable performance standard under subsection (d). (2) Requirements Electricity savings or natural gas savings purchased and used for compliance under this subsection shall be— (A) measured and verified in accordance with subsection (f); (B) reported in accordance with subsection (d); and (C) achieved within the same State as is served by the retail electricity supplier or retail natural gas supplier. (3) Exception Notwithstanding paragraph (2)(C), a State regulatory authority may authorize a retail electricity supplier or a retail natural gas supplier regulated by the State regulatory authority to purchase savings achieved in a different State, if— (A) the savings are achieved within the same power pool; and (B) the State regulatory authority that regulates the purchaser oversees the measurement and verification of the savings pursuant to the procedures and standards applicable in the State in which the purchaser is located. (4) Regulatory approval Nothing in this subsection limits or affects the authority of a State regulatory authority to require a retail electricity supplier or retail natural gas supplier that is regulated by the State regulatory authority to obtain the authorization or approval of the State regulatory authority of a contract for transfer of electricity savings or natural gas savings under this paragraph. (5) Limitations To optimize the achievement of cost-effective efficiency potential, the Secretary may prescribe such limitations as the Secretary determines appropriate with respect to the proportion of the compliance obligation of a retail electricity or natural gas supplier under the applicable performance standards under subsection (d) that may be met using electricity savings or natural gas savings that are purchased under this subsection. (f) Measurement and verification of savings The regulations promulgated pursuant to subsection (c) shall include— (1) procedures and standards for defining and measuring electricity savings and natural gas savings that can be counted towards the performance standards established under subsection (d), that shall— (A) specify the types of energy efficiency and energy conservation measures that can be counted; (B) require that energy consumption estimates for customer facilities or portions of facilities in the applicable base and current years be adjusted, as appropriate, to account for changes in weather, level of production, and building area; (C) account for the useful life of measures; (D) include assigned savings values for specific, commonly used measures; (E) allow for savings from a program to be estimated based on extrapolation from a representative sample of participating customers; (F) include procedures for calculating and documenting CHP savings, fuel-switching energy savings, and waste heat energy savings; (G) establish methods for calculating codes and standards energy savings, including the use of verified compliance rates; (H) include procedures for calculating and documenting— (i) customer facility savings and reductions in distribution system losses of electricity and natural gas that are achieved as a result of smart grid deployment, as described in section 1301 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17381); and (ii) reductions in natural gas distribution system losses attributable to pipeline repair and replacement programs; (I) count only measures and savings that are additional to business-as-usual customer purchase practices; (J) ensure that the retail electricity supplier or retail natural gas supplier claiming the electricity savings or natural gas savings, including codes and standards savings, played a significant role in achieving the savings (including through the activities of a designated agent of the supplier or through the purchase of transferred electricity savings or natural gas savings); (K) avoid double-counting of savings used for compliance with this section, including transferred savings; (L) include electricity savings or natural gas savings from programs administered by the retail electric supplier or natural gas supplier that are funded by Federal, State, or other sources; (M) credit large customer self-directed electricity savings or natural gas savings to the retail electricity supplier or the retail natural gas supplier if the large customers receive incentives or rate reductions from the retail supplier for self-directed energy efficiency improvements; (N) include procedures for counting electricity savings and natural gas savings achieved by solar water heating, solar light pipe technology, geothermal heat pumps, and other technologies utilizing renewable resources that reduce on-site energy use; (O) in any State in which the State regulatory authority has designated one or more entities to administer electric ratepayer-funded efficiency programs approved by the State regulatory authority, provide that electricity savings and natural gas savings achieved through the programs shall be distributed proportionally among retail electric suppliers and retail natural gas suppliers; and (P) include guidance for utilities to calculate and document business-as-usual consumption projections; and (2) procedures and standards for third-party verification of reported electricity savings or natural gas savings. (g) Enforcement and judicial review (1) Review of retail supplier reports (A) In general The Secretary shall review each report submitted to the Secretary by a retail electricity supplier or retail natural gas supplier under subsection (d) to verify that the applicable performance standards under subsection (d) have been met. (B) Exclusion In determining compliance with the applicable performance standards under subsection (d), the Secretary shall exclude reported electricity savings or natural gas savings that are not adequately demonstrated and documented, in accordance with the regulations promulgated under subsections (d), (e), and (f). (2) Penalty for failure to document adequate savings If a retail electricity supplier or a retail natural gas supplier fails to demonstrate compliance with an applicable performance standard under subsection (d), or to pay to the State an applicable alternative compliance payment under subsection (h)(4), the Secretary shall assess against the retail electricity supplier or retail natural gas supplier a civil penalty for each failure in an amount equal to, as adjusted for inflation in accordance with such regulations as the Secretary may promulgate— (A) $100 per megawatt hour of electricity savings or alternative compliance payment that the retail electricity supplier failed to achieve or make, respectively; or (B) $10 per million Btu of natural gas savings or alternative compliance payment that the retail natural gas supplier failed to achieve or make, respectively. (3) Offsetting state penalties The Secretary shall reduce the amount of any penalty under paragraph (2) by the amount paid by the relevant retail electricity supplier or retail natural gas supplier to a State for failure to comply with the requirements of a State energy efficiency resource standard during the same compliance period, if the State standard— (A) is comparable in type to the Federal standard established under this section; and (B) is more stringent than the applicable performance standards under subsection (d). (4) Enforcement procedures The Secretary shall assess a civil penalty, as provided under paragraph (2), in accordance with the procedures described in section 333(d) of the Energy Policy and Conservation Act ( 42 U.S.C. 6303(d) ). (5) Judicial review (A) In general Any person adversely affected by a final action taken by the Secretary under this section, other than the assessment of a civil penalty, may use the procedures for review described in section 336(b) of the Energy Policy and Conservation Act (42 U.S.C. 6306(b)). (B) Reference In this paragraph, references to a rule in section 336(b) of the Energy Policy and Conservation Act ( 42 U.S.C. 6306(b) ) shall be considered to refer also to all other final actions of the Secretary under this section other than the assessment of a civil penalty. (h) State administration (1) In general Upon receipt of an application from the Governor of a State (including the Mayor of the District of Columbia), the Secretary may delegate to the State responsibility for administering this section within the territory of the State if the Secretary determines that the State will implement an energy efficiency program that meets or exceeds the requirements of this section, including— (A) achieving electricity savings and natural gas savings that are at least as great as those required under the applicable performance standards established under subsection (d); (B) reviewing reports and verifying electricity savings and natural gas savings achieved in the State (including savings transferred from outside the State); and (C) collecting any alternative compliance payments under paragraph (4) and using the payments to implement cost-effective efficiency programs. (2) Secretarial determination Not later than 180 days after the date on which a complete application is received by the Secretary, the Secretary shall make a substantive determination approving or disapproving a State application, after public notice and comment. (3) Alternative measurement and verification procedures and standards As part of an application submitted under paragraph (1), a State may request to use alternative measurement and verification procedures and standards from the procedures and standards described in subsection (f), if the State demonstrates that the alternative procedures and standards provide a level of accuracy of measurement and verification that are at least equivalent to the Federal procedures and standards under subsection (f). (4) Alternative compliance payments (A) In general As part of an application submitted under paragraph (1), a State may permit retail electricity suppliers or retail natural gas suppliers to pay to the State, by not later than April 1 of the calendar year immediately following the applicable reporting period, an alternative compliance payment in an amount equal to, as adjusted for inflation in accordance with such regulations as the Secretary may promulgate, not less than— (i) $50 per megawatt hour of electricity savings needed to make up any deficit with regard to a compliance obligation under the applicable performance standard; or (ii) $5 per million Btu of natural gas savings needed to make up any deficit with regard to a compliance obligation under the applicable performance standard. (B) Use of payments Alternative compliance payments collected by a State under subparagraph (A) shall be used by the State to administer the delegated authority of the State under this section and to implement cost-effective energy efficiency programs that— (i) to the maximum extent practicable, achieve electricity savings and natural gas savings in the State sufficient to make up the deficit associated with the alternative compliance payments; and (ii) can be measured and verified in accordance with the applicable procedures and standards under subsection (f) or paragraph (3), as applicable. (5) Review of state implementation (A) Periodic review Every 2 years, the Secretary shall review State implementation of this section for conformance with the requirements of this section in approximately ½ of the States that have received approval under this subsection to administer the program, so that each State shall be reviewed at least every 4 years. (B) Report To facilitate the review under subparagraph (A), the Secretary may require the State to submit a report demonstrating the conformance of the State with the requirements of this section, including— (i) reports submitted by retail electricity suppliers and retail natural gas suppliers to the State demonstrating compliance with applicable performance standards; (ii) the impact of the standards on projected electricity and natural gas demand within the State; (iii) an accounting of the use of alternative compliance payments by the State and the resulting electricity savings and natural gas savings achieved; and (iv) any other information that the Secretary determines appropriate. (C) Review upon petition Notwithstanding subparagraph (A), upon receipt of a public petition containing credible allegation of substantial deficiencies, the Secretary shall promptly review the State implementation of delegated authority under this section. (D) Deficiencies (i) In general In completing a review under this paragraph, if the Secretary finds deficiencies, the Secretary shall— (I) notify the State of the deficiencies; (II) direct the State to correct the deficiencies; and (III) require the State to report to the Secretary on progress made by not later than 180 days after the date on which the State receives notice under subclause (I). (ii) Substantial deficiencies If the deficiencies are substantial, the Secretary shall— (I) disallow the reported electricity savings or natural gas savings that the Secretary determines are not credible due to deficiencies; (II) re-review the State not later than 2 years after the date on which the original review was completed; and (III) if substantial deficiencies remain uncorrected after the review provided for under subclause (II), revoke the authority of the State to administer the program established under this section. (6) Calls for revision of State applications As a condition of maintaining the delegated authority of a State to administer this section, the Secretary may require a State to submit a revised application under paragraph (1) if the Secretary has— (A) promulgated new or revised performance standards under subsection (d); (B) promulgated new or substantially revised measurement and verification procedures and standards under subsection (f); or (C) otherwise substantially revised the program established under this section. (7) Cost recovery, fixed cost recovery and shareholder incentives State utility regulatory commissions are encouraged to review the rules and regulations of the commission to ensure that utilities under the jurisdiction of the commission can— (A) recover the direct costs of energy efficiency programs; (B) fully recover authorized fixed costs, including lost margins from lower annual sales due to energy efficiency programs; and (C) earn an incentive for shareholders if the energy efficiency standards are achieved. (i) Information and reports In accordance with section 13 of the Federal Energy Administration Act of 1974 ( 15 U.S.C. 772 ), the Secretary may require any retail electricity supplier, retail natural gas supplier, third-party efficiency provider, or any other entity that the Secretary determines appropriate, to provide any information the Secretary determines appropriate to carry out this section. (j) State law Nothing in this section diminishes or qualifies any authority of a State or political subdivision of a State to adopt or enforce any law or regulation respecting electricity savings or natural gas savings, including any law or regulation establishing energy efficiency requirements that are more stringent than those under this section, except that no State law or regulation shall relieve any person of any requirement otherwise applicable under this section. . 6. Program review (a) National academy of sciences review The Secretary of Energy shall enter into a contract with the National Academy of Sciences under which the Academy shall, not later than July 1, 2019, and every 10 years thereafter, submit to Congress, the Federal Energy Regulatory Commission, and the Secretary of Energy a comprehensive evaluation of all aspects of the programs established under this Act and under sections 610 and 611 of the Public Utility Regulatory Policies Act of 1978 (as added by this Act), including— (1) an evaluation of the effectiveness of the programs, including the specific design elements of the programs, in increasing the efficiency of retail natural gas and electricity distribution and consumption and increasing the deployment of renewable electricity capacity; (2) the opportunities for additional technologies and sources of efficiency and renewable electricity that have emerged since the date of enactment of this Act; (3) the impact of the programs on the reliability of electricity and natural gas supply; (4) the net benefits or costs of the programs to the United States and the States, including— (A) the effects on electricity and natural gas demand and prices; (B) the economic development benefits of investment; (C) environmental costs and benefits; (D) the impacts on public health and health care costs; and (E) avoided costs related to environmental and congestion mitigation investments that otherwise would have been required; (5) an assessment of the benefits and costs of increasing the performance standards established under section 611(d) of the Public Utility Regulatory Policies Act of 1978 (as added by this Act); (6) the feasibility, advantages, and disadvantages of alternative models for demonstrating compliance with a Federal energy efficiency resource standard, including— (A) establishing a national trading system for energy efficiency credits; or (B) demonstrating compliance through actual reductions in delivery or sales of electricity and natural gas, rather than on program savings; and (7) recommendations regarding potential changes to this section, to regulations and procedures for implementing this section, or to related public policies. (b) Recommendations to Congress Not later than January 1, 2020, and every 10 years thereafter, the Secretary of Energy shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report making recommendations for modifications and improvements to the programs established under this Act and under sections 610 and 611 of the Public Utility Regulatory Policies Act of 1978 (as added by this Act), including an explanation of the inconsistencies, if any, between the recommendations of the Secretary of Energy and the recommendations included in the evaluation of the National Academy of Sciences under paragraph (1). 7. Conforming amendment The table of contents of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. prec. 2601) is amended by adding at the end of the items relating to title VI the following: Sec. 609. Rural and remote communities electrification grants. Sec. 610. Federal renewable electricity standard. Sec. 611. Federal energy efficiency resource standard for retail electricity and natural gas suppliers. .
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https://www.govinfo.gov/content/pkg/BILLS-113hr5072ih/xml/BILLS-113hr5072ih.xml
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113-hr-5073
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I 113th CONGRESS 2d Session H. R. 5073 IN THE HOUSE OF REPRESENTATIVES July 10, 2014 Mr. Welch (for himself and Mr. Cartwright ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To enhance consumer access to electricity information and allow for the adoption of innovative products and services to help consumers manage their energy usage.
1. Short title This Act may be cited as the Access to Consumer Energy Information Act or the E-Access Act . 2. Definition of Secretary In this Act, the term Secretary means the Secretary of Energy. 3. Consumer access to electric energy information (a) In general The Secretary shall encourage and support the adoption of policies that allow electricity consumers access to their own electricity data. (b) Eligibility for State energy plans Section 362(d) of the Energy Policy and Conservation Act ( 42 U.S.C. 6322(d) ) is amended— (1) in paragraph (16), by striking and after the semicolon at the end; (2) by redesignating paragraph (17) as paragraph (18); and (3) by inserting after paragraph (16) the following: (17) programs— (A) to enhance consumer access to and understanding of energy usage and price information, including consumers’ own residential and commercial electricity information; and (B) to allow for the development and adoption of innovative products and services to assist consumers in managing energy consumption and expenditures; and . (c) Voluntary guidelines for electric consumer access (1) Definitions In this subsection: (A) Retail electric energy information The term retail electric energy information means— (i) the electric energy consumption of an electric consumer over a defined time period; (ii) the retail electric energy prices or rates applied to the electricity usage for the defined time period described in clause (i) for the electric consumer; (iii) the estimated cost of service by the consumer, including (if smart meter usage information is available) the estimated cost of service since the last billing cycle of the consumer; and (iv) in the case of nonresidential electric meters, any other electrical information that the meter is programmed to record (such as demand measured in kilowatts, voltage, frequency, current, and power factor). (B) Smart meter The term smart meter means the device used by an electric utility that— (i) (I) measures electric energy consumption by an electric consumer at the home or facility of the electric consumer in intervals of 1 hour or less; and (II) is capable of sending electric energy usage information through a communications network to the electric utility; or (ii) meets the guidelines issued under paragraph (2). (2) Voluntary guidelines for electric consumer access (A) In general Not later than 180 days after the date of enactment of this Act, subject to subparagraph (B), the Secretary shall issue voluntary guidelines that establish model standards for implementation of retail electric energy information access in States. (B) Consultation Before issuing the voluntary guidelines, the Secretary shall— (i) consult with— (I) State and local regulatory authorities, including the National Association of Regulatory Utility Commissioners; (II) other appropriate Federal agencies, including the National Institute of Standards and Technology; (III) consumer and privacy advocacy groups; (IV) utilities; (V) the National Association of State Energy Officials; and (VI) other appropriate entities, including groups representing commercial and residential building owners and groups that represent demand response and electricity data devices and services; and (ii) provide notice and opportunity for comment. (C) State and local regulatory action In issuing the voluntary guidelines, the Secretary shall, to the maximum extent practicable, be guided by actions taken by State and local regulatory authorities to ensure electric consumer access to retail electric energy information, including actions taken after consideration of the standard established under section 111(d)(17) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2621(d)(17) ). (D) Contents (i) In general The voluntary guidelines shall provide guidance on issues necessary to carry out this subsection, including— (I) the timeliness and specificity of retail electric energy information; (II) appropriate nationally recognized open standards for data; (III) the protection of data security and electric consumer privacy, including consumer consent requirements; and (IV) issues relating to access of electric energy information for owners and managers of multitenant commercial and residential buildings. (ii) Inclusions The voluntary guidelines shall include guidance that— (I) retail electric energy information should be made available to electric consumers (and third-party designees of the electric consumers) in the United States— (aa) in an electronic machine readable form, without additional charge, in conformity with standards developed through a voluntary, consensus-based, multistakeholder process; (bb) in as close to real-time as is reasonably practicable; (cc) at the level of specificity that the data is transmitted by the meter or as is reasonably practicable; and (dd) in a manner that provides adequate protections for the security of the information and the privacy of the electric consumer; (II) electric utilities should, when a smart meter is servicing a consumer, communicate energy usage information to a device or network of an electric consumer or a device or network of a third party authorized by the consumer, and where feasible should provide to the consumer or third-party designee, at a minimum, access to usage information (not including price information) of the consumer directly from the smart meter in as close to real-time as is reasonably practicable; (III) retail electric energy information should be provided by the electric utility of the consumer or such other entity as may be designated by the applicable electric retail regulatory authority; (IV) retail electric energy information of the consumer should be made available to the consumer through a website or other electronic access authorized by the electric consumer, for a period of at least 13 months after the date on which the usage occurred; (V) consumer access to data, including data provided to owners and managers of commercial and multifamily buildings with multiple tenants, should not interfere with or compromise the integrity, security, or privacy of the operations of a utility and the electric consumer; (VI) electric energy information relating to usage information generated by devices in or on the property of the consumer that is transmitted to the electric utility should be made available to the electric consumer or the third-party agent designated by the electric consumer; and (VII) the same privacy and security requirements applicable to the contracting utility should apply to third-party agents contracting with a utility to process the customer data of that utility. (E) Revisions The Secretary shall periodically review and, as necessary, revise the voluntary guidelines to reflect changes in technology, privacy needs, and the market for electric energy and services. (d) Verification and implementation (1) In general A State may submit to the Secretary a description of the data sharing policies of the State relating to consumer access to electric energy information for certification by the Secretary that the policies meet the voluntary guidelines issued under subsection (c)(2). (2) Assistance Subject to the availability of funds under paragraph (3), the Secretary shall make Federal amounts available to any State that has data sharing policies described in paragraph (1) that the Secretary certifies meets the voluntary guidelines issued under subsection (c)(2) to assist the State in implementing section 362(d)(17) of the Energy Policy and Conservation Act (42 U.S.C. 6322(d)(17)). (3) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $10,000,000 for fiscal year 2015, to remain available until expended.
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113-hr-5074
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I 113th CONGRESS 2d Session H. R. 5074 IN THE HOUSE OF REPRESENTATIVES July 11, 2014 Mr. Tipton introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committee on Agriculture , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Federal Land Policy and Management Act of 1976 to improve the transparency and oversight of land conveyances involving the sale, exchange, or other disposal of National Forest System lands or public lands under the jurisdiction of the Bureau of Land Management or the acquisition of non-Federal lands for inclusion in the National Forest System or administration as public lands, and for other purposes.
1. Short title This Act may be cited as the Land Adjacency Notification and Disclosure Act or LAND Act . 2. Additional requirements for Forest Service and Bureau of Land Management land acquisitions and conveyances (a) Notice to adjacent landowners (1) Land acquisitions Section 205 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1715 ) is amended by adding at the end the following new subsection: (f) Notice to adjacent landowners As part of the acquisition of a parcel of non-Federal lands under this section, section 206, or other applicable law that will become public lands or National Forest System lands, the Secretary or the Secretary of Agriculture, as the case may be, shall provide advance written notification to each owner of land that is adjacent to the parcel of land to be acquired. To assist in identifying adjacent landowners, the Secretary concerned should use the most recently available tax records. . (2) Land conveyances Section 208 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1718 ) is amended— (A) by inserting (a) Issuance of patent and other conveyance documents .— before the first sentence and (b) Other terms and conditions .— before the second sentence; and (B) by adding at the end the following new subsection: (c) Notice to adjacent landowners As part of the conveyance of a parcel of public lands or National Forest System lands by sale, exchange, or other disposal method under section 203 or 206 or other applicable law, the Secretary or the Secretary of Agriculture, as the case may be, shall provide advance written notification to each owner of land that is adjacent to the parcel of land to be conveyed. To assist in identifying adjacent landowners, the Secretary concerned should use the most recently available tax records. . (b) Oversight of use of third-Party facilitators (1) Acquisition Section 205 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1715 ) is amended by inserting after subsection (f), as added by subsection (a)(1), the following new subsection: (g) Oversight of use of third-Party facilitators (1) If the acquisition process for a parcel of non-Federal lands under this section, section 206, or other applicable law that will become public lands or National Forest System lands involves the use of a third-party facilitator, the Secretary or the Secretary of Agriculture, as the case may be, shall require, as a condition of the approval of the acquisition— (A) submission of all purchase contracts and related agreements held by the third-party facilitator related to the parcel to be acquired; and (B) supervisor review of such purchase contracts and related agreements, the purpose of the acquisition, and other terms and conditions of the acquisition. (2) In this subsection, the term third-party facilitator means any entity (other than an agent of the United States) whose role in a real estate transaction is to assist the buyer or seller, or both, in reaching agreement in the transaction. . (2) Land conveyances Section 208 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1718 ) is amended by inserting after subsection (c), as added by subsection (a)(2), the following new subsection: (d) Oversight of use of third-Party facilitators (1) If the process by which a parcel of public lands or National Forest System lands will be conveyed by sale, exchange, or other disposal method under section 203 or 206 or other applicable law, involves the use of a third-party facilitator, the Secretary or the Secretary of Agriculture, as the case may be, shall require, as a condition of the approval of the conveyance— (A) submission of all purchase contracts and related agreements held by the third-party facilitator related to the Federal land to be conveyed; (B) submission to appraisers of contact information for prospective end owners of the Federal land to be conveyed; and (C) supervisor review of such purchase contracts and related agreements, the purpose of the conveyance, and other terms and conditions of the conveyance. (2) In this subsection, the term third-party facilitator means any entity (other than an agent of the United States) whose role in a real estate transaction is to assist the buyer or seller, or both, in reaching agreement in the transaction. .
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113-hr-5075
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I 113th CONGRESS 2d Session H. R. 5075 IN THE HOUSE OF REPRESENTATIVES July 11, 2014 Mr. Tipton introduced the following bill; which was referred to the Committee on Natural Resources A BILL To provide protections and certainty for private landowners related to resurveying certain Federal land under the administrative jurisdiction of the Bureau of Land Management, and for other purposes.
1. Short title This Act may be cited as the Resurveys Entitle Adjacent Landowners to Protection Act or the REAL Protection Act . 2. Bureau Resurvey Transparency; Notice requirements (a) Notice (1) In general Not later than 30 days before the commencement of a resurvey of Federal land under the administrative jurisdiction of the Bureau of Land Management, the Secretary shall notify all property owners with land abutting or adjacent to the Federal land being resurveyed of the pending resurvey. If a resurvey extends the boundaries of Federal land, the Secretary shall notify affected landowners of the results of the resurvey not later than 30 days after the completion of the survey. (2) Notification The Secretary shall use certified or registered mail to notify landowners under this subsection. (3) Identification of landowners When identifying affected landowners for the purpose of notification under this subsection, the Secretary shall use the most recently available tax records. (b) Public comment Not later than 30 days after completing a resurvey, the Secretary shall publish a notice in the Federal Register. Affected landowners may comment to the Secretary and by submitting formal comments to the Federal Register notice. 3. Protection of persons If a resurvey results in land previously thought to be privately owned to be reclassified as Federal land, the persons thought to be a private owner of such land— (1) shall— (A) be given the right of first refusal to purchase the land for fair market value minus the value of any significant improvements made to such lands; or (B) be reimbursed for the fair market value of any significant improvements made to such lands; and (2) may not be charged with willful trespass onto such land unless the person used such lands with the knowledge that the lands should be classified as Federal land. 4. Definitions For the purposes of this Act: (1) Resurvey The term resurvey means a reconstruction of land boundaries and subdivisions accomplished by remarking the lines represented in the field-note record or on the plat of a previous official survey. (2) Secretary The term Secretary means the Secretary of the Interior, acting through the Director of the Bureau of Land Management.
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113-hr-5076
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I 113th CONGRESS 2d Session H. R. 5076 IN THE HOUSE OF REPRESENTATIVES AN ACT To amend the Runaway and Homeless Youth Act to increase knowledge concerning, and improve services for, runaway and homeless youth who are victims of trafficking.
1. Short title This Act may be cited as the Enhancing Services for Runaway and Homeless Victims of Youth Trafficking Act of 2014 . 2. Amendments The Runaway and Homeless Youth Act ( 42 U.S.C. 5701 et seq. ) is amended— (1) in section 343(b)(5)— (A) in subparagraph (A) by inserting , severe forms of trafficking in persons (as defined in section 103(9) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(9) )), and sex trafficking (as defined in section 103(10) of such Act ( 22 U.S.C. 7102(10) )) before the semicolon at the end; (B) in subparagraph (B) by inserting , severe forms of trafficking in persons (as defined in section 103(9) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(9) )), and sex trafficking (as defined in section 103(10) of such Act ( 22 U.S.C. 7102(10) )) after assault ; and (C) in subparagraph (C) by inserting , including such youth who are victims of trafficking (as defined in section 103(15) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(15) )) before the semicolon at the end; and (2) in section 351(a) by striking or sexual exploitation and inserting sexual exploitation, severe forms of trafficking in persons (as defined in section 103(9) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(9) )), or sex trafficking (as defined in section 103(10) of such Act ( 22 U.S.C. 7102(10) )) .
Passed the House of Representatives July 23, 2014. Karen L. Haas, Clerk.
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113-hr-5077
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I 113th CONGRESS 2d Session H. R. 5077 IN THE HOUSE OF REPRESENTATIVES July 11, 2014 Mrs. Capito introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend the Federal Water Pollution Control Act to provide guidance and clarification regarding issuing new and renewal permits, and for other purposes.
1. Short title This Act may be cited as the Coal Jobs Protection Act of 2014 . 2. National pollutant discharge elimination system (a) Applicability of guidance Section 402 of the Federal Water Pollution Control Act ( 33 U.S.C. 1342 ) is amended by adding at the end the following: (s) Applicability of guidance (1) Definitions In this subsection: (A) Guidance (i) In general The term guidance means draft, interim, or final guidance issued by the Administrator. (ii) Inclusions The term guidance includes— (I) the interim guidance memorandum issued by the Administrator on April 1, 2010, entitled Detailed Guidance: Improving EPA Review of Appalachian Surface Coal Mining Operations under the Clean Water Act, National Environmental Policy Act, and the Environmental Justice Executive Order ; (II) the proposed guidance described in the notice of availability and request for comments entitled EPA and Army Corps of Engineers Guidance Regarding Identification of Waters Protected by the Clean Water Act (76 Fed. Reg. 24479 (May 2, 2011)); (III) the final guidance memorandum issued by the Administrator on July 21, 2011, entitled Improving EPA Review of Appalachian Surface Coal Mining Operations Under the Clean Water Act, National Environmental Policy Act, and the Environmental Justice Executive Order ; (IV) the proposed guidance submitted to the Office of Information and Regulatory Affairs of the Office of Management and Budget for regulatory review under Executive Order 12866 entitled Guidance on Identifying Waters Protected By the Clean Water Act and dated February 17, 2012 (referred to as Clean Water Protection Guidance , Regulatory Identifier Number (RIN) 2040–ZA11, received February 21, 2012); (V) any successor document to, or any substantially similar guidance based in whole or in part on, any of the foregoing guidance documents; and (VI) any other document or paper proposed or issued by the Administrator through any process other than the notice and comment rulemaking process. (B) New permit The term new permit means a permit covering discharges from a point source— (i) that is issued under this section by a permitting authority; and (ii) for which an application is— (I) pending as of the date of enactment of this subsection; or (II) filed on or after the date of enactment of this subsection. (C) Permitting authority The term permitting authority means— (i) the Administrator; or (ii) a State, acting pursuant to a permit program under subsection (b). (2) Permits (A) In general Notwithstanding any other provision of law, in making a determination whether to approve a new permit or a renewed permit, the permitting authority— (i) shall base the determination only on compliance with regulations issued by the Administrator or the permitting authority; and (ii) shall not base the determination on the extent of adherence of the applicant for the new permit or renewed permit to guidance. (B) New permits If the permitting authority does not approve or deny an application for a new permit by the date that is 270 days after the date of receipt of a substantially complete application for the new permit, the applicant may discharge as if the application were approved in accordance with Federal law for the period of time for which a similar permit would be approved. (C) Substantial completeness In determining whether an application for a new permit or a renewed permit received under this paragraph is substantially complete, the permitting authority shall use standards for determining substantial completeness of similar permits for similar facilities submitted in fiscal year 2007. . (b) State permit programs (1) In general Section 402 of the Federal Water Pollution Control Act ( 33 U.S.C. 1342 ) is amended by striking subsection (b) and inserting the following: (b) State permit programs (1) In general At any time after the promulgation of the guidelines required by section 304(i)(2), the Governor of each State desiring to administer a permit program for discharges into navigable waters within the jurisdiction of the State may submit to the Administrator— (A) a full and complete description of the program the State proposes to establish and administer under State law or under an interstate compact; and (B) a statement from the attorney general (or the attorney for those State water pollution control agencies that have independent legal counsel), or from the chief legal officer in the case of an interstate agency, that the laws of the State, or the interstate compact, as applicable, provide adequate authority to carry out the described program. (2) Approval The Administrator shall approve each program for which a description is submitted under paragraph (1) unless the Administrator determines that adequate authority does not exist— (A) to issue permits that— (i) apply, and ensure compliance with, any applicable requirements of sections 301, 302, 306, 307, and 403; (ii) are for fixed terms not exceeding 5 years; (iii) can be terminated or modified for cause, including— (I) a violation of any condition of the permit; (II) obtaining a permit by misrepresentation or failure to disclose fully all relevant facts; and (III) a change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge; and (iv) control the disposal of pollutants into wells; (B) (i) to issue permits that apply, and ensure compliance with, all applicable requirements of section 308; or (ii) to inspect, monitor, enter, and require reports to at least the same extent as required in section 308; (C) to ensure that the public, and any other State the waters of which may be affected, receives notice of each application for a permit and an opportunity for a public hearing before a ruling on each application; (D) to ensure that the Administrator receives notice and a copy of each application for a permit; (E) to ensure that any State (other than the permitting State), the waters of which may be affected by the issuance of a permit may submit written recommendations to the permitting State and the Administrator with respect to any permit application and, if any part of the written recommendations are not accepted by the permitting State, that the permitting State will notify the affected State and the Administrator in writing of the failure of the permitting State to accept the recommendations, including the reasons for not accepting the recommendations; (F) to ensure that no permit will be issued if, in the judgment of the Secretary of the Army acting through the Chief of Engineers, after consultation with the Secretary of the department in which the Coast Guard is operating, anchorage and navigation of any of the navigable waters would be substantially impaired by the issuance of the permit; (G) to abate violations of the permit or the permit program, including civil and criminal penalties and other means of enforcement; (H) to ensure that any permit for a discharge from a publicly owned treatment works includes conditions to require the identification in terms of character and volume of pollutants of any significant source introducing pollutants subject to pretreatment standards under section 307(b) into the treatment works and a program to ensure compliance with those pretreatment standards by each source, in addition to adequate notice, which shall include information on the quality and quantity of effluent to be introduced into the treatment works and any anticipated impact of the change in the quantity or quality of effluent to be discharged from the publicly owned treatment works, to the permitting agency of— (i) new introductions into the treatment works of pollutants from any source that would be a new source as defined in section 306 if the source were discharging pollutants; (ii) new introductions of pollutants into the treatment works from a source that would be subject to section 301 if the source were discharging those pollutants; or (iii) a substantial change in volume or character of pollutants being introduced into the treatment works by a source introducing pollutants into the treatment works at the time of issuance of the permit; and (I) to ensure that any industrial user of any publicly owned treatment works will comply with sections 204(b), 307, and 308. . (2) Conforming amendments (A) Federal enforcement Section 309 of the Federal Water Pollution Control Act ( 33 U.S.C. 1319 ) is amended— (i) in subsection (c)— (I) in paragraph (1)(A), by striking 402(b)(8) and inserting 402(b)(2)(H) ; and (II) in paragraph (2)(A), by striking 402(b)(8) and inserting 402(b)(2)(H) ; and (ii) in subsection (d), in the first sentence, by striking 402(b)(8) and inserting 402(b)(2)(H) . (B) Additional pretreatment Section 402(m) of the Federal Water Pollution Control Act ( 33 U.S.C. 1342(m) ) is amended in the first sentence by striking subsection (b)(8) of this section and inserting subsection (b)(2)(H) . 3. Permits for dredged or fill material (a) In general Section 404(a) of the Federal Water Pollution Control Act ( 33 U.S.C. 1344(a) ) is amended— (1) by striking (a) The Secretary may issue and inserting the following: (a) Permits (1) In general The Secretary may issue ; and (2) by adding at the end the following: (2) Deadline for approval (A) Permit applications (i) In general Except as provided in clause (ii), if an environmental assessment or environmental impact statement, as appropriate, is required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), the Secretary shall— (I) ensure that the environmental review process begins not later than 90 days after the date on which the Secretary receives a permit application; and (II) approve or deny an application for a permit under this subsection not later than— (aa) if an agency carries out an environmental assessment that leads to a finding of no significant impact, the date on which the finding of no significant impact is issued; or (bb) if an agency carries out an environmental assessment that leads to a record of decision, 15 days after the date on which the record of decision on the environmental impact statement is issued. (ii) Processes Notwithstanding clause (i), regardless of whether the Secretary has commenced an environmental assessment or environmental impact statement by the date described in clause (i)(I), the following deadlines shall apply: (I) An environmental assessment carried out under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall be completed not later than 1 year after the deadline for commencing the environmental review process under clause (i)(I). (II) An environmental impact statement carried out under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) shall be completed not later than 2 years after the deadline for commencing the environmental review process under clause (i)(I). (B) Failure to act If the Secretary fails to act by the deadline specified in clause (i) or (ii) of subparagraph (A)— (i) the application, and the permit requested in the application, shall be considered to be approved; (ii) the Secretary shall issue a permit to the applicant; and (iii) the permit shall not be subject to judicial review. . (b) State permitting programs Section 404(c) of the Federal Water Pollution Control Act ( 33 U.S.C. 1344(c) ) is amended— (1) by striking (c) and inserting (c)(1) ; and (2) by adding at the end the following: (2) Paragraph (1) shall not apply to any permit if the State in which the discharge originates or will originate does not concur with the Administrator’s determination that the discharge will result in an unacceptable adverse effect as described in paragraph (1). . (c) State programs The first sentence of section 404(g)(1) of such Act ( 33 U.S.C. 1344(g)(1) ) is amended by striking for the discharge and inserting for some or all of the discharges . (d) Deadline for agency comments Section 404 of such Act ( 33 U.S.C. 1344 ) is amended— (1) in subsection (m) by striking ninetieth day and inserting 30th day (or the 60th day if additional time is requested) ; and (2) in subsection (q)— (A) by striking (q) and inserting (q)(1) ; and (B) by adding at the end the following: (2) The Administrator and the head of a department or agency referred to in paragraph (1) shall each submit any comments with respect to an application for a permit under subsection (a) or (e) not later than the 30th day (or the 60th day if additional time is requested) after the date of receipt of an application for a permit under that subsection. . 4. Impacts of EPA regulatory activity on employment and economic activity (a) Analysis of impacts of actions on employment and economic activity (1) Analysis Before taking a covered action, the Administrator shall analyze the impact, disaggregated by State, of the covered action on employment levels and economic activity, including estimated job losses and decreased economic activity. (2) Economic models (A) In general In carrying out paragraph (1), the Administrator shall utilize the best available economic models. (B) Annual GAO report Not later than December 31 of each year, the Comptroller General of the United States shall submit to Congress a report on the economic models used by the Administrator to carry out this subsection. (3) Availability of information With respect to any covered action, the Administrator shall— (A) post the analysis under paragraph (1) as a link on the main page of the public Internet Web site of the Environmental Protection Agency; and (B) request that the Governor of any State experiencing more than a de minimis negative impact post such analysis in the Capitol of such State. (b) Public hearings (1) In general If the Administrator concludes under subsection (a)(1) that a covered action will have more than a de minimis negative impact on employment levels or economic activity in a State, the Administrator shall hold a public hearing in the State at least 30 days prior to the effective date of the covered action. (2) Time, location, and selection A public hearing required under paragraph (1) shall be held at a convenient time and location for impacted residents. In selecting a location for such a public hearing, the Administrator shall give priority to locations in the State that will experience the greatest number of job losses. (c) Notification If the Administrator concludes under subsection (a)(1) that a covered action will have more than a de minimis negative impact on employment levels or economic activity in a State, the Administrator shall give notice of such impact to the State’s congressional delegation, Governor, and legislature at least 45 days before the effective date of the covered action. (d) Definitions In this section, the following definitions apply: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Covered action The term covered action means any of the following actions taken by the Administrator under the Federal Water Pollution Control Act ( 33 U.S.C. 1201 et seq. ): (A) Issuing a regulation, policy statement, guidance, response to a petition, or other requirement. (B) Implementing a new or substantially altered program. (3) More than a de minimis negative impact The term more than a de minimis negative impact means either of the following: (A) With respect to employment levels, a loss of more than 100 jobs. Any offsetting job gains that result from the hypothetical creation of new jobs through new technologies or government employment may not be used in the job loss calculation. (B) With respect to economic activity, a decrease in economic activity of more than $1,000,000 over any calendar year. Any offsetting economic activity that results from the hypothetical creation of new economic activity through new technologies or government employment may not be used in the economic activity calculation. 5. State authority to identify waters within its boundaries Section 303 of the Federal Water Pollution Control Act ( 33 U.S.C. 1313 ) is amended by striking subsection (d)(2) and inserting the following: (2) (A) Each State shall submit to the Administrator from time to time, with the first such submission not later than 180 days after the date of publication of the first identification of pollutants under section 304(a)(2)(D), the waters identified and the loads established under paragraphs (1)(A), (1)(B), (1)(C), and (1)(D) of this subsection. The Administrator shall approve the State identification and load or announce his disagreement with the State identification and load not later than 30 days after the date of submission, and if— (i) the Administrator approves the identification and load submitted by the State in accordance with this subsection, such State shall incorporate them into its current plan under subsection (e); and (ii) the Administrator announces his disagreement with the identification and load submitted by the State in accordance with this subsection, the Administrator shall submit, not later than 30 days after the date on which such announcement is made, to the State his written recommendation of those additional waters that he identifies and such loads for such waters as he believes are necessary to implement the water quality standards applicable to such waters. (B) Upon receipt of the Administrator’s recommendation the State shall within 30 days either— (i) disregard the Administrator’s recommendation in full and incorporate its own identification and load into its current plan under subsection (e); (ii) accept the Administrator’s recommendation in full and incorporate its identification and load as amended by the Administrator’s recommendation into its current plan under subsection (e); or (iii) accept the Administrator’s recommendation in part, identifying certain additional waters and certain additional loads proposed by the Administrator to be added to such State’s identification and load and incorporate such State’s identification and load as amended into its current plan under subsection (e). (C) (i) If the Administrator fails to either approve the State identification and load or announce his disagreement with the State identification and load within the time specified in this subsection, then such State’s identification and load is deemed approved and such State shall incorporate the identification and load that it submitted into its current plan under subsection (e). (ii) If the Administrator announces his disagreement with the State identification and load but fails to submit his written recommendation to the State within 30 days as required by subparagraph (A)(ii) then such State’s identification and load is deemed approved and such State shall incorporate the identification and load that it submitted into its current plan under subsection (e). (D) This paragraph shall apply to any decision made by the Administrator under this subsection issued on or after March 1, 2013. . 6. Definition of fill material Section 502 of the Federal Water Pollution Control Act ( 33 U.S.C. 1362 ) is amended by adding at the end the following: (27) Fill material (A) In general The term fill material means any material placed in waters of the United States where the material has the effect of— (i) replacing any portion of a water of the United States with dry land; or (ii) changing the bottom elevation of any portion of a water of the United States. (B) Inclusions The term fill material includes— (i) rock; (ii) sand; (iii) soil; (iv) clay; (v) plastics; (vi) construction debris; (vii) wood chips; (viii) overburden from mining or other excavation activities; and (ix) materials used to create any structure or infrastructure in the waters of the United States. (C) Exclusions The term fill material does not apply to trash or garbage. . 7. Applicability of amendments Except as otherwise specifically provided, the amendments made by this Act shall apply to actions taken on or after the date of enactment of this Act, including actions taken with respect to permit applications pending, or revised or new standards in the process of being promulgated, on such date of enactment.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5077ih/xml/BILLS-113hr5077ih.xml
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113-hr-5078
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I 113th CONGRESS 2d Session H. R. 5078 IN THE HOUSE OF REPRESENTATIVES July 11, 2014 Mr. Southerland (for himself, Mr. Shuster , Mr. Rahall , Mrs. Capito , Mr. Peterson , Mr. Crawford , Mr. Matheson , Mr. Gibbs , Mr. Schrader , Mr. Ribble , Mr. Enyart , Mr. Mullin , Mr. Jolly , and Mr. Lucas ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To preserve existing rights and responsibilities with respect to waters of the United States, and for other purposes.
1. Short title This Act may be cited as the Waters of the United States Regulatory Overreach Protection Act of 2014 . 2. Rules and guidance (a) Identification of waters protected by the Clean Water Act (1) In general The Secretary and the Administrator are prohibited from— (A) developing, finalizing, adopting, implementing, applying, administering, or enforcing— (i) the proposed rule described in the notice of proposed rule published in the Federal Register entitled Definition of Waters of the United States Under the Clean Water Act (79 Fed. Reg. 22188 (April 21, 2014)); or (ii) the proposed guidance submitted to the Office of Information and Regulatory Affairs of the Office of Management and Budget for regulatory review under Executive Order 12866, entitled Guidance on Identifying Waters Protected By the Clean Water Act and dated February 17, 2012 (referred to as Clean Water Protection Guidance , Regulatory Identifier Number (RIN) 2040–ZA11, received February 21, 2012); or (B) using the proposed rule or proposed guidance described in subparagraph (A), any successor document, or any substantially similar proposed rule or guidance, as the basis for any rulemaking or decision regarding the scope or enforcement of the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ). (2) Use of rules and guidance The use of the proposed rule or proposed guidance described in paragraph (1)(A), any successor document, or any substantially similar proposed rule or guidance, as the basis for any rulemaking or decision regarding the scope or enforcement of the Federal Water Pollution Control Act shall be grounds for vacating the final rule, decision, or enforcement action. (b) Exemption for certain agricultural conservation practices (1) In general The Secretary and the Administrator are prohibited from developing, finalizing, adopting, implementing, applying, administering, or enforcing the interpretive rule described in the notice of availability published in the Federal Register entitled Notice of Availability Regarding the Exemption from Permitting Under Section 404(f)(1)(A) of the Clean Water Act to Certain Agricultural Conservation Practices (79 Fed. Reg. 22276 (April 21, 2014)). (2) Withdrawal The Secretary and the Administrator shall withdraw the interpretive rule described in paragraph (1), and such interpretive rule shall have no force or effect. (3) Application Section 404(f)(1)(A) of the Federal Water Pollution Control Act ( 33 U.S.C. 1344(f)(1)(A) ) shall be applied without regard to the interpretive rule described in paragraph (1). 3. Federalism consultation (a) In general The Secretary and the Administrator shall jointly consult with relevant State and local officials to develop recommendations for a regulatory proposal that would, consistent with applicable rulings of the United States Supreme Court, identify— (1) the scope of waters covered under the Federal Water Pollution Control Act; and (2) the scope of waters not covered under such Act. (b) Consultation requirements In developing the recommendations under subsection (a), the Secretary and the Administrator shall— (1) provide relevant State and local officials with notice and an opportunity to participate in the consultation process under subsection (a); (2) seek to consult State and local officials that represent a broad cross-section of regional, economic, and geographic perspectives in the United States; (3) emphasize the importance of collaboration with and among the relevant State and local officials; (4) allow for meaningful and timely input by State and local officials; (5) be respectful of maintaining the Federal-State partnership in implementing the Federal Water Pollution Control Act; (6) take into consideration the input of State and local officials regarding matters involving differences in State and local geography, hydrology, climate, legal frameworks, economies, priorities, and needs; (7) promote transparency in the consultation process under subsection (a); and (8) explore with State and local officials whether Federal objectives under the Federal Water Pollution Control Act can be attained by means other than through a new regulatory proposal. (c) Reports (1) In general Not later than 12 months after the date of the enactment of this Act, the Secretary and the Administrator shall publish in the Federal Register a draft report describing the recommendations developed under subsection (a). (2) Consensus requirement The Secretary and the Administrator may include a recommendation in the draft report only if consensus has been reached with regard to the recommendation among the Secretary, the Administrator, and the State and local officials consulted under subsection (a). (3) Failure to reach consensus If the Secretary, the Administrator, and the State and local officials consulted under subsection (a) fail to reach consensus on a regulatory proposal, the draft report shall identify that consensus was not reached and describe— (A) the areas and issues where consensus was reached; (B) the areas and issues of continuing disagreement that resulted in the failure to reach consensus; and (C) the reasons for the continuing disagreements. (4) Duration of review The Secretary and the Administrator shall provide not fewer than 180 days for the public review and comment of the draft report. (5) Final report The Secretary and the Administrator shall, in consultation with the relevant State and local officials, address any comments received under paragraph (4) and prepare a final report describing the final results of the consultation process under subsection (a). (d) Submission of report to Congress Not later than 24 months after the date of enactment of this Act, the Secretary and the Administrator shall jointly submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate and make publicly available the final report prepared under subsection (c)(5). 4. Definitions In this Act, the following definitions apply: (1) Secretary The term Secretary means the Secretary of the Army. (2) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (3) State and local officials The term State and local officials means elected or professional State and local government officials or their representative regional or national organizations.
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113-hr-5079
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I 113th CONGRESS 2d Session H. R. 5079 IN THE HOUSE OF REPRESENTATIVES July 11, 2014 Mr. Calvert (for himself, Mr. Hunter , Mr. Cook , Mr. Rohrabacher , Mr. Royce , Mr. McClintock , Mr. Gary G. Miller of California , Mr. Issa , Mr. Nunes , Mr. Campbell , Mr. LaMalfa , Mr. McKeon , Mr. Rigell , Mr. Heck of Nevada , Mr. Stivers , Mr. Young of Alaska , Mr. Joyce , Mr. Farenthold , and Mr. Cole ) 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 repatriation of unaccompanied alien children, and for other purposes.
1. Repatriation of unaccompanied alien children Section 235(a) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(a) ) 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 striking countries contiguous to the United States and inserting any 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) .
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https://www.govinfo.gov/content/pkg/BILLS-113hr5079ih/xml/BILLS-113hr5079ih.xml
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113-hr-5080
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I 113th CONGRESS 2d Session H. R. 5080 IN THE HOUSE OF REPRESENTATIVES July 11, 2014 Mr. Farenthold introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to extend the period of time for which a conditional permit to land temporarily may be granted to an alien crewman.
1. Short title This Act may be cited as the Landing Pass Extension Act of 2014 . 2. Period of time for a conditional permit to land temporarily extended Section 252(a)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1282(a)(1) ) is amended by striking (not exceeding twenty-nine days) and inserting (not exceeding 90 days) .
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https://www.govinfo.gov/content/pkg/BILLS-113hr5080ih/xml/BILLS-113hr5080ih.xml
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113-hr-5081
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I 113th CONGRESS 2d Session H. R. 5081 IN THE HOUSE OF REPRESENTATIVES AN ACT To amend the Child Abuse Prevention and Treatment Act to enable State child protective services systems to improve the identification and assessment of child victims of sex trafficking, and for other purposes.
1. Short title This Act may be cited as the Strengthening Child Welfare Response to Trafficking Act of 2014 . 2. CAPTA Amendments Section 106 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106a ) is amended— (1) in subsection (b)— (A) in paragraph (2)(B)— (i) by striking and at the end of clause (xxii); and (ii) by adding at the end the following: (xxiv) provisions and procedures to identify and assess reports involving children who are sex trafficking victims, and which may include provisions and procedures to identify and assess reports involving children who are victims of severe forms of trafficking in persons described in section of 103(9)(B) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(9)(B) ); (xxv) provisions and procedures for training representatives of the State child protective services systems about identifying and assessing children who are sex trafficking victims, and which may include provisions and procedures for such training with respect to children who are victims of severe forms of trafficking in persons described in section of 103(9)(B) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(9)(B) ); and (xxvi) provisions and procedures for identifying services (including the services provided by State law enforcement officials, the State juvenile justice system, and social service agencies, such as runaway and homeless youth shelters) and procedures for appropriate referral to address the needs of children who are sex trafficking victims, and which may include provisions and procedures for the identification of such services and procedures with respect to children who are victims of severe forms of trafficking in persons described in section of 103(9)(B) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(9)(B) ); ; (B) in paragraph (2)(D)— (i) by striking and at the end of clause (v); (ii) by inserting and at the end of clause (vi); and (iii) by adding at the end the following: (vii) the provisions and procedures described in clauses (xxiv) and (xxvi) of subparagraph (B); ; and (C) in paragraph (4)— (i) by striking and at the end of subparagraph (A); (ii) by striking the period at the end of subparagraph (B) and inserting ; and ; and (iii) by adding at the end the following: (C) Sex trafficking victim The term sex trafficking victim means a victim of— (i) sex trafficking (as defined in section 103(10) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(10) )); or (ii) a severe form of trafficking in persons described in section 103(9)(A) of such Act ( 22 U.S.C. 7102(9)(A) ). ; and (2) in subsection (d), by adding at the end the following: (17) The number of children identified under clause (xxiv) of subsection (b)(2)(B), and of such children— (A) the number identified as sex trafficking victims (as defined in subsection (b)(4)(C)); and (B) in the case of a State that has provisions and procedures to identify children who are victims of severe forms of trafficking in persons described in section 103(9)(B) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(9)(B) ), the number so identified. . 3. Report to Congress (a) Report Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pension of the Senate, a report that— (1) describes the specific type and prevalence of severe form of trafficking in persons to which children who are identified for services or intervention under the placement, care, or supervision of State, Indian tribe, or tribal organization child welfare agencies have been subjected as of the date of enactment of this Act; (2) summarizes the practices and protocols utilized by States to identify and serve— (A) under section 106(b)(2)(B) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106a(b)(2)(B) ), children who are victims of trafficking; and (B) children who are at risk of becoming victims of trafficking; and (3) specifies any barriers in Federal laws or regulations that may prevent identification and assessment of children who are victims of trafficking, including an evaluation of the extent to which States are able to address the needs of such trafficked children without altering the definition of child abuse and neglect under section 3 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 note). (b) Definitions For purposes of this section: (1) Severe form of trafficking in persons The term severe form of trafficking in persons has the meaning given the term in section 103(9) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(9) ). (2) Victim of trafficking The term victim of trafficking has the meaning given the term in section 103(15) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(15) ).
