legis_id
stringlengths 7
15
| text
stringlengths 248
4.78M
| url
stringlengths 71
89
|
|---|---|---|
113-hr-5157
|
I 113th CONGRESS 2d Session H. R. 5157 IN THE HOUSE OF REPRESENTATIVES July 17, 2014 Ms. Titus (for herself, Mr. Stewart , and Mr. Matheson ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to waive certain requirements relating to the approval of programs of education for purposes of the educational assistance programs of the Department of Veterans Affairs.
1. Waiver of certain requirements relating to the approval of programs of education for purposes of the educational assistance programs of the Department of Veterans Affairs Section 3680A of title 38, United States Code, is amended by adding at the end the following new subsection: (h) The Secretary may waive subsection (e) in the case of a program of education offered by an educational institution if the educational institution has been operating a program of education in another location for at least two years and such program of education is approved under this chapter. .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5157ih/xml/BILLS-113hr5157ih.xml
|
113-hr-5158
|
I 113th CONGRESS 2d Session H. R. 5158 IN THE HOUSE OF REPRESENTATIVES July 18, 2014 Mr. Fattah (for himself and Mr. Wolf ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committees on Agriculture 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 provide for the sealing or expungement of records relating to Federal nonviolent criminal offenses, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Record Expungement Designed to Enhance Employment Act of 2014 or the REDEEM Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Sealing of criminal records. Sec. 3. Juvenile sealing and expungement. Sec. 4. Study and report on cost savings from sealing and expungement provisions. Sec. 5. TANF assistance and SNAP benefits. Sec. 6. State incentives. Sec. 7. Ensuring accuracy in the FBI background check system. Sec. 8. Report on statutory and regulatory restrictions and disqualifications based on criminal records. 2. Sealing of criminal records (a) In general Chapter 229 of title 18, United States Code, is amended by adding at the end the following: D Sealing of criminal records Sec. 3631. Definitions; eligible individuals. 3632. Sealing petition. 3633. Effect of sealing order. 3631. Definitions; eligible individuals (a) Definitions In this subchapter— (1) the term covered nonviolent offense means a Federal criminal offense that is not— (A) a crime of violence (as that term is defined in section 16); or (B) a sex offense (as that term is defined in section 111 of the Sex Offender Registration and Notification Act ( 42 U.S.C. 16911 )); (2) the term eligible individual means an individual who— (A) has been arrested for or convicted of a covered nonviolent offense; (B) in the case of a conviction described in subparagraph (A), has fulfilled each requirement of the sentence for the covered nonviolent offense, including— (i) completing each term of imprisonment, probation, or supervised release; and (ii) satisfying each condition of imprisonment, probation, or supervised release; (C) subject to subsection (b), has not been convicted of more than 2 felonies that are covered nonviolent offenses, including any such convictions that have been sealed; and (D) has not been convicted of any felony that is not a covered nonviolent offense; (3) the term petitioner means an individual who files a sealing petition; (4) the term protected information , with respect to a covered nonviolent offense, means any reference to— (A) an arrest, conviction, or sentence of an individual for the offense; (B) the institution of criminal proceedings against an individual for the offense; or (C) the result of criminal proceedings described in subparagraph (B); (5) the term seal — (A) means— (i) to close a record from public viewing so that the record cannot be examined except by court order; and (ii) to physically seal the record shut and label the record SEALED or, in the case of an electronic record, the substantive equivalent; and (B) has the effect described in section 3633, including— (i) the right to treat the offense to which a sealed record relates, and any arrest, criminal proceeding, conviction, or sentence relating to the offense, as if it never occurred; and (ii) protection from civil and criminal perjury, false swearing, and false statement laws with respect to a sealed record; (6) the term sealing hearing means a hearing held under section 3632(b)(2); and (7) the term sealing petition means a petition for a sealing order filed under section 3632(a). (b) Eligible individuals (1) Multiple convictions deemed to be one conviction For purposes of subsection (a)(2)(C)— (A) multiple convictions shall be deemed to be 1 conviction if the convictions result from or relate to— (i) the same act; or (ii) acts committed at the same time; and (B) subject to paragraph (2), multiple convictions, not to exceed 3, that do not result from or relate to the same act or acts committed at the same time shall be deemed to be 1 conviction if the convictions— (i) result from or relate to— (I) the same— (aa) indictment, information, or complaint; (bb) plea of guilty; or (cc) official proceeding; or (II) related criminal acts that were committed within a 3-month period; or (ii) are determined to be directly related to addiction or a substance use disorder. (2) Discretion of court (A) In general A court reviewing a sealing petition may determine that it is not in the public interest to deem multiple convictions described in paragraph (1)(B) to be 1 conviction. (B) Reasoning If a court makes a determination under subparagraph (A), the court shall make available to the public the reasoning for the determination. (C) Reporting Not later than 2 years after the date of enactment of this subchapter, and each year thereafter, each district court of the United States shall submit to the Attorney General a report that describes the exercise of discretion by the court under subparagraph (B). 3632. Sealing petition (a) Right To file sealing petition (1) In general On and after the date described in paragraph (2), an eligible individual may file a petition for a sealing order with respect to a covered nonviolent offense in a district court of the United States. (2) Dates The date described in this paragraph is— (A) for an eligible individual who is convicted of a covered nonviolent offense and sentenced to a term of imprisonment, probation, or supervised release, the date that is 1 year after the date on which the eligible individual has completed every such term of imprisonment, probation, or supervised release; and (B) for an eligible individual not described in subparagraph (A), the date on which the case relating to the covered nonviolent offense is disposed of. (3) Notice of opportunity to file petition (A) Convicted individuals (i) In general If an individual is convicted of a covered nonviolent offense and will potentially be eligible to file a sealing petition with respect to the offense upon fulfilling each requirement of the sentence for the offense as described in section 3631(a)(2)(B), the court in which the individual is convicted shall inform the individual, on each date described in clause (ii), of— (I) that potential eligibility; (II) the necessary procedures for filing the sealing petition; and (III) the benefits of sealing a record, including protection from civil and criminal perjury, false swearing, and false statement laws with respect to the record. (ii) Dates The dates described in this clause are— (I) the date on which the individual is convicted; and (II) the date on which the individual has completed every term of imprisonment, probation, or supervised release relating to the offense. (B) Individuals not convicted (i) Arrest only If an individual is arrested for a covered nonviolent offense, criminal proceedings are not instituted against the individual for the offense, and the individual is potentially eligible to file a sealing petition with respect to the offense, on the date on which the case relating to the offense is disposed of, the arresting authority shall inform the individual of— (I) that potential eligibility; (II) the necessary procedures for filing the sealing petition; and (III) the benefits of sealing a record, including protection from civil and criminal perjury, false swearing, and false statement laws with respect to the record. (ii) Court proceedings If an individual is arrested for a covered nonviolent offense, criminal proceedings are instituted against the individual for the offense, the individual is not convicted of the offense, and the individual is potentially eligible to file a sealing petition with respect to the offense, on the date on which the case relating to the offense is disposed of, the court in which the criminal proceedings take place shall inform the individual of— (I) that potential eligibility; (II) the necessary procedures for filing the sealing petition; and (III) the benefits of sealing a record, including protection from civil and criminal perjury, false swearing, and false statement laws with respect to the record. (b) Procedures (1) Notification of prosecutor and victims If an individual files a petition under subsection (a) with respect to a covered nonviolent offense or arrest for a covered nonviolent offense, the district court in which the petition is filed shall provide notice of the petition— (A) to the office of the United States attorney that prosecuted or would have prosecuted the petitioner for the offense; (B) to the extent reasonable and practicable, to each victim of the offense; and (C) upon the request of the petitioner, to any other individual that the petitioner determines may testify as to the— (i) conduct of the petitioner since the date of the offense or arrest; or (ii) reasons that the sealing order should be entered. (2) Hearing (A) In general Not later than 6 months after the date on which an individual files a sealing petition, the district court shall conduct a hearing to determine whether to enter a sealing order for the individual. (B) Opportunity to testify and offer evidence (i) Petitioner The petitioner may testify or offer evidence at the sealing hearing in support of sealing. (ii) Prosecutor The office of a United States attorney that receives notice under paragraph (1)(A) may send a representative to testify or offer evidence at the sealing hearing in support of or against sealing. (iii) Victims (I) In general A victim who receives notice under paragraph (1)(B) may testify or offer evidence at the sealing hearing in support of or against sealing. (II) Locating victims The inability of a court to locate a victim shall not— (aa) delay a proceeding under this section; (bb) preclude the holding of a sealing hearing; or (cc) impact the issuance of a sealing order. (iv) Other individuals An individual who receives notice under paragraph (1)(C) may testify or offer evidence at the sealing hearing as to the issues described in clauses (i) and (ii) of that paragraph. (C) Magistrate judges A magistrate judge may preside over a hearing under this paragraph. (3) Basis for decision (A) In general In determining whether to enter an sealing order with respect to protected information relating to a covered nonviolent offense, the court— (i) shall consider all the evidence and testimony presented at the sealing hearing; (ii) may not consider any non-Federal nonviolent crimes for which the petitioner has been arrested or proceeded against, or of which the petitioner has been convicted; and (iii) shall balance— (I) (aa) the interest of public knowledge and safety; and (bb) the legitimate interest, if any, of the Government in maintaining the accessibility of the protected information, including any potential impact of sealing the protected information on Federal licensure, permit, or employment restrictions; against (II) (aa) the conduct and demonstrated desire of the petitioner to be rehabilitated and positively contribute to the community; and (bb) the interest of the petitioner in having the protected information sealed, including the harm of the protected information to the ability of the petitioner to secure and maintain employment. (B) Burden on Government The burden shall be on the Government to show that the interests under subclause (I) of subparagraph (A)(iii) outweigh the interests of the petitioner under subclause (II) of that subparagraph. (4) Waiting period after denial If the district court denies a sealing petition, the petitioner may not file a new sealing petition with respect to the same offense until the date that is 2 years after the date of the denial. (5) Universal form The Attorney General shall create a universal form, available over the Internet and in paper form, that an individual may use to file a sealing petition. (6) Fee waiver The Attorney General shall by regulation establish a process under which indigent petitioners may obtain a waiver of any fee for filing a sealing petition. (7) Reporting Not later than 2 years after the date of enactment of this subchapter, and each year thereafter, each district court of the United States shall issue a public report that— (A) describes— (i) the number of sealing petitions granted and denied under this section; and (ii) the number of instances in which the office of a United States attorney supported or opposed a sealing petition; and (B) includes any supporting data that the court determines relevant and that does not name any petitioner. (8) Public defender eligibility (A) In general The district court may, in its discretion, appoint counsel in accordance with the plan of the district court in operation under section 3006A to represent a petitioner for purposes of this section. (B) Considerations In making a determination whether to appoint counsel under subparagraph (A), the court shall consider— (i) the anticipated complexity of the sealing hearing, including the number and type of witnesses called to advocate against the sealing of the protected information of the petitioner; and (ii) the potential for adverse testimony by a victim or a representative of the office of the United States attorney. 3633. Effect of sealing order (a) In general Except as provided in this section, if a district court of the United States enters a sealing order with respect to a covered nonviolent offense, the offense and any arrest, criminal proceeding, conviction, or sentence relating to the offense shall be treated as if it never occurred. (b) Verification of sealing If a district court of the United States enters a sealing order with respect to a covered nonviolent offense, the court shall— (1) send a copy of the sealing order to each entity or person that possesses a record containing protected information that relates to the offense, including each law enforcement agency, each public or private correctional, detention, or treatment facility, each other public or private agency, and each person who provided treatment or rehabilitation services for the petitioner under an order of the court; (2) in the sealing order, require each entity or person described in paragraph (1) to— (A) seal the record in accordance with this section; and (B) submit a written certification to the court, under penalty of perjury, that the entity or person has sealed each paper and electronic copy of the record; (3) seal each paper and electronic copy of the record in the possession of the court; and (4) after receiving a written certification from each entity or person under paragraph (2)(B), notify the petitioner that each entity or person described in paragraph (1) has sealed each paper and electronic copy of the record. (c) Protection from perjury laws Except as provided in subsection (f)(3)(A), a petitioner with respect to whom a sealing order has been entered for a covered nonviolent offense shall not be subject to prosecution under any civil or criminal provision of Federal or State law relating to perjury, false swearing, or making a false statement, including section 1001, 1621, 1622, or 1623, for failing to recite or acknowledge any protected information with respect to the offense or respond to any inquiry made of the petitioner, relating to the protected information, for any purpose. (d) Attorney General nonpublic records The Attorney General— (1) shall maintain a nonpublic record of all protected information that has been sealed under this subchapter; and (2) may access or utilize protected information only— (A) for legitimate investigative purposes; (B) in defense of any civil suit arising out of the facts of the arrest or subsequent proceedings; or (C) if the Attorney General determines that disclosure is necessary to serve the interests of justice, public safety, or national security. (e) Law enforcement access A Federal or State law enforcement agency may access a record that is sealed under this subchapter solely— (1) to determine whether the individual to whom the record relates is eligible for a first-time-offender diversion program; (2) for investigatory or prosecutorial purposes; or (3) for a background check that relates to law enforcement employment or any employment that requires a government security clearance. (f) Prohibition on disclosure (1) Prohibition Except as provided in paragraph (3), it shall be unlawful to intentionally make or attempt to make an unauthorized disclosure of any protected information from a record that has been sealed under this subchapter. (2) Penalty Any person who violates paragraph (1) shall be fined under this title, imprisoned for not more than 1 year, or both. (3) Exceptions (A) Background checks An individual who is the subject of a record sealed under this subchapter shall, and a Federal or State law enforcement agency that possesses such a record may, disclose the record in the case of a background check for— (i) law enforcement employment; or (ii) any employment that requires a government security clearance. (B) Disclosure to Armed Forces A person may disclose protected information from a record sealed under this subchapter to the Secretaries of the military departments (or the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy) for the purpose of vetting an enlistment or commission, or with regard to any member of the Armed Forces. (C) Authorization for individual to disclose own record An individual who is the subject of a record sealed under this subchapter may choose to disclose the record. . (b) Applicability The right to file a sealing petition under section 3632(a) of title 18, United States Code, as added by subsection (a), shall apply with respect to a covered nonviolent offense (as defined in section 3631(a) of such title) that is committed before, on, or after the date of enactment of this Act. (c) Transition period for hearings deadline During the 1-year period beginning on the date of enactment of this Act, section 3632(b)(2)(A) of title 18, United States Code, as added by subsection (a), shall be applied by substituting 1 year for 6 months . (d) Technical and conforming amendment The table of subchapters for chapter 229 of title 18, United States Code, is amended by adding at the end the following: D. Sealing of Criminal Records 3631 . 3. Juvenile sealing and expungement (a) Purpose The purpose of this section is to— (1) protect children and adults against damage stemming from their juvenile acts and subsequent juvenile delinquency records, including law enforcement, arrest, and court records; and (2) prevent the unauthorized use or disclosure of confidential juvenile delinquency records and any potential employment, financial, psychological, or other harm that would result from such unauthorized use or disclosure. (b) Definitions Section 5031 of title 18, United States Code, is amended to read as follows: 5031. Definitions In this chapter— (1) the term adjudication means a determination by a judge that a person committed an act of juvenile delinquency; (2) the term conviction means a judgment or disposition in criminal court against a person following a finding of guilt by a judge or jury; (3) the term destroy means to render a file unreadable, whether paper, electronic, or otherwise stored, by shredding, pulverizing, pulping, incinerating, overwriting, reformatting the media, or other means; (4) the term expunge — (A) means to destroy a record and obliterate the name of the person to whom the record pertains from each official index or public record; and (B) has the effect described in section 5044(c), including— (i) the right to treat an offense to which an expunged record relates, and any arrest, juvenile delinquency proceeding, adjudication, or other result of such proceeding relating to the offense, as if it never occurred; and (ii) protection from civil and criminal perjury, false swearing, and false statement laws with respect to an expunged record; (5) the term expungement hearing means a hearing held under section 5044(b)(2)(B); (6) the term expungement petition means a petition for expungement filed under section 5044(b); (7) the term juvenile means— (A) except as provided in subparagraph (B), a person who has not attained the age of 18; and (B) for the purpose of proceedings and disposition under this chapter for an alleged act of juvenile delinquency, a person who has not attained the age of 21; (8) the term juvenile delinquency means the violation of a law of the United States committed by a person before attaining the age of 18 which would have been a crime if committed by an adult, or a violation by such a person of section 922(x); (9) the term juvenile nonviolent offense means an act of juvenile delinquency that is not— (A) a violent crime (as defined in section 103 of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 42 U.S.C. 5603 )); or (B) a sex offense (as that term is defined in section 111 of the Sex Offender Registration and Notification Act ( 42 U.S.C. 16911 )); (10) the term juvenile record — (A) means a record maintained by a court, the probation system, a law enforcement agency, or any other government agency, of the juvenile delinquency proceedings of a person; and (B) includes— (i) a juvenile legal file, including a formal document such as a petition, notice, motion, legal memorandum, order, or decree; (ii) a social record, including— (I) a record of a probation officer; (II) a record of any government agency that keeps records relating to juvenile delinquency; (III) a medical record; (IV) a psychiatric or psychological record; (V) a birth certificate; (VI) an education record, including an individualized education plan; (VII) a detention record; (VIII) demographic information that identifies a juvenile or the family of a juvenile; or (IX) any other record that includes personally identifiable information that may be associated with a juvenile delinquency proceeding, an act of juvenile delinquency, or an alleged act of juvenile delinquency; (iii) a law enforcement record, including— (I) fingerprints; (II) a DNA sample; or (III) a photograph; and (iv) a State criminal justice information system record; (11) the term petitioner means a person who files an expungement petition or a sealing petition; (12) the term seal — (A) means— (i) to close a record from public viewing so that the record cannot be examined except by court order; and (ii) to physically seal the record shut and label the record SEALED or, in the case of an electronic record, the substantive equivalent; and (B) has the effect described in section 5043(c), including— (i) the right to treat an offense to which a sealed record relates, and any arrest, juvenile delinquency proceeding, adjudication, or other result of such proceeding relating to the offense, as if it never occurred; and (ii) protection from civil and criminal perjury, false swearing, and false statement laws with respect to a sealed record; (13) the term sealing hearing means a hearing held under section 3632(b)(2)(A); and (14) the term sealing petition means a petition for a sealing order filed under section 5043(b). . (c) Confidentiality Section 5038 of title 18, United States Code, is amended— (1) in subsection (a), in the flush text following paragraph (6), by inserting after bonding, the following: participation in an educational system, ; and (2) in subsection (b), by striking District courts exercising jurisdiction over any juvenile and inserting the following: Not later than 7 days after the date on which a district court exercises jurisdiction over a juvenile, the district court . (d) Sealing; expungement (1) In general Chapter 403 of title 18, United States Code, is amended by adding at the end the following: 5043. Sealing (a) Automatic sealing of nonviolent offenses (1) In general Three years after the date on which a person who is adjudicated delinquent under this chapter for a juvenile nonviolent offense completes every term of probation, official detention, or juvenile delinquent supervision ordered by the court with respect to the offense, the court shall order the sealing of each juvenile record or portion thereof that relates to the offense if the person— (A) has not been convicted of a crime or adjudicated delinquent for an act of juvenile delinquency since the date of the disposition; and (B) is not engaged in active criminal court proceedings or juvenile delinquency proceedings. (2) Automatic nature of sealing The order of sealing under paragraph (1) shall require no action by the person whose juvenile records are to be sealed. (3) Notice of automatic sealing A court that orders the sealing of a juvenile record of a person under paragraph (1) shall inform the person of the sealing and the benefits of sealing the record, including protection from civil and criminal perjury, false swearing, and false statement laws with respect to the record. (b) Petitioning for early sealing of nonviolent offenses (1) Right to file sealing petition (A) In general During the 3-year period beginning on the date on which a person who is adjudicated delinquent under this chapter for a juvenile nonviolent offense completes every term of probation, official detention, or juvenile delinquent supervision ordered by the court with respect to the offense, the person may petition the court to seal the juvenile records that relate to the offense. (B) Notice of opportunity to file petition If a person is adjudged delinquent for a juvenile nonviolent offense, the court in which the person is adjudged delinquent shall inform the person of the potential eligibility of the person to file a sealing petition with respect to the offense upon completing every term of probation, official detention, or juvenile delinquent supervision ordered by the court with respect to the offense, and the necessary procedures for filing the sealing petition— (i) on the date on which the individual is adjudged delinquent; and (ii) on the date on which the individual has completed every term of probation, official detention, or juvenile delinquent supervision ordered by the court with respect to the offense. (2) Procedures (A) Notification of prosecutor and victims If a person files a sealing petition with respect to a juvenile nonviolent offense, the court in which the petition is filed shall provide notice of the petition— (i) to the Attorney General; (ii) to the extent reasonable and practicable, to each victim of the offense; and (iii) upon the request of the petitioner, to any other individual that the petitioner determines may testify as to— (I) the conduct of the petitioner since the date of the offense; or (II) the reasons that the sealing order should be entered. (B) Hearing (i) In general Not later than 6 months after the date on which a person files a sealing petition, the court shall conduct a hearing to determine whether to enter a sealing order for the person. (ii) Opportunity to testify and offer evidence (I) Petitioner The petitioner may testify or offer evidence at the sealing hearing in support of sealing. (II) Prosecutor The Attorney General may send a representative to testify or offer evidence at the sealing hearing in support of or against sealing. (III) Victims (aa) In general A victim who receives notice under subparagraph (A)(ii) may testify or offer evidence at the sealing hearing in support of or against sealing. (bb) Locating victims The inability of a court to locate a victim shall not delay a proceeding under this subsection, preclude the holding of a sealing hearing, or preclude the issuance of a sealing order. (IV) Other individuals An individual who receives notice under subparagraph (A)(iii) may testify or offer evidence at the sealing hearing as to the issues described in subclauses (I) and (II) of that paragraph. (C) Basis for decision In conducting the hearing under subparagraph (B), the court shall determine whether to grant the sealing petition after considering— (i) the evidence and testimony presented by the Attorney General and any victims at the hearing; (ii) the best interests of the petitioner; (iii) the age of the petitioner during his or her contact with the court or any law enforcement agency; (iv) the nature of the juvenile nonviolent offense; (v) the disposition of the case; (vi) the manner in which the petitioner participated in any court-ordered rehabilitative programming or supervised services; (vii) the length of the time period during which the petitioner has been without contact with any court or law enforcement agency; (viii) whether the petitioner has had any criminal or juvenile delinquency involvement since the disposition of the juvenile delinquency proceeding; and (ix) the adverse consequences the petitioner may suffer if the petition is not granted. (D) Waiting period after denial If the court denies a sealing petition, the petitioner may not file a new sealing petition with respect to the same juvenile nonviolent offense until the date that is 2 years after the date of the denial. (E) Universal form The Attorney General shall create a universal form, available over the Internet and in paper form, that an individual may use to file a sealing petition. (F) No fee for sealing There shall be no cost for filing a sealing petition. (G) Reporting Not later than 2 years after the date of enactment of this section, and each year thereafter, each district court of the United States shall issue a public report that— (i) describes— (I) the number of sealing petitions granted and denied under this subsection; and (II) the number of instances in which the Attorney General supported or opposed a sealing petition; and (ii) includes any supporting data that the court determines relevant and that does not name any petitioner. (H) Public defender eligibility (i) Petitioners under age 18 The district court shall appoint counsel in accordance with the plan of the district court in operation under section 3006A to represent a petitioner for purposes of this subsection if the petitioner is less than 18 years of age. (ii) Petitioners age 18 and older (I) Discretion of court In the case of a petitioner who not less than 18 years of age, the district court may, in its discretion, appoint counsel in accordance with the plan of the district court in operation under section 3006A to represent the petitioner for purposes of this subsection. (II) Considerations In determining whether to appoint counsel under subclause (I), the court shall consider— (aa) the anticipated complexity of the sealing hearing, including the number and type of witnesses called to advocate against the sealing of the records of the petitioner; and (bb) the potential for adverse testimony by a victim or a representative of the Attorney General. (c) Effect of sealing order (1) In general Except as provided in this subsection, if a court orders the sealing of a juvenile record under subsection (a) or (b) with respect to a juvenile nonviolent offense, the offense and any arrest, juvenile delinquency proceeding, adjudication, or other result of such proceeding relating to the offense shall be treated as if it never occurred. (2) Verification of sealing If a court orders the sealing of a juvenile record under subsection (a) or (b) with respect to a juvenile nonviolent offense, the court shall— (A) send a copy of the sealing order to each entity or person that possesses a record relating to the offense, including each law enforcement agency, each public or private correctional, detention, or treatment facility, each other public or private agency, and each person who provided treatment or rehabilitation services for the petitioner under an order of the court; (B) in the sealing order, require each entity or person described in paragraph (1) to— (i) seal the record; and (ii) submit a written certification to the court, under penalty of perjury, that the entity or person has sealed each paper and electronic copy of the record; (C) seal each paper and electronic copy of the record in the possession of the court; and (D) after receiving a written certification from each entity or person under paragraph (2)(B), notify the petitioner that each entity or person described in paragraph (1) has sealed each paper and electronic copy of the record. (3) Protection from perjury laws Except as provided in paragraph (5)(C)(i), the person who is the subject of a juvenile record sealed under subsection (a) or (b) or a parent of the person shall not be subject to prosecution under any civil or criminal provision of Federal or State law relating to perjury, false swearing, or making a false statement, including section 1001, 1621, 1622, or 1623, for failing to acknowledge the record or respond to any inquiry made of the person or the parent, relating to the record, for any purpose. (4) Law enforcement access to sealed records A law enforcement agency may access a sealed juvenile record of a person solely— (A) to determine whether the person is eligible for a first-time-offender diversion program; (B) for investigatory or prosecutorial purposes within the juvenile justice system; or (C) for a background check that relates to— (i) law enforcement employment; or (ii) any employment that requires a government security clearance. (5) Prohibition on disclosure (A) Prohibition Except as provided in subparagraph (C), it shall be unlawful to intentionally make or attempt to make an unauthorized disclosure of any information from a sealed juvenile record in violation of this section. (B) Penalty Any person who violates subparagraph (A) shall be fined under this title, imprisoned for not more than 1 year, or both. (C) Exceptions (i) Background checks A person who is the subject of a juvenile record sealed under this section shall, and a Federal or State law enforcement agency that possesses such a record may, disclose the record in the case of a background check for— (I) law enforcement employment; or (II) any employment that requires a government security clearance. (ii) Disclosure to Armed Forces A person may disclose information from a sealed juvenile record to the Secretaries of the military departments (or the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy) for the purpose of vetting an enlistment or commission, or with regard to any member of the Armed Forces. (iii) Authorization for person to disclose own record A person who is the subject of a juvenile record sealed under this section may choose to disclose the record. 5044. Expungement (a) Automatic expungement of certain records (1) Attorney General motion (A) Nonviolent offenses committed before a person turned 15 If a person is adjudicated delinquent under this chapter for a juvenile nonviolent offense committed before the person attained 15 years of age, on the date on which the person attains 18 years of age, the Attorney General shall file a motion in the district court of the United States in which the person was adjudicated delinquent requesting that each juvenile record of the person that relates to the offense be expunged. (B) Arrests If a juvenile is arrested for an offense for which a juvenile delinquency proceeding is not instituted under this subchapter, the Attorney General shall file a motion in the district court of the United States that would have had jurisdiction of the proceeding requesting that each juvenile record relating to the arrest be expunged. (C) Expungement order Upon the filing of a motion in a district court of the United States with respect to a juvenile nonviolent offense under subparagraph (A) or an arrest for an offense under subparagraph (B), the court shall grant the motion and order that each juvenile record relating to the offense or arrest, as applicable, be expunged. (2) Dismissed cases If a district court of the United States dismisses an information with respect to a juvenile under this subchapter or finds a juvenile not to be delinquent in a juvenile delinquency proceeding under this subchapter, the court shall concurrently order that each juvenile record relating to the applicable proceeding be expunged. (3) Automatic nature of expungement An order of expungement under paragraph (1)(C) or (2) shall not require any action by the person whose records are to be expunged. (4) Notice of automatic expungement A court that orders the expungement of a juvenile record of a person under paragraph (1)(C) or (2) shall inform the person of the expungement and the benefits of expunging the record, including protection from civil and criminal perjury, false swearing, and false statement laws with respect to the record. (b) Petitioning for expungement of nonviolent offenses (1) In general A person who is adjudged delinquent under this chapter for a juvenile nonviolent offense committed on or after the date on which the person attained 15 years of age may petition the court in which the proceeding took place to order the expungement of the juvenile record that relates to the offense. (2) Procedures (A) Notification of prosecutor and victims If a person files an expungement petition with respect to a juvenile nonviolent offense, the court in which the petition is filed shall provide notice of the petition— (i) to the Attorney General; (ii) to the extent reasonable and practicable, to each victim of the offense; and (iii) upon the request of the petitioner, to any other individual that the petitioner determines may testify as to— (I) the conduct of the petitioner since the date of the offense; or (II) the reasons that the expungement order should be entered. (B) Hearing (i) In general Not later than 6 months after the date on which a person files an expungement petition, the court shall conduct a hearing to determine whether to enter an expungement order for the person. (ii) Opportunity to testify and offer evidence (I) Petitioner The petitioner may testify or offer evidence at the expungement hearing in support of expungement. (II) Prosecutor The Attorney General may send a representative to testify or offer evidence at the expungement hearing in support of or against expungement. (III) Victims (aa) In general A victim who receives notice under subparagraph (A)(ii) may testify or offer evidence at the expungement hearing in support of or against expungement. (bb) Locating victims The inability of a court to locate a victim shall not delay a proceeding under this subsection, preclude the holding of an expungement hearing, or preclude the issuance of an expungement order. (IV) Other individuals An individual who receives notice under subparagraph (A)(iii) may testify or offer evidence at the expungement hearing as to the issues described in subclauses (I) and (II) of that paragraph. (C) Basis for decision In conducting a hearing under subparagraph (B), the court shall determine whether to grant the expungement petition after considering— (i) the evidence and testimony presented by the Attorney General and any victims at the hearing; (ii) the best interests of the petitioner; (iii) the age of the petitioner during his or her contact with the court or any law enforcement agency; (iv) the nature of the juvenile nonviolent offense; (v) the disposition of the case; (vi) the manner in which the petitioner participated in any court-ordered rehabilitative programming or supervised services; (vii) the length of the time period during which the petitioner has been without contact with any court or any law enforcement agency; (viii) whether the petitioner has had any criminal or juvenile delinquency involvement since the disposition of the juvenile delinquency proceeding; and (ix) the adverse consequences the petitioner may suffer if the petition is not granted. (D) Waiting period after denial If the court denies an expungement petition, the petitioner may not file a new expungement petition with respect to the same offense until the date that is 2 years after the date of the denial. (E) Universal form The Attorney General shall create a universal form, available over the Internet and in paper form, that an individual may use to file an expungement petition. (F) No fee for expungement There shall be no cost for filing an expungement petition. (G) Reporting Not later than 2 years after the date of enactment of this section, and each year thereafter, each district court of the United States shall issue a public report that— (i) describes— (I) the number of expungement petitions granted and denied under this subsection; and (II) the number of instances in which the Attorney General supported or opposed an expungement petition; and (ii) includes any supporting data that the court determines relevant and that does not name any petitioner. (H) Public defender eligibility (i) Petitioners under age 18 The district court shall appoint counsel in accordance with the plan of the district court in operation under section 3006A to represent a petitioner for purposes of this subsection if the petitioner is less than 18 years of age. (ii) Petitioners age 18 and older (I) Discretion of court In the case of a petitioner who not less than 18 years of age, the district court may, in its discretion, appoint counsel in accordance with the plan of the district court in operation under section 3006A to represent the petitioner for purposes of this subsection. (II) Considerations In determining whether to appoint counsel under subclause (I), the court shall consider— (aa) the anticipated complexity of the expungement hearing, including the number and type of witnesses called to advocate against the expungement of the records of the petitioner; and (bb) the potential for adverse testimony by a victim or a representative of the Attorney General. (c) Effect of expunged juvenile record (1) In general Except as provided in this subsection, if a court orders the expungement of a juvenile record under subsection (a) or (b) with respect to a juvenile nonviolent offense— (A) the offense and any arrest, juvenile delinquency proceeding, adjudication, or other result of such proceeding relating to the offense shall be treated as if it never occurred; and (B) the person to whom the record pertains shall not be required to disclose the existence of the record. (2) Verification of expungement If a court orders the expungement of a juvenile record under subsection (a) or (b) with respect to a juvenile nonviolent offense, the court shall— (A) send a copy of the expungement order to each entity or person that possesses a record relating to the offense, including each law enforcement agency, each public or private correctional, detention, or treatment facility, each other public or private agency, and each person who provided treatment or rehabilitation services for the petitioner under an order of the court; (B) in the expungement order, require each entity or person described in paragraph (1) to— (i) destroy the record; and (ii) submit a written certification to the court, under penalty of perjury, that the entity or person has destroyed each paper and electronic copy of the record; (C) destroy each paper and electronic copy of the record in the possession of the court; and (D) after receiving a written certification from each entity or person under paragraph (2)(B), notify the petitioner that each entity or person described in paragraph (1) has destroyed each paper and electronic copy of the record. (3) Reply to inquiries In the case of an inquiry relating to a juvenile record of a person that is expunged under this section, the court in which the proceeding took place, each law enforcement officer, any agency that provided treatment or rehabilitation services to the person, and the person (except as provided in paragraph (6)) shall reply to the inquiry that no such juvenile record exists. (4) Protection from perjury laws Except as provided in paragraph (5), if a juvenile record of a person is expunged under this section, the person who is the subject of the record or a parent of the person shall not be subject to prosecution under any civil or criminal provision of Federal or State law relating to perjury, false swearing, or making a false statement, including section 1001, 1621, 1622, or 1623, for failing to acknowledge the record or respond to any inquiry made of the person or the parent, relating to the record, for any purpose. (5) Civil actions (A) In general If a person whose juvenile record is expunged under this section brings an action that might be defended with the contents of the record, there shall be a rebuttable presumption that the defendant has a complete defense to the action. (B) Showing by plaintiff In an action described in subparagraph (A), the plaintiff may rebut the presumption of a complete defense by showing that the contents of the expunged record would not prevent the defendant from being liable. (C) Duty to testify as to existence of record The court in which an action described in subparagraph (A) is filed may require the plaintiff to state under oath whether the plaintiff had a juvenile record and whether the record was expunged. (D) Proof of existence of juvenile record If the plaintiff in an action described in subparagraph (A) denies the existence of a juvenile record, the defendant may prove the existence of the record in any manner compatible with the applicable laws of evidence. (6) Authorization for person to disclose own record A person who is the subject of a juvenile record expunged under this section may choose to disclose the record. . (2) Technical and conforming amendment The table of sections for chapter 403 of title 18, United States Code, is amended by adding at the end the following: 5043. Sealing. 5044. Expungement. . (e) Juvenile solitary confinement (1) In general Chapter 403 of title 18, United States Code, as amended by subsection (d), is amended by adding at the end the following: 5045. Juvenile solitary confinement (a) Definitions In this section— (1) the term juvenile detention facility means any facility to which juveniles are committed, whether pursuant to an adjudication of delinquency under this subchapter or conviction for an offense; and (2) the term room confinement means the involuntary restriction of a juvenile alone in a cell, room, or other area for any reason. (b) Prohibition (1) In general The use of room confinement at a juvenile detention facility for discipline, punishment, retaliation, staffing shortages, administrative convenience, or any reason other than as a temporary response to the behavior of a juvenile that poses a serious and immediate risk of physical harm to the juvenile or others is prohibited. (2) Juveniles posing risk of harm to others or to self and others (A) Requirement to use least restrictive techniques (i) In general Before an employee of a juvenile detention facility places a juvenile in room confinement, the employee shall attempt to use less restrictive techniques, including— (I) talking with the juvenile to de-escalate the situation; and (II) when possible, bringing in other employees, qualified mental health professionals, or other juveniles to talk with the juvenile. (ii) Explanation Before an employee of a juvenile facility places a juvenile in room confinement, or immediately after doing so, the employee shall explain to the juvenile— (I) the reasons for the room confinement; and (II) the fact that the juvenile will be released from room confinement upon regaining self-control. (B) 3-hour maximum Except as provided in paragraph (3), if a juvenile is placed in room confinement because the juvenile poses a serious and immediate risk of physical harm to others or to the juvenile and others, the juvenile shall not remain in room confinement for more than 3 hours. (C) Release As soon as a juvenile placed in room confinement under subparagraph (A) is sufficiently under control so as to no longer pose a serious and immediate risk of physical harm to the juvenile or others, the juvenile shall be released from room confinement. (D) Spirit and purpose The use of consecutive periods of room confinement to evade the spirit and purpose of this subsection shall be prohibited. (E) Conditions A room used for room confinement for a juvenile shall— (i) have not less than 80 square feet of floor space; (ii) have adequate lighting, heating or cooling (as applicable), and ventilation for the comfort of the juvenile; (iii) be suicide-resistant and protrusion-free; and (iv) have reasonable access to water, toilet facilities, and hygiene supplies. (F) Access to services A juvenile placed in room confinement shall— (i) have access to appropriate medical and psychological services; and (ii) receive crisis intervention and one-on-one observation. (G) Risk of harm after 3 hours If, after 3 hours of room confinement, a juvenile continues to pose a serious and immediate risk of physical harm to others or to the juvenile and others— (i) the juvenile shall be transferred to another juvenile detention facility or internal location where services can be provided to the juvenile without relying on room confinement; or (ii) if the juvenile cannot be transferred to another juvenile detention facility or internal location in accordance with clause (i), an employee of the juvenile detention facility shall initiate a referral to a mental health facility that can meet the needs of the juvenile. (3) Juveniles posing risk of harm to self (A) In general A juvenile may be placed in room confinement to protect the juvenile from a serious and immediate risk of physical harm that the juvenile poses to himself or herself. (B) Release A juvenile placed in room confinement under subparagraph (A) shall be released— (i) immediately when the juvenile no longer poses a serious and immediate risk of physical harm to himself or herself; and (ii) not later than 30 minutes after being placed in room confinement. (C) Explanation Before placing a juvenile in room confinement under subparagraph (A) or immediately after doing so, an employee of a juvenile detention facility shall explain to the juvenile— (i) the reasons for the room confinement; and (ii) the fact that the juvenile will be released within 30 minutes. (c) Study and report Not later than 2 years after the date of enactment of this section, and each year thereafter, the Attorney General shall submit to Congress a report that— (1) contains a detailed description of the type of physical force, restraints, and room confinement used at juvenile detention facilities; and (2) describes the number of instances physical force, restraints, or room confinement are used at juvenile detention facilities, disaggregated by race, ethnicity, and gender. . (2) Technical and conforming amendment The table of sections for chapter 403 of title 18, United States Code, as amended by subsection (d), is amended by adding at the end the following: 5045. Juvenile solitary confinement. . 4. Study and report on cost savings from sealing and expungement provisions (a) Study (1) In general Not later than 5 years after the date of enactment of this Act, the Attorney General, in consultation with the Secretary of Labor and the Director of the Office of Management and Budget, shall conduct a study on the cost savings and broader economic impact of the sealing and expungement provisions in the amendments made by sections 2, 3, and 6 of this Act. (2) Considerations In conducting the study under paragraph (1), the Attorney General shall consider— (A) the reduction in recidivism and associated cost savings related to corrections and public safety; (B) increased economic activity by former offenders, including by conducting an analysis of the tax revenue generated by that activity; and (C) the economic impact on the household of former offenders and the children of former offenders. (b) Report Not later than 5 years after the date of enactment of this Act, the Attorney General shall submit to Congress a report on the study conducted under subsection (a). 5. TANF assistance and SNAP benefits (a) Amendment to ban on assistance Section 115 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (21 U.S.C. 862a) is amended— (1) in subsection (a)— (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and adjusting the margins accordingly; (B) in the matter preceding subparagraph (A), as redesignated— (i) by striking An individual and inserting the following: (1) Denial of assistance and benefits Except as provided in paragraph (2), an individual ; and (ii) by striking possession, use, or ; and (C) by adding at the end the following: (2) Exception for individuals who receive treatment and other individuals The prohibition under paragraph (1) shall not apply to an individual convicted of an offense described in paragraph (1) who— (A) has committed an offense that the court in which the individual is convicted (referred to in this paragraph as the court ) determines is rationally related to a substance abuse disorder; (B) (i) is on a waiting list for, is accepted for, successfully participates in, or has satisfactorily completed a substance abuse treatment program approved by the court; or (ii) has been determined by the court to not need substance abuse treatment; and (C) complies with all obligations imposed by the court. ; (2) in subsection (d), by striking the date of the enactment of this Act each place that term appears and inserting the date of enactment of the Record Expungement Designed to Enhance Employment Act of 2014 ; and (3) in subsection (f), by striking paragraph (5) and inserting the following: (5) Employment services, including job training programs and any other employment services that are funded using assistance or benefits referred to in subsection (a). . (b) Effect on State elections To opt out or limit period of prohibition (1) Definition In this subsection, the term TANF assistance or SNAP benefits means assistance or benefits referred to in section 115(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 21 U.S.C. 862a(a) ). (2) Effect A law enacted by a State under the authority under subparagraph (A) or (B) of subsection (d)(1) of section 115 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 21 U.S.C. 862a ) (as in effect on the day before the date of enactment of this Act), and any State law or regulation enacted to carry out the requirements of such section (as in effect on the day before the date of enactment of this Act), that imposes conditions on eligibility for TANF assistance or SNAP benefits that are more restrictive than the conditions on eligibility for TANF assistance or SNAP benefits under such section as amended by subsection (a) shall have no force or effect. 6. State incentives (a) COPS grants priority Section 1701(c) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd(c) ) is amended— (1) by striking In and inserting the following: (1) In general In ; (2) by striking where feasible and all that follows, and inserting the following: where feasible, to an application— (A) for hiring and rehiring additional career law enforcement officers that involves a non-Federal contribution exceeding the 25 percent minimum under subsection (g); or (B) from an applicant in a State that has in effect— (i) a law relating to the confidentiality, sealing, and expungement of juvenile records that is substantially similar to, or more generous to the former offender than, the amendments made by subsections (b) through (d) of section 3 of the Record Expungement Designed to Enhance Employment Act of 2014 ; (ii) a law prohibiting juvenile solitary confinement that is substantially similar to, or more restrictive than, the amendment made by subsection (e) of section 3 of the Record Expungement Designed to Enhance Employment Act of 2014 ; (iii) a law relating to the sealing of adult records that is substantially similar to, or more generous to the former offender than, the amendments made by section 2 of the Record Expungement Designed to Enhance Employment Act of 2014 ; (iv) subject to paragraph (2), a law that establishes that an adult criminal court may not have original jurisdiction over an individual who was less than 18 years of age when the individual committed an offense; (v) a law that allows an individual who has successfully sealed or expunged a criminal record to be free from civil and criminal perjury laws; or (vi) a law relating to the eligibility of individuals for assistance or benefits referred to in subsection (a) of section 115 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 21 U.S.C. 862a(a) ) that is no more restrictive than such section, as amended by section 5 of the Record Expungement Designed to Enhance Employment Act of 2014 . ; and (3) by adding at the end the following: (2) Juvenile transfer provisions Paragraph (1)(B)(iv) shall not be construed to preclude from preferential consideration an application from an applicant in a State that— (A) has in effect a law that authorizes the transfer of an individual who is less than 18 years of age to adult criminal court if the individual commits a specified offense or an offense that falls under a specified category of offenses; or (B) exercises other case-specific transfer mechanisms. (3) Degree of priority commensurate with degree of compliance If the Attorney General, in awarding grants under this part, gives preferential consideration to any application as authorized under paragraph (1)(B), the Attorney General shall base the degree of preferential consideration given to an application from an applicant in a particular State on the number of clauses under paragraph (1)(B) that the State has satisfied, relative to the number of such clauses that each other State has satisfied. . (b) Attorney General guidelines and technical assistance The Attorney General shall issue guidelines and provide technical assistance to assist States in complying with the incentive under section 1701(c)(1)(B) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd(c)(1)(B) ), as added by subsection (a). 7. Ensuring accuracy in the FBI background check system (a) In general Section 534 of title 28, United States Code, is amended by adding at the end the following: (g) Ensuring accuracy in the FBI background check system (1) Definitions In this subsection— (A) the term applicant means the individual to whom a record sought to be exchanged pertains; (B) the term incomplete , with respect to a record, means the record— (i) indicates that an individual was arrested but does not describe the offense for which the individual was arrested; or (ii) indicates that an individual was arrested or criminal proceedings were instituted against an individual but does not include the final disposition of the arrest or of the proceedings if a final disposition has been reached; (C) the term record means a record or other information collected under this section; (D) the term reporting jurisdiction means any person or entity that provides a record to the Attorney General under this section; and (E) the term requesting entity — (i) means a person or entity that seeks the exchange of a record for civil purposes that include employment, housing, credit, or any other type of application; and (ii) does not include a law enforcement or intelligence agency that seeks the exchange of a record for— (I) investigative purposes; or (II) purposes relating to— (aa) law enforcement employment; or (bb) employment that requires a government security clearance. (2) Periodic review and update of records Not later than 1 year after the date of enactment of the Record Expungement Designed to Enhance Employment Act of 2014 , and every 2 years thereafter, the Attorney General shall— (A) review each record for completeness and accuracy; and (B) to the extent feasible, update or correct each incomplete or inaccurate record. (3) Incomplete or inaccurate records If the Attorney General determines under paragraph (2)(A) that a record is incomplete or inaccurate, the Attorney General— (A) shall notify each relevant reporting jurisdiction that the record is incomplete or inaccurate; and (B) may not exchange the record with a requesting entity until the Attorney General updates or corrects the record. . (b) Report Not later than 2 years after the date of enactment of this Act, the Attorney General shall submit to Congress a report on the implementation of section 534(g) of title 28, United States Code, as added by subsection (a), that includes— (1) the number of exchanges of records or information for employment-related purposes made with entities in each State through the records system created under section 534 of title 28, United States Code; (2) appropriate statistical information to determine whether the exchange of records or information about arrests that did not result in convictions is affecting the employment opportunities of employees to whom those records or information pertain; (3) any prolonged failure of a reporting jurisdiction to comply with a request by the Attorney General for information about dispositions of arrests; and (4) the numbers of successful and unsuccessful challenges to the accuracy and completeness of records or information, by State where the records and information originated. 8. Report on statutory and regulatory restrictions and disqualifications based on criminal records (a) In general Not later than 2 years after the date of enactment of this Act, the Attorney General, in consultation with the Secretary of Labor and the Director of the Office of Personnel Management, shall submit to Congress a report on each Federal statute, regulation, or policy that authorizes a restriction on, or disqualification of, an applicant for employment or for a Federal license or permit based on the criminal record of the applicant. (b) Identification of information In the report submitted under subsection (a), the Attorney General shall— (1) identify each occupation, position, license, or permit to which a restriction or disqualification described in subsection (a) applies; and (2) for each occupation, position, license, or permit identified under paragraph (1), include— (A) a description of the restriction or disqualification; (B) the duration of the restriction or disqualification; (C) an evaluation of the rationale for the restriction or disqualification and its continuing usefulness; (D) the procedures, if any, to appeal, waive or exempt the restriction or disqualification based on a showing of rehabilitation or other relevant evidence; (E) any information available about the numbers of individuals restricted or disqualified on the basis of a criminal record; and (F) the identity of the Federal agency with jurisdiction over the restriction or disqualification.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5158ih/xml/BILLS-113hr5158ih.xml
|
113-hr-5159
|
I 113th CONGRESS 2d Session H. R. 5159 IN THE HOUSE OF REPRESENTATIVES July 22, 2014 Mr. George Miller of California (for himself, Ms. DeLauro , Ms. Schakowsky , Mr. Cummings , Mr. Honda , Ms. Moore , Mr. Nadler , Ms. Norton , Mr. Grayson , Mrs. Carolyn B. Maloney of New York , Mr. Conyers , Mr. Grijalva , Ms. Jackson Lee , Ms. Wilson of Florida , Ms. Hahn , Mr. Hinojosa , Mr. Holt , Ms. Fudge , Mr. Takano , Ms. Brown of Florida , Ms. Kelly of Illinois , Ms. Edwards , Ms. Clarke of New York , Mr. Rangel , Ms. Matsui , Mr. Johnson of Georgia , Mr. Pocan , Mr. Courtney , Mr. Ellison , and Mr. Danny K. Davis of Illinois ) introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committees on House Administration , Oversight and Government Reform , and the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To permit employees to request changes to their work schedules without fear of retaliation, and to ensure that employers consider these requests; and to require employers to provide more predictable and stable schedules for employees in certain growing low-wage occupations, and for other purposes.