Passed the House of Representatives July 25, 2014. Karen L. Haas, Clerk.
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113-hr-5082
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I 113th CONGRESS 2d Session H. R. 5082 IN THE HOUSE OF REPRESENTATIVES July 11, 2014 Mr. Reed (for himself, Mr. Gardner , Mr. Gibson , Mr. Cole , Mr. Griffin of Arkansas , Mr. Harper , Mr. Runyan , Mrs. Capito , Mr. McAllister , Mr. King of New York , Mr. Cassidy , Mr. Gerlach , Mr. Fitzpatrick , Mr. Schock , Mr. Pascrell , Mr. Butterfield , Ms. DelBene , Mr. Polis , Mr. Pallone , Mr. Crowley , Mr. Holt , Mr. Larson of Connecticut , Mr. Rangel , Mr. Richmond , Mr. Israel , Mr. Bishop of New York , Mr. Larsen of Washington , Mr. Sires , Mrs. McCarthy of New York , and Mr. Rodney Davis of Illinois ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To provide tax relief for major disaster areas declared in 2012, 2013, and 2014, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the National Disaster Tax Relief Act of 2014 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Title I—Tax relief relating to disasters in 2012, 2013, and 2014 Sec. 101. Expensing of qualified disaster expenses. Sec. 102. Increased limitation on charitable contributions for disaster relief. Sec. 103. Losses attributable to disasters in 2012, 2013, and 2014. Sec. 104. Net operating losses attributable to disasters in 2012, 2013, and 2014. Sec. 105. Waiver of certain mortgage revenue bond requirements following 2012, 2013, and 2014 disasters. Sec. 106. Increased expensing and bonus depreciation for qualified disaster assistance property following 2012, 2013, and 2014 disasters. Sec. 107. Increase in new markets tax credit for investments in community development entities serving 2012, 2013, and 2014 disaster areas. Sec. 108. Special rules for use of retirement funds in connection with federally declared disasters in 2012, 2013, or 2014. Sec. 109. Additional exemption for housing qualified disaster displaced individuals. Sec. 110. Exclusions of certain cancellations of indebtedness by reason of 2012, 2013, or 2014 disasters. Sec. 111. Special rule for determining earned income of individuals affected by federally declared disasters. Sec. 112. Increase in rehabilitation credit for buildings in 2012, 2013, and 2014 disaster areas. Sec. 113. Advanced refundings of certain tax-exempt bonds. Sec. 114. Qualified disaster area recovery bonds. Sec. 115. Additional low-income housing credit allocations. Sec. 116. Facilitation of transfer of water leasing and water by mutual ditch or irrigation companies in disaster areas. Title II—Other disaster tax relief provisions Sec. 201. Exclusion for disaster mitigation payments received from State and local governments. Sec. 202. Natural disaster funds. I Tax relief relating to disasters in 2012, 2013, and 2014 101. Expensing of qualified disaster expenses (a) In general Section 198A(b)(2) of the Internal Revenue Code of 1986 is amended— (1) by striking before January 1, 2010 in subparagraph (A) and inserting during the period beginning after December 31, 2007, and before January 1, 2010, or during the period beginning after December 31, 2011, and before January 1, 2015 , and (2) by striking before such date each place it appears in subparagraphs (B) and (C) and inserting during any such period . (b) Effective date The amendment made by this section shall apply to amounts paid or incurred after December 31, 2011, in connection with disasters declared after such date. 102. Increased limitation on charitable contributions for disaster relief (a) Individuals Paragraph (1) of section 170(b) of the Internal Revenue Code of 1986 is amended by redesignating subparagraphs (F) and (G) as subparagraphs (G) and (H), respectively, and by inserting after subparagraph (E) the following new subparagraph: (F) Qualified disaster contributions (i) In general Any qualified disaster contribution shall be allowed to the extent that the aggregate of such contributions does not exceed the excess of 80 percent of the taxpayer's contribution base over the amount of all other charitable contributions allowable under this paragraph. (ii) Carryover If the aggregate amount of contributions described in clause (i) exceeds the limitation under clause (i), such excess shall be treated (in a manner consistent with the rules of subsection (d)(1)) as a charitable contribution to which clause (i) applies in each of the 5 succeeding years in order of time. (iii) Coordination with other subparagraphs For purposes of applying this subsection and subsection (d)(1), contributions described in clause (i) shall not be treated as described in subparagraph (A) and such subparagraph shall be applied without regard to such contributions. (iv) Qualified disaster contributions For purposes of this subparagraph, the term qualified disaster contribution means any charitable contribution if— (I) such contribution is for relief efforts related to a federally declared disaster (as defined in section 165(h)(3)(C)(i)), (II) such contribution is made during the period beginning on the applicable disaster date with respect to the disaster described in subclause (I) and ending on December 31, 2014, and (III) such contribution is made in cash to an organization described in subparagraph (A) (other than an organization described in section 509(a)(3)). Such term shall not include a contribution if the contribution is for establishment of a new, or maintenance in an existing, donor advised fund (as defined in section 4966(d)(2)). (v) Applicable disaster date For purposes of clause (iv)(II), the term applicable disaster date means, with respect to any federally declared disaster described in clause (iv)(I), the date on which the disaster giving rise to the Presidential declaration described in section 165(h)(3)(C)(i) occurred. (vi) Substantiation requirement This paragraph shall not apply to any qualified disaster contribution unless the taxpayer obtains from such organization to which the contribution was made a contemporaneous written acknowledgment (within the meaning of subsection (f)(8)) that such contribution was used (or is to be used) for a purpose described in clause (iv)(III). . (b) Corporations (1) In general Paragraph (2) of section 170(b) of the Internal Revenue Code of 1986 is amended by redesignating subparagraph (C) as subparagraph (D) and by inserting after subparagraph (B) the following new subparagraph: (C) Qualified disaster contributions (i) In general Any qualified disaster contribution shall be allowed to the extent that the aggregate of such contributions does not exceed the excess of 20 percent of the taxpayer's taxable income over the amount of charitable contributions allowed under subparagraph (A). (ii) Carryover If the aggregate amount of contributions described in clause (i) exceeds the limitation under clause (i), such excess shall be treated (in a manner consistent with the rules of subsection (d)(1)) as a charitable contribution to which clause (i) applies in each of the 5 succeeding years in order of time. (iii) Qualified disaster contribution The term qualified disaster contribution has the meaning given such term under paragraph (2)(F)(iv). (iv) Substantiation requirement This paragraph shall not apply to any qualified disaster contribution unless the taxpayer obtains from such organization to which the contribution was made a contemporaneous written acknowledgment (within the meaning of subsection (f)(8)) that such contribution was used (or is to be used) for a purpose described in paragraph (1)(F)(iv)(III). . (2) Conforming amendments (A) Subparagraph (A) of section 170(b)(2) of such Code is amended by striking subparagraph (B) applies and inserting subparagraphs (B) and (C) apply . (B) Subparagraph (B) of section 170(b)(2) of such Code is amended by striking subparagraph (A) and inserting subparagraphs (A) and (C) . (c) Effective date The amendments made by this section shall apply to disasters arising in taxable years ending after December 31, 2011. 103. Losses attributable to disasters in 2012, 2013, and 2014 (a) Waiver of adjusted gross income limitation; increase in standard deduction by disaster casualty loss Subclause (I) of section 165(h)(3)(B)(i) of the Internal Revenue Code of 1986 is amended by striking before January 1, 2010 and inserting during the period beginning after December 31, 2007, and before January 1, 2010, or during the period beginning after December 31, 2011, and before January 1, 2015 . (b) Loss allowed whether or not individual itemized deductions Section 62(a) of the Internal Revenue Code of 1986 is amended by inserting after paragraph (21) the following new paragraph: (22) Disaster casualty losses Any net disaster loss (as defined in section 165(h)(3)(B)). . (c) Technical amendment Clause (i) of section 165(h)(3)(C) of the Internal Revenue Code of 1986 is amended by inserting major after means any . (d) Effective date The amendments made by this section shall apply to disasters declared in taxable years beginning after December 31, 2011. (e) Use of amended income tax returns To take into account receipt of certain casualty loss grants by disallowing previously taken casualty loss deductions (1) In general Notwithstanding any other provision of the Internal Revenue Code of 1986, if a taxpayer— (A) claims a deduction for any taxable year with respect to a casualty loss to a principal residence (within the meaning of section 121 of such Code) resulting from any federally declared disaster (as defined in section 165(h)(3)(C) of such Code) occurring during the period beginning after December 31, 2011, and before January 1, 2015, and (B) in a subsequent taxable year receives a grant under any Federal or State program as reimbursement for such loss, such taxpayer may elect to file an amended income tax return for the taxable year in which such deduction was allowed (and for any taxable year to which such deduction is carried) and reduce (but not below zero) the amount of such deduction by the amount of such reimbursement. (2) Time of filing amended return Paragraph (1) shall apply with respect to any grant only if any amended income tax returns with respect to such grant are filed not later than the later of— (A) the due date for filing the tax return for the taxable year in which the taxpayer receives such grant, or (B) the date which is 1 year after the date of the enactment of this Act. (3) Waiver of penalties and interest Any underpayment of tax resulting from the reduction under paragraph (1) of the amount otherwise allowable as a deduction shall not be subject to any penalty or interest under such Code if such tax is paid not later than 1 year after the filing of the amended return to which such reduction relates. 104. Net operating losses attributable to disasters in 2012, 2013, and 2014 (a) In general Subclause (I) of section 172(j)(1)(A)(i) of the Internal Revenue Code of 1986 is amended by striking before January 1, 2010 and inserting during the period beginning after December 31, 2007, and before January 1, 2010, or during the period beginning after December 31, 2011, and before January 1, 2015 . (b) Effective date The amendments made by this section shall apply to losses arising in taxable years beginning after December 31, 2011, in connection with disasters declared after such date. 105. Waiver of certain mortgage revenue bond requirements following 2012, 2013, and 2014 disasters (a) In general Section 143(k) of the Internal Revenue Code of 1986 is amended— (1) by redesignating paragraph (12), as added by section 709(a) of the Tax Extenders and Alternative Minimum Tax Relief Act of 2008, as paragraph (13), and (2) by striking before January 1, 2010 in subparagraphs (A)(i) and (B)(i) of such paragraph and inserting during the period beginning after December 31, 2007, and before January 1, 2010, or during the period beginning after December 31, 2011, and before January 1, 2015 . (b) Effective date The amendments made by this section shall apply to disasters occurring after December 31, 2011. 106. Increased expensing and bonus depreciation for qualified disaster assistance property following 2012, 2013, and 2014 disasters (a) In general Subclause (I) of section 168(n)(2)(A)(ii) of the Internal Revenue Code of 1986 is amended by striking before January 1, 2010 and inserting during the period beginning after December 31, 2007, and before January 1, 2010, or during the period beginning after December 31, 2011, and before January 1, 2015 . (b) Removal of exclusion Section 168(n)(2)(B)(i) of such Code is amended by inserting and at the end of subclause (I), by striking , and at the end of subclause (II) and inserting a period, and by striking subclause (III). (c) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2011, with respect to disasters declared after such date. 107. Increase in new markets tax credit for investments in community development entities serving 2012, 2013, and 2014 disaster areas (a) In general Subsection (f) of section 45D of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (4) Increased special allocation for community development entities serving 2012, 2013, and 2014 disaster areas (A) In general In the case of each calendar year which begins after 2012 and before 2016, the new markets tax credit limitation shall be increased by an amount equal to $500,000,000, to be allocated among qualified community development entities to make qualified low-income community investments within any 2012, 2013, or 2014 federally declared disaster area. (B) Allocation of increase The amount of the increase in limitation under subparagraph (A) shall be allocated by the Secretary under paragraph (2) to qualified community development entities and shall give priority to such entities with a record of having successfully provided capital or technical assistance to businesses or communities within any 2011 or 2012 federally declared disaster area or areas for which the allocation is requested. (C) Application of carryforward Paragraph (3) shall be applied separately with respect to the amount of any increase under subparagraph (A). (D) 2012, 2013, or 2014 federally declared disaster area For purposes of this paragraph, the term 2012, 2013, or 2014 federally declared disaster area means any disaster area resulting from any federally declared disaster occurring after December 31, 2011, and before January 1, 2015. For purposes of the preceding sentence, the terms federally declared disaster and disaster area have the meanings given such terms in section 165(h)(3). . (b) Effective date The amendments made by this section shall apply to calendar years beginning after 2012. 108. Special rules for use of retirement funds in connection with federally declared disasters in 2012, 2013, or 2014 (a) Tax-Favored withdrawals from retirement plans (1) In general Paragraph (2) of section 72(t) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (H) Distributions from retirement plans in connection with federally declared disasters during 2012, 2013, and 2014 Any qualified 2012, 2013, or 2014 disaster recovery distribution. . (2) Qualified disaster recovery distribution Section 72(t) of such Code is amended by adding at the end the following new paragraph: (11) Qualified 2012, 2013, or 2014 disaster recovery distribution For purposes of paragraph (2)(H)— (A) In general Except as provided in subparagraph (B), the term qualified disaster recovery distribution means, with respect to any federally declared disaster occurring during 2012, 2013, or 2014, any distribution from an eligible retirement plan made on or after the applicable disaster date and before January 1, 2015, to an individual whose principal place of abode on the applicable disaster date, is located in the disaster area and who has sustained an economic loss by reason of such federally declared disaster. (B) Dollar limitation (i) In general For purposes of this subsection, the aggregate amount of distributions received by an individual with respect to any federally declared disaster occurring during 2012, 2013, or 2014 shall not exceed $100,000. (ii) Treatment of plan distributions If a distribution to an individual would (without regard to clause (i)) be a qualified 2012, 2013, or 2014 disaster recovery distribution, a plan shall not be treated as violating any requirement of this title merely because the plan treats such distribution as a qualified 2012, 2013, or 2014 disaster recovery distribution, unless the aggregate amount of such distributions from all plans maintained by the employer (and any member of any controlled group which includes the employer) to such individual with respect to any federally declared disaster occurring during 2012, 2013, or 2014 exceeds $100,000. (iii) Controlled group For purposes of clause (ii), the term controlled group means any group treated as a single employer under subsection (b), (c), (m), or (o) of section 414. (C) Amount distributed may be repaid (i) In general Any individual who receives a qualified 2012, 2013, or 2014 disaster recovery distribution may, at any time during the 3-year period beginning on the day after the date on which such distribution was received, make one or more contributions in an aggregate amount not to exceed the amount of such distribution to an eligible retirement plan of which such individual is a beneficiary and to which a rollover contribution of such distribution could be made under section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16), as the case may be. (ii) Treatment of repayments of distributions from eligible retirement plans other than IRAs For purposes of this title, if a contribution is made pursuant to clause (i) with respect to a qualified 2012, 2013, or 2014 disaster recovery distribution from an eligible retirement plan other than an individual retirement plan, then the taxpayer shall, to the extent of the amount of the contribution, be treated as having received the qualified 2012, 2013, or 2014 disaster recovery distribution in an eligible rollover distribution (as defined in section 402(c)(4)) and as having transferred the amount to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. (iii) Treatment of repayments for distributions from IRAs For purposes of this title, if a contribution is made pursuant to clause (i) with respect to a qualified 2012, 2013, or 2014 disaster recovery distribution from an individual retirement plan (as defined by section 7701(a)(37)), then, to the extent of the amount of the contribution, the qualified 2012, 2013, or 2014 disaster recovery distribution shall be treated as a distribution described in section 408(d)(3) and as having been transferred to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. (D) Income inclusion spread over 3-year period (i) In general In the case of any qualified 2012, 2013, or 2014 disaster recovery distribution, unless the taxpayer elects not to have this paragraph apply for any taxable year, any amount required to be included in gross income for such taxable year shall be so included ratably over the 3-taxable-year period beginning with such taxable year. (ii) Special rule For purposes of clause (i), rules similar to the rules of subparagraph (E) of section 408A(d)(3) shall apply. (E) Other definitions (i) Federally declared disaster; disaster area The terms federally declared disaster and disaster area have the meanings given such terms under section 165(h)(3)(C). (ii) Applicable disaster date The term applicable disaster date means, with respect to any federally declared disaster, the date on which such federally declared disaster occurs. (iii) Eligible retirement plan The term eligible retirement plan shall have the meaning given such term by section 402(c)(8)(B). (F) Special rules (i) Exemption of distributions from trustee to trustee transfer and withholding rules For purposes of sections 401(a)(31), 402(f), and 3405, qualified 2012, 2013, or 2014 disaster recovery distributions shall not be treated as eligible rollover distributions. (ii) Qualified 2012, 2013, or 2014 disaster recovery distributions treated as meeting plan distribution requirements For purposes of this title, a qualified 2012, 2013, or 2014 disaster recovery distribution shall be treated as meeting the requirements of sections 401(k)(2)(B)(i), 403(b)(7)(A)(ii), 403(b)(11), and 457(d)(1)(A). . (3) Effective date The amendments made by this subsection shall apply to distributions with respect to disaster declared after December 31, 2011. (b) Loans from qualified plans (1) In general Subsection (p) of section 72 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (6) Increase in limit on loans not treated as distributions with respect to 2012, 2013, and 2014 disasters (A) In general In the case of any loan from a qualified employer plan to a qualified individual made during the applicable period— (i) clause (i) of paragraph (2)(A) shall be applied by substituting $100,000 for $50,000 , and (ii) clause (ii) of such paragraph shall be applied by substituting the present value of the nonforfeitable accrued benefit of the employee under the plan for one-half of the present value of the nonforfeitable accrued benefit of the employee under the plan . (B) Delay of repayment In the case of a qualified individual with an outstanding loan on or after the applicable disaster date from a qualified employer plan— (i) if the due date pursuant to subparagraph (B) or (C) of paragraph (2) for any repayment with respect to such loan occurs during the period beginning on the applicable disaster date and ending on December 31, 2014, such due date shall be delayed for 1 year, (ii) any subsequent repayments with respect to any such loan shall be appropriately adjusted to reflect the delay in the due date under clause (i) and any interest accruing during such delay, and (iii) in determining the 5-year period and the term of a loan under subparagraph (B) or (C) of paragraph (2), the period described in clause (i) shall be disregarded. (C) Definitions For purposes of this paragraph— (i) Qualified individual The term qualified individual means, with respect to any federally declared disaster occurring during 2012, 2013, or 2014, an individual whose principal place of abode on the applicable disaster date is located in the disaster area and who has sustained an economic loss by reason of such federally declared disaster. (ii) Applicable period The applicable period is the period beginning on the applicable disaster date and ending on December 31, 2014. (iii) Federally declared disaster; disaster area The terms federally declared disaster and disaster area have the meanings given such terms under section 165(h)(3)(C). (iv) Applicable disaster date The term applicable disaster date means, with respect to any federally declared disaster, the date on which such federally declared disaster occurs. . (2) Effective date The amendment made by this subsection shall apply to loans made with respect to disaster declared after December 31, 2011. (c) Provisions relating to plan amendments (1) In general If this subsection 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 paragraph (2)(B)(i). (2) Amendments to which subsection applies (A) In general This subsection shall apply to any amendment to any plan or annuity contract which is made— (i) pursuant to any provision of, or amendment made by, this section, or pursuant to any regulation issued by the Secretary or the Secretary of Labor under any provision of, or amendment made by, this section, and (ii) on or before the last day of the first plan year beginning on or after January 1, 2015, or such later date as the Secretary may prescribe. In the case of a governmental plan (as defined in section 414(d)), clause (ii) shall be applied by substituting the date which is 2 years after the date otherwise applied under clause (ii). (B) Conditions This subsection shall not apply to any amendment unless— (i) during the period— (I) beginning on the date that the provisions of, and amendments made by, this section or the regulation described in subparagraph (A)(i) takes effect (or in the case of a plan or contract amendment not required by the provisions of, or amendments made by, this section or such regulation, the effective date specified by the plan), and (II) ending on the date described in subparagraph (A)(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 (ii) such plan or contract amendment applies retroactively for such period. 109. Additional exemption for housing qualified disaster displaced individuals (a) In general Section 151 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (g) Additional exemption for certain disaster-Displaced individuals (1) In general In the case of any taxable year beginning in 2012, 2013, or 2014, there shall be allowed an exemption of $500 for each qualified disaster-displaced individual with respect to the taxpayer for the taxable year. (2) Limitations (A) Dollar limitation The exemption under paragraph (1) shall not exceed $2,000, reduced by the amount of the exemption under this subsection for all prior taxable years. (B) Individuals taken into account only once An individual shall not be taken into account under paragraph (1) if such individual was taken into account under this subsection by the taxpayer for any prior taxable year. (C) Identifying information required An individual shall not be taken into account under paragraph (1) for a taxable year unless the taxpayer identification number of such individual is included on the return of the taxpayer for such taxable year. (3) Qualified disaster-displaced individual (A) In general For purposes of this subsection, the term qualified disaster-displaced individual means, with respect to any taxpayer for any taxable year, any qualified individual if such individual is provided housing free of charge by the taxpayer in the principal residence of the taxpayer for a period of 60 consecutive days which ends in such taxable year. Such term shall not include the spouse or any dependent of the taxpayer. (B) Qualified individual The term qualified individual means any individual who— (i) on the date of a federally declared disaster occurring during 2012, 2013, or 2014 maintained such individual's principal place of abode in the disaster area declared with respect to such disaster, and (ii) was displaced from such principal place of abode by reason of the federally declared disaster. For purposes of the preceding sentence, the terms federally declared disaster and disaster area have the meanings given such terms in section 165(h)(3). (4) Compensation for housing No deduction shall be allowed under this subsection if the taxpayer receives any rent or other amount (from any source) in connection with the providing of such housing. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2011. 110. Exclusions of certain cancellations of indebtedness by reason of 2012, 2013, or 2014 disasters (a) In general Section 108 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (j) Discharge of indebtedness for individuals affected by 2012, 2013, and 2014 disasters (1) In general Except as provided in paragraph (2), gross income shall not include any amount which (but for this subsection) would be includible in gross income by reason of any discharge (in whole or in part) of indebtedness of a natural person described in paragraph (3) by an applicable entity (as defined in section 6050P(c)(1)) during the applicable period. (2) Exceptions for business indebtedness Paragraph (1) shall not apply to any indebtedness incurred in connection with a trade or business. (3) Persons described A natural person is described in this paragraph if the principal place of abode of such person on the applicable disaster date was located in the disaster area with respect to any federally declared disaster occurring during 2012, 2013, or 2014. (4) Applicable period For purposes of this subsection, the term applicable period means the period beginning on the applicable disaster date and ending on the date which is 14 months after such date. (5) Other definitions For purposes of this subsection— (A) Federally declared disaster; disaster area The terms federally declared disaster and disaster area have the meanings given such terms under section 165(h)(3)(C). (B) Applicable disaster date The term applicable disaster date means, with respect to any federally declared disaster, the date on which such federally declared disaster occurs. . (b) Effective date This section shall apply to discharges made on or after December 31, 2011. 111. Special rule for determining earned income of individuals affected by federally declared disasters (a) In general Section 32 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (n) Special rule for determining earned income of taxpayers affected by federally declared disasters (1) In general In the case of a qualified individual with respect to any federally declared disaster occurring during 2012, 2013, or 2014, if the earned income of the taxpayer for the taxable year which includes the applicable disaster date is less than the earned income of the taxpayer for the preceding taxable year, the credit allowed under this section and section 24(d) may, at the election of the taxpayer, be determined by substituting— (A) such earned income for the preceding taxable year, for (B) such earned income for the taxable year which includes the applicable date. (2) Qualified individual For purposes of this subsection, the term qualified individual means, with respect to any federally declared disaster occurring during 2012, 2013, or 2014, any individual whose principal place of abode on the applicable disaster date, was located— (A) in any portion of a disaster area determined by the President to warrant individual or individual and public assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of the federally declared disaster, or (B) in any portion of the disaster area not described in subparagraph (A) and such individual was displaced from such principal place of abode by reason of the federally declared disaster. (3) Other definitions For purposes of this paragraph— (A) Federally declared disaster; disaster area The terms federally declared disaster and disaster area have the meanings given such terms under section 165(h)(3)(C). (B) Applicable disaster date The term applicable disaster date means, with respect to any federally declared disaster, the date on which such federally declared disaster occurs. (4) Special rules (A) Application to joint returns For purposes of paragraph (1), in the case of a joint return for a taxable year which includes the disaster date— (i) such paragraph shall apply if either spouse is a qualified individual, and (ii) the earned income of the taxpayer for the preceding taxable year shall be the sum of the earned income of each spouse for such preceding taxable year. (B) Uniform application of election Any election made under paragraph (1) shall apply with respect to both sections 24(d) and this section. (C) Errors treated as mathematical error For purposes of section 6213, an incorrect use on a return of earned income pursuant to paragraph (1) shall be treated as a mathematical or clerical error. (D) No effect on determination of gross income, etc Except as otherwise provided in this subsection, this title shall be applied without regard to any substitution under paragraph (1). . (b) Child tax credit Section 24(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (5) Special rule for determining earned income of taxpayers affected by federally declared disasters For election by qualified individuals with respect to certain federally declared disasters to substitute earned income from the preceding taxable year, see section 32(n). . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2011. 112. Increase in rehabilitation credit for buildings in 2012, 2013, and 2014 disaster areas (a) In general Section 47 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (e) Special rule for expenditures made in connection with certain disasters (1) In general In the case of qualified rehabilitation expenditures paid or incurred during the applicable period with respect to any qualified rehabilitated building or certified historic structure located in a disaster area with respect to any federally declared disaster occurring in 2012, 2013, or 2014, subsection (a) shall be applied— (A) by substituting 13 percent for 10 percent in paragraph (1) thereof, and (B) by substituting 26 percent for 20 percent in paragraph (2) thereof. (2) Definitions For purposes of this subsection— (A) Federally declared disaster; disaster area The terms federally declared disaster and disaster area have the meanings given such terms under section 165(h)(3)(C). (B) Applicable period The term applicable period means the period beginning on the applicable disaster date and ending on December 31, 2014. (C) Applicable disaster date The term applicable disaster date means, with respect to any federally declared disaster, the date on which such federally declared disaster occurs. . (b) Effective date The amendments made by this section shall apply to amounts paid or incurred after December 31, 2011. 113. Advanced refundings of certain tax-exempt bonds (a) In general Section 149(d) of the Internal Revenue Code of 1986 is amended by redesignating paragraph (7) as paragraph (8) and by inserting after paragraph (6) the following new paragraph: (7) Special rule with respect to certain natural disasters (A) In general With respect to a bond described in subparagraph (C), one additional advance refunding after the date of the enactment of this paragraph and before January 1, 2017, shall be allowed under the rules of this subsection if— (i) the Governor of the State designates the advance refunding bond for purposes of this subsection, and (ii) the requirements of subparagraph (E) are met. (B) Certain private activity bonds With respect to a bond described in subparagraph (C) which is an exempt facility bond described in paragraph (1) or (2) of section 142(a), one advance refunding after the date of the enactment of this paragraph and before January 1, 2017, shall be allowed under the applicable rules of this subsection (notwithstanding paragraph (2) thereof) if the requirements of clauses (i) and (ii) of subparagraph (A) are met. (C) Bonds described A bond is described in this paragraph if, with respect to any federally declared disaster, such bond— (i) was outstanding on the applicable disaster date, and (ii) is issued by an applicable State or a political subdivision thereof. (D) Aggregate limit The maximum aggregate face amount of bonds which may be designated under this subsection by the Governor of a State shall not exceed $4,500,000,000. (E) Additional requirements The requirements of this subparagraph are met with respect to any advance refunding of a bond described in subparagraph (C) if— (i) no advance refundings of such bond would be allowed under this title on or after the applicable disaster date, (ii) the advance refunding bond is the only other outstanding bond with respect to the refunded bond, and (iii) the requirements of section 148 are met with respect to all bonds issued under this paragraph. (F) Definitions For purposes of this subsection— (i) Federally declared disaster; disaster area The terms federally declared disaster and disaster area have the meanings given such terms under section 165(h)(3)(C). (ii) Applicable disaster date The term applicable disaster date means, with respect to any federally declared disaster, the date on which such federally declared disaster occurs. (iii) Applicable State The term applicable State means, with respect to any federally declared disaster, any State in which a portion of the disaster area is located. . 114. Qualified disaster area recovery bonds (a) In general Subpart A of part IV of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 146 the following new section: 146A. Qualified disaster area recovery bonds (a) In general For purposes of this title, any qualified disaster area recovery bond shall— (1) be treated as an exempt facility bond, and (2) not be subject to section 146. (b) Qualified disaster area recovery bond For purposes of this section, the term qualified disaster area recovery bond means any bond issued as part of an issue if— (1) 95 percent or more of the net proceeds of such issue are to be used for qualified project costs, (2) such bond is issued by a State or any political subdivision thereof any part of which is in a qualified disaster area, (3) the Governor of the issuing State designates such bond for purposes of this section, and (4) such bond is issued after the date of the enactment of this section and before January 1, 2016. (c) Limitation on amount of bonds (1) In general The maximum aggregate face amount of bonds which may be designated under this section by any State shall not exceed $10,000,000,000. (2) Movable property No bonds shall be issued which are to be used for movable fixtures and equipment. (3) Treatment of current refunding bonds Paragraph (1) shall not apply to any bond (or series of bonds) issued to refund a qualified disaster area recovery bond, if— (A) the average maturity date of the issue of which the refunding bond is a part is not later than the average maturity date of the bonds to be refunded by such issue, (B) the amount of the refunding bond does not exceed the outstanding amount of the refunded bond, and (C) the net proceeds of the refunding bond are used to redeem the refunded bond not later than 90 days after the date of the issuance of the refunding bond. For purposes of subparagraph (A), average maturity shall be determined in accordance with section 147(b)(2)(A). (d) Qualified project costs For purposes of this section, the term qualified project costs means the cost of acquisition, construction, reconstruction, and renovation of— (1) residential rental property (as defined in section 142(d)), (2) nonresidential real property (including fixed improvements associated with such property), (3) a facility described in paragraph (2) or (3) of section 142(a), or (4) public utility property (as defined in section 168(i)(10)), which is located in a qualified disaster area and was damaged or destroyed by reason of a federally declared disaster. (e) Special rules In applying this title to any qualified disaster area recovery bond, the following modifications shall apply: (1) Section 147(d) (relating to acquisition of existing property not permitted) shall be applied by substituting 50 percent for 15 percent each place it appears. (2) Section 148(f)(4)(C) (relating to exception from rebate for certain proceeds to be used to finance construction expenditures) shall apply to the available construction proceeds of bonds issued under this section. For purposes of the preceding sentence, the following spending requirements shall apply in lieu of the requirements in clause (ii) of such section: (A) 40 percent of such available construction proceeds are spent for the governmental purposes of the issue within the 2-year period beginning on the date the bonds are issued, (B) 60 percent of such proceeds are spent for such purposes within the 3-year period beginning on such date, (C) 80 percent of such proceeds are spent for such purposes within the 4-year period beginning on such date, and (D) 100 percent of such proceeds are spent for such purposes within the 5-year period beginning on such date. (3) Repayments of principal on financing provided by the issue— (A) may not be used to provide financing, and (B) must be used not later than the close of the 1st semiannual period beginning after the date of the repayment to redeem bonds which are part of such issue. The requirement of subparagraph (B) shall be treated as met with respect to amounts received within 5 years after the date of issuance of the issue (or, in the case of a refunding bond, the date of issuance of the original bond) if such amounts are used by the close of such 5 years to redeem bonds which are part of such issue. (4) Section 57(a)(5) shall not apply. (f) Separate issue treatment of portions of an issue This section shall not apply to the portion of an issue which (if issued as a separate issue) would be treated as a qualified bond or as a bond that is not a private activity bond (determined without regard to paragraph (1)), if the issuer elects to so treat such portion. (g) Qualified disaster area; federally declared disaster (1) Qualified disaster area The term qualified disaster area means any area determined to warrant individual or individual and public assistance from the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of a federally declared disaster occurring during the period beginning after December 31, 2011, and before January 1, 2015. (2) Federally declared disaster The term federally declared disaster has the meaning given to such term under section 165(h)(3)(C). . (b) Clerical amendment The table of sections for subpart A of part IV of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 146 the following new item: Sec. 146A. Qualified disaster area recovery bonds. . (c) Effective date The amendments made by this section shall apply to obligations issued after the date of the enactment of this Act. 115. Additional low-income housing credit allocations (a) In general Paragraph (3) of section 42(h) of the Internal Revenue Code of 1986 (relating to limitation on aggregate credit allowable with respect to projects located in a State) is amended by adding at the end the following new subparagraph: (J) Increase in State housing credit for States damaged by natural disasters (i) In general In the case of calendar year 2014, the State housing credit ceiling of each State any portion of which includes any portion of a qualifying disaster area shall be increased by so much of the aggregate housing credit dollar amount as does not exceed the applicable limitation allocated by the State housing credit agency of such State for such calendar year to buildings located in qualifying disaster areas. (ii) Applicable limitation For purposes of clause (i), the applicable limitation is the greater of— (I) $8 multiplied by the population of the qualifying disaster areas in such State, or (II) 50 percent of the State housing credit ceiling (determined without regard to this subparagraph) for 2013. (iii) Applicable percentage For purposes of this section, the applicable percentage with respect to any building to which amounts allocated under clause (i) shall be determined under subsection (b)(2), except that subparagraph (A) thereof shall be applied by substituting January 1, 2015 for January 1, 2014 . (iv) Allocations treated as made first from additional allocation amount for purposes of determining carryover For purposes of determining the unused State housing credit ceiling under subparagraph (C) for any calendar year, any increase in the State housing credit ceiling under clause (i) shall be treated as an amount described in clause (ii) of such subparagraph. (v) Qualifying disaster area For purposes of this subparagraph, the term qualifying federally declared disaster area means— (I) each county which is determined to warrant individual or individual and public assistance from the Federal Government under a qualifying natural disaster declaration described in clause (vi)(I), and (II) each county not described in subclause (I) which is included in the geographical area covered by a qualifying natural disaster declaration described in subclause (II) or (III) of clause (vi). (vi) Qualifying natural disaster declaration For purposes of clause (v), the term qualifying natural disaster declaration means— (I) a federally declared disaster (as defined in section 165(h)(3)(C)) occurring during the period beginning after December 31, 2011, and before January 1, 2015, (II) a natural disaster declared by the Secretary of Agriculture in 2011 due to damaging weather and other conditions relating to Hurricane Irene or Tropical Storm Lee under section 321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)), or (III) a major disaster or emergency designated by the President in 2011 due to damaging weather and other conditions relating to Hurricane Irene or Tropical Storm Lee under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). . (b) Effective date The amendment made by this section shall take effect on the date of the enactment of this Act. 116. Facilitation of transfer of water leasing and water by mutual ditch or irrigation companies in disaster areas (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 or irrigation companies in certain disaster areas (i) In general In the case of a qualified mutual ditch or irrigation company or like organization, subparagraph (A) shall be applied without taking into account any income received or accrued during the applicable period— (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 like organization or contract rights for the delivery or use of water, (III) from the investment of proceeds from sales, leases, or exchanges under subclauses (I) and (II), or (IV) from the United States, or a State or local government, resulting from the federally declared disaster, except that any income received under subclause (I), (II), (III), or (IV) which is distributed or expended for expenses (other than for operations, maintenance, and capital improvements) of the qualified mutual ditch or irrigation company or like organization shall be treated as nonmember income in the year in which it is distributed or expended. (ii) Qualified mutual ditch or irrigation company or like organization For purposes of this paragraph— (I) In general The term qualified mutual ditch or irrigation company or like organization means any mutual ditch or irrigation company or like organization that diverted, delivered, transported, stored, or used its water for agricultural irrigation purposes on its own or through its shareholders in a qualified disaster area during 2012, 2013, or 2014. (II) Qualified asset The term qualified asset means any real property or tangible personal property used in the mutual ditch or irrigation company's (or like organization's) system. (III) Multiple areas Under regulations, if the qualified assets of any mutual ditch or irrigation company or like organization are located in more than 1 qualified disaster area, all such areas shall be treated as 1 area and if more than 1 federally declared disaster is involved, the date on which the last of such disasters occurred shall be the date used for purposes of this paragraph. (iii) Applicable period For purposes of this paragraph, the term applicable period means the taxable year in which the federally declared disaster occurred and the 5 following taxable years. (iv) Other definitions (I) Qualified disaster area The term qualified disaster area means any area determined to warrant individual or individual and public assistance from the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of a federally declared disaster occurring during the period beginning on January 1, 2012, and ending on December 31, 2014. (II) Federally declared disaster The term federally declared disaster has the meaning given to such term under section 165(h)(3)(C). . (b) Effective date The amendment made by subsection (a) shall apply to taxable years ending after December 31, 2011. II Other disaster tax relief provisions 201. Exclusion for disaster mitigation payments received from State and local governments (a) In general Paragraph (2) of section 139(g) of the Internal Revenue Code of 1986 is amended by inserting , or any other amount which is paid by a State or local government or agency or instrumentality thereof, after (as in effect on such date) . (b) Effective date The amendment made by this section shall apply to payments received after the date of the enactment of this Act. 202. Natural disaster funds (a) Natural disaster fund Subpart C of part II of subchapter E of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 468B the following new section: 468C. Special rules for natural disaster funds (a) In general If a qualified taxpayer elects the application of this section, there shall be allowed as a deduction for any taxable year the amount of payments made by the taxpayer to a natural disaster fund during such taxable year. (b) Natural disaster fund The term natural disaster fund means a fund meeting the following requirements: (1) Designation The taxpayer designates— (A) the fund as a natural disaster fund in the manner prescribed by the Secretary, and (B) the line or lines of business to which the fund applies. (2) Segregation The assets of the fund are segregated from other assets of the taxpayer. (3) Investments (A) The assets of the fund are maintained in one or more qualified accounts and are invested only in— (i) deposits with banks whose deposits are insured subject to applicable limits by the Federal Deposit Insurance Corporation, or (ii) in stock or other securities in which the fund would be permitted to invest if it were a capital construction fund subject to the investment limitations of paragraphs (2) and (3) of section 7518(b)(2). (B) All investment earnings (including gains and losses) from investments of the fund become part of the fund. (4) Contributions to the fund The fund does not accept any deposits (or other amounts) other than cash payments with respect to which a deduction is allowable under subsection (a) and earnings (including gains and losses) from fund investments. (5) Purpose The fund is established and maintained for the purposes of covering costs, expenses, and losses (including business interruption losses) resulting from a Federally declared natural disaster to the extent such costs are not covered by insurance. (6) Maximum balance The balance of the fund does not exceed the lesser of— (A) the sum of— (i) 150 percent of the maximum deductible, and (ii) 100 percent of the maximum co-insurance (to the extent not taken into account in clause (i)), that, in the case of a Federally declared natural disaster resulting in losses, the taxpayer could be expected to pay with respect to property and business interruption insurance maintained by the taxpayer for the line of business to which the fund applies and that would cover losses resulting from a Federally declared natural disaster, and (B) the maximum loss under any insurance coverage that the taxpayer could reasonably expect to occur for the line of business in the case of a severe natural disaster. (7) Financial statements The fund or the balance of the fund is recorded in the taxpayer’s financial statements in accordance with generally accepted accounting principles and not as a current asset and the footnotes to the taxpayer’s financial statements include a short description of the fund and its purposes. (8) Insurance The taxpayer property insurance maintained by the qualified taxpayer applies to 75 percent or more of the property used— (A) in the qualified taxpayer’s line of business to which the fund relates, and (B) in the United States. (c) Qualified taxpayer For purposes of this section, the term qualified taxpayer means any taxpayer that— (1) actively conducts a trade or business, and (2) maintains property insurance with respect to such trade or business that insures against losses in natural disasters. (d) Failure To meet requirements If a fund that was a natural disaster fund ceases to meet any of the requirements of subsection (b) or a taxpayer who has a natural disaster fund ceases to meet the requirement of subsection (c), the entire balance of the fund shall be deemed distributed in a nonqualified distribution at the time the fund ceases to meet such requirements. (e) Taxation of fund (1) In general The earnings (including gains and losses) from the investment and reinvestment of amounts held in the fund shall not be taken into account in determining the gross income of the taxpayer that owns the fund. (2) Not a separate taxpayer A natural disaster fund shall not be considered a separate taxpayer for purposes of this subtitle. (f) Taxation of distributions from the fund (1) Qualified distributions For purposes of this chapter, qualified distributions shall be treated in the same manner as proceeds from property or business interruption insurance. (2) Nonqualified distributions (A) In general In the case of any taxable year for which there is a nonqualified distribution— (i) such nonqualified distributions shall be excluded from the gross income of the taxpayer, and (ii) the tax imposed by this chapter (determined without regard to this subsection) shall be increased by the product of the amount of such nonqualified distribution and the highest rate of tax specified in section 1 (section 11 in the case of a corporation). (B) Tax benefit rule; coordination with deduction for net operating losses Rules similar to the rules of subparagraphs (B) and (C) of section 7518(g)(6) shall apply for purposes of this paragraph. (3) Additional tax The tax imposed by this chapter for any taxable year on any taxpayer that a owns natural disaster fund shall be increased by the greater of— (A) 20 percent of the amount of any non-qualified distributions from the fund in the taxable year, and (B) an amount equal to interest, at the underpayment rate established under section 6621, on the nonqualified distribution from the time the amount is added to the fund to the time the amount is distributed. (4) Interest calculation For purposes of calculating interest under paragraph (3)(B)— (A) all investment earnings (including gains or losses) in taxable year shall be treated as added to the fund on the last day of the taxable year, and (B) amounts distributed from the fund shall be treated as distributed on a first-in, first-out basis. (g) Definitions For purposes of this section— (1) Federally declared natural disaster The term Federally declared natural disaster means a natural disaster that is determined by Presidential declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act to warrant individual or individual and public assistance under such Act. (2) Nonqualified distribution The term nonqualified distribution means a distribution from a natural disaster fund other than a qualified distribution. (3) Qualified account The term qualified account means an account with a bank (as defined in section 581) or a brokerage account but only if the investments of such accounts are limited to those permitted by subsection (b)(3) and no investments are made in a related person (as defined in section 465(b)(3)(C)) to the taxpayer. (4) Qualified distribution (A) In general The term qualified distribution means with respect to natural disaster fund an amount equal to the excess of— (i) costs, expenses, and losses (including losses of a type reimbursable by proceeds of business interruption insurance) incurred by the taxpayer as a result of the Federally declared natural disaster with respect to the line or lines of business for which the fund was designated, over (ii) the proceeds of property and business interruption insurance paid for the benefit of the taxpayer with respect to costs, expenses, and losses described in clause (i). (B) Limitation A distribution from a natural disaster fund shall not be treated as a qualified distribution if such distribution is allocated to a Federally declared natural disaster occurring more than 3 years before the date of such distribution. (h) Special rules For purposes of this section— (1) No double counting Any portion of any deductible or coinsurance taken into account under subsection (b)(6) in determining the maximum balance for a natural disaster fund shall not be taken into account in determining the maximum balance for another natural disaster fund. (2) Excess balance (A) In general If the balance of a natural disaster fund exceeds the maximum balance permitted by subsection (b)(6) by reason of investment earnings or a reduction in the maximum balance, the account shall not cease to be a natural disaster fund as the result of exceeding such limit if the excess is distributed within 120 days of the date that such excess first occurred. (B) Treatment of distributions of excess balance In the case of any distribution of the excess balance of a natural disaster fund within 120 days of the date that such excess first occurred— (i) paragraphs (2) and (3) of subsection (f) shall not apply to the distribution of such excess if distributed within such period, and (ii) the amount of such distribution shall be included in the gross income of the taxpayer in the year such distribution was made. (C) Anti-abuse rule Subparagraph (B) shall not apply in the case of any reduction in the maximum balance resulting from any action of the taxpayer the primary purpose of which was to reduce the maximum balance to enable a distribution that would not be subject to the maximum tax rate calculation or the additional tax. (3) Certain asset acquisitions The transfer of a natural disaster fund (or the portion of a natural disaster fund) from one person to another person shall not constitute a nonqualified distribution if— (A) such transfer is part of a transaction— (i) to which section 381 applies, (ii) the transferee acquires substantially all of the assets of the transferor used in the line or lines of business for which the fund was designated, (iii) the transferee acquires substantially all of the assets of the transferor used in one, but not all, of the lines of business for which the fund was designated, or (iv) the transferee acquires substantially all of the transferor’s assets located in a geographical area and used in a line of business for which the fund was designated, and (B) the transferee elects to treat the acquired natural disaster fund (or portion thereof) as a natural disaster fund for the line of business for which the transferor had previously designated the fund and as a continuation of the fund (or pro rata portion thereof) for purposes of determining the additional tax imposed by subsection (f)(4). (i) Regulations The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the provisions of this section. . (b) Clerical amendment The table of sections for subpart C of part II of subchapter E of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 468B the following new item: Sec. 468C. Special rules for natural disaster funds. . (c) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2014.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5082ih/xml/BILLS-113hr5082ih.xml
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113-hr-5083
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I 113th CONGRESS 2d Session H. R. 5083 IN THE HOUSE OF REPRESENTATIVES July 11, 2014 Mrs. Ellmers (for herself, Mr. Barrow of Georgia , Mr. Braley of Iowa , Mr. Duncan of Tennessee , and Mr. Thompson of Pennsylvania ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to improve audit effectiveness and efficiency in paying for durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) under the Medicare program, and for other purposes.