1. Short title; findings (a) Short title This Act may be cited as the Schedules That Work Act . (b) Findings Congress finds the following: (1) The vast majority of the United States workforce today is juggling responsibilities at home and at work. Women are primary breadwinners or co-breadwinners in 63 percent of families in the United States and 26 percent of families with children are headed by single mothers. (2) Despite the dual responsibilities of today’s workforce, workers across the income spectrum have very little ability to make changes to their work schedules when those changes are needed to accommodate family responsibilities. Only 27 percent of employers allow all or most of their employees to periodically change their starting and quitting times. (3) Although low-wage workers are most likely to be raising children on their own, as more than half of mothers of young children in low-wage jobs are doing, low-wage workers have the least control over their work schedules and the most unpredictable schedules. For example— (A) roughly half of low-wage workers reported very little or no control over the timing of the hours they were scheduled to work; (B) many workers in low-wage jobs receive their schedules with very little advance notice and have work hours that vary significantly from week to week or month to month; (C) some workers in low-wage jobs are sent home from work when work is slow without being paid for their scheduled shift; (D) in some industries, the use of call-in shift requirements—requirements that workers call in to work to find out whether they will be scheduled to work later that day—has become common practice; and (E) at the same time, 20 to 30 percent of workers in low-wage jobs struggle with being required to work extra hours with little or no notice. (4) Unfair work scheduling practices make it difficult for low-wage workers to— (A) provide necessary care for children and other family members, including arranging child care; (B) qualify for and maintain eligibility for child care subsidies, due to fluctuations in income and work hours, or keep an appointment with a child care provider, due to not knowing how many hours or when the workers will be scheduled to work; (C) pursue workforce training; (D) get or keep a second job that some part-time workers need to make ends meet; and (E) arrange transportation to and from work. (5) Unpredictable and unstable schedules are prevalent in retail sales, food preparation and service, and building cleaning occupations, which are among the lowest-paid and fastest-growing occupations in the workforce today. For workers in those occupations, often difficult and sometimes abusive work scheduling practices combine with very low wages to make it extremely challenging to make ends meet. (6) Retail sales, food preparation and service, and building cleaning occupations are among those most likely to have unpredictable and unstable schedules. According to data from the Bureau of Labor Statistics, 66 percent of food service workers, 52 percent of retail workers, and 40 percent of janitors and housekeepers know their schedules only a week or less in advance. The average variation in work hours in a single month is 70 percent for food service workers, 50 percent for retail workers, and 40 percent for janitors and housekeepers. (7) Those are among the lowest-paid and fastest-growing occupations, accounting for 18 percent of workers in the economy, some 23,500,000 workers. The median pay for workers in those 3 occupations is between $9.15 and $10.44 per hour, and women make up more than half of the workers in those occupations. (8) Employers that have implemented fair work scheduling policies that allow workers to have more control over their work schedules, and provide more predictable and stable schedules, have experienced significant benefits, including reductions in absenteeism and workforce turnover, and increased employee morale and engagement. (9) This Act is a first step in responding to the needs of workers for a voice in the timing of their work hours and for more predictable schedules. 2. Definitions As used in this Act, the following definitions apply: (1) Bona fide business reason The term bona fide business reason means— (A) the identifiable burden of additional costs to an employer, including the cost of productivity loss, retraining or hiring employees, or transferring employees from one facility to another facility; (B) a significant detrimental effect on the employer’s ability to meet organizational needs or customer demand; (C) a significant inability of the employer, despite best efforts, to reorganize work among existing (as of the date of the reorganization) staff; (D) a significant detrimental effect on business performance; (E) insufficiency of work during the periods an employee proposes to work; (F) the need to balance competing scheduling requests when it is not possible to grant all such requests without a significant detrimental effect on the employer’s ability to meet organizational needs; or (G) such other reason as may be specified by the Secretary of Labor (or the corresponding administrative officer specified in section 8). (2) Career-related educational or training program The term career-related educational or training program means an educational or training program or program of study offered by a public, private, or nonprofit career and technical education school, institution of higher education, or other entity that provides academic education, career and technical education, or training (including remedial education or English as a second language, as appropriate), that is a program that leads to a recognized postsecondary credential (as identified under section 122(d) of the Workforce Innovation and Opportunity Act), and provides career awareness information. The term includes a program allowable under the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ), the Workforce Innovation and Opportunity Act, the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. ), or the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ), without regard to whether or not the program is funded under the corresponding Act. (3) Caregiver The term caregiver means an individual with the status of being a significant provider of— (A) ongoing care or education, including responsibility for securing the ongoing care or education, of a child; or (B) ongoing care, including responsibility for securing the ongoing care, of— (i) a person with a serious health condition who is in a family relationship with the individual; or (ii) a parent of the individual, who is age 65 or older. (4) Child The term child means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis to that child, who is— (A) under age 18; or (B) age 18 or older and incapable of self-care because of a mental or physical disability. (5) Covered employer (A) In general The term covered employer — (i) means any person engaged in commerce or in any industry or activity affecting commerce who employs 15 or more employees (described in paragraph (7)(A)); (ii) includes any person who acts, directly or indirectly, in the interest of such an employer to any of the employees (described in paragraph (7)(A)) of such employer; (iii) includes any successor in interest of such an employer; and (iv) includes an agency described in clause (iii) or (iv) of subparagraph (A) of section 101(4) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611(4) ), to which subparagraph (B) of such section shall apply. (B) Rule For purposes of determining the number of employees who work for a person described in subparagraph (A)(i), all employees (described in paragraph (7)(A)) performing work for compensation on a full-time, part-time, or temporary basis shall be counted, except that if the number of such employees who perform work for such a person for compensation fluctuates, the number may be determined for a calendar year based upon the average number of such employees who performed work for the person for compensation during the preceding calendar year. (C) Person In this paragraph, and paragraph (7), the term person has the meaning given the term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203). (6) Domestic partner The term domestic partner means the person recognized as being in a relationship with an employee under any domestic partnership, civil union, or similar law of the State or political subdivision of a State in which the employee resides. (7) Employee The term employee means an individual who is— (A) an employee, as defined in section 3(e) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(e) ), who is not described in any of subparagraphs (B) through (G); (B) a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); (C) a covered employee, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301), other than an applicant for employment; (D) a covered employee, as defined in section 411(c) of title 3, United States Code; (E) a Federal officer or employee covered under subchapter V of chapter 63 of title 5, United States Code; (F) an employee of the Library of Congress; or (G) an employee of the Government Accountability Office. (8) Employer The term employer means a person— (A) who is— (i) a covered employer, as defined in paragraph (4), who is not described in any of clauses (ii) through (vii); (ii) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991; (iii) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995; (iv) an employing office, as defined in section 411(c) of title 3, United States Code; (v) an employing agency covered under subchapter V of chapter 63 of title 5, United States Code; (vi) the Librarian of Congress; or (vii) the Comptroller General of the United States; and (B) who is engaged in commerce (including government), in the production of goods for commerce, or in an enterprise engaged in commerce (including government) or in the production of goods for commerce. (9) Family relationship The term family relationship means a relationship with a child, spouse, domestic partner, parent, grandchild, grandparent, sibling, or parent of a spouse or domestic partner. (10) Grandchild The term grandchild means the child of a child. (11) Grandparent The term grandparent means the parent of a parent. (12) Minimum number of expected work hours The term minimum number of expected work hours means the minimum number of hours an employee will be assigned to work on a weekly or monthly basis. (13) Parent The term parent means a biological or adoptive parent, a stepparent, or a person who stood in a parental relationship to an employee when the employee was a child. (14) Parental relationship The term parental relationship means a relationship in which a person assumed the obligations incident to parenthood for a child and discharged those obligations before the child reached adulthood. (15) Part-time employee The term part-time employee means an individual who works fewer than 30 hours per week on average during any 1-month period. (16) Retail, food service, or cleaning employee (A) In general The term retail, food service, or cleaning employee means an individual employee who is employed in any of the following occupations, as described by the Bureau of Labor Statistics Standard Occupational Classification System (as in effect on the day before the date of enactment of this Act): (i) Retail sales occupations consisting of occupations described in 41–1010 and 41–2000, and all subdivisions thereof, of such System, which includes first-line supervisors of sales workers, cashiers, gaming change persons and booth cashiers, counter and rental clerks, parts salespersons, and retail salespersons. (ii) Food preparation and serving related occupations as described in 35–0000, and all subdivisions thereof, of such System, which includes supervisors of food preparation and serving workers, cooks and food preparation workers, food and beverage serving workers, and other food preparation and serving related workers. (iii) Building cleaning occupations as described in 37–2011, 37–2012 and 37–2019 of such System, which includes janitors and cleaners, maids and housekeeping cleaners, and building cleaning workers. (B) Exclusions Notwithstanding subparagraph (A), the term retail, food service, or cleaning employee does not include any person employed in a bona fide executive, administrative, or professional capacity, as defined for purposes of section 13(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 213(a)(1) ). (17) Secretary The term Secretary means the Secretary of Labor. (18) Serious health condition The term serious health condition has the meaning given the term in section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611). (19) Sibling The term sibling means a brother or sister, whether related by half blood, whole blood, or adoption, or as a stepsibling. (20) Split shift The term split shift means a schedule of daily hours in which the hours worked are not consecutive, except that a schedule in which the total time out for meals does not exceed 1 hour shall not be treated as a split shift. (21) Spouse (A) In general The term spouse means a person with whom an individual entered into— (i) a marriage as defined or recognized under State law in the State in which the marriage was entered into; or (ii) in the case of a marriage entered into outside of any State, a marriage that is in the place where entered into and could have been entered into in at least 1 State. (B) Same-sex or common law marriage Such term includes an individual in a same-sex or common law marriage that meets the requirements of subparagraph (A). (22) State The term State has the meaning given the term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203). (23) Work schedule The term work schedule means those days and times within a work period when an employee is required by an employer to perform the duties of the employee's employment for which the employee will receive compensation. (24) Work schedule change The term work schedule change means any modification to an employee’s work schedule, such as an addition or reduction of hours, cancellation of a shift, or a change in the date or time of a work shift, by an employer. (25) Work Shift The term work shift means the specific hours of the workday during which an employee works. (26) Various additional terms (A) Commerce terms The terms commerce and industry or activity affecting commerce have the meanings given the terms in section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611). (B) Employ The term employ has the meaning given the term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203). 3. Right to request and receive a flexible, predictable or stable work schedule (a) Right To request An employee may apply to the employee's employer to request a change in the terms and conditions of employment as they relate to— (1) the number of hours the employee is required to work or be on call for work; (2) the times when the employee is required to work or be on call for work; (3) the location where the employee is required to work; (4) the amount of notification the employee receives of work schedule assignments; and (5) minimizing fluctuations in the number of hours the employee is scheduled to work on a daily, weekly, or monthly basis. (b) Employer obligation To engage in an interactive process (1) In general If an employee applies to the employee's employer to request a change in the terms and conditions of employment as set forth in subsection (a), the employer shall engage in a timely, good faith interactive process with the employee that includes a discussion of potential schedule changes that would meet the employee’s needs. (2) Result Such process shall result in— (A) either granting or denying the request; (B) in the event of a denial, considering alternatives to the proposed change that might meet the employee’s needs and granting or denying a request for an alternative change in the terms and conditions of employment as set forth in subsection (a); and (C) in the event of a denial, stating the reason for denial. (3) Information If information provided by the employee making a request for a change requires clarification, the employer shall explain what further information is needed and give the employee reasonable time to produce the information. (c) Requests related to caregiving, enrollment in education or training, or a second job If an employee makes a request for a change in the terms and conditions of employment as set forth in subsection (a) because of a serious health condition of the employee, due to the employee’s responsibilities as a caregiver, or due to the employee's enrollment in a career-related educational or training program, or if a part-time employee makes a request for such a change for a reason related to a second job, the employer shall grant the request, unless the employer has a bona fide business reason for denying the request. (d) Other requests If an employee makes a request for a change in the terms and conditions of employment as set forth in subsection (a), for a reason other than those reasons set forth in subsection (c), the employer may deny the request for any reason that is not unlawful. If the employer denies such a request, the employer shall provide the employee with the reason for the denial, including whether any such reason was a bona fide business reason. 4. Requirements for reporting time pay, split shift pay, and advance notice of work schedules (a) Reporting time pay requirement An employer shall pay a retail, food service, or cleaning employee— (1) for at least 4 hours at the employee’s regular rate of pay for each day on which the retail, food service, or cleaning employee reports for work under specific instructions but is given less than four hours of work, except that if the retail, food service, or cleaning employee’s scheduled hours are less than 4 hours, such retail, food service, or cleaning employee shall be paid for the employee’s scheduled hours for that day if given less than the scheduled hours of work; and (2) for at least 1 hour at the employee’s regular rate of pay for each day the retail, food service, or cleaning employee is given specific instructions to contact the employee's employer, or wait to be contacted by the employer, less than 24 hours in advance of the start of a potential work shift to determine whether the employee must report to work for such shift. (b) Split shift pay requirement An employer shall pay a retail, food service, or cleaning employee for one additional hour at the retail, food service, or cleaning employee’s regular rate of pay for each day during which the retail, food service, or cleaning employee works a split shift. (c) Advance notice requirement (1) Initial schedule On or before a new retail, food service, or cleaning employee’s first day of work, the employer shall inform the retail, food service, or cleaning employee in writing of the employee's work schedule and the minimum number of expected work hours the retail, food service, or cleaning employee will be assigned to work per month. (2) Change to schedule Except as provided in paragraph (3), if the retail, food service, or cleaning employee’s work schedule changes from the work schedule of which the retail, food service, or cleaning employee was informed pursuant to paragraph (1), the employer shall provide each retail, food service, or cleaning employee with the employee's new work schedule not less than 14 days before the first day of the new work schedule. If the expected minimum number of work hours a retail, food service, or cleaning employee will be assigned changes, the employer shall also provide notification of that change, not less than 14 days in advance of the first day this change will go into effect. Nothing in this subsection shall be construed to prohibit an employer from providing greater advance notice of a retail, food service, or cleaning employee’s work schedule than is required under this section. (3) Work schedule changes made with less than 24 hours’ notice An employer may make work schedule changes as needed, including by offering additional hours of work to retail, food service, or cleaning employees beyond those previously scheduled, but an employer shall be required to provide one extra hour of pay at the retail, food service, or cleaning employee’s regular rate for each shift that is changed with less than 24 hours’ notice, except in the case of the need to schedule the retail, food service, or cleaning employee due to the unforeseen unavailability of a retail, food service, or cleaning employee previously scheduled to work that shift. (4) Notifications in writing The notifications required under paragraphs (1) and (2) shall be made to the employee in writing. Nothing in this subsection shall be construed as prohibiting an employer from using any additional means of notifying a retail, food service, or cleaning employee of the employee's work schedule. (5) Schedule posting requirement Every employer employing any retail, food service, or cleaning employee subject to this Act shall post the schedule and keep it posted in a conspicuous place in every establishment where such retail, food service, or cleaning employee is employed so as to permit them to observe readily a copy. Availability of that schedule by electronic means accessible by all employees of that employer shall be considered compliance with this subsection. (6) Employee shift trading Nothing in this subsection shall be construed to prevent an employer from allowing a retail, food service, or cleaning employee to work in place of another employee who has been scheduled to work a particular shift as long as the change in schedule is mutually agreed upon by the employees. An employer shall not be subject to the requirements of paragraph (2) or (3) for such voluntary shift trades. (d) Exception The requirements in subsections (a), (b), and (c) shall not apply during periods when regular operations of the employer are suspended due to events beyond the employer’s control. 5. Prohibited Acts (a) Interference with rights It shall be unlawful for any employer to interfere with, restrain, or deny the exercise or the attempt to exercise, any right of an employee as set forth in section 3 or of a retail, food service, or cleaning employee as set forth in section 4. (b) Retaliation prohibited It shall be unlawful for any employer to discharge, threaten to discharge, demote, suspend, reduce work hours of, or take any other adverse employment action against any employee in retaliation for exercising the rights of an employee under this Act or opposing any practice made unlawful by this Act. For purposes of section 3, such retaliation shall include taking an adverse employment action against any employee on the basis of that employee’s eligibility or perceived eligibility to request or receive a change in the terms and conditions of employment, as described in such section, on the basis of a reason set forth in section 3(c). (c) Interference with Proceedings or Inquiries It shall be unlawful for any person to discharge or in any other manner discriminate against any individual because such individual— (1) has filed any charge, or has instituted or caused to be instituted any proceeding, under or related to this Act; (2) has given or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this Act; or (3) has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this Act. 6. Remedies and enforcement (a) Investigative authority (1) In general To ensure compliance with this Act, or any regulation or order issued under this Act, the Secretary shall have, subject to paragraph (3), the investigative authority provided under section 11(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(a)). (2) Obligation to keep and preserve records Each employer shall make, keep, and preserve records pertaining to compliance with this Act in accordance with regulations issued by the Secretary under section 8. (3) Required submissions generally limited to an annual basis The Secretary shall not under the authority of this subsection require any employer to submit to the Secretary any books or records more than once during any 12-month period, unless the Secretary has reasonable cause to believe there may exist a violation of this Act or any regulation or order issued pursuant to this Act, or is investigating a charge pursuant to subsection (c). (4) Subpoena powers For the purposes of any investigation provided for in this section, the Secretary shall have the subpoena authority provided for under section 9 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 209 ). (b) Civil action by employees (1) Liability Any employer who violates section 5(a) (with respect to a right set forth in section 4) or subsection (b) or (c) of section 5 (referred to in this section as a covered provision ) shall be liable to any employee affected for— (A) damages equal to the amount of— (i) any wages, salary, employment benefits (as defined in section 101 of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611 )), or other compensation denied, lost, or owed to such employee by reason of the violation; or (ii) in a case in which wages, salary, employment benefits (as so defined), or other compensation have not been denied, lost, or owed to the employee, any actual monetary losses sustained by the employee as a direct result of the violation; (B) interest on the amount described in subparagraph (A) calculated at the prevailing rate; (C) an additional amount as liquidated damages equal to the sum of the amount described in subparagraph (A) and the interest described in subparagraph (B), except that if an employer who has violated a covered provision proves to the satisfaction of the court that the act or omission which violated the covered provision was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation of a covered provision, such court may, in the discretion of the court, reduce the amount of liability to the amount and interest determined under subparagraphs (A) and (B), respectively; and (D) such equitable relief as may be appropriate, including employment, reinstatement, and promotion. (2) Right of Action An action to recover the damages or equitable relief set forth in paragraph (1) may be maintained against any employer (including a public agency) in any Federal or State court of competent jurisdiction by any one or more employees for and on behalf of— (A) the employees; or (B) the employees and other employees similarly situated. (3) Fees and Costs The court in such an action shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney’s fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant. (4) Limitations The right provided by paragraph (2) to bring an action by or on behalf of any employee shall terminate on the filing of a complaint by the Secretary in an action under subsection (c)(3) in which a recovery is sought of the damages described in paragraph (1)(A) owing to an employee by an employer liable under paragraph (1) unless the action described is dismissed without prejudice on motion of the Secretary. (c) Actions by the Secretary (1) Administrative Action The Secretary shall receive, investigate, and attempt to resolve complaints of violations of this Act in the same manner that the Secretary receives, investigates, and attempts to resolve complaints of violations of sections 6 and 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 and 207), and may issue an order making determinations, and assessing a civil penalty described in paragraph (4) (in accordance with paragraph (4)), with respect to such an alleged violation. (2) Administrative Review An affected person who takes exception to an order issued under paragraph (1) may request review of and a decision regarding such an order by an administrative law judge. In reviewing the order, the administrative law judge may hold an administrative hearing concerning the order, in accordance with the requirements of sections 554, 556, and 557 of title 5, United States Code. Such hearing shall be conducted expeditiously. If no affected person requests such review within 60 days after the order is issued under paragraph (1), the order shall be considered to be a final order that is not subject to judicial review. (3) Civil action The Secretary may bring an action in any court of competent jurisdiction on behalf of aggrieved employees to— (A) restrain violations of this Act; (B) award such equitable relief as may be appropriate, including employment, reinstatement, and promotion; and (C) in the case of a violation of a covered provision, recover the damages and interest described in subparagraphs (A) through (C) of subsection (b)(1). (4) Civil penalty An employer who willfully and repeatedly violates— (A) paragraph (1), (4), or (5) of section 4(c) shall be subject to a civil penalty in an amount to be determined by the Secretary, but not to exceed $100 per violation; and (B) subsection (b) or (c) of section 5 shall be subject to a civil penalty in an amount to be determined by the Secretary, but not to exceed $1,100 per violation. (d) Limitation (1) In general Except as provided in paragraph (2), an action may be brought under this section not later than 2 years after the date of the last event constituting the alleged violation for which the action is brought. (2) Willful Violation In the case of such action brought for a willful violation of section 5, such action may be brought within 3 years of the date of the last event constituting the alleged violation for which such action is brought. (3) Commencement In determining when an action is commenced by the Secretary under this section for the purposes of this subsection, it shall be considered to be commenced on the date when the complaint is filed. 7. Notice and posting (a) In general Each employer shall post and keep posted, in conspicuous places on the premises of the employer where notices to employees and applicants for employment are customarily posted, a notice, to be prepared or approved by the Secretary (or the corresponding administrative officer specified in section 8) setting forth excerpts from, or summaries of, the pertinent provisions of this Act and information pertaining to the filing of a complaint under this Act. (b) Penalty Any employer that willfully violates this section may be assessed a civil money penalty not to exceed $100 for each separate offense. 8. Regulations (a) In general Except as provided in subsections (b) through (f), not later than 180 days after the date of enactment of this Act, the Secretary shall prescribe such regulations as may be necessary to carry out this Act. (b) Board Not later than 180 days after the date of enactment of this Act, the Board of Directors of the Office of Compliance shall prescribe such regulations as may be necessary to carry out this Act with respect to employees described in section 4(7)(C). (c) President Not later than 180 days after the date of enactment of this Act, the President shall prescribe such regulations as may be necessary to carry out this Act with respect to employees described in section 4(7)(D). (d) Office of Personnel Management Not later than 180 days after the date of enactment of this Act, the Office of Personnel Management shall prescribe such regulations as may be necessary to carry out this Act with respect to employees described in section 4(7)(E). (e) Librarian of Congress Not later than 180 days after the date of enactment of this Act, the Librarian of Congress shall prescribe such regulations as may be necessary to carry out this Act with respect to employees of the Library of Congress. (f) Comptroller General Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall prescribe such regulations as may be necessary to carry out this Act with respect to employees of the Government Accountability Office. 9. Research, education, and technical assistance program (a) In general The Secretary shall provide information and technical assistance to employers, labor organizations, and the general public concerning compliance with this Act. (b) Program In order to achieve the objectives of this Act— (1) the Secretary, acting through the Administrator of the Wage and Hour Division of the Department of Labor, shall issue guidance on compliance with this Act regarding providing a flexible, predictable, or stable work environment through changes in the terms and conditions of employment as provided in section 3(a); and (2) the Secretary shall carry on a continuing program of research, education, and technical assistance, including— (A) (i) conducting pilot programs that implement fairer work schedules, including by promoting cross training, providing three weeks or more advance notice of schedules, providing employees with a minimum number of hours of work, and using computerized scheduling software to provide more flexible, predictable, and stable schedules for employees; and (ii) evaluating the results of such pilot programs for employees, employee's families, and employers; (B) publishing and otherwise making available to employers, labor organizations, professional associations, educational institutions, the various communication media, and the general public the findings of studies regarding fair work scheduling policies and other materials for promoting compliance with this Act; (C) sponsoring and assisting State and community informational and educational programs; and (D) providing technical assistance to employers, labor organizations, professional associations, and other interested persons on means of achieving and maintaining compliance with the provisions of this Act. (c) GAO Study (1) Study The Comptroller General of the United States shall conduct a study on— (A) the impact of difficult scheduling practices on employees and employers, including unpredictable and unstable schedules and schedules over which employees have little control, and particularly how these scheduling practices impact absenteeism, workforce turnover, and employees' ability to meet their caregiving responsibilities; (B) the prevalence in occupations not described in section 2(16)(A) of employees routinely receiving inadequate advance notice of the shifts or hours of the employees, being assigned split shifts, being sent home from work prior to the completion of their scheduled shift without being paid for the hours in their scheduled shift, being assigned call-in shifts (where the employee is required to contact the employer, or wait to be contacted by the employer, less than 24 hours in advance of the potential work shift to determine whether the employee must report to work), or being called into work outside of scheduled hours; (C) the effects on employees in occupations not described in section 2(16)(A) of providing advance notice of work schedules, reporting time pay when employees are sent home without working their full scheduled shift or are assigned to call-in shifts but given no work for those shifts, and split shift pay when employees are assigned split shifts; and (D) the effects on employers in occupations not described in section 2(16)(A) of providing advance notice of work schedules, reporting time pay when employees are sent home without working their full scheduled shift or assigned to call-in shifts but given no work for those shifts, and split shift pay when employees are assigned split shifts. (2) Reports Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall prepare and submit a report to the appropriate committees of Congress concerning the initial results of the study conducted pursuant to paragraph (1). Not later than 5 years after the date of enactment of this Act, the Comptroller General shall prepare and submit a follow-up report to such committees concerning the results of such study. 10. Rights retained by employees This Act provides minimum requirements and shall not be construed to preempt, limit, or otherwise affect the applicability of any other law, regulation, requirement, policy, or standard that provides for greater rights for employees than are required in this Act. 11. Exemption This Act shall not apply to any employee covered by a bona fide collective bargaining agreement if the terms of the collective bargaining agreement include terms that govern work scheduling practices. 12. Effect on other law Nothing in this Act shall be construed as creating or imposing any requirement in conflict with any Federal or State law or regulation (including the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611 et seq. ), the National Labor Relations Act ( 29 U.S.C. 151 et seq. ), and title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. )), nor shall anything in this Act be construed to diminish or impair the rights of an employee under any valid collective bargaining agreement.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5159ih/xml/BILLS-113hr5159ih.xml
|
113-hr-5160
|
I 113th CONGRESS 2d Session H. R. 5160 IN THE HOUSE OF REPRESENTATIVES July 22, 2014 Mrs. Blackburn introduced the following bill; which was referred to the Committee on the Judiciary A BILL To prevent the expansion of the Deferred Action for Childhood Arrivals program unlawfully created by Executive memorandum on August 15, 2012.
1. Limitation on Deferred Action for Childhood Arrivals; restrictions on employment authorization for aliens not in lawful status No agency or instrumentality of the Federal Government may use Federal funding or resources— (1) to consider or adjudicate any new or previously denied application of any alien requesting consideration of deferred action for childhood arrivals, as authorized by Executive memorandum on August 15, 2012; or (2) to authorize any alien to work in the United States if such alien— (A) was not lawfully admitted into the United States in compliance with the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ); and (B) is not in lawful status in the United States on the date of the enactment of this Act.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5160ih/xml/BILLS-113hr5160ih.xml
|
113-hr-5161
|
I 113th CONGRESS 2d Session H. R. 5161 IN THE HOUSE OF REPRESENTATIVES July 22, 2014 Mr. Latta (for himself, Mr. Welch , Mrs. Blackburn , and Ms. Eshoo ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To promote the non-exclusive use of electronic labeling for devices licensed by the Federal Communications Commission.
1. Short title This Act may be cited as the Enhance Labeling, Accessing, and Branding of Electronic Licenses Act of 2014 or the E-LABEL Act . 2. Findings Congress finds the following: (1) The Federal Communications Commission (referred to in this section as the Commission ) first standardized physical labels for licensed products such as computers, phones, and other electronic devices in 1973, and the Commission has continually refined physical label requirements over time. (2) As devices become smaller, compliance with physical label requirements can become more difficult and costly. (3) Many manufacturers and consumers of licensed devices in the United States would prefer to have the option to provide or receive important Commission labeling information digitally on the screen of the device, at the discretion of the user. (4) An electronic labeling option would give flexibility to manufacturers in meeting labeling requirements. 3. Authorization for Federal Communications Commission to allow electronic labeling Title VII of the Communications Act of 1934 ( 47 U.S.C. 601 et seq. ) is amended by adding at the end the following: 720. Optional electronic labeling of communications equipment (a) Definitions In this section— (1) the term electronic labeling means displaying required labeling and regulatory information electronically; and (2) the term radiofrequency device with display means any equipment or device that— (A) is required under regulations of the Commission to be authorized by the Commission before the equipment or device may be marketed or sold within the United States; and (B) has the capability to digitally display required labeling and regulatory information. (b) Requirement To promulgate regulations for electronic labeling Not later than 9 months after the date of enactment of the Enhance Labeling, Accessing, and Branding of Electronic Licenses Act of 2014 , the Commission shall promulgate regulations or take other appropriate action, as necessary, to allow manufacturers of radiofrequency devices with display the option to use electronic labeling for the equipment in place of affixing physical labels to the equipment. . 4. Savings clause The amendment made by section 3 shall not be construed to affect the authority of the Federal Communications Commission under section 302 of the Communications Act of 1934 ( 47 U.S.C. 302a ) to provide for electronic labeling of devices.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5161ih/xml/BILLS-113hr5161ih.xml
|
113-hr-5162
|
I 113th CONGRESS 2d Session H. R. 5162 IN THE HOUSE OF REPRESENTATIVES July 22, 2014 Mr. Goodlatte introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Act entitled An Act to allow a certain parcel of land in Rockingham County, Virginia, to be used for a child care center to remove the use restriction, and for other purposes.
1. Removal of use restriction The Act entitled An Act to allow a certain parcel of land in Rockingham County, Virginia, to be used for a child care center , approved October 31, 1990 ( Public Law 101–479 ), is amended to read as follows: 1. Removal of use restriction (a) In general Notwithstanding any restrictions in the deed, on and after the date of the enactment of this Act, the parcel comprised of approximately 3.03 acres of land transferred by the United States on April 11, 1989, to the county of Rockingham, Virginia, in deed book number 953 at page 600, together with improvements thereon may be used by the county as if the land had been transferred in fee simple with no use or other restrictions. (b) Documentation As soon as practical after the date of the enactment of this Act, the Secretary of the Interior shall take such actions as are necessary to issue a fee simple deed with no restrictions to the land described in subsection (a) to the county of Rockingham, Virginia. .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5162ih/xml/BILLS-113hr5162ih.xml
|
113-hr-5163
|
I 113th CONGRESS 2d Session H. R. 5163 IN THE HOUSE OF REPRESENTATIVES July 22, 2014 Mr. Cassidy 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 provide for the expedited processing of unaccompanied alien children illegally entering the United States, and for other purposes.
1. Equal treatment of unaccompanied alien children 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 paragraph heading to read as follows: Rules for unaccompanied alien children ; (ii) in subparagraph (A), by striking who is a national or habitual resident of a country that is contiguous with the United States ; (iii) in subparagraph (B)— (I) in the matter preceding clause (i), by striking may and inserting shall ; and (II) in clause (ii), by inserting not later than 72 hours after the child is screened under paragraph (4) by placing the child on the next available flight to such country, subject to determinations of cost, feasibility and any repatriation agreements with such country before the period at the end; and (iv) in subparagraph (C), by striking countries contiguous to the United States and inserting countries from which large numbers of unaccompanied alien children are unlawfully entering the United States ; (B) in paragraph (4)— (i) by striking Within 48 hours of and inserting the following: (A) In general Not later than 48 hours after ; and (ii) by striking Nothing in this paragraph and inserting the following: (B) Gang affiliation If an immigration officer determines that an unaccompanied alien child is, or has been, affiliated with a criminal street gang (as defined in section 521(a) of title 18, United States Code), the child shall be treated in accordance with paragraph (2)(B). (C) Savings provision Nothing in this paragraph ; and (C) in paragraph (5)(D), by striking from a contiguous country subject to exceptions under subsection (a)(2) and inserting described in paragraph (2)(A) ; and (2) in subsection (c)— (A) by striking paragraphs (2) through (4); (B) by redesignating paragraphs (5) and (6) as paragraphs (3) and (4), respectively; and (C) by inserting after paragraph (1) the following: (2) Mandatory detention for unaccompanied alien children An unaccompanied alien child who is apprehended by U.S. Border Patrol or U.S. Immigration and Customs Enforcement shall be detained and remain in the custody of the Department of Homeland Security until the child— (A) voluntarily departs from the United States in accordance with section 240B of the Immigration and Nationality Act ( 8 U.S.C. 1229c ); (B) is expeditiously removed from the United States in accordance with— (i) an order of removal issued in accordance with section 235(b)(1) of such Act ( 8 U.S.C. 1225(b)(1) ); or (ii) a final order of removal issued at the conclusion of special removal proceedings conducted pursuant to section 240 of such Act ( 8 U.S.C. 1229a ); or (C) is legally admitted into the United States as— (i) a refugee under section 207 of such Act ( 8 U.S.C. 1157 ); or (ii) an asylee under section 208 of such Act ( 8 U.S.C. 1158 ). . 2. Expedited due process and screening of unaccompanied alien children (a) 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) Biometric data collection The inspection and screening required under paragraph (1) shall include the collection of biometric data from each unaccompanied alien child, including photographs and fingerprints. (3) 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 substantiated 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 substantiated 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 substantiated 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 substantiated 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 substantiated fear of persecution (A) In general Subject to subparagraph (C), if the asylum officer determines that an alien does not have a substantiated 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 substantiated 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 substantiated 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 Department of Homeland Security— (i) pending a final determination of substantiated fear of persecution; and (ii) after a determination that the alien does not have 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. . (b) 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. . 3. Asylum seekers (a) Refugee defined Section 101(a)(42) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(42) ) is amended— (1) in subparagraph (A), by striking because of persecution or a well-founded fear of persecution on account of and inserting the alien’s life or freedom would be threatened in that country because of the alien’s ; and (2) in subparagraph (B), by striking who is persecuted or who has a well-founded fear of persecution on account of and inserting the person’s life or freedom is threatened if the person remains in that country because of the person’s . (b) Mandatory detention Section 208(d) of the Immigration and Nationality Act ( 8 U.S.C. 1158(d) ) is amended by adding at the end the following: (8) Detention The Secretary of Homeland Security shall detain any alien seeking asylum under this section until the alien— (A) is removed from the United States in accordance with— (i) an order of removal issued in accordance with section 235(b)(1); or (ii) a final order of removal issued at the conclusion of special removal proceedings conducted pursuant to section 240; or (B) granted asylum under subsection (b). . 4. Extension of bar to reentry Section 212(a)(9) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(9) ) is amended— (1) in subparagraph (A)(i) by striking 5 years and inserting 10 years ; and (2) in subparagraph (B)(i)(I), by striking 3 years and inserting 10 years . 5. Reporting requirement The Secretary of Homeland Security shall submit an annual report to Congress that identifies, for the previous 12-month period— (1) the number of aliens unlawfully present in the United States who were apprehended by, or placed in the physical custody of, U.S. Border Patrol or U.S. Immigration and Customs Enforcement; (2) the number of aliens described in paragraph (1) who were deported from the United States pursuant to a final order of removal; (3) the number of aliens described in paragraph (1) who departed from the United States without an order of removal (voluntary departures); and (4) the number of aliens who were granted refugee status or asylum. 6. Sanctuary cities The Secretary of Homeland Security may not make any funds available to carry out the Criminal Alien Program of the U.S. Immigration and Customs Enforcement— (1) to a State or local government entity that has in place a law or policy in contravention of section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1373 ); or (2) to a State or political subdivision of a State that has in place a law or policy that prevents the State or political subdivision of a State from carrying out an agreement that the State or political subdivision of the State entered into pursuant to section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357 (g)). 7. Public service announcements Beginning not later than 120 days after the date of the enactment of this Act, the Secretary of State shall include in any public service announcement relating to immigration to the United States for broadcast on the radio and on television in El Salvador, Guatemala, Honduras, or Mexico, or for publication on the Internet in such a country, the penalties for entering the United States in contravention of the immigrations laws (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)).
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5163ih/xml/BILLS-113hr5163ih.xml
|
113-hr-5164
|
I 113th CONGRESS 2d Session H. R. 5164 IN THE HOUSE OF REPRESENTATIVES July 22, 2014 Mr. Pearce (for himself, Mr. Hudson , Mr. Bishop of Utah , Mr. Posey , Mr. Labrador , Mr. Lamborn , Mr. Brooks of Alabama , Mr. Marchant , Mr. Wenstrup , Mrs. Lummis , Mr. Fleming , Mr. Neugebauer , Mr. Hall , Mr. Stewart , Mr. LaMalfa , Mr. Price of Georgia , Mr. McClintock , and Mr. Gosar ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To clarify that the Secretary of Homeland Security may undertake law enforcement and border security activities within the Organ Mountains-Desert Peaks National Monument, and for other purposes.
1. Short title This Act may be cited as the Organ Mountains-Desert Peaks National Monument Correction Act . 2. Definition For the purpose of this Act, the term National Monument means the area designated as the Organ Mountains-Desert Peaks National Monument in Presidential Proclamation 9131, dated May 21, 2014. 3. Border security and law enforcement (a) In general Neither the National Monument designation nor any management plan in furtherance of the National Monument shall be interpreted or construed to— (1) prevent the Secretary of Homeland Security from undertaking law enforcement and border security activities within the areas designated as a National Monument, including the ability to use motorized vehicles within the National Monument; (2) limit the 2006 Memorandum of Understanding among the Department of Homeland Security, the Department of the Interior, and the Department of Agriculture regarding cooperative national security and counterterrorism efforts on Federal land along the borders of the United States; (3) prevent the Secretary of Homeland Security from conducting any low-level overflights over the National Monument that may be necessary for law enforcement and border security purposes; or (4) prevent the Secretary of the Interior from allowing within the National Monument the installation and maintenance of communication or surveillance infrastructure necessary for law enforcement or border security activities. (b) Administrative access The route excluded from the Potrillo Mountains identified as Restricted—Administrative Access on the map entitled Potrillo Mountains Complex and dated December 10, 2013, shall be available for administrative and law enforcement uses, including border security activities. (c) Law enforcement activities Nothing in this Act, or any land management plan issued in furtherance of this Act or Presidential Proclamation 9139, dated May 21, 2014, shall prevent Federal, State, or local law enforcement personnel from having unfettered access to the National Monument, including the use of specialized equipment and motorized vehicles outside of existing roads and trails. 4. National Defense Nothing in the national monument designation or any management plan in furtherance of the national monument shall restrict or preclude— (1) low-level overflights of military aircraft over the National Monument, including military overflights that can be seen or heard within the National Monument; (2) the designation of new units of special airspace over the National Monument; or (3) the use or establishment of military flight training routes over the National Monument.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5164ih/xml/BILLS-113hr5164ih.xml
|
113-hr-5165
|
I 113th CONGRESS 2d Session H. R. 5165 IN THE HOUSE OF REPRESENTATIVES July 22, 2014 Mr. Rigell (for himself, Ms. Fudge , and Mrs. Carolyn B. Maloney of New York ) introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committee on Appropriations , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish a grant program in the Department of Education to promote the involvement of female students in science, technology, engineering, and mathematics and for other purposes.
1. Short title This Act may be cited as the Advancing Girls in STEM Act of 2014 . 2. Findings Congress finds the following: (1) According to a September 2013 report by the United States Census Bureau, only 26 percent of employees in STEM fields were women, while 74 percent were men. (2) A Department of Commerce report states that employees in STEM fields earn 26 percent more than their non-STEM counterparts. (3) Women in STEM jobs earn 33 percent more than comparable women in non-STEM jobs. (4) The United States ranks 25th in mathematics and 17th in science among industrialized nations. (5) According to the Department of Labor, only 15 percent of the world’s scientists reside in the United States and only 5 percent of United States workers are employed in fields related to science and engineering. 3. Definitions For purposes of this Act, the following definitions shall apply: (1) State The term State means each State of the United States and the District of Columbia. (2) STEM The term STEM means science, technology, engineering, and mathematics. (3) Elementary School The term elementary school has the meaning given such term by section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (4) Secondary School The term secondary school has the meaning given such term by section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (5) Secretary The term Secretary means the Secretary of the United States Department of Education. 4. Grant program (a) Grants Authorized The Secretary shall award grants to States to carry out the programs described in subsection (b). (b) Use of Funds A State that receives a grant under this section shall use the grant to carry out programs that promote the involvement of female students at the elementary school and secondary school levels in STEM fields. (c) Award Allocation and Amount The Secretary shall award grants to States, on a competitive basis, in accordance with the following criteria: (1) Geographic Allocation The Secretary shall award 1 grant to each of 2 States in each of the following geographic regions: (A) South Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, Texas, and Virginia. (B) Midwest Arkansas, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, Ohio, Oklahoma, South Dakota, and Wisconsin. (C) Northeast Connecticut, Delaware, the District of Columbia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, and West Virginia. (D) West Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, New Mexico, North Dakota, Oregon, Utah, Washington, and Wyoming. (2) Amount The amount of each grant shall be $2,500,000. (3) Deadline for Distribution The Secretary shall distribute grant funds in accordance with this section not later than the date that is 1 year after the date of enactment of this Act. (d) Application To be eligible for a grant under this Act, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (e) Reports (1) States As a condition of receiving a grant under this Act, a State shall agree to submit a report to the Secretary, on an annual basis, identifying how the grant funds were used and the number of students who participated in the programs carried out with the grant funds. (2) Secretary The Secretary shall, on an annual basis, and using the reports received under paragraph (1), report to Congress on the overall impact and effectiveness of the grant program under this Act. 5. Transfer of Funds for Grant Program Of amounts made available to the Office of Nuclear Warhead Protection in the National Nuclear Security Administration not obligated as of the date of enactment of this Act, there is transferred $20,000,000 to the Department of Education to carry out this Act.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5165ih/xml/BILLS-113hr5165ih.xml
|
113-hr-5166
|
I 113th CONGRESS 2d Session H. R. 5166 IN THE HOUSE OF REPRESENTATIVES July 22, 2014 Ms. Titus (for herself, Ms. Schakowsky , and Mr. Grijalva ) introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committees on Energy and Commerce , the Judiciary , 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 direct the National Counsel on Disability to conduct a review of certain standards under the Americans with Disabilities Act of 1990.
1. Short title This Act may be cited as the Travel and Tourism For All Act . 2. Review and report by National Counsel on Disability The National Counsel on Disability established under section 400 of the Rehabilitation Act of 1973 ( 29 U.S.C. 780 ) shall— (1) review the implementation of— (A) the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ) with respect to the travel, tourism, and hospitality industries; and (B) the 2010 ADA standards for public accommodations and commercial facilities under subpart D of part 36 of title 28, Code of Federal Regulations, and appendices B and D of part 1191 of title 36, Code of Federal Regulations; and (2) not later than 2 years after the date of enactment of this Act, submit to Congress a report on— (A) the review conducted under paragraph (1); and (B) recommendations for improvement in the implementation of the Act and regulations described in paragraph (1).
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5166ih/xml/BILLS-113hr5166ih.xml
|
113-hr-5167
|
I 113th CONGRESS 2d Session H. R. 5167 IN THE HOUSE OF REPRESENTATIVES July 22, 2014 Mr. Young of Alaska introduced the following bill; which was referred to the Committee on Natural Resources A BILL To direct the Administrator of General Services, on behalf of the Secretary of the Interior, to convey certain Federal property located in the National Petroleum Reserve in Alaska to the Olgoonik Corporation, an Alaska Native Corporation established under the Alaska Native Claims Settlement Act.
1. Conveyance Federal property located in the National Petroleum Reserve in Alaska (a) In general Not later than 180 days after the date of the enactment of this Act and after completion of the survey and appraisal described in this section, the Administrator of General Services, on behalf of the Secretary of the Interior, shall convey to the Corporation by quitclaim deed for the consideration described in subsection (c), all right, title, and interest of the United States in and to a parcel of real property described in subsection (b). (b) Legal description of property (1) In general The parcel to be conveyed under subsection (a) consists of approximately 1,518 acres and improvements comprising a former Distant Early Warning Line site in the National Petroleum Reserve in Alaska near Wainwright, Alaska, and described as United States Survey Number 5252 located within the Umiat Meridian in— (A) Sections 3 and 4 within Township 14 North, Range 31 West; (B) Sections 17, 18, 20, 21, 26, 27, 28, 33, 34, and 35 within Township 15 North, Range 31 West; and (C) Section 13 within Township 15 North; Range 32. (2) Survey required Not later than 180 days after the date of the enactment of this Act, the exact acreage and legal description of the real property to be conveyed under subsection (a) shall be determined by a survey, paid for by the Corporation, that is satisfactory to the Secretary. (c) Terms and conditions (1) Consideration (A) In general As consideration for the conveyance of the property under subsection (a), the Corporation shall pay to the Secretary an amount not less than the fair market value of the conveyed property, to be determined as provided in subparagraph (B). (B) Appraisal The fair market value of the property to be conveyed under subsection (a) shall be determined based on an appraisal that— (i) is conducted by a licensed, independent appraiser that is approved by the Secretary and the Corporation; (ii) is based on the highest and best use of the property; (iii) is approved by the Secretary; and (iv) is paid for by the Corporation. (2) Pre-conveyance entry The Secretary, on terms and conditions the Secretary determines to be appropriate, may authorize the Corporation to enter the property at no charge for pre-construction and construction activities. (3) Additional terms and conditions The Secretary may require additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. (d) Exemption Section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 ) shall not apply to any conveyance of property under this section. (e) Corporation defined In this section, the term Corporation means the Olgoonik Corporation, an Alaska Native Corporation established under the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ).
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5167ih/xml/BILLS-113hr5167ih.xml
|
113-hr-5168
|
I 113th CONGRESS 2d Session H. R. 5168 IN THE HOUSE OF REPRESENTATIVES July 23, 2014 Mr. Hoyer (for himself, Mr. Schock , Ms. Norton , Mr. Murphy of Florida , Mrs. Lowey , Mr. Lowenthal , Mr. Hinojosa , Ms. Schwartz , Mr. Langevin , Ms. DeLauro , Ms. Jackson Lee , Mr. Rangel , Mr. Honda , Mr. Vela , Mr. Hastings of Florida , Mr. Grijalva , Mr. Clay , Mr. Enyart , Mr. Ruppersberger , Mr. Ben Ray Luján of New Mexico , and Mr. Kilmer ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To authorize the Secretary of Education to award grants for the support of full-service community schools, and for other purposes.
1. Short title This Act may be cited as the Full-Service Community Schools Act of 2014 . 2. Purposes The purposes of this Act are the following: (1) Improving student learning and development by providing supports for students that enable them to graduate college- and career-ready. (2) Providing support for the planning, implementation, and operation of full-service community schools. (3) Improving the coordination and integration, accessibility, and effectiveness of services for children and families, particularly for students attending high-poverty schools, including high-poverty rural schools. (4) Enabling educators and school personnel to complement and enrich efforts to improve academic achievement and other results. (5) Ensuring that children have the physical, social, and emotional well-being to come to school ready to engage in the learning process every day. (6) Promoting and enabling family and community engagement in the education of children. (7) Enabling more efficient use of Federal, State, local, and private sector resources that serve children and families. (8) Facilitating the coordination and integration of programs and services operated by community-based organizations, nonprofit organizations, and State, local, and tribal governments. (9) Engaging students as resources to their communities. (10) Engaging the business community and other community organizations as partners in the development and operation of full-service community schools. 3. Definitions In this Act: (1) ESEA definitions The terms elementary school , local educational agency , and secondary school have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Full-service community school The term full-service community school means a public elementary or secondary school that— (A) participates in a community-based effort to coordinate and integrate educational, developmental, family, health, and other comprehensive services through community-based organizations and public and private partnerships; and (B) provides access to such services to students, families, and the community, such as access during the school year (including before- and after-school hours and weekends), as well as during the summer. 4. Local programs (a) Grants The Secretary of Education (in this Act referred to as the Secretary ) may award grants to eligible entities to assist public elementary or secondary schools to function as full-service community schools. (b) Use of funds Grants awarded under this section shall be used to— (1) coordinate not less than 3 existing qualified services and provide not less than 2 additional qualified services at 2 or more public elementary or secondary schools; (2) integrate multiple services into a comprehensive, coordinated continuum supported by research-based activities which achieve the performance goals established under subsection (c)(4)(E) to meet the holistic needs of young people; and (3) if applicable, coordinate and integrate services provided by community-based organizations and government agencies with services provided by specialized instructional support personnel. (c) Application To seek a grant under this section, an eligible entity shall submit an application to the Secretary at such time and in such manner as the Secretary may require. The Secretary shall require that each such application include the following: (1) A description of the eligible entity. (2) A memorandum of understanding among all partner entities that will assist the eligible entity to coordinate and provide qualified services and that describes the roles the partner entities will assume. (3) A description of the capacity of the eligible entity to coordinate and provide qualified services at 2 or more full-service community schools. (4) A comprehensive plan that includes descriptions of the following: (A) The student, family, and school community to be served, including information about demographic characteristics that include major racial and ethnic groups, median family income, percent of students eligible for free- and reduced-price lunch, and other information. (B) A needs assessment that identifies the academic, physical, social, emotional, health, mental health, and other needs of students, families, and community residents. (C) A community assets assessment which identifies existing resources which could be aligned. (D) The most appropriate metric to describe the plan’s reach within a community using either— (i) the number of families and students to be served, and the frequency of services; or (ii) the proportion of families and students to be served, and the frequency of services. (E) Yearly measurable performance goals, including an increase in the percentage of families and students targeted for services each year of the program, which are consistent with the following objectives: (i) Children are ready for school. (ii) Students are engaged and achieving academically. (iii) Students are physically, mentally, socially, and emotionally healthy. (iv) Schools and neighborhoods are safe and provide a positive climate for learning that is free from bullying or harassment. (v) Families are supportive and engaged in their children’s education. (vi) Students and families are prepared for postsecondary education and 21st century careers. (vii) Students are contributing to their communities. (F) Performance measures to monitor progress toward attainment of the goals established under subparagraph (E), including a combination of the following, to the extent applicable: (i) Multiple objective measures of student achievement, including assessments, classroom grades, and other means of assessing student performance. (ii) Attendance (including absences related to illness and truancy) and chronic absenteeism rates. (iii) Disciplinary actions against students, including suspensions and expulsions. (iv) Access to health care and treatment of illnesses demonstrated to impact academic achievement. (v) Performance in making progress toward intervention services goals as established by specialized instructional support personnel. (vi) Participation rates by parents and family members in school-sanctioned activities and activities that occur as a result of community and school collaboration, as well as activities intended to support adult education and workforce development. (vii) Number and percentage of students and family members provided services under this Act. (viii) Valid measures of postsecondary education and career readiness. (ix) Service-learning and community service participation rates. (x) student satisfaction surveys. (G) Qualified services, including existing and additional qualified services, to be coordinated and provided by the eligible entity and its partner entities, including an explanation of— (i) why such services have been selected; (ii) how such services will improve student academic achievement; and (iii) how such services will address performance goals established under subparagraph (E). (H) Plans to ensure that each site has full-time coordination of qualified services at each full-service community school, including coordination with existing specialized instructional support personnel. (I) Planning, coordination, management, and oversight of qualified services at each school to be served, including the role of the school principal, partner entities, parents, and members of the community. (J) Funding sources for qualified services to be coordinated and provided at each school to be served, whether such funding is derived from a grant under this section or from other Federal, State, local, or private sources. (K) Plans for professional development for personnel managing, coordinating, or delivering qualified services at the schools to be served. (L) Plans for joint utilization and maintenance of school facilities by the eligible entity and its partner entities. (M) How the eligible entity and its partner entities will focus services on schools eligible for a schoolwide program under section 1114 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6314 ). (N) Plans for periodic evaluation based upon attainment of the performance measures described in subparagraph (F). (O) How the qualified services will meet the principles of effectiveness described in subsection (d). (5) A plan for sustaining the programs and services outlined in this Act. (d) Principles of effectiveness For a program developed pursuant to this section to meet principles of effectiveness, such program shall be based upon— (1) an assessment of objective data regarding the need for the establishment of a full-service community school and qualified services at each school to be served and in the community involved; (2) an established set of performance measures aimed at ensuring the availability and effectiveness of high-quality services; and (3) if appropriate, scientifically based research that provides evidence that the qualified services involved will help students meet State and local student academic achievement standards. (e) Priority In awarding grants under this section, the Secretary shall give priority to eligible entities that— (1) (A) will serve a minimum of 2 or more full-service community schools eligible for a schoolwide program under section 1114 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6314 ), as part of a community- or district-wide strategy; or (B) include a local educational agency that satisfies the requirements of— (i) subparagraph (A) or (B) of section 6211(b)(1) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7345(b)(1) ); or (ii) subparagraphs (A) and (B) of section 6221(b)(1) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7351(b)(1) ); and (2) will be connected to a consortium comprised of a broad representation of stakeholders, or a consortium demonstrating a history of effectiveness. (f) Grant period Each grant awarded under this section shall be for a period of 5 years and may be renewed at the discretion of the Secretary based on the eligible entity's demonstrated effectiveness in meeting the performance goals and measures established under subparagraphs (E) and (F) of subsection (c)(4). (g) Planning The Secretary may authorize an eligible entity to use grant funds under this section for planning purposes in an amount not greater than 10 percent of the total grant amount. (h) Minimum amount The Secretary may not award a grant to an eligible entity under this section in an amount that is less than $75,000 for each year of the 5-year grant period. (i) Definitions In this section— (1) the term additional qualified services means qualified services directly funded under this Act; (2) the term eligible entity means a consortium of 1 or more local educational agencies and 1 or more community-based organizations, nonprofit organizations, or other public or private entities; (3) the term existing qualified services means qualified services already being financed, as of the time of the application, by Federal, State, local or private sources, or volunteer activities being supported as of such time by civic, business, faith-based, social, and other similar organizations; and (4) the term qualified services means any of the following: (A) Early childhood education. (B) Remedial education activities and enrichment activities, including expanded learning time. (C) Summer or after-school enrichment and learning experiences. (D) Programs under the Head Start Act, including Early Head Start programs. (E) Nurse home visitation services. (F) Teacher home visiting. (G) Programs that promote parental involvement and family literacy, including the Reading First and Early Reading First programs authorized under part B of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6361 et seq. ). (H) Mentoring and other youth development programs, including peer mentoring and conflict mediation. (I) Parent leadership development activities. (J) Parenting education activities. (K) Child care services. (L) Community service and service-learning opportunities. (M) Developmentally appropriate physical education. (N) Programs that provide assistance to students who have been truant, suspended, or expelled. (O) Job training, internship opportunities, and career counseling services. (P) Nutrition services. (Q) Primary health and dental care. (R) Mental health counseling services. (S) Adult education, including instruction in English as a second language. (T) Juvenile crime prevention and rehabilitation programs. (U) Specialized instructional support services. (V) Homeless prevention services. (W) Other services consistent with this Act. 5. State programs (a) Grants The Secretary may award grants to State collaboratives to support the development of full-service community school programs in accordance with this section. (b) Use of funds Grants awarded under this section shall be used only for the following: (1) Developing a State comprehensive results and indicators framework to implement full-service community schools, consistent with performance goals described in section 4(c)(4)(E). (2) Planning, coordinating, and expanding the development of full-service community schools in the State, particularly schools in high-poverty local educational agencies, including high-poverty rural local educational agencies. (3) Providing technical assistance and training for full-service community schools, including professional development for personnel and creation of data collection and evaluation systems. (4) Collecting, evaluating, and reporting data about the progress of full-service community schools. (5) Evaluating the impact of State and Federal policies and guidelines on the ability of eligible entities (as defined in section 4(i)) to integrate Federal and State programs at full-service community schools, and taking action to make necessary changes. (c) Application To seek a grant under this section, a State collaborative shall submit an application to the Secretary at such time and in such manner as the Secretary may require. The Secretary shall require that each such application include the following: (1) A memorandum of understanding among all governmental agencies and nonprofit organizations that will participate as members of the State collaborative. (2) A description of the expertise of each member of the State collaborative— (A) in coordinating Federal and State programs across multiple agencies; (B) in working with and developing the capacity of full-service community schools; and (C) in working with high-poverty schools or rural schools and local educational agencies. (3) A comprehensive plan describing how the grant will be used to plan, coordinate, and expand the delivery of services at full-service community schools. (4) A comprehensive accountability plan that will be used to demonstrate effectiveness, including the measurable performance goals of the program and performance measures to monitor progress and assess services’ impact on students and families and academic achievement. (5) An explanation of how the State collaborative will work to ensure State policies and guidelines can support the development of full-service community schools, as well as provide technical assistance and training, including professional development, for full-service community schools. (6) An explanation of how the State will collect and evaluate information on full-service community schools. (d) Grant period Each grant awarded under this section shall be for a period of 5 years. (e) Minimum amount The Secretary may not award a grant to a State collaborative under this section in an amount that is less than $500,000 for each year of the 5-year grant period. (f) Definitions For purposes of this section— (1) the term State includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the United States Virgin Islands, and any other territory or possession of the United States; and (2) the term State collaborative means a collaborative of a State educational agency and not less than 2 other governmental agencies or nonprofit organizations that provide services to children and families. 6. Advisory committee (a) Establishment There is hereby established an advisory committee to be known as the Full-Service Community Schools Advisory Committee (in this section referred to as the Advisory Committee ). (b) Duties Subject to subsection (c), the Advisory Committee shall— (1) consult with the Secretary on the development and implementation of programs under this Act; (2) identify strategies to improve the coordination of Federal programs in support of full-service community schools; and (3) issue an annual report to the Congress on efforts under this Act, including a description of— (A) the results of local and national evaluations of such efforts; and (B) the scope of services being coordinated under this Act. (c) Consultation In carrying out its duties under this section, the Advisory Committee shall consult annually with eligible entities awarded grants under section 4, State collaboratives awarded grants under section 5, and other entities with expertise in operating full-service community schools. (d) Members The Advisory Committee shall consist of 5 members as follows: (1) The Secretary of Education (or the Secretary’s delegate). (2) The Attorney General of the United States (or the Attorney General’s delegate). (3) The Secretary of Agriculture (or the Secretary’s delegate). (4) The Secretary of Health and Human Services (or the Secretary’s delegate). (5) The Secretary of Labor (or the Secretary’s delegate). 7. General provisions (a) Technical assistance The Secretary, directly or through grants, shall provide such technical assistance as may be appropriate to accomplish the purposes of this Act. (b) Evaluations by secretary The Secretary shall conduct evaluations on the effectiveness of grants under sections 4 and 5 in achieving the purposes of this Act. (c) Evaluations by grantees The Secretary shall require each recipient of a grant under this Act— (1) to conduct periodic evaluations of the progress achieved with the grant toward achieving the purposes of this Act; (2) to use such evaluations to refine and improve activities conducted with the grant and the performance measures for such activities; and (3) to make the results of such evaluations publicly available, including by providing public notice of such availability. (d) Construction clause Nothing in this Act shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded school or school district employees under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employees and their employers. (e) Supplement, not supplant Funds made available to a grantee under this Act may be used only to supplement, and not supplant, any other Federal, State, or local funds that would otherwise be available to carry out the activities assisted under this Act. (f) Matching funds (1) In general The Secretary shall require each recipient of a grant under this Act to provide matching funds from non-Federal sources in an amount determined under paragraph (2). (2) Determination of amount of match (A) Sliding scale Subject to subparagraph (B), the Secretary shall determine the amount of matching funds to be required of a grantee under this subsection based on a sliding fee scale that takes into account— (i) the relative poverty of the population to be targeted by the grantee; and (ii) the ability of the grantee to obtain such matching funds. (B) Maximum amount The Secretary may not require any grantee under this section to provide matching funds in an amount that exceeds the amount of the grant award. (3) In-kind contributions The Secretary shall permit grantees under this section to match funds in whole or in part with in-kind contributions. (4) Consideration Notwithstanding this subsection, the Secretary shall not consider an applicant’s ability to match funds when determining which applicants will receive grants under this Act. (g) Special rule Entities receiving funds under this Act shall comply with all existing Federal statutes that prohibit discrimination. 8. Authorization of appropriations (a) In general There are authorized to be appropriated to carry out this Act such sums as may be necessary for each of fiscal years 2015 through 2019. (b) Allocation Of the amounts appropriated to carry out this Act for each fiscal year— (1) 85 percent shall be for section 4, and of the funds allocated for new grants under such section, at least 10 percent shall be made available for local educational agencies that satisfy the requirements of— (A) subparagraph (A) or (B) of section 6211(b)(1) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7345(b)(1) ); or (B) subparagraphs (A) and (B) of section 6221(b)(1) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7351(b)(1) ); (2) 10 percent shall be for section 5; and (3) 5 percent shall be for subsections (a) and (b) of section 7, of which not less than $500,000 shall be for technical assistance under section 7(a).