1. Short title This Act may be cited as the Medicare DMEPOS Audit Improvement and Reform (AIR) Act of 2014 . 2. Improving Medicare audit effectiveness and efficiency for durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) (a) Medicare administrative contractor payment outreach and education program for DMEPOS suppliers (1) In general Section 1874A of the Social Security Act ( 42 U.S.C. 1395kk–1 ) is amended— (A) in subsection (a)(4)— (i) by redesignating subparagraph (G) as subparagraph (H); and (ii) by inserting after subparagraph (F) the following new subparagraph: (G) Payment outreach and education program for suppliers of durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) Implementing a payment outreach and education program for DMEPOS suppliers under subsection (h). ; and (B) by adding at the end the following new subsection: (h) Payment outreach and education program for DMEPOS suppliers (1) In general In order to reduce improper payments under part B for durable medical equipment, prosthetics, orthotics, and supplies, each medicare administrative contractor that has responsibility for payment under such part for durable medical equipment, prosthetics, orthotics, and supplies furnished in an area (in this subsection referred to as a Medicare DMEPOS contractor ) shall carry out a program (in this subsection referred to as the DMEPOS payment outreach and education program ) under which the contractor, through outreach, education, training, and technical assistance activities conducted on a quarterly basis, provides DMEPOS suppliers, physicians and practitioners who prescribe DMEPOS, and discharge planners and case managers who coordinate DMEPOS for individuals in such area with the information described in paragraph (3) and with error reduction training under paragraph (4). (2) Forms of activities The activities under a DMEPOS payment outreach and education program shall include the following: (A) Emails and other electronic communications. (B) Webinars. (C) Telephone calls. (D) In-person training. (E) Other forms of communications and assistance determined appropriate by the Secretary. (3) Information to be provided through activities The information to be provided under a DMEPOS payment outreach and education program, with respect to payment for DMEPOS under part B, shall include all of the following information: (A) A list of suppliers’ most frequent payment errors and most expensive payment errors over the last quarter. (B) Specific instructions regarding how to correct or avoid such errors in the future. (C) A notice of all new topics that have been approved by the Secretary for audits conducted by Medicare contractors in relation to payment for DMEPOS under part B. (D) Specific instructions to prevent future issues related to such new audits. (E) Other information determined appropriate by the Secretary. (4) Error rate reduction training (A) In general The activities under a DMEPOS payment outreach and education program shall include error rate reduction training. (B) Requirements Such training shall— (i) be provided at least annually; and (ii) focus on reducing improper Medicare payments for DMEPOS. (C) Invitation A Medicare DMEPOS contractor with responsibility for payment for DMEPOS in an area shall ensure that all DMEPOS suppliers, physicians and practitioners who prescribe DMEPOS, and discharge planners and case managers who coordinate DMEPOS for individuals in the area are invited to attend the training described in subparagraph (A) either in person or online. (5) Priority A Medicare DMEPOS contractor shall give priority to activities under the DMEPOS payment outreach and education program that will reduce improper Medicare payments based on technical errors, medical necessity, and fraud for DMEPOS that— (A) have the highest rate of improper payment under part B; (B) have the greatest total dollar amount of such improper payments; (C) are due to clear misapplication or misinterpretation of policies under this title; (D) are clearly due to common and inadvertent clerical or administrative errors; or (E) are due to other types of errors that the Secretary determines could be prevented through activities under the program. (6) Information on improper payments from medicare contractors (A) In general In order to assist Medicare DMEPOS contractors in carrying out DMEPOS payment outreach and education programs, the Secretary shall provide each such contractor with a complete list of improper payments for DMEPOS identified by recovery audit contractors (and other contractors performing audit activities relating to payment for DMEPOS) with respect to suppliers located in the area being serviced by the Medicare DMEPOS contractor. Such list shall not include claims for payments that have been denied and are being appealed by the supplier under section 1869. Such information shall be provided on a quarterly basis. (B) Information The information described in subparagraph (A) shall include the following information: (i) The suppliers of DMEPOS that have the highest rate of improper payments under part B for DMEPOS. (ii) The suppliers of DMEPOS that have the greatest total dollar amounts of such improper payments. (iii) The DMEPOS furnished in the area that has the highest rates of such improper payments. (iv) The DMEPOS furnished in the area that is responsible for the greatest total dollar amount of such improper payments. (v) Other information the Secretary determines would assist Medicare DMEPOS contractors in carrying out the DMEPOS payment outreach and education program. (C) Format of information The information furnished to Medicare DMEPOS contractors by the Secretary under this paragraph shall be transmitted in a manner that permits such contractors to easily identify the DMEPOS suppliers for which targeted outreach, education, training, and technical assistance would be most effective. In carrying out the preceding sentence, the Secretary shall ensure that— (i) the information with respect to improper payments made to such a supplier clearly displays the NPI or other identifier of the supplier, the amount of the improper payment, and any other information the Secretary determines appropriate; and (ii) the information is in an electronic, easily searchable database. (7) Communications All communications with a supplier under a DMEPOS payment outreach and education program are subject to the standards and requirements of subsection (g). (8) Advance notice for policy changes and clarifications The Secretary shall not implement a policy change or clarification for DMEPOS audit requirements earlier than 6 months after the date of publication of such change or clarification in the Federal Register. (9) Funding After application of paragraph (1)(C) of section 1893(h), the Secretary shall retain a portion of the amounts recovered by Medicare DMEPOS contractors under this title with respect to DMEPOS which shall be available to the Centers for Medicare & Medicaid Services Program Management Account for purposes of carrying out this subsection and to implement corrective actions to help reduce the error rate of payments for DMEPOS under part B. The amount retained under the preceding sentence shall not exceed an amount equal to 25 percent of the amounts recovered under section 1893(h) with respect to DMEPOS. (10) Durable medical equipment, prosthetics, orthotics, and supplies and DMEPOS defined In this subsection, the terms durable medical equipment, prosthetics, orthotics, and supplies and DMEPOS mean— (A) durable medical equipment (as defined in section 1861(n)) and supplies used with such equipment, other than implantable items for which payment may be made under section 1833(t); (B) prosthetic devices (as described in section 1861(s)(8)), including items described in section 1842(s)(2)(D); (C) orthotics and prosthetics (as described in section 1861(s)(9)); (D) surgical dressings (as described in section 1861(s)(5)); (E) home dialysis supplies and equipment (as described in section 1861(s)(2)(F)); and (F) therapeutic shoes for diabetics (as described in section 1861(s)(12)). . (2) Funding conforming amendment Section 1893(h)(2) of the Social Security Act ( 42 U.S.C. 1395ddd(h)(2) ) is amended by inserting or section 1874A(h)(9) after paragraph (1)(C) . (3) Transparency Section 1893(h)(8) of the Social Security Act ( 42 U.S.C. 1395ddd(h)(8) ) is amended— (A) in the first sentence, by inserting before the period at the end the following: , on the use of medicare administrative contractors in conducting audits with respect to durable medical equipment, prosthetics, orthotics, and supplies under section 1874A, and on the overturn rates for each level of appeal ; (B) by striking Report .—The Secretary and inserting Report.— (A) In general The Secretary ; and (C) by adding at the end the following new subparagraph: (B) Inclusion of certain information (i) In general For reports submitted under this paragraph for 2015 or a subsequent year, each such report shall include, with respect to each recovery audit contractor (and each medicare administrative contractor) that is responsible for audits relating to payment for durable medical equipment, prosthetics, orthotics, and supplies, information on the result of all appeals relating to audits for durable medical equipment, prosthetics, orthotics, and supplies for each individual level of appeals with respect to each of the categories of audits described in clause (ii) carried out by recovery audit contractors under this subsection or by medicare administrative contractors under section 1874A. For purposes of such reports and public reporting regarding such reports, such information relating to audits for orthotics and prosthetics shall be grouped separately from the information relating to audits for durable medical equipment and supplies. (ii) Categories of audits For purposes of clause (i), each of the following is a separate category of audit: (I) Automated. (II) Complex. (III) Medical necessity review. (IV) Part B. . (b) Adjustment of record request maximum based on error rates Section 1893 of the Social Security Act ( 42 U.S.C. 1395ddd ) is amended by adding at the end the following new subsection: (j) Adjustment of maximum record request threshold for audits for payment for durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) based on supplier error rates (1) Identification of error rates The Secretary shall determine the audited claims error rates for payment for durable medical equipment, prosthetics, orthotics, and supplies and identify— (A) those DMEPOS suppliers with a relatively high error rate with respect to claims for DMEPOS; and (B) those DMEPOS suppliers with a relatively low error rate with respect to such claims or with a steadily decreasing error rate for such claims. (2) Factors in identification (A) Analysis For purposes of identifying the groups of DMEPOS suppliers under paragraph (1), the Secretary shall analyze the following as they relate to the total number and amount of claims submitted by product category and by each DMEPOS supplier: (i) The improper payment rates of the supplier. (ii) The amount of improper payments made to the supplier. (iii) The frequency of errors made by the supplier over time. (iv) Other information determined appropriate by the Secretary. In performing such analysis, the Secretary shall exclude claims for payment that have been denied and are being appealed by a DMEPOS supplier under section 1869. (B) Assignment based on composite score Using a statistically valid sample, the Secretary shall assign DMEPOS suppliers under paragraph (1) based on a composite score determined using the analysis under subparagraph (A) as follows: (i) Suppliers with high, expensive, and frequent errors shall receive a high score and be identified as high error suppliers under paragraph (1)(A). (ii) Suppliers with few, inexpensive, and infrequent errors shall receive a low score and be identified as low error suppliers under paragraph (1)(B). (iii) Only a small proportion of the total suppliers in any area shall be assigned to either group identified under either such paragraph. (C) Timeframe of identification (i) In general Any identification of a DMEPOS supplier under paragraph (1) shall be for a period of 12 months. (ii) Reevaluation The Secretary shall reevaluate each such identification at the end of such period. (iii) Use of most current information In carrying out the reevaluation under clause (ii) with respect to a supplier, the Secretary shall— (I) consider the most current information available with respect to the supplier under the analysis under subparagraph (A); and (II) take into account improvement or regression of the supplier. (3) Adjustment of maximum record requests based on error rate performance The Secretary shall establish procedures under which, for those DMEPOS suppliers that are identified— (A) under paragraph (1)(A) (relating to a relatively high error rate), the Secretary shall increase the maximum record request made by Medicare DMEPOS contractors in auditing claims of such suppliers for DMEPOS; and (B) under paragraph (1)(B) (relating to a relatively low or decreasing error rate), the Secretary shall decrease the maximum record request made by Medicare DMEPOS contractors of such suppliers. (4) Best performing suppliers have reduced random audits In the case of a DMEPOS supplier that the Secretary identifies under paragraph (1)(B) for a year as having an audited claims error rate that is less than 15 percent for a category of DMEPOS, the Secretary shall not conduct more than 1 random audit of a claim per product category for the year for such category. (5) Restoration of clinical inference and judgment With respect to the conduct of payment audits of DMEPOS suppliers respecting DMEPOS under part B, the Secretary shall use clinical inference and clinical judgment in the evaluation of medical records and orders when conducting such audits in the same manner as the Secretary interpreted and applied such clinical judgment to claim reviews before 2009 pursuant to the Secretary’s instruction to contractors. (6) Treatment of certain documentation created by orthotists and prosthetists For purposes of determining under this title the reasonableness and medical necessity of prosthetic devices and orthotics and prosthetics, documentation created by orthotists and prosthetists relating to the need for such devices, orthotics, and prosthetics shall be considered part of the medical record. (7) Definitions In this subsection: (A) Durable medical equipment, prosthetics, orthotics, and supplies and DMEPOS The terms durable medical equipment, prosthetics, orthotics, and supplies and DMEPOS have the meaning given such terms in section 1874A(h)(10). (B) DMEPOS supplier The term DMEPOS supplier means an entity that furnishes DMEPOS to individuals for which payment may be made under part B. (C) Medicare DMEPOS contractor The term Medicare DMEPOS contractor means a recovery audit contractor and any other contractor (including a medicare administrative contractor) that performs pre-pay or post-pay audits with respect to claims for payment for DMEPOS under part B. . (c) Application of timely filing limits to reoccurring DMEPOS claims subject to payment audits Section 1842(b)(3)(B) of the Social Security Act ( 42 U.S.C. 1395u(b)(3)(B) ) is amended by inserting before the semicolon at the end the following: , except that the reopening of a claim by a Medicare DMEPOS contractor (as defined in section 1893(j)(7)) in a post-payment audit or a claim denial in a prepayment audit for DMEPOS (as defined in such section) shall toll the timely claim filing limits under this part such that the Secretary may not prohibit a DMEPOS supplier (as defined in such section) from taking an appeal from the determination of a claim in a pre- or post-payment audit, or the submission or resubmission for payment of any claims that follow sequentially from the audited claim on the basis that the timely claim filing limits have expired . (d) Maximum audit documentation review period of 3 years for Medicare contractors (1) R AC s Section 1893(h)(4)(B) of the Social Security Act ( 42 U.S.C. 1395ddd(h)(4)(B) ) is amended by striking 4 fiscal years and inserting 3 fiscal years . (2) In overpayment of claims The last sentences of subsections (b) and (c) of section 1870 of the Social Security Act (42 U.S.C. 1395gg) are each amended by striking fifth year and five-year and inserting third year and three-year , respectively. (3) Limitation on audit documentation review period Section 1874A(a) of the Social Security Act ( 42 U.S.C. 1395kk–1(a) ) is amended by adding at the end the following new paragraph: (7) Limitation on audit documentation review period The Secretary shall limit the audit documentation review period for medicare administrative contractors to 3 years. . (4) Effective date The amendments made by this subsection shall apply with respect to payments made for items and services furnished on or after the date of the enactment of this Act.
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113-hr-5084
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I 113th CONGRESS 2d Session H. R. 5084 IN THE HOUSE OF REPRESENTATIVES July 11, 2014 Mr. Cárdenas (for himself, Ms. Meng , Ms. Hahn , Mr. Carson of Indiana , Mr. Vargas , Mrs. Negrete McLeod , Ms. Clarke of New York , Mr. Lowenthal , Mr. Ruiz , and Mr. Ben Ray Luján of New Mexico ) introduced the following bill; which was referred to the Committee on Small Business A BILL To ensure equal access for HUBZone designations to all tax-paying small business owners.
1. Short title This Act may be cited as the HUBZone Equity Act . 2. Amendment to definition of HUBZone small business concern Subparagraph (A) of section 3(p)(3) of the Small Business Act (15 U.S.C. 632 (p)(3)) is amended by inserting or lawful permanent residents of the United States after United States citizens .
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113-hr-5085
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I 113th CONGRESS 2d Session H. R. 5085 IN THE HOUSE OF REPRESENTATIVES July 11, 2014 Ms. Esty (for herself and Mr. Cook ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committee on Armed Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for the issuance of a Families of Fallen Heroes Semipostal Stamp.
1. Short title This Act may be cited as the Support the Families of Fallen Heroes Semipostal Stamp Act . 2. Families of Fallen Heroes Semipostal Stamp (a) In general In order to afford a convenient way for members of the public to contribute to funding for programs benefitting the families of fallen service members, the United States Postal Service shall issue a semipostal stamp (referred to in this Act as the Families of Fallen Heroes Semipostal Stamp ) in accordance with the provisions of this section. (b) Terms and conditions (1) In general The issuance and sale of the Families of Fallen Heroes Semipostal Stamp under this section shall be governed by the provisions of section 416 of title 39, United States Code, and regulations issued under such section, subject to the requirements of this subsection. (2) Duration The Families of Fallen Heroes Semipostal Stamp shall be made available to the public for a period of 4 years, beginning no later than 12 months after the date of the enactment of this Act. (3) Disposition of proceeds After costs have been recovered by the United States Postal Service pursuant to section 416(d)(5) of title 39, United States Code, any amounts becoming available from the sale of the Families of Fallen Heroes Semipostal Stamp (as determined under section 416(d) of such title) shall be transferred, through payments which shall be made at least twice a year, as follows: (A) 50 percent of such amounts shall be transferred to the Tragedy Assistance Program for Survivors. (B) 50 percent of such amounts shall be transferred to the Families of the Fallen support program of the United Service Organizations, Inc. (4) Agencies The Tragedy Assistance Program for Survivors and Families of the Fallen support program of the United Service Organizations, Inc., shall be deemed to be agencies for purposes of applying section 416(d)(1) of title 39, United States Code. (c) Definition In this Act, the term semipostal stamp refers to a stamp described in section 416(a)(1) of title 39, United States Code.
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113-hr-5086
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I 113th CONGRESS 2d Session H. R. 5086 IN THE HOUSE OF REPRESENTATIVES July 11, 2014 Mr. Fortenberry introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the National Trails System Act to direct the Secretary of the Interior to conduct a study on the feasibility of designating the Chief Standing Bear National Historic Trail, and for other purposes.
1. Chief Standing Bear national historic trail feasibility study (a) Amendment Section 5(c) of the National Trails System Act ( 16 U.S.C. 1244(c) ) is amended by adding at the end the following: (__) Chief Standing Bear national historic trail (A) In general The Chief Standing Bear Trail, extending approximately 550 miles from Niobrara, Nebraska, to Ponca City, Oklahoma, which follows the route taken by Chief Standing Bear and the Ponca people during Federal Indian removal, and approximately 550 miles from Ponca City, Oklahoma, through Omaha, Nebraska, to Niobrara, Nebraska, which follows the return route taken by Chief Standing Bear and the Ponca people, as generally depicted on the map entitled Chief Standing Bear Removal and Return and dated June 25, 2014. (B) Availability of map The map described in subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the Department of the Interior. (C) Components The feasibility study conducted pursuant to subparagraph (A) shall include a determination on whether the Chief Standing Bear Trail meets the criteria in subsection (b) of for designation as a national historic trail. . (b) Timeline The feasibility study authorized by the amendment in subsection (a) shall be completed not later than one year after the date of the enactment of this Act.
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113-hr-5087
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I 113th CONGRESS 2d Session H. R. 5087 IN THE HOUSE OF REPRESENTATIVES July 11, 2014 Mr. Gibson 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 90 Cornell Street in Kingston, New York, as the Staff Sergeant Robert H. Dietz Post Office Building .
1. Staff Sergeant Robert H. Dietz Post Office Building (a) Designation The facility of the United States Postal Service located at 90 Cornell Street in Kingston, New York, shall be known and designated as the Staff Sergeant Robert H. Dietz Post Office Building . (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 Staff Sergeant Robert H. Dietz Post Office Building .
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113-hr-5088
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I 113th CONGRESS 2d Session H. R. 5088 IN THE HOUSE OF REPRESENTATIVES July 11, 2014 Mr. Murphy of Florida (for himself and Mr. Jolly ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to establish procedures for class actions at the Court of Appeals for Veterans Claims, and for other purposes.
1. Short title This Act may be cited as the Responsive and Efficient Appeals Courts for Heroes Act of 2014 . 2. Class actions before Court of Appeals for Veterans Claims (a) Authority for Court of Appeals for Veterans Claims To hear class actions Subchapter II of chapter 72 of title 38, United States Code, is amended by adding at the end the following new section: 7270. Class actions (a) In general The Court, acting as a panel or en banc, may hear class action appeals in accordance with this section. (b) Prerequisites One or more appellants may bring an action under this chapter as the representative party of a class on behalf of all members of the class only if the following criteria are met: (1) There is at least one question of law or fact common to the class. (2) The class is likely to consist of at least 50 members. (3) The resolution of the common questions of law or fact is likely to have a material effect on the claims of the members of the class (including with respect to the process by which such claims are adjudicated). (4) The representative party will fairly and adequately protect the interests of the class. (c) Certification procedure (1) Not later than 60 days after the date on which an appellant has filed an appeal, the appellant may file a motion with the Court to certify the appeal as a class action with respect to an issue that the appellant intends to raise on appeal. Such motion shall address the prerequisites under subsection (b), including by defining the class described in paragraph (2) of such subsection. The Court may waive such 60-day period for good cause shown, including with respect to instances where the appellant determined the appropriateness of the class action procedure as a result of the pleadings filed in the appeal after the filling of the notice of appeal. (2) (A) Upon the filing of a motion under paragraph (1), the Secretary shall— (i) make reasonable efforts to determine the approximate number of individuals with pending claims for benefits for whom class certification is sought under such motion; and (ii) file a response to such motion that— (I) includes the approximate number of individuals determined under subparagraph (A), including the efforts made by the Secretary to carry out such subparagraph (A); and (II) addresses the prerequisites under subsection (b). (B) The appellant may file a response to the response of the Secretary under subparagraph (A). (3) At an early practicable time after an appellant has filed a motion under paragraph (1) to certify the appeal as a class action and the Secretary has filed a response under paragraph (2)(A), the Court, acting as a panel or en banc, shall determine by order whether to grant class certification with respect to an issue considered under the appeal and allow the appellant to act as the representative party of the class. Such order shall— (A) address the prerequisites under subsection (b); and (B) if such class certification is granted under the order— (i) define, with specificity, the class and issue for which the class is certified; and (ii) appoint counsel for the class under subsection (e). (4) The Court, acting as a panel or en banc, may alter or amend an order issued under this section before final judgment as justice so requires. (5) An order granting class action under paragraph (3) shall direct the Secretary to notify members of the class who are reasonably identifiable in a form the Court determines practicable. Such notice shall state clearly, concisely, and in plain language— (A) a definition of the class certified; (B) a statement of the common questions of law or fact that will be subject to resolution by the Court on a class basis; (C) that a member of the class may enter an appearance through an attorney or nonattorney practitioner if the member so desires but such action is not necessary; (D) any other matters the Court determines appropriate. (6) In determining the class under paragraph (3), the Court may only include individuals who have, as of the date of the entry of judgment of the Court on the class action, filed a claim and such claim has not been finally resolved, including any appeals from a denial of such claim. (7) Any judgment in a class action (whether favorable or unfavorable to the class) shall include a description of the issue decided, the resolution of the issue, and the individual to whom notice of the certification of the action was directed. (d) Conduct of appeal (1) In hearing a class action, the Court may issue such orders as are necessary for the efficient and fair resolution of the action, including with respect to— (A) the determination of the manner in which proceedings will be conducted in order to advance the resolution of the common questions of law or fact; (B) whether additional notices should be made to members of the class concerning the status of the appeal or any other matter the Court determines appropriate; (C) whether the individual claims of members of the class should be stayed pursuant to paragraph (2) or any other orders the Court determines appropriate with respect to the maintenance of such individuals claims; and (D) any other matter the Court determines appropriate. (2) The Court may stay, in whole or in part, the individual claims of members of the class, including on a case-by-case basis, during the period in which the Court is considering the class action. In determining whether to issue such a stay, the Court shall consider— (A) the views of the parties; (B) whether issuance of such a stay would be likely to decrease the time that members of the class, the representatives of the class, and the Secretary would have to expend on the individual claims subject to the stay; and (C) whether such a stay is in the interests of justice in order to preserve the right of the members of the class to benefit from a favorable resolution of the common questions of law or fact by eliminating the possibility that individual claims would be finally denied during the pendency of the class action. (e) Class counsel (1) If the Court certifies a class action, the Court shall appoint counsel to represent the members of the class. Regardless of the number of applicants to serve as such a class counsel, in appointing such class counsel, the Court shall consider the following matters: (A) The work counsel has done in identifying and preparing for adjudication of the common questions of law or fact of the class action. (B) The experience of counsel in and knowledge of the law concerning benefits administered under this title. (C) The general experience of counsel in appellate litigation. (D) The record of the counsel for professionalism. (E) The resources that counsel will commit to representing the class. (F) If an attorney, whether the counsel is a member of a bar of a State in good standing. (G) Such other factors pertinent to the ability of counsel to fairly and adequately represent the interests of the class. (2) The Court may appoint an interim class counsel if the Court determines such appointment necessary to protect the interests of the class during the period preceding an appointment under paragraph (1). (3) Class counsel appointed under paragraph (1) or (2), and co-counsel appointed under paragraph (4), shall fairly and adequately represent the interests of the class at all times. (4) If the Court determines that there is more than one applicant who is qualified under paragraph (1) to serve as class counsel, the Court shall appoint the counsel whom the Court determines is best able to represent the interests of the class. Counsel appointed under this subsection may be counsel to an organization permitted to intervene under subsection (f) if such counsel meets the requirements of paragraph (1). (f) Intervention An organization named in or approved under section 5902 of this title may seek leave to intervene in a class action appeal. Such organization may seek to intervene during the period beginning on the date on which the motion is filed under paragraph (1) of subsection (b) and ending on the date that is 60 days after the date on which the Court grants class certification under paragraph (3) of such section. The Court shall grant intervention if the organization has an interest in the common questions of law or fact in the class action but may limit the intervention to specific matters determined appropriate by the Court. The Court may issue such other orders concerning the conduct of an intervenor as the Court determines necessary for the fair and efficient resolution of the class action. (g) Settlement, voluntary dismissal, compromise, or agreed upon remand The appeal of the appellant and a common issue of law or fact in a class action may be settled, voluntarily dismissed, compromised, or remanded by agreement only with the permission of the Court. The following procedures apply to a proposed settlement, voluntary dismissal, compromise, or agreed upon remand: (1) The Court shall direct notice to all members of the class who are reasonably identifiable and would be bound or affected by the proposal to settle, dismiss, compromise, or remand the matter. (2) If the proposal to settle, dismiss, compromise, or remand the matter would bind a member of the class, the Court may approve such proposal only after a hearing, for which notice is provided to the class, and on findings that such proposal is fair, reasonable, and adequate. (3) The parties seeing approval of a proposal to settle, dismiss, compromise, or remand the matter shall file a statement with the Court identifying any agreement made in connection with such proposal. (4) Any member of the class may object to the proposal to settle, dismiss, compromise, or remand the matter under any reasonable means the Court establishes for such objections and such objection may only be withdrawn with the permission of the Court. (h) Attorneys’ fees and costs Counsel appointed under subsection (e) to represent the class, and counsel for an intervenor under subsection (f), may seek an award of fees and costs under section 2412 of title 28. Nothing in this section shall affect any right of initial counsel for the representative party from also seeking an award of fees under such section. (i) Appeals Any member of the class, or individual who would be a member of the class if class certification was granted under subsection (c)(3), may appeal any decision of the Court issued under this section, including an order granting or denying class certification, under the terms set forth in section 7292 of this title. The United States Court of Appeals for the Federal Circuit shall have exclusive jurisdiction to review and decide any such appeal and the provisions of subsections (d)(1) and (e) of section 7292 of this title shall be applicable to such appeal. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7269 the following new item: 7270. Class actions. . 3. Salary of judges of Court of Appeals for Veterans Claims Section 7253(e) of title 38, United States Code, is amended by striking district courts and inserting courts of appeals .
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113-hr-5089
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I 113th CONGRESS 2d Session H. R. 5089 IN THE HOUSE OF REPRESENTATIVES July 11, 2014 Mr. Ross 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 2000 Mulford Road in Mulberry, Florida, as the Sergeant First Class Daniel M. Ferguson Post Office .
1. Sergeant First Class Daniel M. Ferguson Post Office (a) Designation The facility of the United States Postal Service located at 2000 Mulford Road in Mulberry, Florida, shall be known and designated as the Sergeant First Class Daniel M. Ferguson 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 Sergeant First Class Daniel M. Ferguson Post Office .
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113-hr-5090
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I 113th CONGRESS 2d Session H. R. 5090 IN THE HOUSE OF REPRESENTATIVES July 11, 2014 Mr. Salmon introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To prohibit providing Federal funds for the National Endowment for the Arts.
1. Prohibition Notwithstanding any other provision of law, no Federal funds may be made available to the National Endowment for the Arts.
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113-hr-5091
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I 113th CONGRESS 2d Session H. R. 5091 IN THE HOUSE OF REPRESENTATIVES July 11, 2014 Mr. Yoho (for himself, Mr. Amash , Mr. Massie , Mr. Holt , Mr. Broun of Georgia , Mr. Conyers , Ms. Lee of California , Mr. Mulvaney , and Mr. Labrador ) introduced the following bill; which was referred to the Committee on Armed Services , and in addition to the Select Committee on Intelligence (Permanent Select) , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To consolidate within the Department of Defense all executive authority regarding the use of armed unmanned aerial vehicles, and for other purposes.
1. Short title This Act may be cited as the Drone Reform Act . 2. Department of Defense executive authority over use of armed unmanned aerial vehicles (a) DOD executive authority (1) Prohibition No operation involving the use of an armed unmanned aerial vehicle shall be carried out under the authority of a department or agency of the Federal Government other than the Department of Defense. (2) Use by military personnel Only uniformed members of the United States Armed Forces may— (A) operate, or order the operation of, an armed unmanned aerial vehicle; or (B) operate or fire, or order the operation or firing of, any weapon or other munition carried on an armed unmanned aerial vehicle. (3) Applicable law The operation and use of an armed unmanned aerial vehicle shall be subject to the requirements of title 10 of the United States Code. (b) Rules of construction Nothing in this section shall be construed— (1) to limit or expand any authority of any component of the Federal Government to provide advice, including intelligence, to the Department of Defense in support of actions described in paragraph (1) and (2) of subsection (a); or (2) to create any authority, or expand any existing authority, for the Federal Government to kill any person. (c) Unmanned aerial vehicle The term unmanned aerial vehicle means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft. The term includes aircraft referred to as a drone, UAV, unmanned aircraft (UA), unmanned aerial system (UAS), remotely piloted aircraft (RPA), remotely piloted vehicle (RPV), remotely operated aircraft (ROA), and unmanned aerial vehicle system (UAVS). (d) Effective date This section shall take effect 60 days after the date of the enactment of this Act.
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113-hr-5092
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I 113th CONGRESS 2d Session H. R. 5092 IN THE HOUSE OF REPRESENTATIVES July 11, 2014 Mr. Young of Alaska introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Indian Self-Determination and Education Assistance Act to expedite civil actions, claims, and appeals under that Act, and for other purposes.
1. Short title This Act may be cited as the Fair and Accountable IHS Recompense Act of 2014 or the FAIR Act . 2. Deficiency Reports Available to the Public Section 106(c) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450j–1(c) ) is amended by inserting On and after May 1 of each year, the report prepared under this subsection for submission by May 15 of that year shall be available to the public and shall not be subject to an exemption under section 552(b) of title 5, United States Code. before Such report shall include . 3. Presumption of accuracy of deficiency report amounts Section 110 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450m–1 ) is amended by adding at the end the following: (f) Presumption of accuracy of deficiency report amounts In any civil action, claim, or related appeal brought under this section, it shall be presumed, in the absence of fraud or mathematical error, that the deficiency amounts reported to Congress under section 106(c)(2) accurately reflect the minimum damages due to any Indian tribe or tribal organization upon whose behalf the civil action, claim, or appeal was filed. (g) Attorney fees None of the funds awarded in a civil action, claim, or related appeal brought under this section shall be allocated for or used to pay attorney fees unless— (1) all attorney fees for services directly associated with the civil action, claim, or related appeal, are— (A) documented; and (B) charged at reasonable hourly rates; and (2) the documentation required under paragraph (1)(A) has been made available to— (A) the Natural Resources Committee of the House of Representatives; (B) the Indian Affairs Committee of the Senate; and (C) the public. (h) Liability; limitation Any Indian tribe or tribal organization upon whose behalf a civil action, claim, or related appeal was filed under this section shall not be held liable for paying any attorney fees for services directly associated with the civil action, claim, or related appeal if the attorney fees do not meet the standards under subsection (g). .
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113-hr-5093
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I 113th CONGRESS 2d Session H. R. 5093 IN THE HOUSE OF REPRESENTATIVES July 14, 2014 Ms. Kelly of Illinois introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To direct the Federal Trade Commission to prescribe rules prohibiting the marketing of firearms to children, and for other purposes.
1. Short title This Act may be cited as the Children’s Firearm Marketing Safety Act . 2. Prohibition of marketing firearms to children (a) Conduct prohibited Not later than one year after the date of the enactment of this Act, the Federal Trade Commission shall promulgate rules in accordance with section 553 of title 5, United States Code, to prohibit any person from marketing firearms to children. Such rules shall include the following: (1) A prohibition on the use of cartoon characters to promote firearms and firearm products. (2) A prohibition on firearm brand name merchandise marketed for children (such as hats, t-shirts, and stuffed animals). (3) A prohibition on the use of firearm marketing campaigns with the specific intent to appeal to children. (4) A prohibition on the manufacturing of a gun with colors or designs that are specifically designed with the purpose to appeal to children. (5) A prohibition on the manufacturing of a gun intended for use by children that does not clearly and conspicuously note the risk posed by the firearm by labeling somewhere visible on the firearm any of the following: (A) Real gun, not a toy. . (B) Actual firearm the use of which may result in death or serious bodily injury. . (C) Dangerous weapon . (D) Other similar language determined by the Federal Trade Commission. (b) Enforcement (1) Unfair or deceptive acts or practices A violation of a rule promulgated under subsection (a) shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ) regarding unfair or deceptive acts or practices. (2) Powers of Commission The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. Any person who violates the regulations promulgated under subsection (a) shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. (c) Actions 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 such State has been or is threatened or adversely affected by an act or practice in violation of a rule promulgated under subsection (a), the State, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate State court to— (A) enjoin such act or practice; (B) enforce compliance with such rule; (C) obtain damages, restitution, or other compensation on behalf of residents of the State; or (D) obtain such other legal and equitable relief as the court may consider to be appropriate. (2) Notice Before filing an action under this subsection, the attorney general, official, or agency of the State involved shall provide to the Federal Trade Commission a written notice of such action and a copy of the complaint for such action. If the attorney general, official, or agency determines that it is not feasible to provide the notice described in this paragraph before the filing of the action, the attorney general, official, or agency shall provide written notice of the action and a copy of the complaint to the Federal Trade Commission immediately upon the filing of the action. (3) Authority of Federal Trade Commission (A) In general On receiving notice under paragraph (2) of an action under this subsection, the Federal Trade Commission shall have the right— (i) to intervene in the action; (ii) upon so intervening, to be heard on all matters arising therein; and (iii) to file petitions for appeal. (B) Limitation on State action while Federal action is pending If the Federal Trade Commission or the Attorney General of the United States has instituted a civil action for violation of a rule promulgated under subsection (a) (referred to in this subparagraph as the Federal action ), no State attorney general, official, or agency may bring an action under this subsection during the pendency of the Federal action against any defendant named in the complaint in the Federal action for any violation of such rule alleged in such complaint. (4) Rule of construction For purposes of bringing a civil action under this subsection, nothing in this Act shall be construed to prevent an attorney general, official, or agency of a State from exercising the powers conferred on the attorney general, official, or agency by the laws of such State to conduct investigations, administer oaths and affirmations, or compel the attendance of witnesses or the production of documentary and other evidence. (d) Definitions In this section: (1) Child The term child means an individual that is less than 18 years of age. (2) Firearm The term firearm has the meaning given that term in section 921 of title 18, United States Code.
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113-hr-5094
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I 113th CONGRESS 2d Session H. R. 5094 IN THE HOUSE OF REPRESENTATIVES July 14, 2014 Mr. Miller of Florida introduced the following bill; which was referred to the Committee on Veterans’ Affairs , 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 title 38, United States Code, to authorize the Secretary of Veterans Affairs to recoup certain bonuses or awards paid to employees of the Department of Veterans Affairs.
1. Authority to recoup bonuses or awards paid to employees of Department of Veterans Affairs (a) In general Chapter 7 of title 38, United States Code, is amended by adding at the end the following new section: 712. Recoupment of bonuses or awards paid to employees of Department. Notwithstanding any other provision of law, the Secretary may issue an order directing an employee of the Department to repay the amount of any award or bonus paid to the employee under title 5, including under chapters 45 or 53 of such title, or this title if— (1) the Secretary determines such repayment appropriate pursuant to regulations prescribed by the Secretary to carry out this section; and (2) the employee is afforded notice and an opportunity for a hearing. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 712. Recoupment of bonuses or awards paid to employees of Department. .
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113-hr-5095
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I 113th CONGRESS 2d Session H. R. 5095 IN THE HOUSE OF REPRESENTATIVES July 14, 2014 Mr. Cicilline (for himself and Mr. Rigell ) introduced the following bill; which was referred to the Committee on House Administration A BILL To mandate all Members, Delegates, and the Resident Commissioner of the House of Representatives to complete annual ethics training conducted by the Committee on Ethics.
1. Mandatory annual ethics training for Members Title V of the Honest Leadership and Open Government Act of 2007 is amended by redesignating sections 555 and 556 as sections 556 and 557 and by inserting after section 554 the following new section: 555. Mandatory annual ethics training for Members (a) Training program The Committee on Ethics of the House of Representatives shall conduct ongoing ethics training and awareness programs for Members, Delegates, and the Resident Commissioner of the House of Representatives. (b) Requirements The ethics training program conducted by the Committee on Ethics shall be completed by— (1) new Members, Delegates, and the Resident Commissioner not later than 60 days after commencing service; and (2) Members, Delegates, and the Resident Commissioner serving on or after noon, January 3, 2015, during each session of a Congress, beginning with the 1st session of the 114th Congress. (c) Effective date This section shall take effect on noon, January 3, 2015. . 2. Conforming amendment The table of contents for title V of the Honest Leadership and Open Government Act of 2007 is amended by redesignating the items relating to sections 555 and 556 as 556 and 557 and by inserting after the item relating to section 554 the following: Sec. 555. Mandatory annual ethics training for Members. .
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113-hr-5096
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I 113th CONGRESS 2d Session H. R. 5096 IN THE HOUSE OF REPRESENTATIVES July 14, 2014 Mr. Price of North Carolina introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to clarify and expand Federal criminal jurisdiction over Federal contractors and employees outside the United States, and for other purposes.
1. Short title This Act may be cited as the Civilian Extraterritorial Jurisdiction Act of 2014 or the CEJA . 2. Clarification and expansion of Federal jurisdiction over Federal contractors and employees (a) Extraterritorial jurisdiction over Federal contractors and employees (1) In general Chapter 212A of title 18, United States Code, is amended— (A) by transferring the text of section 3272 to the end of section 3271, redesignating such text as subsection (c) of section 3271, and, in such text, as so redesignated, by striking this chapter and inserting this section ; (B) by striking the heading of section 3272; and (C) by adding after section 3271, as amended by this paragraph, the following new sections: 3272. Offenses committed by Federal contractors and employees outside the United States (a) (1) Whoever, while employed by any department or agency of the United States other than the Department of Defense or accompanying any department or agency of the United States other than the Department of Defense, knowingly engages in conduct (or conspires or attempts to engage in conduct) outside the United States that would constitute an offense enumerated in paragraph (3) had the conduct been engaged in within the special maritime and territorial jurisdiction of the United States shall be punished as provided for that offense. (2) A prosecution may not be commenced against a person under this subsection if a foreign government, in accordance with jurisdiction recognized by the United States, has prosecuted or is prosecuting such person for the conduct constituting the offense, except upon the approval of the Attorney General or the Deputy Attorney General (or a person acting in either such capacity), which function of approval may not be delegated. (3) The offenses covered by paragraph (1) are the following: (A) Any offense under chapter 5 (arson) of this title. (B) Any offense under section 111 (assaulting, resisting, or impeding certain officers or employees), 113 (assault within maritime and territorial jurisdiction), or 114 (maiming within maritime and territorial jurisdiction) of this title, but only if the offense is subject to a maximum sentence of imprisonment of one year or more. (C) Any offense under section 201 (bribery of public officials and witnesses) of this title. (D) Any offense under section 499 (military, naval, or official passes) of this title. (E) Any offense under section 701 (official badges, identification cards, and other insignia), 702 (uniform of armed forces and Public Health Service), 703 (uniform of friendly nation), or 704 (military medals or decorations) of this title. (F) Any offense under chapter 41 (extortion and threats) of this title, but only if the offense is subject to a maximum sentence of imprisonment of three years or more. (G) Any offense under chapter 42 (extortionate credit transactions) of this title. (H) Any offense under section 924(c) (use of firearm in violent or drug trafficking crime) or 924(o) (conspiracy to violate section 924(c)) of this title. (I) Any offense under chapter 50A (genocide) of this title. (J) Any offense under section 1111 (murder), 1112 (manslaughter), 1113 (attempt to commit murder or manslaughter), 1114 (protection of officers and employees of the United States), 1116 (murder or manslaughter of foreign officials, official guests, or internationally protected persons), 1117 (conspiracy to commit murder), or 1119 (foreign murder of United States nationals) of this title. (K) Any offense under chapter 55 (kidnapping) of this title. (L) Any offense under section 1503 (influencing or injuring officer or juror generally), 1505 (obstruction of proceedings before departments, agencies, and committees), 1510 (obstruction of criminal investigations), 1512 (tampering with a witness, victim, or informant), or 1513 (retaliating against a witness, victim, or an informant) of this title. (M) Any offense under section 1951 (interference with commerce by threats or violence), 1952 (interstate and foreign travel or transportation in aid of racketeering enterprises), 1956 (laundering of monetary instruments), 1957 (engaging in monetary transactions in property derived from specified unlawful activity), 1958 (use of interstate commerce facilities in the commission of murder for hire), or 1959 (violent crimes in aid of racketeering activity) of this title. (N) Any offense under section 2111 (robbery or burglary within special maritime and territorial jurisdiction) of this title. (O) Any offense under chapter 109A (sexual abuse) of this title. (P) Any offense under chapter 113B (terrorism) of this title. (Q) Any offense under chapter 113C (torture) of this title. (R) Any offense under chapter 115 (treason, sedition, and subversive activities) of this title. (S) Any offense under section 2442 (child soldiers) of this title. (T) Any offense under section 401 (manufacture, distribution, or possession with intent to distribute a controlled substance) or 408 (continuing criminal enterprise) of the Controlled Substances Act ( 21 U.S.C. 841 , 848), or under section 1002 (importation of controlled substances), 1003 (exportation of controlled substances), or 1010 (import or export of a controlled substance) of the Controlled Substances Import and Export Act ( 21 U.S.C. 952 , 953, 960), but only if the offense is subject to a maximum sentence of imprisonment of 20 years or more. (b) In addition to the jurisdiction under subsection (a), whoever, while employed by any department or agency of the United States other than the Department of Defense and stationed or deployed in a country outside of the United States pursuant to a treaty or executive agreement in furtherance of a border security initiative with that country, engages in conduct (or conspires or attempts to engage in conduct) outside the United States that would constitute an offense for which a person may be prosecuted in a court of the United States had the conduct been engaged in within the special maritime and territorial jurisdiction of the United States shall be punished as provided for that offense. (c) In this section: (1) The term employed by any department or agency of the United States other than the Department of Defense means— (A) an individual is— (i) employed as a civilian employee, a contractor (including a subcontractor at any tier), an employee of a contractor (or a subcontractor at any tier), a grantee (including a contractor of a grantee or a subgrantee or subcontractor at any tier), or an employee of a grantee (or a contractor of a grantee or a subgrantee or subcontractor at any tier) of any department or agency of the United States other than the Department of Defense; (ii) present or residing outside the United States in connection with such employment; and (iii) not a national of or ordinarily resident in the host nation; and (B) in the case of an individual who is such a contractor, contractor employee, grantee, or grantee employee, such employment supports a program, project, or activity for a department or agency of the United States. (2) The term accompanying any department or agency of the United States other than the Department of Defense means an individual is— (A) a dependant, family member, or member of household of— (i) a civilian employee of any department or agency of the United States other than the Department of Defense; or (ii) a contractor (including a subcontractor at any tier), an employee of a contractor (or a subcontractor at any tier), a grantee (including a contractor of a grantee or a subgrantee or subcontractor at any tier), or an employee of a grantee (or a contractor of a grantee or a subgrantee or subcontractor at any tier) of any department or agency of the United States other than the Department of Defense, which contractor, contractor employee, grantee, or grantee employee is supporting a program, project, or activity for a department or agency of the United States other than the Department of Defense; (B) residing with such civilian employee, contractor, contractor employee, grantee, or grantee employee outside the United States; and (C) not a national of or ordinarily resident in the host nation. (3) The term grant agreement means a legal instrument described in section 6304 or 6305 of title 31, other than an agreement between the United States and a State, local, or foreign government or an international organization. (4) The term grantee means a party, other than the United States, to a grant agreement. (5) The term host nation means the country outside of the United States where the employee or contractor resides, the country where the employee or contractor commits the alleged offense at issue, or both. 3273. Regulations The Attorney General, after consultation with the Secretary of Defense, the Secretary of State, the Secretary of Homeland Security, and the Director of National Intelligence, shall prescribe regulations governing the investigation, apprehension, detention, delivery, and removal of persons described in sections 3271 and 3272 of this title. . (2) Conforming amendment Subparagraph (A) of section 3267(1) of title 18, United States Code, is amended to read as follows: (A) employed as a civilian employee, a contractor (including a subcontractor at any tier), or an employee of a contractor (or a subcontractor at any tier) of the Department of Defense (including a nonappropriated fund instrumentality of the Department); . (b) Venue Chapter 211 of title 18, United States Code, is amended by adding at the end the following new section: 3245. Optional venue for offenses involving Federal employees and contractors overseas In addition to any venue otherwise provided in this chapter, the trial of any offense involving a violation of section 3261, 3271, or 3272 of this title may be brought— (1) in the district in which is headquartered the department or agency of the United States that employs the offender, or any 1 of 2 or more joint offenders; or (2) in the district in which is headquartered the department or agency of the United States that the offender is accompanying, or that any 1 of 2 or more joint offenders is accompanying. . (c) Suspension of statute of limitations Chapter 213 of title 18, United States Code, is amended by inserting after section 3287 the following new section: 3287A. Suspension of limitations for offenses involving Federal employees and contractors overseas The statute of limitations for an offense under section 3272 of this title shall be suspended for the period during which the individual is outside the United States or is a fugitive from justice within the meaning of section 3290 of this title. . (d) Technical amendments (1) Heading amendment The heading of chapter 212A of title 18, United States Code, is amended to read as follows: 212A Extraterritorial Jurisdiction Over Offenses of Contractors and Civilian Employees of the Federal Government . (2) Tables of sections (A) The table of sections for chapter 211 of title 18, United States Code, is amended by adding at the end the following new item: 3245. Optional venue for offenses involving Federal employees and contractors overseas. . (B) The table of sections for chapter 212A of title 18, United States Code, is amended by striking the item relating to section 3272 and inserting the following new items: 3272. Offenses committed by Federal contractors and employees outside the United States. 3273. Regulations. . (C) The table of sections for chapter 213 of title 18, United States Code, is amended by inserting after the item relating to section 3287 the following new item: 3287A. Suspension of limitations for offenses involving Federal employees and contractors overseas. . (3) Table of chapters The item relating to chapter 212A in the table of chapters for part II of title 18, United States Code, is amended to read as follows: 212A. Extraterritorial Jurisdiction Over Offenses of Contractors and Civilian Employees of the Federal Government 3271 . 3. Investigative task forces for contractor and employee oversight (a) Establishment of investigative task forces for contractor and employee oversight The Attorney General, in consultation with the Secretary of Defense, the Secretary of State, the Secretary of Homeland Security, and the head of any other department or agency of the Federal Government responsible for employing contractors or persons overseas, shall assign adequate personnel and resources, including through the creation of task forces, to investigate allegations of criminal offenses under chapter 212A of title 18, United States Code (as amended by section 2(a) of this Act), and may authorize the overseas deployment of law enforcement agents and other employees of the Federal Government for that purpose. (b) Responsibilities of attorney general (1) Investigation The Attorney General shall have principal authority for the enforcement of this Act and the amendments made by this Act, and shall have the authority to initiate, conduct, and supervise investigations of any alleged offense under this Act or an amendment made by this Act. (2) Law enforcement authority With respect to violations of sections 3271 and 3272 of title 18, United States Code (as amended by section 2(a) of this Act), the Attorney General may authorize any person serving in a law enforcement position in any other department or agency of the Federal Government, including a member of the Diplomatic Security Service of the Department of State or a military police officer of the Armed Forces, to exercise investigative and law enforcement authority, including those powers that may be exercised under section 3052 of title 18, United States Code, subject to such guidelines or policies as the Attorney General considers appropriate for the exercise of such powers. (3) Prosecution The Attorney General may establish such procedures the Attorney General considers appropriate to ensure that Federal law enforcement agencies refer offenses under section 3271 or 3272 of title 18, United States Code (as amended by section 2(a) of this Act), to the Attorney General for prosecution in a uniform and timely manner. (4) Assistance on request of attorney general Notwithstanding any statute, rule, or regulation to the contrary, the Attorney General may request assistance from the Secretary of Defense, the Secretary of State, or the head of any other department or agency of the Federal Government to enforce section 3271 or 3272 of title 18, United States Code (as so amended). The assistance requested may include the following: (A) The assignment of additional employees and resources to task forces established by the Attorney General under subsection (a). (B) An investigation into alleged misconduct or arrest of an individual suspected of alleged misconduct by agents of the Diplomatic Security Service of the Department of State present in the nation in which the alleged misconduct occurs. (5) Annual report Not later than 1 year after the date of enactment of this Act, and annually thereafter for 5 years, the Attorney General shall, in consultation with the Secretary of Defense, the Secretary of State, and the Secretary of Homeland Security, submit to Congress a report containing the following: (A) The number of prosecutions under chapter 212A of title 18, United States Code (as amended by section 2(a) of this Act), including the nature of the offenses and any dispositions reached, during the previous year. (B) The actions taken to implement subsection (a), including the organization and training of employees and the use of task forces, during the previous year. (C) Such recommendations for legislative or administrative action as the President considers appropriate to enforce chapter 212A of title 18, United States Code (as amended by section 2(a) of this Act), and the provisions of this section. (c) Definitions In this section, the terms agency and department have the meanings given such terms in section 6 of title 18, United States Code. (d) Rule of construction Nothing in this section shall be construed to limit any authority of the Attorney General or any Federal law enforcement agency to investigate violations of Federal law or deploy employees overseas. 4. Effective date (a) Immediate effectiveness This Act and the amendments made by this Act shall take effect on the date of enactment of this Act. (b) Implementation The Attorney General and the head of any other department or agency of the Federal Government to which this Act or an amendment made by this Act applies shall have 90 days after the date of enactment of this Act to ensure compliance with this Act and the amendments made by this Act. 5. Rules of construction (a) In general Nothing in this Act or any amendment made by this Act shall be construed— (1) to limit or affect the application of extraterritorial jurisdiction related to any other Federal law; or (2) to limit or affect any authority or responsibility of a Chief of Mission as provided in section 207 of the Foreign Service Act of 1980 ( 22 U.S.C. 3927 ). (b) Intelligence activities Nothing in this Act or any amendment made by this Act shall apply to the authorized intelligence activities of the United States Government. 6. Funding If any amounts are appropriated to carry out this Act or an amendment made by this Act, the amounts shall be from amounts which would have otherwise been made available or appropriated to the Department of Justice.
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113-hr-5097
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I 113th CONGRESS 2d Session H. R. 5097 IN THE HOUSE OF REPRESENTATIVES July 14, 2014 Mr. Boustany introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To direct the Secretary of Veterans Affairs to allow certain veterans to participate in the Patient-Centered Community Care program.
1. Short title This Act may be cited as the Local Care for Veterans Act . 2. Participation in Patient-Centered Community Care program (a) In general The Secretary of Veterans Affairs shall ensure that a veteran described in subsection (b) may elect to receive health care treatment and services under the Patient-Centered Community Care program. (b) Veteran described A veteran described in this subsection is a veteran whom the Secretary determines meets the following criteria: (1) The veteran is enrolled in the health care system established under section 1705(a) of title 38, United States Code. (2) The veteran resides not more than 50 miles from the nearest facility of the Department of Veterans Affairs that— (A) the Secretary has identified— (i) in a prospectus level lease request, regardless of the date of such request, as being deficient with respect to providing certain treatment or services; or (ii) as needing expansion; and (B) the Secretary determines that such a deficiency has not been resolved or such an expansion has not occurred, including pursuant to leases entered into under an Act authorizing major medical facility leases. (c) Health care treatment and services The health care treatment and services a veteran may receive under this section shall be— (1) the treatment and services identified as being deficient if the veteran lives not more than 50 miles from a facility described in clause (i) of subsection (b)(2)(A); and (2) the treatment and services the veteran is eligible for under chapter 17 of title 38, United States Code, if the veteran lives not more than 50 miles from a facility described in clause (ii) of such subsection.
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113-hr-5098
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I 113th CONGRESS 2d Session H. R. 5098 IN THE HOUSE OF REPRESENTATIVES July 14, 2014 Mr. Daines 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 temporarily exempt from the employer health insurance mandate certain Medicare and Medicaid providers.
1. Short title This Act may be cited as the Ensuring Medicaid and Medicare Access to Providers Act . 2. Certain Medicare and Medicaid providers temporarily exempt from employer health insurance mandate (a) In general Section 4980H(c)(2) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (F) Exception for certain Medicare and Medicaid providers (i) In general In the case of any month beginning in 2014 or 2015, the term applicable large employer shall not include any employer who is a specified Medicare and Medicaid provider with respect to the calendar year in which such month begins. (ii) Specified Medicare and Medicaid provider The term specified Medicare and Medicaid provider means, with respect to any calendar year, any employer if the total specified Medicare and Medicaid payments received by such employer during the applicable period equals or exceeds 60 percent of the total gross receipts of such employer for such period. (iii) Specified Medicare and Medicaid payments The term specified Medicare and Medicaid payments means— (I) any payment made to the employer under title XIX of the Social Security Act for the furnishing of items and services included as medical assistance (as defined in section 1905(a) of the Social Security Act ( 42 U.S.C. 1396d(a) )) under such title, and (II) any payment made to the employer under title XVIII of such Act for the furnishing of items and services to individuals entitled to benefits under part A of such title or enrolled under part B of such title, including dual eligible individuals (as defined in section 1915(h)(2)(B) of such Act (42 U.S.C. 1396n(h)(2)(B))). (iv) Treatment of payment for items and services furnished through a health plan In applying clause (iii) with respect to the payment for items and services furnished to individuals enrolled in a health plan under a contract under title XVIII or XIX of the Social Security Act, payment for such items and services under such plan shall be treated as payment under such respective title. (v) Applicable period (I) In general For purposes of this subparagraph, the term applicable period means, with respect to any calendar year, the 3 taxable years ending before the beginning of such calendar year. (II) Application of certain rules Rules similar to the rules of subparagraphs (A), (C), and (D) of section 448(c)(3) shall apply for purposes of this clause. (III) Special rule for first taxable year of existence In the case of an employer no taxable year of which ends before the beginning of the calendar year, the applicable period for such calendar year shall be the period beginning on the date that such employer came into existence and ending with the close of such calendar year. . (b) Effective date The amendment made by this section shall apply to months beginning after December 31, 2013.
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113-hr-5099
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I 113th CONGRESS 2d Session H. R. 5099 IN THE HOUSE OF REPRESENTATIVES July 14, 2014 Mr. Grayson introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To amend the National Institute of Standards and Technology Act to remove the National Security Agency from the list of the entities consulted during the development of information systems standards and guidelines.
1. 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, .
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113-hr-5100
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I 113th CONGRESS 2d Session H. R. 5100 IN THE HOUSE OF REPRESENTATIVES July 14, 2014 Mr. Price of North Carolina (for himself and Mr. Petri ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Higher Education Act of 1965 to require institutions of higher education to report revenue generated by each sports team, and for other purposes.