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5168ih/xml/BILLS-113hr5168ih.xml
|
113-hr-5169
|
I 113th CONGRESS 2d Session H. R. 5169 IN THE HOUSE OF REPRESENTATIVES July 23, 2014 Mr. Walberg (for himself and Mr. Issa ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend title 5, United States Code, to enhance accountability within the Senior Executive Service, and for other purposes.
1. Short title This Act may be cited as the Senior Executive Service Accountability Act . 2. Biennial justification of positions Section 3133(a)(2) of title 5, United States Code, is amended by inserting after positions the following: , with a justification for each position (by title and organizational location) and the specific result expected from each position, including the impact of such result on the agency mission, . 3. Extension of probationary period (a) In general Section 3393(d) of title 5, United States Code, is amended by striking 1-year and inserting 2-year . (b) Conforming amendment Section 3592(a)(1) of such title is amended by striking 1-year and inserting 2-year . 4. Modification of pay retention for Senior Executive Service members removed for under performance Section 3594(c)(1)(B) of title 5, United States Code, is amended to read as follows: (B) (i) any career appointee placed under subsection (a) or (b)(2) of this section shall be entitled to receive basic pay at the highest of— (I) the rate of basic pay in effect for the position in which placed; (II) the rate of basic pay in effect at the time of the placement for the position the career appointee held in the civil service immediately before being appointed to the Senior Executive Service; or (III) the rate of basic pay in effect for the career appointee immediately before being placed under subsection (a) or (b) of this section; and (ii) any career appointee placed under subsection (b)(1) of this section shall be entitled to receive basic pay at the rate of basic pay in effect for the position in which placed; and . 5. Requirement that performance requirements be established in advance Section 4312(b)(1) of title 5, United States Code, is amended— (1) by striking on or and inserting not later than 30 calendar days ; and (2) by inserting in writing after communicated . 6. Amendments to adverse action provisions with respect to career appointees in the Senior Executive Service (a) Suspension for 14 days or less for senior executive service employee Paragraph (1) of Section 7501 of title 5, United States Code, is amended to read as follows: (1) employee means— (A) an individual in the competitive service who is not serving a probationary period or trial period under an initial appointment or who has completed 1 year of current continuous employment in the same or similar positions under other than a temporary appointment limited to 1 year or less; or (B) a career appointee in the Senior Executive Service who— (i) has completed the probationary period prescribed under section 3393(d); or (ii) was covered by the provisions of subchapter II of this chapter immediately before appointment to the Senior Executive Service; and . (b) Modification of cause and procedure for suspension and termination (1) In general Section 7543 of title 5, United States Code, is amended— (A) in subsection (a), by striking misconduct, and inserting such cause as would promote the efficiency of the service, misconduct, ; and (B) in subsection (b)(1), by striking 30 and inserting 15 . (2) Conforming amendments Subchapter V of chapter 35 of title 5, United States Code, is amended— (A) in section 3593— (i) in subsection (a)(2), by striking misconduct, and inserting such cause as would promote the efficiency of the service, misconduct, ; and (ii) in subsection (b), by striking misconduct, and inserting such cause as would promote the efficiency of the service, misconduct, ; and (B) in section 3594(a), by striking misconduct, and inserting such cause as would promote the efficiency of the service, misconduct, . 7. Mandatory leave for career appointees in the Senior Executive Service (a) In general Subchapter II of chapter 63 of title 5, United States Code, is amended by adding at the end the following: 6329. Mandatory leave for Senior Executive Service career appointees (a) In this section— (1) the term employee means— (A) a career appointee in the Senior Executive Service who— (i) has completed the probationary period prescribed under section 3393(d) of this title; or (ii) was covered by the provisions of subchapter II of chapter 75 of this title immediately before appointment to the Senior Executive Service; and (B) who has received written notice of removal from the civil service under subchapter V of chapter 75 of this title; and (2) the term mandatory leave means, with respect to an employee, an absence with pay but without duty during which such employee— (A) shall be charged accrued annual leave for the period of such absence; and (B) may not accrue any annual leave under section 6303 for the period of such absence. (b) Under regulations prescribed by the Office of Personnel Management, an agency may place an employee on mandatory leave for misconduct, neglect of duty, malfeasance, or such cause as would promote the efficiency of the service. (c) If an agency determines that an employee should be placed on mandatory leave under subsection (b), such leave shall begin no earlier than the date on which the employee received written notice of a removal under subchapter V of chapter 75. (d) If a final order or decision is issued in favor of such employee with respect to removal under subchapter V of chapter 75 by the agency, the Merit Systems Protection Board, or the United States Court of Appeals for the Federal Circuit, any annual leave that is charged to an employee by operation of this section shall be restored to the applicable leave account of such employee. . (b) Clerical amendment The table of sections of chapter 63 of title 5, United States Code, is amended by adding after the item relating to section 6328 the following new item: 6329. Mandatory leave for Senior Executive Service career appointees. . (c) Regulations Not later than 6 months after the date of enactment of this Act, the Director of the Office of Personnel Management shall prescribe regulations with respect to the leave provided by the amendment in subsection (a).
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5169ih/xml/BILLS-113hr5169ih.xml
|
113-hr-5170
|
I 113th CONGRESS 2d Session H. R. 5170 IN THE HOUSE OF REPRESENTATIVES July 23, 2014 Mr. Meadows (for himself and Mr. Issa ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To improve Federal employee compliance with the Federal and Presidential recordkeeping requirements, and for other purposes.
1. Short title; table of contents (a) In general This Act may be cited as the Federal Records Accountability 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. Removal for deliberate destruction of Federal records. Sec. 3. Use of non-official electronic messaging accounts. Sec. 4. Reporting of the loss or potential loss of records. Sec. 5. Senior Agency Official for Records Compliance. 2. Removal for deliberate destruction of Federal records (a) In general Chapter 75 of title 5, United States Code, is amended by adding after subchapter V the following: VI Federal Records 7551. Definitions In this subchapter the following definitions apply: (1) Employee The term employee means— (A) an individual in the competitive service who is not serving a probationary or trial period under an initial appointment or who has completed 1 year of current continuous employment in the same or similar positions under other than a temporary appointment limited to 1 year or less; or (B) a career appointee in the Senior Executive Service who— (i) has completed the probationary period prescribed under section 3393(d) of this title; or (ii) was covered by the provisions of subchapter II of this chapter immediately before appointment to the Senior Executive Service. (2) Suspension The term suspension has the meaning given that term in section 7501 of this title. 7552. Suspension and removal (a) Inspector General finding If the Inspector General of an agency determines an employee of the agency has willfully and unlawfully concealed, removed, mutilated, obliterated, falsified, or destroyed any record, proceeding, map, book, document, paper, or other thing in the custody of such employee, or verifies a violation under section 2208 or 2911 of title 44, the Inspector General shall promptly inform the head of the agency of that determination in writing. (b) Suspension Notwithstanding any other provision of law, the head of an agency shall suspend an employee of that agency who has been determined by the Inspector General under subsection (a) to have willfully and unlawfully concealed, removed, mutilated, obliterated, falsified, or destroyed any record, proceeding, map, book, document, paper, or other thing in the custody of such employee, or who has been verified by the Inspector General to be in violation of section 2208 or 2911 of title 44. (c) Requirements after suspension An employee suspended under subsection (b) is entitled, after suspension and before removal, to— (1) be represented by an attorney or other representative; (2) a written statement of the charges against the employee within 15 days after suspension, which may be amended within 30 days thereafter; (3) an opportunity within 15 days after the receipt of the written statement under paragraph (2), plus an additional 15 days if the charges are amended, to answer the charges and submit affidavits; (4) a hearing, at the request of the employee, by an agency authority duly constituted for this purpose; (5) a review of the employee’s case by the head of the agency or a designee, before a decision adverse to the employee is made final; and (6) a written statement of the decision of the head of the agency. (d) Removal Subject to subsection (c) of this section and after any investigation and review the head of the agency considers necessary, the head of an agency shall remove an employee suspended under subsection (b) if such head determines that the employee willfully and unlawfully concealed, removed, mutilated, obliterated, falsified, or destroyed any record, proceeding, map, book, document, paper, or other thing in the custody of such employee. (e) Appeal An employee who is removed under subsection (d) is entitled to appeal to the Merit Systems Protection Board under section 7701 of this title. . (b) Technical and conforming amendments (1) Table of subchapters The table of subchapters for chapter 75 of title 5, United States Code, is amended by adding at the end the following new items: Subchapter VI—Federal Records 7551. Definitions. 7552. Suspension and removal. . (2) Subchapter II applicability Section 7512 of such title is amended— (A) in subparagraph (D), by striking or at the end; (B) in subparagraph (E), by striking the period at the end and inserting , or ; and (C) by adding at the end the following: (F) a suspension or removal under section 7552 of this title. . 3. Use of non-official electronic messaging accounts (a) Presidential records act Chapter 22 of title 44, United States Code is amended by adding at the end the following new section: 2208. Disclosure requirement for official business conducted using non-official electronic messaging accounts (a) In general The President, Vice President, or covered employee may not create or send a Presidential or Vice Presidential record using a non-official electronic messaging account (in this section, referred to as applicable electronic message ) unless the President, Vice President, or covered employee— (1) includes an official electronic messaging account of the President, Vice President, or covered employee, as applicable, as a recipient in the original creation or transmission of the applicable electronic message and identifies all recipients of the applicable electronic message in such message; (2) forwards a complete copy of the applicable electronic message, including a complete list of the recipients of such message, to an official electronic messaging account of the President, Vice President, or covered employee, as applicable, within fifteen days after the original creation or transmission of the message; or (3) prints a complete copy of the applicable electronic message, including a complete list of the recipients of such message, and submits the message to the appropriate location or individual for appropriate archival storage by the Executive Office of the President within fifteen days after the original creation or transmission of the message. (b) Adverse actions An intentional violation of subsection (a) (including any rules, regulations, or other implementing guidelines) by a covered employee, as determined by the appropriate supervisor, shall be forwarded to the Inspector General of the agency for a verification of the violation, and upon verification, shall be subject to the suspension and removal provisions under section 7552 of title 5. (c) Definitions In this section: (1) Covered employee The term covered employee means— (A) the immediate staff of the President; (B) the immediate staff of the Vice President; (C) an individual of the Executive Office of the President whose function is to advise and assist the President; or (D) an individual of the Office of the Vice President whose function is to advise and assist the Vice President. (2) Electronic message The term electronic message means electronic mail and all other means by which individuals and groups may communicate with each other electronically. (3) Electronic messaging account The term electronic messaging account means any account that sends an electronic message. . (b) Federal records Chapter 29 of title 44, United States Code is amended by adding at the end the following new section: 2911. Disclosure requirement for official business conducted using non-official electronic messaging accounts (a) In general An officer or employee of a Federal agency may not create or send a record using a non-official electronic messaging account (in this section, referred to as applicable electronic message ) unless such officer or employee— (1) includes an official electronic messaging account of the officer or employee as a recipient in the original creation or transmission of the applicable electronic message and identifies all recipients of the applicable electronic message in such message; (2) forwards a complete copy of the applicable electronic message, including a complete list of the recipients of such message, to an official electronic messaging account of the officer or employee within fifteen days after the original creation or transmission of the record; or (3) prints a complete copy of the applicable electronic message, including a complete list of the recipients of such message, and submits it to the appropriate location or individual for appropriate archival storage by the Federal agency within fifteen days after the original creation or transmission of the message. (b) Adverse actions An intentional violation of subsection (a) (including any rules, regulations, or other implementing guidelines) by an officer or employee of a Federal agency, as determined by the appropriate supervisor, shall be forwarded to the Inspector General of the agency for a verification of the violation, and upon verification, shall be subject to the suspension and removal provisions under section 7552 of title 5. (c) Definitions In this section: (1) Electronic message The term electronic message means electronic mail and all other means by which individuals and groups may communicate with each other electronically. (2) Electronic messaging account The term electronic messaging account means any account that sends an electronic message. . (c) Technical and conforming amendments (1) Chapter 22 The table of sections at the beginning of chapter 22 of title 44, United States Code, is amended by adding at the end the following new item: 2208. Disclosure requirement for official business conducted using non-official electronic messaging accounts. . (2) Chapter 29 The table of sections at the beginning of chapter 29 of title 44, United States Code, is amended by adding at the end the following new item: 2911. Disclosure requirement for official business conducted using non-official electronic messaging accounts. . 4. Reporting of the loss or potential loss of records Section 3106 of title 44, United States Code, is amended to read as follows: 3106. Unlawful removal, destruction of records (a) Notification (1) Archivist and public notification Whenever the actual, impending, or threatened unlawful concealment, removal, mutilation, obliteration, falsification, or destruction of any record, proceeding, map, book, document, paper, or other thing in the custody of an agency comes to the attention of the head of the Federal agency, the head of the agency shall— (A) notify the Archivist; and (B) publish a general description of the records at risk or that have been lost on the website of the agency. (2) Agency notification Whenever the actual, impending, or threatened unlawful concealment, removal, mutilation, obliteration, falsification, or destruction of any record, proceeding, map, book, document, paper, or other thing in the custody of an agency comes to the attention of a Senior Agency Official for Records Management, such official shall immediately notify the head of the agency. (b) Reclamation of records With the assistance of the Archivist, the head of a Federal agency shall initiate action through the Attorney General for the recovery of records the head knows or has reason to believe have been unlawfully removed from the agency, or from another Federal agency whose records have been transferred to the legal custody of such head. (c) Action by the Archivist In any case in which the head of the agency does not initiate an action for the recovery of records described in subsection (b) or other redress within a reasonable period of time after being notified of any such unlawful removal, the Archivist shall request the Attorney General to initiate an action described in subsection (b), and shall notify the Congress not later than 5 days after the date on which such a request has been submitted to the Attorney General. . 5. Senior Agency Official for Records Compliance (a) Senior agency official Chapter 31 of title 44, United States Code, is amended by adding at the end the following new section: 3108. Senior Agency Official for Records Compliance (a) Designation Not later than November 15, 2014, the head of each Federal agency shall designate a Senior Agency Official for Records Management, and not later than November 15 of each year thereafter the head of each Federal agency shall reaffirm or designate a new Senior Agency Official for Records Management. (b) Authorities and responsibilities The Senior Agency Official for Records Management shall— (1) be at least at the level of an Assistant Secretary or the equivalent; and (2) be responsible for coordinating with the appropriate Agency Records Officer and appropriate agency officials to ensure compliance with all applicable records management statutes, regulations, and any guidance issued by the Archivist. (c) Federal agency coordination In addition to the designation made pursuant to subsection (a), the head of a Federal agency may designate additional Senior Agency Officials for Records Management as the head of the agency determines to be necessary. . (b) Technical and conforming amendment The table of sections at the beginning of chapter 31 of title 44, United States Code, is amended by adding at the end the following new item: 3108. Senior Agency Official for Records Compliance. .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5170ih/xml/BILLS-113hr5170ih.xml
|
113-hr-5171
|
IB Union Calendar No. 412 113th CONGRESS 2d Session H. R. 5171 [Report No. 113–551] IN THE HOUSE OF REPRESENTATIVES July 23, 2014 Mr. Calvert , from the Committee on Appropriations , reported the following bill; which was committed to the Committee of the Whole House on the State of the Union and ordered to be printed A BILL Making appropriations for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2015, and for other purposes.
That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of the Interior, environment, and related agencies for the fiscal year ending September 30, 2015, and for other purposes, namely: I Department of the interior Bureau of land management Management of lands and resources For necessary expenses for protection, use, improvement, development, disposal, cadastral surveying, classification, acquisition of easements and other interests in lands, and performance of other functions, including maintenance of facilities, as authorized by law, in the management of lands and their resources under the jurisdiction of the Bureau of Land Management, including the general administration of the Bureau, and assessment of mineral potential of public lands pursuant to section 1010(a) of Public Law 96–487 ( 16 U.S.C. 3150(a) ), $957,180,000, to remain available until expended; of which $3,000,000 shall be available in fiscal year 2015 subject to a match by at least an equal amount by the National Fish and Wildlife Foundation for cost-shared projects supporting conservation of Bureau lands; and such funds shall be advanced to the Foundation as a lump-sum grant without regard to when expenses are incurred. In addition, $32,500,000 is for the processing of applications for permit to drill and related use authorizations, to remain available until expended, to be reduced by amounts collected by the Bureau and credited to this appropriation that shall be derived from a fee of $6,500 per new application for permit to drill that the Bureau shall collect upon submission of each new application, and , in addition, $39,696,000 is for Mining Law Administration program operations, including the cost of administering the mining claim fee program, to remain available until expended, to be reduced by amounts collected by the Bureau and credited to this appropriation from mining claim maintenance fees and location fees that are hereby authorized for fiscal year 2015, so as to result in a final appropriation estimated at not more than $957,180,000, and $2,000,000, to remain available until expended, from communication site rental fees established by the Bureau for the cost of administering communication site activities. Land acquisition For expenses necessary to carry out sections 205, 206, and 318(d) of Public Law 94–579 , including administrative expenses and acquisition of lands or waters, or interests therein, $4,816,000, to be derived from the Land and Water Conservation Fund and to remain available until expended. Oregon and California grant lands For expenses necessary for management, protection, and development of resources and for construction, operation, and maintenance of access roads, reforestation, and other improvements on the revested Oregon and California Railroad grant lands, on other Federal lands in the Oregon and California land-grant counties of Oregon, and on adjacent rights-of-way; and acquisition of lands or interests therein, including existing connecting roads on or adjacent to such grant lands; $114,467,000, to remain available until expended: Provided , That 25 percent of the aggregate of all receipts during the current fiscal year from the revested Oregon and California Railroad grant lands is hereby made a charge against the Oregon and California land-grant fund and shall be transferred to the General Fund in the Treasury in accordance with the second paragraph of subsection (b) of title II of the Act of August 28, 1937 ( 43 U.S.C. 1181(f) ). Range improvements For rehabilitation, protection, and acquisition of lands and interests therein, and improvement of Federal rangelands pursuant to section 401 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1751 ), notwithstanding any other Act, sums equal to 50 percent of all moneys received during the prior fiscal year under sections 3 and 15 of the Taylor Grazing Act ( 43 U.S.C. 315(b) , 315(m)) and the amount designated for range improvements from grazing fees and mineral leasing receipts from Bankhead-Jones lands transferred to the Department of the Interior pursuant to law, but not less than $10,000,000, to remain available until expended: Provided , That not to exceed $600,000 shall be available for administrative expenses. Service charges, deposits, and forfeitures For administrative expenses and other costs related to processing application documents and other authorizations for use and disposal of public lands and resources, for costs of providing copies of official public land documents, for monitoring construction, operation, and termination of facilities in conjunction with use authorizations, and for rehabilitation of damaged property, such amounts as may be collected under Public Law 94–579 ( 43 U.S.C. 1701 et seq. ), and under section 28 of the Mineral Leasing Act ( 30 U.S.C. 185 ), to remain available until expended: Provided , That, notwithstanding any provision to the contrary of section 305(a) of Public Law 94–579 ( 43 U.S.C. 1735(a) ), any moneys that have been or will be received pursuant to that section, whether as a result of forfeiture, compromise, or settlement, if not appropriate for refund pursuant to section 305(c) of that Act ( 43 U.S.C. 1735(c) ), shall be available and may be expended under the authority of this Act by the Secretary to improve, protect, or rehabilitate any public lands administered through the Bureau of Land Management which have been damaged by the action of a resource developer, purchaser, permittee, or any unauthorized person, without regard to whether all moneys collected from each such action are used on the exact lands damaged which led to the action: Provided further , That any such moneys that are in excess of amounts needed to repair damage to the exact land for which funds were collected may be used to repair other damaged public lands. Miscellaneous trust funds In addition to amounts authorized to be expended under existing laws, there is hereby appropriated such amounts as may be contributed under section 307 of Public Law 94–579 ( 43 U.S.C. 1737 ), and such amounts as may be advanced for administrative costs, surveys, appraisals, and costs of making conveyances of omitted lands under section 211(b) of that Act ( 43 U.S.C. 1721(b) ), to remain available until expended. Administrative provisions The Bureau of Land Management may carry out the operations funded under this Act by direct expenditure, contracts, grants, cooperative agreements and reimbursable agreements with public and private entities, including with States. Appropriations for the Bureau shall be available for purchase, erection, and dismantlement of temporary structures, and alteration and maintenance of necessary buildings and appurtenant facilities to which the United States has title; up to $100,000 for payments, at the discretion of the Secretary, for information or evidence concerning violations of laws administered by the Bureau; miscellaneous and emergency expenses of enforcement activities authorized or approved by the Secretary and to be accounted for solely on the Secretary's certificate, not to exceed $10,000: Provided , That notwithstanding Public Law 90–620 ( 44 U.S.C. 501 ), the Bureau may, under cooperative cost-sharing and partnership arrangements authorized by law, procure printing services from cooperators in connection with jointly produced publications for which the cooperators share the cost of printing either in cash or in services, and the Bureau determines the cooperator is capable of meeting accepted quality standards: Provided further , That projects to be funded pursuant to a written commitment by a State government to provide an identified amount of money in support of the project may be carried out by the Bureau on a reimbursable basis. Appropriations herein made shall not be available for the destruction of healthy, unadopted, wild horses and burros in the care of the Bureau or its contractors or for the sale of wild horses and burros that results in their destruction for processing into commercial products. United states fish and wildlife service Resource management (Including Transfer of Funds) For necessary expenses of the United States Fish and Wildlife Service, as authorized by law, and for scientific and economic studies, general administration, and for the performance of other authorized functions related to such resources, $500,842,000, to remain available until September 30, 2016 except as otherwise provided herein: Provided , That not to exceed $17,852,000 shall be used for implementing subsections (a), (b), (c), and (e) of section 4 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533 ) (except for processing petitions, developing and issuing proposed and final regulations, and taking any other steps to implement actions described in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of which not to exceed $4,633,000 shall be used for any activity regarding the designation of critical habitat, pursuant to subsection (a)(3), excluding litigation support, for species listed pursuant to subsection (a)(1) prior to October 1, 2012; of which not to exceed $1,505,000 shall be used for any activity regarding petitions to list species that are indigenous to the United States pursuant to subsections (b)(3)(A) and (b)(3)(B); and, of which not to exceed $1,513,000 shall be used for implementing subsections (a), (b), (c), and (e) of section 4 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533 ) for species that are not indigenous to the United States: Provided further , That funds appropriated to this account to implement the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) may be transferred to the Fish and Aquatic Conservation account to implement non-regulatory activities authorized by such Act: Provided further , That none of the funds provided in this Act may be used to implement or administer the Landscape Conservation Cooperatives established under Secretarial Order No. 3289 issued by the Secretary of the Interior on September 14, 2009: Provided further , That not less than $1,390,000 shall be to revise maps referred to in section 4(a) of the Coastal Barrier Resources Act ( 16 U.S.C. 3503(a) ). PARTNERS FOR FISH AND WILDLIFE For necessary expenses to implement the Partners for Fish and Wildlife Act ( 16 U.S.C. 3771 et seq. ), $52,066,000, to remain available until September 30, 2016. NATIONAL WILDLIFE REFUGE SYSTEM For necessary expenses for operations and maintenance of the National Wildlife Refuge System, as authorized by law, $476,865,000, to remain available until September 30, 2016: Provided , That none of the funds made available by this or any other Act may be used to establish any refuge (as that term is defined in section 5 of the National Wildlife Refuge Administration Act of 1966 ( 16 U.S.C. 668ee )), or to expand the boundary of any refuge (as so defined), unless the establishment or boundary expansion, respectively, is expressly authorized by a law enacted after the date of enactment of this Act. FISH AND AQUATIC CONSERVATION (Including Transfer of Funds) For necessary expenses to partner with States, federally recognized Indian tribes, and others for the following activities, as authorized by law: to conserve fish, other aquatic species, and their habitats at self-sustaining levels and to further the science of such conservation; to fulfill the Federal Government’s fishery mitigation responsibilities for Federal water development projects; to fulfill Indian tribal trust responsibilities; to minimize aquatic invasive species; and to promote youth engagement, employment, and conservation through demonstrated support for recreational fishing and other public use and enjoyment of aquatic resources, $147,916,000, to remain available until September 30, 2016: Provided , That the amount appropriated by this account for the National Fish Hatchery System to implement the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) shall not exceed the amount expended by the National Fish Hatchery System to implement such Act in fiscal year 2012: Provided further , That additional amounts to implement such Act may be transferred from the Resource Management account: Provided further , That the Secretary of the Interior, in consultation with States, federally recognized Indian tribes, and other Federal agencies, shall determine annually the Federal Government’s fishery mitigation responsibilities for Federal water development projects not otherwise defined in statute, and shall annually report such determination to the Congress, together with any opposing views from such States or tribes: Provided further , That the Secretary shall report to the Congress before the end of fiscal year 2015 any such mitigation responsibilities not fulfilled: Provided further , That the Secretary of the Interior shall secure reimbursement from other Federal agencies for up to 100 but not less than 50 percent of the annual costs to the Federal Government to fulfill such mitigation responsibilities: Provided further , That no funds may be used to terminate any production programs, or to repurpose, close, or downsize operations at any facility of the National Fish Hatchery System: Provided further , That the Fish and Wildlife Service shall publish within 90 days of enactment of this Act an operations and maintenance plan for the National Fish Hatchery System that includes funding allocations and species-specific hatchery production targets by facility. Construction For construction, improvement, acquisition, or removal of buildings and other facilities required in the conservation, management, investigation, protection, and utilization of fish and wildlife resources, and the acquisition of lands and interests therein; $14,305,000, to remain available until expended. Land acquisition For expenses necessary to carry out the Land and Water Conservation Fund Act of 1965, (16 U.S.C. 460 l –4 et seq.), including administrative expenses, and for acquisition of land or waters, or interest therein, in accordance with statutory authority applicable to the United States Fish and Wildlife Service, $14,500,000, to be derived from the Land and Water Conservation Fund and to remain available until expended: Provided , That none of the funds appropriated for specific land acquisition projects may be used to pay for any administrative overhead, planning or other management costs: Provided further , That none of the funds made available by this or any other Act may be used to issue a final environmental assessment, an environmental impact statement, or a categorical exclusion under section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ) for the California Foothills Legacy Area easement program described in the draft environmental assessment published by the United States Fish and Wildlife Service and dated July 2013. Cooperative endangered species conservation fund For expenses necessary to carry out section 6 of the Endangered Species Act of 1973 ( 16 U.S.C. 1535 ), $49,227,000, to remain available until expended, of which $22,082,000 is to be derived from the Cooperative Endangered Species Conservation Fund; and of which $27,145,000 is to be derived from the Land and Water Conservation Fund. National wildlife refuge fund For expenses necessary to implement the Act of October 17, 1978 ( 16 U.S.C. 715s ), $38,073,000. North American wetlands conservation fund For expenses necessary to carry out the provisions of the North American Wetlands Conservation Act ( 16 U.S.C. 4401 et seq. ), $34,145,000, to remain available until expended. Neotropical migratory bird conservation For expenses necessary to carry out the Neotropical Migratory Bird Conservation Act ( 16 U.S.C. 6101 et seq. ), $3,660,000, to remain available until expended. Multinational species conservation fund For expenses necessary to carry out the African Elephant Conservation Act ( 16 U.S.C. 4201 et seq. ), the Asian Elephant Conservation Act of 1997 ( 16 U.S.C. 4261 et seq. ), the Rhinoceros and Tiger Conservation Act of 1994 ( 16 U.S.C. 5301 et seq. ), the Great Ape Conservation Act of 2000 ( 16 U.S.C. 6301 et seq. ), and the Marine Turtle Conservation Act of 2004 ( 16 U.S.C. 6601 et seq. ), $10,000,000, to remain available until expended. State and tribal wildlife grants For wildlife conservation grants to States and to the District of Columbia, Puerto Rico, Guam, the United States Virgin Islands, the Northern Mariana Islands, American Samoa, and federally recognized Indian tribes under the provisions of the Fish and Wildlife Act of 1956 and the Fish and Wildlife Coordination Act, for the development and implementation of programs for the benefit of wildlife and their habitat, including species that are not hunted or fished, $58,695,000, to remain available until expended: Provided , That of the amount provided herein, $5,000,000 is for a competitive grant program for federally recognized Indian tribes not subject to the remaining provisions of this appropriation: Provided further , That $12,695,000 is for a competitive grant program to implement approved plans for States, territories, and other jurisdictions and , at the discretion of affected States, the regional Associations of fish and wildlife agencies, not subject to the remaining provisions of this appropriation: Provided further , That the Secretary shall, after deducting $17,695,000 and administrative expenses, apportion the amount provided herein in the following manner: (1) to the District of Columbia and to the Commonwealth of Puerto Rico, each a sum equal to not more than one-half of 1 percent thereof; and (2) to Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands, each a sum equal to not more than one-fourth of 1 percent thereof: Provided further , That the Secretary shall apportion the remaining amount in the following manner: (1) one-third of which is based on the ratio to which the land area of such State bears to the total land area of all such States; and (2) two-thirds of which is based on the ratio to which the population of such State bears to the total population of all such States: Provided further , That the amounts apportioned under this paragraph shall be adjusted equitably so that no State shall be apportioned a sum which is less than 1 percent of the amount available for apportionment under this paragraph for any fiscal year or more than 5 percent of such amount: Provided further , That the Federal share of planning grants shall not exceed 75 percent of the total costs of such projects and the Federal share of implementation grants shall not exceed 65 percent of the total costs of such projects: Provided further , That the non-Federal share of such projects may not be derived from Federal grant programs: Provided further , That any amount apportioned in 2015 to any State, territory, or other jurisdiction that remains unobligated as of September 30, 2016, shall be reapportioned, together with funds appropriated in 2017, in the manner provided herein. Landowner incentive program (Rescission) Of the unobligated balances under this heading from prior year appropriations, all remaining amounts are rescinded. Private stewardship grants (Rescission) Of the unobligated balances under this heading from prior year appropriations, all remaining amounts are rescinded. Administrative provisions The United States Fish and Wildlife Service may carry out the operations of Service programs by direct expenditure, contracts, grants, cooperative agreements and reimbursable agreements with public and private entities. Appropriations and funds available to the United States Fish and Wildlife Service shall be available for repair of damage to public roads within and adjacent to reservation areas caused by operations of the Service; options for the purchase of land at not to exceed $1 for each option; facilities incident to such public recreational uses on conservation areas as are consistent with their primary purpose; and the maintenance and improvement of aquaria, buildings, and other facilities under the jurisdiction of the Service and to which the United States has title, and which are used pursuant to law in connection with management, and investigation of fish and wildlife resources: Provided , That notwithstanding 44 U.S.C. 501 , the Service may, under cooperative cost sharing and partnership arrangements authorized by law, procure printing services from cooperators in connection with jointly produced publications for which the cooperators share at least one-half the cost of printing either in cash or services and the Service determines the cooperator is capable of meeting accepted quality standards: Provided further , That the Service may accept donated aircraft as replacements for existing aircraft. None of the funds available to the United States Fish and Wildlife Service may be reprogrammed without the advance approval of the House and Senate Committees on Appropriations in accordance with the reprogramming procedures contained in the report accompanying this Act. National park service Operation of the national park system For expenses necessary for the management, operation, and maintenance of areas and facilities administered by the National Park Service and for the general administration of the National Park Service, $2,268,610,000, of which $9,923,000 for planning and interagency coordination in support of Everglades restoration and $81,600,000 for maintenance, repair, or rehabilitation projects for constructed assets shall remain available until September 30, 2016. National recreation and preservation For expenses necessary to carry out recreation programs, natural programs, cultural programs, heritage partnership programs, environmental compliance and review, international park affairs, and grant administration, not otherwise provided for, $60,695,000. Historic preservation fund For expenses necessary in carrying out the National Historic Preservation Act ( 16 U.S.C. 470 et seq. ), $56,410,000, to be derived from the Historic Preservation Fund and to remain available until September 30, 2016. Construction For construction, improvements, repair, or replacement of physical facilities, including modifications authorized by section 104 of the Everglades National Park Protection and Expansion Act of 1989 ( 16 U.S.C. 410r-8 ), $138,265,000, to remain available until expended: Provided , That notwithstanding any other provision of law, for any project initially funded in fiscal year 2015 with a future phase indicated in the National Park Service 5–Year Line Item Construction Plan, a single procurement may be issued which includes the full scope of the project: Provided further , That the solicitation and contract shall contain the clause availability of funds found at 48 CFR 52.232–18. Land and water conservation fund (rescission) The contract authority provided for fiscal year 2015 by section 9 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460 l –10a) is rescinded. Land acquisition and state assistance For expenses necessary to carry out the Land and Water Conservation Act of 1965 (16 U.S.C. 460 l –4 through 11), including administrative expenses, and for acquisition of lands or waters, or interest therein, in accordance with the statutory authority applicable to the National Park Service, $67,486,000, to be derived from the Land and Water Conservation Fund and to remain available until expended, of which $46,000,000 is for the State assistance program and of which $8,986,000 shall be for the American Battlefield Protection Program grants as authorized by section 7301 of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 ). Centennial challenge For expenses necessary to carry out the provisions of section 814(g) of Public Law 104–333 ( 16 U.S.C. 1f ) relating to challenge cost share agreements, $10,000,000, to remain available until expended, for Centennial Challenge projects and programs: Provided , That not less than 50 percent of the total cost of each project or program shall be derived from non-Federal sources in the form of donated cash, assets, or a pledge of donation guaranteed by an irrevocable letter of credit. Administrative provisions (including transfer of funds) In addition to other uses set forth in section 407(d) of Public Law 105–391 , franchise fees credited to a sub-account shall be available for expenditure by the Secretary, without further appropriation, for use at any unit within the National Park System to extinguish or reduce liability for Possessory Interest or leasehold surrender interest. Such funds may only be used for this purpose to the extent that the benefitting unit anticipated franchise fee receipts over the term of the contract at that unit exceed the amount of funds used to extinguish or reduce liability. Franchise fees at the benefitting unit shall be credited to the sub-account of the originating unit over a period not to exceed the term of a single contract at the benefitting unit, in the amount of funds so expended to extinguish or reduce liability. For the costs of administration of the Land and Water Conservation Fund grants authorized by section 105(a)(2)(B) of the Gulf of Mexico Energy Security Act of 2006 ( Public Law 109–432 ), the National Park Service may retain up to 3 percent of the amounts which are authorized to be disbursed under such section, such retained amounts to remain available until expended. National Park Service funds may be transferred to the Federal Highway Administration (FHWA), Department of Transportation, for purposes authorized under 23 U.S.C. 204. Transfers may include a reasonable amount for FHWA administrative support costs. United states geological survey Surveys, investigations, and research For expenses necessary for the United States Geological Survey to perform surveys, investigations, and research covering topography, geology, hydrology, biology, and the mineral and water resources of the United States, its territories and possessions, and other areas as authorized by 43 U.S.C. 31 , 1332, and 1340; classify lands as to their mineral and water resources; give engineering supervision to power permittees and Federal Energy Regulatory Commission licensees; administer the minerals exploration program ( 30 U.S.C. 641 ); conduct inquiries into the economic conditions affecting mining and materials processing industries ( 30 U.S.C. 3 , 21a, and 1603; 50 U.S.C. 98g(1) ) and related purposes as authorized by law; and to publish and disseminate data relative to the foregoing activities; $1,035,718,000, to remain available until September 30, 2016; of which $53,337,189 shall remain available until expended for satellite operations; and of which $7,280,000 shall be available until expended for deferred maintenance and capital improvement projects that exceed $100,000 in cost: Provided , That none of the funds provided for the ecosystem research activity shall be used to conduct new surveys on private property, unless specifically authorized in writing by the property owner: Provided further , That no part of this appropriation shall be used to pay more than one-half the cost of topographic mapping or water resources data collection and investigations carried on in cooperation with States and municipalities. Administrative provisions From within the amount appropriated for activities of the United States Geological Survey such sums as are necessary shall be available for contracting for the furnishing of topographic maps and for the making of geophysical or other specialized surveys when it is administratively determined that such procedures are in the public interest; construction and maintenance of necessary buildings and appurtenant facilities; acquisition of lands for gauging stations and observation wells; expenses of the United States National Committee for Geological Sciences; and payment of compensation and expenses of persons employed by the Survey duly appointed to represent the United States in the negotiation and administration of interstate compacts: Provided , That activities funded by appropriations herein made may be accomplished through the use of contracts, grants, or cooperative agreements as defined in section 6302 of title 31, United States Code: Provided further , That the United States Geological Survey may enter into contracts or cooperative agreements directly with individuals or indirectly with institutions or nonprofit organizations, without regard to 41 U.S.C. 6101 , for the temporary or intermittent services of students or recent graduates, who shall be considered employees for the purpose of chapters 57 and 81 of title 5, United States Code, relating to compensation for travel and work injuries, and chapter 171 of title 28, United States Code, relating to tort claims, but shall not be considered to be Federal employees for any other purposes. Bureau of ocean energy management Ocean energy management For expenses necessary for granting leases, easements, rights-of-way and agreements for use for oil and gas, other minerals, energy, and marine-related purposes on the Outer Continental Shelf and approving operations related thereto, as authorized by law; for environmental studies, as authorized by law; for implementing other laws and to the extent provided by Presidential or Secretarial delegation; and for matching grants or cooperative agreements, $169,770,000, of which $72,422,000 is to remain available until September 30, 2016 and of which $97,348,000 is to remain available until expended: Provided , That this total appropriation shall be reduced by amounts collected by the Secretary and credited to this appropriation from additions to receipts resulting from increases to lease rental rates in effect on August 5, 1993, and from cost recovery fees from activities conducted by the Bureau of Ocean Energy Management pursuant to the Outer Continental Shelf Lands Act, including studies, assessments, analysis, and miscellaneous administrative activities: Provided further , That the sum herein appropriated shall be reduced as such collections are received during the fiscal year, so as to result in a final fiscal year 2015 appropriation estimated at not more than $72,422,000: Provided further , That not to exceed $3,000 shall be available for reasonable expenses related to promoting volunteer beach and marine cleanup activities. Bureau of safety and environmental enforcement Offshore safety and environmental enforcement For expenses necessary for the regulation of operations related to leases, easements, rights-of-way and agreements for use for oil and gas, other minerals, energy, and marine-related purposes on the Outer Continental Shelf, as authorized by law; for enforcing and implementing laws and regulations as authorized by law and to the extent provided by Presidential or Secretarial delegation; and for matching grants or cooperative agreements, $124,726,000, of which $66,147,000 is to remain available until September 30, 2016 and of which $58,579,000 is to remain available until expended: Provided , That this total appropriation shall be reduced by amounts collected by the Secretary and credited to this appropriation from additions to receipts resulting from increases to lease rental rates in effect on August 5, 1993, and from cost recovery fees from activities conducted by the Bureau of Safety and Environmental Enforcement pursuant to the Outer Continental Shelf Lands Act, including studies, assessments, analysis, and miscellaneous administrative activities: Provided further , That the sum herein appropriated shall be reduced as such collections are received during the fiscal year, so as to result in a final fiscal year 2015 appropriation estimated at not more than $66,147,000. For an additional amount, $65,000,000, to remain available until expended, to be reduced by amounts collected by the Secretary and credited to this appropriation, which shall be derived from non-refundable inspection fees collected in fiscal year 2015, as provided in this Act: Provided , That to the extent that amounts realized from such inspection fees exceed $65,000,000, the amounts realized in excess of $65,000,000 shall be credited to this appropriation and remain available until expended: Provided further , That for fiscal year 2015, not less than 50 percent of the inspection fees expended by the Bureau of Safety and Environmental Enforcement will be used to fund personnel and mission-related costs to expand capacity and expedite the orderly development, subject to environmental safeguards, of the Outer Continental Shelf pursuant to the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ), including the review of applications for permits to drill. Oil spill research For necessary expenses to carry out title I, section 1016, title IV, sections 4202 and 4303, title VII, and title VIII, section 8201 of the Oil Pollution Act of 1990, $14,899,000, which shall be derived from the Oil Spill Liability Trust Fund, to remain available until expended. Office of surface mining reclamation and enforcement Regulation and technology For necessary expenses to carry out the provisions of the Surface Mining Control and Reclamation Act of 1977, Public Law 95–87 , $121,713,000, to remain available until September 30, 2016: Provided , That appropriations for the Office of Surface Mining Reclamation and Enforcement may provide for the travel and per diem expenses of State and tribal personnel attending Office of Surface Mining Reclamation and Enforcement sponsored training. In addition, for costs to review, administer, and enforce permits issued by the Office pursuant to section 507 of Public Law 95–87 ( 30 U.S.C. 1257 ), $40,000, to remain available until expended: Provided , That fees assessed and collected by the Office pursuant to such section 507 shall be credited to this account as discretionary offsetting collections, to remain available until expended: Provided further , That the sum herein appropriated from the general fund shall be reduced as collections are received during the fiscal year , so as to result in a fiscal year 2015 appropriation estimated at not more than $121,713,000. Abandoned mine reclamation fund For necessary expenses to carry out title IV of the Surface Mining Control and Reclamation Act of 1977, Public Law 95–87 , $27,399,000, to be derived from receipts of the Abandoned Mine Reclamation Fund and to remain available until expended: Provided , That pursuant to Public Law 97–365 , the Department of the Interior is authorized to use up to 20 percent from the recovery of the delinquent debt owed to the United States Government to pay for contracts to collect these debts: Provided further , That funds made available under title IV of Public Law 95–87 may be used for any required non-Federal share of the cost of projects funded by the Federal Government for the purpose of environmental restoration related to treatment or abatement of acid mine drainage from abandoned mines: Provided further , That such projects must be consistent with the purposes and priorities of the Surface Mining Control and Reclamation Act: Provided further , That amounts provided under this heading may be used for the travel and per diem expenses of State and tribal personnel attending Office of Surface Mining Reclamation and Enforcement sponsored training. Bureau of indian affairs and bureau of indian education Operation of indian programs (including transfer of funds) For expenses necessary for the operation of Indian programs, as authorized by law, including the Snyder Act of November 2, 1921 ( 25 U.S.C. 13 ), the Indian Self-Determination and Education Assistance Act of 1975 ( 25 U.S.C. 450 et seq. ), the Education Amendments of 1978 ( 25 U.S.C. 2001–2019 ), and the Tribally Controlled Schools Act of 1988 ( 25 U.S.C. 2501 et seq. ), $2,434,202,000, to remain available until September 30, 2016, except as otherwise provided herein; of which not to exceed $8,500 may be for official reception and representation expenses; of which not to exceed $74,809,000 shall be for welfare assistance payments: Provided , That in cases of designated Federal disasters, the Secretary may exceed such cap, from the amounts provided herein, to provide for disaster relief to Indian communities affected by the disaster: Provided further , That federally recognized Indian tribes and tribal organizations of federally recognized Indian tribes may use their tribal priority allocations for unmet welfare assistance costs: Provided further , That not to exceed $618,387,000 for school operations costs of Bureau-funded schools and other education programs shall become available on July 1, 2015, and shall remain available until September 30, 2016: Provided further , That not to exceed $48,553,000 shall remain available until expended for housing improvement, road maintenance, attorney fees, litigation support, land records improvement, and the Navajo-Hopi Settlement Program: Provided further , That notwithstanding any other provision of law, including but not limited to the Indian Self-Determination Act of 1975 ( 25 U.S.C. 450f et seq. ) and section 1128 of the Education Amendments of 1978 ( 25 U.S.C. 2008 ), not to exceed $72,019,000 within and only from such amounts made available for school operations shall be available for administrative cost grants associated with ongoing grants entered into with the Bureau prior to or during fiscal year 2014 for the operation of Bureau-funded schools, and up to $500,000 within and only from such amounts made available for administrative cost grants shall be available for the transitional costs of initial administrative cost grants to grantees that assume operation on or after July 1, 2014, of Bureau-funded schools: Provided further , That any forestry funds allocated to a federally recognized tribe which remain unobligated as of September 30, 2016, may be transferred during fiscal year 2017 to an Indian forest land assistance account established for the benefit of the holder of the funds within the holder's trust fund account: Provided further , That any such unobligated balances not so transferred shall expire on September 30, 2017: Provided further , That in order to enhance the safety of Bureau field employees, the Bureau may use funds to purchase uniforms or other identifying articles of clothing for personnel. Construction (including transfer of funds) For construction, repair, improvement, and maintenance of irrigation and power systems, buildings, utilities, and other facilities, including architectural and engineering services by contract; acquisition of lands, and interests in lands; and preparation of lands for farming, and for construction of the Navajo Indian Irrigation Project pursuant to Public Law 87–483 , $167,378,000, to remain available until expended: Provided , That such amounts as may be available for the construction of the Navajo Indian Irrigation Project may be transferred to the Bureau of Reclamation: Provided further , That not to exceed 6 percent of contract authority available to the Bureau of Indian Affairs from the Federal Highway Trust Fund may be used to cover the road program management costs of the Bureau: Provided further , That any funds provided for the Safety of Dams program pursuant to 25 U.S.C. 13 shall be made available on a nonreimbursable basis: Provided further , That for fiscal year 2015, in implementing new construction or facilities improvement and repair project grants in excess of $100,000 that are provided to grant schools under Public Law 100–297 , the Secretary of the Interior shall use the Administrative and Audit Requirements and Cost Principles for Assistance Programs contained in 43 CFR part 12 as the regulatory requirements: Provided further , That such grants shall not be subject to section 12.61 of 43 CFR; the Secretary and the grantee shall negotiate and determine a schedule of payments for the work to be performed: Provided further , That in considering grant applications, the Secretary shall consider whether such grantee would be deficient in assuring that the construction projects conform to applicable building standards and codes and Federal, tribal, or State health and safety standards as required by 25 U.S.C. 2005(b) , with respect to organizational and financial management capabilities: Provided further , That if the Secretary declines a grant application, the Secretary shall follow the requirements contained in 25 U.S.C. 2504(f) : Provided further , That any disputes between the Secretary and any grantee concerning a grant shall be subject to the disputes provision in 25 U.S.C. 2507(e) : Provided further , That in order to ensure timely completion of construction projects, the Secretary may assume control of a project and all funds related to the project, if, within 18 months of the date of enactment of this Act, any grantee receiving funds appropriated in this Act or in any prior Act, has not completed the planning and design phase of the project and commenced construction: Provided further , That this appropriation may be reimbursed from the Office of the Special Trustee for American Indians appropriation for the appropriate share of construction costs for space expansion needed in agency offices to meet trust reform implementation. Indian land and water claim settlements and miscellaneous payments to indians For payments and necessary administrative expenses for implementation of Indian land and water claim settlements pursuant to Public Laws 99–264, 100–580, 101–618, 111–11, and 111–291, and for implementation of other land and water rights settlements, $35,655,000, to remain available until expended. Indian guaranteed loan program account For the cost of guaranteed loans and insured loans, $7,731,000, of which $1,045,000 is for administrative expenses, as authorized by the Indian Financing Act of 1974: Provided , That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further , That these funds are available to subsidize total loan principal, any part of which is to be guaranteed or insured, not to exceed $100,496,183. Administrative provisions The Bureau of Indian Affairs may carry out the operation of Indian programs by direct expenditure, contracts, cooperative agreements, compacts, and grants, either directly or in cooperation with States and other organizations. Notwithstanding 25 U.S.C. 15 , the Bureau of Indian Affairs may contract for services in support of the management, operation, and maintenance of the Power Division of the San Carlos Irrigation Project. Notwithstanding any other provision of law, no funds available to the Bureau of Indian Affairs for central office oversight and Executive Direction and Administrative Services (except executive direction and administrative services funding for Tribal Priority Allocations, regional offices, and facilities operations and maintenance) shall be available for contracts, grants, compacts, or cooperative agreements with the Bureau of Indian Affairs under the provisions of the Indian Self-Determination Act or the Tribal Self-Governance Act of 1994 ( Public Law 103–413 ). In the event any tribe returns appropriations made available by this Act to the Bureau of Indian Affairs, this action shall not diminish the Federal Government's trust responsibility to that tribe, or the government-to-government relationship between the United States and that tribe, or that tribe's ability to access future appropriations. Notwithstanding any other provision of law, no funds available to the Bureau of Indian Education, other than the amounts provided herein for assistance to public schools under 25 U.S.C. 452 et seq. , shall be available to support the operation of any elementary or secondary school in the State of Alaska. No funds available to the Bureau of Indian Education shall be used to support expanded grades for any school or dormitory beyond the grade structure in place or approved by the Director of the Bureau of Indian Education (referred to in this paragraph as the Director ) at each school in the Bureau of Indian Education school system as of October 1, 1995, except that the Director may waive this prohibition to support expansion of up to one additional grade when the Director determines such waiver is needed to support accomplishment of the mission of the Bureau of Indian Education. Appropriations made available in this or any prior Act for schools funded by the Bureau shall be available, in accordance with the Bureau's funding formula, only to the schools in the Bureau school system as of September 1, 1996, and to any school or school program that was reinstated in fiscal year 2012. Funds made available under this Act may not be used to establish a charter school at a Bureau-funded school (as that term is defined in section 1141 of the Education Amendments of 1978 ( 25 U.S.C. 2021 )), except that a charter school that is in existence on the date of the enactment of this Act and that has operated at a Bureau-funded school before September 1, 1999, may continue to operate during that period, but only if the charter school pays to the Bureau a pro rata share of funds to reimburse the Bureau for the use of the real and personal property (including buses and vans), the funds of the charter school are kept separate and apart from Bureau funds, and the Bureau does not assume any obligation for charter school programs of the State in which the school is located if the charter school loses such funding. Employees of Bureau-funded schools sharing a campus with a charter school and performing functions related to the charter school's operation and employees of a charter school shall not be treated as Federal employees for purposes of chapter 171 of title 28, United States Code. Funds made available under this Act may not be used to establish a satellite school of an existing school in the Bureau of Indian Education school system, except that the Director of the Bureau may waive this prohibition upon request by a tribe if establishment of such satellite school would provide comparable levels of education as are being offered at such existing Bureau school, and would avoid incurring extraordinary costs to the Federal Government, such as for transportation over extended distances: Provided , That no funds made available under this Act may be used to fund any facilities-related costs for satellite school assets that are not owned by the Bureau: Provided further , That the term satellite school means a school location physically separated from the existing Bureau school by more than 50 miles but that forms part of the existing school in all other respects. Notwithstanding any other provision of law, including section 113 of title I of appendix C of Public Law 106–113 , if in fiscal year 2003 or 2004 a grantee received indirect and administrative costs pursuant to a distribution formula based on section 5(f) of Public Law 101–301 , the Secretary shall continue to distribute indirect and administrative cost funds to such grantee using the section 5(f) distribution formula. Departmental offices Office of the secretary Departmental operations For necessary expenses for management of the Department of the Interior, including the collection and disbursement of royalties, fees, and other mineral revenue proceeds, and for grants and cooperative agreements, as authorized by law, $255,736,000, to remain available until September 30, 2016; of which not to exceed $15,000 may be for official reception and representation expenses; and of which up to $1,000,000 shall be available for workers compensation payments and unemployment compensation payments associated with the orderly closure of the United States Bureau of Mines; and of which $6,000,000 for the Office of Valuation Services is to be derived from the Land and Water Conservation Fund and shall remain available until expended; and of which $38,300,000 shall remain available until expended for the purpose of mineral revenue management activities: Provided , That, notwithstanding any other provision of law, $15,000 under this heading shall be available for refunds of overpayments in connection with certain Indian leases in which the Secretary concurred with the claimed refund due, to pay amounts owed to Indian allottees or tribes, or to correct prior unrecoverable erroneous payments. Administrative provisions For fiscal year 2015, up to $400,000 of the payments authorized by the Act of October 20, 1976 ( 31 U.S.C. 6901–6907 ) may be retained for administrative expenses of the Payments in Lieu of Taxes Program: Provided , That no payment shall be made pursuant to that Act to otherwise eligible units of local government if the computed amount of the payment is less than $100: Provided further , That the Secretary may reduce the payment authorized by 31 U.S.C. 6901–6907 for an individual county by the amount necessary to correct prior year overpayments to that county: Provided further , That the amount needed to correct a prior year underpayment to an individual county shall be paid from any reductions for overpayments to other counties and the amount necessary to cover any remaining underpayment is hereby appropriated and shall be paid to individual counties: Provided further , That section 6906 of title 31, United States Code, is amended by striking 2014 and inserting 2015 . Insular affairs Assistance to territories For expenses necessary for assistance to territories under the jurisdiction of the Department of the Interior and other jurisdictions identified in section 104(e) of Public Law 108–188 , $85,476,000, of which: (1) $76,028,000 shall remain available until expended for territorial assistance, including general technical assistance, maintenance assistance, disaster assistance, coral reef initiative activities, and brown tree snake control and research; grants to the judiciary in American Samoa for compensation and expenses, as authorized by law ( 48 U.S.C. 1661(c) ); grants to the Government of American Samoa, in addition to current local revenues, for construction and support of governmental functions; grants to the Government of the Virgin Islands as authorized by law; grants to the Government of Guam, as authorized by law; and grants to the Government of the Northern Mariana Islands as authorized by law ( Public Law 94–241 ; 90 Stat. 272); and (2) $9,448,000 shall be available until September 30, 2016, for salaries and expenses of the Office