1. Short title This Act may be cited as the Standardization of Collegiate Oversight of Revenues and Expenditures Act or SCORE Act . 2. Reporting by institutions of higher education on athletic revenue and expenses Section 485(g) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(g) ) is amended— (1) in paragraph (1), by adding at the end the following: (K) The amount of revenue generated by each of the following categories, disaggregated by each sports team, if applicable: (i) Ticket sales. (ii) Student fees. (iii) Distributions from any other intercollegiate athletic association, conference, or tournament. (iv) Appearance guarantees and options. (v) Contributions from alumni and others. (vi) Compensation and benefits provided by third-party support. (vii) Concessions, programs, novelties, and parking. (viii) Broadcast and media rights, reported separately for television, radio, internet, and print. (ix) Royalties, advertising, and sponsorship. (x) Sports camps. (xi) Endowment and investment income, reported separately for each source of such income. (xii) Direct institutional support. (xiii) Indirect institutional support for facilities, services, and administrative support. (xiv) Direct government support, reported separately by State government, local government, Federal Government. (L) The expenses attributable to each of the following categories, disaggregated by each sports team, as applicable: (i) Grants-in-aid. (ii) Guarantees and options. (iii) Total salaries and benefits, and salaries and benefits paid by the institution and by third parties, respectively, to head coaches, to assistant coaches, and for administrative salaries. (iv) Severance pay. (v) Team travel. (vi) Recruiting. (vii) Equipment, uniforms, and supplies. (viii) Fundraising. (ix) Marketing and promotion. (x) Game expenses. (xi) Medical. (xii) Membership dues. (xiii) Sports camps. (xiv) Spirit groups. (xv) Transfers to the institution. (xvi) Debt service payments. (xvii) Athletic facility maintenance and rental. (xviii) Indirect facilities and administrative support. (xix) Education and general expenses of the institution— (I) including instruction, research, public service, academic support, student services, instructional support, and scholarships and fellowships; and (II) which do not include expenses with respect to auxiliary enterprises, hospitals, or independent operations. ; (2) in paragraph (5)— (A) by striking the term and inserting the following: (A) the term ; (B) by striking the period at the end inserting ; and ; and (C) by adding at the end the following: (B) the terms listed in each of the categories under subparagraphs (K) through (L) of paragraph (1) shall be defined by the Secretary by regulation, developed in consultation with the Secretary of the Treasury and the task force described in paragraph (6)(A), and such definitions shall be updated in accordance with paragraph (6)(B). ; and (3) by adding at the end the following: (6) Task force; definition updates (A) Task force The Secretary shall appoint a task force of nonprofit and higher education accounting experts, professionals, and organizations representing each of the following: (i) Institutions of higher education that are members of division I of National Collegiate Athletic Association. (ii) Institutions of higher education that are members of division II of National Collegiate Athletic Association. (iii) Institutions of higher education that are members of division III of National Collegiate Athletic Association. (B) Updating definitions The Secretary, on a biannual basis and in consultation with the task force described in subparagraph (A), shall review each definition under paragraph (5)(B) and, if necessary, update such definition in accordance with generally accepted accounting principles or significant changes in the national system of intercollegiate athletics. (7) Special rule An institution of higher education that submits the information described in subparagraphs (K) through (L) of paragraph (1) to an intercollegiate athletic association for an academic year, and such information is verified by an independent audit and certified by chancellor of the institution, may, in lieu of submitting such information under paragraph (1), request such association to directly submit such information to the Secretary on behalf of the institution for such academic year. . 3. Program requirements Section 487(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a) ) is amended by adding at the end the following: (30) (A) An institution will not be a member of any intercollegiate athletic association or participate in any national intercollegiate athletics competition organized by any person, unless such association or person reports, on an annual basis, to the Secretary the following, disaggregated by sport, athletic event, or contract, as applicable: (i) Total generated revenue and amount of revenue generated by each of the following categories: (I) Total ticket sales. (II) Distributions from other intercollegiate athletic organization or person. (III) Cash contributions. (IV) Dues and other assessments from member institutions of higher education. (V) Third-party support. (VI) Merchandise. (VII) Concessions, programs, and novelties. (VIII) Broadcast and media rights, reported separately for television, radio, internet, and print. (IX) Endowment and investment income, reported separately for each source of such income. (X) Other corporate sponsorship. (XI) Royalties, advertising, and sponsorship. (XII) Net assets. (XIII) Direct government support, reported separately by State government, local government, or Federal Government. (XIV) Any other category determined appropriate by the Secretary. (ii) Amount of expenses attributable to each of the following categories: (I) Disbursements to institutions of higher educations, athletic conferences, or other persons. (II) Salaries and benefits. (III) Severance pay. (IV) Equipment, uniforms, and supplies. (V) Fundraising. (VI) Marketing and promotion. (VII) Game expenses. (VIII) Medical. (IX) Facility construction. (X) Facility maintenance and rental. (XI) Capital investment. (XII) Debt service payments. (XIII) Charitable donations. (XIV) Any other category determined appropriate by the Secretary. (iii) Executive compensation schedules. (B) The Secretary shall— (i) define by regulation, developed in consultation with the Secretary of the Treasury and the task force described in section 485(g)(6)(A), the terms listed in each of the categories under subparagraphs (A); and (ii) on a biannual basis and in consultation with such task force, review each definition under clause (i) and, if necessary, update such definition in accordance with generally accepted accounting principles or significant changes in the national system of intercollegiate athletics. .
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113-hr-5101
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I 113th CONGRESS 2d Session H. R. 5101 IN THE HOUSE OF REPRESENTATIVES July 14, 2014 Ms. Hahn (for herself, Mr. Poe of Texas , Mr. Richmond , Mr. Lowenthal , Mr. Gene Green of Texas , Mr. Nolan , Mr. Rush , and Ms. Fudge ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish a National Freight Network Trust Fund to improve the performance of the national freight network, and for other purposes.
1. Short title This Act may be cited as the National Freight Network Trust Fund Act of 2014 . 2. National Freight Network Trust Fund (a) In general Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 9512. National Freight Network Trust Fund (a) Creation of Trust Fund There is hereby established in the Treasury of the United States a trust fund to be known as the National Freight Network Trust Fund , consisting of such amounts as may be appropriated or credited to such Trust Fund as provided in this section and section 9602(b). (b) Transfers to Trust Fund There are hereby appropriated to the National Freight Network Trust Fund amounts equivalent to 5 percent of the import duties imposed under the Harmonized Tariff Schedule of the United States. (c) Expenditures Amounts in the National Freight Network Trust Fund shall be available as provided in appropriations Acts only for making expenditures to fund awards under the National Freight Network Grant Program established under section 3(a) of the National Freight Network Trust Fund Act of 2014. . (b) Clerical amendment The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: Sec. 9512. National Freight Network Trust Fund. . 3. National Freight Network Grant Program (a) Establishment There is hereby established in the Department of Transportation a National Freight Network Grant Program (in this section referred to as the Program ) to improve the performance of the national freight network. (b) Grant authority Under the Program, the Secretary of Transportation, in accordance with the national freight strategic plan developed under section 167 of title 23, United States Code, may make a grant to assist any project that improves the performance of a segment of the national freight network. (c) Grant recipients Under the Program, the Secretary may make a grant to the following: (1) A State. (2) A regional or local transportation organization. (3) A port authority. (d) Applications To be eligible for a grant under the Program, an entity specified in subsection (c) shall submit to the Secretary an application regarding a proposed project at such time, in such form, and containing such information as the Secretary determines is appropriate. (e) Selection criteria In making grants under the Program, the Secretary shall evaluate and select projects on a competitive basis by considering the potential of the projects to— (1) generate national economic benefits; (2) improve the performance of key corridors and gateways; (3) reduce congestion; (4) improve transportation safety; and (5) enhance the national freight network. (f) Federal share The Federal share of the cost of a project assisted with a grant under the Program shall be 90 percent. (g) Authorization of appropriations There is authorized to be appropriated each fiscal year to carry out the Program the amounts available in the National Freight Network Trust Fund established under section 9512 of the Internal Revenue Code of 1986. (h) National freight network defined In this section, the term national freight network means— (1) the national freight network established under section 167 of title 23, United States Code; (2) roads and rail lines that connect such network to a port; (3) on-dock rail; (4) projects that appear in a State freight plan; (5) projects that appear in a regional transportation plan; (6) high freight volume roadway or rail corridors that provide connectivity for— (A) ports; (B) intermodal connectors; (C) multimodal freight facilities; (D) multistate freight corridors; (E) international borders; or (F) airports; and (7) railway-highway grade separations. 4. National freight policy Section 167(c)(1) of title 23, United States Code, is amended by inserting , and update every 5 years thereafter, after shall establish .
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113-hr-5102
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I 113th CONGRESS 2d Session H. R. 5102 IN THE HOUSE OF REPRESENTATIVES July 14, 2014 Mr. Lewis 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 repeal the requirement for employer disclosure of information on health care coverage of employees who are Medicare beneficiaries, and for other purposes.
1. Short title This Act may be cited as the Medicare Employer Relief Act of 2014 . 2. Repealing section 1862 (b) (5) of the Social Security Act (a) In general Section 1862(b) of the Social Security Act ( 42 U.S.C. 1395y(b) ) is amended by striking paragraph (5). (b) Effective date The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to information required to be provided on or after January 1, 2015.
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113-hr-5103
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I 113th CONGRESS 2d Session H. R. 5103 IN THE HOUSE OF REPRESENTATIVES July 14, 2014 Mr. Rohrabacher (for himself and Mr. Ryan of Ohio ) introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committees on the Judiciary and Financial Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To impose sanctions on Chinese state-owned enterprises and any person who is a member of the board of directors, an executive officer, or a senior official of a Chinese state-owned enterprise for benefitting from cyber and economic espionage against the United States.
1. Short title This Act may be cited as the Chinese Communist Economic Espionage Sanctions Act . 2. Findings Congress finds the following: (1) The Chinese Communist Party (CCP) has made it its policy to engage in economic warfare against the United States. (2) The CCP uses the resources of the People’s Liberation Army (PLA) and the Chinese State to drain the United States of economic might, including by means of economic espionage and cyber espionage, unfair trade practices, unfair labor practices, and currency manipulation. (3) Chinese state-owned enterprises (SOE) and the PLA are the main beneficiary of the CCP’s campaign of theft against the United States. (4) Although many SOEs are listed on stock exchanges or officially privatized, the Chinese government retains at least one-half of equity in those companies. (5) SOEs come under the control of the ministerial-level State-owned Assets Supervision and Administration Commission. (6) Members of the boards of directors and senior management of SOEs are appointed by the State-owned Assets Supervision and Administration Commission in consultation with the Communist Party’s Department of Organization. (7) More than two-thirds of board members and three-quarters of senior executives of SOEs are either Communist Party members or officials. (8) Corruption within the CCP is widespread and endemic. (9) CCP officials use their positions of control and influence within and over SOE’s to enrich themselves and their families. (10) The vast majority of the Chinese people do not benefit from the corruption of the CCP. (11) On May 19, 2014, the United States Department of Justice announced charges against five members of the PLA, accusing them of stealing trade secrets from United States companies and marking the first time the United States has charged foreign government employees with economic espionage. (12) The indictment charged that members of the PLA worked to steal information from United States companies that would be useful to their competitors in China, including state-owned enterprises . (13) Chinese SOEs are reported to have benefitted directly from their actions, including the State Nuclear Power Technology Corporation, the Baosteel Group, and the Aluminum Corporation of China (Chinalco). (14) The chairman of the board and the majority of the boards for the State Nuclear Power Technology Corporation, the Baosteel Group, and the Aluminum Corporation of China (Chinalco) are members of the CCP. (15) On May 21, 2014, Assistant Attorney General John Carlin said that criminal charges can justify economic sanctions. (16) The indictment named members of Unit 61398 which is publicly identified as a Shanghai-based cyber unit of the PLA also known as APT1. (17) Unit 61398 is part of the 2nd Bureau of the PLA, 3rd Department of the General Staff. (18) Unit 61398 was first publically identified in 2013 as APT1 by Mandiant, a United States cyber security firm and leader in cyber incident response industry. (19) Mandiant exposed a timeline of Unit 61398’s economic espionage conducted since 2006 against 141 victims across multiple industries. (20) Mandiant’s conclusions have been supported by CrowdStrike, another cyber security company, which publicly revealed the existence of Unit 61486, a related PLA unit dedicated to cyber espionage. (21) George Kurts, the co-founder of CrowdStrike, stated that If you look at all the groups that we track in China, the indictments are just the very tip of the iceberg. . (22) Units 61398 and 61486 are only two of at least 20 cyber threat groups in Communist China and are considered by multiple experts to have stolen vast amounts of valuable information from the United States. (23) The 2011 annual report to Congress from the Office of the Secretary of Defense, titled Military and Security Developments Involving the People’s Republic of China , states, The PRC also utilizes a large, well-organized network of enterprises, defense factories, affiliated research institutes, and computer network operations to facilitate the collection of sensitive information and export-controlled technology, as well as basic research and science that supports U.S. defense system modernization. . (24) A 2011 report by the Office of the National Counterintelligence Executive found that Chinese actors are the world’s most active and persistent perpetrators of economic espionage. . (25) The 2012 annual report to Congress from the Office of the Secretary of Defense, titled Military and Security Developments Involving the People’s Republic of China , found that Chinese attempts to collect U.S. technological and economic information will continue at a high level and will represent a growing and persistent threat to U.S. economic security. . (26) James Clapper, the Director of National Intelligence, stated, Among significant foreign threats . . . China remain[s] the most capable and persistent intelligence threats and are aggressive practitioners of economic espionage against the United States. . (27) Retired General Michael Hayden, former Director of the Central Intelligence Agency and Director of the National Security Agency, stated, The intensity of Chinese espionage is certainly greater than that what we saw between the U.S. and the Soviets during the Cold War. The problem is China’s view is that industrial espionage by the state against relatively vulnerable private enterprise is a commonly accepted state practice, . (28) The annual report by the congressional United States–China Economic and Security Review Commission stated in 2013, strong evidence emerged that the Chinese government is directing and executing a large-scale cyber espionage campaign against the United States . (29) Retired Lieutenant General Ronald Burgess, Jr., former Director of the Defense Intelligence Agency, stated, China has used its intelligence services to gather information via a significant network of agents and contacts using a variety of methods … In recent years, multiple cases of economic espionage and theft of dual-use and military technology have uncovered pervasive Chinese collection efforts, . (30) Congressman Mike Rogers, Chairman of the Permanent Select Committee on Intelligence of the House of Representatives, stated, China’s economic espionage has reached an intolerable level and I believe that the United States and our allies in Europe and Asia have an obligation to confront Beijing and demand that they put a stop to this piracy. Beijing is waging a massive trade war on us all, and we should band together to pressure them to stop. Combined, the United States and our allies in Europe and Asia have significant diplomatic and economic leverage over China, and we should use this to our advantage to put an end to this scourge, . (31) The threat of Chinese espionage is so large that Senator Sheldon Whitehouse, D–Rhode Island, who chaired the Cyber Task Force of the Select Committee on Intelligence, proclaimed it to be part of the biggest transfer of wealth through theft and piracy in the history of mankind . (32) Massive cyber and economic espionage organized, directed, and carried out by the CCP and the PLA has contributed to creating a $318,000,000,000 United States trade deficit with Communist China in 2013, which equals 1.89 percent of total United States gross domestic product (GDP). 3. Sense of Congress It is the sense of Congress that the Chinese Communist Party and the Government of the People’s Republic of China should be condemned for sponsoring, planning, ordering, conducting, and benefitting from cyber and economic espionage against the United States. 4. Financial Measures (a) Freezing of Assets The President shall exercise all powers granted by the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) (except that the requirements of section 202 of such Act ( 50 U.S.C. 1701 ) shall not apply) to the extent necessary to block and prohibit all transactions in all property and interests in property of a covered Chinese state-owned enterprise or a person who is a member of the board of directors, an executive officer, or a senior official of a covered Chinese state-owned enterprise if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (b) Enforcement (1) Penalties A covered Chinese state-owned enterprise or a person who is a member of the board of directors, an executive officer, or a senior official of a covered Chinese state-owned enterprise shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of such section. (2) Requirements for financial institutions Not later than 120 days after the date of the enactment of this Act, the Secretary of the Treasury shall prescribe or amend regulations as needed to require each financial institution that is a United States person and has within its possession or control assets that are property or interests in property of a covered Chinese state-owned enterprise or a person who is a member of the board of directors, an executive officer, or a senior official of a covered Chinese state-owned enterprise if such property and interests in property are in the United States to certify to the Secretary that, to the best of the knowledge of the financial institution, the financial institution has frozen all assets within the possession or control of the financial institution that are required to be frozen pursuant to subsection (a). (c) Regulatory Authority The Secretary of the Treasury shall issue such regulations, licenses, and orders as are necessary to carry out this section. (d) Definitions In this section: (1) Covered Chinese state-owned enterprise The term covered Chinese state-owned enterprise means an enterprise that— (A) is organized under the laws of the People’s Republic of China, including a foreign branch of such enterprise; and (B) is owned or controlled by the Government of the People’s Republic of China or the Chinese Communist Party. (2) United States person The term United States person means— (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity. 5. Inadmissibility of certain aliens (a) Ineligibility for visas An alien is ineligible to receive a visa to enter the United States and ineligible to be admitted to the United States if the alien is a person who is a member of the board of directors, an executive officer, or a senior official of a covered Chinese state-owned enterprise. (b) Current visas revoked The Secretary of State shall revoke, in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) ), the visa or other documentation of any alien who would be ineligible to receive such a visa or documentation under subsection (a) of this section. (c) Regulatory authority The Secretary of State shall prescribe such regulations as are necessary to carry out this section. 6. Report to Congress (a) In general Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State and the Secretary of the Treasury shall submit to the appropriate congressional committees a report on— (1) the actions taken to carry out this Act, including the number of covered Chinese state-owned enterprises and persons who are members of the board of directors, executive officers, or senior officials of covered Chinese state-owned enterprises sanctioned during the year preceding the report; and (2) efforts by the executive branch to encourage the governments of other countries to impose sanctions that are similar to the sanctions imposed under this Act. (b) Form The report required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex. (c) Definition In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, and the Committee on Ways and Means of the House of Representatives; and (2) the Committee on Foreign Relations, the Select Committee on Intelligence, the Committee on Finance, and the Committee on Banking, Housing, and Urban Affairs of the Senate.
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113-hr-5104
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I 113th CONGRESS 2d Session H. R. 5104 IN THE HOUSE OF REPRESENTATIVES July 14, 2014 Mr. Ross (for himself, Mr. Himes , Mr. Delaney , Mr. Duffy , Mr. Cleaver , and Mrs. Wagner ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To authorize the Secretary of Housing and Urban Development to carry out a demonstration program to enter into budget-neutral, performance-based contracts for energy and water conservation improvements for multifamily residential units.
1. Short title This Act may be cited as the Pay For Success Affordable Housing Energy Modernization Act of 2014 . 2. Budget-neutral demonstration program for energy and water conservation improvements at multifamily residential units (a) Establishment The Secretary of Housing and Urban Development (referred to in this section as the Secretary ) shall establish a demonstration program under which, during the period beginning on the date of enactment of this Act, and ending on September 30, 2017, the Secretary may enter into budget-neutral, performance-based agreements that result in a reduction in energy or water costs with such entities as the Secretary determines to be appropriate under which the entities shall carry out projects for energy or water conservation improvements at not more than 20,000 residential units in multifamily buildings participating in— (1) the project-based rental assistance program under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ), other than assistance provided under section 8(o) of that Act; (2) the supportive housing for the elderly program under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q); or (3) the supportive housing for persons with disabilities program under section 811(d)(2) of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013(d)(2) ). (b) Requirements (1) Payments contingent on savings (A) In general The Secretary shall provide to an entity a payment under an agreement under this section only during applicable years for which an energy or water cost savings is achieved with respect to the applicable multifamily portfolio of properties, as determined by the Secretary, in accordance with subparagraph (B). (B) Payment methodology (i) In general Each agreement under this section shall include a pay-for-success provision— (I) that will serve as a payment threshold for the term of the agreement; and (II) pursuant to which the Department of Housing and Urban Development shall share a percentage of the savings at a level determined by the Secretary that is sufficient to cover the administrative costs of carrying out this section. (ii) Limitations A payment made by the Secretary under an agreement under this section shall— (I) be contingent on documented utility savings; and (II) not exceed the utility savings achieved by the date of the payment, and not previously paid, as a result of the improvements made under the agreement. (C) Third-party verification Savings payments made by the Secretary under this section shall be based on a measurement and verification protocol that includes at least— (i) establishment of a weather-normalized and occupancy-normalized utility consumption baseline established pre-retrofit; (ii) annual third-party confirmation of actual utility consumption and cost for owner-paid utilities; (iii) annual third-party validation of the tenant utility allowances in effect during the applicable year and vacancy rates for each unit type; and (iv) annual third-party determination of savings to the Secretary. (2) Term The term of an agreement under this section shall be not longer than 12 years. (3) Entity eligibility The Secretary shall— (A) establish a competitive process for entering into agreements under this section; and (B) enter into such agreements only with entities that demonstrate significant experience relating to— (i) financing and operating properties receiving assistance under a program described in subsection (a); (ii) oversight of energy and water conservation programs, including oversight of contractors; and (iii) raising capital for energy and water conservation improvements from charitable organizations or private investors. (4) Geographical diversity Each agreement entered into under this section shall provide for the inclusion of properties with the greatest feasible regional and State variance. (c) Plan and reports (1) Plan Not later than 90 days after the date of enactment of this Act, the Secretary shall submit to the Committees on Appropriations of the House of Representatives and the Senate a detailed plan for the implementation of this section. (2) Reports Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall— (A) conduct an evaluation of the program under this section; and (B) submit to Congress a report describing each evaluation conducted under subparagraph (A). (d) Funding For each fiscal year during which an agreement under this section is in effect, the Secretary may use to carry out this section any funds appropriated to the Secretary for the renewal of contracts under a program described in subsection (a).
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113-hr-5105
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I 113th CONGRESS 2d Session H. R. 5105 IN THE HOUSE OF REPRESENTATIVES July 14, 2014 Mr. Terry (for himself, Mrs. Black , Mr. Broun of Georgia , Mr. Lance , Mrs. Ellmers , Mr. Westmoreland , Mr. Graves of Georgia , and Mr. Smith of Nebraska ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To direct the Attorney General to report to Congress on the number of aliens unlawfully present in the United States who appear and fail to appear before immigration judges for proceedings under section 240 of the Immigration and Nationality Act, and for other purposes.
1. Short title This Act may be cited as the Report of Alien Children’s Safety Act of 2014 . 2. Monthly reports on certain matters before immigration judges Not later than the second Monday after the date of the enactment of this Act, and the first Monday of each month thereafter through March 30, 2017 (or the next business day when Monday occurs on a Federal holiday), the Attorney General, in consultation with the Secretary of Homeland Security, shall submit to the Committees on the Judiciary of the House of Representatives and the Senate, the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate and make publicly available on the Internet websites of the Department of Justice and the Department of Homeland Security a report that includes— (1) the number of aliens unlawfully present in the United States who have appeared before an immigration judge (as such term is defined in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 )) for proceedings under section 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a ) during the previous month; (2) a State-by-State breakdown of, during the previous month, the number of aliens unlawfully present in the United States who— (A) have appeared before an immigration judge for proceedings under section 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a ); (B) in the case of unaccompanied alien children, have been placed in each State by the Secretary of Health and Human Services pursuant to section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2005 (8 U.S.C. 1232) pending proceedings under section 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a ); (C) have failed to appear before an immigration judge after receiving written notice regarding a required appearance in proceedings under section 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a ); and (D) have failed to appear before an immigration judge and are under the age of 18 years old after receiving written notice regarding a required appearance in proceedings under section 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a ); and (3) a State-by-State breakdown of, during the previous year, the number of aliens unlawfully present in the United States who— (A) have failed to make any appearance before an immigration judge after receiving written notice regarding each required appearance in proceedings under section 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a ); and (B) have failed to make two or more appearances before an immigration judge after receiving written notice regarding each required appearance in proceedings under section 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a ).
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113-hr-5106
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I 113th CONGRESS 2d Session H. R. 5106 IN THE HOUSE OF REPRESENTATIVES July 14, 2014 Mr. Thompson of California (for himself, Ms. Bass , Mr. Becerra , Mr. Bera of California , Ms. Brownley of California , Mr. Calvert , Mr. Campbell , Mrs. Capps , Mr. Cárdenas , Ms. Chu , Mr. Cook , Mr. Costa , Mrs. Davis of California , Mr. Denham , Ms. Eshoo , Mr. Farr , Mr. Garamendi , Ms. Hahn , Mr. Honda , Mr. Huffman , Mr. Hunter , Mr. Issa , Mr. LaMalfa , Ms. Lee of California , Ms. Lofgren , Mr. Lowenthal , Ms. Matsui , Mr. McCarthy of California , Mr. McClintock , Mr. McKeon , Mr. McNerney , Mrs. Negrete McLeod , Mr. Gary G. Miller of California , Mr. George Miller of California , Mrs. Napolitano , Mr. Nunes , Ms. Pelosi , Mr. Peters of California , Mr. Rohrabacher , Ms. Roybal-Allard , Mr. Royce , Mr. Ruiz , Mr. Schiff , Ms. Linda T. Sánchez of California , Ms. Loretta Sanchez of California , Mr. Sherman , Ms. Speier , Mr. Swalwell of California , Mr. Takano , Mr. Valadao , Mr. Vargas , Ms. Waters , and Mr. Waxman ) 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 100 Admiral Callaghan Lane in Vallejo, California, as the Philmore Graham Post Office Building .
1. Philmore Graham Post Office Building (a) Designation The facility of the United States Postal Service located at 100 Admiral Callaghan Lane in Vallejo, California, shall be known and designated as the Philmore Graham Post Office Building . (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 Philmore Graham Post Office Building .
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113-hr-5107
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I 113th CONGRESS 2d Session H. R. 5107 IN THE HOUSE OF REPRESENTATIVES July 15, 2014 Ms. Ros-Lehtinen (for herself, Mr. Cole , and Mr. Salmon ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title 49, United States Code, to reduce the fuel economy obligations of automobile manufacturers whose fleets contain at least 50 percent fuel choice enabling vehicles, and for other purposes.
1. Short title This Act may be cited as the Fuel Choice for American Prosperity and Security Act of 2014 . 2. Fuel choice enabling manufacturers (a) In general Chapter 329 of title 49, United States Code, is amended by adding at the end the following: 32920. Fuel choice enabling manufacturers (a) Calculation of average fuel economy The average fuel economy of a fuel choice enabling manufacturer is the sum of— (1) the average fuel economy of such manufacturer determined under section 32904; and (2) 4 miles per gallon. (b) Deemed compliance with greenhouse gas emission standards If a fuel choice enabling manufacturer is in compliance with all applicable standards prescribed under section 32902 for a model year, the automobiles manufactured by such manufacturer in such model year are deemed to be in compliance with the standards for emissions of greenhouse gases promulgated under section 202(a) of the Clean Air Act ( 42 U.S.C. 7521(a) ). (c) Definitions In this section: (1) Biodiesel The term biodiesel means diesel fuel which has been produced from a non-petroleum feedstock and which meets the specifications of the ASTM D6751–03 standard. (2) E 85 The term E85 means a fuel mixture that contains up to 85 percent ethanol and meets the specifications of the ASTM D5798 standard. (3) Flexible fuel vehicle The term flexible fuel vehicle means a vehicle that has been warranted by its manufacturer to operate on gasoline, E85, and M85. (4) Fuel choice enabling manufacturer The term fuel choice enabling manufacturer means a manufacturer whose total fleet of automobiles manufactured in a model year for sale in the United States contains at least 50 percent fuel choice enabling vehicles. (5) Fuel choice enabling vehicle The term fuel choice enabling vehicle means an automobile that— (A) has been warranted by its manufacturer to operate on natural gas, hydrogen, propane, or biodiesel; (B) is a flexible fuel vehicle; (C) is a plug-in electric drive vehicle; (D) is propelled solely by a fuel cell that can produce power without the use of petroleum or a petroleum-based fuel; or (E) is propelled solely by something other than an internal combustion engine and is warranted by its manufacturer to operate on something other than petroleum-based fuel. (6) Greenhouse gas The term greenhouse gas means carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, or any other substance subject to regulation under section 202(a) of the Clean Air Act ( 42 U.S.C. 7521(a) ) to address climate change. (7) M 85 The term M85 means a fuel mixture that contains up to 85 percent methanol and meets the specifications of the ASTM D5797 standard. (8) Plug-in electric drive vehicle The term plug-in electric drive vehicle has the meaning given such term in section 508(a) of the Energy Policy Act of 1992 (42 U.S.C. 13258(a)). . (b) Average fuel economy defined Paragraph (5) of section 32901(a) of title 49, United States Code, is amended— (1) by striking the period at the end and inserting ; or ; (2) by striking means average and inserting the following: means— (A) average ; and (3) by adding at the end the following: (B) in the case of a fuel choice enabling manufacturer (as defined in section 32920), average fuel economy determined under such section. . (c) Clerical amendment The analysis for chapter 329 of title 49, United States Code, is amended by inserting after the item relating to section 32919 the following: 32920. Fuel choice enabling manufacturers. . (d) Effective date The amendments made by this section shall apply with respect to model years beginning with model year 2016.
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113-hr-5108
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I 113th CONGRESS 2d Session H. R. 5108 IN THE HOUSE OF REPRESENTATIVES July 15, 2014 Mr. Jeffries (for himself and Mr. Chabot ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To establish the Law School Clinic Certification Program of the United States Patent and Trademark Office, and for other purposes.
1. USPTO Law School Clinic Certification Program (a) Establishment The Law School Clinic Certification Program of the United States Patent and Trademark Office, as implemented by the United States Patent and Trademark Office, is established as a program entitled the Law School Clinic Certification Program . The Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (in this section referred to as the Director ) may establish regulations and procedures for application to and participation in the program, which shall be available to accredited law schools. The Law School Clinic Certification Program shall be in effect for the 10-year period beginning on the date of the enactment of this Act. (b) Report on the program The Director shall, not later than the last day of the 2-year period beginning on the date of the enactment of this Act, submit to the Committees on the Judiciary of the House of Representatives and the Senate a report on the Law School Clinic Certification Program, describing the number of law schools and law students participating in the program, the work done through the program, the benefits of the program, and any recommendations of the Director for modifications to the program.
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113-hr-5109
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I 113th CONGRESS 2d Session H. R. 5109 IN THE HOUSE OF REPRESENTATIVES July 15, 2014 Mr. McNerney (for himself, Mrs. Napolitano , Mr. Huffman , Mr. Garamendi , Mr. McClintock , Mr. Thompson of California , Mr. Cook , Mr. Denham , Ms. Lee of California , Ms. Speier , Mr. Costa , Ms. Lofgren , Mrs. Capps , Mr. McKeon , Ms. Chu , Mrs. Negrete McLeod , Mr. Calvert , Ms. Hahn , Ms. Loretta Sanchez of California , Mr. Rohrabacher , Mr. Issa , Mr. George Miller of California , Ms. Eshoo , Mr. LaMalfa , Ms. Matsui , Mr. Bera of California , Mr. Honda , Mr. Nunes , Ms. Brownley of California , Mr. Cárdenas , Mr. Sherman , Mr. Ruiz , Ms. Bass , Ms. Linda T. Sánchez of California , Mr. Takano , Ms. Waters , Mr. Campbell , Mr. Vargas , and Mr. Valadao ) 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 1048 West Robinhood Drive in Stockton, California, as the W. Ronald Coale Memorial Post Office Building .
1. W. Ronald Coale Memorial Post Office Building (a) Designation The facility of the United States Postal Service located at 1048 West Robinhood Drive in Stockton, California, shall be known and designated as the W. Ronald Coale Memorial Post Office Building . (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 W. Ronald Coale Memorial Post Office Building .
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113-hr-5110
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I 113th CONGRESS 2d Session H. R. 5110 IN THE HOUSE OF REPRESENTATIVES July 15, 2014 Mr. Walden (for himself, Mr. Price of Georgia , Mrs. Ellmers , Mr. McKinley , Mr. Latham , Mr. Duffy , Mrs. McMorris Rodgers , Mr. Graves of Missouri , Mr. Boustany , Mr. Paulsen , Mr. Thompson of Pennsylvania , Mr. Young of Alaska , and Mr. Gardner ) 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 repeal rebasing of payments for home health services, as required under the Patient Protection and Affordable Care Act, and to replace such rebasing with a Medicare home health value-based purchasing program, and for other purposes.
1. Short title This Act may be cited as the Securing Access Via Excellence for Medicare Home Health Act of 2014 or the SAVE Medicare Home Health Act of 2014 . 2. Repeal of Medicare home health rebasing reduction provided under PPACA and detailed analysis of such reduction (a) Repeal of rebasing reduction and codification of CY 2014 payment adjustment (1) Repeal Section 1895(b)(3)(A) of the Social Security Act ( 42 U.S.C. 1395fff(b)(3)(A) ) is amended by striking clause (iii). (2) Codification Such section, as amended by paragraph (1), is further amended by adding at the end the following new clause: (iii) Codification of CY 2014 payment adjustment The amount (or amounts) that would otherwise be applicable under clause (i)(III) for 2015 and subsequent years shall be determined taking into account the 3.5 percentage point reduction effective for 2014 pursuant to the rule for home health prospective payment system rate update for calendar year 2014 (promulgated on December 2, 2013, 78 Federal Register 72256). . (b) Detailed analysis of rebasing reduction (1) In general The Secretary of Health and Human Services shall conduct a detailed analysis of the rebasing reduction in Medicare payments for home health services promulgated under the rule for home health prospective payment system rate update for calendar year 2014 (promulgated on December 2, 2013, 78 Federal Register 72256), pursuant to the Regulatory Flexibility Act, Executive Order 13563, section 3131(a) of the Patient Protection and Affordable Care Act, and other specified factors. Such analysis shall include an assessment of at least the following factors: (A) The age, poverty level, gender, rural residence, ethnic or racial minority, and infirmity of Medicare beneficiaries receiving home health services in comparison to other Medicare beneficiaries. (B) The number, gender, and geographic distribution of professional Medicare home health caregivers. (C) The number and location of home health agencies that have closed, consolidated, or been acquired since the rebasing reduction was implemented. (D) The number and location of professional home health caregiver jobs that have been lost since the rebasing reduction was implemented. (2) Report Not later than February 1, 2015, the Secretary shall submit to Congress a report that contains findings regarding the analysis conducted under paragraph (1), including the Secretary’s assessment of the factors specified in such paragraph. 3. Establishment of home health value-based purchasing (VBP) program (a) Readmission measures Section 1895 of the Social Security Act ( 42 U.S.C. 1395fff ) is amended by adding at the end the following new subsection: (f) Post-Hospital home health services readmission measure (1) Readmission measure Not later than January 1, 2016, the Secretary shall specify a home health all-cause all-condition hospital unplanned readmission measure (or any successor to such a measure) for readmissions (for any cause) to a hospital for an individual who is entitled to benefits under part A (or enrolled under part B) and who is receiving post-hospital home health services. (2) Resource use measure Not later than January 1, 2017, the Secretary shall specify a measure that is the measure specified under paragraph (1), risk-adjusted for potentially preventable readmissions to a hospital for an individual described in such paragraph. (3) Development The measures specified under paragraphs (1) and (2) shall be developed through a formal process that is based on input from a group of multiple stakeholders consisting of at least senior advocates, Medicare beneficiaries, caregivers, and home health physicians, nurses, therapists, and operators of home health agencies. (4) Quarterly feedback reports to home health agencies Beginning January 1, 2017, and every quarter thereafter, the Secretary shall provide confidential feedback to home health agencies on their performance with respect to such measures. (5) Public reporting on performance (A) In general Subject to subparagraphs (B) and (C), the Secretary shall establish procedures for making public on the Medicare Home Health Compare website (or successor to such website) the performance of home health agencies with respect to a measure specified under paragraph (1) and a measure specified under paragraph (2). (B) Opportunity to review The procedures under subparagraph (A) shall ensure that a home health agency has the opportunity to review and submit corrections to the information that is to be made public with respect to such agency before such information is made public. (C) Timing Such procedures shall provide that the information described in subparagraph (A) is first made publicly available beginning no later than January 1, 2018. . (b) Value-Based purchasing program for home health agencies Section 1895 of the Social Security Act ( 42 U.S.C. 1395fff ), as amended by subsection (a), is further amended by adding at the end the following new subsection: (g) Application of value-Based purchasing program (1) Establishment (A) In general Subject to the succeeding provisions of this subsection, the Secretary shall establish a home health agency value-based purchasing program (in this subsection referred to as the HHA VBP Program ) under which value-based incentive payments are made in a year to home health agencies. (B) Program to begin in 2019 The HHA VBP Program shall apply to payments for episodes of home health services beginning on or after January 1, 2019. (2) Application of measures — (A) In general Subject to subparagraph (B), the Secretary shall apply the measure specified under subsection (f)(2) for purposes of the HHA VBP Program. (B) Replacement If the Secretary determines that the application of such measure is not practicable and should be delayed and the Secretary notifies the Committee on Finance of the Senate and the Committees on Ways and Means and Energy and Commerce of the House of Representatives of the reasons for such delay in advance of implementing such delay, the Secretary may delay the application of such measure for a period of up to 1 year. For the period of any such delay, the measure specified under subsection (f)(1) shall apply for purposes of the HHA VBP Program instead of the measure specified under subsection (f)(2). (3) Performance standards (A) Establishment The Secretary shall establish performance standards with respect to the measure applied under paragraph (2) for a performance period for a year. (B) Higher of achievement and improvement The performance standards established under subparagraph (A) shall include levels of achievement and improvement. In calculating the HHA performance score under paragraph (4), the Secretary shall use the higher of either improvement or achievement. (C) Timing The Secretary shall establish and announce the performance standards established under subparagraph (A) not later than 60 days before the beginning of the performance period for the year involved. (4) HHA performance score (A) In general The Secretary shall develop by regulation a methodology for assessing the total performance of each home health agency based on performance standards established under paragraph (3) with respect to the measure applied under paragraph (2). Using such methodology, the Secretary shall provide for an assessment (in this subsection referred to as the HHA performance score ) for each home health agency for each such performance period. (B) Ranking of hha performance scores The Secretary shall, for the performance period for each year, rank the HHA performance scores determined under subparagraph (A) from low to high. (5) Budget neutral withholding The Secretary shall withhold from the payment rates made for each year (during the period beginning with 2019 and ending with 2024) for home health services under this section such withholding percentage as is necessary so that the enactment of the Securing Access Via Excellence for Medicare Home Health Act of 2014 is estimated not to result in any net change in payments made for such services under this title. (6) Value-based incentive payment percentage The Secretary shall provide for a distribution of a portion of the amounts withheld under paragraph (5) for performance payments to home health agencies in a manner so as to ensure that— (A) the distribution (expressed as a percentage of such withheld amounts) is based on each agency’s HHA performance ranking under paragraph (4)(B) for the performance period for the year involved; (B) the application of all such percentages in such year results in an appropriate distribution of value-based incentive payments under this subsection such that— (i) home health agencies with the highest rankings under paragraph (4)(B) receive the highest value-based incentive payment amounts under this subsection; (ii) home health agencies with the lowest rankings under paragraph (4)(B) receive the lowest value-based incentive payment amounts under this subsection; and (iii) in the case of home health agencies in the lowest 40 percent of the ranking under paragraph (4)(B), the payment rate under this subsection for services furnished by such facility during such year shall be less than the payment rate for such services for such year that would otherwise apply without application of this subsection; and (C) the total amount of value-based incentive payments under this subsection for all home health agencies in such year shall be greater than or equal to 50 percent, but not greater than 70 percent, of the total amount of the payments withheld for such year under paragraph (5), as estimated by the Secretary. (7) Announcement of result of adjustments Under the HHA VBP program, the Secretary shall, not later than 60 days before a year involved, inform each home health agency of the adjustments to payments to the agency for services furnished by the agency during the year under this subsection. (8) No effect in subsequent year The value-based payment adjustments under this subsection shall only apply with respect to the year involved, and the Secretary shall not take into account such adjustment in making payments to a home health agency under this section in a subsequent year. (9) Funding for program management The Secretary shall provide for the one-time transfer from the Federal Supplementary Medical Insurance Trust Fund established under section 1841 to the Centers for Medicare & Medicaid Services Program Management Account of— (A) $2,000,000 for purposes of subsection (f); and (B) $10,000,000 for purposes of implementing this subsection. Such funds shall remain available until expended. . (c) MedPAC Study Not later than June 30, 2021, the Medicare Payment Advisory Commission shall submit to Congress a report that reviews the progress of the home health value-based purchasing program established under section 1895(g) of the Social Security Act, as added by subsection (b), and makes recommendations, as appropriate, on any improvements that should be made to such program. For purposes of the previous sentence, the Medicare Payment Advisory Commission shall consider any unintended consequences with respect to such home health agency value-based purchasing program and any potential adjustments to the readmission measure specified under section 1895(f) of such Act, as added by subsection (a), for purposes of determining the effect of the socio-economic status of a beneficiary under the Medicare program under title XVIII of the Social Security Act on the performance score of a home health agency provided under section 1895(g)(4) of such Act, as added by subsection (b).
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113-hr-5111
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I 113th CONGRESS 2d Session H. R. 5111 IN THE HOUSE OF REPRESENTATIVES AN ACT To improve the response to victims of child sex trafficking.
1. Response to victims of child sex trafficking Section 404(b)(1)(P)(iii) of the Missing Children’s Assistance Act ( 42 U.S.C. 5773(b)(1)(P)(iii) ) is amended by striking child prostitution and inserting child sex trafficking, including child prostitution .
Passed the House of Representatives July 24, 2014. Karen L. Haas, Clerk.
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113-hr-5112
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I 113th CONGRESS 2d Session H. R. 5112 IN THE HOUSE OF REPRESENTATIVES July 15, 2014 Mr. Bishop of Georgia introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To provide eligibility for veterans benefits for individuals who served in the United States merchant marine in the Southeast Asia theater of operations during the Vietnam Era.
1. Veterans benefits for merchant mariners who served during the Vietnam Era in the Southeast Asia theater of operations (a) Eligibility for veterans benefits Notwithstanding any other provision of law, the service of an eligible individual described in subsection (b)(1) shall be considered to be active duty in determining the individual’s eligibility for veterans benefits under all laws administered by the Secretary of Veterans Affairs. (b) Eligible individual In this Act, the term eligible individual means an individual in the United States merchant marine who— (1) served as a crewmember of a vessel that was in oceangoing service during the Vietnam Era in the Southeast Asia theater of operations; and (2) receives a certificate of honorable discharge under subsection (c). (c) Documentation of service (1) Certificate of honorable discharge The Secretary of Defense shall, upon application, issue a certificate of honorable discharge to an individual in the United States merchant marine who served as a crewmember of a vessel that was in oceangoing service during the Vietnam Era in the Southeast Asia theater of operations who, as determined by the Secretary, engaged in service of a nature and duration that warrants issuance of the certificate. (2) Standards relating to service In carrying out paragraph (1), the Secretary shall apply the same standards relating to the nature and duration of service that apply to the issuance of honorable discharges under section 401(a)(1)(B) of the GI Bill Improvement Act of 1977 (38 U.S.C. 106 note). (d) Definitions In this Act, the following definitions apply: (1) Individual in the United States merchant marine The term individual in the United States merchant marine means any citizen or resident alien of the United States serving as a civilian or civil service member of the United States merchant marine. (2) Vietnam Era The term Vietnam Era means— (A) the period beginning on February 28, 1961, and ending on May 7, 1975, in the case of an individual in the United States merchant marine who served in the Republic of Vietnam during that period; and (B) the period beginning on August 5, 1964, and ending on May 7, 1975, in all other cases. 2. Retroactive applicability Section 1 shall apply to an individual eligible for veterans benefits under subsection (a) of such section as if such section had been in effect as of the last date of the individual’s service described in subsection (b)(1) of such section.
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113-hr-5113
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I 113th CONGRESS 2d Session H. R. 5113 IN THE HOUSE OF REPRESENTATIVES July 15, 2014 Mr. Coffman (for himself, Mrs. Blackburn , Mr. Nugent , Mr. Lamborn , and Mr. Hall ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XIX of the Social Security Act to end the increased Federal funding for Medicaid expansion with respect to inmates’ hospital care under the Patient Protection and Affordable Care Act, to apply the savings towards a 2015 Medicare Advantage stabilization program to help protect seniors’ choices, and for other purposes.
1. Short title This Act may be cited as the Protecting Seniors’ Medicare Choices from Obamacare Act of 2014 . 2. Eliminating PPACA enhanced Medicaid FMAP for prisoners and applying savings to Medicare Advantage Improvement Fund (a) Elimination of PPACA enhanced Medicaid FMAP for prisoners (1) In general Section 1905 of the Social Security Act ( 42 U.S.C. 1396d ) is amended— (A) in subsection (y)(2)(A), by adding at the end the following: Such term does not include an individual described in such subparagraph during the period in which the individual is an inmate in a public institution or in which the public institution maintains jurisdiction over the individual. ; and (B) in subsection (z)(1)(A), by inserting before the period at the end the following: and who are not inmates of a public institution (or individuals over whom a public institution maintains jurisdiction) . (2) Effective date The amendments made by paragraph (1) shall apply to items and services furnished on or after January 1, 2015. (b) Application of savings to 2015 to establishment of 2015 Medicare Advantage stabilization program Section 1859 of the Social Security Act ( 42 U.S.C. 1395w–28 ) is amended by adding at the end the following new subsection: (h) 2015 Medicare Advantage stabilization program (1) Establishment There is established a Medicare Advantage stabilization program (in this subsection referred to as the stabilization program ) under which the Secretary shall, subject to paragraph (6), provide a PMPM stabilization funding amount to each eligible Medicare Advantage plan in accordance with this subsection to be used by such plan for plan year 2015 to address the beneficiary plan inadequacies applicable to such plan (as described in paragraph (5)). (2) Eligible Medicare Advantage plans For purposes of this subsection, an eligible Medicare Advantage plan is a Medicare Advantage plan to be offered for plan year 2015 that the Secretary determines, based on the bid of such plan submitted under section 1854 for such plan year, satisfies at least one of the following criteria: (A) Increased beneficiary costs The total costs (including premiums, cost-sharing responsibilities, and deductibles) projected to be applicable to individuals who enroll in such plan for such plan year are at least 7 percent more than the such total costs that were applicable to individuals enrolled in such plan for plan year 2014. (B) Decreased supplemental benefits The supplemental benefits to be offered under such plan for such plan year 2015 are less than the supplemental benefits offered under such plan for plan year 2014. (C) Decreased provider network The number of physicians in the plan’s network has been reduced by 3 percent or more from plan year 2014 to plan year 2015. (3) Distribution of PMPM stabilization funding amounts (A) In general Subject to the availability of funds under paragraph (6), under the stabilization program, the Secretary shall distribute, not later than December 31, 2014, to each eligible Medicare Advantage plan a PMPM stabilization funding amount, as determined by the Secretary in accordance with subparagraph (B). (B) PMPM stabilization funding amount A PMPM stabilization funding amount, with respect to an eligible Medicare Advantage plan, shall be determined in accordance with the following: (i) Such amount shall be an amount, with respect to each month of plan year 2015, for each individual projected to be enrolled in such plan for such plan year. (ii) Subject to paragraph (6) and clause (iii), such amount shall be an amount determined by the Secretary to be sufficient for such plan to address for plan year 2015 each beneficiary plan inadequacy specified in paragraph (4) applicable to such plan. (iii) Such amount shall not be more than $85 per member per month. (4) Timing of determinations Under the stabilization program, the Secretary shall determine which Medicare Advantage plans are eligible Medicare Advantage plans under paragraph (2), and the PMPM stabilization funding amount to be distributed to each such eligible Medicare Advantage plan under paragraph (3), by not later than October 15, 2014. (5) Applicable beneficiary plan inadequacies For purposes of this subsection, a beneficiary plan inadequacy applicable to an eligible Medicare Advantage plan is each of the criteria described in paragraph (2) that the Secretary determined the plan satisfied for qualifying as such an eligible Medicare Advantage plan. (6) Funding (A) In general There shall be available to the Secretary from amounts in the general fund in the Treasury not otherwise appropriated an amount, not to exceed $3,000,000,000, to carry out this subsection. Such amounts shall remain so available until December 31, 2015. Any amounts made so available but not expended on or before such date shall be transferred to the general fund in the Treasury. (B) Clarification Payments under the stabilization program shall not be taken into account for purposes of determining the premium payments applicable under part B. .
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113-hr-5114
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I 113th CONGRESS 2d Session H. R. 5114 IN THE HOUSE OF REPRESENTATIVES July 15, 2014 Mr. Cuellar (for himself, Mr. Barber , and Mr. Farenthold ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committees on Foreign Affairs , Homeland Security , Armed Services , 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 facilitate the expedited processing of minors entering the United States across the southern border and for other purposes.
1. Short title This Act may be cited as the Helping Unaccompanied Minors and Alleviating National Emergency Act or the HUMANE Act . I Protecting Children 101. Repatriation of unaccompanied alien children Section 235(a) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(a) ) is amended— (1) in paragraph (2)— (A) by amending the paragraph 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 subparagraph heading to read as follows: Agreements with foreign countries ; and (ii) in the matter preceding clause (i), by striking countries contiguous to the United States and inserting Canada, El Salvador, Guatemala, Honduras, Mexico, and any other foreign country that the Secretary determines appropriate ; and (2) in paragraph (5)(D)— (A) in the subparagraph heading, by striking Placement in removal proceedings and inserting Expedited due process and screening for unaccompanied alien children ; (B) 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), shall be— and inserting who does not meet the criteria listed in paragraph (2)(A)— ; (C) by striking clause (i) and inserting the following: (i) shall be placed in a proceeding in accordance with section 235B of the Immigration and Nationality Act, which shall commence not later than 7 days after the screening of an unaccompanied alien child described in paragraph (4); ; (D) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; (E) by inserting after clause (i) the following: (ii) may not be placed in the custody of a nongovernmental sponsor or otherwise released from the custody of the United States Government until the child is repatriated unless the child is the subject of an order under section 235B(e)(1) of the Immigration and Nationality Act; ; (F) in clause (iii), as redesignated, by inserting is before eligible ; and (G) in clause (iv), as redesignated, by inserting shall be before provided . 102. Expedited due process and screening of unaccompanied alien children (a) Amendments to Immigration and Nationality Act (1) In general Chapter 4 of the Immigration and Nationality Act is amended by inserting after section 235A the following: 235B. Humane and expedited inspection and screening for unaccompanied alien children (a) Defined term In this section, the term asylum officer means an immigration officer who— (1) has had professional training in country conditions, asylum law, and interview techniques comparable to that provided to full-time adjudicators of applications under section 208, and (2) is supervised by an officer who— (A) meets the condition described in paragraph (1); and (B) has had substantial experience adjudicating asylum applications. (b) Proceeding (1) In general Not later than 7 days after the screening of an unaccompanied alien child under section 235(a)(4) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(a)(4) ), an immigration judge shall conduct a proceeding to inspect, screen, and determine the status of an unaccompanied alien child who is an applicant for admission to the United States. (2) Time limit Not later than 72 hours after the conclusion of a proceeding with respect to an unaccompanied alien child under this section, the immigration judge who conducted such proceeding shall issue an order pursuant to subsection (e). (c) Conduct of proceeding (1) Authority of immigration judge The immigration judge conducting a proceeding under this section— (A) shall administer oaths, receive evidence, and interrogate, examine, and cross-examine the alien and any witnesses; (B) may issue subpoenas for the attendance of witnesses and presentation of evidence; and (C) is authorized to sanction by civil money penalty any action (or inaction) in contempt of the judge’s proper exercise of authority under this Act. (2) Form of proceeding A proceeding under this section may take place— (A) in person; (B) at a location agreed to by the parties, in the absence of the alien; (C) through video conference; or (D) through telephone conference. (3) Presence of alien If it is impracticable by reason of an alien's mental incompetency for the alien to be present at the proceeding, the Attorney General shall prescribe safeguards to protect the rights and privileges of the alien. (4) Rights of the alien In a proceeding under this section— (A) the alien shall be given the privilege of being represented, at no expense to the Government, by counsel of the alien’s choosing who is authorized to practice in such proceedings; (B) the alien shall be given a reasonable opportunity— (i) to examine the evidence against the alien; (ii) to present evidence on the alien’s own behalf; and (iii) to cross-examine witnesses presented by the Government; (C) the rights set forth in subparagraph (B) shall not entitle the alien— (i) to examine such national security information as the Government may proffer in opposition to the alien’s admission to the United States; or (ii) to an application by the alien for discretionary relief under this Act; and (D) a complete record shall be kept of all testimony and evidence produced at the proceeding. (5) Withdrawal of application for admission In the discretion of the Attorney General, an alien applying for admission to the United States may, and at any time, be permitted to withdraw such application and immediately be returned to the alien’s country of nationality or country of last habitual residence. (d) Decision and burden of proof (1) Decision (A) In general At the conclusion of a proceeding under this section, the immigration judge shall determine whether an unaccompanied alien child is likely to be— (i) admissible to the United States; or (ii) eligible for any form of relief from removal under this Act. (B) Evidence The determination of the immigration judge under subparagraph (A) shall be based only on the evidence produced at the hearing. (2) Burden of proof (A) In general In a proceeding under this section, an alien who is an applicant for admission has the burden of establishing, by a preponderance of the evidence, that the alien— (i) is likely to be entitled to be lawfully admitted to the United States or eligible for any form of relief from removal under this Act; or (ii) is lawfully present in the United States pursuant to a prior admission. (B) Access to documents In meeting the burden of proof under subparagraph (A)(ii), the alien shall be given access to— (i) the alien’s visa or other entry document, if any; and (ii) any other records and documents, not considered by the Attorney General to be confidential, pertaining to the alien’s admission or presence in the United States. (e) Orders (1) Placement in further proceedings If an immigration judge determines that the unaccompanied alien child has met the burden of proof under subsection (d)(2), the judge shall order the alien to be placed in further proceedings in accordance with section 240. (2) Orders of removal If an immigration judge determines that the unaccompanied alien child has not met the burden of proof required under subsection (d)(2), the judge shall order the alien removed from the United States without further hearing or review unless the alien claims— (A) an intention to apply for asylum under section 208; or (B) a fear of persecution. (3) Claims for asylum If an unaccompanied alien child described in paragraph (2) claims an intention to apply for asylum under section 208 or a fear of persecution, the officer shall order the alien referred for an interview by an asylum officer under subsection (f). (f) Asylum interviews (1) Defined term In this subsection, the term credible fear of persecution means, after taking into account the credibility of the statements made by the alien in support of the alien’s claim and such other facts as are known to the officer, there is a significant possibility that the alien could establish eligibility for asylum under section 208. (2) Conduct by asylum officer An asylum officer shall conduct interviews of aliens referred under subsection (e)(3). (3) Referral of certain aliens If the officer determines at the time of the interview that an alien has a credible fear of persecution, the alien shall be held in the custody of the Secretary of Health and Human Services pursuant to section 235(b) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(b)) during further consideration of the application for asylum. (4) Removal without further review if no credible fear of persecution (A) In general Subject to subparagraph (C), if the asylum officer determines that an alien does not have a credible fear of persecution, the officer shall order the alien removed from the United States without further hearing or review. (B) Record of determination The officer shall prepare a written record of a determination under subparagraph (A), which shall include— (i) a summary of the material facts as stated by the applicant; (ii) such additional facts (if any) relied upon by the officer; (iii) the officer's analysis of why, in light of such facts, the alien has not established a credible fear of persecution; and (iv) a copy of the officer’s interview notes. (C) Review of determination (i) Rulemaking The Attorney General shall establish, by regulation, a process by which an immigration judge will conduct a prompt review, upon the alien’s request, of a determination under subparagraph (A) that the alien does not have a credible fear of persecution. (ii) Mandatory components The review described in clause (i)— (I) shall include an opportunity for the alien to be heard and questioned by the immigration judge, either in person or by telephonic or video connection; and (II) shall be conducted— (aa) as expeditiously as possible; (bb) within the 24-hour period beginning at the time the asylum officer makes a determination under subparagraph (A), to the maximum extent practicable; and (cc) in no case later than 7 days after such determination. (D) Mandatory protective custody Any alien subject to the procedures under this paragraph shall be held in the custody of the Secretary of Health and Human Services pursuant to Section 235(b) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(b) )— (i) pending a final determination of credible fear of persecution; and (ii) after a determination that the alien does not such a fear, until the alien is removed. (g) Limitation on administrative review (1) In general Except as provided in subsection (f)(4)(C) and paragraph (2), a removal order entered in accordance with subsection (e)(2) or (f)(4)(A) is not subject to administrative appeal. (2) Rulemaking The Attorney General shall establish, by regulation, a process for the prompt review of an order under subsection (e)(2) against an alien who claims under oath, or as permitted under penalty of perjury under section 1746 of title 28, United States Code, after having been warned of the penal ties for falsely making such claim under such conditions to have been— (A) lawfully admitted for permanent residence; (B) admitted as a refugee under section 207; or (C) granted asylum under section 208. . (2) Clerical amendment The table of contents for the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended by inserting after the item relating to section 235A the following: Sec. 235B. Humane and expedited inspection and screening for unaccompanied alien children. . (b) Judicial review of orders of removal Section 242 of the Immigration and Nationality Act ( 8 U.S.C. 1252 ) is amended— (1) in subsection (a)— (A) in paragraph (1), by inserting , or an order of removal issued to an unaccompanied alien child after proceedings under section 235B after section 235(b)(1) ; and (B) in paragraph (2)— (i) by inserting or section 235B after section 235(b)(1) each place it appears; and (ii) in subparagraph (A)— (I) in the subparagraph heading, by inserting or 235B after section 235(b)(1) ; and (II) in clause (iii), by striking section 235(b)(1)(B), and inserting section 235(b)(1)(B) or 235B(f); ; and (2) in subsection (e)— (A) in the subsection heading, by inserting or 235B after section 235(b)(1) ; (B) by inserting or section 235B after section 235(b)(1) in each place it appears; (C) in subparagraph (2)(C), by inserting or section 235B(g) after section 235(b)(1)(C) ; and (D) in subparagraph (3)(A), by inserting or section 235B after section 235(b) . 103. Due process protections for unaccompanied alien children present in the United States (a) Special motions for unaccompanied alien children (1) Filing authorized Beginning on the date that is 60 days after the date of the enactment of this Act, the Secretary of Homeland Security, notwithstanding any other provision of law, may, at the sole and unreviewable discretion of the Secretary, permit an unaccompanied alien child who was issued a Notice to Appear under section 239 of the Immigration and Nationality Act ( 8 U.S.C. 1229 ) during the period beginning on January 1, 2013, and ending on the date of the enactment of this Act— (A) to appear, in-person, before an immigration judge who has been authorized by the Attorney General to conduct proceedings under section 235B of the Immigration and Nationality Act, as added by section 102; (B) to attest to their desire to apply for admission to the United States; and (C) to file a motion— (i) to expunge— (I) any final order of removal issued against them between January 1, 2013, and the date of the enactment of this Act under section 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a ); or (II) any Notice to Appear issued between January 1, 2013, and the date of the enactment of this Act under section 239 of the Immigration and Nationality Act ( 8 U.S.C. 1229 ); and (ii) to apply for admission to the United States by being placed in proceedings under section 235B of the Immigration and Nationality Act. (2) Motion granted An immigration judge may, at the sole and unreviewable discretion of the judge, grant a motion filed under paragraph (1)(C) upon a finding that— (A) the petitioner was an unaccompanied alien child (as defined in section 235 of the William Wilberforce Trafficking Victims Protection Act of 2008 ( 8 U.S.C. 1232 )) on the date on which a Notice to Appear described in paragraph (1) was issued to the alien; (B) the Notice to Appear was issued during the period beginning on January 1, 2013, and ending on the date of the enactment of this Act; (C) the unaccompanied alien child is applying for admission to the United States; and (D) the granting of such motion would not be manifestly unjust. (3) Effect of motion Notwithstanding any other provision of law, upon the granting of a motion to expunge under paragraph (2)— (A) the Secretary of Homeland Security shall immediately expunge any final order of removal resulting from a proceeding initiated by any Notice to Appear described in paragraph (1), and such Notice to Appear; and (B) the immigration judge who granted such motion shall, while the petitioner remains in-person, immediately inspect and screen the petitioner for admission to the United States by conducting a proceeding under section 235B of the Immigration and Nationality Act. (4) Protective custody An unaccompanied alien child who has been granted a motion under paragraph (2) shall be held in the custody of the Secretary of Health and Human Services pursuant to section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 ). 104. Emergency immigration judge resources (a) Designation Not later than 14 days after the date of the enactment of this Act, the Attorney General shall designate up to 40 immigration judges, including through the hiring of retired immigration judges or magistrate judges, or the reassignment of current immigration judges, that are dedicated to conducting humane and expedited inspection and screening for unaccompanied alien children under section 235B of the Immigration and Nationality Act, as added by section 102. (b) Requirement The Attorney General shall ensure that sufficient immigration judge resources are dedicated to the purpose described in subsection (a) to comply with the requirement under section 235B(b)(1) of the Immigration and Nationality Act. 105. Protecting children from human traffickers, sex offenders, and other criminals Section 235(c)(3) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(c)(3) ) is amended— (1) in subparagraph (A), by inserting , including a mandatory biometric criminal history check before the period at the end; and (2) by adding at the end the following— (D) Prohibition on placement with sex offenders and human traffickers (i) In general The Secretary of Health and Human Services may not place an unaccompanied alien child in the custody of an individual who has been convicted of— (I) a sex offense (as defined in section 111 of the Sex Offender Registration and Notification Act (42 U.S.C. 16911)); or (II) a crime involving a severe form of trafficking in persons (as defined in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 )). (ii) Requirements of criminal background check A biometric criminal history check under subparagraph (A) shall be based on a set of fingerprints or other biometric identifiers and conducted through— (I) the Identification Division of the Federal Bureau of Investigation; and (II) criminal history repositories of all States that the individual lists as current or former residences. . II Border Security and Trade Facilitation 201. Definitions In this title: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate ; and (B) the Committee on Homeland Security of the House of Representatives . (2) Cocaine removal effectiveness rate The term cocaine removal effectiveness rate means the percentage that results from dividing the amount of cocaine removed by the Department of Homeland Security’s maritime security components inside or outside a transit zone, as the case may be, by the total documented cocaine flow rate as contained in Federal drug databases. (3) Consequence delivery system The term Consequence Delivery System means the series of consequences applied to persons illegally entering the United States by the Border Patrol to prevent illegal border crossing recidivism. (4) Got away The term got away means an illegal border crosser who, after making an illegal entry into the United States, is not turned back or apprehended. (5) High traffic areas The term high traffic areas means sectors along the northern and southern borders of the United States that are within the responsibility of the Border Patrol that have the most illicit cross-border activity, informed through situational awareness. (6) Illegal border crossing effectiveness rate The term illegal border crossing effectiveness rate means the percentage that results from dividing the number of apprehensions and turn backs by the number of apprehensions, turn backs, and got aways. The data used by the Secretary of Homeland Security to determine such rate shall be collected and reported in a consistent and standardized manner across all Border Patrol sectors. (7) Major violator The term major violator means a person or entity that has engaged in serious criminal activities at any land, air, or sea port of entry, including possession of illicit drugs, smuggling of prohibited products, human smuggling, weapons possession, use of fraudulent United States documents, or other offenses serious enough to result in arrest. (8) Operational control The term operational control means a condition in which there is a not lower than 90 percent illegal border crossing effectiveness rate, informed by situational awareness, and a significant reduction in the movement of illicit drugs and other contraband through such areas is being achieved. (9) Situational awareness The term situational awareness means knowledge and an understanding of current illicit cross-border activity, including cross-border threats and trends concerning illicit trafficking and unlawful crossings along the international borders of the United States and in the maritime environment, and the ability to forecast future shifts in such threats and trends. (10) Transit zone The term transit zone means the sea corridors of the western Atlantic Ocean, the Gulf of Mexico, the Caribbean Sea, and the eastern Pacific Ocean through which undocumented migrants and illicit drugs transit, either directly or indirectly, to the United States. (11) Turn back The term turn back means an illegal border crosser who, after making an illegal entry into the United States, returns to the country from which such crosser entered. 202. Border security results (a) In general Not later than 90 days after the date of the enactment of this Act, every 180 days thereafter until the Comptroller General of the United States reports on the results of the review described in section 203(k)(2)(B), and annually after the date of such report, the Secretary of Homeland Security shall submit a report to the appropriate congressional committees and the Government Accountability Office that— (1) assesses and describes the state of situational awareness and operational control; and (2) identifies the high traffic areas and the illegal border crossing effectiveness rate for each sector along the northern and southern borders of the United States that are within the responsibility of the Border Patrol. (b) GAO report Not later than 90 days after receiving the initial report required under subsection (a), the Comptroller General of the United States shall submit a report to the appropriate congressional committees regarding the verification of the data and methodology used to determine high traffic areas and the illegal border crossing effectiveness rate. 203. Strategy to achieve situational awareness and operational control of the border (a) Strategy To secure the border Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit, to the appropriate congressional committees, a comprehensive strategy for— (1) gaining and maintaining situational awareness and operational control of high traffic areas not later than 2 years after the date of the submission of the implementation plan required under subsection (c); and (2) gaining and maintaining operational control along the Southwest border of the United States not later than 5 years after such date of submission. (b) Contents of strategy The strategy required under subsection (a) shall include a consideration of the following: (1) An assessment of principal border security threats, including threats relating to the smuggling and trafficking of humans, weapons, and illicit drugs. (2) Efforts to analyze and disseminate border security and border threat information between the border security components of the Department of Homeland Security and with other appropriate Federal departments and agencies with missions associated with the border. (3) Efforts to increase situational awareness, in accordance with privacy, civil liberties, and civil rights protections, including— (A) surveillance capabilities developed or utilized by the Department of Defense, including any technology determined to be excess by the Department of Defense; and (B) use of manned aircraft and unmanned aerial systems, including camera and sensor technology deployed on such assets. (4) Efforts to detect and prevent terrorists and instruments of terrorism from entering the United States. (5) Efforts to ensure that any new border security technology can be operationally integrated with existing technologies in use by the Department of Homeland Security. (6) An assessment of existing efforts and technologies used for border security and the effect of such efforts and technologies on civil rights, private property rights, privacy rights, and civil liberties. (7) Technology required to maintain, support, and enhance security and facilitate trade at ports of entry, including nonintrusive detection equipment, radiation detection equipment, biometric technology, surveillance systems, and other sensors and technology that the Secretary of Homeland Security determines to be necessary. (8) Operational coordination of the border security components of the Department of Homeland Security. (9) Lessons learned from Operation Jumpstart and Operation Phalanx. (10) Cooperative agreements and information sharing with State, local, tribal, territorial, and other Federal law enforcement agencies that have jurisdiction on the northern or southern borders, or in the maritime environment. (11) Border security information received from consultation with— (A) State, local, tribal, and Federal law enforcement agencies that have jurisdiction on the northern or southern border, or in the maritime environment; and (B) border community stakeholders (including through public meetings with such stakeholders), including representatives from border agricultural and ranching organizations and representatives from business and civic organizations along the northern or southern border. (12) Agreements with foreign governments that support the border security efforts of the United States, including coordinated installation of standardized land border inspection technology, such as license plate readers and RFID readers. (13) Staffing requirements for all border security functions. (14) A prioritized list of research and development objectives to enhance the security of the international land and maritime borders of the United States. (15) An assessment of training programs, including training programs regarding— (A) identifying and detecting fraudulent documents; (B) protecting the civil, constitutional, human, and privacy rights of individuals; (C) understanding the scope of enforcement authorities and the use of force policies; (D) screening, identifying, and addressing vulnerable populations, such as children and victims of human trafficking; and (E) social and cultural sensitivity toward border communities. (16) Local crime indices of municipalities and counties along the southern border. (17) An assessment of how border security operations affect crossing times. (18) Resources and other measures that are necessary to achieve a 50-percent reduction in the average wait times of commercial and passenger vehicles at international land ports of entry along the southern border and the northern border. (19) Metrics required under subsections (e), (f), and (g). (c) Implementation plan (1) In general Not later than 90 days after the submission of the strategy required under subsection (a), the Secretary of Homeland Security shall submit, to the appropriate congressional committees and to the Government Accountability Office, an implementation plan for each of the border security components of the Department of Homeland Security to carry out such strategy. (2) Contents of plan The implementation plan required under paragraph (1) shall— (A) specify what protections will be put in place to ensure that staffing and resources necessary for the maintenance of operations at ports of entry are not diverted to the detriment of such operations in favor of operations between ports of entry; and (B) include— (i) an integrated master schedule and cost estimate, including lifecycle costs, for the activities contained in such implementation plan; and (ii) a comprehensive border security technology plan to improve surveillance capabilities that includes— (I) a documented justification and rationale for technology choices; (II) deployment locations; (III) fixed versus mobile assets; (IV) a timetable for procurement and deployment; (V) estimates of operation and maintenance costs; (VI) an identification of any impediments to the deployment of such technologies; and (VII) estimates of the relative cost effectiveness of various border security strategies and operations, including— (aa) the deployment of personnel and technology; and (bb) the construction of new physical and virtual barriers. (3) Government accountability office review Not later than 90 days after receiving the implementation plan in accordance with paragraph (1), the Comptroller General of the United States shall submit an assessment of such plan to the appropriate congressional committees a report on such plan. (d) Periodic updates Not later than 180 days after the submission of each Quadrennial Homeland Security Review required under section 707 of the Homeland Security Act of 2002 ( 6 U.S.C. 347 ) beginning with the first such Review that is due after the implementation plan is submitted under subsection (c), the Secretary of Homeland Security shall submit, to the appropriate congressional committees, an updated— (1) strategy under subsection (a); and (2) implementation plan under subsection (c). (e) Metrics for securing the border between ports of entry Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall implement metrics, informed by situational awareness, to measure the effectiveness of security between ports of entry, including— (1) an illegal border crossing effectiveness rate, informed by situational awareness; (2) an illicit drugs seizure rate, which measures the amount and type of illicit drugs seized by the Border Patrol in any fiscal year compared to an average of the amount and type of illicit drugs seized by the Border Patrol for the immediately preceding 5 fiscal years; (3) a cocaine seizure effectiveness rate, which shall be measured by calculating the percentage of the total documented cocaine flow rate (as contained in Federal drug databases) that is seized by the Border Patrol; (4) estimates, using alternative methodologies, including recidivism data, survey data, known-flow data, and technologically measured data, of— (A) total attempted illegal border crossings; (B) total deaths and injuries resulting from such attempted illegal border crossings; (C) the rate of apprehension of attempted illegal border crossers; and (D) the inflow into the United States of illegal border crossers who evade apprehension; and (5) estimates of the impact of the Border Patrol’s Consequence Delivery System on the rate of recidivism of illegal border crossers. (f) Metrics for securing the border at ports of entry (1) In general Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall implement metrics, informed by situational awareness, to measure the effectiveness of security at ports of entry, which shall include— (A) an inadmissible border crossing rate, which measures the number of known inadmissible border crossers who are apprehended, excluding those border crossers who voluntarily withdraw their applications for admission, against the total estimated number of inadmissible border crossers U.S. Customs and Border Protection fails to apprehend; (B) an illicit drugs seizure rate, which measures the amount and type of illicit drugs seized by U.S. Customs and Border Protection in any fiscal year compared to an average of the amount and type of illicit drugs seized by U.S. Customs and Border Protection for the immediately preceding 5 fiscal years; (C) a cocaine seizure effectiveness rate, which shall be measured by calculating the percentage of the total documented cocaine flow rate (as contained in Federal drug databases) that is seized by U.S. Customs and Border Protection; (D) estimates, using alternative methodologies, including survey data and randomized secondary screening data, of— (i) total attempted inadmissible border crossers; (ii) the rate of apprehension of attempted inadmissible border crossers; and (iii) the inflow into the United States of inadmissible border crossers who evade apprehension; (E) the number of infractions related to personnel and cargo committed by major violators who are apprehended by U.S. Customs and Border Protection at ports of entry, and the estimated number of such infractions committed by major violators who are not so apprehended; and (F) a measurement of how border security operations affect crossing times. (2) Covert testing The Inspector General of the Department of Homeland Security shall carry out covert testing at ports of entry and submit to the Secretary of Homeland Security and the appropriate congressional committees a report that contains the results of such testing. The Secretary shall use such results to inform activities under this subsection. (g) Metrics for securing the maritime border Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall implement metrics, informed by situational awareness, to measure the effectiveness of security in the maritime environment, which shall include— (1) an estimate of the total number of undocumented migrants the Department of Homeland Security’s maritime security components fail to interdict; (2) an undocumented migrant interdiction rate, which measures the number of undocumented migrants interdicted against the total estimated number of undocumented migrants the Department of Homeland Security’s maritime security components fail to interdict; (3) an illicit drugs removal rate, which measures the amount and type of illicit drugs removed by the maritime security components of the Department of Homeland Security inside a transit zone in any fiscal year compared to an average of the amount and type of illicit drugs removed by such components inside a transit zone for the immediately preceding 5 fiscal years; (4) an illicit drugs removal rate, which measures the amount of illicit drugs removed by the maritime security components of the Department of Homeland Security outside a transit zone in any fiscal year compared to an average of the amount of illicit drugs removed by such components outside a transit zone for the immediately preceding 5 fiscal years; (5) a cocaine removal effectiveness rate inside a transit zone; (6) a cocaine removal effectiveness rate outside a transit zone; and (7) a response rate which measures the Department of Homeland Security’s ability to respond to and resolve known maritime threats, both inside and outside a transit zone, by placing assets on-scene, compared to the total number of events with respect to which the Department has known threat information. (h) Collaboration and consultation (1) In general The Secretary of Homeland Security shall collaborate with the head of a national laboratory within the Department of Homeland Security laboratory network with expertise in border security and the head of a border security university-based center within the Department of Homeland Security centers of excellence network to develop, and ensure the suitability and statistical validity of, the metrics required under subsections (e), (f), and (g). (2) Recommendations relating to certain other metrics In carrying out paragraph (1), the head of the national laboratory and the head of a border security university-based center shall make recommendations to the Secretary of Homeland Security for other suitable metrics that may be used to measure the effectiveness of border security. (3) Consultation In addition to the collaboration described in paragraph (1), the Secretary shall also consult with the Governors of every border State and the representatives of the Border Patrol and U.S. Customs and Border Protection regarding the development of the metrics required under subsections (e), (f), and (g). (i) Evaluation by the Government Accountability Office (1) In general The Secretary of Homeland Security shall provide the Government Accountability Office with the data and methodology used to develop the metrics implemented under subsections (e), (f), and (g). (2) Report Not later than 270 days after receiving the data and methodology referred to in paragraph (1), the Comptroller General of the United States shall submit a report to the appropriate congressional committees on the suitability and statistical validity of such data and methodology. (j) Certifications and reports relating to operational control (1) By the secretary of homeland security (A) Two years If the Secretary of Homeland Security determines that situational awareness and operational control of high traffic areas have been achieved not later than 2 years after the date of the submission of the implementation plan required under subsection (c), the Secretary shall submit an attestation of such achievement to the appropriate congressional committees and the Comptroller General of the United States. (B) Five years If the Secretary of Homeland Security determines that operational control along the southwest border of the United States has been achieved not later than 5 years after the date of the submission of the implementation plan required under subsection (c), the Secretary shall submit an attestation of such achievement to the appropriate congressional committees and the Comptroller General of the United States. (C) Annual updates Every year beginning with the year after the Secretary of Homeland Security submits the attestation under subparagraph (B), if the Secretary determines that operational control along the southwest border of the United States is being maintained, the Secretary shall submit an attestation of such maintenance to the appropriate congressional committees and the Comptroller General of the United States. (2) By the comptroller general (A) Reviews The Comptroller General of the United States shall review and assess the attestations of the Secretary of Homeland Security under subparagraphs (A), (B), and (C) of paragraph (1). (B) Reports Not later than 120 days after conducting the reviews described in subparagraph (A), the Comptroller General of the United States shall submit a report on the results of each such review to the appropriate congressional committees. (k) Failure To achieve situational awareness or operational control If the Secretary of Homeland Security determines that situational awareness, operational control, or both, as the case may be, has not been achieved by the dates referred to in subparagraphs (A) and (B) of subsection (j)(1), as the case may be, or if the Secretary determines that operational control is not being annually maintained pursuant to subparagraph (C) of such subsection, the Secretary shall, not later than 60 days after such dates, submit a report to the appropriate congressional committees that— (1) describes why situational awareness or operational control, or both, as the case may be, was not achieved; and (2) includes a description of impediments incurred, potential remedies, and recommendations to achieve situational awareness, operational control, or both, as the case may be. (l) Government accountability office report on border security duplication and cost effectiveness Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to the appropriate congressional committees that addresses— (1) areas of overlap in responsibilities within the border security functions of the Department of Homeland Security; and (2) the relative cost effectiveness of border security strategies, including deployment of additional personnel and technology, and construction of virtual and physical barriers. (m) Reports Not later than 60 days after the date of the enactment of this Act and annually thereafter, the Secretary of Homeland Security shall submit a report to the appropriate congressional committees that contains— (1) a resource allocation model for current and future year staffing requirements that includes— (A) optimal staffing levels at all land, air, and sea ports of entry; and (B) an explanation of U.S. Customs and Border Protection methodology for aligning staffing levels and workload to threats and vulnerabilities and their effects on cross border trade and passenger travel across all mission areas; (2) detailed information on the level of manpower available at all land, air, and sea ports of entry and between ports of entry, including the number of canine and agricultural specialists assigned to each such port of entry; (3) detailed information that describes the difference between the staffing the model suggests and the actual staffing at each port of entry and between the ports of entry; and (4) detailed information that examines the security impacts and competitive impacts of entering into a reimbursement agreement with foreign governments for U.S. Customs and Border Protection preclearance facilities. 204. Prohibition on land border crossing fee study The Secretary of Homeland Security may not conduct any study relating to the imposition of a border crossing fee for pedestrians or passenger vehicles at land ports of entry along the southern border or the northern border of the United States. 205. Border security resources (a) Equipment and technology enhancements Consistent with the Southern Border Security Strategy required under section 203, the Secretary of Homeland Security, in consultation with the Commissioner of U.S. Customs and Border Protection, shall upgrade existing technological assets and equipment, and procure and deploy additional technological assets and equipment on the southern border. (b) Physical and tactical infrastructure improvements (1) Construction, upgrade, and acquisition of border control facilities Consistent with the Southern Border Security Strategy required under section 203, the Secretary, shall upgrade existing physical and tactical infrastructure of the Department of Homeland Security, and construct and acquire additional physical and tactical infrastructure on the southern border, including the following: (A) U.S. Border Patrol stations. (B) U.S. Border Patrol checkpoints. (C) Forward operating bases. (D) Monitoring stations. (E) Mobile command centers. (F) Land border port of entry improvements. (G) Other necessary facilities, structures, and properties. (c) Customs and border protection personnel enhancements (1) Additional officers Consistent with the Southern Border Security Strategy required under section 203, the Secretary is authorized to increase the number of trained active-duty U.S. Customs and Border Protection officers deployed on the southern border, including— (A) officers serving in the Office of the Border Patrol; (B) officers serving in the Office of Air and Marine; and (C) officers serving in the Office of Field Operations, including officers stationed at land border ports of entry. (2) Expedited training and deployment authority When exercising authority under this section, the Secretary is authorized— (A) to conduct enhanced recruiting operations for U.S. Customs and Border Protection personnel; (B) to conduct additional training academies for U.S. Customs and Border Protection personnel; and (C) to promulgate regulations allowing for the expedited training of U.S. Customs and Border Protection personnel. (d) National Guard support for operations (1) In general Amounts authorized to be appropriated under this section may be expended, with the approval of the Secretary of Defense and the Secretary of Homeland Security, for the Governor of a State to order any units or personnel of the National Guard of such State to perform operations and missions under section 502(f) of title 32, United States Code, on the southern border. (2) Assignment of operations and missions (A) In general National Guard units and personnel deployed under paragraph (1) may be assigned such operations, including missions specified in paragraph (3), as may be necessary to provide assistance for operations on the southern border. (B) Nature of duty The duty of National Guard personnel performing operations and missions described in subparagraph (A) shall be full-time duty under title 32, United States Code. (3) Range of operations and missions The operations and missions assigned under paragraph (2) shall include the temporary authority— (A) to provide assistance for law enforcement, including the interdiction of human trafficking, illicit drugs, and contraband crossing the border; (B) to assist in the provision of humanitarian relief; (C) to increase ground-based mobile surveillance systems; (D) to deploy additional unmanned aerial systems and manned aircraft sufficient to maintain continuous surveillance of the southern border; (E) to deploy and provide capability for radio communications interoperability between U.S. Customs and Border Protection and State, local, and tribal law enforcement agencies; (F) to construct checkpoints along the southern border to bridge the gap to long-term permanent checkpoints; (G) to provide assistance to U.S. Customs and Border Protection, particularly in rural, high-trafficked areas, as designated by the Commissioner of U.S. Customs and Border Protection; (H) to enhance law enforcement rotary wing operations supporting quick reaction forces, medical air evacuations, and incident awareness and assessment operations; and (I) to provide equipment and training to law enforcement agencies. (4) Materiel and logistical support The Secretary of Defense shall deploy such materiel and equipment and logistical support as may be necessary to ensure success of the operations and missions conducted by the National Guard under this subsection. (5) Exclusion from national guard personnel strength limitations National Guard personnel deployed under paragraph (1) shall not be included in— (A) the calculation to determine compliance with limits on end strength for National Guard personnel; or (B) limits on the number of National Guard personnel that may be placed on active duty for operational support under section 115 of title 10, United States Code. (6) Funding There are authorized to be appropriated for fiscal years 2014 and 2015 such sums as may be necessary to carry out this subsection. (e) State and local assistance (1) In general The Federal Emergency Management Agency shall enhance law enforcement preparedness, humanitarian responses, and operational readiness along the southern border through Operation Stonegarden. (2) Grants and reimbursements (A) In general For purposes of paragraph (1), amounts made available under this section shall be allocated for grants and reimbursements to State and local governments in Border Patrol Sectors on the southern border for personnel, overtime, travel, costs related to combating illegal immigration and drug smuggling, and costs related to providing humanitarian relief to unaccompanied alien children who have entered the United States. (B) Funding for state and local governments Allocations for grants and reimbursements to State and local governments under this paragraph shall be made by the Federal Emergency Management Agency through a competitive process. (3) Funding There are authorized to be appropriated for fiscal years 2014 and 2015 such sums as may be necessary to carry out this subsection.
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113-hr-5115
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I 113th CONGRESS 2d Session H. R. 5115 IN THE HOUSE OF REPRESENTATIVES July 15, 2014 Mr. McAllister introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to improve the beneficiary travel program of the Department of Veterans Affairs.
1. Short title This Act may be cited as the Rural Veteran Access to Care Act . 2. Expansion of beneficiary travel program Section 111(b)(1)(B) of title 38, United States Code, is amended by striking rated at 30 percent or more .
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113-hr-5116
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I 113th CONGRESS 2d Session H. R. 5116 IN THE HOUSE OF REPRESENTATIVES AN ACT To direct the Secretary of Homeland Security to train Department of Homeland Security personnel how to effectively deter, detect, disrupt, and prevent human trafficking during the course of their primary roles and responsibilities, and for other purposes.
1. Short title This Act may be cited as the Human Trafficking Detection Act of 2014 . 2. Definitions In this Act: (1) Department The term Department means the Department of Homeland Security. (2) Human trafficking The term human trafficking means an act or practice described in paragraph (9) or (10) of section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 ). (3) Secretary The term Secretary means the Secretary of Homeland Security. 3. Training for Department personnel to identify human trafficking (a) In General Not later than 180 days after the date of enactment of this Act, the Secretary shall implement a program to— (1) train and periodically retrain relevant Transportation Security Administration, U.S. Customs and Border Protection, and other Department personnel that the Secretary considers appropriate, how to effectively deter, detect, and disrupt human trafficking, and, where appropriate, interdict a suspected perpetrator of human trafficking, during the course of their primary roles and responsibilities; and (2) ensure that the personnel referred to in paragraph (1) regularly receive current information on matters related to the detection of human trafficking, including information that becomes available outside of the Department’s initial or periodic retraining schedule, to the extent relevant to their official duties and consistent with applicable information and privacy laws. (b) Training described The training referred to in subsection (a) may be conducted through in-class or virtual learning capabilities, and shall include— (1) methods for identifying suspected victims of human trafficking and, where appropriate, perpetrators of human trafficking; (2) for appropriate personnel, methods to approach a suspected victim of human trafficking, where appropriate, in a manner that is sensitive to the suspected victim and is not likely to alert a suspected perpetrator of human trafficking; (3) training that is most appropriate for a particular location or environment in which the personnel receiving such training perform their official duties; (4) other topics determined by the Secretary to be appropriate; and (5) a post-training evaluation for personnel receiving the training. (c) Training curriculum review The Secretary shall annually reassess the training program established under subsection (a) to ensure it is consistent with current techniques, patterns, and trends associated with human trafficking. 4. Certification and report to Congress (a) Certification Not later than one year after the date of the enactment of this Act, the Secretary shall certify to the appropriate congressional committees that all personnel referred to in section 3(a) have successfully completed the training required under that section. (b) Report to Congress Not later than one year after the date of the enactment of this Act and annually thereafter, the Secretary shall report to the appropriate congressional committees the overall effectiveness of the program required by this Act, the number of cases reported by Department personnel in which human trafficking was suspected and, of those cases, the number of cases that were confirmed cases of such trafficking. 5. Assistance to non-Federal entities The Secretary may provide training curricula to any State, local, or tribal government or private organization to assist such entity in establishing its program of training to identify human trafficking, upon request from such entity.
Passed the House of Representatives July 23, 2014. Karen L. Haas, Clerk.
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113-hr-5117
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I 113th CONGRESS 2d Session H. R. 5117 IN THE HOUSE OF REPRESENTATIVES July 15, 2014 Mr. Posey (for himself and Mr. Murphy of Florida ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To make competitive awards to national estuary programs, and for other purposes.
1. Short title This Act may be cited as the Estuary Urgent Needs Priority Program Act . 2. Competitive awards Section 320(g) of the Federal Water Pollution Control Act ( 33 U.S.C. 1330(g) ) is amended by adding at the end the following: (4) Competitive awards (A) In general Of the amount made available under subsection (i), the Administrator shall make competitive awards under this paragraph. (B) Application for awards The Administrator shall solicit applications for awards under this paragraph from State, interstate, and regional water pollution control agencies and entities, State coastal zone management agencies, interstate agencies, other public or nonprofit private agencies, institutions, organizations, and individuals. (C) Selection of recipients In selecting award recipients under this paragraph, the Administrator shall select recipients that are best able to address urgent and challenging issues that threaten the economic and ecological well-being of coastal areas. Such issues shall include— (i) extensive seagrass habitat losses resulting in significant impacts on fisheries and water quality; (ii) recurring harmful algae blooms, unusual marine mammal mortalities; (iii) invasive exotic species which can threaten wastewater systems and cause other damage; or (iv) jellyfish proliferation limiting community access to water during peak tourism seasons. (D) Priority The Administrator shall give priority for the competitive awards described in subparagraph (A) to national estuary programs that are not part of the Geographic Programs as described in the explanatory statement referred to in section 4 of the Consolidated Appropriations Act, 2014 ( Public Law 113–76 ; 128 Stat. 7 and printed on page H978 of the Congressional Record on January 15, 2014). (E) Authorization of appropriations From the amounts made available under subsection (i), 15 percent shall be made available for the competitive awards program under this subsection. .
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113-hr-5118
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I 113th CONGRESS 2d Session H. R. 5118 IN THE HOUSE OF REPRESENTATIVES July 15, 2014 Mr. Terry (for himself, Mrs. Black , Mr. Broun of Georgia , Mr. Lance , Mrs. Ellmers , Mr. Westmoreland , Mr. Graves of Georgia , Mr. Smith of Nebraska , Mr. Long , Mr. Kline , and Mr. McClintock ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To direct the Attorney General to report to Congress on the numbers of aliens unlawfully present in the United States who appear and fail to appear before immigration judges for proceedings under section 240 of the Immigration and Nationality Act, and for other purposes.
1. Short title This Act may be cited as the Transparent Report of Alien Children’s Safety Act of 2014 . 2. Monthly reports on certain matters before immigration judges Not later than the second Monday after the date of the enactment of this Act, and the first Monday of each month thereafter through March 30, 2017 (or the next business day when Monday occurs on a Federal holiday), the Attorney General, in consultation with the Secretary of Homeland Security, shall submit to the Committees on the Judiciary of the House of Representatives and the Senate, the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate and make publicly available on the Internet websites of the Department of Justice and the Department of Homeland Security a report that includes— (1) the number of aliens unlawfully present in the United States who have appeared before an immigration judge (as such term is defined in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 )) for proceedings under section 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a ) during the previous month; (2) a State-by-State breakdown of, during the previous month, the number of aliens unlawfully present in the United States who— (A) have appeared before an immigration judge for proceedings under section 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a ); (B) in the case of unaccompanied alien children, have been placed in each State by the Secretary of Health and Human Services pursuant to section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2005 (8 U.S.C. 1232) pending proceedings under section 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a ); (C) have failed to appear before an immigration judge after receiving written notice regarding a required appearance in proceedings under section 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a ); and (D) have failed to appear before an immigration judge and are under the age of 18 years old after receiving written notice regarding a required appearance in proceedings under section 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a ); and (3) a State-by-State breakdown of, during the previous year, the number of aliens unlawfully present in the United States who— (A) have failed to make any appearance before an immigration judge after receiving written notice regarding each required appearance in proceedings under section 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a ); and (B) have failed to make two or more appearances before an immigration judge after receiving written notice regarding each required appearance in proceedings under section 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a ).
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113-hr-5119
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I 113th CONGRESS 2d Session H. R. 5119 IN THE HOUSE OF REPRESENTATIVES July 16, 2014 Mr. Carney (for himself and Mrs. Lummis ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To authorize the Secretary of the Air Force to modernize C–130 aircraft using alternative communication, navigation, surveillance, and air traffic management program kits and to ensure that such aircraft meet applicable regulations of the Federal Aviation Administration.
1. C–130 fleet modernization (a) In general For purposes of modernizing the C–130 fleet, the Secretary of the Air Force may install alternative communication, navigation, surveillance, and air traffic management program kits in lieu of C–130 avionics modernization program kits if the Secretary determines, on a case-by-case basis, that such alternative program is appropriate and notifies the congressional defense committees (as defined in section 101(a)(16) of title 10, United States Code) of such determination. (b) Compatibility with FAA regulations The Secretary shall ensure that all C–130 aircraft are capable of meeting applicable regulations of the Federal Aviation Administration by January 1, 2020.
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113-hr-5120
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I 113th CONGRESS 2d Session H. R. 5120 IN THE HOUSE OF REPRESENTATIVES AN ACT To improve management of the National Laboratories, enhance technology commercialization, facilitate public-private partnerships, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Department of Energy Laboratory Modernization and Technology Transfer 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. Sec. 3. Savings clause. Title I—Innovation management at Department of Energy Sec. 101. Under Secretary for Science and Energy. Sec. 102. Technology transfer assessment. Sec. 103. Sense of Congress. Title II—Cross-sector partnerships and grant competitiveness Sec. 201. Agreements for Commercializing Technology pilot program. Sec. 202. Public-private partnerships for commercialization. Sec. 203. Inclusion of early-stage technology demonstration in authorized technology transfer activities. Sec. 204. Funding competitiveness for institutions of higher education and other nonprofit institutions. Sec. 205. Participation in the Innovation Corps program. Title III—Assessment of impact Sec. 301. Report by Government Accountability Office. 2. Definitions In this Act: (1) Department The term Department means the Department of Energy. (2) National Laboratories The term National Laboratory means a Department of Energy nonmilitary national laboratory, including— (A) Ames Laboratory; (B) Argonne National Laboratory; (C) Brookhaven National Laboratory; (D) Fermi National Accelerator Laboratory; (E) Idaho National Laboratory; (F) Lawrence Berkeley National Laboratory; (G) National Energy Technology Laboratory; (H) National Renewable Energy Laboratory; (I) Oak Ridge National Laboratory; (J) Pacific Northwest National Laboratory; (K) Princeton Plasma Physics Laboratory; (L) Savannah River National Laboratory; (M) Stanford Linear Accelerator Center; (N) Thomas Jefferson National Accelerator Facility; and (O) any laboratory operated by the National Nuclear Security Administration, but only with respect to the civilian energy activities thereof. (3) Secretary The term Secretary means the Secretary of Energy. 3. Savings clause Nothing in this Act or an amendment made by this Act abrogates or otherwise affects the primary responsibilities of any National Laboratory to the Department. I Innovation management at Department of Energy 101. Under Secretary for Science and Energy (a) In general Section 202(b) of the Department of Energy Organization Act ( 42 U.S.C. 7132(b) ) is amended— (1) by striking Under Secretary for Science each place it appears and inserting Under Secretary for Science and Energy ; and (2) in paragraph (4)— (A) in subparagraph (F), by striking and at the end; (B) in subparagraph (G), by striking the period at the end and inserting a semicolon; and (C) by inserting after subparagraph (G) the following: (H) establish appropriate linkages between offices under the jurisdiction of the Under Secretary; and (I) perform such functions and duties as the Secretary shall prescribe, consistent with this section. . (b) Conforming amendments (1) Section 3164(b)(1) of the Department of Energy Science Education Enhancement Act ( 42 U.S.C. 7381a(b)(1) ) is amended by striking Under Secretary for Science and inserting Under Secretary for Science and Energy . (2) Section 641(h)(2) of the United States Energy Storage Competitiveness Act of 2007 ( 42 U.S.C. 17231(h)(2) ) is amended by striking Under Secretary for Science and inserting Under Secretary for Science and Energy . 102. Technology transfer assessment Not later than 180 days after the date of enactment of this Act, the Secretary shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report which shall include— (1) an assessment of the Department’s current ability to carry out the goals of section 1001 of the Energy Policy Act of 2005 ( 42 U.S.C. 16391 ), including an assessment of the role and effectiveness of the Technology Transfer Coordinator position; and (2) recommended departmental policy changes and legislative changes to section 1001 of the Energy Policy Act of 2005 ( 42 U.S.C. 16391 ) to improve the Department’s ability to successfully transfer new energy technologies to the private sector. 103. Sense of Congress It is the sense of the Congress that— (1) the establishment of the independent Commission to Review the Effectiveness of the National Energy Laboratories under section 319 of title III of division D of the Consolidated Appropriations Act, 2014, is an important step towards developing a coordinated strategy for the National Laboratories in the 21st century; (2) Congress looks forward to— (A) receiving the findings and conclusions of the Commission; and (B) engaging with the Administration— (i) in strengthening the mission of the National Laboratories; and (ii) to reform and modernize the operations and management of the National Laboratories; and (3) the Secretary should encourage the National Laboratories and federally funded research and development centers to inform small businesses of the opportunities and resources that exist pursuant to this Act. II Cross-sector partnerships and grant competitiveness 201. Agreements for Commercializing Technology pilot program (a) In general The Secretary shall carry out the Agreements for Commercializing Technology pilot program of the Department, as announced by the Secretary on December 8, 2011, in accordance with this section. (b) Terms Each agreement entered into pursuant to the pilot program referred to in subsection (a) shall provide to the contractor of the applicable National Laboratory, to the maximum extent determined to be appropriate by the Secretary, increased authority to negotiate contract terms, such as intellectual property rights, payment structures, performance guarantees, and multiparty collaborations. (c) Eligibility (1) In general Any director of a National Laboratory may enter into an agreement pursuant to the pilot program referred to in subsection (a). (2) Agreements with non-Federal entities To carry out paragraph (1) and subject to paragraph (3), the Secretary shall permit the directors of the National Laboratories to execute agreements with a non-Federal entity, including a non-Federal entity already receiving Federal funding that will be used to support activities under agreements executed pursuant to paragraph (1), provided that such funding is solely used to carry out the purposes of the Federal award. (3) Restriction The requirements of chapter 18 of title 35, United States Code (commonly known as the Bayh-Dole Act ) shall apply if— (A) the agreement is a funding agreement (as that term is defined in section 201 of that title); and (B) at least 1 of the parties to the funding agreement is eligible to receive rights under that chapter. (d) Submission to Secretary Each affected director of a National Laboratory shall submit to the Secretary, with respect to each agreement entered into under this section— (1) a summary of information relating to the relevant project; (2) the total estimated costs of the project; (3) estimated commencement and completion dates of the project; and (4) other documentation determined to be appropriate by the Secretary. (e) Certification The Secretary shall require the contractor of the affected National Laboratory to certify that each activity carried out under a project for which an agreement is entered into under this section— (1) is not in direct competition with the private sector; and (2) does not present, or minimizes, any apparent conflict of interest, and avoids or neutralizes any actual conflict of interest, as a result of the agreement under this section. (f) Extension The pilot program referred to in subsection (a) shall be extended for a term of 2 years after the date of enactment of this Act. (g) Reports (1) Overall assessment Not later than 60 days after the date described in subsection (f), the Secretary, in coordination with directors of the National Laboratories, shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that— (A) assesses the overall effectiveness of the pilot program referred to in subsection (a); (B) identifies opportunities to improve the effectiveness of the pilot program; (C) assesses the potential for program activities to interfere with the responsibilities of the National Laboratories to the Department; and (D) provides a recommendation regarding the future of the pilot program. (2) Transparency The Secretary, in coordination with directors of the National Laboratories, shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate an annual report that accounts for all incidences of, and provides a justification for, non-Federal entities using funds derived from a Federal contract or award to carry out agreements pursuant to this section. 202. Public-private partnerships for commercialization (a) In general Subject to subsections (b) and (c), the Secretary shall delegate to directors of the National Laboratories signature authority with respect to any agreement described in subsection (b) the total cost of which (including the National Laboratory contributions and project recipient cost share) is less than $1,000,000. (b) Agreements Subsection (a) applies to— (1) a cooperative research and development agreement; (2) a non-Federal work-for-others agreement; and (3) any other agreement determined to be appropriate by the Secretary, in collaboration with the directors of the National Laboratories. (c) Administration (1) Accountability The director of the affected National Laboratory and the affected contractor shall carry out an agreement under this section in accordance with applicable policies of the Department, including by ensuring that the agreement does not compromise any national security, economic, or environmental interest of the United States. (2) Certification The director of the affected National Laboratory and the affected contractor shall certify that each activity carried out under a project for which an agreement is entered into under this section does not present, or minimizes, any apparent conflict of interest, and avoids or neutralizes any actual conflict of interest, as a result of the agreement under this section. (3) Availability of records On entering an agreement under this section, the director of a National Laboratory shall submit to the Secretary for monitoring and review all records of the National Laboratory relating to the agreement. (4) Rates The director of a National Laboratory may charge higher rates for services performed under a partnership agreement entered into pursuant to this section, regardless of the full cost of recovery, if such funds are used exclusively to support further research and development activities at the respective National Laboratory. (d) Conforming amendment Section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3710a ) is amended— (1) in subsection (a)— (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting the subparagraphs appropriately; (B) by striking Each Federal agency and inserting the following: (1) In general Except as provided in paragraph (2), each Federal agency ; and (C) by adding at the end the following: (2) Exception Notwithstanding paragraph (1), in accordance with section 202(a) of the Department of Energy Laboratory Modernization and Technology Transfer Act of 2014 , approval by the Secretary of Energy shall not be required for any technology transfer agreement proposed to be entered into by a National Laboratory of the Department of Energy, the total cost of which (including the National Laboratory contributions and project recipient cost share) is less than $1,000,000. ; and (2) in subsection (b), by striking subsection (a)(1) each place it appears and inserting subsection (a)(1)(A) . 203. Inclusion of early-stage technology demonstration in authorized technology transfer activities Section 1001 of the Energy Policy Act of 2005 ( 42 U.S.C. 16391 ) is amended by— (1) redesignating subsection (g) as subsection (h); and (2) inserting after subsection (f) the following: (g) Early-Stage technology demonstration The Secretary shall permit the directors of the National Laboratories to use funds authorized to support technology transfer within the Department to carry out early-stage and pre-commercial technology demonstration activities to remove technology barriers that limit private sector interest and demonstrate potential commercial applications of any research and technologies arising from National Laboratory activities. . 204. Funding competitiveness for institutions of higher education and other nonprofit institutions Section 988(b) of the Energy Policy Act of 2005 ( 42 U.S.C. 16352(b) ) is amended— (1) in paragraph (1), by striking Except as provided in paragraphs (2) and (3) and inserting Except as provided in paragraphs (2), (3), and (4) ; and (2) by adding at the end the following: (4) Exemption for institutions of higher education and other nonprofit institutions (A) In general Paragraph (1) shall not apply to a research or development activity performed by an institution of higher education or nonprofit institution (as defined in section 4 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3703 )). (B) Termination date The exemption under subparagraph (A) shall apply during the 6-year period beginning on the date of enactment of this paragraph. . 205. Participation in the Innovation Corps program The Secretary may enter into an agreement with the Director of the National Science Foundation to enable researchers funded by the Department to participate in the National Science Foundation Innovation Corps program. III Assessment of impact 301. Report by Government Accountability Office Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report— (1) describing the results of the projects developed under sections 201, 202, and 203, including information regarding— (A) partnerships initiated as a result of those projects and the potential linkages presented by those partnerships with respect to national priorities and other taxpayer-funded research; and (B) whether the activities carried out under those projects result in— (i) fiscal savings; (ii) expansion of National Laboratory capabilities; (iii) increased efficiency of technology transfers; or (iv) an increase in general efficiency of the National Laboratory system; and (2) assess the scale, scope, efficacy, and impact of the Department’s efforts to promote technology transfer and private sector engagement at the National Laboratories, and make recommendations on how the Department can improve these activities.
Passed the House of Representatives July 22, 2014. Karen L. Haas, Clerk.
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113-hr-5121
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I 113th CONGRESS 2d Session H. R. 5121 IN THE HOUSE OF REPRESENTATIVES July 16, 2014 Mr. Bentivolio introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committees on the Judiciary and Armed Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To prohibit the indefinite detention of United States citizens and lawful resident aliens, and for other purposes.
1. Short Title This Act may be cited as the Restore Unalienable Rights Act of 2014 . 2. Amendment of the National Defense Authorization Act Subsection (b) of section 1021 of the National Defense Authorization Act for Fiscal Year 2012 (10 U.S.C. 801 note) is amended to read as follows: (b) Covered persons A covered person under this section is a person— (1) who— (A) planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored those responsible for those attacks; or (B) was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces; and (2) who is not a United States citizen or lawful resident alien of the United States who was captured, detained, or arrested in the United States. . 3. Prohibition on the indefinite detention of citizens and lawful permanent residents Section 4001 of title 18, United States Code, is amended— (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following: (b) An authorization to use military force, a declaration of war, or any similar authority may not authorize the detention without charge or trial of a citizen or lawful permanent resident of the United States apprehended in the United States. . 4. Applicability The amendments made by this Act shall apply with respect to a person who is taken into custody or brought under the control of the United States after the date of the enactment of this Act.
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113-hr-5122
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I 113th CONGRESS 2d Session H. R. 5122 IN THE HOUSE OF REPRESENTATIVES July 16, 2014 Mr. Bishop of New York introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Family and Medical Leave Act of 1993 to clarify the eligibility requirements with respect to railroad Hours of Service employees.