of Insular Affairs: Provided , That all financial transactions of the territorial and local governments herein provided for, including such transactions of all agencies or instrumentalities established or used by such governments, may be audited by the Government Accountability Office, at its discretion, in accordance with chapter 35 of title 31, United States Code: Provided further , That Northern Mariana Islands Covenant grant funding shall be provided according to those terms of the Agreement of the Special Representatives on Future United States Financial Assistance for the Northern Mariana Islands approved by Public Law 104–134 : Provided further , That the funds for the program of operations and maintenance improvement are appropriated to institutionalize routine operations and maintenance improvement of capital infrastructure with territorial participation and cost sharing to be determined by the Secretary based on the grantee's commitment to timely maintenance of its capital assets: Provided further , That any appropriation for disaster assistance under this heading in this Act or previous appropriations Acts may be used as non-Federal matching funds for the purpose of hazard mitigation grants provided pursuant to section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170c ). Compact of free association For grants and necessary expenses, $3,318,000, to remain available until expended, as provided for in sections 221(a)(2) and 233 of the Compact of Free Association for the Republic of Palau; and section 221(a)(2) of the Compacts of Free Association for the Government of the Republic of the Marshall Islands and the Federated States of Micronesia, as authorized by Public Law 99–658 and Public Law 108–188 . Administrative provisions (including transfer of funds) At the request of the Governor of Guam, the Secretary may transfer discretionary funds or mandatory funds provided under section 104(e) of Public Law 108–188 and Public Law 104–134 , that are allocated for Guam, to the Secretary of Agriculture for the subsidy cost of direct or guaranteed loans, plus not to exceed three percent of the amount of the subsidy transferred for the cost of loan administration, for the purposes authorized by the Rural Electrification Act of 1936 and section 306(a)(1) of the Consolidated Farm and Rural Development Act for construction and repair projects in Guam, and such funds shall remain available until expended: Provided , That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further , That such loans or loan guarantees may be made without regard to the population of the area, credit elsewhere requirements, and restrictions on the types of eligible entities under the Rural Electrification Act of 1936 and section 306(a)(1) of the Consolidated Farm and Rural Development Act: Provided further , That any funds transferred to the Secretary of Agriculture shall be in addition to funds otherwise made available to make or guarantee loans under such authorities. Office of the solicitor Salaries and expenses For necessary expenses of the Office of the Solicitor, $64,024,000. Office of inspector general Salaries and expenses For necessary expenses of the Office of Inspector General, $49,458,000. Office of the special trustee for American indians Federal trust programs (including transfer of funds) For the operation of trust programs for Indians by direct expenditure, contracts, cooperative agreements, compacts, and grants, $139,029,000, to remain available until expended, of which not to exceed $23,061,000 from this or any other Act, may be available for historical accounting: Provided , That funds for trust management improvements and litigation support may, as needed, be transferred to or merged with the Bureau of Indian Affairs and Bureau of Indian Education, Operation of Indian Programs account; the Office of the Solicitor, Salaries and Expenses account; and the Office of the Secretary, Departmental Operations account: Provided further , That funds made available through contracts or grants obligated during fiscal year 2015, as authorized by the Indian Self-Determination Act of 1975 ( 25 U.S.C. 450 et seq. ), shall remain available until expended by the contractor or grantee: Provided further , That, notwithstanding any other provision of law, the Secretary shall not be required to provide a quarterly statement of performance for any Indian trust account that has not had activity for at least 18 months and has a balance of $15 or less: Provided further , That the Secretary shall issue an annual account statement and maintain a record of any such accounts and shall permit the balance in each such account to be withdrawn upon the express written request of the account holder: Provided further , That not to exceed $50,000 is available for the Secretary to make payments to correct administrative errors of either disbursements from or deposits to Individual Indian Money or Tribal accounts after September 30, 2002: Provided further , That erroneous payments that are recovered shall be credited to and remain available in this account for this purpose: Provided further , That the Secretary shall not be required to reconcile Special Deposit Accounts with a balance of less than $500 unless the Office of the Special Trustee receives proof of ownership from a Special Deposit Accounts claimant. Department-wide programs Wildland fire management (including transfers of funds) For necessary expenses for fire preparedness, fire suppression operations, fire science and research, emergency rehabilitation, hazardous fuels management activities, and rural fire assistance by the Department of the Interior, $804,779,000, to remain available until expended, of which not to exceed $6,127,000 shall be for the renovation or construction of fire facilities: Provided , That such funds are also available for repayment of advances to other appropriation accounts from which funds were previously transferred for such purposes: Provided further , That of the funds provided $160,000,000 is for hazardous fuels management activities: Provided further , That of the funds provided $22,035,000 is for burned area rehabilitation: Provided further , That persons hired pursuant to 43 U.S.C. 1469 may be furnished subsistence and lodging without cost from funds available from this appropriation: Provided further , That notwithstanding 42 U.S.C. 1856d , sums received by a bureau or office of the Department of the Interior for fire protection rendered pursuant to 42 U.S.C. 1856 et seq. , protection of United States property, may be credited to the appropriation from which funds were expended to provide that protection, and are available without fiscal year limitation: Provided further , That using the amounts designated under this title of this Act, the Secretary of the Interior may enter into procurement contracts, grants, or cooperative agreements, for hazardous fuels management activities, and for training and monitoring associated with such hazardous fuels management activities on Federal land or on adjacent non-Federal land for activities that benefit resources on Federal land: Provided further , That the costs of implementing any cooperative agreement between the Federal Government and any non-Federal entity may be shared, as mutually agreed on by the affected parties: Provided further , That notwithstanding requirements of the Competition in Contracting Act, the Secretary, for purposes of hazardous fuels management activities, may obtain maximum practicable competition among: (1) local private, nonprofit, or cooperative entities; (2) Youth Conservation Corps crews, Public Lands Corps ( Public Law 109–154 ), or related partnerships with State, local, or nonprofit youth groups; (3) small or micro-businesses; or (4) other entities that will hire or train locally a significant percentage, defined as 50 percent or more, of the project workforce to complete such contracts: Provided further , That in implementing this section, the Secretary shall develop written guidance to field units to ensure accountability and consistent application of the authorities provided herein: Provided further , That funds appropriated under this heading may be used to reimburse the United States Fish and Wildlife Service and the National Marine Fisheries Service for the costs of carrying out their responsibilities under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) to consult and conference, as required by section 7 of such Act, in connection with wildland fire management activities: Provided further , That the Secretary of the Interior may use wildland fire appropriations to enter into leases of real property with local governments, at or below fair market value, to construct capitalized improvements for fire facilities on such leased properties, including but not limited to fire guard stations, retardant stations, and other initial attack and fire support facilities, and to make advance payments for any such lease or for construction activity associated with the lease: Provided further , That the Secretary of the Interior and the Secretary of Agriculture may authorize the transfer of funds appropriated for wildland fire management, in an aggregate amount not to exceed $50,000,000, between the Departments when such transfers would facilitate and expedite wildland fire management programs and projects: Provided further , That funds provided for wildfire suppression shall be available for support of Federal emergency response actions: Provided further , That funds appropriated under this heading shall be available for assistance to or through the Department of State in connection with forest and rangeland research, technical information, and assistance in foreign countries, and, with the concurrence of the Secretary of State, shall be available to support forestry, wildland fire management, and related natural resource activities outside the United States and its territories and possessions, including technical assistance, education and training, and cooperation with United States and international organizations. Flame wildfire suppression reserve fund (including transfer of funds) For necessary expenses for large fire suppression operations of the Department of the Interior and as a reserve fund for suppression and Federal emergency response activities, $92,000,000, to remain available until expended: Provided , That such amounts are only available for transfer to the Wildland Fire Management account following a declaration by the Secretary in accordance with section 502 of the FLAME Act of 2009 ( 43 U.S.C. 1748a ). Central hazardous materials fund For necessary expenses of the Department of the Interior and any of its component offices and bureaus for the response action, including associated activities, performed pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act ( 42 U.S.C. 9601 et seq. ), $9,598,000, to remain available until expended. Natural resource damage assessment and restoration Natural resource damage assessment fund To conduct natural resource damage assessment, restoration activities, and onshore oil spill preparedness by the Department of the Interior necessary to carry out the provisions of the Comprehensive Environmental Response, Compensation, and Liability Act ( 42 U.S.C. 9601 et seq. ), the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ), the Oil Pollution Act of 1990 ( 33 U.S.C. 2701 et seq. ), and Public Law 101–337 ( 16 U.S.C. 19jj et seq. ), $6,094,000, to remain available until expended. Working capital fund For the operation and maintenance of a departmental financial and business management system, information technology improvements of general benefit to the Department, consolidation of facilities and operations throughout the Department, $53,786,000, to remain available until expended: Provided , That none of the funds appropriated in this Act or any other Act may be used to establish reserves in the Working Capital Fund account other than for accrued annual leave and depreciation of equipment without prior approval of the Committees on Appropriations of the House of Representatives and the Senate: Provided further , That the Secretary may assess reasonable charges to State, local and tribal government employees for training services provided by the National Indian Program Training Center, other than training related to Public Law 93–638 : Provided further , That the Secretary may lease or otherwise provide space and related facilities, equipment or professional services of the National Indian Program Training Center to State, local and tribal government employees or persons or organizations engaged in cultural, educational, or recreational activities (as defined in section 3306(a) of title 40, United States Code) at the prevailing rate for similar space, facilities, equipment, or services in the vicinity of the National Indian Program Training Center: Provided further , That all funds received pursuant to the two preceding provisos shall be credited to this account, shall be available until expended, and shall be used by the Secretary for necessary expenses of the National Indian Program Training Center: Provided further , That the Secretary may enter into grants and cooperative agreements to support the Office of Natural Resource Revenue's collection and disbursement of royalties, fees, and other mineral revenue proceeds, as authorized by law. Administrative provision There is hereby authorized for acquisition from available resources within the Working Capital Fund, aircraft which may be obtained by donation, purchase or through available excess surplus property: Provided , That existing aircraft being replaced may be sold, with proceeds derived or trade-in value used to offset the purchase price for the replacement aircraft. General provisions, Department of the Interior (Including Transfers of Funds) Emergency transfer authority—intra-bureau 101. Appropriations made in this title shall be available for expenditure or transfer (within each bureau or office), with the approval of the Secretary, for the emergency reconstruction, replacement, or repair of aircraft, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or other unavoidable causes: Provided , That no funds shall be made available under this authority until funds specifically made available to the Department of the Interior for emergencies shall have been exhausted: Provided further , That all funds used pursuant to this section must be replenished by a supplemental appropriation, which must be requested as promptly as possible. Emergency transfer authority—department-wide 102. The Secretary may authorize the expenditure or transfer of any no year appropriation in this title, in addition to the amounts included in the budget programs of the several agencies, for the suppression or emergency prevention of wildland fires on or threatening lands under the jurisdiction of the Department of the Interior; for the emergency rehabilitation of burned-over lands under its jurisdiction; for emergency actions related to potential or actual earthquakes, floods, volcanoes, storms, or other unavoidable causes; for contingency planning subsequent to actual oil spills; for response and natural resource damage assessment activities related to actual oil spills or releases of hazardous substances into the environment; for the prevention, suppression, and control of actual or potential grasshopper and Mormon cricket outbreaks on lands under the jurisdiction of the Secretary, pursuant to the authority in section 417(b) of Public Law 106–224 ( 7 U.S.C. 7717(b) ); for emergency reclamation projects under section 410 of Public Law 95–87 ; and shall transfer, from any no year funds available to the Office of Surface Mining Reclamation and Enforcement, such funds as may be necessary to permit assumption of regulatory authority in the event a primacy State is not carrying out the regulatory provisions of the Surface Mining Act: Provided , That appropriations made in this title for wildland fire operations shall be available for the payment of obligations incurred during the preceding fiscal year, and for reimbursement to other Federal agencies for destruction of vehicles, aircraft, or other equipment in connection with their use for wildland fire operations, such reimbursement to be credited to appropriations currently available at the time of receipt thereof: Provided further , That for wildland fire operations, no funds shall be made available under this authority until the Secretary determines that funds appropriated for wildland fire operations and FLAME Wildfire Suppression Reserve Fund shall be exhausted within 30 days: Provided further , That all funds used pursuant to this section must be replenished by a supplemental appropriation , which must be requested as promptly as possible: Provided further , That such replenishment funds shall be used to reimburse, on a pro rata basis, accounts from which emergency funds were transferred. Authorized use of funds 103. Appropriations made to the Department of the Interior in this title shall be available for services as authorized by section 3109 of title 5, United States Code, when authorized by the Secretary, in total amount not to exceed $500,000; purchase and replacement of motor vehicles, including specially equipped law enforcement vehicles; hire, maintenance, and operation of aircraft; hire of passenger motor vehicles; purchase of reprints; payment for telephone service in private residences in the field, when authorized under regulations approved by the Secretary; and the payment of dues, when authorized by the Secretary, for library membership in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members. Authorized use of funds, indian trust management 104. Appropriations made in this Act under the headings Bureau of Indian Affairs and Bureau of Indian Education, and Office of the Special Trustee for American Indians and any unobligated balances from prior appropriations Acts made under the same headings shall be available for expenditure or transfer for Indian trust management and reform activities. Total funding for historical accounting activities shall not exceed amounts specifically designated in this Act for such purpose. Ellis, governors, and liberty islands 105. Notwithstanding any other provision of law, the Secretary of the Interior is authorized to acquire lands, waters, or interests therein including the use of all or part of any pier, dock, or landing within the State of New York and the State of New Jersey, for the purpose of operating and maintaining facilities in the support of transportation and accommodation of visitors to Ellis, Governors, and Liberty Islands, and of other program and administrative activities, by donation or with appropriated funds, including franchise fees (and other monetary consideration), or by exchange; and the Secretary is authorized to negotiate and enter into leases, subleases, concession contracts or other agreements for the use of such facilities on such terms and conditions as the Secretary may determine reasonable. Outer continental shelf inspection fees 106. (a) In fiscal year 2015, the Secretary shall collect a nonrefundable inspection fee, which shall be deposited in the Offshore Safety and Environmental Enforcement account, from the designated operator for facilities subject to inspection under 43 U.S.C. 1348(c) . (b) Annual fees shall be collected for facilities that are above the waterline, excluding drilling rigs, and are in place at the start of the fiscal year. Fees for fiscal year 2015 shall be: (1) $10,500 for facilities with no wells, but with processing equipment or gathering lines; (2) $17,000 for facilities with 1 to 10 wells, with any combination of active or inactive wells; and (3) $31,500 for facilities with more than 10 wells, with any combination of active or inactive wells. (c) Fees for drilling rigs shall be assessed for all inspections completed in fiscal year 2015. Fees for fiscal year 2015 shall be: (1) $30,500 per inspection for rigs operating in water depths of 500 feet or more; and (2) $16,700 per inspection for rigs operating in water depths of less than 500 feet. (d) The Secretary shall bill designated operators under subsection (b) within 60 days, with payment required within 30 days of billing. The Secretary shall bill designated operators under subsection (c) within 30 days of the end of the month in which the inspection occurred, with payment required within 30 days of billing. Oil and gas leasing internet program 107. Notwithstanding section 17(b)(1)(A) of the Mineral Leasing Act ( 30 U.S.C. 226(b)(1)(A) ), the Secretary of the Interior shall have the authority to implement an oil and gas leasing Internet program, under which the Secretary may conduct lease sales through methods other than oral bidding. Bureau of ocean energy management, regulation and enforcement reorganization 108. The Secretary of the Interior, in order to implement a reorganization of the Bureau of Ocean Energy Management, Regulation and Enforcement, may transfer funds among and between the successor offices and bureaus affected by the reorganization only in conformance with the reprogramming guidelines described in the report accompanying this Act. Contracts and agreements for wild horse and burro holding facilities 109. Notwithstanding any other provision of this Act, the Secretary of the Interior may enter into multiyear cooperative agreements with nonprofit organizations and other appropriate entities, and may enter into multiyear contracts in accordance with the provisions of section 304B of the Federal Property and Administrative Services Act of 1949 ( 41 U.S.C. 254c ) (except that the 5-year term restriction in subsection (d) shall not apply), for the long-term care and maintenance of excess wild free roaming horses and burros by such organizations or entities on private land. Such cooperative agreements and contracts may not exceed 10 years, subject to renewal at the discretion of the Secretary. Mass marking of salmonids 110. The United States Fish and Wildlife Service shall, in carrying out its responsibilities to protect threatened and endangered species of salmon, implement a system of mass marking of salmonid stocks, intended for harvest, that are released from federally operated or federally financed hatcheries including but not limited to fish releases of coho, chinook, and steelhead species. Marked fish must have a visible mark that can be readily identified by commercial and recreational fishers. Exhaustion of administrative review 111. Section 122(a)(1) of division E of Public Law 112–74 (125 Stat. 1013) is amended by striking fiscal years 2012 through 2015 and inserting fiscal year 2012 and each fiscal year thereafter . Wild lands funding prohibition 112. None of the funds made available in this Act or any other Act may be used to implement, administer, or enforce Secretarial Order No. 3310 issued by the Secretary of the Interior on December 22, 2010. Bureau of indian education operated schools 113. Section 115(d) of Division E of Public Law 112–74 (125 Stat. 1010) is amended by striking 2014 and inserting 2017 . REAUTHORIZATION OF FOREST ECOSYSTEM HEALTH AND RECOVERY FUND 114. Title I of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2010 ( Public Law 111–88 ) is amended in the text under the heading ‘‘FOREST ECOSYSTEM HEALTH AND RECOVERY FUND’’ by striking ‘‘2015’’ each place it appears and inserting ‘‘2020’’. Ivory 115. None of the funds made available by this or any other Act may be used to draft, prepare, implement, or enforce any new or revised regulation or order that— (1) prohibits or restricts, within the United States, the possession, sale, delivery, receipt, shipment, or transportation of ivory that has been lawfully imported into the United States; (2) changes any means of determining, including any applicable presumptions concerning, when ivory has been lawfully imported; or (3) prohibits or restricts the importation of ivory that was lawfully importable into the United States as of February 1, 2014. Valley Elderberry Longhorn Beetle 116. None of the funds made available by this Act or any other Act may be used before October 1, 2015, for any study, nor to withdraw or finalize any rule, with regard to the valley elderberry longhorn beetle under the Endangered Species Act of 1973 ( 16 U.S.C. 1351 et seq. ), except that the Secretary of the Interior shall accept for the record additional public comments on the Peer Review of the Scientific Findings in the Proposed Rule to Delist the Valley Elderberry Longhorn Beetle, dated January 2013, for a period of no less than 180 days following the date of the enactment of this Act. Sage-Grouse 117. None of the funds made available by this or any other Act may be used by the Secretary of the Interior to write or issue pursuant to section 4 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533 )— (1) a proposed rule for greater sage-grouse ( Centrocercus urophasianus ); (2) a proposed rule for the Columbia basin distinct population segment of greater sage-grouse; (3) a final rule for the bi-state distinct population segment of greater sage-grouse; or (4) a final rule for Gunnison sage-grouse ( Centrocercus minimus ). AMPHIBIANS 118. The United States Fish and Wildlife Service shall release for public comment and submit for scientific peer review not later than December 30, 2015, individual or multi-species recovery plans for the Sierra Nevada yellow-legged frog; the northern distinct population segment of the mountain yellow-legged frog; and the Yosemite toad. The plans shall include analyses of social and economic impacts of implementing recovery actions as well as efforts to minimize such impacts as required by the policy published on July 1, 1994 (59 Fed. Reg. 34272 et seq.). II Environmental protection agency Science and technology For science and technology, including research and development activities, which shall include research and development activities under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980; necessary expenses for personnel and related costs and travel expenses; procurement of laboratory equipment and supplies; and other operating expenses in support of research and development, $716,588,000, to remain available until September 30, 2016: Provided , That of the funds included under this heading, $4,234,000 shall be for Research: National Priorities as specified in the report accompanying this Act. Environmental programs and management For environmental programs and management, including necessary expenses, not otherwise provided for, for personnel and related costs and travel expenses; hire of passenger motor vehicles; hire, maintenance, and operation of aircraft; purchase of reprints; library memberships in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members; administrative costs of the brownfields program under the Small Business Liability Relief and Brownfields Revitalization Act of 2002; and not to exceed $19,000 for official reception and representation expenses, $2,508,603,000, to remain available until September 30, 2016: Provided , That of the funds included under this heading, $12,700,000 shall be for Environmental Protection: National Priorities as specified in the report accompanying this Act: Provided further , That of the funds included under this heading, $406,256,000 shall be for Geographic Programs specified in the report accompanying this Act. Hazardous waste electronic manifest system fund For necessary expenses to carry out section 3024 of the Solid Waste Disposal Act ( 42 U.S.C. 6939g ), including the development, operation, maintenance, and upgrading of the hazardous waste electronic manifest system established by such section, $5,000,000, to remain available until September 30, 2017. Office of inspector general For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $40,000,000, to remain available until September 30, 2016. Buildings and facilities For construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities of, or for use by, the Environmental Protection Agency, $34,467,000, to remain available until expended. Hazardous substance superfund (including transfers of funds) For necessary expenses to carry out the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) ( 42 U.S.C. 9611 ) $1,156,603,000, to remain available until expended, consisting of such sums as are available in the Trust Fund on September 30, 2014, as authorized by section 517(a) of the Superfund Amendments and Reauthorization Act of 1986 (SARA) and up to $1,156,603,000 as a payment from general revenues to the Hazardous Substance Superfund for purposes as authorized by section 517(b) of SARA: Provided , That funds appropriated under this heading may be allocated to other Federal agencies in accordance with section 111(a) of CERCLA: Provided further , That of the funds appropriated under this heading, $9,939,000 shall be paid to the Office of Inspector General appropriation to remain available until September 30, 2016, and $18,850,000 shall be paid to the Science and Technology appropriation to remain available until September 30, 2016. Leaking underground storage tank trust fund program For necessary expenses to carry out leaking underground storage tank cleanup activities authorized by subtitle I of the Solid Waste Disposal Act, $95,647,000, to remain available until expended, of which $70,018,000 shall be for carrying out leaking underground storage tank cleanup activities authorized by section 9003(h) of the Solid Waste Disposal Act; $25,629,000 shall be for carrying out the other provisions of the Solid Waste Disposal Act specified in section 9508(c) of the Internal Revenue Code: Provided , That the Administrator is authorized to use appropriations made available under this heading to implement section 9013 of the Solid Waste Disposal Act to provide financial assistance to federally recognized Indian tribes for the development and implementation of programs to manage underground storage tanks. Inland oil spill programs For expenses necessary to carry out the Environmental Protection Agency's responsibilities under the Oil Pollution Act of 1990, $17,944,000, to be derived from the Oil Spill Liability trust fund, to remain available until expended. State and tribal assistance grants For environmental programs and infrastructure assistance, including capitalization grants for State revolving funds and performance partnership grants, $2,951,895,000, to remain available until expended, of which— (1) $1,018,000,000 shall be for making capitalization grants for the Clean Water State Revolving Funds under title VI of the Federal Water Pollution Control Act; and of which $757,000,000 shall be for making capitalization grants for the Drinking Water State Revolving Funds under section 1452 of the Safe Drinking Water Act: Provided , That for fiscal year 2015, funds made available under this title to each State for Clean Water State Revolving Fund capitalization grants and for Drinking Water State Revolving Fund capitalization grants may, at the discretion of each State, be used for projects to address green infrastructure, water or energy efficiency improvements, or other environmentally innovative activities: Provided further , That notwithstanding section 603(d)(7) of the Federal Water Pollution Control Act, the limitation on the amounts in a State water pollution control revolving fund that may be used by a State to administer the fund shall not apply to amounts included as principal in loans made by such fund in fiscal year 2015 and prior years where such amounts represent costs of administering the fund to the extent that such amounts are or were deemed reasonable by the Administrator, accounted for separately from other assets in the fund, and used for eligible purposes of the fund, including administration: Provided further , That for fiscal year 2015, notwithstanding the limitation on amounts in section 518(c) of the Federal Water Pollution Control Act, up to a total of 2 percent of the funds appropriated, or $30,000,000, whichever is greater, and notwithstanding the limitation on amounts in section 1452(i) of the Safe Drinking Water Act, up to a total of 2 percent of the funds appropriated, or $20,000,000, whichever is greater, for State Revolving Funds under such Acts may be reserved by the Administrator for grants under section 518(c) and section 1452(i) of such Acts: Provided further , That for fiscal year 2015, notwithstanding the amounts specified in section 205(c) of the Federal Water Pollution Control Act, up to 1.5 percent of the aggregate funds appropriated for the Clean Water State Revolving Fund program under the Act less any sums reserved under section 518(c) of the Act, may be reserved by the Administrator for grants made under title II of the Federal Water Pollution Control Act for American Samoa, Guam, the Commonwealth of the Northern Marianas, and United States Virgin Islands: Provided further , That for fiscal year 2015, notwithstanding the limitations on amounts specified in section 1452(j) of the Safe Drinking Water Act, up to 1.5 percent of the funds appropriated for the Drinking Water State Revolving Fund programs under the Safe Drinking Water Act may be reserved by the Administrator for grants made under section 1452(j) of the Safe Drinking Water Act: Provided further , That 10 percent of the funds made available under this title to each State for Clean Water State Revolving Fund capitalization grants and 20 percent of the funds made available under this title to each State for Drinking Water State Revolving Fund capitalization grants shall be used by the State to provide additional subsidy to eligible recipients in the form of forgiveness of principal, negative interest loans, or grants (or any combination of these), and shall be so used by the State only where such funds are provided as initial financing for an eligible recipient or to buy, refinance, or restructure the debt obligations of eligible recipients only where such debt was incurred on or after the date of enactment of this Act; (2) $5,000,000 shall be for architectural, engineering, planning, design, construction and related activities in connection with the construction of high priority water and wastewater facilities in the area of the United States-Mexico Border, after consultation with the appropriate border commission; Provided , That no funds provided by this appropriations Act to address the water, wastewater and other critical infrastructure needs of the colonias in the United States along the United States-Mexico border shall be made available to a county or municipal government unless that government has established an enforceable local ordinance, or other zoning rule, which prevents in that jurisdiction the development or construction of any additional colonia areas, or the development within an existing colonia the construction of any new home, business, or other structure which lacks water, wastewater, or other necessary infrastructure; (3) $10,000,000 shall be for grants to the State of Alaska to address drinking water and wastewater infrastructure needs of rural and Alaska Native Villages: Provided , That of these funds: (A) the State of Alaska shall provide a match of 25 percent; (B) no more than 5 percent of the funds may be used for administrative and overhead expenses; and (C) the State of Alaska shall make awards consistent with the Statewide priority list established in conjunction with the Agency and the U.S. Department of Agriculture for all water, sewer, waste disposal, and similar projects carried out by the State of Alaska that are funded under section 221 of the Federal Water Pollution Control Act ( 33 U.S.C. 1301 ) or the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1921 et seq. ) which shall allocate not less than 25 percent of the funds provided for projects in regional hub communities; (4) $75,000,000 shall be to carry out section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), including grants, interagency agreements, and associated program support costs: Provided , That not more than 25 percent of the amount appropriated to carry out section 104(k) of CERCLA shall be used for site characterization, assessment, and remediation of facilities described in section 101(39)(D)(ii)(II) of CERCLA; (5) $30,000,000 shall be for grants under title VII, subtitle G of the Energy Policy Act of 2005; (6) $10,000,000 shall be for targeted airshed grants in accordance with the terms and conditions of the explanatory statement accompanying this Act; and (7) $1,046,895,000 shall be for grants, including associated program support costs, to States, federally recognized tribes, interstate agencies, tribal consortia, and air pollution control agencies for multi-media or single media pollution prevention, control and abatement and related activities, including activities pursuant to the provisions set forth under this heading in Public Law 104–134 , and for making grants under section 103 of the Clean Air Act for particulate matter monitoring and data collection activities subject to terms and conditions specified by the Administrator, of which: $47,745,000 shall be for carrying out section 128 of CERCLA; $9,646,000 shall be for Environmental Information Exchange Network grants, including associated program support costs; $1,498,000 shall be for grants to States under section 2007(f)(2) of the Solid Waste Disposal Act, which shall be in addition to funds appropriated under the heading Leaking Underground Storage Tank Trust Fund Program to carry out the provisions of the Solid Waste Disposal Act specified in section 9508(c) of the Internal Revenue Code other than section 9003(h) of the Solid Waste Disposal Act; $17,848,000 of the funds available for grants under section 106 of the Federal Water Pollution Control Act shall be for State participation in national- and State-level statistical surveys of water resources and enhancements to State monitoring programs. Administrative provisions—environmental protection agency (including transfer and rescission of funds) For fiscal year 2015, notwithstanding 31 U.S.C. 6303(1) and 6305(1), the Administrator of the Environmental Protection Agency, in carrying out the Agency's function to implement directly Federal environmental programs required or authorized by law in the absence of an acceptable tribal program, may award cooperative agreements to federally recognized Indian tribes or Intertribal consortia, if authorized by their member tribes, to assist the Administrator in implementing Federal environmental programs for Indian tribes required or authorized by law, except that no such cooperative agreements may be awarded from funds designated for State financial assistance agreements. The Administrator of the Environmental Protection Agency is authorized to collect and obligate pesticide registration service fees in accordance with section 33 of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136w-8 ), as amended by the Pesticide Registration Improvement Extension Act of 2012 ( Public Law 112–177 ), including pesticide registration service fees that were collected and sequestered in fiscal year 2013. Notwithstanding section 33(d)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) ( 7 U.S.C. 136w-8(d)(2) ), the Administrator of the Environmental Protection Agency may assess fees under section 33 of FIFRA ( 7 U.S.C. 136w-8 ) for fiscal year 2015. The Administrator is authorized to transfer up to $300,000,000 of the funds appropriated for the Great Lakes Restoration Initiative under the heading Environmental Programs and Management to the head of any Federal department or agency, with the concurrence of such head, to carry out activities that would support the Great Lakes Restoration Initiative and Great Lakes Water Quality Agreement programs, projects, or activities; to enter into an interagency agreement with the head of such Federal department or agency to carry out these activities; and to make grants to governmental entities, nonprofit organizations, institutions, and individuals for planning, research, monitoring, outreach, and implementation in furtherance of the Great Lakes Restoration Initiative and the Great Lakes Water Quality Agreement. The Science and Technology, Environmental Programs and Management, Office of Inspector General, Hazardous Substance Superfund, and Leaking Underground Storage Tank Trust Fund Program Accounts, are available for the construction, alteration, repair, rehabilitation, and renovation of facilities provided that the cost does not exceed $150,000 per project. The fourth paragraph under the heading Administrative Provisions in title II of Public Law 109–54 is amended by striking 2015 and inserting 2020 . Of the unobligated balances available for State and Tribal Assistance Grants account, $45,000,000 are permanently rescinded: Provided , That no amounts may be rescinded from amounts that were designated by the Congress as an emergency requirement pursuant to the Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985. For fiscal year 2015, and notwithstanding section 518(f) of the Water Pollution Control Act, the Administrator is authorized to use the amounts appropriated for any fiscal year under Section 319 of the Act to make grants to federally recognized Indian tribes pursuant to sections 319(h) and 518(e) of that Act. III Related agencies Department of agriculture Forest service Forest and rangeland research For necessary expenses of forest and rangeland research as authorized by law, $297,500,000, to remain available until expended: Provided, That of the funds provided, $70,000,000 is for the forest inventory and analysis program. State and private forestry For necessary expenses of cooperating with and providing technical and financial assistance to States, territories, possessions, and others, and for forest health management, including treatments of pests, pathogens, and invasive or noxious plants and for restoring and rehabilitating forests damaged by pests or invasive plants, cooperative forestry, and education and land conservation activities and conducting an international program as authorized, $209,815,000, to remain available until expended, as authorized by law; of which $24,198,000 is to be derived from the Land and Water Conservation Fund. National forest system (including transfer of funds) For necessary expenses of the Forest Service, not otherwise provided for, for management, protection, improvement, and utilization of the National Forest System, $1,496,526,000, to remain available until expended: Provided , That of the funds provided, $40,000,000 shall be deposited in the Collaborative Forest Landscape Restoration Fund for ecological restoration treatments as authorized by 16 U.S.C. 7303(f) : Provided further , That of the funds provided, $339,130,000 shall be for forest products: Provided further , That of the funds provided, up to $81,000,000 is for the Integrated Resource Restoration pilot program for Region 1, Region 3 and Region 4: Provided further , That of the funds provided for forest products, up to $53,000,000 may be transferred to support the Integrated Resource Restoration pilot program in the preceding proviso. Capital improvement and maintenance (including transfer of funds) For necessary expenses of the Forest Service, not otherwise provided for, $373,252,000, to remain available until expended, for construction, capital improvement, maintenance and acquisition of buildings and other facilities and infrastructure; and for construction, reconstruction, decommissioning of roads that are no longer needed, including unauthorized roads that are not part of the transportation system, and maintenance of forest roads and trails by the Forest Service as authorized by 16 U.S.C. 532–538 and 23 U.S.C. 101 and 205: Provided, That $40,000,000 shall be designated for urgently needed road decommissioning, road and trail repair and maintenance and associated activities, and removal of fish passage barriers, especially in areas where Forest Service roads may be contributing to water quality problems in streams and water bodies which support threatened, endangered, or sensitive species or community water sources: Provided further , That funds becoming available in fiscal year 2015 under the Act of March 4, 1913 ( 16 U.S.C. 501 ) shall be transferred to the General Fund of the Treasury and shall not be available for transfer or obligation for any other purpose unless the funds are appropriated: Provided further , That of the funds provided for decommissioning of roads, up to $12,000,000 may be transferred to the National Forest System to support the Integrated Resource Restoration pilot program. Land acquisition For expenses necessary to carry out the provisions of the Land and Water Conservation Fund Act of 1965, (16 U.S.C. 460 l –4 et seq.), including administrative expenses, and for acquisition of land or waters, or interest therein, in accordance with statutory authority applicable to the Forest Service, $8,000,000, to be derived from the Land and Water Conservation Fund and to remain available until expended. Acquisition of lands for national forests special acts For acquisition of lands within the exterior boundaries of the Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland National Forests, California, as authorized by law, $950,000, to be derived from forest receipts. Acquisition of lands to complete land exchanges For acquisition of lands, such sums, to be derived from funds deposited by State, county, or municipal governments, public school districts, or other public school authorities, and for authorized expenditures from funds deposited by non-Federal parties pursuant to Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967, ( 16 U.S.C. 484a ), to remain available until expended (16 U.S.C. 460 l –516–617a, 555a; Public Law 96–586 ; Public Law 76–589 , 76–591; and Public Law 78–310 ). Range betterment fund For necessary expenses of range rehabilitation, protection, and improvement, 50 percent of all moneys received during the prior fiscal year, as fees for grazing domestic livestock on lands in National Forests in the 16 Western States, pursuant to section 401(b)(1) of Public Law 94–579 , to remain available until expended, of which not to exceed 6 percent shall be available for administrative expenses associated with on-the-ground range rehabilitation, protection, and improvements. Gifts, donations and bequests for forest and rangeland research For expenses authorized by 16 U.S.C. 1643(b) , $45,000, to remain available until expended, to be derived from the fund established pursuant to the above Act. Management of national forest lands for subsistence uses For necessary expenses of the Forest Service to manage Federal lands in Alaska for subsistence uses under title VIII of the Alaska National Interest Lands Conservation Act ( Public Law 96–487 ), $2,500,000, to remain available until expended. Wildland fire management (including transfers of funds) For necessary expenses for forest fire presuppression activities on National Forest System lands, for emergency fire suppression on or adjacent to such lands or other lands under fire protection agreement, hazardous fuels management on or adjacent to such lands, emergency rehabilitation of burned-over National Forest System lands and water, and for State and volunteer fire assistance, $2,888,124,000, to remain available until expended: Provided , That such funds including unobligated balances under this heading, are available for repayment of advances from other appropriations accounts previously transferred for such purposes: Provided further , That such funds shall be available to reimburse State and other cooperating entities for services provided in response to wildfire and other emergencies or disasters to the extent such reimbursements by the Forest Service for non-fire emergencies are fully repaid by the responsible emergency management agency: Provided further , That, notwithstanding any other provision of law, $6,914,000 of funds appropriated under this appropriation shall be available for the Forest Service in support of fire science research authorized by the Joint Fire Science Program, including all Forest Service authorities for the use of funds, such as contracts, grants, research joint venture agreements, and cooperative agreements: Provided further , That all authorities for the use of funds, including the use of contracts, grants, and cooperative agreements, available to execute the Forest and Rangeland Research appropriation, are also available in the utilization of these funds for Fire Science Research: Provided further , That funds provided shall be available for emergency rehabilitation and restoration, hazardous fuels management activities, support to Federal emergency response, and wildfire suppression activities of the Forest Service: Provided further , That of the funds provided, $381,575,000 is for hazardous fuels management activities, $19,795,000 is for research activities and to make competitive research grants pursuant to the Forest and Rangeland Renewable Resources Research Act, ( 16 U.S.C. 1641 et seq. ), $78,000,000 is for State fire assistance, and $13,000,000 is for volunteer fire assistance under section 10 of the Cooperative Forestry Assistance Act of 1978 ( 16 U.S.C. 2106 ): Provided further , That amounts in this paragraph may be transferred to the National Forest System , and Forest and Rangeland Research accounts to fund forest and rangeland research, the Joint Fire Science Program, vegetation and watershed management, heritage site rehabilitation, and wildlife and fish habitat management and restoration: Provided further , That, of the funds provided, $130,000,000 shall be available to the Secretary of Agriculture only for the purpose of acquiring two aircraft for the next-generation airtanker fleet to enhance firefighting mobility, effectiveness, efficiency, and safety, and such aircraft shall be turbine powered, capable of air speeds in excess of 300 mph and of carrying 3,000 to 4,000 gallons of fire retardant, and suitable for contractor operation over the terrain and forested-ecosystems characteristic of National Forest System lands, as determined by the Chief of the Forest Service: Provided further , That the costs of implementing any cooperative agreement between the Federal Government and any non-Federal entity may be shared, as mutually agreed on by the affected parties: Provided further , That up to $15,000,000 of the funds provided herein may be used by the Secretary of Agriculture to enter into procurement contracts or cooperative agreements or to issue grants for hazardous fuels management activities and for training or monitoring associated with such hazardous fuels management activities on Federal land or on non-Federal land if the Secretary determines such activities implement a community wildfire protection plan (or equivalent) and benefit resources on Federal land: Provided further , That funds made available to implement the Community Forest Restoration Act, Public Law 106–393 , title VI, shall be available for use on non-Federal lands in accordance with authorities made available to the Forest Service under the State and Private Forestry appropriation: Provided further , That the Secretary of the Interior and the Secretary of Agriculture may authorize the transfer of funds appropriated for wildland fire management, in an aggregate amount not to exceed $50,000,000, between the Departments when such transfers would facilitate and expedite wildland fire management programs and projects: Provided further , That of the funds provided for hazardous fuels management, not to exceed $5,000,000 may be used to make grants, using any authorities available to the Forest Service under the State and Private Forestry appropriation, for the purpose of creating incentives for increased use of biomass from National Forest System lands: Provided further , That funds designated for wildfire suppression, including funds transferred from the FLAME Wildfire Suppression Reserve Fund , shall be assessed for cost pools on the same basis as such assessments are calculated against other agency programs: Provided further , That of the funds for hazardous fuels management, up to $24,000,000 may be transferred to the National Forest System to support the Integrated Resource Restoration pilot program. Flame wildfire suppression reserve fund (including transfers of funds) For necessary expenses for large fire suppression operations of the Department of Agriculture and as a reserve fund for suppression and Federal emergency response activities, $303,060,000, to remain available until expended: Provided , That such amounts are only available for transfer to the Wildland Fire Management account following a declaration by the Secretary in accordance with section 502 of the FLAME Act of 2009 ( 43 U.S.C. 1748a ). Administrative provisions—forest service (including transfers of funds) Appropriations to the Forest Service for the current fiscal year shall be available for: (1) purchase of passenger motor vehicles; acquisition of passenger motor vehicles from excess sources, and hire of such vehicles; purchase, lease, operation, maintenance, and acquisition of aircraft to maintain the operable fleet for use in Forest Service wildland fire programs and other Forest Service programs; notwithstanding other provisions of law, existing aircraft being replaced may be sold, with proceeds derived or trade-in value used to offset the purchase price for the replacement aircraft; (2) services pursuant to 7 U.S.C. 2225 , and not to exceed $100,000 for employment under 5 U.S.C. 3109 ; (3) purchase, erection, and alteration of buildings and other public improvements ( 7 U.S.C. 2250 ); (4) acquisition of land, waters, and interests therein pursuant to 7 U.S.C. 428a ; (5) for expenses pursuant to the Volunteers in the National Forest Act of 1972 ( 16 U.S.C. 558a , 558d, and 558a note); (6) the cost of uniforms as authorized by 5 U.S.C. 5901–5902 ; and (7) for debt collection contracts in accordance with 31 U.S.C. 3718(c) . Any appropriations or funds available to the Forest Service may be transferred to the Wildland Fire Management appropriation for forest firefighting, emergency rehabilitation of burned-over or damaged lands or waters under its jurisdiction, and fire preparedness due to severe burning conditions upon the Secretary's notification of the House and Senate Committees on Appropriations that all fire suppression funds appropriated under the headings Wildland Fire Management and FLAME Wildfire Suppression Reserve Fund will be obligated within 30 days: Provided , That all funds used pursuant to this paragraph must be replenished by a supplemental appropriation which must be requested as promptly as possible. Funds appropriated to the Forest Service shall be available for assistance to or through the Agency for International Development in connection with forest and rangeland research, technical information, and assistance in foreign countries, and shall be available to support forestry and related natural resource activities outside the United States and its territories and possessions, including technical assistance, education and training, and cooperation with U.S., private, and international organizations. The Forest Service, acting for the International Program, may sign direct funding agreements with foreign governments and institutions as well as other domestic agencies (including the U.S. Agency for International Development, the Department of State, and the Millennium Challenge Corporation), U.S. private sector firms, institutions and organizations to provide technical assistance and training programs overseas on forestry and rangeland management. Funds appropriated to the Forest Service shall be available for expenditure or transfer to the Department of the Interior, Bureau of Land Management, for removal, preparation, and adoption of excess wild horses and burros from National Forest System lands, and for the performance of cadastral surveys to designate the boundaries of such lands. None of the funds made available to the Forest Service in this Act or any other Act with respect to any fiscal year shall be subject to transfer under the provisions of section 702(b) of the Department of Agriculture Organic Act of 1944 ( 7 U.S.C. 2257 ), section 442 of Public Law 106–224 ( 7 U.S.C. 7772 ), or section 10417(b) of Public Law 107–107 ( 7 U.S.C. 8316(b) ). None of the funds available to the Forest Service may be reprogrammed without the advance approval of the House and Senate Committees on Appropriations in accordance with the reprogramming procedures contained in the report accompanying this Act. Not more than $82,000,000 of funds available to the Forest Service shall be transferred to the Working Capital Fund of the Department of Agriculture and not more than $14,500,000 of funds available to the Forest Service shall be transferred to the Department of Agriculture for Department Reimbursable Programs, commonly referred to as Greenbook charges. Nothing in this paragraph shall prohibit or limit the use of reimbursable agreements requested by the Forest Service in order to obtain services from the Department of Agriculture's National Information Technology Center. Nothing in this paragraph shall limit the Forest Service portion of implementation costs to be paid to the Department of Agriculture for the International Technology Service. Of the funds available to the Forest Service, up to $5,000,000 shall be available for priority projects within the scope of the approved budget, which shall be carried out by the Youth Conservation Corps and shall be carried out under the authority of the Public Lands Corps Act of 1993, Public Law 103–82 , as amended by Public Lands Corps Healthy Forests Restoration Act of 2005, Public Law 109–154 . Of the funds available to the Forest Service, $4,000 is available to the Chief of the Forest Service for official reception and representation expenses. Pursuant to sections 405(b) and 410(b) of Public Law 101–593 , of the funds available to the Forest Service, up to $3,000,000 may be advanced in a lump sum to the National Forest Foundation to aid conservation partnership projects in support of the Forest Service mission, without regard to when the Foundation incurs expenses, for projects on or benefitting National Forest System lands or related to Forest Service programs: Provided , That of the Federal funds made available to the Foundation, no more than $300,000 shall be available for administrative expenses: Provided further , That the Foundation shall obtain, by the end of the period of Federal financial assistance, private contributions to match on at least one-for-one basis funds made available by the Forest Service: Provided further , That the Foundation may transfer Federal funds to a Federal or a non-Federal recipient for a project at the same rate that the recipient has obtained the non-Federal matching funds. Pursuant to section 2(b)(2) of Public Law 98–244 , up to $3,000,000 of the funds available to the Forest Service may be advanced to the National Fish and Wildlife Foundation in a lump sum to aid cost-share conservation projects, without regard to when expenses are incurred, on or benefitting National Forest System lands or related to Forest Service programs: Provided , That such funds shall be matched on at least a one-for-one basis by the Foundation or its sub-recipients: Provided further , That the Foundation may transfer Federal funds to a Federal or non-Federal recipient for a project at the same rate that the recipient has obtained the non-Federal matching funds. Funds appropriated to the Forest Service shall be available for interactions with and providing technical assistance to rural communities and natural resource-based businesses for sustainable rural development purposes. Funds appropriated to the Forest Service shall be available for payments to counties within the Columbia River Gorge National Scenic Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of Public Law 99–663 . Any funds appropriated to the Forest Service may be used to meet the non-Federal share requirement in section 502(c) of the Older Americans Act of 1965 ( 42 U.S.C. 3056(c)(2) ). Funds available to the Forest Service, not to exceed $55,000,000, shall be assessed for the purpose of performing fire, administrative and other facilities maintenance and decommissioning. Such assessments shall occur using a square foot rate charged on the same basis the agency uses to assess programs for payment of rent, utilities, and other support services. Notwithstanding any other provision of law, any appropriations or funds available to the Forest Service not to exceed $500,000 may be used to reimburse the Office of the General Counsel (OGC), Department of Agriculture, for travel and related expenses incurred as a result of OGC assistance or participation requested by the Forest Service at meetings, training sessions, management reviews, land purchase negotiations and similar nonlitigation-related matters. Future budget justifications for both the Forest Service and the Department of Agriculture should clearly display the sums previously transferred and the requested funding transfers. An eligible individual who is employed in any project funded under title V of the Older Americans Act of 1965 ( 42 U.S.C. 3056 et seq. ) and administered by the Forest Service shall be considered to be a Federal employee for purposes of chapter 171 of title 28, United States Code. Department of health and human services Indian health service Indian health services For expenses necessary to carry out the Act of August 5, 1954 (68 Stat. 674), the Indian Self-Determination and Education Assistance Act, the Indian Health Care Improvement Act, and titles II and III of the Public Health Service Act with respect to the Indian Health Service, $4,180,386,000, together with payments received during the fiscal year pursuant to 42 U.S.C. 238(b) and 238b, for services furnished by the Indian Health Service: Provided , That funds made available to tribes and tribal organizations through contracts, grant agreements, or any other agreements or compacts authorized by the Indian Self-Determination and Education Assistance Act of 1975 ( 25 U.S.C. 450 ), shall be deemed to be obligated at the time of the grant or contract award and thereafter shall remain available to the tribe or tribal organization without fiscal year limitation: Provided further , That $929,041,000 for Purchased/Referred Care, including $51,500,000 for the Indian Catastrophic Health Emergency Fund, shall remain available until expended: Provided further , That of the funds provided, $30,023,000 shall remain available until expended for implementation of the loan repayment program under section 108 of the Indian Health Care Improvement Act: Provided further , That the amounts collected by the Federal Government as authorized by sections 104 and 108 of the Indian Health Care Improvement Act (25 U.S.C. 1613a and 1616a) during the preceding fiscal year for breach of contracts shall be deposited to the Fund authorized by section 108A of the Act ( 25 U.S.C. 1616a-1 ) and shall remain available until expended and, notwithstanding section 108A(c) of the Act ( 25 U.S.C. 1616a-1(c) ), funds shall be available to make new awards under the loan repayment and scholarship programs under sections 104 and 108 of the Act (25 U.S.C. 1613a and 1616a): Provided further , That notwithstanding any other provision of law, the amounts made available within this account for the methamphetamine and suicide prevention and treatment initiative and for the domestic violence prevention initiative shall be allocated at the discretion of the Director of the Indian Health Service and shall remain available until expended: Provided further , That funds provided in this Act may be used for annual contracts and grants that fall within 2 fiscal years, provided the total obligation is recorded in the year the funds are appropriated: Provided further , That the amounts collected by the Secretary of Health and Human Services under the authority of title IV of the Indian Health Care Improvement Act shall remain available until expended for the purpose of achieving compliance with the applicable conditions and requirements of titles XVIII and XIX of the Social Security Act, except for those related to the planning, design, or construction of new facilities: Provided further , That funding contained herein for scholarship programs under the Indian Health Care Improvement Act ( 25 U.S.C. 1613 ) shall remain available until expended: Provided further , That amounts received by tribes and tribal organizations under title IV of the Indian Health Care Improvement Act shall be reported and accounted for and available to the receiving tribes and tribal organizations until expended: Provided further , That the Bureau of Indian Affairs may collect from the Indian Health Service, tribes and tribal organizations operating health facilities pursuant to Public Law 93–638 , such individually identifiable health information relating to disabled children as may be necessary for the purpose of carrying out its functions under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 , et seq.): Provided further , That the Indian Health Care Improvement Fund may be used, as needed, to carry out activities typically funded under the Indian Health Facilities account. Indian health facilities For construction, repair, maintenance, improvement, and equipment of health and related auxiliary facilities, including quarters for personnel; preparation of plans, specifications, and drawings; acquisition of sites, purchase and erection of modular buildings, and purchases of trailers; and for provision of domestic and community sanitation facilities for Indians, as authorized by section 7 of the Act of August 5, 1954 ( 42 U.S.C. 2004a ), the Indian Self-Determination Act, and the Indian Health Care Improvement Act, and for expenses necessary to carry out such Acts and titles II and III of the Public Health Service Act with respect to environmental health and facilities support activities of the Indian Health Service, $461,995,000 , to remain available until expended: Provided , That notwithstanding any other provision of law, funds appropriated for the planning, design, construction, renovation or expansion of health facilities for the benefit of an Indian tribe or tribes may be used to purchase land on which such facilities will be located: Provided further , That not to exceed $500,000 may be used by the Indian Health Service to purchase TRANSAM equipment from the Department of Defense for distribution to the Indian Health Service and tribal facilities: Provided further , That none of the funds appropriated to the Indian Health Service may be used for sanitation facilities construction for new homes funded with grants by the housing programs of the United States Department of Housing and Urban Development: Provided further , That not to exceed $2,700,000 from this account and the Indian Health Services account may be used by the Indian Health Service to obtain ambulances for the Indian Health Service and tribal facilities in conjunction with an existing interagency agreement between the Indian Health Service and the General Services Administration: Provided further , That not to exceed $500,000 may be placed in a Demolition Fund, to remain available until expended, and be used by the Indian Health Service for the demolition of Federal buildings. administrative provisions—Indian health service Appropriations provided in this Act to the Indian Health Service shall be available for services as authorized by 5 U.S.C. 3109 at rates not to exceed the per diem rate equivalent to the maximum rate payable for senior-level positions under 5 U.S.C. 5376 ; hire of passenger motor vehicles and aircraft; purchase of medical equipment; purchase of reprints; purchase, renovation and erection of modular buildings and renovation of existing facilities; payments for telephone service in private residences in the field, when authorized under regulations approved by the Secretary; uniforms or allowances therefor as authorized by 5 U.S.C. 5901–5902 ; and for expenses of attendance at meetings that relate to the functions or activities of the Indian Health Service: Provided , That in accordance with the provisions of the Indian Health Care Improvement Act, non-Indian patients may be extended health care at all tribally administered or Indian Health Service facilities, subject to charges, and the proceeds along with funds recovered under the Federal Medical Care Recovery Act ( 42 U.S.C. 2651–2653 ) shall be credited to the account of the facility providing the service and shall be available without fiscal year limitation: Provided further , That notwithstanding any other law or regulation, funds transferred from the Department of Housing and Urban Development to the Indian Health Service shall be administered under Public Law 86–121 , the Indian Sanitation Facilities Act and Public Law 93–638 : Provided further , That funds appropriated to the Indian Health Service in this Act, except those used for administrative and program direction purposes, shall not be subject to limitations directed at curtailing Federal travel and transportation: Provided further , That none of the funds made available to the Indian Health Service in this Act shall be used for any assessments or charges by the Department of Health and Human Services unless identified in the budget justification and provided in this Act, or approved by the House and Senate Committees on Appropriations through the reprogramming process: Provided further , That notwithstanding any other provision of law, funds previously or herein made available to a tribe or tribal organization through a contract, grant, or agreement authorized by title I or title V of the Indian Self-Determination and Education Assistance Act of 1975 ( 25 U.S.C. 450 ), may be deobligated and reobligated to a self-determination contract under title I, or a self-governance agreement under title V of such Act and thereafter shall remain available to the tribe or tribal organization without fiscal year limitation: Provided further , That none of the funds made available to the Indian Health Service in this Act shall be used to implement the final rule published in the Federal Register on September 16, 1987, by the Department of Health and Human