1. Short title This Act may be cited as the Railroad Hours of Service Employees Technical Corrections Act . 2. Leave requirement for railroad hours of service employees (a) Inclusion of railroad hours of service employees Section 101(2) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611(2) ) is amended by adding at the end the following: (E) Railroad hours of service employees (i) Determination For purposes of determining whether a railroad employee who is subject to the hours of service laws under chapter 211 of title 49, United States Code, meets the hours of service requirement specified in subparagraph (A)(ii), the employee will be considered to meet the requirement if— (I) the employee has worked or been paid for not less than 60 percent of the applicable total guarantee, or the equivalent, for the previous 12-month period, for or by the employer with respect to whom leave is requested under section 102; and (II) the employee has worked or been paid for not less than 504 hours (not counting personal commute time or time spent on vacation leave or medical or sick leave) during the previous 12-month period, for or by that employer. (ii) File Each employer of an employee described in clause (i) shall maintain on file with the Secretary (in accordance with such regulations as the Secretary may prescribe) information specifying the applicable guarantee with respect to each category of employee to which such guarantee applies. (iii) Definition In this subparagraph, the term applicable guarantee means— (I) for an employee described in clause (i) other than an employee on reserve status, the minimum number of hours for which an employer has agreed to schedule such employee for any given period; and (II) for an employee described in clause (i) who is on reserve status, the number of hours for which an employer has agreed to pay such employee on reserve status for any given period, as established in the applicable collective bargaining agreement or, if none exists, in the employer’s policies. . (b) Calculation of leave for railroad hours of service employees Section 102(a) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2612(a) ) is amended by adding at the end the following: (5) Calculation of leave for railroad hours of service employees The Secretary may provide, by regulation, a method for calculating the leave described in paragraph (1) with respect to employees described in section 101(2)(E). .
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113-hr-5123
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I 113th CONGRESS 2d Session H. R. 5123 IN THE HOUSE OF REPRESENTATIVES July 16, 2014 Mr. Braley of Iowa introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To require the Secretary of Energy to implement country-of-origin disclosure requirements with respect to motor vehicle fuels, and for other purposes.
1. Short title This Act may be cited as the Country-of-Origin Labeling for Fuels Act . 2. Definitions In this Act: (1) Country-of-origin information The term country-of-origin information means information regarding each country in which motor vehicle fuel or the components of such fuel were extracted, refined, or otherwise processed. (2) Motor vehicle fuel The term motor vehicle fuel — (A) means any fuel used to power an automobile, as defined in section 32901(a) of title 49, United States Code; and (B) includes alternative fuels, as defined in such section, other than electricity (including electricity from solar energy). (3) Motor vehicle fuel retailer The term motor vehicle fuel retailer means a person in the motor vehicle fuel supply chain who sells motor vehicle fuel to the general public for ultimate consumption. (4) Motor vehicle fuel supplier The term motor vehicle fuel supplier means a person in the motor vehicle fuel supply chain other than a motor vehicle fuel retailer. 3. Study on implementing country-of-origin labeling for motor vehicle fuel (a) In general Not later than 1 year after the date of the enactment of this Act, the Secretary of Energy, in consultation with the Administrator of the Environmental Protection Agency, shall— (1) conduct a study to determine appropriate methods and standards for requiring that— (A) motor vehicle fuel suppliers disclose country-of-origin information with respect to motor vehicle fuel to the next person in the motor vehicle fuel supply chain; and (B) motor vehicle fuel retailers disclose such information to consumers; and (2) make recommendations with respect to the most feasible and cost-effective country-of-origin information disclosure requirements that can be imposed on motor vehicle fuel suppliers and motor vehicle fuel retailers. (b) Elements of study The study required by subsection (a) shall address the following: (1) The extent to which persons at each step in the motor vehicle fuel supply chain have access to country-of-origin information regarding the fuel they sell, and the nature of any such information. (2) An assessment of whether such information is adequate— (A) to enable a motor vehicle fuel supplier to provide country-of-origin information to the next person in the supply chain; and (B) to enable a motor vehicle fuel retailer to provide country-of-origin information to consumers, by displaying that information at fuel pumps or on a website. (3) If the Secretary determines under paragraph (2) that such information is inadequate to enable motor vehicle fuel suppliers or motor vehicle fuel retailers to provide country-of-origin information, measures that can be taken to collect adequate information— (A) by the Secretary; and (B) by motor vehicle fuel suppliers and motor vehicle fuel retailers. (4) The feasibility of various country-of-origin information disclosure requirements, including— (A) displaying at each fuel pump the precise country or countries in which the fuel being dispensed to each consumer originated; and (B) displaying at each motor vehicle fuel retailer or on the website of each motor vehicle fuel supplier or motor vehicle fuel retailer the country or countries from which the fuel the supplier or retailer (as the case may be) sells generally originates. (5) Such other issues relating to motor vehicle fuel country-of-origin information disclosure requirements as the Secretary considers appropriate. (c) Report to Congress Not later than 90 days after completing the study required by subsection (a), the Secretary shall submit to Congress a report that— (1) summarizes the results of the study; and (2) contains the recommendations required by subsection (a)(2). 4. Regulations requiring country-of-origin information disclosure (a) In general Not later than 180 days after submitting the report required by section 3(c), the Secretary of Energy, in consultation with the Administrator of the Environmental Protection Agency, shall prescribe regulations requiring disclosure of country-of-origin information by motor vehicle fuel suppliers and motor vehicle fuel retailers in accordance with the Secretary’s recommendations in the report. (b) 70 percent threshold The regulations required by subsection (a) shall not require the listing of more than one country-of-origin for a fuel blend containing fuel 70 percent or more of which originated in a single country. 5. Enforcement (a) In general Subject to subsection (b), the Secretary of Energy may impose a civil penalty of not more than $10,000 on a person that the Secretary determines, in accordance with section 554 of title 5, United States Code, knowingly violates the regulations prescribed under section 4. (b) Requirements with respect to imposition of penalty (1) Notice The Secretary of Energy may not impose a penalty upon a person for violating the regulations prescribed under section 4 unless— (A) the Secretary provides the person with notice of the violation; and (B) the violation continues for more than 30 days after the date on which the person received notice under subparagraph (A). (2) Determination of amount of penalty In determining the amount of the penalty to be imposed on a person for violating the regulations prescribed under section 4, the Secretary shall consider the severity of the violation, the size of the person’s business, and the effect of the penalty on the person’s ability to continue in business.
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113-hr-5124
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I 113th CONGRESS 2d Session H. R. 5124 IN THE HOUSE OF REPRESENTATIVES July 16, 2014 Mr. Danny K. Davis of Illinois (for himself and Mr. Burgess ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to reauthorize a sickle cell disease prevention and treatment demonstration program and to provide for sickle cell disease research, surveillance, prevention, and treatment.
1. Short title; table of contents (a) Short title This Act may be cited as the Sickle Cell Disease Research, Surveillance, Prevention, and Treatment 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. Sickle cell disease research. Sec. 3. Sickle cell disease surveillance. Sec. 4. Sickle cell disease prevention and treatment. Sec. 5. Collaboration with community-based entities. Sec. 6. Authorization of appropriations. 2. Sickle cell disease research Part P of title III of the Public Health Service Act is amended by inserting after section 399V–5 ( 42 U.S.C. 280g–16 ) the following: 399V–6. National Sickle Cell Disease Research, Surveillance, Prevention, and Treatment Program (a) Research The Secretary may conduct or support research to expand the understanding of the cause of, and to find a cure for, sickle cell disease. . 3. Sickle cell disease surveillance Section 399V–6 of the Public Health Service Act, as added by section 2, is amended by adding at the end the following: (b) Surveillance (1) Grants The Secretary shall, for each fiscal year for which appropriations are available to carry out this subsection, make grants to not more than 20 States— (A) to conduct surveillance and maintain data on the prevalence and distribution of sickle cell disease and its associated health outcomes, complications, and treatments; (B) to conduct public health initiatives with respect to sickle cell disease, including— (i) increasing efforts to improve access to, and receipt of, high-quality sickle cell disease-related health care, including the use of proven treatments such as Hydroxyurea; (ii) working with partners to improve health outcomes of people with sickle cell disease over the lifespan by promoting guidelines for sickle cell disease screening, prevention, and treatment, including management of sickle cell disease complications; (iii) providing support to community-based organizations and State and local health departments in conducting sickle cell disease education and training activities for patients, communities, and health care providers; and (iv) supporting and training State health departments and regional laboratories in comprehensive testing to identify specific forms of sickle cell disease in people of all ages; and (C) to identify and evaluate promising strategies for prevention and treatment of sickle cell disease complications, including through— (i) improving estimates of the national incidence and prevalence of sickle cell disease, including estimates about the specific types of sickle cell disease; (ii) identifying health disparities related to sickle cell disease; (iii) assessing the utilization of therapies and strategies to prevent complications related to sickle cell disease; and (iv) evaluating the impact of genetic, environmental, behavioral, and other risk factors that may affect sickle cell disease health outcomes. (2) Population included The Secretary shall, to the extent practicable, award grants under this subsection to States across the United States so as to include data on the majority of the United States population with sickle cell disease. (3) Application To seek a grant under this subsection, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (4) Definitions In this subsection: (A) The term Secretary means the Secretary of Health and Human Services, acting through the Director of the National Center on Birth Defects and Developmental Disabilities. (B) The term State includes the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau. . 4. Sickle cell disease prevention and treatment (a) Reauthorization Section 712(c) of the American Jobs Creation Act of 2004 ( Public Law 108–357 ; 42 U.S.C. 300b–1 note) is amended— (1) by striking Sickle Cell Disease each place it appears and inserting sickle cell disease ; (2) in paragraph (1)(A), by striking grants to up to 40 eligible entities for each fiscal year in which the program is conducted under this section for the purpose of developing and establishing systemic mechanisms to improve the prevention and treatment of Sickle Cell Disease and inserting grants to up to 25 eligible entities for each fiscal year in which the program is conducted under this section for the purpose of developing and establishing systemic mechanisms to improve the prevention and treatment of sickle cell disease in populations with a high density of sickle cell disease patients ; (3) in paragraph (1)(B)— (A) by striking clause (ii) (relating to priority); and (B) by striking Grant award requirements and all that follows through The Administrator shall and inserting Geographic diversity .—The Administrator shall ; (4) in paragraph (2), by adding the following new subparagraph at the end: (E) To expand, coordinate, and implement transition services for adolescents with sickle cell disease making the transition to adult health care. ; and (5) by striking paragraph (6). (b) Technical changes (1) Subsection (c) of section 712 of the American Jobs Creation Act of 2004 ( Public Law 108–357 ; 42 U.S.C. 300b–1 note) is— (A) transferred to the Public Health Service Act ( 42 U.S.C. 201 et seq. ); and (B) inserted at the end of section 399V–6 of such Act, as added and amended by sections 2 and 3 of this Act. (2) The table of contents in section 1(c) of the American Jobs Creation Act of 2004 (Public Law 108–357) is amended by striking the item relating to section 712. 5. Collaboration with community-based entities Section 399V–6 of the Public Health Service Act, as amended by section 3, is further amended by adding at the end the following: (c) Collaboration with community-Based entities To be eligible to receive a grant or other assistance under subsection (a), (b), or (c), an entity must have in effect a collaborative agreement with a community-based organization with 5 or more years of experience in providing services to sickle cell disease patients. . 6. Authorization of appropriations Section 399V–6 of the Public Health Service Act, as amended by section 5, is further amended by adding at the end the following: (d) Authorization of appropriations To carry out this section, there are authorized to be appropriated $20,000,000 for each of fiscal years 2015 through 2020. .
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113-hr-5125
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I 113th CONGRESS 2d Session H. R. 5125 IN THE HOUSE OF REPRESENTATIVES July 16, 2014 Mr. Latta (for himself, Mr. Issa , Ms. Eshoo , and Ms. Matsui ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To promote unlicensed spectrum use in the 5 GHz band, to maximize the use of the band for shared purposes in order to bolster innovation and economic development, and for other purposes.
1. Short title This Act may be cited as the Wi-Fi Innovation Act . 2. Promoting unlicensed spectrum (a) Definitions In this section: (1) Commission The term Commission means the Federal Communications Commission. (2) Dedicated Short-Range Communications Services The term Dedicated Short-Range Communications Services has the meaning given the term in section 90.7 of title 47, Code of Federal Regulations. (3) Dynamic Frequency Selection The term Dynamic Frequency Selection has the meaning given the term in section 15.403 of title 47, Code of Federal Regulations. (4) 5850–5925 MHz band The term 5850–5925 MHz band has the meaning given the term in section 6406(c) of the Middle Class Tax Relief and Job Creation Act of 2012 ( 47 U.S.C. 1453(c) ). (5) NTIA The term NTIA means the National Telecommunications and Information Administration. (6) Technical rules suitable for the widespread commercial development of unlicensed operations The term technical rules suitable for the widespread commercial development of unlicensed operations means technical rules that, to the maximum extent feasible— (A) permit outdoor unlicensed operations; (B) permit unlicensed operations at a maximum conducted transmitter output power limit of not less than 1 watt; and (C) do not require unlicensed devices to employ Dynamic Frequency Selection. (b) Modification of regulations To promote unlicensed use in the 5 GHz band (1) In general (A) Provision of additional unlicensed spectrum The Commission shall modify title 47, Code of Federal Regulations, to provide additional unlicensed spectrum in the 5850–5925 MHz band under technical rules suitable for the widespread commercial development of unlicensed operations in the band, as specified under paragraph (2). (B) NTIA cooperation The NTIA shall facilitate the modification described in subparagraph (A) by cooperating with the Commission to identify the spectrum management actions necessary to accommodate the regulatory changes specified under paragraph (2). (2) Required actions and modifications (A) In general (i) Office of Engineering and Technology public notice Not later than 3 months after the date of enactment of this Act, the Office of Engineering and Technology of the Commission shall issue a public notice seeking comment on proposals for— (I) interference-mitigation techniques and technologies, and potential rechannelization, that would accommodate both incumbent licensees, including Dedicated Short Range Communications Services licensees, and widespread commercial unlicensed operations in the 5850–5925 MHz band; and (II) deployment timelines for the technologies described in subclause (I). (ii) NTIA response The NTIA, in response to the public notice issued under clause (i), shall publicly submit to the Office of Engineering and Technology a description of any current and anticipated further Federal uses of the 5850–5925 MHz band. (B) Test plan (i) In general Not later than 6 months after the date of enactment of this Act, the Commission shall, in consultation with the Department of Transportation and the NTIA, develop and publish a test plan, including a timeline, for the use of unlicensed devices in the 5850–5925 MHz band. (ii) Requirement The test plan developed and published under clause (i) shall be designed to allow the Commission to evaluate technologies for allowing unlicensed devices to utilize the 5850–5925 MHz band without causing harmful interference to incumbent licensees, including Dedicated Short Range Communications Services licensees. (iii) Testing multiple methods The Commission may choose to test multiple methods of sharing the 5850–5925 MHz band. (iv) Considerations In developing the test plan under clause (i), the Commission shall consider— (I) the comments filed in response to the public notice issued under subparagraph (A)(i); (II) the comments filed in response to ET Docket No. 13–49; (III) the functions currently authorized under exclusive allocation that could be performed by unlicensed or shared spectrum; (IV) whether a system of priority access could substitute for exclusive licensing and, if so, whether the system of priority access should be confined to— (aa) particular portions of the 5850–5925 MHz band; and (bb) functions critical for dedicated short-range communications crash avoidance; (V) whether non-exclusive licensing or other forms of shared spectrum access could substitute for exclusive licensing; (VI) whether the Commission could promulgate rules to migrate existing licensees to an alternative band; (VII) whether, to protect critical public safety communications, the Commission could allow sharing in only a portion of the 5850–5925 MHz spectrum; and (VIII) whether shared use or a system of priority access— (aa) causes harmful interference to incumbent licensees; or (bb) compromises safety-of-life uses by incumbent licensees that are necessary for advancing motor vehicle safety. (C) Testing; results Not later than 15 months after the date of enactment of this Act, the Commission, in consultation with the Department of Transportation and the NTIA, shall— (i) conduct testing in accordance with the test plan developed under subparagraph (B); (ii) publish a summary of the results of the testing to the docket relating to the 5850–5925 MHz band; and (iii) reference the results of the testing and the comments filed under subparagraph (A) in determining unlicensed device use of the 5850–5925 MHz band. (D) Regulations (i) In general Not later than 24 months after the date of enactment of this Act— (I) if the Commission determines that a mitigation technology, rechannelization, or other approach would allow unlicensed operations in the 5850–5925 MHz band that will not cause harmful interference to existing licensees of that band, the Commission shall modify part 15 of title 47, Code of Federal Regulations, to adopt technical rules suitable for the widespread commercial deployment of unlicensed operations for the 5850–5925 MHz band; or (II) if the Commission determines that no mitigation technology, rechannelization, or other sharing approach would prevent unlicensed operations in the 5850–5925 MHz band from causing harmful interference to existing licensees of that band, the Commission— (aa) shall provide notification of the determination to— (AA) Congress; (BB) the Department of Transportation; and (CC) the NTIA; and (bb) may not modify part 15 of title 47, Code of Federal Regulations, to adopt technical rules suitable for the widespread commercial deployment of unlicensed operations for the 5850–5925 MHz band until the Commission can ensure that such operations will not cause harmful interference to existing licensees of that band. (ii) Intelligent transportation systems The Commission shall modify subpart M of part 90 of title 47, Code of Federal Regulations (relating to the Intelligent Transportation Systems radio service), and subpart L of part 95 of title 47, Code of Federal Regulations (relating to dedicated short-range communications service on-board units), if the Commission determines that such a modification would maximize the utility of the 5850–5925 MHz band while protecting existing licensees from harmful interference. 3. Assessing unlicensed spectrum and wi-fi use in low-income neighborhoods (a) Study (1) In general The Federal Communications Commission (in this section referred to as the Commission ) shall conduct a study to evaluate the availability of broadband Internet access using unlicensed spectrum and wireless networks in low-income neighborhoods. (2) Requirements In conducting the study under paragraph (1), the Commission shall consider and evaluate— (A) any barriers preventing or limiting the deployment and use of wireless networks in low-income neighborhoods; (B) how to overcome the barriers described in subparagraph (A) through incentives, policies, or requirements that would increase the availability of unlicensed spectrum and related technologies in low-income neighborhoods to increase broadband adoption by elementary and secondary school-age children in schools and at home in these communities; (C) proposals that would encourage the home broadband adoption by not less than 50 percent of households with elementary and secondary school-age children that are in low-income neighborhoods; and (D) the availability of wireless Internet hot spots and access to unlicensed spectrum for children described in subparagraph (B). (b) Report Not later than 1 year after the date of enactment of this Act, the Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that— (1) summarizes the findings of the study conducted under subsection (a); and (2) makes recommendations with respect to the potential incentives, policies, and requirements described in subsection (a)(2)(B).
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113-hr-5126
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I 113th CONGRESS 2d Session H. R. 5126 IN THE HOUSE OF REPRESENTATIVES July 16, 2014 Ms. Lee of California (for herself, Mr. Burgess , Ms. Schakowsky , and Mr. Benishek ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform , 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 reduce by one-half of one percent the discretionary budget authority of any Federal agency for a fiscal year if the financial statement of the agency for the previous fiscal year does not receive a qualified or unqualified audit opinion by an external independent auditor, and for other purposes.
1. Short title This Act may be cited as the Audit the Pentagon Act of 2014 . 2. Purposes The purposes of this Act are as follows: (1) To strengthen American national security by ensuring that— (A) military planning, operations, weapons development, and a long-term national security strategy are connected to sound financial controls; and (B) defense dollars are spent efficiently. (2) To instill a culture of accountability at the Department of Defense that supports the vast majority of dedicated members of the Armed Forces and civilians who want to ensure proper accounting and prevent waste, fraud, and abuse. 3. Findings Congress finds the following: (1) The 2013 Financial Report of the United States Government found that, of major agencies, only the Department of Defense had a disclaimer because it lacked any auditable reporting or accounting available for independent review. In the Financial Report, the Treasury Department summarized: Since the passage of the CFO Act of 1990, the federal financial community has made important strides in instilling strong accounting and financial reporting practices. This year, 23 of the 24 CFO Act agencies obtained an opinion from the independent auditors on their financial statements. Out of the 24 major CFO Act agencies, there were 22 clean opinions, 1 qualified opinion, and only one remaining disclaimer in FY 2013. … However, weaknesses in basic financial management practices and other limitations continue to prevent one major agency, and the Government as a whole, from achieving an audit opinion. . (2) The financial management of the Department of Defense has been on the High-Risk list of the Government Accountability Office (GAO). The GAO found that the Department is not consistently able to control costs; ensure basic accountability; anticipate future costs and claims on the budget; measure performance; maintain funds control; and prevent and detect fraud, waste, and abuse . (3) At a September 2010 hearing of the Senate, the Government Accountability Office stated that past expenditures by the Department of Defense of $5,800,000,000 to improve financial information, and billions of dollars more of anticipated expenditures on new information technology systems for that purpose, may not suffice to achieve full audit readiness of the financial statement of the Department. (4) Section 9 of article 1 of the Constitution of the United States requires all agencies of the Federal Government, including the Department of Defense, to publish a regular statement and account of the receipts and expenditures of all public money . (5) Section 303(d) of the Chief Financial Officers Act of 1990 ( Public Law 101–576 ) required that financial statements be prepared and independently audited for the Department of the Army by March 31, 1992, and for the Department of the Air Force by March 31, 1993. Neither the Department of the Army nor the Department of the Air Force has complied. (6) Section 3515 of title 31, United States Code, requires the agencies of the Federal Government, including the Department of Defense, to present auditable financial statements beginning not later than March 1, 1997. The Department has not complied with this law. (7) The Federal Financial Management Improvement Act of 1996 ( 31 U.S.C. 3512 note) requires financial systems acquired by the Federal Government, including the Department of Defense, to be able to provide information to leaders to manage and control the cost of government. The Department has not complied with this law. (8) In 2005, the Department of Defense created a Financial Improvement and Audit Readiness (FIAR) Plan, overseen by a directorate within the office of the Under Secretary of Defense (Comptroller), to improve Department business processes with the goal of producing timely, reliable, and accurate financial information that could generate an audit-ready annual financial statement. In December 2005, that directorate, known as the FIAR Directorate, issued the first of a series of semiannual reports on the status of the Financial Improvement and Audit Readiness Plan. (9) Secretary of Defense Robert M. Gates said in a speech on May 24, 2011: The current apparatus for managing people and money across the DoD enterprise is woefully inadequate. The agencies, field activities, joint headquarters, and support staff functions of the department operate as a semi-feudal system—an amalgam of fiefdoms without centralized mechanisms to allocate resources, track expenditures, and measure results relative to the department’s overall priorities. . (10) The accounting problems of the Department of Defense result in widespread errors in pay that can be difficult to correct. Such payroll errors can impose hardship on members of the Armed Forces and their families. 4. Spending reductions for agencies without clean audits (a) Applicability (1) In general Subject to paragraph (2), this section applies to each Federal agency identified by the Director of the Office of Management and Budget as required to have an audited financial statement under section 3515 of title 31, United States Code. (2) Applicability to military departments and defense agencies For purposes of paragraph (1), in the case of the Department of Defense, each military department and each Defense Agency shall be treated as a separate Federal agency. (b) Definitions In this section, the terms financial statement and external independent auditor have the same meanings as those terms have under section 3521(e) of title 31, United States Code. (c) Adjustments for Financial Accountability (1) On March 2 of fiscal year 2015 and each subsequent fiscal year, the discretionary budget authority available for each Federal agency for such fiscal year is adjusted as provided in paragraph (2). (2) If a Federal agency has not submitted a financial statement for the previous fiscal year, or if such financial statement has not received either an unqualified or a qualified audit opinion by an independent external auditor, the discretionary budget authority available for the Federal agency is reduced by .5 percent, with the reduction applied proportionately to each account (other than an account listed in subsection (d) or an account for which a waiver is made under subsection (e)). (3) Consistent with applicable laws, the Secretary of Defense may make any reduction under paragraph (2) in a manner that minimizes any effect on national security. (4) An amount equal to the total amount of any reduction under paragraph (2) shall be retained in the general fund of the Treasury for the purposes of deficit reduction. (d) Accounts excluded The following accounts are excluded from any reductions referred to in subsection (c)(2): (1) Military personnel, reserve personnel, and National Guard personnel accounts of the Department of Defense. (2) The Defense Health Program account of the Department of Defense. (e) Waiver The President may waive subsection (c)(2) with respect to an account if the President certifies that applying the subsection to that account would harm national security or members of the Armed Forces who are in combat. (f) Report Not later than 60 days after an adjustment under subsection (c), the Director of the Office of Management and Budget shall submit to Congress a report describing the amount and account of each adjustment. 5. Report on Department of Defense reporting requirements Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense (Comptroller) shall submit to Congress a report setting forth a list of each report of the Department required by law to be submitted to Congress which, in the opinion of the Under Secretary, interferes with the capacity of the Department to achieve an audit of the financial statements of the Department with an unqualified opinion. 6. Sense of Congress It is the sense of Congress that— (1) as the overall defense budget is cut, congressional defense committees and the Department of Defense should not endanger the Nation’s troops by reducing wounded warrior accounts or vital protection (such as body armor) for members of the Armed Forces in harm’s way; (2) the valuation of legacy assets by the Department of Defense should be simplified without compromising essential controls or generally accepted government auditing standards; and (3) nothing in this Act should be construed to require or permit the declassification of accounting details about classified defense programs, and, as required by law, the Department of Defense should ensure financial accountability in such programs using proven practices, including using auditors with security clearances.
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113-hr-5127
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I 113th CONGRESS 2d Session H. R. 5127 IN THE HOUSE OF REPRESENTATIVES July 16, 2014 Mr. Takano introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To allow funds under title II of the Elementary and Secondary Education Act of 1965 to be used to provide training to school personnel regarding how to recognize child sexual abuse.
1. Short title This Act may be cited as the Helping Schools Protect Our Children Act of 2014 . 2. Authorization of appropriations Section 2103(a) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6603(a) ) is amended by striking 2002 and inserting 2015 . 3. Training teachers to recognize child sexual abuse (a) State activities Section 2113(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6613(c) ) is amended by adding at the end the following: (19) Providing training for all school personnel, including teachers, principals, and pupil services personnel, regarding how to recognize child sexual abuse. . (b) Local educational agency activities Section 2123(a) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6623(a) ) is amended by inserting after paragraph (8) the following: (9) Providing training for all school personnel, including teachers, principals, and pupil services personnel, regarding how to recognize child sexual abuse. . (c) Eligible partnership activities Section 2134(a) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6634(a) ) is amended— (1) in paragraph (1)(B), by striking and after the semicolon; (2) in paragraph (2)(C), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (3) providing training for school personnel, including teachers, principals, and pupil services personnel, regarding how to recognize child sexual abuse. .
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113-hr-5128
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I 113th CONGRESS 2d Session H. R. 5128 IN THE HOUSE OF REPRESENTATIVES July 16, 2014 Mr. Tierney (for himself, Mr. Cicilline , Ms. Esty , Mr. Gibson , Mr. Hanna , Mr. Lowenthal , Mr. McGovern , and Ms. Schakowsky ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To establish in the Bureau of Democracy, Human Rights, and Labor of the Department of State a Special Envoy for the Human Rights of LGBT Peoples.
1. Short title This Act may be cited as the International Human Rights Defense Act of 2014 . 2. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. (2) Gender identity The term gender identity means the gender-related identity, appearance, or mannerisms or other gender-related characteristics of an individual, with or without regard to the individual’s designated sex at birth. (3) LGBT The term LGBT means lesbian, gay, bisexual, or transgender. (4) Sexual orientation The term sexual orientation means homosexuality, heterosexuality, or bisexuality. 3. Findings Congress makes the following findings: (1) Eighty-two countries prohibit the public support of the LGBT community, promote homophobia across society, or criminalize homosexuality. That is equal to more than 40 percent of United Nations Member States. (2) In seven countries, homosexuality is a crime that is punishable by death. (3) Around the world, LGBT people face discrimination, hatred, violence, and bigotry. (4) Violence and discrimination based on sexual orientation and gender identity are documented in the Department of State’s annual Human Rights Report to Congress. The 2013 report continues to show a clear pattern of increased human rights violations in every region of the world based on sexual orientation and gender identity. These violations include murder, rape, torture, death threats, extortion, imprisonment, as well as loss of employment, housing, access to health care, and other forms of societal stigma and discrimination. The report further documents growing LGBT-specific restrictions on basic freedoms of assembly, press, and speech in every region of the world. (5) In Jamaica and other countries, discrimination against LGBT people, including corrective rape of lesbian women, occurs all too frequently and with relative impunity. (6) In 2013, the Government of the Russian Federation and others in the region passed laws banning Homosexual Propaganda , which effectively makes it a crime to publically support LGBT equality. (7) In February 2014, the Government of Uganda adopted a law that makes aggravated homosexuality a crime punishable with life imprisonment and endangers any individual arbitrarily found to support LGBT people. Concurrently, the Government of Uganda also passed laws severely limiting the basic freedoms of speech and assembly for LGBT citizens. (8) In December 2013, the Government of Nigeria adopted a law further criminalizing homosexuality. The law also criminalizes supporting LGBT people in any way, endangering the neighbors, friends, doctors, and landlords of LGBT people. (9) The anti-homosexuality laws in Nigeria and Uganda potentially endanger all LGBT individuals in those countries. In addition, international HIV workers could be at risk since the study and treatment of at-risk populations may constitute support for LGBT people. (10) On December 6, 2011, President Barack Obama released the Presidential Memorandum—International Initiatives to Advance the Human Rights of Lesbian, Gay, Bisexual, and Transgender Persons. The memorandum directed all Federal agencies engaged abroad to ensure that United States diplomacy and foreign assistance promote and protect the human rights of LGBT persons. (11) Secretary of State John Kerry has announced that the United States Government will review United States diplomatic relationships with Nigeria and Uganda in light of passage of their recent anti-LGBT laws. On March 23, 2014, the Department of State announced that the United States Government would cut $6,400,000 in funding for the Interreligious Council of Uganda because of its support for the Anti-Homosexuality Act, halt a survey designed to minimize the spread of HIV/AIDS because of potential harm to respondents, impose short-term travel bans on Ugandan military officials, and halt some joint military exercises with the military of Uganda. (12) In December 2013, the Supreme Court of India reversed a lower court ruling and reinstated the criminalization of homosexuality in the second most populous nation on Earth. In April 2014, India’s Supreme Court recognized transgender people as a third gender, improving the legal rights of transgender people in that country. Given these two court decisions, the degree of human rights protections for LGBT persons in India is uncertain. (13) Removing institutionalized discrimination and targeted persecution against LGBT people around the world is a critical step in the promotion of human rights and global health internationally. (14) According to the Trans Murder Monitoring Project, which monitors homicides of transgender individuals, 238 transgender persons were killed between November 2012 and November 2013 worldwide. (15) According to the International Guidelines on HIV/AIDS and Human Rights, as published by the United Nations High Commissioner for Human Rights, countries should review and reform criminal laws and correctional systems to ensure that they are consistent with international human rights obligations and are not misused in the context of HIV or targeted against vulnerable groups. 4. Statement of policy It is the policy of the United States— (1) to take effective action to prevent and respond to discrimination and violence against all people on any basis internationally, including sexual orientation and gender identity, and that human rights policy include attention to hate crimes and other discrimination against LGBT people; (2) to systematically integrate and coordinate efforts to prevent and respond to discrimination and violence against LGBT people internationally into United States foreign policy; (3) to support and build local capacity in countries around the world, including of governments at all levels and nongovernmental organizations, to prevent and respond to discrimination and violence against LGBT people internationally; (4) to consult, cooperate, coordinate, and collaborate with a wide variety of nongovernmental partners with demonstrated experience in preventing and responding to discrimination and violence against LGBT people internationally, including faith-based organizations and LGBT-led organizations; (5) to employ a multisectoral approach to preventing and responding to discrimination and violence against LGBT people internationally, including activities in the economic, education, health, nutrition, legal, and judicial sectors; (6) to work at all levels, from the individual to the family, community, local, national, and international levels, to prevent and respond to discrimination and violence against LGBT people internationally; (7) to enhance training by United States personnel of professional foreign military and police forces and judicial officials to include appropriate and thorough LGBT-specific instruction on preventing and responding to discrimination and violence based on sexual orientation and gender identity; (8) to engage non-LGBT people as allies and partners, as an essential element of making sustained reductions in discrimination and violence against LGBT people; (9) to require that all Federal contractors and grant recipients in the United States Government’s international programs establish appropriate policies and take effective measures to ensure the protection and safety of their staff and workplace, including from discrimination and violence directed against LGBT people and those who provide services to them; (10) to exert sustained international leadership to prevent and respond to discrimination and violence against LGBT persons, including in bilateral and multilateral fora; (11) to fully implement and expand upon the policies outlined in the Presidential Memorandum—International Initiatives to Advance the Human Rights of Lesbian, Gay, Bisexual, and Transgender Persons; (12) to ensure that international efforts to combat HIV/AIDS take all appropriate measures to support at-risk communities, including LGBT persons, and to create enabling legal environments for these communities; (13) to work with governments and nongovernmental partners around the world to develop and implement regional strategies to decriminalize homosexuality and to counteract the prohibition of public support of the LGBT community; and (14) to ensure that those who have a well-founded fear of persecution on account of being LGBT or supporting LGBT rights have the opportunity to seek protection in the United States. 5. Special Envoy for the human rights of LGBT people (a) Establishment The Secretary of State shall establish in the Bureau of Democracy, Human Rights, and Labor (DRL) of the Department of State a Special Envoy for the Human Rights of LGBT Peoples (in this section referred to as the Special Envoy ), who shall be appointed by the President. The Special Envoy shall report directly to the Assistant Secretary for DRL. (b) Purpose In addition to the duties described in subsection (c) and those duties determined by the Secretary of State, the Special Envoy shall direct efforts of the United States Government as directed by the Secretary regarding human rights abuses against the LGBT community internationally and the advancement of human rights for LGBT people in United States foreign policy, and shall represent the United States internationally in bilateral and multilateral engagement on these matters. (c) Duties (1) In general The Special Envoy— (A) shall direct activities, policies, programs, and funding relating to the human rights of LGBT people and the advancement of LGBT equality initiatives internationally, for all bureaus and offices of the Department of State and shall lead the coordination of relevant international programs for all other Federal agencies; (B) shall represent the United States in diplomatic matters relevant to the human rights of LGBT people, including discrimination and violence against LGBT people internationally; (C) shall direct, as appropriate, United States Government resources to respond to needs for protection, integration, resettlement, and empowerment of LGBT people in United States Government policies and international programs, including to prevent and respond to discrimination and violence against LGBT people internationally; (D) shall design, support, and implement activities regarding support, education, resettlement, and empowerment of LGBT people internationally, including for the prevention and response to discrimination and violence against LGBT people internationally; (E) shall lead interagency coordination between the foreign policy priorities related to the human rights of LGBT people and the development assistance priorities of the LGBT Coordinator of the United States Agency for International Development; (F) shall conduct regular consultation with civil society organizations working to prevent and respond to discrimination and violence against LGBT people internationally; (G) shall ensure that programs, projects, and activities designed to prevent and respond to discrimination and violence against LGBT people are subject to rigorous monitoring and evaluation, and that there is a uniform set of indicators and standards for such monitoring and evaluation that is used across international programs in Federal agencies; (H) shall serve as the principal advisor to the Secretary of State regarding human rights for LGBT people internationally; and (I) is authorized to represent the United States in diplomatic and multilateral situations on matters relevant to the human rights of LGBT people, including discrimination and violence against LGBT people internationally. (2) Data repository The Bureau of Democracy, Human Rights, and Labor shall— (A) be the central repository of data on all United States programs, projects, and activities that relate to prevention and response to discrimination and violence against LGBT people; and (B) produce— (i) a full accounting of United States Government spending on such programs, projects, and activities; and (ii) evaluations of the effectiveness of implemented programs. 6. Briefings and assessments Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Special Envoy shall brief the appropriate congressional committees on the status of the human rights of LGBT people internationally, as well as the status of programs and response strategies to address LGBT discrimination and violence against LGBT people internationally, and shall submit to the appropriate congressional committees an assessment of human and financial resources necessary to fulfill the purposes and duties of this Act. 7. United States policy to prevent and respond to discrimination and violence against LGBT people globally (a) Global strategy requirement Not later than 180 days after the date of the enactment of this Act, and annually thereafter for five years, the Special Envoy shall develop or update a United States global strategy to prevent and respond to discrimination and violence against LGBT people globally. The strategy shall be transmitted to the appropriate congressional committees and, if practicable, made available to the public. (b) Initial strategy For the purposes of this section, the Presidential Memorandum—International Initiatives to Advance the Human Rights of Lesbian, Gay, Bisexual, and Transgender Persons, issued December 6, 2011, shall be deemed to fulfill the initial requirement of subsection (a). (c) Reporting In accordance with paragraph (13) of section 116(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)), as added by section 9(b), the Annual Report on Human Rights Practices shall include detailed descriptions of nations that have adopted laws or constitutions that discriminate against LGBT people. (d) Collaboration and coordination In developing the strategy under subsection (a), the Special Envoy shall consult with— (1) the heads of relevant Federal agencies; and (2) representatives of civil society, multilateral, and private sector organizations with demonstrated experience in addressing discrimination and violence against LGBT people or promoting equal rights for LGBT people internationally. 8. Implementation of the United States strategy to prevent and respond to LGBT discrimination and violence against the LGBT community globally The Secretary of State and the Administrator of the United States Agency for International Development are authorized to provide assistance to prevent and respond to discrimination and violence against LGBT people internationally, including the following activities: (1) Development and implementation of programs, such as the Global Equality Fund, that respond to human rights abuses and economic exclusion of LGBT people in the workplace and in public. (2) Development and enforcement of civil and criminal legal and judicial sanctions, protection, training, and capacity. (3) Enhancement of the health sector capacity to detect, prevent, and respond to violence against the LGBT community and to combat HIV/AIDS in the LGBT community internationally, in close coordination with the Office of the Global AIDS Coordinator. (4) Development of a leadership program for international LGBT activists that will foster collaboration and knowledge sharing across the world. 9. Monitoring the United States strategy to prevent and respond to discrimination and violence against the LGBT community globally (a) In general In each strategy submitted under section 7(a), the Special Envoy shall include an analysis of best practices for preventing and addressing discrimination and violence against LGBT people internationally, which shall include— (1) a description of successful efforts by foreign governments, multilateral institutions, nongovernmental organizations, educational organizations, and faith-based organizations in preventing and responding to discrimination and violence against LGBT people; (2) recommendations related to best practices, effective strategies, and improvements to enhance the impact of prevention and response efforts; and (3) the impact of activities funded by the strategy in preventing and reducing discrimination and violence against LGBT people internationally. (b) Information required To be included in human rights practices report Section 116(d) ( 22 U.S.C. 2151n(d) ) of the Foreign Assistance Act of 1961 is amended— (1) in paragraph (11)(C), by striking ; and and inserting a semicolon; (2) in paragraph (12)(C)(ii), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new paragraph: (13) wherever applicable, the nature and extent of discrimination and violence based on sexual orientation and gender identity. .
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113-hr-5129
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I 113th CONGRESS 2d Session H. R. 5129 IN THE HOUSE OF REPRESENTATIVES July 17, 2014 Mr. Smith of Nebraska (for himself, Mr. Fortenberry , and Mr. Terry ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To require notification of a Governor of a State if an unaccompanied alien child is placed for custody and care in the State.
1. Short title This Act may be cited as the UAC State Notification Act of 2014 . 2. Notification of State Governors Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 ) is amended by adding at the end the following: (j) Notification to States In the case of an unaccompanied alien child who is in Federal custody by reason of the child’s immigration status, the Secretary of Health and Human Services or the Secretary of Homeland Security shall notify the Governor of a State not later than 48 hours prior to the placement of the child in the care of a proposed custodian located in such State. .
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113-hr-5130
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I 113th CONGRESS 2d Session H. R. 5130 IN THE HOUSE OF REPRESENTATIVES July 17, 2014 Mr. Cartwright (for himself, Ms. Clark of Massachusetts , Mr. Clay , Mr. Clyburn , Mr. Cummings , Mr. Danny K. Davis of Illinois , Mr. Doggett , Ms. Edwards , Mr. Ellison , Mr. Fattah , Ms. Jackson Lee , Ms. Eddie Bernice Johnson of Texas , Mr. George Miller of California , Ms. Pingree of Maine , Mr. Rangel , Ms. Tsongas , Ms. Michelle Lujan Grisham of New Mexico , and Mr. Cohen ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Truth in Lending Act to establish a national usury rate for consumer credit transactions.
1. Short title This Act may be cited as the Protecting Consumers from Unreasonable Credit Rates Act of 2014 . 2. Findings Congress finds that— (1) attempts have been made to prohibit usurious interest rates in America since colonial times; (2) at the Federal level, in 2006, Congress enacted a Federal 36 percent annualized usury cap for servicemembers and their families for covered credit products, as defined by the Department of Defense, which curbed payday, car title, and tax refund lending around military bases; (3) notwithstanding such attempts to curb predatory lending, high-cost lending persists in all 50 States due to loopholes in State laws, safe harbor laws for specific forms of credit, and the exportation of unregulated interest rates permitted by preemption; (4) due to the lack of a comprehensive Federal usury cap, consumers annually pay approximately $23,700,000,000 for high-cost overdraft loans, as much as $8,100,000,000 for storefront and online payday loans, and additional amounts in unreported revenues from bank direct deposit advance loans and high-cost online installment loans; (5) cash-strapped consumers pay on average 400 percent annual interest for payday loans, 300 percent annual interest for car title loans, up to 3,500 percent for bank overdraft loans, and triple-digit rates for online installment loans; (6) a national maximum interest rate that includes all forms of fees and closes all loopholes is necessary to eliminate such predatory lending; and (7) alternatives to predatory lending that encourage small dollar loans with minimal or no fees, installment payment schedules, and affordable repayment periods should be encouraged. 3. National maximum interest rate Chapter 2 of the Truth in Lending Act ( 15 U.S.C. 1631 et seq. ) is amended— (1) by adding at the end the following: 140B. Maximum rates of interest (a) In general Notwithstanding any other provision of law, no creditor may make an extension of credit to a consumer with respect to which the fee and interest rate, as defined in subsection (b), exceeds 36 percent. (b) Fee and interest rate defined (1) In general For purposes of this section, the fee and interest rate includes all charges payable, directly or indirectly, incident to, ancillary to, or as a condition of the extension of credit, including— (A) any payment compensating a creditor or prospective creditor for— (i) an extension of credit or making available a line of credit, such as fees connected with credit extension or availability such as numerical periodic rates, annual fees, cash advance fees, and membership fees; or (ii) any fees for default or breach by a borrower of a condition upon which credit was extended, such as late fees, creditor-imposed not sufficient funds fees charged when a borrower tenders payment on a debt with a check drawn on insufficient funds, overdraft fees, and over limit fees; (B) all fees which constitute a finance charge, as defined by rules of the Bureau in accordance with this title; (C) credit insurance premiums, whether optional or required; and (D) all charges and costs for ancillary products sold in connection with or incidental to the credit transaction. (2) Tolerances (A) In general With respect to a credit obligation that is payable in at least 3 fully amortizing installments over at least 90 days, the term fee and interest rate does not include— (i) application or participation fees that in total do not exceed the greater of $30 or, if there is a limit to the credit line, 5 percent of the credit limit, up to $120, if— (I) such fees are excludable from the finance charge pursuant to section 106 and regulations issued thereunder; (II) such fees cover all credit extended or renewed by the creditor for 12 months; and (III) the minimum amount of credit extended or available on a credit line is equal to $300 or more; (ii) a late fee charged as authorized by State law and by the agreement that does not exceed either $20 per late payment or $20 per month; or (iii) a creditor-imposed not sufficient funds fee charged when a borrower tenders payment on a debt with a check drawn on insufficient funds that does not exceed $15. (B) Adjustments for inflation The Bureau may adjust the amounts of the tolerances established under this paragraph for inflation over time, consistent with the primary goals of protecting consumers and ensuring that the 36 percent fee and interest rate limitation is not circumvented. (c) Calculations (1) Open end credit plans For an open end credit plan— (A) the fee and interest rate shall be calculated each month, based upon the sum of all fees and finance charges described in subsection (b) charged by the creditor during the preceding 1-year period, divided by the average daily balance; and (B) if the credit account has been open less than 1 year, the fee and interest rate shall be calculated based upon the total of all fees and finance charges described in subsection (b)(1) charged by the creditor since the plan was opened, divided by the average daily balance, and multiplied by the quotient of 12 divided by the number of full months that the credit plan has been in existence. (2) Other credit plans For purposes of this section, in calculating the fee and interest rate, the Bureau shall require the method of calculation of annual percentage rate specified in section 107(a)(1), except that the amount referred to in that section 107(a)(1) as the finance charge shall include all fees, charges, and payments described in subsection (b)(1) of this section. (3) Adjustments authorized The Bureau may make adjustments to the calculations in paragraphs (1) and (2), but the primary goals of such adjustment shall be to protect consumers and to ensure that the 36 percent fee and interest rate limitation is not circumvented. (d) Definition of creditor As used in this section, the term creditor has the same meaning as in section 702(e) of the Equal Credit Opportunity Act (15 U.S.C. 1691a(e)). (e) No exemptions permitted The exemption authority of the Bureau under section 105 shall not apply to the rates established under this section or the disclosure requirements under section 127(b)(6). (f) Disclosure of fee and interest rate for credit other than open end credit plans In addition to the disclosure requirements under section 127(b)(6), the Bureau may prescribe regulations requiring disclosure of the fee and interest rate established under this section. (g) Relation to State law Nothing in this section may be construed to preempt any provision of State law that provides greater protection to consumers than is provided in this section. (h) Civil liability and enforcement In addition to remedies available to the consumer under section 130(a), any payment compensating a creditor or prospective creditor, to the extent that such payment is a transaction made in violation of this section, shall be null and void, and not enforceable by any party in any court or alternative dispute resolution forum, and the creditor or any subsequent holder of the obligation shall promptly return to the consumer any principal, interest, charges, and fees, and any security interest associated with such transaction. Notwithstanding any statute of limitations or repose, a violation of this section may be raised as a matter of defense by recoupment or setoff to an action to collect such debt or repossess related security at any time. (i) Violations Any person that violates this section, or seeks to enforce an agreement made in violation of this section, shall be subject to, for each such violation, 1 year in prison and a fine in an amount equal to the greater of— (1) 3 times the amount of the total accrued debt associated with the subject transaction; or (2) $50,000. (j) State attorneys general An action to enforce this section may be brought by the appropriate State attorney general in any United States district court or any other court of competent jurisdiction within 3 years from the date of the violation, and such attorney general may obtain injunctive relief. ; and (2) in the table of contents for such chapter, by adding after the item relating to section 140A the following new item: 140B. Maximum rates of interest. . 4. Disclosure of fee and interest rate for open end credit plans Section 127(b)(6) of the Truth in Lending Act ( 15 U.S.C. 1637(b)(6) ) is amended by striking the total finance charge expressed and all that follows through the end of the paragraph and inserting the fee and interest rate, displayed as FAIR , established under section 140B. .
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113-hr-5131
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I 113th CONGRESS 2d Session H. R. 5131 IN THE HOUSE OF REPRESENTATIVES July 17, 2014 Ms. Gabbard (for herself and Mr. Kinzinger of Illinois ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To direct the Secretary of Veterans Affairs to reimburse non-Department of Veterans Affairs medical providers for the provision of certain hospital care and medical services to veterans, and for other purposes.
1. Short title This Act may be cited as the Access to Care and Treatment Now for Veterans Act or the ACT Now for Veterans Act . 2. Reimbursement of non-Department of Veterans Affairs medical providers for the provision of certain hospital care and medical services to veterans (a) Reimbursement required The Secretary of Veterans Affairs shall reimburse any non-Department medical provider, including such a provider who has not been pre-approved by the Secretary, who furnishes covered hospital care or medical services to an eligible veteran. (b) Definitions For purposes of this section: (1) The term eligible veteran means a veteran who— (A) is enrolled in the patient enrollment system under section 1705 of title 38, United States Code, and provides a Department of Veterans Affairs identification card or proof of such enrollment; (B) is eligible to receive hospital care or medical services furnished by the Secretary of Veterans Affairs; and (C) attempts or has attempted to schedule an appointment at a Department of Veterans Affairs facility to receive such care or services but has been unable to schedule such appointment within 30 days of the date preferred by the veteran. (2) The term covered hospital care or medical services means, with respect to an eligible veteran, hospital care or medical services (as such terms are defined in section 1701 of title 38, United States Code) for which the veteran is eligible under chapter 17 of title 38, United States Code. (c) Termination The authority under this section shall terminate on— (1) in the case that, before the date that is one year after the date of the enactment of this Act, the Secretary submits to Congress certification that the Veterans Health Administration is meeting wait-time goals established by the Secretary, the date that is one year after the date of the enactment of this Act; or (2) in the case that the Secretary does not submit such certification before such date, the date that is two years after the date of the enactment of this Act. (d) Implementation The Secretary shall begin implementing this section on the date of the enactment of this Act.
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113-hr-5132
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I 113th CONGRESS 2d Session H. R. 5132 IN THE HOUSE OF REPRESENTATIVES July 17, 2014 Mr. Conyers (for himself, Mr. Johnson of Georgia , Ms. Jackson Lee , Ms. Norton , and Ms. Lofgren ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 11 of the United States Code to dispense with the requirement of providing assurance of payment for utility services under certain circumstances.
1. Short title This Act may be cited as the Preventing Termination of Utility Services in Bankruptcy Act of 2014 . 2. Amendment Section 366 of title 11, United States Code, is amended by adding at the end the following: (d) Notwithstanding any other provision of this section in a case in which the debtor is an individual, if the debtor pays in the 20-day period beginning on the date of the order for relief debts owed to a utility for service provided during such period and thereafter pays when due debts owed to such utility for service provided during the pendency of the case, then the debtor may not be required to furnish assurance of payment. .
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113-hr-5133
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I 113th CONGRESS 2d Session H. R. 5133 IN THE HOUSE OF REPRESENTATIVES July 17, 2014 Mr. Conyers (for himself, Mr. Johnson of Georgia , Ms. Jackson Lee , and Mr. Cohen ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend chapter 9 of title 11 of the United States Code to improve protections for employees and retirees in municipal bankruptcies.
1. Short title This Act may be cited as the Protecting Employees and Retirees in Municipal Bankruptcies Act of 2014 . 2. Determination of Municipality Eligibility to be a debtor Under Chapter 9 of title 11 of the United States Code (a) Requirements Section 109(c) of title 11, United States Code, is amended— (1) in paragraph (5)— (A) in subparagraph (B) by inserting (but with respect to creditors who are employees or retirees of such entity, the term good faith shall have the same meaning as such term has in the National Labor Relations Act) after creditors the first place it appears, (B) in subparagraph (C) by striking impracticable and inserting impossible , and (C) in subparagraph (D) by striking the period at the end and inserting a semicolon, and (2) by adding at the end the following: and establishes by clear and convincing evidence that it satisfies the requirements of this subsection. . (b) Repeal of limitation on authority To issue stay pending appeal The first sentence of section 921(e) of title 11, United States Code, is amended by striking ; nor and all that follows through appeal . (c) Direct immediate appeal to court of appeals Section 158(d) of title 28, United States Code, is amended by adding at the end the following: (3) The appropriate court of appeals shall have jurisdiction of an appeal of a determination made by a bankruptcy court under section 109(c) of title 11 that an entity is eligible to be a debtor under chapter 9 of title 11 and shall consider and determine such appeal on an expedited basis. Such appeal shall be a direct appeal to be reviewed and heard de novo on the merits. The doctrine of equitable mootness shall not apply to appeals under this paragraph. . 3. Protecting Employees and Retirees Section 943 of title 11, United States Code, is amended— (1) in subsection (b)— (A) in paragraph (6) by striking and at the end, (B) by redesignating paragraph (7) as paragraph (8), and (C) by inserting after paragraph (6) the following: (7) in a case in which the plan modifies a collective bargaining agreement, or modifies a retiree benefit, including an accrued pension, retiree health, or other retirement benefit otherwise protected by State or municipal law, or a retiree benefit as defined in section 1114(a), in any manner otherwise prohibited by nonbankruptcy law, the authorized representative of the employees covered by such agreement, or the authorized representative of individuals receiving the retiree benefits, as the case may be, agrees to the plan; and , and (2) by adding at the end the following: (c) (1) For purposes of this section, and except as provided in paragraphs (2) and (3), the authorized representative of those individuals receiving any retiree benefit covered by any collective bargaining agreement shall be the labor organization that is signatory to such agreement unless such organization no longer represents active employees in the bargaining unit the retirees belonged to when they were active employees. In such case, the labor organization that currently represents active employees in that bargaining unit shall be the authorized representative of such individuals. (2) Paragraph (1) shall not apply if— (A) such labor organization elects not to serve as the authorized representative of such individuals; or (B) the court, upon a motion by a party in interest, after notice and hearing, determines that different representation of such individuals is appropriate. (3) In a case in which the labor organization referred to in paragraph (2) elects not to serve as the authorized representative of those individuals receiving any retiree benefits covered by any collective bargaining agreement to which that labor organization is signatory, or in a case where the court, pursuant to paragraph (2) finds different representation of such individuals appropriate, the court, upon a motion by a party in interest, and after notice and a hearing, shall order the United States trustee to appoint a committee of retired employees if the debtor seeks to modify or not pay the retiree benefits or if the court otherwise determines that it is appropriate, from among such individuals, to serve as the authorized representative of such individuals under this section. The party requesting such relief has the burden of proof. (d) For retired employees not covered by a collective bargaining agreement, the court, upon a motion by a party in interest, and after notice and a hearing, shall issue an order requiring the United States trustee to appoint a committee of retired employees if the debtor seeks to modify or not pay the retiree benefits, or if the court otherwise determines that it is appropriate, to serve as the authorized representative under this section of such employees. Such party has the burden of proof with respect to such motion. (e) To comply with an order issued under subsection (c)(3) or (d), notwithstanding any other provision of this chapter, the United States trustee shall appoint, on a proportional basis per capita based on organization membership, individuals chosen from among members of organizations that represent the retirees with respect to whom such order is entered. (f) Members of a committee appointed under subsection (c)(3) or (d) may not recommend modification of any right to a retiree benefit unless not less than 2/3 of such members vote in support of such recommendation. .
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113-hr-5134
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I 113th CONGRESS 2d Session H. R. 5134 IN THE HOUSE OF REPRESENTATIVES AN ACT To extend the National Advisory Committee on Institutional Quality and Integrity and the Advisory Committee on Student Financial Assistance for one year.
1. Extension of National Advisory Committee on Institutional Quality and Integrity Section 114(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1011c(f) ) is amended by striking 2014 and inserting 2015 . 2. Extension of Advisory Committee on Student Financial Assistance Section 491(k) of the Higher Education Act of 1965 ( 20 U.S.C. 1098(k) ) is amended by striking 2014 and inserting 2015 .
Passed the House of Representatives July 23, 2014. Karen L. Haas, Clerk.
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113-hr-5135
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I 113th CONGRESS 2d Session H. R. 5135 IN THE HOUSE OF REPRESENTATIVES AN ACT To direct the Interagency Task Force to Monitor and Combat Trafficking to identify strategies to prevent children from becoming victims of trafficking and review trafficking prevention efforts, to protect and assist in the recovery of victims of trafficking, and for other purposes.
1. Short title This Act may be cited as the Human Trafficking Prevention, Intervention, and Recovery Act of 2014 . 2. Interagency task force report on child trafficking primary prevention (a) Review The Interagency Task Force to Monitor and Combat Trafficking, established under section 105 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7103 ), shall conduct a review that, with regard to trafficking in persons in the United States— (1) in consultation with nongovernmental organizations that the Task Force determines appropriate, surveys and catalogues the activities of the Federal Government and State governments to deter individuals from committing trafficking offenses and to prevent children from becoming victims of trafficking; (2) surveys academic literature on deterring individuals from committing trafficking offenses, preventing children from becoming victims of trafficking, the commercial sexual exploitation of children, and other similar topics that the Task Force determines appropriate; (3) identifies best practices and effective strategies to deter individuals from committing trafficking offenses and to prevent children from becoming victims of trafficking; and (4) identifies current gaps in research and data that would be helpful in formulating effective strategies to deter individuals from committing trafficking offenses and to prevent children from becoming victims of trafficking. (b) Report Not later than one year after the date of the enactment of this Act, the Interagency Task Force to Monitor and Combat Trafficking shall provide to Congress, and make publicly available in electronic format, a report on the review conducted pursuant to subparagraph (a). 3. GAO Report on intervention On the date that is one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report, which shall include— (1) information on the efforts of Federal and select State law enforcement agencies to combat human trafficking in the United States; and (2) information on each Federal grant program, a purpose of which is to combat human trafficking or assist victims of trafficking, as specified in an authorizing statute or in a guidance document issued by the agency carrying out the grant program. 4. Provision of housing permitted to protect and assist in the recovery of victims of trafficking Section 107(b)(2)(A) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7105(b)(2)(A) ) is amended by inserting before the period at the end the following: , including programs that provide housing to victims of trafficking . 5. Victim of trafficking defined In this Act, the term and victim of trafficking has the meaning given such term in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 ).
Passed the House of Representatives July 23, 2014. Karen L. Haas, Clerk.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5135eh/xml/BILLS-113hr5135eh.xml
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113-hr-5136
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I 113th CONGRESS 2d Session H. R. 5136 IN THE HOUSE OF REPRESENTATIVES July 17, 2014 Ms. Fudge (for herself, Mr. Ryan of Ohio , Mr. Cummings , Ms. Lee of California , Ms. Norton , Mr. Richmond , Mr. Hastings of Florida , and Ms. Clarke of New York ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To direct the Secretary of Health and Human Services to establish a demonstration project under the Medicaid program under title XIX of the Social Security Act under which payment may be made to States for expenditures for medical assistance with respect to substance use disorder treatment services, and for other purposes.
1. Short title This Act may be cited as the Breaking Addiction Act of 2014 . 2. Medicaid community-based inpatient substance use disorder treatment demonstration project (a) Authority The Secretary of Health and Human Services shall establish a 5-year demonstration project (in this section referred to as the demonstration project ) under which payment may be made to each participating State (as described in subsection (b)), for any medical assistance provided with respect to a qualified individual in a community-based institution for mental diseases who is being treated in such institution for a substance use condition. (b) Participating States (1) Eligibility A State is eligible to participate in the demonstration project under this section if the State plan of the State provides for payment under the plan for community-based inpatient substance use disorder treatment services furnished to qualified individuals. (2) Application A State seeking to participate in the demonstration project under this section shall submit to the Secretary an application, at such time, in such form, and that contains such information, provisions, and assurances, as the Secretary may require. (3) Selection The Secretary shall select, on a competitive basis, from among the States that submit an application under paragraph (1) to the satisfaction of the Secretary, the States that will be participating in the demonstration project. In selecting such participating States, the Secretary shall seek to achieve an equitable geographic distribution. (c) Waiver authority (1) In general The Secretary shall waive the limitation on payment for care and services imposed by the subdivision (B) that follows paragraph (29) of section 1905(a) of the Social Security Act ( 42 U.S.C. 1396d(a) ) (relating to a limitation on payments for care or services for any individual who is under 65 years of age and who is a patient in an institution for mental diseases) with respect to payment for the medical assistance described in subsection (a). (2) Limited other waiver authority The Secretary may waive other requirements of titles XI and XIX of the Social Security Act (including the requirements of sections 1902(a)(1) (relating to statewideness) ( 42 U.S.C. 1396a(a)(1) ) and 1902(a)(10)(B) (relating to comparability) ( 42 U.S.C. 1396a(a)(10)(B) ) of such Act) only to the extent necessary to carry out the demonstration project under this section. (d) Evaluation and report to congress (1) Evaluation The Secretary shall conduct an evaluation of the impact the demonstration project carried out under this section has on the functioning of the health and substance use disorder system and individuals enrolled in State plans under the Medicaid program under title XIX of the Social Security Act. The evaluation shall include each of the following: (A) An assessment of the access such individuals have to substance use disorder treatment services under the demonstration project carried out under this section, and with respect to such services, the average lengths of inpatient stays and emergency room visits. (B) An assessment of the discharge planning by the health care providers furnishing such services. (C) An assessment of the impact of the demonstration project on the costs of the full range of health care items and services, including inpatient, emergency and ambulatory care, diversions from inpatient and emergency care, and readmissions to institutions for mental diseases. (D) An analysis of the percentage of individuals enrolled in such plans who are admitted to community-based institutions for mental diseases as a result of the demonstration project as compared to those admitted to such institutions through other means. (2) Report Not later than December 31, 2020, the Secretary shall submit to Congress and make available to the public a report that contains— (A) the findings of the evaluation under paragraph (1); and (B) the recommendations of the Secretary regarding whether— (i) the limitation referred to in subsection (c)(1) is a barrier to care that needs to be reviewed by Congress; and (ii) the demonstration project carried out under this section should be continued after December 31, 2020, and expanded on a national basis. (e) Funding (1) Appropriation Out of any funds in the Treasury not otherwise appropriated, there is appropriated to carry out this section, $300,000,000 for fiscal year 2015. (2) 10-year availability Funds appropriated under paragraph (1) shall remain available for obligation through December 31, 2024. (3) Funds allocated to States Funds shall be allocated to participating States on the basis of criteria, including a State’s application and the availability of funds, as determined by the Secretary. (4) Payment to States For each calendar quarter beginning on or after October 1, 2014, the Secretary shall pay to each participating State, from the allocation made to the State under paragraph (3), an amount equal to the Federal medical assistance percentage of the amount expended during such quarter for the medical assistance described in subsection (a). (5) Limitation on payments In no case may— (A) the aggregate amount of payments made by the Secretary to participating States under this section exceed $300,000,000; or (B) payments be made by the Secretary to participating States under this section after December 31, 2024. (f) Definitions In this section: (1) Federal medical assistance percentage The term Federal medical assistance percentage has the meaning given such term in section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)). (2) Institution for mental diseases The term institution for mental diseases has the meaning given such term in section 1905(i) of the Social Security Act (42 U.S.C. 1396d(i)). (3) Medical assistance The term medical assistance has the meaning given such term in section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)). (4) Qualified individual The term qualified individual means an individual who, because of the individual’s substance use condition, requires substance use disorder treatment and who— (A) is over 21 years of age and under 65 years of age; and (B) is eligible for medical assistance under the State plan under the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ). (5) State The term State has the meaning given such term for purposes of title XIX of the Social Security Act (42 U.S.C. 1396 et seq.).
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113-hr-5137
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I 113th CONGRESS 2d Session H. R. 5137 IN THE HOUSE OF REPRESENTATIVES July 17, 2014 Mr. Chaffetz (for himself, Mr. Goodlatte , Mr. Smith of Texas , Mr. Chabot , and Mr. Farenthold ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committees on Foreign Affairs , Agriculture , Natural Resources , and 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 modify the treatment of unaccompanied alien children who are in Federal custody by reason of their immigration status, and for other purposes.
1. Short title This Act may be cited as the Asylum Reform and Border Protection Act of 2014 . 2. Safe removal of minors (a) Country agreements Section 235(a)(2) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(a)(2) ) is amended to read as follows: (2) Country agreements The Secretary of State shall negotiate agreements between the United States and other countries with respect to the repatriation of children. Such agreements shall be designed to protect children from severe forms of trafficking in persons, and shall, at a minimum, provide that— (A) no child shall be returned to the child's country of nationality or of last habitual residence unless returned to appropriate employees or officials, including child welfare officials where available, of the accepting country's government; (B) no child shall be returned to the child's country of nationality or of last habitual residence outside of reasonable business hours; and (C) border personnel of the countries that are parties to such agreements are trained in the terms of such agreements. . (b) Repeals Section 235(a) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(a) ) is amended— (1) by striking paragraphs (3) and (4); (2) by striking paragraph (5)(D); and (3) by redesignating paragraph (5) as paragraph (3). (c) Screening of applicants for admission Section 235(b)(1)(A)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(1)(A)(i) ) is amended by striking (other than an alien described in subparagraph (F)) and inserting (including a child, whether or not the child is an unaccompanied alien child (as defined in section 462(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g) )), but not including an alien described in subparagraph (F)) . 3. Clarification of intent regarding taxpayer-provided counsel Section 292 of the Immigration and Nationality Act ( 8 U.S.C. 1362 ) is amended— (1) by striking (at no expense to the Government) ; and (2) by adding at the end the following: Notwithstanding any other provision of law, in no instance shall the Government bear any expense for counsel for any person in removal proceedings or in any appeal proceedings before the Attorney General from any such removal proceedings. . 4. Special immigrant juvenile visas Section 101(a)(27)(J)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27)(J)(i) ) is amended by striking and whose reunification with 1 or both of the immigrant's parents is not viable due and inserting and who cannot be reunified with either of the immigrant’s parents due . 5. Credible fear interviews Section 235(b)(1)(B)(v) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(1)(B)(v) ) is amended by striking 208. and inserting 208, and it is more probable than not that the statements made by the alien in support of the alien’s claim are true. . 6. Recording expedited removal and credible fear interviews (a) In general The Secretary of Homeland Security shall establish quality assurance procedures and take steps to effectively ensure that questions by employees of the Department of Homeland Security exercising expedited removal authority under section 235(b) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b) ) are asked in a uniform manner, and that both these questions and the answers provided in response to them are recorded in a uniform fashion. (b) Factors relating to sworn statements Where practicable, any sworn or signed written statement taken of an alien as part of the record of a proceeding under section 235(b)(1)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(1)(A) ) shall be accompanied by a recording of the interview which served as the basis for that sworn statement. (c) Interpreters The Secretary shall ensure that a competent interpreter, not affiliated with the government of the country from which the alien may claim asylum, is used when the interviewing officer does not speak a language understood by the alien and there is no other Federal, State, or local government employee available who is able to interpret effectively, accurately, and impartially. (d) Recordings in immigration proceedings Recordings of interviews of aliens subject to expedited removal shall be included in the record of proceeding and shall be considered as evidence in any further proceedings involving the alien. (e) No private right of action Nothing in this section shall be construed to create any right, benefit, trust, or responsibility, whether substantive or procedural, enforceable in law or equity by a party against the United States, its departments, agencies, instrumentalities, entities, officers, employees, or agents, or any person, nor does this section create any right of review in any administrative, judicial, or other proceeding. 7. Parole reform (a) In general Paragraph (5) of section 212(d) ( 8 U.S.C. 1182(d) ) is amended to read as follows: (5) Humanitarian and public interest parole (A) In general Subject to the provisions of this paragraph and section 214(f)(2), the Secretary of Homeland Security, in the sole discretion of the Secretary of Homeland Security, may on a case-by-case basis parole an alien into the United States temporarily, under such conditions as the Secretary of Homeland Security may prescribe, only— (i) for an urgent humanitarian reason (as described under subparagraph (B)); or (ii) for a reason deemed strictly in the public interest (as described under subparagraph (C)). (B) Humanitarian parole The Secretary of Homeland Security may parole an alien based on an urgent humanitarian reason described in this subparagraph only if— (i) the alien has a medical emergency and the alien cannot obtain necessary treatment in the foreign state in which the alien is residing or the medical emergency is life-threatening and there is insufficient time for the alien to be admitted through the normal visa process; (ii) the alien is needed in the United States in order to donate an organ or other tissue for transplant into a close family member; or (iii) the alien has a close family member in the United States whose death is imminent and the alien could not arrive in the United States in time to see such family member alive if the alien were to be admitted through the normal visa process. (C) Public interest parole The Secretary of Homeland Security may parole an alien based on a reason deemed strictly in the public interest described in this subparagraph only if the alien has assisted the United States Government in a matter, such as a criminal investigation, espionage, or other similar law enforcement activity, and either the alien’s presence in the United States is required by the Government or the alien’s life would be threatened if the alien were not permitted to come to the United States. (D) Limitation on the use of parole authority The Secretary of Homeland Security may not use the parole authority under this paragraph to permit to come to the United States aliens who have applied for and have been found to be ineligible for refugee status or any alien to whom the provisions of this paragraph do not apply. (E) Parole not an admission Parole of an alien under this paragraph shall not be considered an admission of the alien into the United States. When the purposes of the parole of an alien have been served, as determined by the Secretary of Homeland Security, the alien shall immediately return or be returned to the custody from which the alien was paroled and the alien shall be considered for admission to the United States on the same basis as other similarly situated applicants for admission. (F) Report to Congress Not later than 90 days after the end of each fiscal year, the Secretary of Homeland Security shall submit a report to the Committees on the Judiciary of the House of Representatives and the Senate describing the number and categories of aliens paroled into the United States under this paragraph. Each such report shall contain information and data concerning the number and categories of aliens paroled, the duration of parole, and the current status of aliens paroled during the preceding fiscal year. . (b) Effective date The amendment made by subsection (a) shall take effect on the first day of the first month beginning more than 60 days after the date of the enactment of this Act. 8. Report to Congress on parole procedures and standardization of parole procedures (a) In general The Attorney General and the Secretary of Homeland Security shall jointly conduct a review, and report to the Judiciary Committees of the House of Representatives and the Senate, not later than 180 days after the date of the enactment of this Act, and annually thereafter, regarding the effectiveness of parole and custody determination procedures applicable to aliens who have established a credible fear of persecution and are awaiting a final determination regarding their asylum claim by the immigration courts. The report shall include the following: (1) An analysis of the rate at which release from detention (including release on parole) is granted to aliens who have established a credible fear of persecution and are awaiting a final determination regarding their asylum claim by the immigration courts throughout the United States, and any disparity that exists between locations or geographical areas, including explanation of the reasons for this disparity and what actions are being taken to have consistent and uniform application of the standards for granting parole. (2) An analysis of the effect of the procedures and policies applied with respect to parole and custody determinations both by the Attorney General and the Secretary on the alien’s pursuit of their asylum claim before an immigration court. (3) An analysis of the effectiveness of the procedures and policies applied with respect to parole and custody determinations both by the Attorney General and the Secretary in securing the alien’s presence at the immigration court proceedings. (b) Recommendations The report should include recommendations with respect to whether the existing parole and custody determination procedures applicable to aliens who have established a credible fear of persecution and are awaiting a final determination regarding their asylum claim by the immigration courts both respect the interests of aliens and ensure the presence of the aliens at the immigration court proceedings. The report should include an assessment on corresponding failure to appear rates, inabsentia orders, and absconders. 9. Grounds of inadmissibility and deportability for alien gang members (a) Definition of gang member Section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ) is amended by adding at the end the following: (53) (A) The term criminal gang means an ongoing group, club, organization, or association of 5 or more persons that has as one of its primary purposes the commission of 1 or more of the following criminal offenses and the members of which engage, or have engaged within the past 5 years, in a continuing series of such offenses, or that has been designated as a criminal gang by the Secretary of Homeland Security, in consultation with the Attorney General, as meeting these criteria. The offenses described, whether in violation of Federal or State law or foreign law and regardless of whether the offenses occurred before, on, or after the date of the enactment of this paragraph, are the following: (i) A felony drug offense (as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 )). (ii) An offense under section 274 (relating to bringing in and harboring certain aliens), section 277 (relating to aiding or assisting certain aliens to enter the United States), or section 278 (relating to importation of alien for immoral purpose). (iii) A crime of violence (as defined in section 16 of title 18, United States Code). (iv) A crime involving obstruction of justice, tampering with or retaliating against a witness, victim, or informant, or burglary. (v) Any conduct punishable under sections 1028 and 1029 of title 18, United States Code (relating to fraud and related activity in connection with identification documents or access devices), sections 1581 through 1594 of such title (relating to peonage, slavery and trafficking in persons), section 1952 of such title (relating to interstate and foreign travel or transportation in aid of racketeering enterprises), section 1956 of such title (relating to the laundering of monetary instruments), section 1957 of such title (relating to engaging in monetary transactions in property derived from specified unlawful activity), or sections 2312 through 2315 of such title (relating to interstate transportation of stolen motor vehicles or stolen property). (vi) A conspiracy to commit an offense described in clauses (i) through (v). (B) Notwithstanding any other provision of law (including any effective date), the term applies regardless of whether the conduct occurred before, on, or after the date of the enactment of this paragraph. . (b) Inadmissibility Section 212(a)(2) of such Act ( 8 U.S.C. 1182(a)(2) ) is amended by adding at the end the following: (J) Aliens associated with criminal gangs Any alien is inadmissible who a consular officer, the Secretary of Homeland Security, or the Attorney General knows or has reason to believe— (i) to be or to have been a member of a criminal gang (as defined in section 101(a)(53)); or (ii) to have participated in the activities of a criminal gang (as defined in section 101(a)(53)), knowing or having reason to know that such activities will promote, further, aid, or support the illegal activity of the criminal gang. . (c) Deportability Section 237(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1227(a)(2) ) is amended by adding at the end the following: (G) Aliens associated with criminal gangs Any alien is deportable who the Secretary of Homeland Security or the Attorney General knows or has reason to believe— (i) is or has been a member of a criminal gang (as defined in section 101(a)(53)); or (ii) has participated in the activities of a criminal gang (as so defined), knowing or having reason to know that such activities will promote, further, aid, or support the illegal activity of the criminal gang. . (d) Designation (1) In general Chapter 2 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1181 et seq. ) is amended by inserting after section 219 the following: 220. Designation (a) In general The Secretary of Homeland Security, in consultation with the Attorney General, and the Secretary of State may designate a group or association as a criminal street gang if their conduct is described in section 101(a)(53) or if the group or association conduct poses a significant risk that threatens the security and the public safety of United States nationals or the national security, homeland security, foreign policy, or economy of the United States. (b) Effective date Designations under subsection (a) shall remain in effect until the designation is revoked after consultation between the Secretary of Homeland Security, the Attorney General, and the Secretary of State or is terminated in accordance with Federal law. . (2) Clerical amendment The table of contents for such Act is amended by inserting after the item relating to section 219 the following: 220. Designation. . (e) Mandatory detention of criminal street gang members (1) In general Section 236(c)(1)(D) of the Immigration and Nationality Act ( 8 U.S.C. 1226(c)(1)(D) ) is amended— (A) by inserting or 212(a)(2)(J) after 212(a)(3)(B) ; and (B) by inserting 237(a)(2)(G) or before 237(a)(4)(B) . (2) Annual report Not later than March 1 of each year (beginning 1 year after the date of the enactment of this Act), the Secretary of Homeland Security, after consultation with the appropriate Federal agencies, shall submit a report to the Committees on the Judiciary of the House of Representatives and of the Senate on the number of aliens detained under the amendments made by paragraph (1). (f) Asylum claims based on gang affiliation (1) Inapplicability of restriction on removal to certain countries Section 241(b)(3)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1251(b)(3)(B) ) is amended, in the matter preceding clause (i), by inserting who is described in section 212(a)(2)(J)(i) or section 237(a)(2)(G)(i) or who is after to an alien . (2) Ineligibility for asylum Section 208(b)(2)(A) of such Act ( 8 U.S.C. 1158(b)(2)(A) ) is amended— (A) in clause (v), by striking or at the end; (B) by redesignating clause (vi) as clause (vii); and (C) by inserting after clause (v) the following: (vi) the alien is described in section 212(a)(2)(J)(i) or section 237(a)(2)(G)(i) (relating to participation in criminal street gangs); or . (g) Temporary protected status Section 244 of such Act ( 8 U.S.C. 1254a ) is amended— (1) by striking Attorney General each place it appears and inserting Secretary of Homeland Security ; (2) in subparagraph (c)(2)(B)— (A) in clause (i), by striking or at the end; (B) in clause (ii), by striking the period and inserting ; or ; and (C) by adding at the end the following: (iii) the alien is, or at any time after admission has been, a member of a criminal gang (as defined in section 101(a)(53)). ; and (3) in subsection (d)— (A) by striking paragraph (3); and (B) in paragraph (4), by adding at the end the following: The Secretary of Homeland Security may detain an alien provided temporary protected status under this section whenever appropriate under any other provision of law. . (h) Special immigrant juvenile visas Section 101(a)(27)(J)(iii) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27)(J)(iii) ) is amended— (1) in subclause (I), by striking and ; (2) in subclause (II), by inserting and at the end; and (3) by adding at the end the following: (III) no alien who is, or was at any time after admission has been, a member of a criminal gang (as defined in section 101(a)(53)) shall be eligible for any immigration benefit under this subparagraph; . (i) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to acts that occur before, on, or after the date of the enactment of this Act. 10. Unaccompanied alien child defined Section 462(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g)(2) ) is amended to read as follows: (2) The term unaccompanied alien child — (A) means an alien who— (i) has no lawful immigration status in the United States; (ii) has not attained 18 years of age; and (iii) with respect to whom— (I) there is no parent or legal guardian in the United States; (II) no parent or legal guardian in the United States is available to provide care and physical custody; or (III) no sibling over 18 years of age, aunt, uncle, grandparent, or cousin over 18 years of age is available to provide care and physical custody; except that (B) such term shall cease to include an alien if at any time a parent, legal guardian, sibling over 18 years of age, aunt, uncle, grandparent, or cousin over 18 years of age of the alien is found in the United States and is available to provide care and physical custody (and the Secretary of Homeland Security and the Secretary of Health and Human Services shall revoke accordingly any prior designation of the alien under this paragraph). . 11. Modifications to preferential availability for asylum for unaccompanied alien minors Section 208 of the Immigration and Nationality Act ( 8 U.S.C. 1158 ) is amended— (1) by striking subsection (a)(2)(E); and (2) by striking subsection (b)(3)(C). 12. Notification and transfer of custody regarding unaccompanied alien minors Section 235(b) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(b) ) is amended— (1) in paragraph (2), by striking 48 hours and inserting 7 days ; and (2) in paragraph (3), by striking 72 hours and inserting 30 days . 13. Information sharing between Department of Health and Human Services and Department of Homeland Security Section 235(b) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(b) ) is amended by adding at the end the following: (5) Information sharing The Secretary of Health and Human Services shall share with the Secretary of Homeland Security any information requested on a child who has been determined to be an unaccompanied alien child and who is or has been in the custody of the Secretary of Health and Human Services, including the location of the child and any person to whom custody of the child has been transferred, for any legitimate law enforcement objective, including enforcement of the immigration laws. . 14. Safe third country Section 208(a)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1158(a)(2)(A) ) is amended— (1) by striking Attorney General and inserting Secretary of Homeland Security ; and (2) by striking removed, pursuant to a bilateral or multilateral agreement, to and inserting removed to . 15. Additional immigration judges and ICE prosecutors (a) Executive Office for Immigration Review Subject to the availability of appropriations, in each of fiscal years 2014 through 2016, the Attorney General shall increase by not less than 50 the number of positions for full-time immigration judges within the Executive Office for Immigration Review above the number of such positions for which funds were allotted for fiscal year 2013. (b) Immigration and Customs Enforcement Office of the Principal Legal Advisor Subject to the availability of appropriations, in each of fiscal years 2014 through 2016, the Secretary of Homeland Security shall increase by not less than 60 the number of positions for full-time trial attorneys within the Immigration and Customs Enforcement Office of the Principal Legal Advisor above the number of such positions for which funds were allotted for fiscal year 2013. 16. Prohibition on actions that impede border security on certain Federal land (a) Short title This section may be cited as the National Security and Federal Lands Protection Act . (b) Prohibition on Secretaries of the Interior and Agriculture The Secretary of the Interior or the Secretary of Agriculture shall not impede, prohibit, or restrict activities of U.S. Customs and Border Protection on Federal land located within 100 miles of an international land border that is under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture, to execute search and rescue operations and to prevent all unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband through the international land borders of the United States. (c) Authorized activities of U.S. Customs and Border Protection U.S. Customs and Border Protection shall have immediate access to Federal land within 100 miles of the international land border under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture for purposes of conducting the following activities on such land that prevent all unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband through the international land borders of the United States: (1) Construction and maintenance of roads. (2) Construction and maintenance of barriers. (3) Use of vehicles to patrol, apprehend, or rescue. (4) Installation, maintenance, and operation of communications and surveillance equipment and sensors. (5) Deployment of temporary tactical infrastructure. (d) Clarification relating to waiver authority (1) In general Notwithstanding any other provision of law (including any termination date relating to the waiver referred to in this subsection), the waiver by the Secretary of Homeland Security on April 1, 2008, under section 102(c)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note; Public Law 104–208 ) of the laws described in paragraph (2) with respect to certain sections of the international border between the United States and Mexico and between the United States and Canada shall be considered to apply to all Federal land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture within 100 miles of the international land borders of the United States for the activities of U.S. Customs and Border Protection described in subsection (c). (2) Description of laws waived The laws referred to in paragraph (1) are limited to the Wilderness Act ( 16 U.S.C. 1131 et seq. ), the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ), the National Historic Preservation Act ( 16 U.S.C. 470 et seq. ), Public Law 86–523 (16 U.S.C. 469 et seq.), the Act of June 8, 1906 (commonly known as the Antiquities Act of 1906 ; 16 U.S.C. 431 et seq. ), the Wild and Scenic Rivers Act ( 16 U.S.C. 1271 et seq. ), the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ), the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.), the Fish and Wildlife Act of 1956 ( 16 U.S.C. 742a et seq. ), the Fish and Wildlife Coordination Act ( 16 U.S.C. 661 et seq. ), subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act ), the National Park Service Organic Act ( 16 U.S.C. 1 et seq. ), the General Authorities Act of 1970 ( Public Law 91–383 ) ( 16 U.S.C. 1a–1 et seq. ), sections 401(7), 403, and 404 of the National Parks and Recreation Act of 1978 ( Public Law 95–625 , 92 Stat. 3467), and the Arizona Desert Wilderness Act of 1990 (16 U.S.C. 1132 note; Public Law 101–628 ). (e) Protection of legal uses This section shall not be construed to provide— (1) authority to restrict legal uses, such as grazing, hunting, mining, or public-use recreational and backcountry airstrips on land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture; or (2) any additional authority to restrict legal access to such land. (f) Effect on State and private land This Act shall— (1) have no force or effect on State or private lands; and (2) not provide authority on or access to State or private lands. (g) Tribal sovereignty Nothing in this section supersedes, replaces, negates, or diminishes treaties or other agreements between the United States and Indian tribes. 17. Minors in custody (a) Minors in Department of Health and Human Services custody Section 235(c)(2) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(c)(2) ) is amended by striking the last two sentences. (b) Minors in expedited removal proceedings Section 235(b)(1)(B)(ii) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(1)(B)(ii) ) is amended by striking asylum. and inserting asylum (or may be detained if the alien is an unaccompanied alien child (as defined in section 462(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g) ))). . 18. Foreign assistance for repatriation (a) Suspension of foreign assistance The Secretary of State shall immediately suspend all foreign assistance, including under United States Agency for International Development programs, the Central American Regional Security Initiative, or the International Narcotic Control Law Enforcement program, to any large sending country that— (1) refuses to negotiate an agreement under section 235(a)(2) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(a)(2) ), as amended by section 2 of this Act; or (2) refuses to accept from the United States repatriated unaccompanied alien children (as defined in section 462(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g) )) who are nationals or residents of the sending country. (b) Use of foreign assistance for repatriation The Secretary of State shall provide any additional foreign assistance from the United States that such Secretary determines is needed to implement an agreement under section 235(a)(2) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(a)(2) ), as amended by section 2 of this Act, or safely to repatriate or reintegrate nationals or residents of a large sending country without increasing the total quantity of foreign assistance to such country. Such country may use any earlier foreign assistance for the purpose of repatriation or implementation of any agreement under such section 235(a)(2). (c) Definition of large sending program For purposes of this section, the term large sending country means— (1) any country which was the country of nationality or last habitual residence for 1,000 or more unaccompanied alien children (as defined in section 462(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g) )) who entered the United States in a single fiscal year in any of the prior 3 fiscal years; and (2) any other country which the Secretary of Homeland Security deems appropriate. (d) Effective date This section shall take effect on the date of the enactment of this Act and shall apply with respect to any unaccompanied alien child (as defined in section 462(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g) )) apprehended on or after such date. 19. Reports (a) In general Not later than 6 months after the date of the enactment of this Act, and annually thereafter, the Secretary of State and the Secretary of Health and Human Services, with assistance from the Secretary of Homeland Security, shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on efforts to improve repatriation programs for unaccompanied alien children (as defined in section 462(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g) )). Such reports shall include the following: (1) The average time that such a child is detained after apprehension until removal. (2) The number of such children detained improperly beyond the required time periods under paragraphs (2) and (3) of section 235(b) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(b) ). (3) A statement of the funds used to effectuate the repatriation of such children, including any funds that were reallocated from foreign assistance accounts as of the date of the enactment of this Act. (b) Effective date This section shall take effect on the date of the enactment of this Act and shall apply with respect to any unaccompanied alien child (as defined in section 462(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g) )) apprehended on or after such date.
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113-hr-5138
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I 113th CONGRESS 2d Session H. R. 5138 IN THE HOUSE OF REPRESENTATIVES July 17, 2014 Mr. Olson (for himself, Mr. Sam Johnson of Texas , Mr. Poe of Texas , Mr. Williams , Mr. Burgess , Mrs. Miller of Michigan , Mr. Cotton , Mrs. Black , Mr. Walberg , and Mr. Marchant ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 to require consultation with State and local elected officials and a public hearing before awarding grants or contracts for housing facilities for unaccompanied alien children.
1. Short title This Act may be cited as the Our Communities, Our Choices Act of 2014 . 2. Requiring consultation with State and local elected officials and a public hearing before awarding grants or contracts for housing facilities for unaccompanied alien children Section 235(i) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(i) ) is amended by adding at the end the following: Before awarding any grant or contract under this subsection that provide for housing of unaccompanied alien children in a facility that is not on property of the Federal Government, the Secretary shall— (1) consult with State and local elected officials regarding the location of the facility as well as the duration of the award and the safety, security, and funding of the facility; and (2) conduct a public hearing, no earlier than 90 days after the announcement of a potential location for such facility, for which— (A) advance public notice has been provided, in mediums available for general circulation in the proposed jurisdiction, at least 10 days before the date of the hearing; and (B) a representative of the Department of Health and Human Services is in attendance in an official capacity for the purpose of receiving public comments. .
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113-hr-5139
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I 113th CONGRESS 2d Session H. R. 5139 IN THE HOUSE OF REPRESENTATIVES July 17, 2014 Mr. Clawson of Florida introduced the following bill; which was referred to the Committee on Natural Resources A BILL To correct the boundaries of the John H. Chafee Coastal Barrier Resources System Unit P16.
1. Replacement of John H. Chafee Coastal Barrier Resources System map (a) In general The map included in the set of maps entitled Coastal Barrier Resources System referred to in section 4(a) of the Coastal Barrier Resources Act ( 16 U.S.C. 3503(a) ) and relating to Unit P16 in Florida is hereby replaced by another map relating to the same unit entitled John H. Chafee Coastal Barrier Resources System Corrected Unit P16 and dated ____. (b) Availability The Secretary of the Interior shall keep the replacement map referred to in subsection (a) on file and available for inspection in accordance with section 4(b) of the Coastal Barrier Resources Act ( 16 U.S.C. 3503(b) ).
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113-hr-5140
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I 113th CONGRESS 2d Session H. R. 5140 IN THE HOUSE OF REPRESENTATIVES July 17, 2014 Ms. Bass (for herself, Mr. Rangel , Mr. Rush , Mr. McDermott , and Ms. Lee of California ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend part E of title IV of the Social Security Act to enable a State to be reimbursed for child welfare training expenditures made by a nonprofit educational institution in the State.
1. Short title This Act may be cited as the Child Welfare Workforce Partnership Act . 2. Child welfare training expenditures made by nonprofit educational institution deemed to be made by State for purposes of Federal reimbursement (a) In general Section 474 of the Social Security Act ( 42 U.S.C. 674 ) is amended by adding at the end the following: (h) Child welfare training expenditures made by nonprofit educational institution deemed To be made by State For purposes of this section, an expenditure described in subparagraph (A) or (B) of subsection (a)(3) which is made by a public or private nonprofit educational institution and which would be an allowable expenditure if made by the State claiming reimbursement with respect to the expenditure, shall be considered to have been made by the State, except to the extent that Federal funds have been paid with respect to the expenditure. . (b) Effective date The amendment made by subsection (a) shall take effect on October 1, 2014, and shall apply to claims submitted on or after that date.
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113-hr-5141
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I 113th CONGRESS 2d Session H. R. 5141 IN THE HOUSE OF REPRESENTATIVES July 17, 2014 Mr. Burgess introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To reduce the amount of foreign assistance to Mexico, Guatemala, Honduras, and El Salvador based on the number of unaccompanied alien children who are nationals or citizens of such countries and who in the preceding fiscal year are placed in Federal custody by reason of their immigration status.
1. Short title This Act may be cited as the Unaccompanied Alien Children Assistance Control Act . 2. Reduction of amount of foreign assistance to Mexico, Guatemala, Honduras, and El Salvador (a) In general The President shall reduce from amounts made available under the Foreign Assistance Act of 1961 or any other Act and allocated for a covered country for a fiscal year an amount equal to— (1) the number of unaccompanied alien children who— (A) are nationals or citizens of the covered country, and (B) in the preceding fiscal year are placed in Federal custody by reason of their immigration status, multiplied by (2) $15,000. (b) Definitions In this section— (1) the term covered country means Mexico, Guatemala, Honduras, or El Salvador; and (2) the term unaccompanied alien child has the meaning given the term in section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2)). (c) Effective date This Act takes effect on the date of the enactment of this Act and applies with respect to amounts made available under the Foreign Assistance Act of 1961 or any other Act for fiscal year 2015 and each subsequent fiscal year.
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113-hr-5142
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I 113th CONGRESS 2d Session H. R. 5142 IN THE HOUSE OF REPRESENTATIVES July 17, 2014 Mr. Butterfield (for himself, Mrs. Ellmers , Mr. Jones , Mr. Price of North Carolina , Mr. Coble , Mr. Hudson , Mr. Pittenger , Mr. Meadows , Mr. McHenry , Mr. McIntyre , and Mr. Holding ) 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 113 West Jackson Street in Rich Square, North Carolina, as the Chief Joseph E. White, Jr. Post Office Building .
1. Chief Joseph E. White, Jr. Post Office Building (a) Designation The facility of the United States Postal Service located at 113 West Jackson Street in Rich Square, North Carolina, shall be known and designated as the Chief Joseph E. White, Jr. Post Office Building . (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 Chief Joseph E. White, Jr. Post Office Building .
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113-hr-5143
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I 113th CONGRESS 2d Session H. R. 5143 IN THE HOUSE OF REPRESENTATIVES July 17, 2014 Mr. Carter (for himself, Mr. Aderholt , and Mr. Kingston ) 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 Protection of Children Act of 2014 . 2. Repatriation of unaccompanied alien children (a) In general Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 ) is amended— (1) in subsection (a)— (A) in paragraph (2)— (i) by amending the heading to read as follows: Rules for unaccompanied alien children. ; (ii) in subparagraph (A); (I) 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 ; (II) in clause (i), by inserting and at the end; (III) in clause (ii), by striking ; and and inserting a period; and (IV) by striking clause (iii); (iii) in subparagraph (B)— (I) in the matter preceding clause (i), by striking ( 8 U.S.C. 1101 et seq. ) may— and inserting ( 8 U.S.C. 1101 et seq. )— ; (II) in clause (i), by inserting before permit such child to withdraw the following: may ; and (III) in clause (ii), by inserting before return such child the following: shall ; and (iv) 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 striking The Secretary of State shall negotiate agreements between the United States and countries contiguous to the United States and inserting The Secretary of State may negotiate agreements between the United States and any foreign country that the Secretary determines appropriate ; and (B) in paragraph (5)(D)— (i) 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) ; and (ii) in clause (i), by inserting before the semicolon at the end the following: , which shall include a hearing before an immigration judge not later than 14 days after being screened under paragraph (4) ; (2) in subsection (b)— (A) in paragraph (2)— (i) in subparagraph (A), by inserting before the semicolon the following: believed not to meet the criteria listed in subsection (a)(2)(A) ; and (ii) in subparagraph (B), by inserting before the period the following: and does not meet the criteria listed in subsection (a)(2)(A) ; and (B) in paragraph (3), by striking an unaccompanied alien child in custody shall and all that follows, and inserting the following: an unaccompanied alien child in custody— (A) in the case of a child who does not meet the criteria listed in subsection (a)(2)(A), shall transfer the custody of such child to the Secretary of Health and Human Services not later than 30 days after determining that such child is an unaccompanied alien child who does not meet such criteria; or (B) in the case of child who meets the criteria listed in subsection (a)(2)(A), may transfer the custody of such child to the Secretary of Health and Human Services after determining that such child is an unaccompanied alien child who meets such criteria. ; and (3) in subsection (c)— (A) in paragraph (3), by inserting at the end the following: (D) Information about individuals with whom children are placed (i) Information to be provided to Homeland Security Before placing a child with an individual, the Secretary of Health and Human Services shall provide to the Secretary of Homeland Security, regarding the individual with whom the child will be placed, the following information: (I) The name of the individual. (II) The social security number of the individual. (III) The date of birth of the individual. (IV) The location of the individual’s residence where the child will be placed. (V) The immigration status of the individual, if known. (VI) Contact information for the individual. (ii) Special rule In the case of a child who was apprehended on or after June 15, 2012, and before the date of the enactment of the Protection of Children Act of 2014, who the Secretary of Health and Human Services placed with an individual, the Secretary shall provide the information listed in clause (i) to the Secretary of Homeland Security not later than 90 days after the date of the enactment of the Protection of Children Act of 2014. (iii) Activities of the Secretary of Homeland Security Not later than 30 days after receiving the information listed in clause (i), the Secretary of Homeland Security shall— (I) in the case that the immigration status of an individual with whom a child is placed is unknown, investigate the immigration status of that individual; and (II) upon determining that an individual with whom a child is placed is unlawfully present in the United States, initiate removal proceedings pursuant to chapter 4 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1221 et seq. ). ; and (B) in paragraph (5)— (i) by inserting after to the greatest extent practicable the following: (at no expense to the Government) ; and (ii) by striking have counsel to represent them and inserting have access to counsel to represent them . (b) Effective date The amendments made by this section shall apply to any unauthorized alien child apprehended on or after June 15, 2012. 3. Special immigrant juvenile status for immigrants unable to reunite with either parent Section 101(a)(27)(J)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27)(J)(i) ) is amended by striking 1 or both of the immigrant’s parents and inserting either of the immigrant’s parents . 4. Jurisdiction of asylum applications Section 208(b)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1158 ) is amended by striking subparagraph (C).
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113-hr-5144
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I 113th CONGRESS 2d Session H. R. 5144 IN THE HOUSE OF REPRESENTATIVES July 17, 2014 Mr. Cleaver (for himself, Mr. Cohen , Mr. Schiff , Ms. Jackson Lee , and Mr. Pocan ) introduced the following bill; which was referred to the Committee on House Administration A BILL To amend the Help America Vote Act of 2002 to require States which require individuals to present a photo identification as a condition of voting in elections for Federal office to accept a photo identification presented by a student which is issued by the school the student attends.
1. Short title This Act may be cited as the Equal Access to Support Youth Voting Act or the EASY Voting Act . 2. Requiring states to accept student identifications for purposes of meeting voter identification requirements (a) Acceptance of student identifications Title III of the Help America Vote Act of 2002 ( 42 U.S.C. 15481 et seq. ) is amended by inserting after section 303 the following new section: 303A. Requiring acceptance of student photo identification as current and valid photo identification (a) Acceptance of student identifications A State or local election official shall accept a current and valid student photo identification issued by an institution of higher education to a student attending such institution of higher education as a current and valid photo identification for purposes of section 303(b)(2) or of any State or local law which requires an individual to produce a current and valid photo identification to obtain a ballot or vote in an election for Federal office. (b) Definition In this section, the term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001), except that such term includes a proprietary institution of higher education described in section 102(b) of such Act ( 20 U.S.C. 1002(b) ). . (b) Enforcement Section 401 of such Act ( 42 U.S.C. 15511 ) is amended by striking and 303 and inserting 303, and 303A . (c) Clerical amendment The table of contents of such Act is amended by inserting after the item relating to section 303 the following new item: Sec. 303A. Requiring acceptance of student photo identification as current and valid photo identification. . (d) Effective date The amendments made by this section shall apply with respect to elections occurring on or after the date of the enactment of this Act.
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113-hr-5145
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I 113th CONGRESS 2d Session H. R. 5145 IN THE HOUSE OF REPRESENTATIVES July 17, 2014 Ms. DeLauro (for herself and Mr. Israel ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To require breast density reporting to physicians and patients by facilities that perform mammograms, and for other purposes.
1. Short title This Act may be cited as the Breast Density and Mammography Reporting Act of 2014 . 2. Findings The Congress finds as follows: (1) The National Cancer Institute estimates that 1 in 8 women in the United States will develop a cancer of the breast in their lifetime. (2) The Centers for Disease Control and Prevention reports that breast cancer is the number one cause of cancer death among Hispanic women, and the number two cause of cancer death among White, Black, Asian/Pacific Islander, and American Indian/Alaska Native women. (3) Individuals receiving mammograms are not currently required to receive medical summaries or reports from their mammogram providers which address breast density or its correlation to masking the presence of breast cancer on mammograms, despite the fact that the radiologist interpreting the mammogram makes an assessment of the patient’s breast density. 3. Breast density reporting by facilities that perform mammograms to physicians and patients (a) In general Clause (ii) of section 354(f)(1)(G) of the Public Health Service Act ( 42 U.S.C. 263b(f)(1)(G) ) is amended— (1) in each of subclauses (III) and (IV), by striking and at the end; and (2) by adding at the end the following: (V) the report under subclause (I) and the summary under subclause (IV) shall include information about breast density, as specified by the Secretary based upon— (aa) current scientific knowledge; (bb) technological advances; or (cc) other updated medical procedures where the use of such screening developments is consistent with the practice of medical experts in the field; (VI) the summary under subclause (IV) shall convey the effect of breast density in masking the presence of breast cancer on mammography, using the provider’s qualitative assessment of breast density; and (VII) the summary under subclause (IV) shall include language, developed by the Secretary in consultation with leading experts and leading cancer organizations, communicating that individuals with dense breasts should talk with their physicians about— (aa) any questions or concerns regarding the summary; and (bb) whether the individuals would benefit from additional tests. . (b) Rule of construction This section and the amendments made by this section shall not be construed to alter in any way Federal requirements relating to financial obligations of any person in connection with health insurance. 4. Enhancing research relating to breast density Title III of the Public Health Service Act is amended by inserting after section 354 of such Act ( 42 U.S.C. 263b ) the following: 354A. Enhancing research relating to breast density The Secretary shall expand and intensify the programs and activities of the Department of Health and Human Services for conducting or supporting— (1) applied research on breast density; (2) research on the cost-effectiveness, effectiveness, and feasibility of reimbursement models for supplemental imaging relating to breast density; and (3) research in support of clinical guidelines and best practices concerning use of mammograms and supplemental screening for women with dense breasts. .
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113-hr-5146
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I 113th CONGRESS 2d Session H. R. 5146 IN THE HOUSE OF REPRESENTATIVES July 17, 2014 Mr. Doyle (for himself and Mr. Murphy of Pennsylvania ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To designate the United States courthouse located at 700 Grant Street in Pittsburgh, Pennsylvania, as the Joseph F. Weis Jr. United States Courthouse .
1. Designation The United States courthouse located at 700 Grant Street in Pittsburgh, Pennsylvania, shall be known and designated as the Joseph F. Weis Jr. United States Courthouse . 2. References Any reference in a law, map, regulation, document, paper, or other record of the United States to the United States courthouse referred to in section 1 shall be deemed to be a reference to the Joseph F. Weis Jr. United States Courthouse .
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113-hr-5147
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I 113th CONGRESS 2d Session H. R. 5147 IN THE HOUSE OF REPRESENTATIVES July 17, 2014 Mrs. Kirkpatrick introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To provide certain uninsured individuals a special enrollment period after tax filing in 2015 for enrollment in qualified health plans offered through an Exchange, and for other purposes.
1. Short title This Act may be cited as the Get Your Refund, Get Your Health Care Act . 2. Special enrollment period for certain uninsured individuals after tax filing period in 2015 (a) In general The Secretary of Health and Human Services shall require that Exchanges established under title I of the Patient Protection and Affordable Care Act ( Public Law 111–148 ) provide to qualified uninsured individuals a 60-day special enrollment period that begins on April 15, 2015 (or, if earlier, on the date such individual files an income tax return applicable to the first taxable year beginning on or after January 1, 2014). (b) Qualified uninsured individual defined In this section, the term qualified uninsured individual means an individual who— (1) is eligible, but who has not elected, to enroll in a qualified health plan offered through an Exchange established under title I of the Patient Protection and Affordable Care Act ( Public Law 111–148 ) during the open enrollment period for 2015; and (2) is liable for a penalty under section 5000A of the Internal Revenue Code of 1986 with respect to any month in 2014.
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113-hr-5148
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I 113th CONGRESS 2d Session H. R. 5148 IN THE HOUSE OF REPRESENTATIVES July 17, 2014 Mr. Luetkemeyer introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Truth in Lending Act to exempt certain higher-risk mortgages from property appraisal requirements and to exempt individuals from penalties for failure to report certain appraisers, and to amend the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to exempt certain higher-risk mortgages from property appraisal requirements, and for other purposes.