Services, relating to the eligibility for the health care services of the Indian Health Service until the Indian Health Service has submitted a budget request reflecting the increased costs associated with the proposed final rule, and such request has been included in an appropriations Act and enacted into law: Provided further , That with respect to functions transferred by the Indian Health Service to tribes or tribal organizations, the Indian Health Service is authorized to provide goods and services to those entities on a reimbursable basis, including payments in advance with subsequent adjustment, and the reimbursements received therefrom, along with the funds received from those entities pursuant to the Indian Self-Determination Act, may be credited to the same or subsequent appropriation account from which the funds were originally derived, with such amounts to remain available until expended: Provided further , That reimbursements for training, technical assistance, or services provided by the Indian Health Service will contain total costs, including direct, administrative, and overhead associated with the provision of goods, services, or technical assistance: Provided further , That the appropriation structure for the Indian Health Service may not be altered without advance notification to the House and Senate Committees on Appropriations. National institutes of health National institute of environmental health sciences For necessary expenses of the National Institute of Environmental Health Sciences in carrying out activities set forth in section 311(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9660(a) ) and section 126(g) of the Superfund Amendments and Reauthorization Act of 1986, $77,349,000. Agency for toxic substances and disease registry Toxic substances and environmental public health For necessary expenses for the Agency for Toxic Substances and Disease Registry (ATSDR) in carrying out activities set forth in sections 104(i) and 111(c)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) and section 3019 of the Solid Waste Disposal Act, $74,691,000, of which up to $1,000 per eligible employee of the Agency for Toxic Substances and Disease Registry shall remain available until expended for Individual Learning Accounts: Provided , That notwithstanding any other provision of law, in lieu of performing a health assessment under section 104(i)(6) of CERCLA, the Administrator of ATSDR may conduct other appropriate health studies, evaluations, or activities, including, without limitation, biomedical testing, clinical evaluations, medical monitoring, and referral to accredited healthcare providers: Provided further , That in performing any such health assessment or health study, evaluation, or activity, the Administrator of ATSDR shall not be bound by the deadlines in section 104(i)(6)(A) of CERCLA: Provided further , That none of the funds appropriated under this heading shall be available for ATSDR to issue in excess of 40 toxicological profiles pursuant to section 104(i) of CERCLA during fiscal year 2015, and existing profiles may be updated as necessary. Other related agencies Executive office of the president Council on environmental quality and office of environmental quality For necessary expenses to continue functions assigned to the Council on Environmental Quality and Office of Environmental Quality pursuant to the National Environmental Policy Act of 1969, the Environmental Quality Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, and not to exceed $750 for official reception and representation expenses, $3,000,000: Provided , That notwithstanding section 202 of the National Environmental Policy Act of 1970, the Council shall consist of one member, appointed by the President, by and with the advice and consent of the Senate, serving as chairman and exercising all powers, functions, and duties of the Council. Chemical safety and hazard investigation board Salaries and expenses For necessary expenses in carrying out activities pursuant to section 112(r)(6) of the Clean Air Act, including hire of passenger vehicles, uniforms or allowances therefor, as authorized by 5 U.S.C. 5901–5902 , and for services authorized by 5 U.S.C. 3109 but at rates for individuals not to exceed the per diem equivalent to the maximum rate payable for senior level positions under 5 U.S.C. 5376 , $11,000,000: Provided , That the Chemical Safety and Hazard Investigation Board (Board) shall have not more than three career Senior Executive Service positions: Provided further , That notwithstanding any other provision of law, the individual appointed to the position of Inspector General of the Environmental Protection Agency (EPA) shall, by virtue of such appointment, also hold the position of Inspector General of the Board: Provided further , That notwithstanding any other provision of law, the Inspector General of the Board shall utilize personnel of the Office of Inspector General of EPA in performing the duties of the Inspector General of the Board, and shall not appoint any individuals to positions within the Board. Office of navajo and hopi indian relocation Salaries and expenses (including transfer of funds) For necessary expenses of the Office of Navajo and Hopi Indian Relocation as authorized by Public Law 93–531 , $7,143,000, to remain available until expended: Provided , That funds provided in this or any other appropriations Act are to be used to relocate eligible individuals and groups including evictees from District 6, Hopi-partitioned lands residents, those in significantly substandard housing, and all others certified as eligible and not included in the preceding categories: Provided further , That none of the funds contained in this or any other Act may be used by the Office of Navajo and Hopi Indian Relocation to evict any single Navajo or Navajo family who, as of November 30, 1985, was physically domiciled on the lands partitioned to the Hopi Tribe unless a new or replacement home is provided for such household: Provided further , That no relocatee will be provided with more than one new or replacement home: Provided further , That the Office shall relocate any certified eligible relocatees who have selected and received an approved homesite on the Navajo reservation or selected a replacement residence off the Navajo reservation or on the land acquired pursuant to 25 U.S.C. 640d-10: Provided further , That $200,000 shall be transferred to the Office of Inspector General of the Department of the Interior, to remain available until expended, for audits and investigations of the Office of Navajo and Hopi Indian Relocation, consistent with the Inspector General Act of 1978 (5 U.S.C. App.). Institute of American indian and alaska native culture and arts development Payment to the institute For payment to the Institute of American Indian and Alaska Native Culture and Arts Development, as authorized by title XV of Public Law 99–498 (20 U.S.C. 56 part A), $9,469,000, to remain available until September 30, 2016. Smithsonian institution Salaries and expenses For necessary expenses of the Smithsonian Institution, as authorized by law, including research in the fields of art, science, and history; development, preservation, and documentation of the National Collections; presentation of public exhibits and performances; collection, preparation, dissemination, and exchange of information and publications; conduct of education, training, and museum assistance programs; maintenance, alteration, operation, lease agreements of no more than 30 years, and protection of buildings, facilities, and approaches; not to exceed $100,000 for services as authorized by 5 U.S.C. 3109 ; and purchase, rental, repair, and cleaning of uniforms for employees, $674,297,000, to remain available until September 30, 2016, except as otherwise provided herein; of which not to exceed $46,060,000 for the instrumentation program, collections acquisition, exhibition reinstallation, the National Museum of African American History and Culture, and the repatriation of skeletal remains program shall remain available until expended; and including such funds as may be necessary to support American overseas research centers: Provided , That funds appropriated herein are available for advance payments to independent contractors performing research services or participating in official Smithsonian presentations. Facilities capital For necessary expenses of repair, revitalization, and alteration of facilities owned or occupied by the Smithsonian Institution, by contract or otherwise, as authorized by section 2 of the Act of August 22, 1949 (63 Stat. 623), and for construction, including necessary personnel, $139,000,000, to remain available until expended, of which not to exceed $10,000 shall be for services as authorized by 5 U.S.C. 3109 , and of which $24,010,000 shall be for construction of the National Museum of African American History and Culture. National gallery of art Salaries and expenses For the upkeep and operations of the National Gallery of Art, the protection and care of the works of art therein, and administrative expenses incident thereto, as authorized by the Act of March 24, 1937 (50 Stat. 51), as amended by the public resolution of April 13, 1939 (Public Resolution 9, Seventy-sixth Congress), including services as authorized by 5 U.S.C. 3109 ; payment in advance when authorized by the treasurer of the Gallery for membership in library, museum, and art associations or societies whose publications or services are available to members only, or to members at a price lower than to the general public; purchase, repair, and cleaning of uniforms for guards, and uniforms, or allowances therefor, for other employees as authorized by law ( 5 U.S.C. 5901–5902 ); purchase or rental of devices and services for protecting buildings and contents thereof, and maintenance, alteration, improvement, and repair of buildings, approaches, and grounds; and purchase of services for restoration and repair of works of art for the National Gallery of Art by contracts made, without advertising, with individuals, firms, or organizations at such rates or prices and under such terms and conditions as the Gallery may deem proper, $118,000,000, to remain available until September 30, 2016, of which not to exceed $3,578,000 for the special exhibition program shall remain available until expended. Repair, restoration and renovation of buildings For necessary expenses of repair, restoration and renovation of buildings, grounds and facilities owned or occupied by the National Gallery of Art, by contract or otherwise, for operating lease agreements of no more than 10 years, with no extensions or renewals beyond the 10 years, that address space needs created by the ongoing renovations in the Master Facilities Plan, as authorized, $19,000,000, to remain available until expended: Provided , That contracts awarded for environmental systems, protection systems, and exterior repair or renovation of buildings of the National Gallery of Art may be negotiated with selected contractors and awarded on the basis of contractor qualifications as well as price. John F. kennedy center for the performing arts Operations and maintenance For necessary expenses for the operation, maintenance and security of the John F. Kennedy Center for the Performing Arts, $22,000,000. Capital repair and restoration For necessary expenses for capital repair and restoration of the existing features of the building and site of the John F. Kennedy Center for the Performing Arts, $10,800,000, to remain available until expended. Woodrow wilson international center for scholars Salaries and expenses For expenses necessary in carrying out the provisions of the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of passenger vehicles and services as authorized by 5 U.S.C. 3109 , $9,975,000, to remain available until September 30, 2016. National foundation on the arts and the humanities National endowment for the arts Grants and administration For necessary expenses to carry out the National Foundation on the Arts and the Humanities Act of 1965, $146,021,000 shall be available to the National Endowment for the Arts for the support of projects and productions in the arts, including arts education and public outreach activities, through assistance to organizations and individuals pursuant to section 5 of the Act, for program support, and for administering the functions of the Act, to remain available until expended. National endowment for the humanities Grants and administration For necessary expenses to carry out the National Foundation on the Arts and the Humanities Act of 1965, $146,021,000 to remain available until expended, of which $135,283,000 shall be available for support of activities in the humanities, pursuant to section 7(c) of the Act and for administering the functions of the Act; and $10,738,000 shall be available to carry out the matching grants program pursuant to section 10(a)(2) of the Act, including $8,357,000 for the purposes of section 7(h): Provided , That appropriations for carrying out section 10(a)(2) shall be available for obligation only in such amounts as may be equal to the total amounts of gifts, bequests, devises of money, and other property accepted by the chairman or by grantees of the National Endowment for the Humanities under the provisions of sections 11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal years for which equal amounts have not previously been appropriated. Administrative provisions None of the funds appropriated to the National Foundation on the Arts and the Humanities may be used to process any grant or contract documents which do not include the text of 18 U.S.C. 1913: Provided , That none of the funds appropriated to the National Foundation on the Arts and the Humanities may be used for official reception and representation expenses: Provided further , That funds from nonappropriated sources may be used as necessary for official reception and representation expenses: Provided further , That the Chairperson of the National Endowment for the Arts may approve grants of up to $10,000, if in the aggregate the amount of such grants does not exceed 5 percent of the sums appropriated for grantmaking purposes per year: Provided further , That such small grant actions are taken pursuant to the terms of an expressed and direct delegation of authority from the National Council on the Arts to the Chairperson. Commission of fine arts Salaries and expenses For expenses of the Commission of Fine Arts under Chapter 91 of title 40, United States Code, $2,524,000: Provided , That the Commission is authorized to charge fees to cover the full costs of its publications, and such fees shall be credited to this account as an offsetting collection, to remain available until expended without further appropriation: Provided further , That the Commission is authorized to accept gifts, including objects, papers, artwork, drawings and artifacts, that pertain to the history and design of the Nation's Capital or the history and activities of the Commission of Fine Arts, for the purpose of artistic display, study or education. National capital arts and cultural affairs For necessary expenses as authorized by Public Law 99–190 ( 20 U.S.C. 956a ), $1,000,000. Advisory council on historic preservation Salaries and expenses For necessary expenses of the Advisory Council on Historic Preservation ( Public Law 89–665 ), $6,204,000. National capital planning commission Salaries and expenses For necessary expenses of the National Capital Planning Commission under chapter 87 of title 40, United States Code, including services as authorized by 5 U.S.C. 3109 , $7,948,000: Provided , That one-quarter of 1 percent of the funds provided under this heading may be used for official reception and representational expenses associated with hosting international visitors engaged in the planning and physical development of world capitals. United states holocaust memorial museum Holocaust memorial museum For expenses of the Holocaust Memorial Museum, as authorized by Public Law 106–292 ( 36 U.S.C. 2301–2310 ), $52,385,000, of which $515,000 shall remain available until September 30, 2017, for the Museum's equipment replacement program; and of which $1,900,000 for the Museum's repair and rehabilitation program and $1,264,000 for the Museum's outreach initiatives program shall remain available until expended. IV General provisions Restriction on use of funds 401. No part of any appropriation contained in this Act shall be available for any activity or the publication or distribution of literature that in any way tends to promote public support or opposition to any legislative proposal on which Congressional action is not complete other than to communicate to Members of Congress as described in 18 U.S.C. 1913. Obligation of appropriations 402. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. Disclosure of administrative expenses 403. The amount and basis of estimated overhead charges, deductions, reserves or holdbacks, including working capital fund and cost pool charges, from programs, projects, activities and subactivities to support government-wide, departmental, agency, or bureau administrative functions or headquarters, regional, or central operations shall be presented in annual budget justifications and subject to approval by the Committees on Appropriations of the House of Representatives and the Senate. Changes to such estimates shall be presented to the Committees on Appropriations for approval. Mining applications 404. (a) Limitation of Funds None of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended to accept or process applications for a patent for any mining or mill site claim located under the general mining laws. (b) Exceptions Subsection (a) shall not apply if the Secretary of the Interior determines that, for the claim concerned (1) a patent application was filed with the Secretary on or before September 30, 1994; and (2) all requirements established under sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims, sections 2329, 2330, 2331, and 2333 of the Revised Statutes ( 30 U.S.C. 35 , 36, and 37) for placer claims, and section 2337 of the Revised Statutes ( 30 U.S.C. 42 ) for mill site claims, as the case may be, were fully complied with by the applicant by that date. (c) Report On September 30, 2015, the Secretary of the Interior shall file with the House and Senate Committees on Appropriations and the Committee on Natural Resources of the House and the Committee on Energy and Natural Resources of the Senate a report on actions taken by the Department under the plan submitted pursuant to section 314(c) of the Department of the Interior and Related Agencies Appropriations Act, 1997 ( Public Law 104–208 ). (d) Mineral Examinations In order to process patent applications in a timely and responsible manner, upon the request of a patent applicant, the Secretary of the Interior shall allow the applicant to fund a qualified third-party contractor to be selected by the Director of the Bureau of Land Management to conduct a mineral examination of the mining claims or mill sites contained in a patent application as set forth in subsection (b). The Bureau of Land Management shall have the sole responsibility to choose and pay the third-party contractor in accordance with the standard procedures employed by the Bureau of Land Management in the retention of third-party contractors. Contract support costs 405. Notwithstanding any other provision of law, amounts appropriated to or otherwise designated in committee reports for the Bureau of Indian Affairs and the Indian Health Service by Public Laws 103–138, 103–332, 104–134, 104–208, 105–83, 105–277, 106–113, 106–291, 107–63, 108–7, 108–108, 108–447, 109–54, 109–289, division B and Continuing Appropriations Resolution, 2007 (division B of Public Law 109–289 , as amended by Public Laws 110–5 and 110–28), Public Laws 110–92, 110–116, 110–137, 110–149, 110–161, 110–329, 111–6, 111–8, 111–88, 112–10, 112–74, and 113–6 for payments for contract support costs associated with self-determination or self-governance contracts, grants, compacts, or annual funding agreements with the Bureau of Indian Affairs or the Indian Health Service as funded by such Acts, are the total amounts available for fiscal years 1994 through 2013 for such purposes, except that the Bureau of Indian Affairs, tribes and tribal organizations may use their tribal priority allocations for unmet contract support costs of ongoing contracts, grants, self-governance compacts, or annual funding agreements. contract support costs, fiscal year 2014 406. Amounts provided under the headings Department of the Interior, Bureau of Indian Affairs and Bureau of Indian Education, Operation of Indian Programs and Department of Health and Human Services, Indian Health Service, Indian Health Services in the Consolidated Appropriations Act, 2014 (P.L. 113–76) are the only amounts available for contract support costs arising out of self-determination or self-governance contracts, grants, compacts, or annual funding agreements with the Bureau of Indian Affairs or the Indian Health Service for activities funded by the fiscal year 2014 appropriation: Provided, That such amounts provided by that Act are not available for payment of claims for contract support costs for prior years, or for repayments of payments for settlements or judgments awarding contract support costs for prior years. contract support costs, fiscal year 2015 407. Amounts provided by this Act for fiscal year 2015 under the headings Department of Health and Human Services, Indian Health Service, Indian Health Services and Department of the Interior, Bureau of Indian Affairs and Bureau of Indian Education, Operation of Indian Programs are the only amounts available for contract support costs arising out of self-determination or self-governance contracts, grants, compacts, or annual funding agreements for fiscal year 2015 with the Bureau of Indian Affairs or the Indian Health Service: Provided , That such amounts provided by this Act are not available for payment of claims for contract support costs for prior years, or for repayments of payments for settlements or judgments awarding contract support costs for prior years. Forest management plans 408. The Secretary of Agriculture shall not be considered to be in violation of subparagraph 6(f)(5)(A) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604(f)(5)(A) ) solely because more than 15 years have passed without revision of the plan for a unit of the National Forest System. Nothing in this section exempts the Secretary from any other requirement of the Forest and Rangeland Renewable Resources Planning Act ( 16 U.S.C. 1600 et seq. ) or any other law: Provided , That if the Secretary is not acting expeditiously and in good faith, within the funding available, to revise a plan for a unit of the National Forest System, this section shall be void with respect to such plan and a court of proper jurisdiction may order completion of the plan on an accelerated basis. Prohibition within national monuments 409. No funds provided in this Act may be expended to conduct preleasing, leasing and related activities under either the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ) or the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ) within the boundaries of a National Monument established pursuant to the Act of June 8, 1906 ( 16 U.S.C. 431 et seq. ) as such boundary existed on January 20, 2001, except where such activities are allowed under the Presidential proclamation establishing such monument. Limitation on takings 410. Unless otherwise provided herein, no funds appropriated in this Act for the acquisition of lands or interests in lands may be expended for the filing of declarations of taking or complaints in condemnation without the approval of the House and Senate Committees on Appropriations: Provided , That this provision shall not apply to funds appropriated to implement the Everglades National Park Protection and Expansion Act of 1989, or to funds appropriated for Federal assistance to the State of Florida to acquire lands for Everglades restoration purposes. Timber sale requirements 411. No timber sale in Alaska's Region 10 shall be advertised if the indicated rate is deficit (defined as the value of the timber is not sufficient to cover all logging and stumpage costs and provide a normal profit and risk allowance under the Forest Service's appraisal process) when appraised using a residual value appraisal. The western red cedar timber from those sales which is surplus to the needs of the domestic processors in Alaska, shall be made available to domestic processors in the contiguous 48 United States at prevailing domestic prices. All additional western red cedar volume not sold to Alaska or contiguous 48 United States domestic processors may be exported to foreign markets at the election of the timber sale holder. All Alaska yellow cedar may be sold at prevailing export prices at the election of the timber sale holder. Extension of grazing permits 412. Section 415 of division E of Public Law 112–74 is amended by striking fiscal years 2012 through 2015 and inserting fiscal year 2012 and each fiscal year thereafter . Prohibition on no-bid contracts 413. None of the funds appropriated or otherwise made available by this Act to executive branch agencies may be used to enter into any Federal contract unless such contract is entered into in accordance with the requirements of Chapter 33 of title 41, United States Code, or Chapter 137 of title 10, United States Code, and the Federal Acquisition Regulation, unless— (1) Federal law specifically authorizes a contract to be entered into without regard for these requirements, including formula grants for States, or federally recognized Indian tribes; or (2) such contract is authorized by the Indian Self-Determination and Education and Assistance Act ( Public Law 93–638 , 25 U.S.C. 450 et seq. ) or by any other Federal laws that specifically authorize a contract within an Indian tribe as defined in section 4(e) of that Act ( 25 U.S.C. 450b(e) ); or (3) such contract was awarded prior to the date of enactment of this Act. Posting of reports 414. (a) Any agency receiving funds made available in this Act, shall, subject to subsections (b) and (c), post on the public website of that agency any report required to be submitted by the Congress in this or any other Act, upon the determination by the head of the agency that it shall serve the national interest. (b) Subsection (a) shall not apply to a report if— (1) the public posting of the report compromises national security; or (2) the report contains proprietary information. (c) The head of the agency posting such report shall do so only after such report has been made available to the requesting Committee or Committees of Congress for no less than 45 days. National endowment for the arts grant guidelines 415. Of the funds provided to the National Endowment for the Arts— (1) The Chairperson shall only award a grant to an individual if such grant is awarded to such individual for a literature fellowship, National Heritage Fellowship, or American Jazz Masters Fellowship. (2) The Chairperson shall establish procedures to ensure that no funding provided through a grant, except a grant made to a State or local arts agency, or regional group, may be used to make a grant to any other organization or individual to conduct activity independent of the direct grant recipient. Nothing in this subsection shall prohibit payments made in exchange for goods and services. (3) No grant shall be used for seasonal support to a group, unless the application is specific to the contents of the season, including identified programs and/or projects. National endowment for the arts program priorities 416. (a) In providing services or awarding financial assistance under the National Foundation on the Arts and the Humanities Act of 1965 from funds appropriated under this Act, the Chairperson of the National Endowment for the Arts shall ensure that priority is given to providing services or awarding financial assistance for projects, productions, workshops, or programs that serve underserved populations. (b) In this section: (1) The term underserved population means a population of individuals, including urban minorities, who have historically been outside the purview of arts and humanities programs due to factors such as a high incidence of income below the poverty line or to geographic isolation. (2) The term poverty line means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) )) applicable to a family of the size involved. (c) In providing services and awarding financial assistance under the National Foundation on the Arts and Humanities Act of 1965 with funds appropriated by this Act, the Chairperson of the National Endowment for the Arts shall ensure that priority is given to providing services or awarding financial assistance for projects, productions, workshops, or programs that will encourage public knowledge, education, understanding, and appreciation of the arts. (d) With funds appropriated by this Act to carry out section 5 of the National Foundation on the Arts and Humanities Act of 1965— (1) the Chairperson shall establish a grant category for projects, productions, workshops, or programs that are of national impact or availability or are able to tour several States; (2) the Chairperson shall not make grants exceeding 15 percent, in the aggregate, of such funds to any single State, excluding grants made under the authority of paragraph (1); (3) the Chairperson shall report to the Congress annually and by State, on grants awarded by the Chairperson in each grant category under section 5 of such Act; and (4) the Chairperson shall encourage the use of grants to improve and support community-based music performance and education. Arts and Artifacts Indemnity 417. The Arts and Artifacts Indemnity Act ( 20 U.S.C. 971 et seq. ) is amended— (1) in section 2(b)(2) by striking of Art the last place it appears and inserting on Art , and (2) in section 5— (A) in subsection (b) by striking $10,000,000,000 and $5,000,000,000 , and inserting $15,000,000,000 and $7,500,000,000 , respectively, (B) in subsection (c) by striking $1,200,000,000 and $750,000,000 , and inserting $1,800,000,000 and $1,000,000,000 , respectively, and (C) in subsection (d)— (i) in paragraph (8) by striking chapter and inserting Act . Status of balances of appropriations 418. The Department of the Interior, the Environmental Protection Agency, the Forest Service, and the Indian Health Service shall provide the Committees on Appropriations of the House of Representatives and Senate quarterly reports on the status of balances of appropriations including all uncommitted, committed, and unobligated funds in each program and activity. Report on use of climate change funds 419. Not later than 120 days after the date on which the President's fiscal year 2016 budget request is submitted to the Congress, the President shall submit a comprehensive report to the Committees on Appropriations of the House of Representatives and the Senate describing in detail all Federal agency funding, domestic and international, for climate change programs, projects, and activities in fiscal years 2014 and 2015, including an accounting of funding by agency with each agency identifying climate change programs, projects, and activities and associated costs by line item as presented in the President's Budget Appendix, and including citations and linkages where practicable to each strategic plan that is driving funding within each climate change program, project, and activity listed in the report. Prohibition on use of funds 420. Notwithstanding any other provision of law, none of the funds made available in this Act or any other Act may be used to promulgate or implement any regulation requiring the issuance of permits under title V of the Clean Air Act ( 42 U.S.C. 7661 et seq. ) for carbon dioxide, nitrous oxide, water vapor, or methane emissions resulting from biological processes associated with livestock production. Greenhouse gas reporting restrictions 421. Notwithstanding any other provision of law, none of the funds made available in this or any other Act may be used to implement any provision in a rule, if that provision requires mandatory reporting of greenhouse gas emissions from manure management systems. Funding prohibition 422. None of the funds made available by this Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. Limitation with respect to delinquent tax debts 423. None of the funds made available by this Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. American battlefield protection program grants 424. Section 7301(c)(6) of Public Law 111–11 ( 16 U.S.C. 469k-1(c)(6) ) is amended by striking 2014 and inserting 2015 . Recreation Fee 425. Section 810 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6809 ) is amended by striking 10 years and inserting 12 years . Funding Prohibition 426. None of the funds made available by this or any other Act may be used to regulate the lead content of ammunition, ammunition components, or fishing tackle under the Toxic Substances Control Act ( 15 U.S.C. 2601 et seq. ) or any other law. Modification of authorities 427. (a) Section 8162(m)(3) of the Department of Defense Appropriations Act, 2000 ( 40 U.S.C. 8903 note; Public Law 106–79 ) is amended by striking September 30, 2014 and inserting September 30, 2015 . (b) For fiscal year 2015, the authority provided by the provisos under the heading Dwight D. Eisenhower Memorial Commission—Capital Construction in division E of Public Law 112–74 shall not be in effect. Maximum Authorized Term of Grazing Permits and Leases 428. Section 402 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1752 ) is amended by striking ten years each place it appears in subsections (a) and (b) and inserting 20 years . Waters of the United States 429. None of the funds made available in this Act or any other Act for any fiscal year may be used to develop, adopt, implement, administer, or enforce any change to the regulations and guidance in effect on October 1, 2012, pertaining to the definition of waters under the jurisdiction of the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.), including the provisions of the rules dated November 13, 1986 and August 25, 1993, relating to said jurisdiction, and the guidance documents dated January 15, 2003 and December 2, 2008, relating to said jurisdiction. Stream Buffer 430. None of the funds made available by this Act may be used to develop, carry out or implement (1) guidance, policy, or directive to reinterpret or change the historic interpretation of 30 C.F.R. § 816.57, which was promulgated on June 30, 1983 by the Office of Surface Mining Reclamation and Enforcement of the Department of the Interior (48 Fed. Reg. 30,312); or (2) proposed regulations or supporting materials described in the Federal Register notice published on June 18, 2010 (75 Fed. Reg. 34,667) by the Office of Surface Mining Reclamation and Enforcement of the Department of the Interior. Hunting, fishing, and recreational shooting on federal land 431. (a) Limitation on use of funds None of the funds made available by this or any other Act for any fiscal year may be used to prohibit the use of or access to Federal land (as such term is defined in section 3 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6502 )) for hunting, fishing, or recreational shooting if such use or access— (1) was not prohibited on such Federal land as of January 1, 2013; and (2) was conducted in compliance with the resource management plan (as defined in section 101 of such Act ( 16 U.S.C. 6511 )) applicable to such Federal land as of January 1, 2013. (b) Temporary closures allowed Notwithstanding subsection (a), the Secretary of the Interior or the Secretary of Agriculture may temporarily close, for a period not to exceed 30 days, Federal land managed by the Secretary to hunting, fishing, or recreational shooting if the Secretary determines that the temporary closure is necessary to accommodate a special event or for public safety reasons. The Secretary may extend a temporary closure for one additional 90-day period only if the Secretary determines the extension is necessary because of extraordinary weather conditions or for public safety reasons. (c) Authority of States Nothing in this section shall be construed as affecting the authority, jurisdiction, or responsibility of the several States to manage, control, or regulate fish and resident wildlife under State law or regulations. Limitation on use of funds for National Ocean Policy 432. None of the funds made available by this Act may be used to develop, propose, finalize, administer, or implement the National Ocean Policy developed under Executive Order 13547. Not later than 60 days after the date on which the President’s fiscal year 2016 budget request is submitted to the Congress, the President shall submit a report to the Committees on Appropriations of the House of Representatives and the Senate identifying all Federal expenditures by fiscal year since 2011, by agency, account, and any pertinent subaccounts, for the development, administration, or implementation of such National Ocean Policy. The President’s budget submission for fiscal year 2016 shall identify all funding proposed for the implementation of such National Ocean Policy. Lead Test Kit 433. None of the funds made available by this Act may be used to implement or enforce regulations under subpart E of part 745 of title 40, Code of Federal Regulations (commonly referred to as the Lead; Renovation, Repair, and Painting Rule ), or any subsequent amendments to such regulations, until the Administrator of the Environmental Protection Agency publicizes Environmental Protection Agency recognition of a commercially available lead test kit that meets both criteria under section 745.88(c) of title 40, Code of Federal Regulations. Financial Assurance 434. None of the funds made available by this Act may be used to develop, propose, finalize, implement, enforce, or administer any regulation that would establish new financial responsibility requirements pursuant to section 108(b) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9608(b) ). GHG NSPS 435. None of the funds made available by this Act shall be used to propose, finalize, implement, or enforce— (1) any standard of performance under section 111(b) of the Clean Air Act ( 42 U.S.C. 7411(b) ) for any new fossil fuel-fired electricity utility generating unit if the Administrator of the Environmental Protection Agency’s determination that a technology is adequately demonstrated includes consideration of one or more facilities for which assistance is provided (including any tax credit) under subtitle A of title IV of the Energy Policy Act of 2005 ( 42 U.S.C. 15961 et seq. ) or section 48A of the Internal Revenue Code of 1986; (2) any regulation or guidance under section 111(b) of the Clean Air Act ( 42 U.S.C. 7411(b) ) establishing any standard of performance for emissions of any greenhouse gas from any modified or reconstructed source that is a fossil fuel-fired electric utility generating unit; or (3) any regulation or guidance under section 111(d) of the Clean Air Act ( 42 U.S.C. 7411(d) ) that applies to the emission of any greenhouse gas by an existing source that is a fossil fuel-fired electric utility generating unit. Protection of Personal Information 436. None of the funds made available by this Act may be used by the Administrator of the Environmental Protection Agency to compile, publicly disclose, or compel the consent to public disclosure of any personally identifiable information, including the name, physical address, global positioning system coordinates, email address, telephone number, or other location-specific information, of an owner, operator, or employee of any livestock, poultry, or dairy, operation involved in the raising, milking, or finishing of livestock, the raising or finishing of poultry, or the producing or processing of dairy products, unless such personally identifiable information— (1) has been transformed into a statistical or aggregate form at the county level or higher without any such personally identifiable information; or (2) the owner, operator, or employee voluntarily consents to the disclosure of such personally identifiable information. Availability of vacant grazing allotments 437. The Secretary of the Interior, with respect to public lands administered by the Bureau of Land Management, and the Secretary of Agriculture, with respect to National Forest System lands, shall make vacant grazing allotments available to a holder of a grazing permit or lease issued by either Secretary if the lands covered by the permit or lease or other grazing lands used by the holder of the permit or lease are unusable because of drought or wildfire, as determined by the Secretary concerned. The terms and conditions contained in a permit or lease made available pursuant to this section shall be the same as the terms and conditions of the most recent permit or lease that was applicable to the vacant grazing allotment made available. Section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 ) shall not apply with respect to any Federal agency action under this section. protection of water rights 438. None of the funds made available in this or any other Act may be used to condition the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement on the transfer of any water right, including sole and joint ownership, directly to the United States, or any impairment of title, in whole or in part, granted or otherwise recognized under State law, by Federal or State adjudication, decree, or other judgment, or pursuant to any interstate water compact. Additionally, none of the funds made available in this or any other Act may be used to require any water user to apply for or acquire a water right in the name of the United States under State law as a condition of the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement. Definition of Fill Material 439. None of the funds made available in this Act or any other Act may be used by the Environmental Protection Agency to develop, adopt, implement, administer, or enforce any change to the regulations in effect on October 1, 2012, pertaining to the definitions of the terms fill material or discharge of fill material for the purposes of the Federal Water Pollution Control Act ( 33 U.S.C. 1251 , et seq.). Invasive Species 440. Of the amount appropriated by this Act or otherwise made available to the Department of the Interior and the Forest Service for programs that address or include invasive species, not more than 10 percent may be used for administrative costs incurred to carry out such programs, including costs related to oversight and management of such programs, recordkeeping, and strategic planning. Funding Prohibition 441. None of the funds made available in this or any other Act may be used to promulgate any rule that identifies, lists, or treats any material described in section 261.4(a)(13), 261.4(a)(14), or 261.6(a)(3)(ii) of title 40, Code of Federal Regulations as hazardous waste under subtitle C of the Solid Waste Disposal Act ( 42 U.S.C. 6921 et seq. ). Washington’s Birthday 442. (a) Section 6103(a) of title 5, United States Code, is amended by striking the item relating to Washington’s Birthday and inserting the following: Washington’s Birthday, February 22. . (b) The amendment made by subsection (a) shall become effective on February 22, 2017. Wage Garnishment 443. None of the funds made available by this Act may be used to finalize, implement, administer, or enforce the proposed rule entitled Administrative Wage Garnishment published by the Environmental Protection Agency in the Federal Register on July 2, 2014 (79 Fed. Reg. 37704 et seq.). Use of American Iron and Steel 444. (a) (1) None of the funds made available by a drinking water treatment revolving loan fund as authorized by section 1452 of the Safe Drinking Water Act ( 42 U.S.C. 300j–12 ) shall be used for a project for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel products used in the project are produced in the United States. (2) In this section, the term iron and steel products means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. (b) Subsection (a) shall not apply in any case or category of cases in which the Administrator of the Environmental Protection Agency (in this section referred to as the Administrator ) finds that— (1) applying subsection (a) would be inconsistent with the public interest; (2) iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent. (c) If the Administrator receives a request for a waiver under this section, the Administrator shall make available to the public on an informal basis a copy of the request and information available to the Administrator concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request. The Administrator shall make the request and accompanying information available by electronic means, including on the official public Internet Web site of the Environmental Protection Agency. (d) This section shall be applied in a manner consistent with United States obligations under international agreements. (e) The Administrator may retain up to 0.25 percent of the funds appropriated in this Act for the Clean and Drinking Water State Revolving Funds for carrying out the provisions described in subsection (a)(1) for management and oversight of the requirements of this section. Spending Reduction Account 445. The amount by which the applicable allocation of new budget authority made by the Committee on Appropriations of the House of Representatives under section 302(b) of the Congressional Budget Act of 1974 exceeds the amount of proposed new budget authority is $0. This Act may be cited as the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2015 .
July 23, 2014 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5171rh/xml/BILLS-113hr5171rh.xml
|
113-hr-5172
|
I 113th CONGRESS 2d Session H. R. 5172 IN THE HOUSE OF REPRESENTATIVES July 23, 2014 Mr. Johnson of Ohio (for himself, Mr. Stivers , and Mr. Tiberi ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To direct the Secretary of Veterans Affairs to review the list of veterans designated as former prisoners of war, and for other purposes.
1. Short title This Act may be cited as the POW Accountability Act . 2. Review of lists of former prisoners of war (a) Review of lists of prisoners of war The Secretary of Veterans Affairs shall review the VA POW list and the DOD POW list to identify any discrepancies in such lists. (b) Inspector General review of process The Inspector General of the Department of Veterans Affairs shall review the process by which the Secretary determines that a veteran is a former prisoner of war, including whether the Secretary is following guidelines established by the Secretary to determine that a veteran is a former prisoner of war. (c) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the VA POW list, including the following: (1) Any discrepancies, by period of conflict, in the number of prisoners of war included on the VA POW list and the DOD POW list. (2) With respect to veterans included on the VA POW list who are not included on the DOD POW list, information regarding how such determinations were made, including what types of evidence were used, in a manner that does not personally identify such veterans. (3) The results of the review of the Inspector General under subsection (b), without change. (d) Definitions In this section: (1) The term DOD POW list means the list maintained by the Secretary of Defense, acting through the Defense Prisoner of War/Missing Personnel Office, of members of the Armed Forces who were prisoners of war. (2) The term VA POW list means the list maintained by the Secretary of Veterans Affairs of veterans whom the Secretary determines are former prisoners of war.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5172ih/xml/BILLS-113hr5172ih.xml
|
113-hr-5173
|
I 113th CONGRESS 2d Session H. R. 5173 IN THE HOUSE OF REPRESENTATIVES July 23, 2014 Mr. Cassidy 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 a credit to employers who provide paid family and medical leave.
1. Short title This Act may be cited as the Strong Families Act . 2. Employer credit for paid family and medical leave (a) In general (1) Allowance of credit Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 45S. Employer credit for paid family and medical leave (a) In general For purposes of section 38, in the case of an eligible employer, the paid family and medical leave credit is an amount equal to 25 percent of the amount of wages paid to qualifying employees during any period in which such employees are on family and medical leave. (b) Limitations (1) In general The credit allowed under subsection (a) with respect to any employee for any taxable year shall not exceed the lesser of— (A) $4,000, or (B) the product of the wages normally paid to such employee for each hour (or fraction thereof) of services performed for the employer and the number of hours (or fraction thereof) for which family and medical leave is taken. For purposes of subparagraph (B), in the case of any employee who is not paid on an hourly basis, the wages of such employee shall be prorated to an hourly basis under regulations established by the Secretary, in consultation with the Secretary of Labor. (2) Maximum amount of leave subject to credit The amount of family and medical leave that may be taken into account with respect to any employee under subsection (a) for any taxable year shall not exceed 12 weeks. (c) Eligible employer For purposes of this section— (1) In general The term eligible employer means any employer who has in place a policy that meets the following requirements: (A) The policy provides— (i) all qualifying full-time employees with not less than 4 weeks of annual paid family and medical leave, and (ii) all qualifying employees who are not full-time employees with an amount of annual paid family and medical leave that bears the same ratio to 4 weeks as— (I) the number of hours the employee is expected to work during any week, bears to (II) the number of hours an equivalent qualifying full-time employee is expected to work during the week. (B) The policy requires that the rate of payment under the program is not less than 100 percent of the wages normally paid to such employee for services performed for the employer. (2) Special rule for certain employers (A) In general An added employer shall not be treated as an eligible employer unless such employer provides paid family and medical leave under a policy with a provision that states that the employer— (i) will not interfere with, restrain, or deny the exercise of or the attempt to exercise, any right provided under the policy, and (ii) will not discharge or in any other manner discriminate against any individual for opposing any practice prohibited by the policy. (B) Added employer; added employee For purposes of this paragraph— (i) Added employee The term added employee means a qualifying employee who is not covered by title I of the Family and Medical Leave Act of 1993. (ii) Added employer The term added employer means an eligible employer (determined without regard to this paragraph), whether or not covered by that title I, who offers paid family and medical leave to added employees. (3) Treatment of State-paid benefits For purposes of paragraph (1), any leave which is paid by a State or local government shall not be taken into account in determining the amount of paid family and medical leave provided by the employer. (4) No inference Nothing in this subsection shall be construed as subjecting an employer to any penalty, liability, or other consequence (other than ineligibility for the credit allowed by reason of subsection (a)) for failure to comply with the requirements of this subsection. (d) Qualifying employees For purposes of this section, the term qualifying employee means any employee (as defined in section 3(e) of the Fair Labor Standards Act of 1938) who has been employed by the employer for 1 year or more. (e) Family and medical leave For purposes of this section, the term family and medical leave means leave for any purpose described under subparagraph (A), (B), (C), (D), or (E) of paragraph (1), or paragraph (3), of section 102(a) of the Family and Medical Leave Act of 1993, whether the leave is provided under that Act or by a policy of the employer. Such term shall not include any leave provided as paid vacation leave, personal leave, or medical or sick leave (within the meaning of those 3 terms under section 102(d)(2) of that Act). (f) Wages For purposes of this section, the term wages has the meaning given such term by subsection (b) of section 3306 (determined without regard to any dollar limitation contained in such section). Such term shall not include any amount taken into account for purposes of determining any other credit allowed under this subpart. (g) Election To have credit not apply (1) In general A taxpayer may elect to have this section not apply for any taxable year. (2) Other rules Rules similar to the rules of paragraphs (2) and (3) of section 51(j) shall apply for purposes of this subsection. . (b) Credit part of general business credit Section 38(b) of the Internal Revenue Code of 1986 is amended by striking plus at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting , plus , and by adding at the end the following new paragraph: (37) in the case of an eligible employer (as defined in section 45S(c)), the paid family and medical leave credit determined under section 45S(a). . (c) Credit allowed against AMT Subparagraph (B) of section 38(c)(4) of the Internal Revenue Code of 1986 is amended by redesignating clauses (vii) through (ix) as clauses (vii) through (x), respectively, and by inserting after clause (vi) the following new clause: (vii) the credit determined under section 45S, . (d) Conforming amendments (1) Denial of double benefit Section 280C(a) of the Internal Revenue Code of 1986 is amended by inserting 45S(a), after 45P(a), . (2) Election to have credit not apply Section 6501(m) of such Code is amended by inserting 45S(g), after 45H(g), . (3) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 45S. Employer credit for paid family and medical leave. . (e) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5173ih/xml/BILLS-113hr5173ih.xml
|
113-hr-5174
|
I 113th CONGRESS 2d Session H. R. 5174 IN THE HOUSE OF REPRESENTATIVES July 23, 2014 Mr. Connolly (for himself and Mr. Wittman ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To allow additional appointing authorities to select individuals from competitive service certificates.
1. Short title This Act may be cited as the Competitive Service Act of 2014 . 2. Additional appointing authorities for competitive service (a) In general Section 3317 of title 5, United States Code, is amended by adding at end the following: (c) Other appointing authorities (1) In general During the 240-day period beginning on the date of issuance of a certificate of eligibles under subsection (a), an appointing authority other than the appointing authority requesting the certificate (in this subsection referred to as the other appointing authority ) may select an individual from that certificate in accordance with paragraph (2) for an appointment to a position that is— (A) in the same occupational series as the position for which the certification of eligibles was issued (in this subsection referred to as the original position ); and (B) at a similar grade level as the original position. (2) Requirements The selection of an individual under paragraph (1)— (A) shall be made in accordance with this subchapter; and (B) may be made without any additional posting under section 3327, except that before selecting an individual in accordance with paragraph (1) of this section, the other appointing authority shall provide notice of the available position to employees of such authority. (3) Applicability An appointing authority requesting a certificate of eligibles may share the certificate with another appointing authority only if the announcement of the original position provided notice that the resulting list of eligible candidates may be used by another appointing authority. (4) Collective bargaining obligations Nothing in this subsection limits any collective bargaining obligation of an agency under chapter 71. . (b) Regulations Not later than 120 days after the date of enactment of this Act, the Director of the Office of Personnel Management shall issue an interim final rule with comment to carry out the amendment made by subsection (a).
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5174ih/xml/BILLS-113hr5174ih.xml
|
113-hr-5175
|
I 113th CONGRESS 2d Session H. R. 5175 IN THE HOUSE OF REPRESENTATIVES July 23, 2014 Mr. Lance (for himself and Mr. Cassidy ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Patient Protection and Affordable Care Act to repeal the risk corridor program, and for other purposes.
1. Short title This Act may be cited as the Protecting Americans from Illegal Bailouts Act of 2014 . 2. Repeal of the risk corridor program established in PPACA (a) In general Section 1342 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18062 ) is repealed. (b) Effective date The amendment made by subsection (a) shall take effect as of the date of the enactment of this Act.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5175ih/xml/BILLS-113hr5175ih.xml
|
113-hr-5176
|
I 113th CONGRESS 2d Session H. R. 5176 IN THE HOUSE OF REPRESENTATIVES July 23, 2014 Mr. Ben Ray Luján of New Mexico (for himself and Mrs. Lummis ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To authorize the Secretary of the Interior to retire coal preference right lease applications for which the Secretary has made an affirmative commercial quantities determination, and for other purposes.
1. Exchange of coal preference right lease applications (a) In general The Secretary of the Interior may retire any coal preference right lease application for which the Secretary has made an affirmative commercial quantities determination, by issuing bidding rights in exchange for relinquishment of the coal preference right lease application, including, notwithstanding any other provision of law, payment to the relevant State of 50 percent of the dollar amount of any bidding right subsequently used in lieu of any monetary payment of a bonus in a coal lease sale or of rental or royalty under a Federal coal lease. (b) Source of payments The Secretary shall make payments under subsection (a) from monies that would otherwise be deposited to miscellaneous receipts under section 35(a) of the Mineral Leasing Act ( 30 U.S.C. 191(a) ) from revenues received under that section under Federal mineral leases. (c) Treatment of payments A payment to a State under this section shall be treated for all purposes as if it were a payment under section 35(a) of the Mineral Leasing Act ( 30 U.S.C. 191(a) ). (d) Transferability; limitation (1) Transferability A bidding right issued under this section shall be fully transferable to any other person. (2) Notification of secretary A person who transfers such a bidding right shall notify the Secretary of the transfer by any method determined to be appropriate by the Secretary. (3) Effective period (A) In general A bidding right issued under this section shall terminate upon the expiration of the 5-year period beginning on the date it is issued. (B) Tolling of period Such 5-year period shall be tolled during any period in which exercise of the bidding right is precluded by temporary injunctive relief granted under, or administrative, legislative, or judicial suspension of, the Federal coal leasing program. (e) Bidding right defined In this section the term bidding right means an appropriate legal instrument or other written documentation, including an entry in an account managed by the Secretary, issued or created under part 3435 of title 43, Code of Federal Regulations, that may be used— (1) in lieu of a monetary payment for a bonus bid for a coal lease sale under the Mineral Leasing Act (30 U.S.C. 181 et seq,); or (2) as a monetary credit against any rental or royalty payments due under any Federal coal lease.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5176ih/xml/BILLS-113hr5176ih.xml
|
113-hr-5177
|
I 113th CONGRESS 2d Session H. R. 5177 IN THE HOUSE OF REPRESENTATIVES July 23, 2014 Mr. Maffei (for himself, Mr. Barber , and Mr. Barrow of Georgia ) introduced the following bill; which was referred to the Committee on House Administration , 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 the Patient Protection and Affordable Care Act to eliminate benefits under the Federal Employees Health Benefits Program for Members of Congress so they are treated the same way as other taxpayers, and for other purposes.
1. Short title; findings (a) Short title This Act may be cited as the Members Play By the Same Rules Act of 2014 . (b) Findings and purpose (1) Findings Congress finds that Members of Congress are subject to the mandatory coverage requirements of Affordable Care Act under section 5000A of the Internal Revenue Code of 1986 in the same manner as other taxpayers, but are now permitted to meet such requirements through participation and benefits under the Federal Employees Health Benefits Program (FEHBP). (2) Purpose The purpose of this Act is to eliminate coverage of Members of Congress under FEHBP so they are treated in the same manner as other taxpayers. 2. Eliminating FEHBP benefits for Members of Congress Section 1312(d)(3)(D) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18032(d)(3)(D) ) is amended by adding at the end the following new clause: (iii) Elimination of FEHBP benefits with respect to Members serving on or after March 23, 2010; individual coverage through an Exchange Notwithstanding any other provision of law, effective as of January 1, 2015, the following rules apply in carrying out this subparagraph, chapter 89 of title 5, United States Code, and section 5000A of the Internal Revenue Code of 1986: (I) Elimination of FEHBP benefits In the case of an individual who serves as a Member of Congress on or after March 23, 2010, such an individual in the status as such a Member (including as a former Member or as a member of a family, former spouse, or survivor of such a Member or former Member) is not eligible to obtain coverage under, or any Government contribution towards the premium for, a health benefits plan under chapter 89 of title 5, United States Code. (II) Individual coverage through an Exchange plan A Member of Congress representing a Congressional district in a State or, in the case of a Senator, representing a State may satisfy the minimum essential coverage requirement of section 5000A of the Internal Revenue Code of 1986 through coverage described in subsection (f)(1)(C) of such Code (relating to coverage in the individual market) only through enrollment in a health plan offered through the Federal or State Exchange for residents of such district or such State, respectively. .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5177ih/xml/BILLS-113hr5177ih.xml
|
113-hr-5178
|
I 113th CONGRESS 2d Session H. R. 5178 IN THE HOUSE OF REPRESENTATIVES July 23, 2014 Mr. Paulsen (for himself, Mr. Blumenauer , and Mr. DeFazio ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to allow an offset against income tax refunds to pay for restitution and other State judicial debts that are past-due.
1. Short title This Act may be cited as the Crime Victim Restitution and Court Fee Intercept Act . 2. Offset of restitution and other State judicial debts against income tax refund (a) In general Section 6402 of the Internal Revenue Code of 1986 is amended by redesignating subsections (f) through (l) as subsections (g) through (m), respectively, and by inserting after subsection (f) the following: (g) Collection of past-Due, legally enforceable restitution and other State judicial debts (1) In general In any State which wishes to collect past-due, legally enforceable State judicial debts, the chief justice of the State’s highest court shall designate a single State entity to communicate judicial debt information to the Secretary. In making such designation, the chief justice of the State's highest court shall select, whenever practicable, a relevant State official or agency responsible under State law for collecting the State's income tax or other statewide excise at the time of the designation. Upon receiving notice from a State designated entity that a named person owes a past-due, legally enforceable State judicial debt to or in such State, the Secretary shall, under such conditions as may be prescribed by the Secretary— (A) reduce the amount of any overpayment payable to such person by the amount of such State judicial debt; (B) pay the amount by which such overpayment is reduced under subparagraph (A) to such State designated entity and notify such State designated entity of such person’s name, taxpayer identification number, address, and the amount collected; and (C) notify the person making such overpayment that the overpayment has been reduced by an amount necessary to satisfy a past-due, legally enforceable State judicial debt. If an offset is made pursuant to a joint return, the notice under subparagraph (B) shall include the names, taxpayer identification numbers, and addresses of each person filing such return. (2) Priorities for offset Any overpayment by a person shall be reduced pursuant to this subsection— (A) after such overpayment is reduced pursuant to— (i) subsection (a) with respect to any liability for any internal revenue tax on the part of the person who made the overpayment; (ii) subsection (c) with respect to past-due support; (iii) subsection (d) with respect to any past-due, legally enforceable debt owed to a Federal agency; and (iv) subsection (e) with respect to any past-due, legally enforceable State income tax obligations; and (B) before such overpayment is credited to the future liability for any Federal internal revenue tax of such person pursuant to subsection (b). If the Secretary receives notice from 1 or more State designated entities of more than 1 debt subject to paragraph (1) that is owed by such person to such State agency or State judicial branch, any overpayment by such person shall be applied against such debts in the order in which such debts accrued. (3) Notice; consideration of evidence Rules similar to the rules of subsection (e)(4) shall apply with respect to debts under this subsection. (4) Past-due, legally enforceable State judicial debt (A) In general For purposes of this subsection, the term past-due, legally enforceable State judicial debt means a debt— (i) which resulted from a judgment or sentence rendered by any court or tribunal of competent jurisdiction which— (I) handles criminal or traffic cases in the State; and (II) has determined an amount of State judicial debt to be due; and (ii) which resulted from a State judicial debt which has been assessed and is past-due but not collected. (B) State judicial debt For purposes of this paragraph, the term State judicial debt includes court costs, fees, fines, assessments, restitution to victims of crime, and other monies resulting from a judgment or sentence rendered by any court or tribunal of competent jurisdiction handling criminal or traffic cases in the State. (5) Regulations The Secretary shall issue regulations prescribing the time and manner in which State designated entities must submit notices of past-due, legally enforceable State judicial debts and the necessary information that must be contained in or accompany such notices. The regulations shall specify the types of State judicial monies and the minimum amount of debt to which the reduction procedure established by paragraph (1) may be applied. The regulations shall require State designated entities to pay a fee to reimburse the Secretary for the cost of applying such procedure. Any fee paid to the Secretary pursuant to the preceding sentence shall be used to reimburse appropriations which bore all or part of the cost of applying such procedure. (6) Erroneous payment to State Any State designated entity receiving notice from the Secretary that an erroneous payment has been made to such State designated entity under paragraph (1) shall pay promptly to the Secretary, in accordance with such regulations as the Secretary may prescribe, an amount equal to the amount of such erroneous payment (without regard to whether any other amounts payable to such State designated entity under such paragraph have been paid to such State designated entity). . (b) Disclosure of return information Section 6103(l)(10) of such Code is amended by striking or (f) each place it appears in the text and heading and inserting (f), or (g) . (c) Conforming amendments (1) Section 6402(a) of such Code is amended by striking and (f) and inserting (f), and (g) . (2) Section 6402(d)(2) of such Code is amended by striking subsections (e) and (f) and inserting subsections (e), (f), and (g) . (3) Section 6402(e)(3)(B) of such Code is amended to read as follows: (B) before such overpayment is— (i) reduced pursuant to subsection (g) with respect to past-due, legally enforceable State judicial debts, and (ii) credited to the future liability for any Federal internal revenue tax of such person pursuant to subsection (b). . (4) Section 6402(h) of such Code, as so redesignated, is amended by striking or (f) and inserting (f), or (g) . (5) Section 6402(j) of such Code, as so redesignated, is amended by striking or (f) and inserting , (f), or (g) . (d) Effective date The amendments made by this section shall apply to refunds payable for taxable years beginning after December 31, 2013.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5178ih/xml/BILLS-113hr5178ih.xml
|
113-hr-5179
|
I 113th CONGRESS 2d Session H. R. 5179 IN THE HOUSE OF REPRESENTATIVES July 23, 2014 Mr. Richmond (for himself, Mrs. Kirkpatrick , Ms. Kaptur , Ms. Lee of California , and Ms. Linda T. Sánchez of California ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend title 39, United States Code, to provide that the United States Postal Service may provide certain basic financial services, and for other purposes.
1. Short title This Act may be cited as the Providing Opportunities for Savings, Transactions, and Lending Act of 2014 or the POSTAL Act of 2014 . 2. Authority for the Postal Service to offer certain financial services (a) In general Section 404(a) of title 39, United States Code, is amended— (1) in paragraph (7), by striking and at the end; (2) in paragraph (8), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new paragraph: (9) to provide basic financial services, including— (A) small-dollar loans; (B) alone, or in partnership with depository institutions (as defined under section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 )) and credit unions— (i) checking accounts and interest-bearing savings accounts; and (ii) services relating to international money transfers; (C) such other basic financial services as the Postal Service determines appropriate in the public interest; and (D) the creation of a Postal Card that allows users to engage in the financial services described under this paragraph. . (b) Technical and conforming amendment Section 404(e)(2) of title 39, United States Code, is amended by adding at the end the following: The preceding sentence shall not apply to any financial service offered by the Postal Service under subsection (a)(9). .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5179ih/xml/BILLS-113hr5179ih.xml
|
113-hr-5180
|
I 113th CONGRESS 2d Session H. R. 5180 IN THE HOUSE OF REPRESENTATIVES July 23, 2014 Mr. Ross (for himself, Mr. Delaney , Mr. Bachus , Mr. Murphy of Florida , Ms. Sinema , and Mr. Luetkemeyer ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Financial Stability Act of 2010 to improve the transparency of the Financial Stability Oversight Council, to improve the SIFI designation process, and for other purposes.
1. Short title This Act may be cited as the Financial Stability Oversight Council Improvement Act of 2014 . 2. Transparency and accountability Section 111 of the Financial Stability Act of 2010 ( 12 U.S.C. 5321 ) is amended by adding at the end the following: (k) Application of the Administrative Procedure Act (1) In general The Council shall be an agency for purposes of subchapter II of chapter 5 and chapter 7 of title 5, United States Code (commonly referred to as the Administrative Procedure Act ). (2) Notice of meetings by Chairperson The Chairperson shall be responsible for the public announcements required under section 552b(e) of title 5, United States Code. (3) Closed meeting votes A determination made by the Council under section 552b(c) of title 5, United States Code, may only be made by a majority vote of the voting members of the Council then serving. (4) Treatment as regulators of financial institutions The Council and the Office of Financial Research shall each be an agency responsible for the regulation or supervision of financial institutions for purposes of section 552(b)(8) of title 5, United States Code. (l) Publication of reports and analyses (1) In general With respect to any final report, study, or analysis prepared by the Council, the Council shall promptly make available to the public, after distribution for review or use— (A) any data, analysis, and reports— (i) produced by the Council; and (ii) produced by member agencies or the Office of Financial Research to support the work of the Council; and (B) with respect to any findings in such report, study, or analysis, an explanation for such findings and any data used to substantiate such findings. (2) Redaction of exempt information Paragraph (1) shall not apply to any information that is exempt from disclosure under section 552(b) of title 5, United States Code. (m) Revisions to analytic framework for determinations The Council shall make no revisions to any final published analytic framework for determinations under this section or adopt or apply any new similar framework without providing prior public notice and an opportunity for comment, consistent with section 553 of title 5, United States Code. . 3. SIFI designation process Section 113 of the Financial Stability Act of 2010 ( 12 U.S.C. 5323 ) is amended— (1) in subsection (a)(2)— (A) in subparagraph (J), by striking and at the end; (B) by redesignating subparagraph (K) as subparagraph (L); and (C) by inserting after subparagraph (J) the following: (K) the appropriateness of the imposition of prudential standards as opposed to other forms of regulation to mitigate the identified risks; and ; (2) in subsection (b)(2)— (A) in subparagraph (J), by striking and at the end; (B) by redesignating subparagraph (K) as subparagraph (L); (C) by inserting after subparagraph (J) the following: (K) the appropriateness of the imposition of prudential standards as opposed to other forms of regulation to mitigate the identified risks; and ; and (D) in subsection (d)— (i) in paragraph (1), by striking and at the end; (ii) by redesignating paragraph (2) as paragraph (3); and (iii) by inserting after paragraph (1) the following: (2) provide written notice to the nonbank financial company being reevaluated and afford such company an opportunity to submit written materials, within such time as the Council determines to be appropriate (but which shall be not less than 30 days after the date of receipt by the company of such notice), to contest the determination, including materials concerning whether, in the company’s view, material financial distress at the company, or the nature, scope, size, scale, concentration, interconnectedness, or mix of the activities of the company could pose a threat to the financial stability of the United States; and ; (3) by amending subsection (e) to read as follows: (e) Requirements prior to a final determination, notice and opportunity for hearing, and final determination (1) Notice of identification for initial evaluation and opportunity for voluntary submission Upon identifying a nonbank financial company for comprehensive analysis of the potential for the nonbank company to pose a threat to the financial stability of the United States, the Council shall provide the nonbank financial company with— (A) written notice that explains with specificity the basis for so identifying the company; and (B) an opportunity to submit written materials for consideration by the Council as part of the Council’s initial evaluation of the risk profile and characteristics of the company. (2) Requirements before making a proposed determination Before making a proposed determination with respect to a nonbank financial company under paragraph (3), the Council shall— (A) by a vote of not fewer than 2/3 of the voting members then serving, including an affirmative vote by the Chairperson, approve a resolution that identifies with specificity any risks to the financial stability of the United States the Council has identified relating to the nonbank financial company; (B) with respect to nonbank financial company with a primary financial regulatory agency, provide a copy of the resolution described under subparagraph (A) to the primary financial regulatory agency and provide such agency with at least 180 days from the receipt of the resolution to— (i) consider the risks identified in the resolution; and (ii) issue proposed regulations or undertake other regulatory action to mitigate or prevent the identified risks; and (C) provide the nonbank financial company with— (i) written notice that the Council is considering whether to make a proposed determination with respect to the nonbank financial company under subsection (a) or (b), as applicable; (ii) an opportunity to submit written materials, within such time as the Council deems appropriate (but not less than 30 days after the date of receipt by the company of the notice described under clause (i)), to the Council to inform the Council’s consideration of the nonbank financial company for a proposed determination, including materials concerning the company’s views as to whether it satisfies the standard for determination set forth in subsection (a) or (b), as applicable; and (iii) written notice when the Council deems its evidentiary record regarding such nonbank financial company to be complete. (3) Proposed determination (A) Voting The Council may, by a vote of not fewer than 2/3 of the voting members then serving, including an affirmative vote by the Chairperson, propose to make a determination in accordance with the provisions of subsection (a) or (b), as applicable, with respect to a nonbank financial company. (B) Deadline for making a proposed determination With respect to a nonbank financial company provided with a written notice under paragraph (2)(C)(i), if the Council does not provide the company with the written notice of a proposed determination described under paragraph (4) within the 180-day period following the date on which the Council notifies the company under paragraph (2)(C) that the evidentiary record is complete, the Council may not make such a proposed determination with respect to such company unless the Council repeats the procedures described under paragraph (2). (C) Review of actions of primary financial regulatory agency With respect to a nonbank financial company with a primary financial regulatory agency, the Council may not vote under subparagraph (A) to make a proposed determination unless— (i) the Council determines that any proposed regulations or other regulatory actions taken by the primary financial regulatory agency after receipt of the resolution described under paragraph (2)(A) are insufficient to mitigate or prevent the risks identified in the resolution; (ii) the primary financial regulatory agency has notified the Council that the agency has no proposed regulations or other regulatory actions to mitigate or prevent the risks identified in the resolution; or (iii) the period allowed by the Council under paragraph (2)(B) has elapsed and the primary financial regulatory agency has taken no action in response to the resolution. (4) Notice of proposed determination The Council shall provide to a nonbank financial company written notice of a proposed determination of the Council, including an explanation of the basis of the proposed determination of the Council, that a nonbank financial company shall be supervised by the Board of Governors and shall be subject to prudential standards in accordance with this title, an explanation of the specific risks to the financial stability of the United States presented by the nonbank financial company, and a detailed explanation of why other regulatory action by the company’s primary financial regulatory agency, if any, is insufficient to mitigate or prevent such risk. (5) Hearing (A) In general Not later than 30 days after the date of receipt of any notice of a proposed determination under paragraph (4), the nonbank financial company may request, in writing, an opportunity for a written or oral hearing before the Council to contest the proposed determination, including the opportunity to present a plan to modify the company’s business, structure, or operations in order to mitigate the risks identified in the notice, and which plan shall also include any steps the company expects to take during the implementation period to mitigate such risks. (B) Grant of hearing Upon receipt of a timely request, the Council shall fix a time (not earlier than 30 days after the date of receipt of the request) and place at which such company may appear, personally or through counsel, to— (i) submit written materials (which may include a plan to modify the company’s business, structure, or operations); or (ii) provide oral testimony and oral argument. (6) Council consideration of company plan (A) In general If a nonbank financial company submits a plan in accordance with paragraph (5), the Council shall, prior to making a final determination— (i) consider whether the plan, if implemented, would mitigate the risks identified in the notice under paragraph (4); and (ii) provide the nonbank financial company an opportunity to revise the plan after consultation with the Council. (B) Voting Approval by the Council of a plan submitted under paragraph (5) or revised under subparagraph (A)(ii) shall require a vote of not fewer than 2/3 of the voting members then serving, including an affirmative vote by the Chairperson. (C) Implementation of approved plan With respect to a nonbank financial company’s plan approved by the Council under subparagraph (B), the company shall have one year to implement the plan, except that the Council, in its sole discretion and upon request from the nonbank financial company, may grant one or more extensions of the implementation period. (D) Oversight of implementation (i) Periodic reports The Council, acting through the Office of Financial Research, may require the submission of periodic reports from a nonbank financial company for the purpose of evaluating the company’s progress in implementing a plan approved by the Council under subparagraph (B). (ii) Inspections The Council may direct the primary financial regulatory agency of a nonbank financial company (or, if none, the Board of Governors) to inspect the company for the purpose of evaluating the company’s progress in implementing the company’s plan. (E) Authority to rescind approval (i) In general During the implementation period described under subparagraph (C), including any extensions granted by the Council, the Council shall retain the authority to rescind its approval of the plan if the Council finds, by a vote of not fewer than 2/3 of the voting members then serving, including an affirmative vote by the Chairperson, that the company’s implementation of the plan is no longer sufficient to mitigate or prevent the risks identified in the resolution described under paragraph (2)(A). (ii) Final determination vote The Council may proceed to a vote on final determination under subsection (a) or (b), as applicable, not earlier than 10 days after providing the nonbank financial company with written notice that the Council has rescinded the approval of the company’s plan pursuant to clause (i). (F) Actions after implementation (i) Evaluation of implementation After the end of the implementation period described under subparagraph (C), including any extensions granted by the Council, the Council shall consider whether the plan, as implemented by the nonbank financial company, adequately mitigates or prevents the risks identified in the resolution described under paragraph (2)(A). (ii) Voting If, after performing an evaluation under clause (i), not fewer than 2/3 of the voting members of the Council then serving, including an affirmative vote by the Chairperson, determine that the plan, as implemented, adequately mitigates or prevents the identified risks, the Council shall not make a final determination under subsection (a) or (b), as applicable, with respect to the nonbank financial company and shall notify the company of the Council’s decision to take no further action. (7) Final council decisions (A) In general Not later than 90 days after the date of a hearing under paragraph (5), the Council shall notify the nonbank financial company of— (i) a final determination under subsection (a) or (b), as applicable; (ii) the Council’s approval of a plan submitted by the nonbank financial company under paragraph (5) or revised under paragraph (6); or (iii) the Council’s decision to take no further action with respect to the nonbank financial company. (B) Explanatory statement A final determination of the Council, under subsection (a) or (b), shall contain a statement of the basis for the decision of the Council, including the reasons why the Council rejected any plan by the nonbank financial company submitted under paragraph (5) or revised under paragraph (6). ; and (4) by adding at the end the following: (j) Periodic review of individual determination (1) Review Every 5 years after the date of a final determination with respect to a nonbank financial company under subsection (a) or (b), as applicable, the nonbank financial company may submit a written request to the Council for a reevaluation of such determination. Upon receipt of such a request, the Council shall conduct a reevaluation of such determination and hold a vote on whether to rescind such determination. (2) Procedures (A) In general Upon receipt of a written request under paragraph (1), the Council shall fix a time (not earlier than 30 days after the date of receipt of the request) and place at which such company may appear, personally or through counsel, to— (i) submit written materials (which may include a plan to modify the company’s business, structure, or operations, which shall specify the length of the implementation period); or (ii) provide oral testimony and oral argument before the members of the Council. (B) Treatment of plan If the company submits a plan in accordance with subparagraph (A)(i), the Council shall consider whether the plan, if implemented, would cause the company to no longer meet the standards for a final determination under subsection (a) or (b), as applicable. The Council shall provide the nonbank financial company an opportunity to revise the plan after consultation with the Council. (3) Rescission of determination (A) In general If the Council, by a vote of not fewer than 2/3 of the voting members then serving, including an affirmative vote by the Chairperson, determines under this subsection that a nonbank financial company no longer meets the standards for a final determination under subsection (a) or (b), as applicable, the Council shall rescind such determination. (B) Approval of company plan Approval by the Council of a plan submitted or revised in accordance with paragraph (2) shall require a vote of not fewer than 2/3 of the voting members then serving, including an affirmative vote by the Chairperson. If such plan is approved by the Council, the company shall implement the plan during the period identified in the plan, except that the Council, in its sole discretion and upon request from the company, may grant one or more extensions of the implementation period. After the end of the implementation period, including any extensions granted by the Council, the Council shall proceed to a vote as described under subparagraph (A). (k) Periodic assessment of the impact of designations (1) Assessment Every five years after the date of enactment of this section, the Council shall— (A) conduct a study of the Council’s determinations that nonbank financial companies shall be supervised by the Board of Governors and shall be subject to prudential standards; and (B) comprehensively assess the impact of such determinations on the companies for which such determinations were made and the wider economy, including whether such determinations are having the intended result of improving the financial stability of the United States. (2) Report Not later than 90 days after completing a study required under paragraph (1), the Council shall issue a report to the Congress that— (A) describes all findings and conclusions made by the Council in carrying out such study; and (B) identifies whether any of the Council’s determinations should be rescinded or whether related regulations or regulatory guidance should be modified, streamlined, expanded, or repealed. . 4. Rule of construction None of the amendments made by this Act may be construed as limiting the Financial Stability Oversight Counsel’s emergency powers under section 113(f) of the Financial Stability Act of 2010 ( 12 U.S.C. 5323(f) ).
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5180ih/xml/BILLS-113hr5180ih.xml
|
113-hr-5181
|
I 113th CONGRESS 2d Session H. R. 5181 IN THE HOUSE OF REPRESENTATIVES July 23, 2014 Ms. Speier (for herself and Mr. Chaffetz ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend title 44, United States Code, to require the retention of records of high level officials, and for other purposes.
1. Short title This Act may be cited as the Retention of Electronic Correspondence Of Regulatory Decisions Act of 2014 or as the RECORD Act of 2014 . 2. Retention of records of high level officials Section 3102 of title 44, United States Code, is amended— (1) in paragraph (2), by striking ; and and inserting a semicolon; (2) in paragraph (3), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (4) the identification of electronic mail accounts that should be preserved because such accounts are most likely to contain records that should be preserved as permanent Federal records and the automatic retention of those records, including the accounts of each head of a Federal agency, the deputies and assistants of such head, the head of each program office and staff office, each assistant secretary, each administrator, each commissioner, each director of an office, bureau, or the equivalent, each principal regional official, each staff assistant to such official (such as a special assistant, confidential assistant, and administrative assistant), each career Federal employee, each political appointee, and each member of the Armed Forces serving in equivalent or comparable positions; and (5) electronic capture, management, and preservation of the electronic mail accounts described in paragraph (4) in accordance with the records disposal requirements of chapter 33 of this title such that— (A) electronic records are readily accessible for retrieval through electronic searches; and (B) there are mandatory minimum functional requirements for electronic records management systems to ensure compliance with this section. . 3. Review by the Comptroller General of the United States Section 3107 of title 44, United States Code, is amended— (1) by striking Chapters 21 and inserting (a) In general.— Chapters 21 ; and (2) by adding at the end the following: (b) Comptroller General evaluation The Comptroller General shall evaluate and report to Congress not less than every two years on agency management of electronic mail records required under paragraphs (4) and (5) of section 3102. . 4. Review by Inspector General Section 4(a) of the Inspector General Act (5 U.S.C. App.) is amended— (1) in paragraph (4), by striking ; and and inserting a semicolon; (2) in paragraph (5), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new paragraph: (6) to review existing and proposed legislation and regulations relating to records retention requirements under the chapters 21, 29, 31 and 33 of title 44, United States Code (commonly referred to as the Federal Records Act) for programs and operations of such establishment and to make recommendations in the semiannual reports required by section 5(a) concerning compliance with records retention requirements. . 5. Effective date This Act and the amendments made by this Act shall take effect on December 31, 2014.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5181ih/xml/BILLS-113hr5181ih.xml
|
113-hr-5182
|
I 113th CONGRESS 2d Session H. R. 5182 IN THE HOUSE OF REPRESENTATIVES July 23, 2014 Mr. Takano (for himself, Mr. Becerra , Mr. Cicilline , Ms. Lee of California , Mr. Higgins , Mr. Schiff , Mr. McDermott , and Mr. Himes ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title II of the Social Security Act to provide for equal treatment of individuals in same-sex marriages, and for other purposes.
1. Short title This Act may be cited as the Social Security and Medicare Parity Act of 2014 . 2. Determination of valid marriage under the Social Security Act (a) In general Section 216(h)(1)(A)(i) of the Social Security Act ( 42 U.S.C. 416(h)(1)(A)(i) ) is amended by striking is domiciled and all that follows through the District of Columbia, and inserting and such applicant were married (or, if such insured individual and such applicant were not married in any State but were validly married in another jurisdiction, the courts of any State) . (b) Effective date The amendments made by this section shall apply to all final determinations of family status made after June 26, 2013. 3. Alternative method of meeting nine-month requirement for widows, stepchildren, or widowers in certain cases Section 216(k) of the Social Security Act ( 42 U.S.C. 416(k) ) is amended— (1) in the section heading, by striking in Case of Accidental Death or in Case of Serviceman Dying in Line of Duty, or in Case of Remarriage to the Same Individual and inserting in certain cases ; (2) in paragraph (1), by striking or at the end; (3) in paragraph (2)(B), by adding or at the end; and (4) by inserting after paragraph (2) the following: (3) (A) in the case of a widow or widower of such individual whose marriage to such individual would not have been treated as a marriage for purposes of Federal law prior to June 26, 2013, such widow or widower— (i) became the wife or husband of such individual (or was deemed to be the wife or husband of such individual under subsection (h)(1)(A)(ii))— (I) if such widow or widower is domiciled in a State that recognized same-sex marriages, civil unions, or registered domestic partnerships as of June 26, 2013, before March 26, 2014; and (II) if such widow or widower is domiciled in any other State— (aa) before March 26, 2014; or (bb) if applicable, during the 9-month period beginning with the 1st date on which such State recognized same-sex marriages, civil unions, or registered domestic partnerships; and (ii) provides a sworn affidavit that the widow or widower was married to, or in a domestic partnership with, such individual throughout the 9-month period ending on the date of the individual’s death; or (B) the stepchild of such individual— (i) became the stepchild of such individual as a result of a parent of the stepchild becoming the wife or husband of such individual (or being deemed to be the wife or husband of such individual under subsection (h)(1)(A)(ii))— (I) if such parent is domiciled in a State that recognized same-sex marriages, civil unions, or registered domestic partnerships as of June 26, 2013, before March 26, 2014; and (II) if such parent is domiciled in any other State— (aa) before March 26, 2014; or (bb) if applicable, during the 9-month period beginning with the 1st date on which such State recognized same-sex marriages, civil unions, or registered domestic partnerships; and (ii) provides a sworn affidavit that such parent was married to, or in a domestic partnership with, such individual throughout the 9-month period ending on the date of the individual’s death; . 4. Alternative method of meeting 1-year requirement for wives, stepchildren, or husbands in certain cases The requirement in section 216(b)(2) of the Social Security Act ( 42 U.S.C. 416 ) and the requirement in section 216(f)(2) of such Act that the spouse of an individual shall have been married to such individual for a period of not less than 1 year immediately preceding the day on which the spouse’s application for wife’s or husband’s insurance benefits is filed in order to qualify as such individual's wife or husband, and the requirement in section 216(e)(2) of such Act that the stepchild of an individual shall have been such stepchild for not less than 1 year immediately preceding the day on which application for child's insurance benefits is filed in order to qualify as such individual's child, shall be deemed to be satisfied, where such application is filed within the applicable 1-year period, if— (1) in the case of a wife or husband of such individual whose marriage to such individual would not have been treated as a marriage for purposes of Federal law prior to June 26, 2013, such wife or husband— (A) became the wife or husband of such individual (or was deemed to be the wife or husband of such individual under subsection (h)(1)(A)(ii) of such Act)— (i) if such wife or husband is domiciled in a State that recognized same-sex marriages, civil unions, or registered domestic partnerships as of June 26, 2013, before June 26, 2014; and (ii) if such wife or husband is domiciled in any other State— (I) before June 26, 2014; or (II) if applicable, during the 1-year period beginning with the 1st date on which such State recognized same-sex marriages, civil unions, or registered domestic partnerships; and (B) provides a sworn affidavit that the wife or husband was married to, or in a domestic partnership with, such individual throughout the 1-year period ending on the date of the application for wife’s or husband’s insurance benefits; or (2) the stepchild of such individual— (A) became the stepchild of such individual as a result of a parent of the stepchild becoming the wife or husband of such individual (or being deemed to be the wife or husband of such individual under subsection (h)(1)(A)(ii) of such Act)— (i) if such parent is domiciled in a State that recognized same-sex marriages, civil unions, or registered domestic partnerships as of June 26, 2013, before June 26, 2014; and (ii) if such parent is domiciled in any other State— (I) before June 26, 2014; or (II) if applicable, during the 1-year period beginning with the 1st date on which such State recognized same-sex marriages, civil unions, or registered domestic partnerships; and (B) provides a sworn affidavit that such parent was married to, or in a domestic partnership with, such individual throughout the 1-year period ending on the date of the application for child's insurance benefits. 5. Notification of changes in law; outreach campaign (a) In general As soon as practicable after the date of the enactment of this Act but not later than December 31, 2014, the Commissioner of Social Security shall conduct a comprehensive and effective 3-year outreach campaign to encourage individuals newly eligible for benefits under title II of the Social Security Act as a result of changes in law relating to same-sex marriage and occurring on or after June 26, 2013, including this Act and the amendments made thereby, to apply for such benefits. Such outreach campaign shall include direct notification regarding such changes in law to current beneficiaries and to individuals approaching retirement. (b) Report to Congress Not later than December 31 of each of the 1st 3 calendar years beginning with 2015, the Commissioner of Social Security shall submit to the Committee on Ways and Means of the House of Representatives, the Committee on Finance of the Senate, and the Committees on Appropriations of the House of Representatives and the Senate a report that includes— (1) a description of the educational and outreach activities conducted by the Commissioner of Social Security under subsection (a) during the preceding year; (2) the number of applications for benefits under title II of the Social Security Act filed as a result of changes in law relating to same-sex marriage and occurring on or after June 26, 2013, including this Act and the amendments made thereby, in the preceding year; and (3) the number of such applications which resulted in entitlement to benefits.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5182ih/xml/BILLS-113hr5182ih.xml
|
113-hr-5183
|
I 113th CONGRESS 2d Session H. R. 5183 IN THE HOUSE OF REPRESENTATIVES July 23, 2014 Mrs. Black (for herself and Mr. Blumenauer ) 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 establish a demonstration program requiring the utilization of Value-Based Insurance Design to demonstrate that reducing the copayments or coinsurance charged to Medicare beneficiaries for selected high-value prescription medications and clinical services can increase their utilization and ultimately improve clinical outcomes and lower health care expenditures.
1. Short title This Act may be cited as the Value Based Insurance Design for Better Care Act of 2014 or the VBID for Better Care Act of 2014 . 2. Findings Congress makes the following findings: (1) A growing body of evidence demonstrates that increases in patient-level financial barriers (including deductibles, copayments, and coinsurance) for high-value medical services (such as prescription medications, clinician visits, diagnostic tests, and procedures) systematically reduce their use. Savings attributable to cost-related decreased utilization of specific services may lead to an increase in total medical expenditures due to increased use of other related clinical services, such as hospitalizations and emergency room visits. (2) Empirical research studies demonstrate that reductions in beneficiary out-of-pocket expenses for high-value prescription medications and clinical services can mitigate the adverse health and financial consequences attributable to cost-related decreased utilization of high-value services. (3) Financial barriers to prescription medications and clinical services that are deemed to be high-value should be reduced or eliminated to increase their use. (4) Value-Based Insurance Design is a methodology that adjusts patient out-of-pocket costs for prescription medications and clinical services according to the clinical value—not exclusively the cost. Value-Based Insurance Design is based on the concept of clinical nuance that recognizes— (A) prescription medications and clinical services differ in the clinical benefit provided; and (B) the clinical benefit derived from a specific prescription medication or clinical service depends on the clinical situation, the provider, and where the care is delivered. (5) The current one-size-fits-all copayment or coinsurance design for prescription medications and clinical services provided under the Medicare program does not recognize the well-established value differences in health outcomes produced by various medical interventions. (6) The establishment by Medicare of copayment and coinsurance requirements using Value-Based Insurance Design methodologies will improve patient-centered health outcomes, enhance personal responsibility, and afford a more efficient use of taxpayer dollars. 3. Demonstration program (a) In general The Secretary of Health and Human Services (in this section referred to as the Secretary ) shall establish a 3-year demonstration program to test the use of value-based insurance design methodologies (as defined in subsection (c)(1)) under eligible Medicare Advantage plans offered by Medicare Advantage organizations under part C of title XVIII of the Social Security Act ( 42 U.S.C. 1395w–21 et seq. ). (b) Demonstration program design (1) Selection of MA region and eligible Medicare Advantage plans The Secretary shall— (A) select at least two MA regions (as defined in section 1858(a)(2) of the Social Security Act (42 U.S.C. 1395w–27a(a)(2))) with respect to which to conduct the demonstration program under this section; and (B) approve eligible Medicare Advantage plans to participate in such demonstration program. (2) Start of demonstration The demonstration program shall begin with respect to the first plan year beginning after the date on which at least two eligible Medicare Advantage plans have been approved by the Secretary in at least one MA region selected under paragraph (1). (3) Eligible Medicare Advantage plans For purposes of this section, the term eligible Medicare Advantage plan means a Medicare Advantage plan under part C of title XVIII of the Social Security Act (42 U.S.C. 1395w–21 et seq.) that meets the following requirements: (A) The plan is an MA regional plan (as defined in paragraph (4) of section 1859(b) of such Act (42 U.S.C. 1395w–28(b))) or MA local plan (as defined in paragraph (5) of such section) offered in the MA region selected under paragraph (1)(A). (B) The plan has— (i) a quality rating under section 1853(n)(4) of such Act ( 42 U.S.C. 1395w–23(n)(4) ) of 4 stars or higher based on the most recent data available for such year; (ii) in the case of a specialized MA plan for special needs individuals, as defined in subsection (b)(6)(A) of section 1859(b)(6)(A) of such Act (42 U.S.C. 1395w–28(b)(6)(A)), received a multi-year approval by the National Committee for Quality Assurance under subsection (f)(7) of such section; or (iii) at least 20 percent of the population to whom the plan is offered consists of subsidy eligible individuals (as defined in section 1860D–14(a)(3)(A) of the Social Security Act ( 42 U.S.C. 1395w–114(a)(3)(A) )). (c) Value-Based insurance design methodologies (1) Definition For purposes of this section, the term value-based insurance design methodology means a methodology for identifying specific prescription medications, and clinical services that are reimbursable under title XVIII of the Social Security Act, for which copayments, coinsurance, or both should be reduced or eliminated because of the high-value and effectiveness of such medications and services for specific chronic clinical conditions (as approved by the Secretary). (2) Use of methodologies to reduce copayments and coinsurance A Medicare Advantage organization offering an eligible Medicare Advantage plan selected to participate under the demonstration program, for each plan year for which the plan is so selected and using value-based insurance design methodologies— (A) shall identify each prescription medication and clinical service covered under such plan for which the amount of the copayment or coinsurance should be reduced or eliminated, with respect to the management of specific chronic clinical conditions (as specified by the Secretary) of MA eligible individuals (as defined in section 1851(a)(3) of the Social Security Act (42 U.S.C. 1395w–21(a)(3))) enrolled under such plans, for such plan year; and (B) may, for such plan year, reduce or eliminate copayments, coinsurance, or both for such prescription medication and clinical services so identified with respect to the management of such conditions of such individuals— (i) if such reduction or elimination is evidence-based, for the purpose of encouraging such individuals in such plan to use such prescription medications and clinical services (such as preventive care, primary care, specialty visits, diagnostic tests, procedures, and durable medical equipment) with respect to such conditions; and (ii) for the purpose of encouraging such individuals in such plan to use health care providers that such organization has identified with respect to such plan year. (3) Prohibition of increases of copayments and coinsurance In no case may any Medicare Advantage plan participating in the demonstration program increase, for any plan year for which the plan is so participating, the amount of copayments or coinsurance for any item or service covered under such plan for purposes of discouraging the use of such item or service. (d) Report on implementation (1) In general Not later than 1 year after the date on which the demonstration program under this section begins under subsection (b)(2), the Secretary shall submit to Congress a report on the status of the implementation of the demonstration program. (2) Elements The report required by paragraph (1) shall, with respect to eligible Medicare Advantage plans participating in the demonstration program for the first plan year of such program, include the following: (A) A list of each medication and service identified pursuant to subsection (c)(2)(A) for such plan with respect to such plan year. (B) For each such medication or service so identified, the amount of the copayment or coinsurance required under such plan with respect to such plan year for such medication or service and the amount of the reduction of such copayment or coinsurance from the previous plan year. (C) For each provider identified pursuant to subsection (c)(2)(B)(ii) for such plan with respect to such plan year, a statement of the amount of the copayment or coinsurance required under such plan with respect to such plan year and the amount of the reduction of such copayment or coinsurance from the previous plan year. (e) Review and assessment of utilization of value-Based insurance design methodologies (1) In general The Secretary shall enter into a contract or agreement with an independent, non-biased entity having expertise in value-based insurance design methodologies to review and assess the implementation of the demonstration program under this section. The review and assessment shall include the following: (A) An assessment of the utilization of value-based insurance design methodologies by Medicare Advantage plans participating under such program. (B) An analysis of whether reducing or eliminating the copayment or coinsurance for each medication and clinical service identified pursuant to subsection (c)(2)(A) resulted in increased adherence to medication regimens, increased service utilization, improvement in quality metrics, better health outcomes, and enhanced beneficiary experience. (C) An analysis of the extent to which costs to Medicare Advantage plans under part C of title XVIII of the Social Security Act participating in the demonstration program is less than costs to Medicare Advantage plans under such part that are not participating in the demonstration program. (D) An analysis of whether reducing or eliminating the copayment or coinsurance for providers identified pursuant to subsection (c)(2)(B)(ii) resulted in improvement in quality metrics, better health outcomes, and enhanced beneficiary experience. (E) An analysis, for each provider so identified, the extent to which costs to Medicare Advantage plans under part C of title XVIII of the Social Security Act participating in the demonstration program is less than costs to Medicare Advantage plans under such part that are not participating in the demonstration program. (F) Such other matters, as the Secretary considers appropriate. (2) Report The contract or agreement entered into under paragraph (1) shall require such entity to submit to the Secretary a report on the review and assessment conducted by the entity under such paragraph in time for the inclusion of the results of such report in the report required by paragraph (3). (3) Report to Congress Not later than 3 years after the date on which the demonstration program begins under subsection (b)(2), the Secretary shall submit to Congress a report on the review and assessment of the demonstration program conducted under this subsection. The report shall include the following: (A) A description of the results of the review and assessment included in the report submitted pursuant to paragraph (2). (B) Such recommendations as the Secretary considers appropriate for enhancing the utilization of the methodologies applied under the demonstration program to all Medicare Advantage plans under part C of title XVIII of the Social Security Act so as to reduce copayments and coinsurance under such plans paid by Medicare beneficiaries for high-value prescription medications and clinical services for which coverage is provided under such plans and to otherwise improve the quality of health care provided under such plans. (f) Expansion of demonstration program The Secretary shall expand the demonstration program, pursuant to notice and comment rulemaking, to implement, on a permanent basis, the components of the demonstration program that are beneficial to Medicare beneficiaries and the Medicare program, unless the report under subsection (d) or (e)(3) contains an evaluation that the demonstration program— (1) increases expenditures under title XVIII with respect to Medicare beneficiaries participating in the demonstration program; or (2) decreases the quality of health care services furnished to such Medicare beneficiaries participating in the demonstration program. (g) Waiver authority The Secretary may waive such provisions of titles XI and XVIII of the Social Security Act as may be necessary to carry out the demonstration program under this section. (h) Implementation funding For purposes of carrying out the demonstration program under this section, the Secretary shall provide for the transfer from the Federal Hospital Insurance Trust Fund under section 1817 of the Social Security Act ( 42 U.S.C. 1395i ) and the Federal Supplementary Insurance Trust Fund under section 1841 of the Social Security Act ( 42 U.S.C. 1395t ), including the Medicare Prescription Drug Account in such Trust Fund, in such proportion as determined appropriate by the Secretary, of such sums as may be necessary.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5183ih/xml/BILLS-113hr5183ih.xml
|
113-hr-5184
|
I 113th CONGRESS 2d Session H. R. 5184 IN THE HOUSE OF REPRESENTATIVES July 24, 2014 Mr. Scalise (for himself and Mr. Collins of Georgia ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committees on the Judiciary , Ways and Means , Rules , and Appropriations , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish a National Regulatory Budget, and for other purposes.
1. Short title This Act may be cited as the National Regulatory Budget Act of 2014 . 2. Establishment of the Office of Regulatory Analysis (a) In general Part I of title 5, United States Code, is amended by inserting after chapter 6 the following: 6A National Regulatory Budget and Office of Regulatory Analysis Sec. 651. Definitions. 652. Office of Regulatory Analysis; establishment; powers. 653. Functions of Office of Regulatory Analysis; Executive branch agency compliance. 654. Public disclosure of estimate methodology and data; privacy. 655. National Regulatory Budget; timeline. 656. Executive branch agency cooperation mandatory; information sharing. 657. Enforcement. 658. Regulatory Analysis Advisory Board. 651. Definitions In this chapter: (1) Aggregate costs The term aggregate costs , with respect to a covered Federal rule, means the sum of— (A) the direct costs of the covered Federal rule; and (B) the regulatory costs of the covered Federal rule. (2) Covered Federal rule The term covered Federal rule means— (A) a rule (as defined in section 551); (B) an information collection requirement given a control number by the Office of Management and Budget; or (C) guidance or a directive that— (i) is not described in subparagraph (A) or (B); (ii) (I) is mandatory in its application to regulated entities; or (II) represents a statement of agency position that regulated entities would reasonably construe as reflecting the enforcement or litigation position of the agency; and (iii) imposes not less than $25,000,000 in annual costs on regulated entities. (3) Direct costs The term direct costs means— (A) expenditures made by an Executive branch agency that relate to the promulgation, administration, or enforcement of a covered Federal rule; or (B) costs incurred by an Executive branch agency, a Government corporation, the United States Postal Service, or any other instrumentality of the Federal Government because of a covered Federal rule. (4) Director The term Director means the Director of the Office of Regulatory Analysis established under section 652(b). (5) Executive branch agency The term Executive branch agency means— (A) an Executive department (as defined in section 101); and (B) an independent establishment (as defined in section 104). (6) Regulated entity The term regulated entity means— (A) a for-profit private sector entity (including an individual who is in business as a sole proprietor); (B) a not-for-profit private sector entity; or (C) a State or local government. (7) Regulatory costs The term regulatory costs means all costs incurred by a regulated entity because of covered Federal rules. 652. Office of Regulatory Analysis; establishment; powers (a) Establishment There is established in the executive branch an independent establishment to be known as the Office of Regulatory Analysis . (b) Director (1) Establishment of position There shall be at the head of the Office of Regulatory Analysis a Director, who shall be appointed by the President, by and with the advice and consent of the Senate. (2) Term (A) In general The term of office of the Director shall— (i) be 4 years; and (ii) expire on the last day of February following each Presidential election. (B) Appointments prior to expiration of term Subject to subparagraph (C), an individual appointed as Director to fill a vacancy prior to the expiration of a term shall serve only for the unexpired portion of the term. (C) Service until appointment of successor An individual serving as Director at the expiration of a term may continue to serve until a successor is appointed. (3) Powers (A) Appointment of Deputy Directors, officers, and employees (i) In general The Director may appoint Deputy Directors, officers, and employees, including attorneys, in accordance with chapter 51 and subchapter III of chapter 53. (ii) Term of Deputy Directors A Deputy Director shall serve until the expiration of the term of office of the Director who appointed the Deputy Director (and until a successor to that Director is appointed), unless sooner removed by the Director. (B) Contracting (i) In general The Director may contract for financial and administrative services (including those related to budget and accounting, financial reporting, personnel, and procurement) with the General Services Administration, or such other Federal agency as the Director determines appropriate, for which payment shall be made in advance, or by reimbursement, from funds of the Office of Regulatory Analysis in such amounts as may be agreed upon by the Director and the head of the Federal agency providing the services. (ii) Subject to appropriations Contract authority under clause (i) shall be effective for any fiscal year only to the extent that appropriations are available for that purpose. 653. Functions of Office of Regulatory Analysis; Executive branch agency compliance (a) Annual report required (1) In general Not later than January 30 of each year, the Director shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Small Business and Entrepreneurship of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Committee on Small Business of the House of Representatives a report on national regulatory costs (referred to in this section as the Report ) that includes the information specified under paragraph (2). (2) Contents Each Report shall include the following: (A) An estimate, for the fiscal year during which the Report is submitted and for the preceding fiscal year, of each of the following: (i) The regulatory costs imposed by each Executive branch agency on regulated entities. (ii) The aggregate costs imposed by each Executive branch agency. (iii) The aggregate costs imposed by all Executive branch agencies combined. (iv) The direct costs incurred by the Federal Government because of covered Federal rules issued by each Executive branch agency. (v) The sum of the costs described in clauses (iii) and (iv). (vi) The regulatory costs imposed by each Executive branch agency on small businesses, small organizations, and small governmental jurisdictions (as those terms are defined in section 601). (vii) The sum of the costs described in clause (vi). (B) An analysis of any major changes in estimation methodology used by the Office of Regulatory Analysis since the previous annual report. (C) An analysis of any major estimate changes caused by improved or inadequate data since the previous annual report. (D) Recommendations, both general and specific, regarding the following: (i) How regulations may be streamlined, simplified, and modernized. (ii) Regulations that should be repealed. (iii) How the Federal Government may reduce the costs of regulations without diminishing the effectiveness of regulations. (E) Any other information that the Director determines may be of assistance to Congress in determining the National Regulatory Budget required under section 655. (b) Regulatory analysis of new rules (1) Requirement The Director shall publish in the Federal Register and on the website of the Office of Regulatory Analysis a regulatory analysis of each proposed covered Federal rule issued by an Executive branch agency, and each proposed withdrawal or modification of a covered Federal rule by an Executive branch agency, that— (A) imposes costs on a regulated entity; or (B) reduces costs imposed on a regulated entity. (2) Contents Each regulatory analysis published under paragraph (1) shall include— (A) an estimate of the change in regulatory cost of each proposed covered Federal rule (or proposed withdrawal or modification of a covered Federal rule); and (B) any other information or recommendation that the Director may choose to provide. (3) Timing of regulatory analysis (A) Initial regulatory analysis Not later than 60 days after the date on which the Director receives a copy of a proposed covered Federal rule from the head of an Executive branch agency under paragraph (4), the Director shall publish an initial regulatory analysis. (B) Revised regulatory analysis The Director may publish a revised regulatory analysis at any time. (4) Notice to Director of proposed covered Federal rule The head of an Executive branch agency shall provide a copy of each proposed covered Federal rule to the Director in a manner prescribed by the Director. (c) Effective dates (1) In general Except as provided in paragraph (2), a covered Federal rule may not take effect earlier than 75 days after the date on which the head of the Executive branch agency proposing the covered Federal rule submits a copy of the proposed covered Federal rule to the Director in the manner prescribed by the Director under subsection (b)(4). (2) Exception If the head of the Executive branch agency proposing a covered Federal rule determines that the public health or safety or national security requires that the covered Federal rule be promulgated earlier than the date specified under paragraph (1), the head of the Executive branch agency may promulgate the covered Federal rule without regard to paragraph (1). 654. Public disclosure of estimate methodology and data; privacy (a) Privacy The Director shall comply with all relevant privacy laws, including— (1) the Confidential Information Protection and Statistical Efficiency Act of 2002 (44 U.S.C. 3501 note); (2) section 9 of title 13; and (3) section 6103 of the Internal Revenue Code of 1986. (b) Disclosure (1) In general To the maximum extent permitted by law, the Director shall disclose, by publication in the Federal Register and on the website of the Office of Regulatory Analysis, the methodology and data used to generate the estimates in the report on national regulatory costs required pursuant to section 653. (2) Goal of disclosure In disclosing the methodology and data under paragraph (1), the Director shall seek to provide sufficient information so that outside researchers may replicate the results contained in the report on national regulatory costs. 655. National Regulatory Budget; timeline (a) Definition In this section: (1) Annual agency regulatory cost cap The term annual agency regulatory cost cap means the maximum amount of regulatory costs that an Executive branch agency may impose in a fiscal year. (2) Annual overall regulatory cost cap The term annual overall regulatory cost cap means the maximum amount of regulatory costs that all Executive branch agencies combined may impose in a fiscal year. (3) National regulatory budget The term National Regulatory Budget means an Act of Congress that establishes, for a fiscal year— (A) the annual overall regulatory cost cap; and (B) an annual agency regulatory cost cap for each Executive branch agency. (b) Committee deadlines (1) Referral Not later than March 31 of each year— (A) the Committee on Small Business and Entrepreneurship of the Senate shall refer to the Committee on Homeland Security and Governmental Affairs of the Senate a bill that sets forth a National Regulatory Budget for the fiscal year beginning on October 1 of that year; and (B) the Committee on Small Business of the House of Representatives shall refer to the Committee on Oversight and Government Reform of the House of Representatives a bill that sets forth a National Regulatory Budget for the fiscal year beginning on October 1 of that year. (2) Reporting Not later than May 31 of each year— (A) the Committee on Homeland Security and Governmental Affairs of the Senate shall report a bill establishing a National Regulatory Budget for the fiscal year beginning on October 1 of that year; and (B) the Committee on Oversight and Government Reform of the House of Representatives shall report a bill establishing a National Regulatory Budget for the fiscal year beginning on October 1 of that year. (c) Passage Not later than July 31 of each year, the House of Representatives and the Senate shall each pass a bill establishing a National Regulatory Budget for the fiscal year beginning on October 1 of that year. (d) Presentment Not later than September 15 of each year, Congress shall pass and present to the President a National Regulatory Budget for the fiscal year beginning on October 1 of that year. (e) Default budget (1) In general If a National Regulatory Budget is not enacted with respect to a fiscal year, the most recently enacted National Regulatory Budget shall apply to that fiscal year. (2) Default initial budget (A) Calculation If a National Regulatory Budget is not enacted with respect to a fiscal year, and no National Regulatory Budget has previously been enacted— (i) the annual agency regulatory cost cap for an Executive branch agency for the fiscal year shall be equal to the amount of regulatory costs imposed by that Executive branch agency on regulated entities during the preceding fiscal year, as estimated by the Director in the annual report submitted to Congress under section 653(a); and (ii) the annual overall regulatory cost cap for the fiscal year shall be equal to the sum of the amounts described in clause (i). (B) Effect For purposes of section 657, an annual agency regulatory cost cap described in subparagraph (A) that applies to a fiscal year shall have the same effect as if the annual agency regulatory cost cap were part of a National Regulatory Budget applicable to that fiscal year. (f) Initial budget The first National Regulatory Budget shall be with respect to fiscal year 2016. 656. Executive branch agency cooperation mandatory; information sharing (a) Executive branch agency cooperation mandatory Not later than 45 days after the date on which the Director requests any information from an Executive branch agency, the Executive branch agency shall provide the Director with the information. (b) Memoranda of understanding regarding confidentiality (1) In general An Executive branch agency may require the Director to enter into a memorandum of understanding regarding the confidentiality of information provided by the Executive branch agency to the Director under subsection (a) as a condition precedent to providing any requested information. (2) Degree of confidentiality or data protection An Executive branch agency may not require a greater degree of confidentiality or data protection from the Director in a memorandum of understanding entered into under paragraph (1) than the Executive branch agency itself must adhere to. (3) Scope A memorandum of understanding entered into by the Director and an Executive branch agency under paragraph (1) shall— (A) be general in scope; and (B) govern all pending and future requests made to the Executive branch agency by the Director. (c) Sanctions for non-Cooperation (1) In general Any discretionary appropriations made available to an Executive branch agency for a fiscal year shall be reduced pursuant to paragraph (2) if, during that fiscal year, the Director finds that— (A) the Executive branch agency has failed to timely provide information that the Director requested under subsection (a); (B) the Director has provided notice of the failure described in subparagraph (A) to the Executive branch agency; (C) the Executive branch agency has failed to cure the failure described in subparagraph (A) within 30 days of being notified under subparagraph (B); and (D) the information that the Director requested under subsection (a)— (i) is in the possession of the Executive branch agency; or (ii) may reasonably be developed by the Executive branch agency. (2) Rescission Subject to paragraph (3), on the date that the Director of the Office of Management and Budget, in consultation with the Office of Federal Financial Management and Financial Management Service, makes a finding under paragraph (1) that an Executive branch agency is non-cooperative, there is rescinded one-half of 1 percent of the unobligated discretionary appropriations available to such agency. (3) Appeals (A) In general The Director of the Office of Management and Budget may reduce the amount of the rescission under paragraph (2), or except as provided in subparagraph (B), waive, a sanction imposed under paragraph (1) if the Director finds that— (i) the sanction is unwarranted; (ii) the sanction is disproportionate to the gravity of the failure; (iii) the failure has been cured; or (iv) providing the requested information would adversely affect national security. (B) No waiver for historically non-compliant agencies The Director of the Office of Management and Budget may not waive a sanction imposed on an Executive branch agency under paragraphs (1) and (2) if the Executive branch agency has a history of non-compliance with requests for information by the Director of the Office of Regulatory Analysis under subsection (a). (d) National security The Director may not require an Executive branch agency to provide information under subsection (a) that would adversely affect national security. 657. Enforcement (a) Exceeding annual agency regulatory cost cap An Executive branch agency that exceeds the annual agency regulatory cost cap imposed by the National Regulatory Budget for a fiscal year may not promulgate a new covered Federal rule that increases regulatory costs until the Executive branch agency no longer exceeds the annual agency regulatory cost cap imposed by the applicable National Regulatory Budget. (b) Determination of Director (1) In general An Executive branch agency may not promulgate a covered Federal rule unless the Director determines, in conducting the regulatory analysis of the covered Federal rule under section 653(b)(3)(A) that, after the Executive branch agency promulgates the covered Federal rule, the Executive branch agency will not exceed the annual agency regulatory cost cap for that Executive branch agency. (2) Timing The Director shall make a determination under paragraph (1) with respect to a proposed covered Federal rule not later than 60 days after the Director receives a copy of the proposed covered Federal rule under section 653(b)(4). (c) Effect of violation of this section (1) No force or effect A covered Federal rule that is promulgated in violation of this section shall have no force or effect. (2) Judicial Enforcement Any party may bring an action in a district court of the United States to declare that a covered Federal rule has no force or effect because the covered Federal rule was promulgated in violation of this section. 658. Regulatory Analysis Advisory Board (a) Establishment of Board In accordance with the Federal Advisory Committee Act (5 U.S.C. App.), the Director shall— (1) establish a Regulatory Analysis Advisory Board; and (2) appoint not fewer than 9 and not more than 15 individuals as members of the Regulatory Analysis Advisory Board. (b) Qualifications The Director shall appoint individuals with technical and practical expertise in economics, law, accounting, science, management, and other areas that will aid the Director in preparing the annual report on national regulatory costs required under section 653. . (b) Technical and conforming amendments (1) Table of chapters The table of chapters for part I of title 5, United States Code, is amended by inserting after the item relating to chapter 6 the following: 6A. National Regulatory Budget and Office of Regulatory Analysis 651 . (2) Internal Revenue Code of 1986 Section 6103(j) of the Internal Revenue Code of 1986 is amended by adding at the end the following: (7) Office of Regulatory Analysis Upon written request by the Director of the Office of Regulatory Analysis established under section 652 of title 5, United States Code, the Secretary shall furnish to officers and employees of the Office of Regulatory Analysis return information for the purpose of, but only to the extent necessary for, an analysis of regulatory costs. . 3. Report on duplicative personnel; report on regulatory analysis (a) Report on duplicative personnel Not later than December 31, 2014, the Director shall submit to Congress a report determining positions in the Federal Government that are— (1) duplicative of the work performed by the Office of Regulatory Analysis established under section 652 of title 5, United States Code; or (2) otherwise rendered cost ineffective by the work of the Office of Regulatory Analysis. (b) Report on regulatory analysis (1) Report required Not later than June 30, 2015, the Director shall provide to Congress a report analyzing the practice with respect to, and the effectiveness of— (A) chapter 6 of title 5, United States Code (commonly known as the Regulatory Flexibility Act ); (B) the Small Business Regulatory Enforcement Fairness Act of 1996 ( 5 U.S.C. 601 note); (C) chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ); (D) each Executive order that mandates economic analysis of Federal regulations; and (E) Office of Management and Budget circulars, directives, and memoranda that mandate the economic analysis of Federal regulation. (2) Recommendations The report under paragraph (1) shall include recommendations about how Federal regulatory analysis may be improved. 4. Administrative procedure (a) Definition of rule Section 551(4) of title 5, United States Code, is amended by inserting after requirements of an agency the following: , whether or not the agency statement amends the Code of Federal Regulations and including, without limitation, a statement described by the agency as a regulation, rule, directive, or guidance, . (b) Notice of proposed rulemaking Section 553(b) of title 5, United States Code, is amended, following the flush text, in subparagraph (A) by striking interpretative rules, general statements of policy, or .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5184ih/xml/BILLS-113hr5184ih.xml
|
113-hr-5185
|
I 113th CONGRESS 2d Session H. R. 5185 IN THE HOUSE OF REPRESENTATIVES July 24, 2014 Ms. Wasserman Schultz (for herself and Mrs. Ellmers ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To reauthorize the Young Women’s Breast Health Education and Awareness Requires Learning Young Act of 2009.
1. Short title This Act may be cited as the EARLY Act Reauthorization of 2014 . 2. Reauthorization of the Young Women’s Breast Health Education and Awareness Requires Learning Young Act of 2009 Section 399NN(h) of the Public Health Service Act ( 42 U.S.C. 280m(h) ) is amended by striking 2010 through 2014 and inserting 2015 through 2019 .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5185ih/xml/BILLS-113hr5185ih.xml
|
113-hr-5186
|
I 113th CONGRESS 2d Session H. R. 5186 IN THE HOUSE OF REPRESENTATIVES July 24, 2014 Mr. Stivers (for himself, Mr. George Miller of California , and Mr. Al Green of Texas ) introduced the following bill; which was referred to the Committee on Financial Services , and in addition to the Committee on Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the definition of homeless person under the McKinney-Vento Homeless Assistance Act to include certain homeless children and youth, and for other purposes.
1. Short title This Act may be cited as the Homeless Children and Youth Act of 2014 . 2. Amendments to the McKinney-Vento Homeless Assistance Act The McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11301 et seq. ) is amended— (1) in section 103— (A) in subsection (a)— (i) in paragraph (5)(A)— (I) by striking are sharing and all that follows through charitable organizations, ; (II) by striking 14 days each place that term appears and inserting 30 days ; (III) in clause (i), by inserting or after the semicolon; (IV) by striking clause (ii); and (V) by redesignating clause (iii) as clause (ii); and (ii) by amending paragraph (6) to read as follows: (6) unaccompanied youth and homeless families with children and youth defined as homeless under other Federal statutes who— (A) are certified as homeless by the director or designee of a director of a program funded under any other Federal statute; or (B) have been certified by a director or designee of a director of a program funded under this Act or a director or designee of a director of a public housing agency as lacking a fixed, regular, and adequate nighttime residence, which shall include— (i) temporarily sharing the housing of another person due to loss of housing, economic hardship, or other similar reason; or (ii) living in a room in a motel or hotel. ; and (B) by adding at the end the following: (f) Other definitions In this section— (1) the term other Federal statute has the meaning given that term in section 401; and (2) the term public housing agency means an agency described in section 3(b)(6) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(6)). ; (2) in section 401— (A) in paragraph (1)(C)— (i) by striking clause (iv); and (ii) by redesignating clauses (v), (vi), and (vii) as clauses (iv), (v), and (vi); (B) in paragraph (7)— (i) by striking Federal statute other than this subtitle and inserting other Federal statute ; and (ii) by inserting of before this Act ; (C) by redesignating paragraphs (14) through (33) as paragraphs (15) through (34), respectively; and (D) by adding after paragraph (13) the following: (14) Other Federal statute The term other Federal statute includes— (A) the Runaway and Homeless Youth Act ( 42 U.S.C. 5701 et seq. ); (B) the Head Start Act ( 42 U.S.C. 9831 et seq. ); (C) subtitle N of the Violence Against Women Act of 1994 ( 42 U.S.C. 14043e et seq. ); (D) section 330(h) of the Public Health Service Act ( 42 U.S.C. 254b(h) ); (E) section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 ); (F) the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ); and (G) subtitle B of title VII of this Act. ; (3) by inserting after section 408 the following: 409. Public report on HMIS data The Secretary shall aggregate and publicly report information provided to the Secretary pursuant to section 402(f)(3) and shall ensure that any public report does not contain personally identifiable information. ; (4) in section 422— (A) in subsection (a)— (i) by striking The Secretary and inserting the following: (1) In general The Secretary ; and (ii) by adding at the end the following: (2) Restriction In awarding grants under paragraph (1), the Secretary may not consider or prioritize the specific homeless populations intended to be served by the applicant if the applicant demonstrates that the project— (A) would meet the priorities identified in the plan submitted under section 427(b)(1)(B); and (B) is cost-effective in meeting the overall goals and objectives identified in that plan. ; and (B) by striking subsection (j); (5) in section 424(d), by striking paragraph (5); (6) in section 427(b)— (A) in paragraph (1)— (i) in subparagraph (A)— (I) in clause (vi), by adding and at the end; (II) in clause (vii), by striking and at the end; and (III) by striking clause (viii); (ii) in subparagraph (B)— (I) in clause (iii), by adding and at the end; (II) in clause (iv)(VI), by striking and at the end; and (III) by striking clause (v); (iii) in subparagraph (E), by adding and at the end; (iv) by striking subparagraph (F); and (v) by redesignating subparagraph (G) as subparagraph (F); and (B) by striking paragraph (3); and (7) by amending section 433 to read as follows: 433. Reports to Congress (a) In general The Secretary shall submit to Congress an annual report, which shall— (1) summarize the activities carried out under this subtitle and set forth the findings, conclusions, and recommendations of the Secretary as a result of the activities; and (2) include, for the year preceding the date on which the report is submitted— (A) data required to be made publically available in the report submitted under section 409; and (B) data on programs funded under any other Federal statute, as such term is defined in section 401. (b) Timing A report under subsection (a) shall be submitted not later than 4 months after the end of each fiscal year. .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5186ih/xml/BILLS-113hr5186ih.xml
|
113-hr-5187
|
I 113th CONGRESS 2d Session H. R. 5187 IN THE HOUSE OF REPRESENTATIVES July 24, 2014 Mr. Cartwright introduced the following bill; which was referred to the Committee on the Judiciary A BILL To clarify the meaning of the term prevailing party with regard to the recovery of attorneys’ fees.