1. Short title This Act may be cited as the Access to Affordable Mortgages Act of 2014 . 2. Exemption from property appraisal requirements for lower-cost dwellings Section 129H of the Truth in Lending Act ( 15 U.S.C. 1639h ) is amended by adding at the end the following new subsection: (g) Exemption for higher-Risk mortgages This section shall not apply to a higher-risk mortgage loan of $250,000 or less if such loan appears on the balance sheet of the creditor of such loan for a period of not less than 3 years. . 3. Exemption from penalties for failure to report appraisers Paragraph (1) of section 129E(k) of the Truth in Lending Act ( 15 U.S.C. 1639e(k)(1) ) is amended by inserting after this section the following: , other than subsection (e), . 4. Exemption from appraisal standard requirements for lower-cost dwellings Section 1110 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 3339) is amended— (1) by striking Each Federal financial institutions regulatory agency and inserting the following: (a) Real estate appraisals in connection with federally related transactions Each Federal financial institutions regulatory agency ; (2) by striking Each such agency or instrumentality and inserting the following: (b) Additional standards Each such agency or instrumentality described under subsection (a) ; and (3) by adding at the end the following new subsection: (c) Exception for certain higher-Risk mortgage loans Standards prescribed under this section shall not apply to a real estate appraisal or evaluation conducted in connection with a higher-risk mortgage loan (as defined in section 129H(f) of the Truth in Lending Act ( 15 U.S.C. 1639h(f) )) of $250,000 or less if such loan appears on the balance sheet of the creditor of such loan for a period of not less than 3 years. .
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113-hr-5149
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I 113th CONGRESS 2d Session H. R. 5149 IN THE HOUSE OF REPRESENTATIVES July 17, 2014 Mr. McNerney (for himself and Mr. Kinzinger of Illinois ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on Science, Space, and Technology , Natural Resources , and Transportation and Infrastructure , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for a smart water management pilot program.
1. Short title This Act may be cited as the Smart Water Management Conservation and Efficiency Act of 2014 . 2. Smart water management pilot program (a) Definitions In this section: (1) Eligible entity The term eligible entity means— (A) a utility; (B) a municipality; (C) a water district; and (D) any other authority that provides drinking water, wastewater treatment, or water reuse services. (2) Secretary The term Secretary means the Secretary of Energy. (3) Smart water management pilot program The term smart water management pilot program or pilot program means the pilot program established under subsection (b). (b) Smart water management pilot program (1) In general The Secretary shall establish and carry out a smart water management pilot program in accordance with this section. (2) Purpose The purpose of the smart water management pilot program is to award grants to eligible entities to demonstrate and deploy novel and innovative technology-based solutions that will— (A) increase the energy and water efficiency of drinking water, wastewater treatment, and water reuse systems; (B) improve drinking water, water reuse, and wastewater treatment systems to help communities across the United States make significant progress in conserving water, saving energy, and reducing costs; and (C) support the implementation of innovative processes and the installation of advanced automated systems that provide real-time data on energy and water. (3) Project selection (A) In general The Secretary shall make competitive, merit-reviewed grants under the pilot program to not less than 3, but not more than 5, eligible entities. (B) Selection Criteria In selecting an eligible entity to receive a grant under the pilot program, the Secretary shall consider— (i) energy and cost savings; (ii) the novelty of the technology to be used; (iii) the degree to which the project integrates next-generation sensors, software, analytics, and management tools; (iv) the anticipated cost-effectiveness of the pilot project in terms of energy efficiency savings, water savings or reuse, and infrastructure costs averted; (v) whether the technology can be deployed in a variety of geographic regions and the degree to which the technology can be implemented on a smaller or larger scale; and (vi) whether the project will be completed in 5 years or less. (C) Applications (i) In General Subject to clause (ii), an eligible entity seeking a grant under the pilot program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be necessary. (ii) Contents An application under clause (i) shall, at a minimum, include— (I) a description of the project; (II) a description of the technology to be used in the project; (III) the anticipated results, including energy and water savings, of the project; (IV) a comprehensive budget for the project; (V) the names of the project lead organization and any partners; (VI) the number of users to be served by the project; and (VII) any other information that the Secretary determines to be necessary to complete the review and selection of a grant recipient. (4) Administration (A) In general Not later than 300 days after the date of enactment of this Act, the Secretary shall select grant recipients under this section. (B) Evaluations The Secretary shall annually carry out an evaluation of each project for which a grant is provided under this section that— (i) evaluates the progress and impact of the project; and (ii) assesses the degree to which the project is meeting the goals of the pilot program. (C) Technical assistance On the request of a grant recipient, the Secretary shall provide technical assistance. (D) Best practices The Secretary shall make available to the public— (i) a copy of each evaluation carried out under subparagraph (B); and (ii) a description of any best practices identified by the Secretary as a result of those evaluations. (E) Report to Congress The Secretary shall submit to Congress a report containing the results of each evaluation carried out under subparagraph (B). (c) Funding (1) In general The Secretary shall use not less than $7,500,000 of amounts made available to the Secretary to carry out this section. (2) Prioritization In funding activities under this section, the Secretary shall prioritize funding in the following manner: (A) Any unobligated amounts made available to the Secretary to carry out the activities of the Energy Efficiency and Renewable Energy Office. (B) Any unobligated amounts (other than those described in subparagraph (A)) made available to the Secretary.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5149ih/xml/BILLS-113hr5149ih.xml
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113-hr-5150
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I 113th CONGRESS 2d Session H. R. 5150 IN THE HOUSE OF REPRESENTATIVES July 17, 2014 Mr. McNerney 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 Natural Resources , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish a WaterSense program within the Environmental Protection Agency.
1. Short title This Act may be cited as the WaterSense Efficiency, Conservation, and Adaptation Act of 2014 . 2. Water efficiency, conservation, and adaptation (a) Findings Congress finds that— (1) (A) human-induced climate change is affecting the natural water cycle, decreasing precipitation levels in the West, especially the Southwest, and making droughts and floods more frequent and more intense; (B) declining precipitation levels will severely impact water supplies in Southwestern States; and (C) a sharp increase in the number of days with very heavy precipitation throughout the Northeast and the Midwest will stress aging water infrastructure; (2) changes in the water cycle caused by climate disruptions will adversely affect water infrastructure, energy production and use, human health, transportation, agriculture, and ecosystems, while also aggravating water disputes across the United States; (3) (A) the Colorado River, which supplies water for more than 30,000,000 people, is experiencing the worst drought in more than 100 years of recordkeeping; and (B) the primary reservoirs of the Colorado River Basin and Lakes Mead and Powell have lost nearly half of the storage waters of the reservoirs and lakes, and clean hydropower generated from Hoover Dam risks reduction if the extended drought persists; (4) States and local governments and water utilities can begin to address the challenges described in this subsection by providing incentives for water efficiency and conservation, while also planning and investing in infrastructure to adapt to the impacts of climate change, particularly those impacts already affecting the United States; (5) residential water demand can be reduced by 25 to 40 percent using existing, cost-effective technologies that also can reduce the water bills of consumers by hundreds of dollars per year; and (6) water and energy use are inseparable activities, and supplying and treating water consumes around 4 percent of the electricity of the United States, and electricity makes up 75 percent of the cost of processing and delivering municipal water. (b) Definition of Administrator In this Act, the term Administrator means the Administrator of the Environmental Protection Agency. (c) WaterSense (1) In general There is established within the Environmental Protection Agency a WaterSense program to identify and promote water efficient products, buildings, landscapes, facilities, processes, and services so as— (A) to reduce water use; (B) to reduce the strain on water, wastewater, and stormwater infrastructure; (C) to conserve energy used to pump, heat, transport, and treat water; and (D) to preserve water resources for future generations, through voluntary labeling of, or other forms of communications about, products, buildings, landscapes, facilities, processes, and services that meet the highest water efficiency and performance criteria. (2) Duties The Administrator shall— (A) establish— (i) a WaterSense label to be used for certain items; and (ii) the procedure by which an item may be certified to display the WaterSense label; (B) promote WaterSense-labeled products, buildings, landscapes, facilities, processes, and services in the market place as the preferred technologies and services for— (i) reducing water use; and (ii) ensuring product and service performance; (C) work to enhance public awareness of the WaterSense label through public outreach, education, and other means; (D) preserve the integrity of the WaterSense label by— (i) establishing and maintaining performance criteria so that products, buildings, landscapes, facilities, processes, and services labeled with the WaterSense label perform as well or better than less water-efficient counterparts; (ii) overseeing WaterSense certifications made by third parties; (iii) conducting reviews of the use of the WaterSense label in the marketplace and taking corrective action in any case in which misuse of the label is identified; and (iv) carrying out such other measures as the Administrator determines to be appropriate; (E) regularly review and, if appropriate, update WaterSense criteria for categories of products, buildings, landscapes, facilities, processes, and services, at least once every 4 years; (F) to the maximum extent practicable, regularly estimate and make available to the public the production and relative market shares of, and the savings of water, energy, and capital costs of water, wastewater, and stormwater infrastructure attributable to the use of WaterSense-labeled products, buildings, landscapes, facilities, processes, and services, at least annually; (G) solicit comments from interested parties and the public prior to establishing or revising a WaterSense category, specification, installation criterion, or other criterion (or prior to effective dates for any such category, specification, installation criterion, or other criterion); (H) provide reasonable notice to interested parties and the public of any changes (including effective dates), on the adoption of a new or revised category, specification, installation criterion, or other criterion, along with— (i) an explanation of the changes; and (ii) as appropriate, responses to comments submitted by interested parties and the public; (I) provide appropriate lead time (as determined by the Administrator) prior to the applicable effective date for a new or significant revision to a category, specification, installation criterion, or other criterion, taking into account the timing requirements of the manufacturing, marketing, training, and distribution process for the specific product, building and landscape, or service category addressed; (J) identify and, if appropriate, implement other voluntary approaches in commercial, institutional, residential, industrial, and municipal sectors to encourage recycling and reuse technologies to improve water efficiency or lower water use; and (K) if appropriate, apply the WaterSense label to water-using products that are labeled by the Energy Star program implemented by the Administrator and the Secretary of Energy. (3) Authorization of appropriations There are authorized to be appropriated to carry out this subsection— (A) $7,500,000 for fiscal year 2015; (B) $10,000,000 for fiscal year 2016; (C) $20,000,000 for fiscal year 2017; (D) $50,000,000 for fiscal year 2018; and (E) for each subsequent fiscal year, the applicable amount for the preceding fiscal year, as adjusted to reflect changes for the 12-month period ending the preceding November 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor. (d) State residential water efficiency and conservation incentives program (1) Definitions In this subsection: (A) Eligible entity The term eligible entity means a State government, local or county government, tribal government, wastewater or sewerage utility, municipal water authority, energy utility, water utility, or nonprofit organization that meets the requirements of paragraph (2). (B) Incentive program The term incentive program means a program for administering financial incentives for consumer purchase and installation of water-efficient products, buildings (including new water-efficient homes), landscapes, processes, or services described in paragraph (2)(A). (C) Residential water-efficient product, building, landscape, process, or service (i) In general The term residential water-efficient product, building, landscape, process, or service means a product, building, landscape, process, or service for a residence or its landscape that is rated for water efficiency and performance— (I) by the WaterSense program; or (II) if a WaterSense specification does not exist, by the Energy Star program or an incentive program approved by the Administrator. (ii) Inclusions The term residential water-efficient product, building, landscape, process, or service includes— (I) faucets; (II) irrigation technologies and services; (III) point-of-use water treatment devices; (IV) reuse and recycling technologies; (V) toilets; (VI) clothes washers; (VII) dishwashers; (VIII) showerheads; (IX) xeriscaping and other landscape conversions that replace irrigated turf; and (X) new water-efficient homes certified under the WaterSense program. (D) WaterSense program The term WaterSense program means the program established by subsection (c). (2) Eligible entities An entity shall be eligible to receive an allocation under paragraph (3) if the entity— (A) establishes (or has established) an incentive program to provide financial incentives to residential consumers for the purchase of residential water-efficient products, buildings, landscapes, processes, or services; (B) submits an application for the allocation at such time, in such form, and containing such information as the Administrator may require; and (C) provides assurances satisfactory to the Administrator that the entity will use the allocation to supplement, but not supplant, funds made available to carry out the incentive program. (3) Amount of allocations For each fiscal year, the Administrator shall determine the amount to allocate to each eligible entity to carry out paragraph (4), taking into consideration— (A) the population served by the eligible entity during the most recent calendar year for which data are available; (B) the targeted population of the incentive program of the eligible entity, such as general households, low-income households, or first-time homeowners, and the probable effectiveness of the incentive program for that population; (C) for existing programs, the effectiveness of the program in encouraging the adoption of water-efficient products, buildings, landscapes, facilities, processes, and services; (D) any allocation to the eligible entity for a preceding fiscal year that remains unused; and (E) the per capita water demand of the population served by the eligible entity during the most recent calendar year for which data are available and the accessibility of water supplies to the eligible entity. (4) Use of allocated funds Funds allocated to an eligible entity under paragraph (3) may be used to pay up to 50 percent of the cost of establishing and carrying out an incentive program. (5) Fixture recycling Eligible entities are encouraged to promote or implement fixture recycling programs to manage the disposal of older fixtures replaced due to the incentive program under this subsection. (6) Issuance of incentives (A) In general Financial incentives may be provided to residential consumers that meet the requirements of the applicable incentive program. (B) Manner of issuance An eligible entity may— (i) issue all financial incentives directly to residential consumers; or (ii) with approval of the Administrator, delegate all or part of financial incentive administration to other organizations, including local governments, municipal water authorities, water utilities, and nonprofit organizations. (C) Amount The amount of a financial incentive shall be determined by the eligible entity, taking into consideration— (i) the amount of any Federal or State tax incentive available for the purchase of the residential water-efficient product or service; (ii) the amount necessary to change consumer behavior to purchase water-efficient products and services; and (iii) the consumer expenditures for onsite preparation, assembly, and original installation of the product. (7) Authorization of appropriations There are authorized to be appropriated to the Administrator to carry out this section— (A) $100,000,000 for fiscal year 2015; (B) $150,000,000 for fiscal year 2016; (C) $200,000,000 for fiscal year 2017; (D) $150,000,000 for fiscal year 2018; (E) $100,000,000 for fiscal year 2019; and (F) for each subsequent fiscal year, the applicable amount for the preceding fiscal year, as adjusted to reflect changes for the 12-month period ending the preceding November 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor. (e) Blue bank for water system mitigation and adaptation (1) Definitions In this subsection: (A) Abrupt climate change The term abrupt climate change means a large-scale change in the climate system that— (i) takes place over a few decades or less; (ii) persists (or is anticipated to persist) for at least a few decades; and (iii) causes substantial disruptions in human and natural systems. (B) Owner or operator (i) In general The term owner or operator means a person (including a regional, State, local, municipal, or private entity) that owns or operates a water system. (ii) Inclusion The term owner or operator includes a non-Federal entity that has operational responsibilities for a federally owned water system. (C) Water system The term water system means— (i) a community water system (as defined in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f)); (ii) a publicly owned treatment works (as defined in section 212 of the Federal Water Pollution Control Act ( 33 U.S.C. 1292 )), including a municipal separate storm sewer system; (iii) a decentralized wastewater treatment system for domestic sewage; (iv) a groundwater storage and replenishment system; or (v) a system for transport and delivery of water for irrigation or conservation. (2) Grants Beginning in fiscal year 2015, the Administrator shall make grants to owners or operators of water systems to address any ongoing or forecasted (based on the best available research and data) climate-related impact on the water quality or quantity of a region of the United States, for the purposes of mitigating or adapting to the impacts of climate change. (3) Eligible uses In carrying out this subsection, the Administrator shall make grants to assist in the planning, design, construction, implementation, or maintenance of any program or project to increase the resilience of a water system to climate change by— (A) conserving water or enhancing water use efficiency, including through the use of water metering to measure the effectiveness of a water efficiency program; (B) modifying or relocating existing water system infrastructure made or projected to be made inoperable by climate change impacts; (C) preserving or improving water quality, including through measures to manage, reduce, treat, or reuse municipal stormwater, wastewater, or drinking water; (D) investigating, designing, or constructing groundwater remediation, recycled water, or desalination facilities or systems; (E) enhancing water management by increasing watershed preservation and protection, such as through the use of natural or engineered green infrastructure in the management, conveyance, or treatment of water, wastewater, or stormwater; (F) enhancing energy efficiency or the use and generation of renewable energy in the management, conveyance, or treatment of water, wastewater, or stormwater; (G) supporting the adoption and use of advanced water treatment, water supply management (such as reservoir reoperation), or water demand management technologies, projects, or processes (such as water reuse and recycling or adaptive conservation pricing) that maintain or increase water supply or improve water quality; (H) modifying or replacing existing systems or constructing new systems for existing communities or land currently in agricultural production to improve water availability, storage, or conveyance in a manner that— (i) promotes more efficient use of available water supplies; and (ii) does not further exacerbate stresses on ecosystems; (I) supporting practices and projects, such as improved irrigation systems, water banking and other forms of water transactions, groundwater recharge, stormwater capture, and reuse or recycling of drainage water, to improve water quality or promote more efficient water use, including on land currently in agricultural production; (J) conducting and completing studies or assessments to project how climate change may impact the future operations and sustainability of water systems; or (K) developing and implementing mitigation measures to rapidly address impacts on water systems most susceptible to abrupt climate change, including those in the Colorado River Basin and coastal regions at risk from rising sea levels. (4) Application To be eligible to receive a grant from the Administrator under paragraph (2), the owner or operator of a water system shall submit to the Administrator an application that— (A) includes a proposal of the program, strategy, or infrastructure improvement to be planned, designed, constructed, implemented, or maintained by the water system; (B) cites the best available research or data that demonstrates— (i) the risk to the water resources or infrastructure of the water system as a result of ongoing or forecasted changes to the hydrological system brought about by factors arising from climate change, including rising sea levels and changes in precipitation levels; and (ii) how the proposed program, strategy, or infrastructure improvement would perform under the anticipated climate conditions; (C) explains how the proposed program, strategy, or infrastructure improvement is expected to enhance the resiliency of the water system, including source water protection for community water systems, to these risks or reduce the direct or indirect greenhouse gas emissions of the water system; and (D) demonstrates that the program, strategy, or infrastructure improvement is— (i) consistent with any approved State and tribal climate adaptation plan; and (ii) not inconsistent with any approved natural resources plan. (5) Competitive process (A) In general Each calendar year, the Administrator shall conduct a competitive process to select and fund applications under this subsection. (B) Priority requirements and weighting In carrying out the process, the Administrator shall— (i) prioritize funding of applications that are submitted by the owners or operators of water systems that are, based on the best available research and data, at the greatest and most immediate risk of facing significant climate-related negative impacts on water quality or quantity; (ii) in selecting among the priority applications determined under clause (i), ensure that the final list of applications funded for each year includes a substantial number that, to the maximum extent practicable, includes each eligible use described in paragraph (3); (iii) solicit applications from water systems that are— (I) located in all regions of the United States; and (II) facing varying risks as a result of climate change; and (iv) provide for solicitation and consideration of public input in the development of criteria used in evaluating applications. (6) Cost sharing (A) Federal share The Federal share of the cost of any program, strategy, or infrastructure improvement that is the subject of a grant awarded by the Administrator to a water system under paragraph (2) shall not exceed 50 percent of the cost of the program, strategy, and infrastructure improvement. (B) Calculation of non-Federal share In calculating the non-Federal share of the cost of a program, strategy, or infrastructure improvement proposed by a water system through an application submitted by the water system under paragraph (4), the Administrator shall— (i) include the value of any in-kind services that are integral to the completion of the program, strategy, or infrastructure improvement, as determined by the Administrator; and (ii) not include any other amount that the water system receives from a Federal agency. (7) Labor standards (A) In general All laborers and mechanics employed on infrastructure improvements funded directly by or assisted in whole or in part by this subsection shall be paid wages at rates not less than those prevailing for the same type of work on similar construction in the immediate locality, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code. (B) Authority and functions With respect to the labor standards in this paragraph, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. (8) Regulations (A) In general Not later than 1 year after the date of enactment of this Act, the Administrator shall promulgate final regulations to carry out this subsection. (B) Special rule for the construction of treatment works In carrying out this paragraph, the Administrator shall incorporate all relevant and appropriate requirements of title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) applicable to the construction of treatment works that are carried out under this subsection. (9) Report to Congress Not later than 3 years after the date of enactment of this Act, and every 3 years thereafter, the Administrator shall submit to the Congress a report on progress in implementing this subsection, including information on project applications received and funded annually. (10) Authorization of appropriations There are authorized to be appropriated to carry out this subsection such sums as are necessary.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5150ih/xml/BILLS-113hr5150ih.xml
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113-hr-5151
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I 113th CONGRESS 2d Session H. R. 5151 IN THE HOUSE OF REPRESENTATIVES July 17, 2014 Mr. Murphy of Florida (for himself and Mr. Schock ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Higher Education Act of 1965 to require certain information be included in loan disclosure statements prior to disbursement, and for other purposes.
1. Short title This Act may be cited as the Student Loan Transparency for Success Act . 2. Information required in loan disclosure statements Section 455(p) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(p) ) is amended by striking shall prescribe, and all that follows and inserting the following: shall prescribe— (1) comply with each of the requirements under section 433 that apply to a lender with respect to a loan under part B; and (2) include in the disclosure for a loan required under subsection (a) of section 433— (A) the total aggregate amount borrowed by the borrower under loans under this part; (B) the estimated number of payments and total amount to be paid by the borrower to repay such loan based on a standard repayment plan; and (C) based on the most recent data available from the American Community Survey available from the Department of Commerce, the estimated average income and percentage of employment in the State of domicile of the borrower for persons with— (i) a high school diploma or equivalent; (ii) some post-secondary education without completion of a degree or certificate; (iii) a bachelor’s degree; and (iv) a post-baccalaureate degree. .
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https://www.govinfo.gov/content/pkg/BILLS-113hr5151ih/xml/BILLS-113hr5151ih.xml
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113-hr-5152
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I 113th CONGRESS 2d Session H. R. 5152 IN THE HOUSE OF REPRESENTATIVES July 17, 2014 Mr. Murphy of Florida (for himself, Mr. Jolly , Mr. Swalwell of California , Mr. Rice of South Carolina , Ms. Kuster , Mr. Meadows , Ms. Sinema , Mr. Mulvaney , Mr. Garcia , Mr. Ruiz , Ms. Gabbard , and Mr. Matheson ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committees on Energy and Commerce , Armed Services , Ways and Means , and Veterans’ 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 save the Federal Government money by reducing duplication and increasing efficiency, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Savings, Accountability, Value, and Efficiency III 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. Software license management. Sec. 3. United States Postal Service fleet efficiency. Sec. 4. Government computer energy optimization. Sec. 5. Removal of benefits for Federal employee convicted of certain offenses. Sec. 6. Codification of Office of Management and Budget criteria. Sec. 7. Increase energy efficiency of Federal buildings. Sec. 8. Reduce redundant health payments for seniors. Sec. 9. Efficient Medicare billing. 2. Software license management (a) Software license policies required Not later than 6 months after the date of the enactment of this Act, the Director of the Office of Management and Budget shall issue software licensing policies for agencies to follow that include the following: (1) An identification of clear roles, responsibilities, and central oversight authority within each agency for managing enterprise software license agreements. (2) A requirement that each agency establish an accurate inventory of enterprise software license agreements by identifying and collecting information about software license agreements using automated discovery and inventory tools. (3) A requirement that each agency regularly track and maintain software licenses to assist the agency in implementing decisions throughout the software license management life cycle. (4) A requirement that each agency analyze software usage and other data to make cost-effective decisions. (5) A requirement that each agency provide training relevant to software license management. (6) A requirement that each agency establish goals and objectives to better manage enterprise software license agreements. (7) A requirement that each agency consider the software license management life-cycle phases (including requisition, reception, deployment and maintenance, retirement, and disposal phases) to implement effective decisionmaking and incorporate existing standards, processes, and metrics. (b) Agency defined In this section, the term agency has the meaning given that term in section 551 of title 5, United States Code. 3. United States Postal Service fleet efficiency (a) Purposes The purposes of this section are to provide for the upgrade of the vehicle fleet of the United States Postal Service, to improve mail delivery services to benefit customers and the environment, to increase savings by reducing maintenance or other costs, and to set benchmarks to maximize fuel economy and reduce emissions for the Postal fleet with the goal of making the Postal Service a national leader in efficiency and technology innovation. (b) Authority To enter into energy savings performance contracts Section 804(4) of the National Energy Conservation Policy Act ( 42 U.S.C. 8287c(4) ) is amended— (1) in subparagraph (A), by striking or after the semicolon; (2) in subparagraph (B), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following new subparagraph: (C) in the case of a contract in which the United States Postal Service is a party— (i) the purchase or lease of low emission and fuel efficient vehicles; (ii) a measure to upgrade a vehicle owned, operated, leased, or otherwise controlled by or assigned to the United States Postal Service to increase average fuel economy and reduce the emissions of carbon dioxide of such vehicle; or (iii) the construction of infrastructure, including electric vehicle charging stations, to support vehicles described in clauses (i) and (ii). . (c) Upgrade of Postal fleet (1) Postal fleet requirements (A) Motor vehicle standards The Postmaster General shall develop guidelines for contracted vehicles and vehicles purchased or leased for use by the Postal Service, that, at a minimum, provide— (i) for light-duty vehicles— (I) that emissions of carbon dioxide comply with applicable standards developed by the Environmental Protection Agency under title II of the Clean Air Act (42 U.S.C. 7521 et seq.) and may not exceed, on average, 250 grams per mile; and (II) to meet applicable average fuel economy standards developed by the National Highway Traffic Safety Administration under chapter 329 of title 49, United States Code, of 34.1 miles per gallon; and (ii) for medium-duty and heavy-duty vehicles, that comply with applicable standards— (I) for emissions of carbon dioxide developed by the Environmental Protection Agency under title II of the Clean Air Act ( 42 U.S.C. 7521 et seq. ); and (II) for average fuel economy developed by the National Highway Traffic Safety Administration under chapter 329 of title 49, United States Code. (B) Applicability The standards described in subparagraph (A) shall apply to contracted vehicles and vehicles purchased or leased for use by the Postal Service after the date that is 1 year after the date of the enactment of this Act. (C) Reduction in consumption of petroleum products The Postmaster General shall reduce the total consumption of petroleum products by vehicles in the Postal fleet by a minimum of 2 percent annually through the end of fiscal year 2025, relative to the baseline established for fiscal year 2005. (2) Replacing vehicles within the Postal fleet The Postmaster General shall conduct a cost-benefit analysis of vehicles in the Postal fleet to determine if the cost to maintain any such vehicle outweighs the benefit or savings of replacing the vehicle. (3) Route requirements To inform and prioritize purchases, the Postmaster General shall review and identify Postal delivery routes to determine if motor vehicles used on such routes can be replaced with technologies that increase average fuel economy or reduce emissions of carbon dioxide. (4) Reporting requirements The Postmaster General shall submit a report to Congress— (A) not later than 1 year after the date of the enactment of this Act, that contains a plan to achieve the requirements of paragraph (1) and recommendations for vehicle body design specifications for vehicles purchased for the Postal fleet that would increase average fuel economy and reduce emissions of carbon dioxide of any such vehicle; and (B) annually, that describes— (i) the progress in meeting the annual target described in paragraph (1)(C); and (ii) any changes to Postal delivery routes or vehicle purchase strategies made pursuant to paragraph (3). (5) Restrictions To meet the requirements of this section, the Postmaster General may not— (A) reduce the frequency of delivery of mail to fewer than 6 days each week; (B) close post offices or postal distribution facilities; (C) take any action that would restrict or diminish a collective bargaining agreement or eliminate or reduce any employee benefits; or (D) enter into a contract with a private company to perform duties that, as of the date of the enactment of this Act, are performed by bargaining unit employees. (d) Definitions In this section: (1) Contracted vehicle The term contracted vehicle — (A) means any motor vehicle used in carrying out a contract for surface mail delivery pursuant to section 5005(a)(3) of title 39, United States Code; and (B) does not include any motor vehicle used in carrying out a contract for surface mail delivery pursuant to sections 406 and 407 of such title. (2) Motor vehicle The term motor vehicle means any self-propelled vehicle designed for transporting persons or property on a street or highway. (3) Postal delivery route The term Postal delivery route means the transportation route for surface mail delivery. (4) Postal fleet The term Postal fleet means any vehicle that is owned, operated, leased, or otherwise controlled by or assigned to the Postal Service. (5) Postal Service The term Postal Service means the United States Postal Service. 4. Government Computer Energy Optimization (a) Agency requirement To shut down computers Except as provided in subsection (b), not later than 6 months after the date of the enactment of this Act, the head of each agency shall make all reasonable efforts to ensure that desktop computers are shut down for at least 4 hours out of every 24-hour time period. (b) Exception The requirement in subsection (a) shall not apply to— (1) desktop computers that are used by a person for 16 or more hours per day; and (2) computers that perform automated functions essential to the agency for 16 or more hours per day. (c) Agency defined In this section, the term agency has the meaning given that term in section 551 of title 5, United States Code. 5. Removal of benefits for Federal employee convicted of certain offenses (a) In general Notwithstanding any other provision of law, an individual may not be paid an annuity under chapter 83 or 84 (as the case may be) of title 5, United States Code, if the individual is convicted of an offense described under section 8332(o)(2)(B) of such title, committed after the date of enactment of this Act, for which every act or omission of the individual that is needed to satisfy the elements of the offense directly relates to the performance of the individual's official duties. (b) Credit of service Any such individual shall be entitled to be paid any amounts contributed by the individual towards the annuity during the period of service covered by subsection (a), pursuant to, or in a similar manner as, the terms of section 8316 of such title. (c) Thrift Savings Plan (1) Employing agency contributions Any contributions made under section 8432 of such title by an employing agency for the benefit of an individual convicted of an offense described in subsection (a) shall be forfeited. Such contributions shall be returned to the general fund of the Treasury. (2) Employee contributions Any contributions made by the individual pursuant to section 8432 of such title shall be payable to the individual, upon application of such individual. (3) Computation The computation of amounts required by paragraphs (1) and (2) shall be made on the date of the conviction of the individual and shall consist of the value of the contributions, including interest accrued, on such date. (d) Regulations The Director of the Office of Personnel Management shall prescribe any regulations necessary to carry out this section. 6. Codification of Office of Management and Budget criteria The Secretary of Defense shall implement the following criteria in requests for overseas contingency operations: (1) For theater of operations for non-classified war overseas contingency operations funding, the geographic areas in which combat or direct combat support operations occur are: Iraq, Afghanistan, Pakistan, Kazakhstan, Tajikistan, Kyrgyzstan, the Horn of Africa, Persian Gulf and Gulf nations, the Arabian Sea, the Indian Ocean, the Philippines, and other countries on a case-by-case basis. (2) Permitted Inclusions in the Overseas Contingency Operation Budget: (A) Major Equipment: (i) Replacement of losses that have occurred but only for items not already programmed for replacement in the Future Years Defense Plan (FYDP), but not including accelerations, which must be made in the base budget. (ii) Replacement or repair to original capability (to upgraded capability if that is currently available) of equipment returning from theater. The replacement may be a similar end item if the original item is no longer in production. Incremental cost of non-war related upgrades, if made, should be included in the base. (iii) Purchase of specialized, theater-specific equipment. (iv) Funding for major equipment must be obligated within 12 months. (B) Ground Equipment Replacement: (i) For combat losses and returning equipment that is not economical to repair, the replacement of equipment may be given to coalition partners, if consistent with approved policy. (ii) In-theater stocks above customary equipping levels on a case-by-case basis. (C) Equipment Modifications: (i) Operationally required modifications to equipment used in theater or in direct support of combat operations and that is not already programmed in FYDP. (ii) Funding for equipment modifications must be able to be obligated in 12 months. (D) Munitions: (i) Replenishment of munitions expended in combat operations in theater. (ii) Training ammunition for theater-unique training events. (iii) While forecasted expenditures are not permitted, a case-by-case assessment for munitions where existing stocks are insufficient to sustain theater combat operations. (E) Aircraft Replacement: (i) Combat losses by accident that occur in the theater of operations. (ii) Combat losses by enemy action that occur in the theater of operations. (F) Military Construction: (i) Facilities and infrastructure in the theater of operations in direct support of combat operations. The level of construction should be the minimum to meet operational requirements. (ii) At non-enduring locations, facilities and infrastructure for temporary use. (iii) At enduring locations, facilities and infrastructure for temporary use. (iv) At enduring locations, construction requirements must be tied to surge operations or major changes in operational requirements and will be considered on a case-by-case basis. (G) Research and development projects for combat operations in these specific theaters that can be delivered in 12 months. (H) Operations: (i) Direct war costs: (I) Transport of personnel, equipment, and supplies to, from and within the theater of operations. (II) Deployment-specific training and preparation for units and personnel (military and civilian) to assume their directed missions as defined in the orders for deployment into the theater of operations. (ii) Within the theater, the incremental costs above the funding programmed in the base budget to: (I) Support commanders in the conduct of their directed missions (to include Emergency Response Programs). (II) Build and maintain temporary facilities. (III) Provide food, fuel, supplies, contracted services and other support. (IV) Cover the operational costs of coalition partners supporting U.S. military missions, as mutually agreed. (iii) Indirect war costs incurred outside the theater of operations will be evaluated on a case-by-case basis. (I) Health: (i) Short-term care directly related to combat. (ii) Infrastructure that is only to be used during the current conflict. (J) Personnel: (i) Incremental special pays and allowances for servicemembers and civilians deployed to a combat zone. (ii) Incremental pay, special pays and allowances for Reserve Component personnel mobilized to support war missions. (K) Special Operations Command: (i) Operations that meet the criteria in this guidance. (ii) Equipment that meets the criteria in this guidance. (L) Prepositioned supplies and equipment for resetting in-theater stocks of supplies and equipment to pre-war levels. (M) Security force funding to train, equip, and sustain Iraqi and Afghan military and police forces. (N) Fuel: (i) War fuel costs and funding to ensure that logistical support to combat operations is not degraded due to cash losses in the Department of Defense’s baseline fuel program. (ii) Enough of any base fuel shortfall attributable to fuel price increases to maintain sufficient on-hand cash for the Defense Working Capital Funds to cover seven days disbursements. (3) Excluded items from Overseas Contingency Funding that must be funded from the base budget: (A) Training vehicles, aircraft, ammunition, and simulators, but not training base stocks of specialized, theater-specific equipment that is required to support combat operations in the theater of operations, and support to deployment-specific training described above. (B) Acceleration of equipment service life extension programs already in the Future Years Defense Plan. (C) Base Realignment and Closure projects. (D) Family support initiatives: (i) Construction of childcare facilities. (ii) Funding for private-public partnerships to expand military families’ access to childcare. (iii) Support for servicemembers’ spouses' professional development. (E) Programs to maintain industrial base capacity including war-stoppers . (F) Personnel: (i) Recruiting and retention bonuses to maintain end-strength. (ii) Basic Pay and the Basic allowances for Housing and Subsistence for permanently authorized end strength. (iii) Individual augmentees on a case-by-case basis. (G) Support for the personnel, operations, or the construction or maintenance of facilities at United States Offices of Security Cooperation in theater. (H) Costs for reconfiguring prepositioned supplies and equipment or for maintaining them. (4) Items proposed for increases in reprogrammings or as payback for prior reprogrammings must meet the criteria above. 7. Increase energy efficiency of Federal buildings (a) Findings Congress finds the following: (1) Private sector funding and expertise can help address the energy efficiency challenges facing the United States. (2) The Federal Government spends more than $6 billion annually in energy costs. (3) Reducing Federal energy costs can help save money, create jobs, and reduce waste. (4) Energy savings performance contracts and utility energy savings contracts are tools for utilizing private sector investment to upgrade Federal facilities without any up-front cost to the taxpayer. (5) Performance contracting is a way to retrofit Federal buildings using private sector investment in the absence of appropriated dollars. Retrofits seek to reduce energy use, improve infrastructure, protect national security, and cut facility operations and maintenance costs. (b) Use of energy and water efficiency measures in Federal buildings (1) Implementation of identified energy and water efficiency measures Section 543(f)(4) of the National Energy Conservation Policy Act ( 42 U.S.C. 8253(f)(4) ) is amended to read as follows: (4) Implementation of identified energy and water efficiency measures (A) In general Not later than 2 years after the completion of each evaluation under paragraph (3), each energy manager shall consider— (i) implementing any energy- or water-saving or conservation measure that the Federal agency identified in the evaluation conducted under paragraph (3) that is life cycle cost-effective; and (ii) bundling individual measures of varying paybacks together into combined projects. (B) Measures not implemented The energy manager, as part of the certification system under paragraph (7) and using guidelines developed by the Secretary, shall provide reasons for not implementing any life cycle cost-effective measures under subparagraph (A). . (2) Annual contracting goal Section 543(f)(10)(C) of the National Energy Conservation Policy Act ( 42 U.S.C. 8253(f)(10)(C) ) is amended— (A) by striking Each Federal agency and inserting the following: (i) In general Each Federal agency ; and (B) by adding at the end the following new clauses: (ii) Tracking Each Federal agency shall use the benchmarking systems selected or developed for the agency under paragraph (8) to track energy savings realized by the agency through the implementation of energy- or water-saving or conservation measures pursuant to paragraph (4), and shall submit information regarding such savings to the Secretary to be published on a public website of the Department of Energy. (iii) Consideration Each Federal agency shall consider using energy savings performance contracts or utility energy service contracts to implement energy- or water-saving or conservation measures pursuant to paragraph (4). (iv) Contracting goal It shall be the goal of the Federal Government, in the implementation of energy- or water-saving or conservation measures pursuant to paragraph (4), to enter into energy savings performance contracts or utility energy service contracts equal to $1,000,000,000 in each year during the 5-year period beginning on January 1, 2014. (v) Report to Congress Not later than September 30 of each year during the 5-year period referred to in clause (iv), each Federal agency shall submit to the Secretary information regarding progress made by the agency towards achieving the goal described in such clause. Not later than 60 days after each such September 30, the Secretary, acting through the Federal Energy Management Program, shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report describing the progress made by the Federal Government towards achieving such goal. . 8. Reduce redundant health payments for seniors (a) Study The Secretary of Health and Human Services, in cooperation with the Secretary of Veterans Affairs and the Secretary of Defense, shall conduct a study examining the extent to which payments may be made under both the Medicare Advantage program and under the veterans health care system or the TRICARE program for health care furnished to individuals who are eligible under such Medicare Advantage program and the veterans health care system or the TRICARE program. (b) Report The Secretary shall submit a report to Congress on the study conducted under subsection (a). The report shall contain recommendations that— (1) preserve access to benefits under the Medicare program for individuals eligible for such benefits; (2) focus on satisfaction and health outcomes of such individuals with respect to such benefits; (3) provide for the efficient use of Federal funds; (4) account for the adequacy of the veterans health care system and the TRICARE program; and (5) minimize disruption to the availability of Medicare Advantage plans and networks of providers participating in such plans. (c) Definitions In this section: (1) The term Medicare Advantage program means the program under part C of title XVIII of the Social Security Act. (2) The term TRICARE program has the meaning given that term in section 1072(7) of title 10, United States Code. (3) The term veterans health care system means the health care system established under section 1705 of title 38, United States Code. 9. Efficient Medicare billing (a) Option To receive Medicare Summary Notice electronically (1) In general Section 1806 of the Social Security Act ( 42 U.S.C. 1395b–7 ) is amended by adding at the end the following new subsection: (c) Format of statements from Secretary (1) Electronic option beginning in 2015 Subject to paragraph (2), for statements described in subsection (a) that are furnished for a period in 2015 or a subsequent year, in the case that an individual described in subsection (a) elects, in accordance with such form, manner, and time specified by the Secretary, to receive such statement in an electronic format, such statement shall be furnished to such individual for each period subsequent to such election in such a format and shall not be mailed to the individual. (2) One-time revocation option An individual who makes an election described in paragraph (1) may revoke such election once. (3) Notification The Secretary shall ensure that, in the most cost effective manner and beginning January 1, 2017, a clear notification of the option to elect to receive statements described in subsection (a) in an electronic format is made available, such as through the notices distributed under section 1804, to individuals described in subsection (a). For notices distributed under section 1804 on or after January 1, 2017, the Secretary shall ensure that such notice includes a clear notification of the option to elect to receive statements described in subsection (a) in an electronic format. . (2) Encouraged expansion of electronic statements To the extent to which the Secretary of Health and Human Services determines appropriate, the Secretary shall— (A) apply an option similar to the option described in subsection (c)(1) of section 1806 of the Social Security Act ( 42 U.S.C. 1395b–7 ) (relating to the provision of the Medicare Summary Notice in an electronic format), as added by subsection (a), to other statements and notifications under title XVIII of such Act ( 42 U.S.C. 1395 et seq. ); and (B) provide such Medicare Summary Notice and any such other statements and notifications on a more frequent basis than is otherwise required under such title. (b) Renewal of MAC contracts Section 1874A(b)(1)(B) of the Social Security Act ( 42 U.S.C. 1395kk–1(b)(1)(B) ) is amended by striking 5 years and inserting 10 years .
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113-hr-5153
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I 113th CONGRESS 2d Session H. R. 5153 IN THE HOUSE OF REPRESENTATIVES July 17, 2014 Ms. Norton introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend the Act of September 16, 1922, to clarify the responsibility of Federal agencies to remove snow and ice for areas around Federal buildings in the District of Columbia.
1. District of Columbia snow removal The Act of September 16, 1922 (42 Stat. 845, chapter 318) is amended by striking section 3 and inserting the following: 3. Duties of Federal agencies (a) In general It shall be the duty of a Federal agency to remove, or cause to be removed, snow, sleet, or ice from any paved sidewalk or crosswalk within the fire limits of the District of Columbia that is— (1) in front of or adjacent to any building that is— (A) owned by the United States; and (B) under the jurisdiction of the Federal agency; or (2) a public thoroughfare in front of, around, or through any public square, reservation, or open space that is— (A) owned by the United States; and (B) under the jurisdiction of the Federal agency. (b) Timing The removal of snow, sleet, or ice under subsection (a) shall occur within a reasonable period after the snow or sleet ceases to fall or the ice has accumulated, as applicable. (c) Application of sand, ashes, and salt If snow, sleet, or ice has hardened and cannot be removed from a sidewalk or crosswalk described in subsection (a), the Federal agency shall— (1) make the sidewalk or crosswalk reasonably safe for travel by applying sand, ashes, salt, or other acceptable materials to the affected sidewalk or crosswalk; and (2) as soon as practicable, thoroughly remove the snow, sleet, or ice from the affected sidewalk or crosswalk. (d) Authority To delegate A Federal agency may delegate the duty of the Federal agency under subsections (a) and (c) to another governmental entity or a nongovernmental entity under a lease, contract, or other comparable arrangement. (e) Agreement If 2 or more Federal agencies have overlapping responsibility for a sidewalk or crosswalk, the Federal agencies may enter into an agreement assigning responsibility for the removal of snow, sleet, or ice from the sidewalk or crosswalk. .
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https://www.govinfo.gov/content/pkg/BILLS-113hr5153ih/xml/BILLS-113hr5153ih.xml
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113-hr-5154
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I 113th CONGRESS 2d Session H. R. 5154 IN THE HOUSE OF REPRESENTATIVES July 17, 2014 Mr. Peters of California introduced the following bill; which was referred to the Committee on Small Business A BILL To direct the Administrator of the Small Business Administration and the Administrator of General Services to make rules to streamline and simplify the registration system used by small business concerns, and for other purposes.
1. Short title This Act may be cited as the Open Government Technology Work to More Businesses Act . 2. Regulations for business registration system to be considered for Federal contract (a) Updating registration system Not later than 6 months after the date of enactment of this Act, the Administrator of the Small Business Administration and the Administrator of General Services shall jointly make rules— (1) to streamline and simplify the registration system used by small business concerns to be considered for an award of any Federal contract; (2) that establish procedures by which a small business concern may self-certify its eligibility for a Federal contract under section 8 of the Small Business Act (15 U.S.C. 637); and (3) that establish procedures by which a majority of small business concerns may complete the registration process not later than 4 weeks after beginning such process. (b) Unified electronic system Not later than 12 months after the date of enactment of this Act, the Administrator of the Small Business Administration and the Administrator of General Services shall make the registration system described in subsection (a)(1) available in a unified electronic format accessible through the Internet.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5154ih/xml/BILLS-113hr5154ih.xml
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113-hr-5155
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I 113th CONGRESS 2d Session H. R. 5155 IN THE HOUSE OF REPRESENTATIVES July 17, 2014 Mr. Salmon introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To prohibit the National Endowment for the Humanities to provide funds to carry out the Popular Romance Project or any similar project relating to love or romance.
1. Prohibition The National Endowment for the Humanities may not provide funds to carry out the Popular Romance Project or any similar project relating to love or romance.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5155ih/xml/BILLS-113hr5155ih.xml
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113-hr-5156
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I 113th CONGRESS 2d Session H. R. 5156 IN THE HOUSE OF REPRESENTATIVES July 17, 2014 Ms. Shea-Porter (for herself and Mr. DeFazio ) introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committees on Agriculture 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 authorize the Secretary of the Interior to identify and declare wildlife disease emergencies and to coordinate rapid response to these emergencies, and for other purposes.
1. Short title This Act may be cited as the Wildlife Disease Emergency Act of 2014 . 2. Purposes The purposes of this Act are to— (1) authorize the Secretary of the Interior to identify and declare wildlife disease emergencies; (2) establish a fund through which the Secretary may coordinate rapid response to these emergencies; and (3) prepare for, identify, and address wildlife diseases adversely affecting wildlife populations and biodiversity through strategic and coordinated actions between the Federal agencies and State and local agencies, Indian tribes, and nongovernmental organizations. 3. Definitions In this Act: (1) Committee The term Committee means the Wildlife Disease Committee established under section 6. (2) Fund The term Fund means the Wildlife Disease Emergency Fund established by section 5. (3) Indian tribe The term Indian tribe has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). (4) Secretary The term Secretary means the Secretary of the Interior. (5) State The term State means any State, the District of Columbia, and any other possession of the United States. (6) Wildlife The term wildlife means any species native to the United States including nondomesticated mammals, fish, birds, amphibians, reptiles, mollusks, and arthropods. (7) Wildlife disease The term wildlife disease means an infectious or noninfectious, pathological condition occurring in a susceptible population of wildlife, that is not zoonotic. (8) Wildlife disease emergency The term wildlife disease emergency means the occurrence of a wildlife disease that— (A) is infectious and caused by a newly discovered pathogen or a known infectious wildlife disease that is expanding its geographic range, the species impacted by the disease, or other recognized impacts of the disease; (B) poses significant threats to the sustainability of wildlife; or (C) poses a significant threat to the overall health of a functioning ecosystem. 4. Declaration of wildlife disease emergency (a) In general The Secretary of the Interior, in consultation with the Governor of a potentially affected State or States, may declare within such State or States a wildlife disease emergency for any wildlife disease that is— (1) occurring in the United States; or (2) occurring outside the United States with the potential to enter the United States. (b) Considerations In making a declaration under subsection (a), the Secretary shall consider— (1) the level of threat the wildlife disease poses to affected wildlife populations, based on the— (A) relative threat to population levels; (B) relative strength of the contagion and spread of the disease; (C) observed rate of morbidity or mortality of the disease; and (D) importance of affected species or ecosystems, including— (i) species and habitats identified as priorities by the Federal Government, a State, or local government, or a Federal, State, or local conservation plan; and (ii) wildlife located on Federal lands; (2) the sufficiency of resources available in the Fund; (3) the ability of the Department of the Interior and other Federal, State, and local agencies, tribal governments, and other stakeholders to address and coordinate response to the disease through other authorities; (4) the request of any State Governor to make such a declaration; and (5) the economic consequences of a significant population decline in the impacted species due to the disease. (c) Response coordination Upon a declaration of a wildlife disease emergency by the Secretary, the Secretary shall lead a coordinated response to the emergency that shall include appropriate Federal agencies, State and local governments, Indian tribes, nongovernmental organizations, or other stakeholders. (d) Grant program The Secretary shall develop and implement a grant program to provide funding to State wildlife agencies and Indian tribes to address wildlife disease emergencies. 5. Wildlife disease emergency fund (a) Establishment There is established in the Treasury of the United States a separate account, which shall be known as the Wildlife Disease Emergency Fund and shall consist of— (1) such funds as are appropriated to the Secretary for activities authorized by this Act to address a wildlife disease emergency; and (2) any funds received by the Secretary as a donation, gift, or contribution identified by the person providing the funds for use to address wildlife disease emergencies. (b) Prohibition Amounts in the Fund may not be made available for any purpose other than to respond to a wildlife disease emergency declared under section 4. (c) Annual reports (1) In general Not later than 60 days after the end of each fiscal year beginning with fiscal year 2013, the Secretary shall submit to the Committee on Appropriations of the House of Representatives, the Committee on Appropriations of the Senate, the Committee on Environment and Public Works of the Senate, and the Committee on Natural Resources of the House of Representatives a report on the operation of the Fund during the fiscal year. (2) Contents Each report shall include, for the fiscal year covered by the report, the following: (A) A statement of the amounts deposited into the Fund. (B) A description of the expenditures made from the Fund, including the purpose of the expenditures. (C) Recommendations of additional authorities to fulfill the purpose of the Fund. (D) A statement of the balance remaining in the Fund at the end of the fiscal year. (d) Separate Appropriations account Section 1105(a) of title 31, United States Code, is amended by adding at the end the following: (39) a separate appropriations account for the Wildlife Disease Emergency Fund established under section 5 of the Wildlife Disease Emergency Act of 2013, which shall include the estimated amount of deposits into the Fund, and obligations and outlays from the Fund. . 6. Wildlife disease committee (a) Establishment The Secretary may establish a Wildlife Disease Committee. The purpose of the Committee shall be to assist the Secretary in increasing the level of preparedness of the United States to address emerging wildlife diseases. (b) Duties The Committee shall— (1) advise the Secretary on risk assessment, preparation, monitoring, research, and response to wildlife diseases that may significantly impact the health and sustainability of wildlife populations; and (2) draft reports, recommendations, plans, or other documents to assist the Secretary in carrying out this Act. (c) Membership (1) In general Subject to paragraph (2), members of the Committee shall be appointed by the Secretary from among individuals who are qualified by education, training, or experience in topics such as wildlife health, biology, ecology, wildlife conservation, and natural resource management. (2) Inclusions The Committee shall include— (A) qualified individuals who are employed by Federal agencies; (B) at least 8 qualified individuals who are employed by a State fish and wildlife agency, each of whom shall be employed in a different region of the 8 regions of the United States Fish and Wildlife Service; (C) qualified individuals employed by other State agencies and tribal entities; and (D) qualified individuals who represent public and private organizations. (d) Committee chair The Committee shall be chaired by the Secretary or a designee of the Secretary. (e) Staffing and assistance The Secretary shall make available to the Committee any staff, information, administrative services, or assistance the Secretary determines is reasonably required to enable the Committee to carry out its functions. (f) Renewal Notwithstanding the Federal Advisory Committee Act (5 U.S.C. App.), the Secretary may renew the Committee beyond the date it would otherwise terminate under that Act. 7. Rapid response teams The Secretary, in consultation with the Committee as appropriate, may convene rapid response teams to address any particular wildlife disease emergency. 8. Administration Nothing in this Act shall be construed to— (1) limit the Secretary’s authority to respond to wildlife disease events that are not declared wildlife disease emergencies under this Act; (2) affect the authority, jurisdiction, or responsibility of the States to manage, control, or regulate fish and resident wildlife under any State laws and regulations; (3) grant authority to any public agency to acquire private property or conservation easements or otherwise infringe any use of private property; or (4) limit, repeal, supersede, or modify any provision of Federal, State, local, or tribal laws and regulations.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5156ih/xml/BILLS-113hr5156ih.xml
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