1. Short title This Act may be cited as the Catalyst Theory Restoration Act of 2014 . 2. In general (a) meaning of prevailing party In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various departments and agencies of the United States, or of any judicial or administrative rule, which provides for recovery of attorneys' fees, the term prevailing party shall include a party whose pursuit of a nonfrivolous claim or defense was a catalyst for a voluntary or unilateral change in position by the opposing party that provides any significant part of the relief sought. (b) Rule of construction This section shall not alter special eligibility criteria established for prevailing defendants nor alter any specific eligibility criteria contained in any statute that expressly limits or qualifies who may be considered a prevailing party for purposes of that statute.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5187ih/xml/BILLS-113hr5187ih.xml
|
113-hr-5188
|
I 113th CONGRESS 2d Session H. R. 5188 IN THE HOUSE OF REPRESENTATIVES July 24, 2014 Mr. Carney 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 require the Bureau of Consumer Financial Protection to develop a model form for a disclosure notice that shall be used by depository institutions and credit unions, and for other purposes.
1. Findings Congress finds that: (1) Depository institutions and credit unions have an obligation to provide consumers with policy and fee information in a concise and easy to understand format. (2) Because the length of disclosure forms ranges from 21 to 153 pages for depository institutions and 9 to 53 pages for credit unions, consumers have a difficult time understanding how much they are paying for their checking accounts and other financial products. Consumers should be able to compare account terms and conditions among depository institutions and credit unions. (3) A simplified, standardized disclosure form would reduce consumer confusion and make it easier for institutions to compete on price and quality of financial products. 2. Model disclosures for depository institutions and credit unions Section 1032 of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5532 ) is amended by adding at the end the following new subsection: (g) Model disclosures for depository institutions and credit unions (1) In general The Bureau, by rule, shall develop a model form for a disclosure notice that shall be used by depository institutions and credit unions for provision of disclosures to be given to a consumer before that consumer opens a checking account. (2) Stakeholder input Prior to issuing a rule pursuant to paragraph (1), the Bureau shall solicit input from representatives of depository institutions and credit unions, non-profit consumer protection entities, and organizations that represent the interests of depository institutions and credit unions. (3) Requirements A model form developed pursuant to paragraph (1) shall— (A) comply with the format requirements of subsection (b)(2); (B) when practicable, be made available on the website of the depository institution or credit union; and (C) include disclosures relating to— (i) opening a checking account and use of such account; (ii) consequences of overdraft on such account, including any fees related to overdraft; (iii) processing policies of the depository institution or credit union; and (iv) procedures for resolving a dispute between the consumer and the depository institution or credit union. (4) Exemption for certain banks Any depository institution or credit union with total assets of less than $2,000,000,000 shall be exempt from the requirements of this subsection. .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5188ih/xml/BILLS-113hr5188ih.xml
|
113-hr-5189
|
I 113th CONGRESS 2d Session H. R. 5189 IN THE HOUSE OF REPRESENTATIVES July 24, 2014 Ms. Eddie Bernice Johnson of Texas (for herself and Mr. Hall ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To ensure consideration of water intensity in the Department of Energy’s energy research, development, and demonstration programs to help guarantee efficient, reliable, and sustainable delivery of energy and clean water resources.
1. Short title This Act may be cited as the Energy and Water Research Integration Act of 2014 . 2. Integrating energy and water research (a) In general The Secretary of Energy shall integrate water considerations into energy research, development, and demonstration programs and projects of the Department of Energy by— (1) advancing energy and energy efficiency technologies and practices that meet the objectives of— (A) minimizing freshwater withdrawal and consumption; (B) increasing water use efficiency; and (C) utilizing nontraditional water sources with efforts to improve the quality of the water from those sources; (2) considering the effects climate variability may have on water supplies and quality for energy generation and fuel production; and (3) improving understanding of the energy-water nexus. (b) Strategic plan (1) In general Not later than 12 months after the date of enactment of this Act, the Secretary shall develop a strategic plan identifying the research, development, and demonstration needs for Department programs and projects to carry out subsection (a). The strategic plan shall include technical milestones for achieving and assessing progress toward the objectives of subsection (a)(1). (2) Specific considerations In developing the strategic plan, the Secretary shall consider— (A) new advanced cooling technologies for energy generation and fuel production technologies; (B) performance improvement of existing cooling technologies and cost reductions associated with using those technologies; (C) innovative water reuse, recovery, and treatment technologies in energy generation and fuel production; (D) technology development for carbon capture and storage systems that utilize efficient water use design strategies; (E) technologies that are life-cycle cost effective; (F) systems analysis and modeling of issues relating to the energy-water nexus; (G) technologies to treat and utilize wastewater and produced waters discharged from oil, natural gas, coalbed methane, and any other substance to be used as an energy source; (H) advanced materials for the use of nontraditional water sources for energy generation and fuel production; (I) biomass production and utilization and the impact on hydrologic systems; (J) technologies that reduce impacts on water from energy resource development; (K) energy efficient technologies for water distribution, treatment, and collection systems; (L) technologies for energy generation from water distribution, treatment, and collection systems; and (M) any other area of the energy-water nexus that the Secretary considers appropriate. (3) Collaboration and nonduplication In developing the strategic plan, the Secretary shall coordinate and avoid duplication— (A) with other Federal agencies operating related programs, if appropriate; and (B) across programs and projects of the Department, including with those of the National Laboratories. (4) Relevant information and recommendations In developing the strategic plan, the Secretary shall consider and incorporate, as appropriate, relevant information and recommendations, including those of the National Water Availability and Use Assessment Program under section 9508(d) of the Omnibus Public Land Management Act of 2009 ( 42 U.S.C. 10368(d) ). (5) Additional participation In developing the strategic plan, the Secretary shall consult and coordinate with a diverse group of representatives from research and academic institutions, industry, and State and local governments who have expertise in technologies and practices relating to the energy-water nexus. (6) Submission to Congress Not later than 15 months after the date of enactment of this Act, the Secretary shall submit to Congress the strategic plan. (7) Updating the strategic plan Not later than 3 years after the date of enactment of this Act, and at least once every 5 years thereafter, the Secretary shall— (A) utilize relevant information produced by Federal Government agencies, academia, States, and industry to update the strategic plan; (B) include in the updated strategic plan a description of the changes from the previous strategic plan and the rationale for such changes; and (C) submit the updated strategic plan to Congress. (c) Progress reports Not less frequently than once every 2 years, the Secretary shall transmit to Congress a report on the progress the Department has made toward the milestones outlined in the strategic plan. (d) Additional activities The Secretary may provide for such additional research, development, and demonstration activities as appropriate to integrate water considerations into the research, development, and demonstration activities of the Department as described in subsection (a). 3. Energy-water oversight and coordination (a) In general The Secretary, in coordination with other relevant Federal agencies, shall establish an Energy-Water Subcommittee of the Energy Advisory Board to promote and enable improved energy and water resource data collection, reporting, and technological innovation. The Subcommittee shall consist of— (1) representation from each program within the Department and each Federal agency that conducts research related to the energy-water nexus; and (2) non-Federal members, including representatives of research and academic institutions, States, and industry, who have expertise in technologies and practices relating to the energy-water nexus. (b) Functions The Subcommittee shall— (1) make recommendations on the development and integration of data collection and data communication standards and protocols to agencies and entities currently engaged in collecting the data for the energy-water nexus; (2) recommend ways to make improvements to Federal water use data to increase understanding of trends in energy generation and fuel production; (3) recommend best practices for utilizing information from existing monitoring networks to provide nationally uniform water and energy use and infrastructure data; and (4) conduct annual technical workshops, including at least 1 regional workshop annually, to facilitate information exchange among Federal, regional, State, local, and tribal governments and private sector experts on technologies that encourage the conservation and efficient use of water and energy. (c) Reports Not later than 1 year after the date of enactment of this Act, and at least once every 2 years thereafter, the Subcommittee, through the Secretary, shall transmit to Congress a report on its findings and activities under this section. 4. Mandates Nothing in this Act shall be construed to require State, tribal, or local governments to take any action that may result in an increased financial burden to such governments by restricting the use of water by such governments. 5. Coordination and nonduplication To the maximum extent practicable, the Secretary shall coordinate activities under this Act with other programs of the Department and other Federal research programs. 6. Definitions In this Act: (1) Department The term Department means the Department of Energy. (2) Energy-water nexus The term energy-water nexus means the energy required to provide reliable water supplies and the water required to provide reliable energy supplies throughout the United States. (3) Secretary The term Secretary means the Secretary of Energy. (4) Subcommittee The term Subcommittee means the Energy-Water Subcommittee of the Energy Advisory Board established under section 3(a).
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5189ih/xml/BILLS-113hr5189ih.xml
|
113-hr-5190
|
I 113th CONGRESS 2d Session H. R. 5190 IN THE HOUSE OF REPRESENTATIVES July 24, 2014 Mr. Gerlach (for himself, Ms. Kaptur , Mr. Levin , Ms. Slaughter , Mr. Joyce , Mr. Tiberi , Mr. Renacci , Mr. Pascrell , Mr. Marino , Mr. Stivers , and Mr. Fitzpatrick ) introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committees on Armed Services and Select 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 authorize assistance for Ukraine, and for other purposes.
1. Short title This Act may be cited as the Ukraine Security Assistance Act of 2014 . 2. Security assistance for Ukraine (a) In general Notwithstanding any other provision of law limiting the assistance to be provided under this section, beginning on the date following the date of completion of the assessment required by subsection (b), the President is authorized to provide to the Government of Ukraine upon that Government's request, as appropriate and in a manner consistent with the capabilities and needs of the armed forces of Ukraine identified in such assessment, the following defense articles, services, and training: (1) Weapons and ammunition, as identified in such assessment. (2) Night navigation equipment. (3) Mine Resistant Ambush Protected vehicles. (4) High Mobility Multipurpose Wheeled Vehicles. (5) Inflatable boats. (6) Body armor. (7) Fire control, range finder, optical and guidance and control equipment. (8) Explosive disposal and improvised explosive device detection equipment. (9) Mine detection equipment. (10) Chemical, biological, radiation, and nuclear detection, testing, and protection equipment. (11) Communications, logistic, combat support, medical equipment, rations, specialized equipment, and other defense articles, services, and training requested by the Government of Ukraine that the President determines to be appropriate. (b) Required assessment No later than 15 days after the date of the enactment of this Act, the Secretary of Defense shall conduct an assessment, or complete any ongoing assessment, of the capabilities and needs of the armed forces of Ukraine and shall ensure that it includes— (1) an assessment of the releasability of the equipment set forth in subsection (a), equipment requested by the Government of Ukraine, or equipment that may foreseeably be requested based on the current state of the armed forces of Ukraine; and (2) an assessment of the need for, appropriateness of, and force protection concerns of any United States military advisors to be made available to the armed forces of Ukraine. (c) Authorization of appropriations There is authorized to be appropriated to the Secretary of State $100,000,000 for fiscal year 2015 to carry out the activities set forth in subsection (a). (d) Authority for use of funds The funds made available pursuant to subsection (c) for the provision of defense articles, services, and training may be used to procure such assistance from the United States Government or other appropriate sources. (e) Provision of assessment to Congress Not later than 7 days following the completion of the assessment required by subsection (b), the President shall provide such assessment to the appropriate congressional committees. 3. Sense of Congress on intelligence sharing with Ukraine It is the sense of Congress that the President, subject to the discretion of the President so as to protect sources and methods of intelligence collection and to protect the capabilities of the intelligence community and the United States Armed Forces, should— (1) provide the Government of Ukraine with appropriate intelligence and other information to assist the Government of Ukraine— (A) to determine the location, strength, and capabilities of the military and intelligence forces of the Russian Federation located on the eastern border of Ukraine and within the territorial borders of Ukraine, including Crimea; and (B) to respond effectively to further aggression by military and intelligence forces of the Russian Federation; (2) take steps to ensure that such intelligence information is fully and appropriately protected from further disclosure, including limiting, as appropriate, the provision and nature of such intelligence information; (3) provide, within 7 days of provision of intelligence information to the Government of Ukraine, a report to the appropriate congressional committees detailing the disclosure; and (4) provide, within 7 days of receipt of a request for intelligence information from the Government of Ukraine, a report to the appropriate congressional committees detailing the request. 4. Major non-NATO ally status for Ukraine (a) In general During the period in which Ukraine meets the criteria set forth in subsection (b), notwithstanding any other provision of law, for purposes of the transfer or possible transfer of defense articles or defense services under the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ), the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ), or any other provision of law, Ukraine shall be treated as though it were designated a major non-NATO ally (as defined in section 644(q) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2403(q) )). (b) Criteria for treatment as a major non-NATO ally In order to be treated as a major non-NATO ally pursuant to subsection (a), Ukraine must— (1) have a democratically elected government that came to power pursuant to free and fair elections; (2) cooperate fully with the United States on matters of mutual security concern, including counterterrorism matters; and (3) respect the political and legal rights of its citizens, including maintaining the right of its citizens to democratically elect their government. (c) Report Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the President shall provide to the appropriate congressional committees a report assessing whether Ukraine should continue to be treated, for purposes of the transfer or possible transfer of defense articles or defense services, as a major non-NATO ally and whether the treatment should be expanded or reduced. 5. Expanded security force training, assistance and defense cooperation with Ukraine (a) Expanded training and assistance The President shall take steps, consistent with the President's responsibility as Commander in Chief, to substantially increase, within one year after the date of the enactment of this Act— (1) the military-to-military interactions of United States Armed Forces with the armed forces of Ukraine, including specifically utilizing the National Guard State Partnership Program and increasing the current tempo of military exercises and training efforts and exchanges with such armed forces; and (2) United States and NATO security assistance to Ukraine. (b) Bilateral and multilateral defense cooperation agreements Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense, shall seek to enter into negotiations with Ukraine to establish new, or strengthen existing, bilateral and multilateral defense cooperation agreements, including agreements related to cyber defense cooperation. (c) Report Not later than 90 days after the date of the enactment of this Act, and every 180 days thereafter, the President shall submit to the appropriate congressional committees a report detailing the specific efforts being undertaken and planned to be undertaken by the United States Government to implement the increased military-to-military interactions and security assistance required by subsection (a) and to undertake the negotiations required by subsection (c). 6. Definition In this Act, the term appropriate congressional committees means— (1) the Committee on Foreign Relations, the Committee on Appropriations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Appropriations, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5190ih/xml/BILLS-113hr5190ih.xml
|
113-hr-5191
|
I 113th CONGRESS 2d Session H. R. 5191 IN THE HOUSE OF REPRESENTATIVES July 24, 2014 Mr. McNerney introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Higher Education Act of 1965 to provide for an institution of higher education that has previously filed for bankruptcy to apply for the reinstatement of eligibility for purposes of Federal Pell Grants.
1. Short title This Act may be cited as the Pell Grant Accessibility Act . 2. Reinstatement following bankruptcy of institution of higher education for purposes of Federal Pell Grants Section 102(a)(4) of the Higher Education Act of 1965 ( 20 U.S.C. 1002(a)(4) ) is amended— (1) in subparagraph (A), by striking the institution and inserting except as provided in subparagraph (B), the institution ; (2) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and moving the margins 2 ems to the right; (3) by striking Limitations based on management.— An institution shall and inserting the following: Limitations based on management.— (A) In general An institution shall ; and (4) by adding at the end the following new subparagraph: (B) Waiver For purposes of awarding Federal Pell Grants under subpart 1 of part A of title IV, the Secretary may consider an institution described in subparagraph (A)(i) as meeting the definition of an institution of higher education in paragraph (1) if— (i) the institution or affiliate of such institution described in subparagraph (A)(i) filed for bankruptcy not less than 5 years prior to the date on which such institution seeks a waiver under this subparagraph; (ii) the institution described in subparagraph (A)(i) submits to the Secretary such information as the Secretary considers appropriate; and (iii) the Secretary determines that such institution should not be subject to the requirement under subparagraph (A). .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5191ih/xml/BILLS-113hr5191ih.xml
|
113-hr-5192
|
I 113th CONGRESS 2d Session H. R. 5192 IN THE HOUSE OF REPRESENTATIVES July 24, 2014 Mr. Webster of Florida introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for incentives for agencies and the judiciary to increase operating efficiency.
1. Short title This Act may be cited as the To Help Reduce Inefficient Federal Tendencies Act of 2014 or as the THRIFT Act of 2014 . 2. Agency incentive and savings program (a) Purpose In order to provide an incentive for agencies and the judicial branch to re-engineer business processes and otherwise increase operating efficiency, it is the intent of the Congress to allow agencies and the judicial branch to retain a portion of the savings produced by internally generated agency or judicial branch program efficiencies and cost reductions. (b) Retention of funds To be eligible to retain funds, an agency or the Chief Justice of the Supreme Court must submit a plan and an associated request to amend its approved operating budget to the committees of Congress having jurisdiction over appropriations specifying— (1) the modifications to approved programs resulting in efficiencies and cost savings; (2) the amount and source of the funds and positions saved; (3) the specific positions, rate, amounts, and sources of funds the agency or the judicial branch wishes to include in its incentive expenditures; (4) how the agency or the judicial branch will meet the goals and objectives established in its strategic plans; (5) how the agency or the judicial branch will meet performance standards, including those in its performance plans; and (6) any other incentive expenditures which the agency or the judicial branch believes will enhance its performance. (c) Submission to Congress All plans and budget amendments submitted to the committees of Congress having jurisdiction over appropriations pursuant to this section shall be delivered at least 30 days prior to the date of the committee meetings at which the request will be considered. (d) Determination In determining the amount the agency or the judicial branch will be allowed to retain, the committees shall consider the actual savings projected for the current budget year and the annualized savings. (e) Amount of funding retained The amount to be retained by the agency or the judicial branch shall be no less than 5 percent and no more than 25 percent of the annual savings and may be used by the agency or the judicial branch for salary increases, including awards authorized in section 4512 of title 5, United States Code, or other expenditures specified in the agency’s or the judicial branch’s plan if the salary increases or other expenditures do not create a recurring cost to the Treasury in excess of the recurring savings achieved by the agency or the judicial branch in the plan. (f) Submission of budget request Each agency or judicial branch allowed to retain funds pursuant to this section shall submit in its next budget request a schedule showing how it used such funds.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5192ih/xml/BILLS-113hr5192ih.xml
|
113-hr-5193
|
I 113th CONGRESS 2d Session H. R. 5193 IN THE HOUSE OF REPRESENTATIVES July 24, 2014 Mr. Boustany (for himself, Mr. Cassidy , Mr. McAllister , Mr. Scalise , and Mr. Richmond ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To direct the Secretary of Veterans Affairs to conduct outreach to veterans regarding the effect of delayed payments by the Veterans Integrated Service Networks and to direct the Secretary to submit to Congress an annual report regarding such delayed payments.
1. Short title This Act may be cited as the Veterans’ Credit Protection Act . 2. Outreach to veterans regarding effect of delayed payments by Veterans Integrated Service Networks (a) Outreach The Secretary of Veterans Affairs shall conduct outreach, including through national and local veterans service organizations, to inform veterans of how to resolve credit issues caused by a delayed payment. The Secretary shall establish a toll-free telephone number for veterans to report such credit issues to the Veterans Integrated Service Networks. (b) Annual report (1) In general The Secretary of Veterans Affairs shall annually submit to Congress a report on the effectiveness of each Veterans Integrated Service Network in providing timely payment of a proper invoice by the required payment date during both the five-year period preceding the date of the report and the one-year period preceding such date. (2) Matters included The reports under paragraph (1) shall include, for each period covered by the report, the following: (A) The number of veterans who contacted the Secretary regarding a delayed payment that negatively affected, or will potentially negatively affect, the credit of the veteran. (B) The total amount of interest penalties paid by the Secretary of Veterans Affairs under section 3902 of title 31, United States Code, by reason of a delayed payment. (C) The number of proper invoices submitted, listed in a table for each quarter and fiscal year of each such period that includes— (i) the total amount owed by the Secretary under the proper invoices; (ii) the payment status of each proper invoice, as of the date of the report; and (iii) the period that elapsed until each proper invoice was paid, including an explanation of any delayed payment. (D) Any comments regarding delayed payments made by medical providers. (E) An identification of the Veterans Integrated Service Network with the least number of delayed payments and the Veterans Integrated Service Network with the most number of delayed payments. (F) A description of the best practices that a Veterans Integrated Service Network can carry out to provide timely payment of a proper invoice, including a plan for underperforming Veterans Integrated Service Networks to improve such timely payments. (c) Comptroller General study (1) In general The Comptroller General of the United States shall conduct a study that compares the effectiveness of each Veterans Integrated Service Network in providing timely payment of a proper invoice by the required payment date. (2) Submittal The Comptroller General shall submit to Congress a report on the study conducted under paragraph (1), including the total amount of interest penalties paid by the Secretary of Veterans Affairs under section 3902 of title 31, United States Code, by reason of a delayed payment. (d) Definitions In this section: (1) The term delayed payment means a proper invoice that is not paid by the Secretary of Veterans Affairs until after the required payment date. (2) The term proper invoice has the meaning given that term in section 3901(a) of title 31. (3) The term required payment date means the date that payment is due for a contract pursuant to section 3903(a) of title 31.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5193ih/xml/BILLS-113hr5193ih.xml
|
113-hr-5194
|
I 113th CONGRESS 2d Session H. R. 5194 IN THE HOUSE OF REPRESENTATIVES July 24, 2014 Mrs. Bachmann (for herself, Mr. Roskam , Mr. Franks of Arizona , Mrs. Lummis , Mr. Brady of Texas , Mr. Southerland , Mr. Gohmert , and Mr. LaMalfa ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committees on Foreign Affairs and Financial Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To impose sanctions against persons who knowingly provide material support or resources to the Muslim Brotherhood or its affiliates, associated groups, or agents, and for other purposes.
1. Short title This Act may be cited as the Muslim Brotherhood Terrorist Designation Act of 2014 . 2. Sense of Congress on designation of the Muslim brotherhood as a foreign terrorist organization (a) Findings Congress finds the following: (1) The Muslim Brotherhood, Hizb al-Ikhwan al-Muslimin, was founded in Egypt in 1928 by Hassan al-Banna. The organization remains headquartered in Egypt but operates throughout the world. The Muslim Brotherhood’s motto remains to this day what it has been for decades: Allah is our objective. The Prophet is our leader. The Koran is our law. Jihad is our way. Dying in the way of Allah is our highest hope. Allahu-Akbar! [Allah is greater!] . (2) Hassan al-Banna, in a book he called Jihad , instructed members: Jihad is an obligation from Allah on every Muslim and cannot be ignored nor [sic] evaded. Allah has ascribed great importance to jihad and has made the reward of the martyrs and fighters in His way a splendid one. Only those who have acted similarly and who have modeled themselves upon the martyrs in their performance of jihad can join them in this reward. . (3) Hassan al-Banna added that fighting the unbelievers involves all possible efforts that are necessary to dismantle the power of the enemies of Islam including beating them, plundering their wealth, destroying their places of worship, and smashing their idols . (4) Hassan al-Banna also taught that it is the nature of Islam to dominate, not to be dominated , and thus that the mission of Islam, as interpreted and executed by the Muslim Brotherhood, must be to impose its [i.e., Islam’s] law on nations and to extend its power to the entire planet . While al-Banna’s plan for accomplishing this mission was multifaceted, it centrally incorporated training for and the execution of violent jihad—terrorist operations. (5) In the seminal 1969 book on the history of the Muslim Brotherhood, The Society of Muslim Brothers , University of Michigan Professor Richard P. Mitchell explained al-Banna’s teachings on violent jihad: The certainty that jihad had this physical connotation is evidenced by the relationship always implied between it and the possibility, even the necessity, of death and martyrdom. Death, as an important end of jihad, was extolled by al-Banna in a phrase which came to be a famous part of his legacy: [T]he art of death . Death is art . The Koran has commanded people to love death more than life. Unless the philosophy of the Koran on death replaces the love of life which has consumed Muslims, then they will reach naught. Victory can only come with the mastery of the art of death . The movement cannot succeed, al-Banna insists, without this dedicated and unqualified kind of jihad. (6) This philosophy pervaded the Muslim Brotherhood’s prioritization of training for combat. Professor Mitchell observed that it was the tone of the training which gave the Society [i.e., the Muslim Brotherhood] its distinctive qualities , adding: If the Muslim Brothers were more effectively violent than other groups on the Egyptian scene, it was because militancy and martyrdom had been elevated to central virtues in the Society’s ethos. Its literature and speeches were permeated with references identifying it and its purposes in military terms. Al-Banna told members again and again that they were the army of liberation, carrying on your shoulders the message of liberation; you are the battalions of salvation for this nation afflicted by calamity . (7) Al-Banna’s blueprint for revolution anticipated a final stage of execution at which point the battalions the Muslim Brotherhood had trained would conquer … every obstinate tyrant . This violent ideology continued to be part of the Brotherhood’s indoctrination in standard membership texts, such as Sayyid Qutb’s Milestones and Fathi Yakan’s To Be a Muslim . (8) In Muslim Brotherhood organizations and chapters throughout the world, including in the United States, al-Banna’s originating philosophy continues to be taught. (9) In its earliest days, the Egyptian Muslim Brotherhood established a terrorist wing (the secret apparatus ) that conducted bombings and assassinations targeting foreigners and government officials. The assassinations by the Muslim Brotherhood of Judge Ahmed Al-Khazinder Bey in 1947 and Prime Minister Mahmoud Al-Nuqrashi in 1948 prompted the first ban on the organization in Egypt. (10) The United States has previously designated global elements of the Muslim Brotherhood. The terrorist group Hamas, which self-identifies as one of the wings of the Muslim Brotherhood in Palestine, was designated as a foreign terrorist organization by President William J. Clinton on January 23, 1995, by Executive Order 12947, and later under section 219(a) of the Immigration and Nationality Act ( 8 U.S.C. 1189(a) ) by Secretary of State Madeline Albright on October 7, 1997. (11) The Kuwaiti Muslim Brotherhood’s Lajnat al-Daawa al-Islamiya ( Islamic Call Committee ) was designated as a foreign terrorist organization by President George W. Bush on September 23, 2001, by Executive Order 13224 and later under section 219(a) of the Immigration and Nationality Act ( 8 U.S.C. 1189(a) ) by Secretary of State Colin Powell on January 9, 2003. Reasons cited for the designation included Lajnat al-Daawa al-Islamiya being used as a financial conduit for Osama bin Laden and Al-Qaeda, and its funding of terrorist groups in Chechnya and Libya. Both Al-Qaeda operations chief Khalid Sheikh Mohammed and World Trade Center bomber Ramzi Yousef held positions with the organization. (12) Individual Muslim Brotherhood leaders have also been designated on the list of Specially Designated Global Terrorists, as established under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) and initiated under Executive Order 13224 (September 23, 2001), by the United States. On February 2, 2004, the Department of the Treasury designated Shaykh Abd-al-Majid Al-Zindani, a leader of the Yemeni Muslim Brotherhood’s Al-Islah political party. The designation states that al-Zindani has a long history of working with Bin Laden, serving as one of his spiritual leaders, in addition to his activities in support of Al-Qaeda, including recruiting and procuring weapons. Al-Zindani was also identified in a Federal lawsuit as a coordinator of the October 2000 suicide attack targeting the U.S.S. Cole in Aden, Yemen, that killed 17 United States Navy sailors, including personally selecting the two suicide bombers. In September 2012, al-Zindani reportedly called for his supporters to kill United States Marines stationed at the United States Embassy in Sana’a, Yemen. (13) Mohammad Jamal Khalifa, a veteran of the Soviet-Afghan war, senior Muslim Brotherhood leader, and brother-in-law and close confidant of Osama bin Laden was arrested in California in December 1994 on charges related to the 1993 bombing of the World Trade Center. Evidence was found at that time that linked Khalifa to the planned Al-Qaeda Operation Bojinka plot that included the bombing of 11 airplanes between Asia and the United States. He was deported to Jordan in May 1995. Prior to that time he operated an Islamic charity in the Philippines that was accused of funneling money to the Abu Sayyef terrorist group and laundering money for Bin Laden. He was sought again by United States authorities in 2007, and an Interpol bulletin was issued to several United States intelligence agencies. Khalifa was killed four days later in Madagascar. (14) Sami Al-Hajj, an Al-Qaeda member and senior leader of the Muslim Brotherhood’s Shura Council, was imprisoned as a detainee at the Department of Defense facility at Guantanamo Bay, Cuba. He was captured by Pakistani forces near the Afghanistan border in 2001 and transferred to United States custody. He was detained for his work as a money and weapons courier for Al-Qaeda. He reportedly worked directly with Taliban commander Mullah Mohammad Omar to procure weapons, and met with senior Afghan Muslim Brotherhood officials in mid-2001 to discuss the transfer of Stinger missiles from Afghanistan to Chechnya. (15) According to a May 1995 report by the United States House of Representatives Task Force on Terrorism and Unconventional Warfare, a series of conferences hosted by Sudanese Muslim Brotherhood leader Hassan al-Turabi in Khartoum, Sudan during October 1994 and March to April 1995 featured representatives from virtually every Islamic terrorist organization in the world. The conferences included representatives from Iranian intelligence, Hezbollah, Palestinian Islamic Jihad, Egyptian Islamic Jihad, the Algerian AIS and GIA, as well as leaders from the international Muslim Brotherhood, the Muslim Brotherhood in the Gulf Countries, Hamas (the Palestinian Muslim Brotherhood), the Islamic Action Front (Jordanian Muslim Brotherhood), and Ennahdha (the Tunisian Muslim Brotherhood). Osama bin Laden was present at the conferences. The parties agreed to launch a terrorism offensive beginning in 1995, with targets including United States interests and personnel in the Middle East and attacks inside the United States homeland. (16) In December 2002 a multiple vehicle borne improvised explosive device (VBIED) suicide attack targeting a four-story building in Grozny killed 57 people. Russian counterterrorism officials claimed the attack was ordered and coordinated by Chechen warlord Shamil Basayev and Abu Walid, an official with the Muslim Brotherhood. They further claimed that days before the bombing the pair met near Grozny to plan this and other attacks. Russian officials also identified the international Muslim Brotherhood network as financing the Chechen rebels. In 2003, the Russian Supreme Court banned the Muslim Brotherhood, describing it as a terrorist organization. (17) Before the Committee on Banking, Housing, and Urban Affairs of the Senate in October 2003, Richard Clarke, former National Coordinator for Security and Counterterrorism for Presidents William J. Clinton and George W. Bush, testified to the extent that terrorist organizations continued to operate inside the United States and the connection to the Muslim Brotherhood networks: Dating back to the 1980’s, Islamist terrorist networks have developed a sophisticated and diversified financial infrastructure in the United States. In the post September 11th environment, it is now widely known that every major Islamist terrorist organization, from Hamas to Islamic Jihad to Al Qida, has leveraged the financial resources and institutions of the United States to build their capabilities. We face a highly developed enemy in our mission to stop terrorist financing. While the overseas operations of Islamist terrorist organizations are generally segregated and distinct, the opposite holds in the United States. The issue of terrorist financing in the United States is a fundamental example of the shared infrastructure levered by Hamas, Islamic Jihad and Al Qida, all of which enjoy a significant degree of cooperation and coordination within our borders. The common link here is the extremist Muslim Brotherhood—all of these organizations are descendants of the membership and ideology of the Muslim Brothers. . (18) One of the examples cited by Richard Clarke in his testimony before the Committee on Banking, Housing, and Urban Affairs of the Senate was the case of Soliman Biheiri, who ran an investment firm specializing in Islamically-permissible investments, the Secaucus, New Jersey-based BMI Incorporated. BMI Incorporated offered a range of financial services for the Muslim community, and invested in businesses and real estate. According to Federal prosecutors, among the shareholders of BMI Incorporated were Al-Qaeda financier Yassin Al-Qadi and top Hamas leader Mousa Abu Marzook—two Specially Designated Global Terrorists. Both Qadi and Marzook operated separate businesses out of the offices of BMI Incorporated that also did business with BMI Incorporated. Other BMI Incorporated investors included Abdullah bin Laden, nephew of Osama bin laden, and Tarek Swaidan, a Kuwaiti Muslim Brotherhood leader. In a September 2003 detention hearing, Federal prosecutors described Biheiri as the U.S. banker for the Muslim Brotherhood, and stating that the defendant came here as the Muslim Brotherhood’s financial toehold in the U.S. . Biheiri was convicted on Federal immigration charges on October 9, 2003. (19) The fact that the international Muslim Brotherhood engages in terrorism financing inside the United States was attested to by then-FBI Director Robert Mueller, who testified before the Permanent Select Committee on Intelligence of the House of Representatives in February 2011, and responded to a question about the Muslim Brotherhood’s networks and agenda in the United States: I can say at the outset that elements of the Muslim Brotherhood both here and overseas have supported terrorism. To the extent that I can provide information, I would be happy to do so in closed session. But it would be difficult to do in open session. . (20) In the Holy Land Foundation (HLF) prosecutions—the largest terrorism financing trial in United States history—Department of Justice officials successfully argued in court that the international Muslim Brotherhood and its United States affiliates had engaged in a wide-spread conspiracy to raise money and materially support the terrorist group Hamas. HLF officials charged in the case were found guilty on all counts in November 2008, primarily related to millions of dollars that had been transferred to Hamas. During the trial and in court documents, Federal prosecutors implicated a number of prominent United States-Islamic organizations in this conspiracy, including the Islamic Society of North America (ISNA), the North American Islamic Trust (NAIT), and the Council on American-Islamic Relations (CAIR). These groups and their leaders, among others, were named as unindicted co-conspirators in the case. The Department of Justice told the court that these United States-Muslim Brotherhood affiliates acted at the direction of the international Muslim Brotherhood to support terrorism in a July 2008 court filing: ISNA and NAIT, in fact, shared more with HLF than just a parent organization. They were intimately connected with the HLF and its assigned task of providing financial support to HAMAS. Shortly after HAMAS was founded in 1987, as an outgrowth of the Muslim Brotherhood, Govt. Exh. 21-61, the International Muslim Brotherhood ordered the Muslim Brotherhood chapters throughout the world to create Palestine Committees, whose job it was to support HAMAS with media, money and men . Govt. Exh. 3-15. The U.S.-Muslim Brotherhood created the U.S. Palestine Committee, which document reflect was initially comprised of three organizations: the OLF (HLF), the IAP, and the UASR. CAIR was later added to these organizations. Govt. Exh. 3-78 (listing IAP, HLF, UASR and CAIR as part of the Palestine Committee, and stating that there is [n]o doubt America is the ideal location to train the necessary resources to support the Movement worldwide... ). The mandate of these organizations, per the International Muslim Brotherhood, was to support HAMAS, and the HLF’s particular role was to raise money to support HAMAS’ organizations inside the Palestinian territories. Govt. Exh. 3-17 (objective of the Palestine Committee is to support HAMAS). . (21) In September 2010 the Supreme Guide of the Muslim Brotherhood, Mohamed Badie, delivered a weekly sermon mirroring the ideological themes of Al-Qaeda’s August 1996 declaration of war against the United States. Calling on Arab and Muslim regimes to confront not just Israel, but also the United States, he declared that Resistance is the only solution against the Zio-American arrogance and tyranny. This resistance can only come from fighting and understanding that the improvement and change that the [Muslim] nation seeks can only be attained through jihad and sacrifice and by raising a jihadi generation that pursues death just as the enemies pursue life . He also predicted the imminent downfall of the United States, saying The U.S. is now experiencing the beginning of its end, and is heading towards its demise. . (22) The August 14, 2013, clearing of Muslim Brotherhood protests in Egypt resulted in attacks by Muslim Brotherhood supporters targeting the Coptic Christian community. Attacks included 70 churches and more than 1,000 homes and businesses of Coptic Christian families torched in the ensuing violence. During the Muslim Brotherhood protests, there were repeated reports of direct incitement towards the Copts from leading Muslim Brotherhood figures, and since the protest dispersal this targeting of the Christian community continues in official statements on Muslim Brotherhood social media outlets and from its leadership. As the United States Commission on International Religious Freedom (USCIRF) has previously noted, this terror campaign by the Muslim Brotherhood is not a new development. Over the past decade violence by the Muslim Brotherhood has been directed at the Coptic community. As the USCIRF observed in its 2003 Annual Report: Coptic Christians face ongoing violence from vigilante Muslim extremists, including members of the Muslim Brotherhood, many of whom act with impunity. . (b) Criteria Section 219(a)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1189(a)(1) ) provides the 3 criteria for the designation of an organization as a Foreign Terrorist Organization: (1) The organization must be a foreign organization. (2) The organization must engage in terrorist activity, as defined in section 212(a)(3)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(B) ), or terrorism, as defined in section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 ( 22 U.S.C. 2656f(d)(2) ), or retain the capability and intent to engage in terrorist activity or terrorism. (3) The organization’s terrorist activity or terrorism must threaten the security of United States nationals or the national security (national defense, foreign relations, or the economic interests) of the United States. (c) Sense of congress It is the sense of Congress that— (1) The Muslim Brotherhood has met the criteria for designation as a foreign terrorist organization under section 219 of the Immigration and Nationality Act (as described in subsection (b)); and (2) the Secretary of State, in consultation with the Attorney General and the Secretary of the Treasury, should exercise the Secretary of State’s statutory authority and designate the Muslim Brotherhood as a foreign terrorist organization. (d) Report If the Secretary of State does not designate the Muslim Brotherhood as a foreign terrorist organization under section 219 of the Immigration and Nationality Act within 60 days after the date of the enactment of this Act, the Secretary of State shall submit to Congress a report that contains the reasons therefor. 3. Sanctions against persons who knowingly provide material support or resources to the Muslim Brotherhood or its affiliates, associated groups, or agents (a) Sanctions (1) In general The President shall subject to all available sanctions any person in the United States or subject to the jurisdiction of the United States who knowingly provides material support or resources to the Muslim Brotherhood or its affiliates, associated groups, or agents. (2) Definition In this paragraph, the term material support or resources has the meaning given such term in section 2339A(b)(1) of title 18, United States Code. (b) Inadmissibility and removal (1) Inadmissability Notwithstanding any other provision of law, the Secretary of State may not issue any visa to, and the Secretary of Homeland Security shall deny entry to the United States of, any member or representative of the Muslim Brotherhood or its affiliates, associated groups, or agents. (2) Removal Any alien who is a member or representative of the Muslim Brotherhood or its affiliates, associated groups, or agents may be removed from the United States in the same manner as an alien who is inadmissible under sections 212(a)(3)(B)(i)(IV) or (V). (c) Funds Any United States financial institution (as defined under section 5312 of title 31, United States Code) that knowingly has possession of or control over funds in which the Muslim Brotherhood or its affiliates, associated groups, or agents have an interest shall retain possession of or control over the funds and report the funds to the Office of Foreign Assets Control of the Department of the Treasury.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5194ih/xml/BILLS-113hr5194ih.xml
|
113-hr-5195
|
I 113th CONGRESS 2d Session H. R. 5195 IN THE HOUSE OF REPRESENTATIVES AN ACT To provide additional visas for the Afghan Special Immigrant Visa Program, and for other purposes.
1. Extension of Afghan special immigrant program Section 602(b)(3) of the Afghan Allies Protection Act of 2009 ( 8 U.S.C. 1101 note) is amended by adding at the end the following: (E) Special rule for end of calendar year 2014 (i) In general During the period beginning on the date of the enactment of this subparagraph and ending on December 31, 2014, an additional 1,000 principal aliens may be provided special immigrant status under this section. For purposes of status provided under this subparagraph— (I) the period during which an alien must have been employed in accordance with paragraph (2)(A)(ii) must terminate on or before December 31, 2014; (II) the principal alien seeking special immigrant status under this subparagraph shall apply to the Chief of Mission in accordance with paragraph (2)(D) not later than December 31, 2014; and (III) the authority to provide such status shall terminate on December 31, 2014. (ii) Construction Clause (i) shall not be construed to affect the authority, numerical limitations, or terms for provision of status, under subparagraph (D). . 2. Temporary fee increase for certain consular services (a) In general Notwithstanding any other provision of law, the Secretary of State, not later than January 1, 2015, shall increase the fee or surcharge authorized under section 140(a) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 ( Public Law 103–236 ; 8 U.S.C. 1351 note) by $1.00 for processing machine-readable nonimmigrant visas and machine-readable combined border crossing identification cards and nonimmigrant visas. (b) Deposit of amounts Notwithstanding section 140(a)(2) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 ( Public Law 103–236 ; 8 U.S.C. 1351 note), the additional amount collected pursuant the fee increase authorized under subsection (a) shall be deposited in the general fund of the Treasury. (c) Sunset provision The fee increase authorized under subsection (a) shall terminate on the date that is 5.5 years after the first date on which such increased fee is collected.
Passed the House of Representatives July 30, 2014. Karen L. Haas, Clerk.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5195eh/xml/BILLS-113hr5195eh.xml
|
113-hr-5196
|
I 113th CONGRESS 2d Session H. R. 5196 IN THE HOUSE OF REPRESENTATIVES July 24, 2014 Mr. Coffman (for himself and Ms. Sinema ) 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 , Ways and Means , Foreign Affairs , Financial Services , House Administration , and Rules , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To reduce waste and implement cost savings and revenue enhancement for the Federal Government.
1. Short title; table of contents (a) Short title This Act may be cited as the Unified Savings and Accountability Act or the USA Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Title I—Provisions relating to Federal property, Federal contracts and information technology Subtitle A—Amendments and Other Provisions Relating to Federal Property, Federal Contracts, and Information Technology Sec. 101. Promotion of competition in Federal contracting. Sec. 102. Promotion of strategic sourcing in Federal contracting. Sec. 103. Avoiding duplicative information technology investments. Sec. 104. Strengthening oversight of information technology investments. Sec. 105. Strengthening oversight of information technology operations. Sec. 106. Promotion of reverse auctions in Federal contracting. Sec. 107. Creation of long-term strategy for targeted ownership investments to replace some high-value leases. Subtitle B—Data Center Consolidation Sec. 111. Purpose. Sec. 112. Definitions. Sec. 113. Federal Data Center Optimization Initiative. Sec. 114. Performance requirements related to data center consolidation. Sec. 115. Cost savings related to data center optimization. Sec. 116. Reporting requirements to Congress and the Federal Chief Information Officer. Sec. 117. Reduction and consolidation of data centers. Title II—Other Matters Sec. 201. Report on implementation of certain Medicare and Medicaid fraud detection and program integrity provisions. Sec. 202. Revocation or denial of passport and passport card in case of certain tax delinquencies. Sec. 203. Prohibition on non-cost-effective minting and printing of coins and currency. Sec. 204. Restrictions on printing and distribution of paper copies of Congressional documents. Sec. 205. Replacing the $1 note with the $1 coin. Sec. 206. Enhancing the Internal Revenue Service’s online services. Sec. 207. Improving foreclosure loss mitigation efforts for mortgages made, insured, or guaranteed by Federal agencies. I Provisions relating to Federal property, Federal contracts and information technology A Amendments and Other Provisions Relating to Federal Property, Federal Contracts, and Information Technology 101. Promotion of competition in Federal contracting (a) Office of Federal procurement policy Not later than six months after the date of enactment of this Act, the Administrator for Federal Procurement Policy shall issue guidance to Federal agencies to reinvigorate the role of the competition advocate, consistent with the recommendations of the Government Accountability Office in its report GAO–10–833 (July 26, 2010). (b) Elements of guidance The guidance issued pursuant to subsection (a) shall include key factors agencies should consider in appointing and utilizing competition advocates, such as placement within the organization, skill set, and potential methods to effectively carry out their duties, and shall direct agencies to require their competition advocates to actively involve program offices in highlighting opportunities to increase competition. 102. Promotion of strategic sourcing in Federal contracting (a) Savings goals Not later than six months after the date of enactment of this Act, and for 4 years annually thereafter, the Director of the Office of Management and Budget shall issue Government-wide savings goals for the strategic sourcing of goods and services by executive agencies required to designate or appoint a Chief Financial Officer as set forth in section 901 of title 31, United States Code. The Director may issue goals required by this section that are customized to individual agencies or sourcing efforts. (b) Matters covered In complying with subsection (a), the Director shall provide at a minimum— (1) guidance to executive agencies on calculating savings generated from strategic sourcing efforts; and (2) standards to measure progress towards meeting savings goals established by subsection (a). (c) Report Not later than 5 years after the date of enactment of this Act, the Director shall submit to Congress a report on the extent of savings realized through the strategic sourcing of goods and services by executive agencies during the period Government-wide savings goals are required to be issued pursuant to subsection (a). 103. Avoiding duplicative information technology investments (a) Purpose The purpose of this section is to improve transparency in order to ensure that agencies avoid making duplicative information technology investments. (b) Reporting potential duplication (1) Responsibility of agency chief information officers Each agency chief information officer shall utilize existing or newly developed transparency mechanisms to report to the Director of the Office of Management and Budget, not later than six months after the date of enactment of this Act and at least annually thereafter, on the results of the agency’s efforts to identify and eliminate, where appropriate, each potentially duplicative information technology investment. (2) Functions of the director Not later than 90 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall issue a policy requiring consistency among all agencies in identifying information technology investments in any required reporting, and such investments shall include applicable research and development projects and mission-essential systems. 104. Strengthening oversight of information technology investments Section 11303(b) of title 40, United States Code, is amended— (1) by redesignating paragraph (5) as paragraph (6); and (2) by inserting after paragraph (4) the following new paragraph (5): (5) Analyses of investments in operations and maintenance The Director shall require each executive agency to develop a policy consistent with OMB guidance for performing analysis on each operational/steady state information technology investment to measure how well the investment is achieving expected cost, schedule, performance, and other goals, and to determine whether the investment provides the most cost effective way of delivering business value. The agencies shall conduct these operational analyses on a yearly basis and shall report the results to the Director and through existing or newly developed transparency mechanisms. . 105. Strengthening oversight of information technology operations (a) Improvement of PortfolioStat implementation Not later than six months after the date of enactment of this Act, the Director of the Office of Management and Budget shall carry out the following, consistent with the recommendations of the Government Accountability Office in its report GAO–14–343SP (April 2014): (1) Issue guidance for the Secretaries of Agriculture, Commerce, Defense, Housing and Urban Development, the Interior, and Labor, and the agency heads of the Environmental Protection Agency, U.S. Nuclear Regulatory Commission, Office of Personnel Management, Small Business Administration, Social Security Administration, and U.S. Agency for International Development, to complete their commodity IT baselines (as part of PortfolioStat). (2) Require the Secretaries of Defense, Housing and Urban Development, the Interior, Labor, State, Transportation, and Veterans Affairs, and the agency heads of the Environmental Protection Agency, General Services Administration, National Aeronautics and Space Administration, Office of Personnel Management, Social Security Administration, and U.S. Agency for International Development, to report quarterly to the Director on each department’s or agency’s progress in the migration of two commodity IT areas (enterprise IT systems and IT infrastructure) to a shared service. (b) Required actions by Federal Chief Information Officer (1) The Director of the Office of Management and Budget shall direct the Federal Chief Information Officer to take the following actions, consistent with the recommendations of the Government Accountability Office in its report GAO–14–343SP (April 2014) and as part of integrated data collection quarterly reporting: (A) Require that agencies— (i) describe the actions that have been taken to ensure the completeness of their commodity IT baseline information; and (ii) identify any limitation in such information. (B) Require agencies to report on the progress of their efforts to migrate two commodity IT areas (enterprise IT systems and IT infrastructure) to a shared service. (C) Require agencies to fully disclose any limitations their chief information officers might have in exercising the authorities and responsibilities provided by law and the 2013 PortfolioStat guidance of the Office of Management and Budget. (D) Require agencies to disclose the limitations of any data reported (or disclose the parameters and assumptions of these data) on the agencies’ data consolidation efforts and associated cost savings and cost avoidance. (E) Require agencies to improve transparency of and accountability for PortfolioStat by publicly disclosing planned and actual data consolidation efforts and related cost savings. (c) Definitions In this section: (1) PortfolioStat The term PortfolioStat refers to the initiative launched by the Office of Management and budget in March 2012 to maximize the return on information technology investments across the Federal Government. (2) IT The term IT means information technology. 106. Promotion of reverse auctions in Federal contracting (a) Revision of FAR Not later than six months after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised to address reverse auctions by Federal agencies, including how and when they should be used, the roles and responsibilities of contracting officers, and what agencies should do if there is no interactive bidding during an auction. (b) Guidance on reverse auctions Not later than six months after the date of enactment of this Act, the Director of Office of Management and Budget shall, consistent with the recommendations of the Government Accountability Office on reverse auctions in its report GAO–14–343SP (April 2014), issue Government-wide guidance— (1) advising agencies to collect and analyze data on the level of interactive bidding and, where applicable, fees paid, to determine the cost effectiveness of using reverse auctions in the procurement of goods or services; and (2) on best practices to maximize competition and savings in the use of reverse auctions. 107. Creation of long-term strategy for targeted ownership investments to replace some high-value leases Not later than six months after the date of the enactment of the Act, the Administrator of General Services shall take the following actions pursuant to the recommendations of the Government Accountability Office in its report GAO–14–343SP: (1) Develop and use criteria to rank and prioritize potential long-term ownership solutions to current high-value leases among other capital investments and use this ranking to create long-term cross agency strategy that facilitates consideration of targeted investments in ownership. (2) Report to the appropriate congressional committees any leases above the prospectus threshold that did not follow the congressional prospectus process and include in the lease prospectus a description of the length of time that an agency estimates it will need the space, an historical account of how long the agency will need to make the leased space meet its mission. For the spaces for which an agency has a long-term projected need, also include an appropriate form of cost-to-lease versus cost-to-own alternatives analysis to facilitate the evaluation. B Data Center Consolidation 111. Purpose The purpose of this subtitle is to optimize Federal data center usage and efficiency. 112. Definitions In this subtitle: (1) Federal Data Center Optimization Initiative The term Federal Data Center Optimization Initiative or the Initiative means the initiative developed and implemented by the Director, through the Federal Chief Information Officer, as required under section 113. (2) Covered agency The term covered agency means any agency included in the Federal Data Center Optimization Initiative. (3) Federal Chief Information Officer The term Federal Chief Information Officer means the Administrator of the Office of Electronic Government established under section 3602 of title 44, United States Code. (4) Data Center The term data center means a closet, room, floor, or building for the storage, management, and dissemination of data and information, as defined by the Federal Chief Information Officer under guidance issued pursuant to this section. (5) Federal Data Center The term Federal data center means any data center of a covered agency used or operated by a covered agency, by a contractor of a covered agency, or by another organization on behalf of a covered agency. (6) Server Utilization The term server utilization refers to the activity level of a server relative to its maximum activity level, expressed as a percentage. (7) Power usage effectiveness The term power usage effectiveness means the ratio obtained by dividing the total amount of electricity and other power consumed in running a data center by the power consumed by the information and communications technology in the data center. 113. Federal Data Center Optimization Initiative (a) Requirement for initiative The Federal Chief Information Officer, in consultation with the chief information officers of covered agencies, shall develop and implement an initiative, to be known as the Federal Data Center Optimization Initiative, to optimize the usage and efficiency of Federal data centers by meeting the requirements of this Act and taking additional measures, as appropriate. (b) Requirement for plan Within 6 months after the date of the enactment of this Act, the Federal Chief Information Officer, in consultation with the chief information officers of covered agencies, shall develop and submit to Congress a plan for implementation of the Initiative required by subsection (a) by each covered agency. In developing the plan, the Federal Chief Information Officer shall take into account the findings and recommendations of the Comptroller General review required by section 115(e). (c) Matters covered The plan shall include— (1) descriptions of how covered agencies will use reductions in floor space, energy use, infrastructure, equipment, applications, personnel, increases in multiorganizational use, and other appropriate methods to meet the requirements of the initiative; and (2) appropriate consideration of shifting federally owned data centers to commercially owned data centers. 114. Performance requirements related to data center consolidation (a) Server utilization Each covered agency may use the following methods to achieve the maximum server utilization possible as determined by the Federal Chief Information Officer: (1) The closing of existing data centers that lack adequate server utilization, as determined by the Federal Chief Information Officer. If the agency fails to close such data centers, the agency shall provide a detailed explanation as to why this data center should remain in use as part of the submitted plan. The Federal Chief Information Officer shall include an assessment of the agency explanation in the annual report to Congress. (2) The consolidation of services within existing data centers to increase server utilization rates. (3) Any other method that the Federal Chief Information Officer, in consultation with the chief information officers of covered agencies, determines necessary to optimize server utilization. (b) Power usage effectiveness Each covered agency may use the following methods to achieve the maximum energy efficiency possible as determined by the Federal Chief Information Officer: (1) The use of the measurement of power usage effectiveness to calculate data center energy efficiency. (2) The use of power meters in data centers to frequently measure power consumption over time. (3) The establishment of power usage effectiveness goals for each data center. (4) The adoption of best practices for managing— (A) temperature and airflow in data centers; and (B) power supply efficiency. (5) The implementation of any other method that the Federal Chief Information Officer, in consultation with the Chief Information Officers of covered agencies, determines necessary to optimize data center energy efficiency. 115. Cost savings related to data center optimization (a) Requirement To track costs (1) In general Each covered agency shall track costs resulting from implementation of the Federal Data Center Optimization Initiative within the agency and submit a report on those costs annually to the Federal Chief Information Officer. Covered agencies shall determine the net costs from data consolidation on an annual basis. (2) Factors In calculating net costs each year under paragraph (1), a covered agency shall use the following factors: (A) Energy costs. (B) Personnel costs. (C) Real estate costs. (D) Capital expense costs. (E) Operating system, database, and other software license expense costs. (F) Other appropriate costs, as determined by the agency in consultation with the Federal Chief Information Officer. (b) Requirement To track savings (1) In general Each covered agency shall track savings resulting from implementation of the Federal Data Center Optimization Initiative within the agency and submit a report on those savings annually to the Federal Chief Information Officer. Covered agencies shall determine the net savings from data consolidation on an annual basis. (2) Factors In calculating net savings each year under paragraph (1), a covered agency shall use the following factors: (A) Energy savings. (B) Personnel savings. (C) Real estate savings. (D) Capital expense savings. (E) Operating system, database, and other software license expense savings. (F) Other appropriate savings, as determined by the agency in consultation with the Federal Chief Information Officer. (c) Requirement To use cost-Effective measures Covered agencies shall use the most cost-effective measures to implement the Federal Data Center Optimization Initiative. (d) Use of savings Any savings resulting from implementation of the Federal Data Center Optimization Initiative within a covered agency shall be used for the following purposes: (1) To offset the costs of implementing the Initiative within the agency. (2) To further enhance information technology capabilities and services within the agency. (e) Government accountability office review Not later than 3 months after the date of the enactment of this Act, the Comptroller General of the United States shall examine methods for calculating savings from the Initiative and using them for the purposes identified in subsection (d), including establishment and use of a special revolving fund that supports data centers and server optimization, and shall submit to the Federal Chief Information Officer and Congress a report on the Comptroller General’s findings and recommendations. 116. Reporting requirements to Congress and the Federal Chief Information Officer (a) Agency Requirement To report to CIO Each year, each covered agency shall submit to the Federal Chief Information Officer a report on the implementation of the Federal Data Center Optimization Initiative, including savings resulting from such implementation. The report shall include an update of the agency’s plan for implementing the Initiative. (b) Federal Chief Information Officer requirement To report to Congress Each year, the Federal Chief Information Officer shall submit to the relevant congressional committees a report that assesses agency progress in carrying out the Federal Data Center Optimization Initiative and updates the plan under section 113. The report may be included as part of the annual report required under section 3606 of title 44, United States Code. 117. Reduction and consolidation of data centers (a) OMB recommendation Not later than 6 months after the date of the enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Administrator of General Services and the heads of other executive agencies, shall issue recommendations for reducing or consolidating the number of Federal data centers in existence as of the date of the enactment of this Act— (1) by at least 40 percent not later than September 30, 2018; and (2) by at least 80 percent not later than September 30, 2023. (b) Reduction of data centers Not later than 6 months after the issuance of recommendations by the Director of the Office of Management and Budget under subsection (a), the head of each executive agency shall implement the recommendations by reducing the number of Federal data centers in accordance with such recommendations. II Other Matters 201. Report on implementation of certain Medicare and Medicaid fraud detection and program integrity provisions Section 1128J(a)(1)(A) of the Social Security Act (42 U.S.C. 1320a–7k(a)(1)(A)) is amended by adding at the end the following new clause: (iii) Report on integrated data repository and one program integrity system Not later than six months after the date of enactment of this clause, the Secretary shall submit to the appropriate congressional committees a report on the following: (I) Integrated Data Repository Efforts to finalize plans and schedules for fully implementing and expanding the use of the Integrated Data Repository, including actions taken to finalize, implement, and manage plans for incorporating data into the Integrated Data Repository and actions taken to define measurable financial benefits expected from the implementation of the Integrated Data Repository. (II) One Program Integrity System Actions taken to plan, schedule, and conduct training on the One Program Integrity System, a Web-based portal and suite of software tools used to analyze and extract data from the Integrated Data Repository, and actions taken to define measurable financial benefits expected from the use of the One Program Integrity System. . 202. Revocation or denial of passport and passport card in case of certain tax delinquencies (a) In general Subchapter D of chapter 75 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 7345. Revocation or denial of passport and passport card in case of certain tax delinquencies (a) In general If the Secretary receives certification by the Commissioner of Internal Revenue that any individual has a seriously delinquent tax debt in an amount in excess of $50,000, the Secretary shall transmit such certification to the Secretary of State for action with respect to denial, revocation, or limitation of a passport or passport card pursuant to section 4 of the Act entitled An Act to regulate the issue and validity of passports, and for other purposes , approved July 3, 1926 ( 22 U.S.C. 211a et seq. ), commonly known as the Passport Act of 1926 . (b) Seriously delinquent tax debt For purposes of this section, the term seriously delinquent tax debt means an outstanding debt under this title for which a notice of lien has been filed in public records pursuant to section 6323 or a notice of levy has been filed pursuant to section 6331, except that such term does not include— (1) a debt that is being paid in a timely manner pursuant to an agreement under section 6159 or 7122, and (2) a debt with respect to which collection is suspended because a collection due process hearing under section 6330, or relief under subsection (b), (c), or (f) of section 6015, is requested or pending. (c) Adjustment for inflation In the case of a calendar year beginning after 2015, the dollar amount in subsection (a) shall be increased by an amount equal to— (1) such dollar amount, multiplied by— (2) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting calendar year 2014 for calendar year 1992 in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $1,000, such amount shall be rounded to the next highest multiple of $1,000. . (b) Clerical amendment The table of sections for subchapter D of chapter 75 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 7345. Revocation or denial of passport and passport card in case of certain tax delinquencies. . (c) Authority for information sharing (1) In general Subsection (l) of section 6103 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (23) Disclosure of return information to department of state for purposes of passport and passport card revocation under section 7345 (A) In general The Secretary shall, upon receiving a certification described in section 7345, disclose to the Secretary of State return information with respect to a taxpayer who has a seriously delinquent tax debt described in such section. Such return information shall be limited to— (i) the taxpayer identity information with respect to such taxpayer, and (ii) the amount of such seriously delinquent tax debt. (B) Restriction on disclosure Return information disclosed under subparagraph (A) may be used by officers and employees of the Department of State for the purposes of, and to the extent necessary in, carrying out the requirements of section 4 of the Act entitled An Act to regulate the issue and validity of passports, and for other purposes , approved July 3, 1926 ( 22 U.S.C. 211a et seq. ), commonly known as the Passport Act of 1926 . . (2) Conforming amendment Paragraph (4) of section 6103(p) of such Code is amended by striking or (22) each place it appears in subparagraph (F)(ii) and in the matter preceding subparagraph (A) and inserting (22), or (23) . (d) Revocation authorization The Act entitled An Act to regulate the issue and validity of passports, and for other purposes. , approved July 3, 1926 ( 22 U.S.C. 211a et seq. ), commonly known as the Passport Act of 1926 , is amended by adding at the end the following: 4. Authority to deny or revoke passport and passport card (a) Ineligibility (1) Issuance Except as provided under subsection (b), upon receiving a certification described in section 7345 of the Internal Revenue Code of 1986 from the Secretary of the Treasury, the Secretary of State may not issue a passport or passport card to any individual who has a seriously delinquent tax debt described in such section. (2) Revocation The Secretary of State shall revoke a passport or passport card previously issued to any individual described in paragraph (1). (b) Exceptions (1) Emergency and humanitarian situations Notwithstanding subsection (a), the Secretary of State may issue a passport or passport card, in emergency circumstances or for humanitarian reasons, to an individual described in paragraph (1) of such subsection. (2) Limitation for return to united states Notwithstanding subsection (a)(2), the Secretary of State, before revocation, may— (A) limit a previously issued passport or passport card only for return travel to the United States; or (B) issue a limited passport or passport card that only permits return travel to the United States. . (e) Effective date The amendments made by this section shall take effect on January 1, 2015. 203. Prohibition on non-cost-effective minting and printing of coins and currency (a) Prohibition with respect to coins Section 5111 of title 31, United States Code, is amended by adding at the end the following: (e) Prohibition on certain minting Notwithstanding any other provision of this subchapter, after the end of the 4-year period following the date of the enactment of this subsection, the Secretary may not mint or issue any circulating coin that costs more to produce than the denomination of the coin (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). . (b) Prohibition with respect to currency Section 5114(a) of title 31, United States Code, is amended by adding at the end the following: (4) Prohibition on certain printing Notwithstanding any other provision of this subchapter, after the end of the 4-year period following the date of the enactment of this paragraph, the Secretary may not engrave or print any United States currency that costs more to produce than the denomination of the currency (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). . 204. Restrictions on printing and distribution of paper copies of Congressional documents (a) Printing and Distribution of Documents by Public Printer (1) Restrictions Chapter 7 of title 44, United States Code, is amended by adding at the end the following new section: 742. Restrictions on printing and distribution of paper copies (a) Mandatory Use of Electronic Format for Distribution of Congressional Documents Notwithstanding any other provision of this chapter, the Public Printer shall make any document of the House of Representatives or Senate which is subject to any of the provisions of this chapter available only in an electronic format which is accessible through the Internet, and may not print or distribute a printed copy of the document except as provided in subsection (b). (b) Permitting Printing and Distribution of Printed Copies Upon Request Notwithstanding subsection (a), at the request of any person to whom the Public Printer would have been required to provide a printed copy of a document under this chapter had subsection (a) not been in effect, the Public Printer may print and distribute a copy of a document or report for the use of that person, except that— (1) the number of printed copies the Public Printer may provide to the person may not exceed the number of printed copies the Public Printer would have provided to the person had subsection (a) not been in effect; and (2) the Public Printer may print and distribute copies to the person only upon payment by the person of the costs of printing and distributing the copies, except that this paragraph shall not apply to an office of the House of Representatives or Senate (including the office of a Member of Congress). . (2) Clerical amendment The table of sections of chapter 7 of such title is amended by adding at the end following new item: 742. Restrictions on printing and distribution of paper copies. . (b) Provision of Documents in Electronic Format Deemed To Meet Requirements of House and Senate Rules Regarding Distribution of Printed Copies (1) In general If any rule or regulation of the House of Representatives or Senate requires a Member or committee to provide printed copies of any document (including any bill or resolution) for the use of the House or Senate or for the use of any office of the House or Senate, the Member or committee shall be considered to have met the requirement of the rule or regulation if the Member or committee makes the document available to the recipient in an electronic format. (2) Exercise of rulemaking authority of Senate and House This subsection is enacted by Congress— (A) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. (c) Effective Date This section and the amendments made by this section shall apply with respect to documents produced on or after January 1, 2015. 205. Replacing the $1 note with the $1 coin (a) Duties of the Board of Governors of the Federal Reserve System (1) Coin sequestration (A) In general Within six months of the date of enactment of this Act, the Board of Governors of the Federal Reserve System shall sequester all $1 coins bearing the design common to those $1 coins minted and issued from 1979–1981 and again in 1999. (B) Treatment of coins Coins sequestered pursuant to subparagraph (A) shall not be returned to ordinary circulation or otherwise released from storage controlled by the Federal Reserve System or an agent of the Federal Reserve System. (C) Exception for certain uses Notwithstanding subparagraph (B), coins sequestered pursuant to subparagraph (A) may be released, at face value and in bulk quantities— (i) to dealers in collectible coins; and (ii) to countries that have adopted the United States dollar as their base unit of exchange. (D) Obsolete coins At the end of the 1-year period beginning on the date of the enactment of this Act, the Secretary of the Treasury shall declare all coins described under subparagraph (A) to be obsolete, and such coins— (i) shall be treated in the same manner as all other obsolete United States coins; and (ii) to the extent such coins remain in general circulation, shall remain legal tender. (2) Quarterly report on $1 coins The Board of Governors of the Federal Reserve System shall issue quarterly reports to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on— (A) the number of coins sequestered pursuant to paragraph (1)(A); (B) the number of coins described in paragraph (1)(A) that remain in general circulation; and (C) efforts that have been made to reduce the number of coins described in subparagraphs (A) and (B) to zero. (3) Improvement of circulation The Board of Governors of the Federal Reserve System shall— (A) undertake efforts to improve the circulation and remove barriers to the circulation of the $1 coin, other than those coins described under paragraph (1)(A); (B) issue a quarterly report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on— (i) what efforts have been made to improve the circulation of $1 coins and what efforts are being planned to improve the circulation of $1 coins; (ii) the success of such efforts, including an analysis of such coins held in storage owned or controlled by the Federal Reserve System and the number of such coins in circulation; (iii) barriers to the circulation of such coins, including the availability of such coins in quantities unmixed with the $1 coins described in paragraph (1)(A); and (iv) the extent to which the Federal Reserve System and any agents of the Federal Reserve System are unable to meet end-user requests for delivery of unmixed quantities of such coins in whatever form such end user requires, including rolls, disposable tubes, or volume bags of such coins. (4) Outreach and education The Board of Governors of the Federal Reserve System shall continuously conduct outreach and education programs aimed at helping each business using or accepting cash to choose the best mix of $1 coins and banknotes to facilitate transactions and reduce costs of transactions and of cashing out at the end of a transaction period. (5) Use of $1 coins by foreign countries The Board of Governors of the Federal Reserve System shall work with the Departments of State and the Treasury to ensure that countries that have adopted the dollar as a base unit of exchange and which place orders with the Federal Reserve System, or through any United States financial institution, for supplies of $1 monetary units, are fully briefed before placing each such order on the durability and longevity of $1 coins in high-circulation economies when used for transactions of a low dollar value. (b) Publicity requirement Section 5112(p)(2) of title 31, United States Code, is amended by inserting after Mint the following: and the Board of Governors of the Federal Reserve System . (c) Report on implementation Not later than the end of the 1-year period beginning on the date of the enactment of this Act, and annually thereafter, the Comptroller General of the United States and the Inspector General of the Federal Reserve System and the Bureau of Consumer Financial Protection shall each issue a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on steps being taken by the Board of Governors of the Federal Reserve System to carry out this Act. (d) Clarification with respect to seigniorage The ninth proviso of section 5136 of title 31, United States Code, is amended, by inserting after miscellaneous receipts the following: and such amount shall be included as an estimated receipt of the Government and a receipt of the Government under paragraphs (6) and (7), respectively, of section 1105(a) in any budget submitted under such section . (e) Policy statement It is the policy of the United States that after $1 coins achieve sufficient market penetration such that consumers and retailers are comfortable using $1 coins and are able to obtain adequate supplies of $1 coins, $1 coins should replace $1 Federal Reserve notes as the only $1 monetary unit issued and circulated by the Federal Reserve System. (f) Deadline for placing $1 Federal Reserve notes into circulation Federal Reserve banks may continue to place into circulation $1 Federal Reserve notes until the earlier of— (1) the date on which the number of $1 coins placed into circulation after the date of the enactment of this Act exceeds 600,000,000 annually; or (2) the date that is 4 years after the date of the enactment of this Act. (g) Transition period After the date referred to in subsection (f), a Federal Reserve bank may not order additional $1 Federal Reserve notes but may, for a period of one year, continue to place into circulation $1 Federal Reserve notes on hand or those deposited with it, except for notes described in subsection (h). (h) Removal of unfit currency After the date referred to in subparagraph (f), a Federal Reserve bank shall continue to remove unfit currency from circulation, and shall continue to destroy such currency. (i) Exception Notwithstanding subsections (f) and (g), the Board of Governors of the Federal Reserve System shall produce such Federal Reserve notes of $1 denomination as the Board determines from time to time are appropriate solely to meet the needs of collectors of that denomination. Such notes shall be issued by one or more Federal Reserve banks in accordance with section 16 of the Federal Reserve Act and sold by the Board, in whole or in part, under procedures prescribed by the Board. (j) No effect on legal tender Notwithstanding any other subsection of this section, $1 Federal Reserve notes are legal tender in the United States for all debts, public and private, public charges, taxes, and duties, regardless of the date of printing or issue. 206. Enhancing the Internal Revenue Service’s online services No later than six months after the date of the enactment of the Act, the Commissioner of Internal Revenue shall, pursuant to the recommendations of the Government Accountability Office in its report GAO–14–343SP (April, 2014): (1) Develop a long-term strategy to improve web services provided to taxpayers, in accordance with www.Howto.gov and other Federal guidance outlined in the April 2013 report of the Government Accountability Office GAO–13–279SP. (2) Study leading practices of other organizations to understand how web improvement strategies were developed and new services prioritized. (3) Develop business cases for all new online services, describing the potential benefits and costs of the project, and use them to prioritize future projects. (4) Review risk mitigation plans for interactive tools to ensure all risks are addressed and link investments in security to the long-term plan. 207. Improving foreclosure loss mitigation efforts for mortgages made, insured, or guaranteed by Federal agencies (a) Periodic analysis of loss mitigation actions Not later than the expiration of the 6-month period beginning on the date of the enactment of this Act and annually thereafter, the Secretary of Housing and Urban Development, the Secretary of Agriculture, and the Secretary of Veterans Affairs shall each analyze the effectiveness and long-term costs and benefits of the programs, actions, and strategies of the applicable agency for avoidance or mitigation of foreclosure losses with respect to covered loans and mortgages of the applicable agency, which shall include analyses of— (1) the re-default rates associated with various types of loss mitigation actions; and (2) the impacts that loan and borrower characteristics have on the performance of different loss mitigation actions. (b) Re-Evaluation Upon completion of each periodic analysis conducted pursuant to subsection (a) with respect to covered loans and mortgages of an applicable agency, the head of the applicable agency shall use the results of the analysis to— (1) re-evaluate the programs, actions, and strategies of the agency for avoidance or mitigation of foreclosure losses with respect to covered loans and mortgages; and (2) provide additional guidance to servicers of covered loans and mortgages to more effectively target and implement loss mitigation efforts. (c) Collection of information Each of the agency heads referred to in subsection (a) shall— (1) collect such information regarding covered loans and mortgages of the applicable agency as may be necessary to conduct the analysis required under such subsection, including loan level data and information regarding loan performance; or (2) require servicers of such loans and mortgages to provide any such information not maintained or collected by the applicable agency. (d) Consultation and coordination Each of the agency heads referred to in subsection (a) shall consult and coordinate with each other in conducting the analyses and re-evaluations required under subsection (a) and (b) to ensure the sharing of information and promote effective loss mitigation efforts. (e) Definitions For purposes of this section, the following definitions shall apply: (1) Applicable agency The term applicable agency means— (A) with respect to the Secretary of Housing and Urban Development, the Department of Housing and Urban Development; (B) with respect to the Secretary of Agriculture, the Department of Agriculture; and (C) with respect to the Secretary of Veterans Affairs, the Department of Veterans Affairs. (2) Covered loans and mortgages The term covered loans and mortgages means, with respect to an applicable agency, loans for and mortgages on 1- to 4-family homes made, insured, or guaranteed by such applicable agency.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5196ih/xml/BILLS-113hr5196ih.xml
|
113-hr-5197
|
I 113th CONGRESS 2d Session H. R. 5197 IN THE HOUSE OF REPRESENTATIVES July 24, 2014 Ms. Frankel of Florida (for herself, Mr. Deutch , and Mr. Himes ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend section 214(c)(8) of the Immigration and Nationality Act to modify the data reporting requirements relating to nonimmigrant employees, and for other purposes.
1. Short title This Act may be cited as the Transparency in Reporting to Protect American Workers and Prevent Human Trafficking Act . 2. Data reporting on nonimmigrant employees Section 214(c)(8) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c)(8) ) is amended to read as follows: (8) (A) (i) (I) The Secretary of Homeland Security annually shall submit to the Committees on the Judiciary of the House of Representatives and of the Senate and timely upload to a public website a report (along with the corresponding raw data set) with respect to each of the subparagraphs of sections 101(a)(15) and 214(e) that permit employment in the United States under any circumstances, including cultural exchange, training, or business activities which result in receiving any form of compensation, including a stipend, from any source. (II) Each report under subclause (I) shall contain the following data regarding any nonimmigrant visa or any grant of nonimmigrant status: (aa) The number of aliens who were granted such a visa or status. (bb) The number of aliens who had such visas or statuses that were expired, revoked, or otherwise terminated during each month of the preceding fiscal year. (cc) Information on the countries of origin of (including local region or state if available), age, gender, and occupations of, educational levels attained by, and compensation paid to aliens issued such visa or status. (dd) The names and addresses of employers and the number of aliens authorized per category and subclass to work for each employer, including the country of origin, age, and gender of each alien authorized to work for each employer, the alien’s primary work location, and secondary work location if one exists. (III) Each report under subclause (I) shall contain the following data regarding any nonimmigrant visa category or status (including extensions and transfers to another visa category or subclass, or request to switch to another employer) that requires approval from the Secretary of Homeland Security through a Petition for Nonimmigrant Worker, Form I–129 (or any successor form): (aa) The number of petitions filed. (bb) The number of petitions approved and the number of workers (by occupation) included in such approved petitions. (cc) The number of petitions denied and the number of workers (by occupation) requested in such denied petitions. (dd) The Standard Occupational Classification (SOC) code for each occupation in each approved petition. (ee) The number of petitions withdrawn. (ff) The number of petitions awaiting final action. (ii) The Secretary of Homeland Security annually shall submit to the Committees on the Judiciary of the House of Representatives and of the Senate and timely upload to a public website a report (along with the corresponding raw data set) that contains the following: (I) A list of all employers who petition for visas under section 101(a)(15)(H)(i)(b). (II) The number of such petitions filed and approved for each such employer. (III) The Standard Occupational Classifications (SOC) for the approved positions. (IV) The number of nonimmigrants for whom each such employer files for adjustment to permanent resident status. (V) A list of all employers who are H–1B-dependent employers (as defined in section 212(n)(3)(A)). (VI) A list of all employers for whom more than 30 percent of their United States workforce are nonimmigrants described in subparagraph (H)(i)(b) or (L) of section 101(a)(15). (VII) A list of all employers for whom more than 50 percent of their United States workforce are nonimmigrants described in subparagraph (H)(i)(b) or (L) of section 101(a)(15). (VIII) A gender breakdown by occupation and by country of origin for the nonimmigrants described in section 101(a)(15)(H)(i)(b). (IX) A list of all employers who conduct outplacement of nonimmigrants described in section 101(a)(15)(H)(i)(b). (X) The number of nonimmigrants described in section 101(a)(15)(H)(i)(b) categorized by their highest level of education and major or primary field of study, and whether such education was obtained in the United States or in a foreign country. (iii) The Secretary of Homeland Security annually shall submit to the Committees on the Judiciary of the House of Representatives and of the Senate and timely upload to a public website a report (along with the corresponding raw data set) that contains the following: (I) A list of all employers who have filed petitions with the Secretary of Homeland Security for nonimmigrants under section 101(a)(15)(L). (II) The number of such petitions filed and approved for each such employer, whether each petition was processed by the Department of Homeland Security or the Department of State as a blanket petition under paragraph (2)(A). (III) The Standard Occupational Classifications (SOC) code for each occupation in each approved positions. (IV) The amount of compensation paid to each beneficiary. (V) The number of nonimmigrants described in section 101(a)(15)(L) for whom each such employer files for adjustment to permanent resident status. (VI) A list of all employers for whom more than 30 percent of their United States workforce are nonimmigrants described in subparagraph (H)(i)(b) or (L) of section 101(a)(15). (VII) A list of all employers for whom more than 50 percent of their United States workforce are nonimmigrants described in subparagraph (H)(i)(b) or (L) of section 101(a)(15). (VIII) (aa) A list of all employers who have been authorized to file blanket petitions under paragraph (2)(A), including those who were identified by aliens applying for a visa under section 101(a)(15)(L) as the employer seeking to employ such aliens; and (bb) the number of such visa applications approved pursuant to each blanket petition. (IX) A gender breakdown by occupation and by country of origin for the nonimmigrants described in section 101(a)(15)(L). (X) list of all employers who conduct outplacement of nonimmigrants described in section 101(a)(15)(L). (XI) The number of nonimmigrants described in section 101(a)(15)(L) categorized by their highest level of education and major or primary field of study, and whether such education was obtained in the United States or in a foreign country. (XII) The number of petitions which have been authorized as blanket petitions under paragraph (2)(A). (iv) Reporting required by this subparagraph includes information gathered on petitions for nonimmigrant status or in any other manner, including consular processing, and computer systems managed by the Secretary of Homeland Security for tracking students and exchange visitors. (v) The information included in the reports under this subparagraph shall be disaggregated by nonimmigrant visa type and each subclass, if applicable as set forth in subparagraph (C). (vi) The annual reports required under this subparagraph shall be submitted not later than 3 months after the end of each fiscal year and shall contain data pertaining to the requested categories from the immediately preceding fiscal year. (B) (i) The Secretary of Homeland Security shall maintain an accurate count of the number of aliens subject to numerical limitations, if any, of the visa issued or nonimmigrant status provided, including under subsection (g)(1). (ii) The Secretary of Homeland Security shall notify, on a quarterly basis, the Committees on the Judiciary of the House of Representatives and the Senate of the numbers of aliens who during the preceding 3-month period were issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b). (iii) The Secretary of Homeland Security shall notify, on a semiannual basis, the Committees on the Judiciary of the House of Representatives and the Senate of the number of aliens who during the preceding 1-year period were issued visas or otherwise provided nonimmigrant status under all annually capped visas enumerated in section 101(a)(15) or who had such a visa or such status revoked or otherwise terminated. (iv) Each notification under clause (i), and each submission under clause (ii), shall include the number of aliens who were issued visas or otherwise provided nonimmigrant status pursuant to petitions filed by institutions or organizations described in section 212(p)(1). (C) The Secretary of Homeland Security shall collect and report the required data described in subparagraphs (A) and (B) for nonimmigrant visas issued, or nonimmigrant status granted, under any subparagraph of section 101(a)(15) and disaggregate the data accordingly with respect to any particular subclass, or employment-authorized exchange or training program authorized under each subclass or otherwise specified in regulations or Federal agency guidance or directives, including— (i) with respect to section 101(a)(15)(J), the specific program provisions enumerated in subpart B of part 62 of title 22, Code of Federal Regulations; (ii) with respect to section 101(a)(15)(B), the specific categories of business visitor activity enumerated in notes 9–11 of section 41.31 of volume 9, U.S. Department of State Foreign Affairs Manual; and (iii) with respect to section 101(a)(15)(F), all persons granted employment authorization pursuant to the provisions enumerated in section 214.2(f)(10) of title 8, Code of Federal Regulations. (D) If the Secretary of Homeland Security determines that information maintained by either the Secretary of State or the Secretary of Labor is required to make a submission described in this paragraph, for example if any of the required information is gathered during consular processing or during the labor certification process, the Secretaries of State and Labor shall provide such information to the Secretary of Homeland Security upon request. (E) The Secretaries of Homeland Security, State, and Labor shall take such steps as are necessary to revise any applications, petition forms, and databases used for nonimmigrant visas or status under each subparagraph and corresponding subcategory or subclass of section 101(a)(15) which permit an alien beneficiary to work in the United States under any circumstances, including training or business activities which result in receiving any form of compensation, including a stipend, from any source, so as to ensure that sufficient information is collected to report the data as required under this paragraph. .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5197ih/xml/BILLS-113hr5197ih.xml
|
113-hr-5198
|
I 113th CONGRESS 2d Session H. R. 5198 IN THE HOUSE OF REPRESENTATIVES July 24, 2014 Mr. Gallego introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to provide an appeal process for designation as qualified census tracts and difficult development areas under the low-income housing credit.
1. Appeal process for designation as qualified census tracts and difficult development areas under the low-income housing credit (a) In general Section 42(d)(5) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (C) Appeal of qualified census tract and difficult development area designations (i) In general Any State or local government agency may petition the Secretary of Housing and Urban Development to review such Secretary’s designation (or failure to designate) for any area within such agency’s jurisdiction as a qualified census tract or difficult development area by filing an appeal with such Secretary during the 120-day period beginning on the date that such Secretary publishes the list of qualified census tracts and difficult development areas for the calendar year. (ii) Application of population limitation If a designation is made pursuant to an appeal under clause (i) and such designation would (without regard to this clause) result in a violation of the limitation imposed under clause (ii)(II) or (iii)(II) of subparagraph (B) with respect to the relevant metropolitan statistical area, then the Secretary of Housing and Urban Development shall conduct a review of all of the qualified census tract or difficult development area designations in such metropolitan statistical area. If, after making any additional designations, or revocation of designations as a result of such review, such limitation is still exceeded, the census tract which is the subject of the appeal and such additional designations shall be substituted for so many of the last areas designated when such Secretary made its annual review and determination as is necessary to comply with such limitations. (iii) Retroactive application of corrections Any designation, or revocation of designation, under clause (i) or (ii) with respect to any appeal shall be valid retroactive to the beginning of the calendar year to which the appeal relates. (iv) Petition with respect to census block groups Any landowner whose property is located within a census block group or equivalent geographic area defined by the Bureau of the Census that meets the criteria for designation of a qualified census tract can petition the Secretary of Housing and Urban Development, and upon verification by such Secretary that such area meets such criteria, such Secretary shall designate such area as a qualified census tract. Subparagraph (B)(ii)(II) shall be applied without regard to any area designated under this clause. .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5198ih/xml/BILLS-113hr5198ih.xml
|
113-hr-5199
|
I 113th CONGRESS 2d Session H. R. 5199 IN THE HOUSE OF REPRESENTATIVES July 24, 2014 Mr. Reed (for himself, Mr. Neal , Mr. Hultgren , and Mr. Larson of Connecticut ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to permanently modify the limitations on the deduction of interest by financial institutions which hold tax-exempt bonds, and for other purposes.
1. Short title This Act may be cited as the Municipal Bond Market Support Act of 2014 . 2. Permanent modification of small issuer exception to tax-exempt interest expense allocation rules for financial institutions (a) Permanent increase in limitation Subparagraphs (C)(i), (D)(i), and (D)(iii)(II) of section 265(b)(3) of the Internal Revenue Code of 1986 are each amended by striking $10,000,000 and inserting $30,000,000 . (b) Permanent modification of other special rules Paragraph (3) of section 265(b) of the Internal Revenue Code of 1986 is amended— (1) by redesignating clauses (iv), (v), and (vi) of subparagraph (G) as clauses (ii), (iii), and (iv) of such subparagraph, respectively, and (2) by striking so much of subparagraph (G) as precedes such clauses and inserting the following: (G) Qualified 501( c )(3) Bonds Treated As Issued By Exempt Organization In the case of a qualified 501(c)(3) bond (as defined in section 145), this paragraph shall be applied by treating the 501(c)(3) organization for whose benefit such bond was issued as the issuer. (H) Special rule for qualified financings (i) In general In the case of a qualified financing issue— (I) subparagraph (F) shall not apply, and (II) any obligation issued as a part of such issue shall be treated as a qualified tax-exempt obligation if the requirements of this paragraph are met with respect to each qualified portion of the issue (determined by treating each qualified portion as a separate issue which is issued by the qualified borrower with respect to which such portion relates). . (c) Inflation adjustment Paragraph (3) of section 265(b) of the Internal Revenue Code of 1986, as amended by subsection (b), is amended by adding at the end the following new subparagraph: (I) Inflation adjustment In the case of any calendar year after 2014, the $30,000,000 amounts contained in subparagraphs (C)(i), (D)(i), and (D)(iii)(II) shall each be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting calendar year 2013 for calendar year 1992 in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $100,000. . (d) Effective date The amendments made by this section shall apply to obligations issued after the date of the enactment of this Act.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5199ih/xml/BILLS-113hr5199ih.xml
|
113-hr-5200
|
I 113th CONGRESS 2d Session H. R. 5200 IN THE HOUSE OF REPRESENTATIVES July 24, 2014 Ms. Schwartz (for herself, Mr. Deutch , Ms. Roybal-Allard , and Mr. Grayson ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Older Americans Act of 1965 to define care coordination, include care coordination as a fully restorative service, and detail the care coordination functions of the Assistant Secretary, and for other purposes.
1. Short title This Act may be cited as the Care Coordination for Older Americans Act of 2014 . 2. Declaration of objectives Section 101(4) of the Older Americans Act of 1965 ( 42 U.S.C. 3001(4) ) is amended by inserting care coordination and after including . 3. Definitions Section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 ) is amended by adding at the end the following: (55) (A) The term care coordination means a person- and family-centered, assessment-based, and interdisciplinary approach to meet the needs and preferences of an older individual and a family caregiver while enhancing the capabilities of the older individual (including the ability to self-direct services). (B) The term care coordination means coordination that— (i) integrates health care, long-term services and supports, housing, and social support services in a high-quality and cost-effective manner in which an individual’s needs, preferences, and capabilities are assessed, along with the needs and preferences of a family caregiver; (ii) includes, as a core element, the active involvement of the older individual, the family, or a representative appointed by the older individual or legally acting on the individual’s behalf, community-based service professionals, and health care professionals providing care to the older individual, in the design and implementation of an individualized, individual-centered service and support plan, through which the services and supports will be provided in a manner free from conflicts of interest; (iii) integrates services and interventions that are implemented, monitored, and evaluated for effectiveness using an evidence-based process, which typically involves a designated lead care coordinator and involves feedback from the older individual; (iv) includes activities that aim simultaneously at meeting individual and family needs and preferences, building on individual capabilities, and improving outcomes and systems of care; (v) includes provision of some or all of the services and activities described in clauses (i) through (iv) by trained professionals employed by or under a contract with— (I) area agencies on aging; (II) Aging and Disability Resource Centers; or (III) other service providers, including in-home service providers; and (vi) is not furnished to directly diagnose, treat, or cure a medical disease or condition. . 4. Functions of the Assistant Secretary Section 202(a) of the Older Americans Act of 1965 ( 42 U.S.C. 3012(a) ) is amended— (1) in paragraph (27), by striking and at the end; (2) in paragraph (28), by striking the period and inserting ; and ; and (3) by adding at the end the following: (29) (A) encourage, provide technical assistance to, and share best practices with, States, area agencies on aging, Aging and Disability Resource Centers, and service providers to carry out outreach and coordinate activities with health care entities in order to assure better care coordination for individuals with multiple chronic illnesses; and (B) coordinate activities with other Federal agencies that are working to improve care coordination and developing new models and best practices. . 5. Organization Section 305(a) of the Older Americans Act of 1965 ( 42 U.S.C. 3025(g) ) is amended— (1) in paragraph (2), by striking and at the end; (2) in paragraph (3), by striking the period and inserting ; and ; and (3) by adding at the end the following: (4) the State agency shall promote the development and implementation of a State system to address the care coordination needs of older individuals with multiple chronic illnesses, and shall work with acute care providers, area agencies on aging, service providers, and Federal agencies to ensure that the system uses best practices and is evaluated on its provision of care coordination. . 6. Area plans Section 306(a) of the Older Americans Act of 1965 ( 42 U.S.C. 3026(a) ) is amended— (1) in paragraph (4)(B)(i)(VII) by inserting with multiple chronic illnesses or after older individuals ; (2) in paragraph (6)(D), by inserting (including acute care providers) after service providers ; (3) in paragraph (16), by striking and at the end; (4) in paragraph (17) by striking the period and inserting ; and ; and (5) by adding at the end the following: (18) provide assurances that the area agency on aging will— (A) identify existing (as of the date of submission of the plan) care coordination programs and systems; (B) identify unmet community need for care coordination; (C) facilitate the development and implementation of an area-wide system to address the care coordination needs of older individuals with multiple chronic illnesses; and (D) work with acute care providers, service providers, and Federal and State agencies to ensure that the system uses best practices in its provision of care coordination. . 7. State plans Section 307(a) of the Older Americans Act of 1965 ( 42 U.S.C. 3027(a) ) is amended— (1) in paragraph (2)(A), by inserting care coordination, after information and assistance, ; (2) in paragraph (17), by striking and develop collaborative programs, where appropriate, and inserting , ensure care coordination, and (where appropriate) develop collaborative programs, ; (3) in paragraph (18), in the matter preceding subparagraph (A), by inserting and ensure care coordination that integrates long-term care services and other care services, before for older ; (4) in paragraph (23), by striking with other State services and inserting with other Federal and State health care programs and services ; and (5) by adding at the end the following: (31) The plan shall provide assurances that the area agencies on aging in the State will facilitate the area-wide development and implementation of an area-wide system to address the care coordination needs of older individuals with multiple chronic illnesses, and work with acute care providers, service providers, and other Federal and State agencies to ensure that the system uses best practices and is evaluated on its provision of care coordination. .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5200ih/xml/BILLS-113hr5200ih.xml
|
113-hr-5201
|
I 113th CONGRESS 2d Session H. R. 5201 IN THE HOUSE OF REPRESENTATIVES July 24, 2014 Mr. Southerland introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend title 23, United States Code, to exempt agricultural loads traveling on Federal highways if State agricultural regulations are met.
1. Short Title This Act may be cited as the Right to Haul Act of 2014 . 2. Exempting Agricultural Loads (a) Weight Exemptions Section 127 of title 23, United States Code, is amended by adding at the end the following: (j) State agricultural exemptions (1) In general Notwithstanding subsection (a), individual State weight limitations for an agricultural commodity that are applicable to State highways shall be applicable to the Interstate System within the State’s borders for vehicles carrying an agricultural commodity. (2) Agricultural commodity defined The term agricultural commodity means any agricultural commodity (including horticulture, aquaculture, and floriculture), food, feed, fiber, forestry products, livestock (including elk, reindeer, bison, horses, or deer), or insects, and any product thereof. .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5201ih/xml/BILLS-113hr5201ih.xml
|
113-hr-5202
|
I 113th CONGRESS 2d Session H. R. 5202 IN THE HOUSE OF REPRESENTATIVES July 24, 2014 Mr. Stockman introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To require notification when personally identifying information is disclosed by a Government agency, and for other purposes.
1. Short title This Act may be cited as the Personal Information Notification Act . 2. Notification of disclosure of personal information by agencies (a) Findings The Congress finds that when personally identifying information is obtained through an agency by an entity outside of the Government without the knowledge of the individual it pertains to, it may constitute an unwarranted invasion of personal privacy, and such individual should be notified that the information was accessed in order to be afforded the opportunity to respond. (b) OMB policies and procedures Not later than the first October 1 after the date of the enactment of this Act, the Director of the Office of Management and Budget shall establish and oversee policies and procedures that require an agency to send a written notification to any individual whose personally identifying information is accessed by a private entity, not later than 30 calendar days after the information was accessed. Such letter shall identify the information accessed and the name of the entity who accessed the information. (c) Contact information The Director of the Office of Management and Budget— (1) may obtain the contact information used to notify an individual by letter described in subsection (b) from sources including a driver’s license and voter registration; and (2) may not obtain such contact information from the Internal Revenue Service or the National Security Agency. (d) Definitions In this section: (1) Agency The term agency has the meaning given that term in section 551 of title 5, United States Code. (2) Personally identifying information The term personally identifying information means any information about an individual maintained by an agency that is not already public information, including, without limitation, education, financial transactions, medical history, and criminal or employment history, and information that can be used to distinguish or trace the identity of an individual, such as a social security number, date and place of birth, mother’s maiden name, and biometric records.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5202ih/xml/BILLS-113hr5202ih.xml
|
113-hr-5203
|
I 113th CONGRESS 2d Session H. R. 5203 IN THE HOUSE OF REPRESENTATIVES July 25, 2014 Mr. Bishop of Utah (for himself, Mr. McClintock , Mr. Calvert , Mr. Schock , Mr. Huizenga of Michigan , Mr. Stockman , and Mr. Westmoreland ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To enhance the operation of the Dwight D. Eisenhower Memorial Commission.
1. Short title This Act may be cited as the Dwight D. Eisenhower Memorial Commission Reform Act . 2. Dwight D. Eisenhower Memorial (a) Amendments Section 8162 of Public Law 106–79 ( 40 U.S.C. 8903 note) is amended as follows: (1) In subsection (c)— (A) in paragraph (2) by striking Members of the Senate and inserting persons ; and (B) in paragraph (3), by striking Members of the House of Representatives and inserting persons . (2) By redesignating subsections (f), (g), (h), (i), (j), (k), (l), (m), (n), (o), (p), and (q) as subsections (g), (h), (i), (j), (k), (l), (m), (o), (p), (q), (r), and (s), respectively. (3) By inserting after subsection (e) the following: (f) Appointments Each appointment of a Commission member shall be made in consultation with the Eisenhower Foundation, a section 501(c)(3) public foundation located in Abilene, Kansas. . (b) Commission termination; staff; records (1) Membership The membership of the Dwight D. Eisenhower Memorial Commission in existence on the date of the enactment of this Act shall terminate on the date of enactment of this Act. New members of the Commission shall be appointed in accordance with section 8162 of Public Law 106–79 , this Act, and the amendments made by this Act. (2) Staff The Executive Director and the staff of the Dwight D. Eisenhower Memorial Commission in existence on the date of enactment of this Act shall cease to be employed by the Commission on the date that is 30 days after the date of enactment of this Act. (3) Records Any records of the Commission in existence on the date that the staff is no longer employed by the Commission under paragraph (2) shall be retained by the General Services Administration or the Secretary of the Interior until such time as a new Dwight D. Eisenhower Memorial Commission is appointed. The records of the former Commission shall be transferred to the newly appointed Commission as soon as possible.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5203ih/xml/BILLS-113hr5203ih.xml
|
113-hr-5204
|
I 113th CONGRESS 2d Session H. R. 5204 IN THE HOUSE OF REPRESENTATIVES July 25, 2014 Mr. Bishop of Utah 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 Lands Recreation Enhancement Act to improve recreation opportunities and increase consistency and accountability in the collection and expenditure of recreation fees collected on public lands and forests, and for other purposes.
1. Short title (a) Short title This Act may be cited as the Federal Lands Recreation Enhancement Modernization Act of 2014 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. References to Federal Lands Recreation Enhancement Act. Sec. 3. Definitions. Sec. 4. Recreation fee authority. Sec. 5. Public participation. Sec. 6. Recreation passes. Sec. 7. Special account. Sec. 8. Expenditures. Sec. 9. Reporting requirements. Sec. 10. Sunset provision. Sec. 11. Volunteers. Sec. 12. Enforcement. Sec. 13. Repeal of superseded admission and use fees. Sec. 14. Relationship to other laws. 2. References to Federal Lands Recreation Enhancement Act Except as otherwise specifically provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a provision, the reference shall be considered to be made to a provision of the Federal Lands Recreation Enhancement Act (title VIII of division J of Public Law 108–447; 16 U.S.C. 6801 et seq. ). 3. Definitions (a) New fee names Paragraphs (1) and (2) of section 802 ( 16 U.S.C. 6801 ) are amended to read as follows: (1) Day Use Fee The term day use fee means the recreation fee authorized by section 803(f). (2) Amenity Fee The term amenity fee means the recreation fee authorized by section 803(g). . (b) Federal land management agency Section 802(4) ( 16 U.S.C. 6801(4) ) is amended by inserting or agency before means the National . (c) Recreation fee Section 802(8) ( 16 U.S.C. 6801(8) ) is amended by striking standard amenity recreation fee, expanded amenity recreation fee and inserting day use fee, amenity fee . (d) New definitions Section 802 ( 16 U.S.C. 6801 ) is further amended— (1) by redesignating paragraphs (10) through (13) as paragraphs (11) through (14), respectively; (2) by inserting after paragraph (9) the following new paragraph: (10) Recreation service provider The term recreation service provider means any entity that provides any recreation service on Federal recreational lands and waters for which the provider charges a fee for the service. ; and (3) by adding at the end the following new paragraph: (15) Unit The term unit means an individual unit of the National Park System, National Forest System, National Wildlife Refuge System, or similar area. . (e) Technical corrections Section 802 ( 16 U.S.C. 6801 ) is further amended— (1) in the matter preceding paragraph (1), by striking this Act and inserting this title ; (2) in paragraph (6), by striking section 5 and inserting section 805 ; (3) in paragraph (9), by striking section 5 and inserting section 805 ; (4) in paragraph (13), as redesignated by subsection (d)(1), by striking section 7 and inserting section 807 ; and (5) in paragraph (14), as redesignated by subsection (d)(1), by striking section 3(h) and inserting section 803(h) . 4. Recreation fee authority (a) Sole authority Section 803(a) ( 16 U.S.C. 6802(a) ) is amended by inserting only after waters . (b) Fee basis Section 803(b) ( 16 U.S.C. 6802(b) ) is amended by striking paragraphs (5) and (6) and inserting the following new paragraph: (5) The Secretary shall consider access to recreation opportunities. . (c) Limitations Section 803(d) ( 16 U.S.C. 6802(d) ) is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking standard amenity recreation fee or expanded amenity recreation fee and inserting day use fee or amenity fee ; (B) by striking subparagraphs (A) through (F) and inserting the following new subparagraph: (A) For any site, area, or activity, except as specifically authorized under this section. ; and (C) by redesignating subparagraphs (G) through (K) as subparagraphs (B) through (F), respectively; and (2) in paragraph (3)— (A) in the matter preceding subparagraph (A), by striking standard amenity recreation fee and inserting day use fee ; and (B) in subparagraph (B), by striking educational purposes by schools or bona fide academic institutions and inserting , non-recreational educational purposes by schools or bona fide academic institutions when the students are pursuing academic credit and the Secretary has provided prior approval for a fee waiver . (d) Entrance fees Section 803(e) ( 16 U.S.C. 6802(e) ) is amended— (1) by redesignating paragraph (2) as paragraph (4); and (2) by inserting after paragraph (1) the following new paragraphs: (2) Policies The Secretary shall— (A) treat a motorcycle or snowmobile, when used as transportation to enter a unit, as a motor vehicle for the purposes of collecting entrance fees and shall charge a consistent per vehicle rate; and (B) determine, by agency, a nationally consistent entrance fee policy and corresponding rate structure, including a schedule for general visitors, commercial and noncommercial recreational tours or groups, and commercial air tours. (3) Transportation Services At a unit of the National Park System where the Secretary provides a transportation service, either as a Government service or through agreement or contract, the Secretary may charge transportation users a transportation fee alone (consistent with section 501 of the National Park Omnibus Management Act of 1998 (16 U.S.C. 5981) and other authorities) or in combination with an entrance fee. However, the transportation fee or combined transportation and entrance fee may not exceed the entrance fee charged at other similar units as identified in the national entrance fee policy under paragraph (2)(B). . (e) Day use fee Subsection (f) of section 803 ( 16 U.S.C. 6802 ) is amended to read as follows: (f) Day Use Fee (1) Authorized sites for day use fees The Secretary may charge a day use fee for Federal recreational lands and waters under the jurisdiction of the Bureau of Land Management, the Bureau of Reclamation, or the Forest Service at the following: (A) A National Conservation Area. (B) A National Volcanic Monument. (C) A destination visitor or interpretive center that provides a broad range of interpretative services, programs and media. (D) Sites of concentrated public use that are managed primarily for outdoor recreation purposes where there has been a substantial Federal investment in facilities and services that are necessary to accommodate heavy public use, public access to the site is provided in such a manner that fees can be effectively collected at one or more centralized locations, the site has regularly serviced and well maintained toilet facilities and contains at least four of the following: (i) Designated developed parking. (ii) Trash collection. (iii) Permanent interpretative materials. (iv) Picnic tables. (v) Routine presence of agency personnel. (2) Single fee for multiple sites If there are two or more sites of concentrated public use located within one-half mile of each other, the Secretary may charge a single day use fee for the sites and the area between the sites. (3) Policy The Secretary shall determine, by agency, a nationally consistent day use fee policy and rate structure. (4) Initial implementation (A) Initial list of fee sites No later than 180 days after the date of the enactment of the Federal Lands Recreation Enhancement Modernization Act of 2014 , the Secretary shall— (i) publish in the Federal Register and on the agency’s website a list of all sites for which day use fees are proposed to be collected; and (ii) provide a 60-day public comment period regarding such list. (B) Final list of fee sites No later than 120 days after the close of the public comment period required by subparagraph (A)(ii), the Secretary shall publish in the Federal Register and on the agency’s website the final list of sites for which day use fees are to be collected. (5) Transition The Secretary may continue to collect fees in effect on the date of the enactment of Federal Lands Recreation Enhancement Modernization Act of 2014 for a period not to exceed 180 days from the date the final list of day use fee sites is published pursuant to paragraph (4)(B). However, the Secretary may not increase or impose new fees using this transition authority. . (f) Amenity fee Section 803(g) ( 16 U.S.C. 6802(g) ) is amended— (1) in the subsection heading, by striking Expanded Amenity Recreation and inserting Amenity ; (2) by striking paragraph (1); (3) by redesignating paragraph (2) as paragraph (1) and in such paragraph— (A) in the matter preceding subparagraph (A)— (i) by striking expanded amenity recreation fee, either in addition to a standard amenity fee and inserting amenity fee, either in addition to a day use fee or entrance fee ; and (ii) by striking under the jurisdiction of the Forest Service, the Bureau of Land Management, or the Bureau of Reclamation, but only ; (B) in subparagraph (A)— (i) by striking Tent and inserting Developed tent ; and (ii) by striking clauses (vii) through (ix) and inserting the following new clauses: (vii) Trash collection. (viii) Regularly serviced and well maintained toilet facilities. ; (C) in subparagraph (E), by inserting before the period the following: when the user has not paid an amenity fee under subparagraph (A) the prior night ; (D) by striking subparagraph (F) and inserting the following new subparagraph: (F) Highly specialized interpretative programs; guided walks, talks, and tours of substantial length; programs that require specialized equipment; specialized non-public programs; and other interpretative services for which the Secretary incurs significant costs. However, before the Secretary may charge a fee for interpretative programs, the Secretary shall identify basic interpretative programs and services, including tours required to provide basic visitor access to a primary resource in a unit, that will be provided free of charge. ; (E) in subparagraph (H), by inserting before the period the following: subject to subsection (e)(3) ; and (F) in subparagraph (J)— (i) in the matter preceding clause (i), by inserting or hot spring after swimming sites ; (ii) in clause (i), by striking flush toilets and inserting regularly serviced and well maintained toilets ; (iii) in clause (ii), by striking Refuse containers and inserting Trash collection ; and (iv) in clause (v), by inserting or swimming instructors after lifeguards ; and (4) by adding at the end the following new paragraph: (2) National Park Service and United States Fish and Wildlife Service Additional Authority Except as limited by subsection (d), the Secretary may charge an additional amenity fee at Federal recreational lands and waters under the jurisdiction of the National Park Service and the United States Fish and Wildlife Service when the Secretary determines that the visitor uses a specific or specialized facility, equipment, or service not otherwise included under paragraph (1). . (g) Special Recreation Permit and Fee Subsection (h) of section 803 ( 16 U.S.C. 6802 ) is amended to read as follows: (h) Special Recreation Permit and Fee (1) In General The Secretary may— (A) issue a special recreation permit for Federal recreational lands and waters; and (B) charge a special recreation permit fee in connection with the issuance of the permit. (2) Special Recreation Permits The Secretary may issue special recreation permits in the following circumstances: (A) For specialized individual and group use of Federal facilities and Federal recreational lands and waters, such as, but not limited to, use of special areas or areas where use is allocated, motorized recreational vehicle use, and group activities or events. (B) To recreation service providers who conduct outfitting, guiding, and other recreation services on Federal recreational lands and waters managed by the Forest Service, Bureau of Land Management, Bureau of Reclamation, and the United States Fish and Wildlife Service. (C) To recreation service providers who conduct recreation or competitive events, which may involve incidental sales on Federal recreational lands and waters managed by the Forest Service, Bureau of Land Management, Bureau of Reclamation, and the United States Fish and Wildlife Service. (3) Reduction in Federal Costs To reduce Federal costs in administering this subsection, the issuance of a new special recreation permit for activities under paragraph (2)(B) that have been considered under previous analysis or that are similar to existing uses or are not inconsistent with approved uses and will not substantially increase the use of an area shall not constitute a major Federal action for the purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (4) Single Permits The Secretary may issue a single permit, administered by one agency (including the National Park Service), to authorize a recreation service provider to provide services or for an event on lands managed by multiple agencies. The authorized official in the agency issuing the permit under this authority must have a delegation of authority for the administration of the permit from the other relevant agencies and must comply with the applicable laws of each relevant agency. Nothing in this subsection shall alter, expand, or limit the applicability of any public law or regulation to lands administered by the participating agencies. (5) Guidelines and Permit Fee Calculation (A) Guidelines and exclusion of certain revenues The Secretary shall publish guidelines in the Federal Register for how recreation permit fees shall be established that will provide appropriate deductions for revenue from goods, services, or activities provided by the recreation service provider outside Federal recreational lands and waters and a deduction for fees to paid for other Federal lands if separate permits are issued for a single event. (B) Revenue exclusions Revenue exclusions under subparagraph (A) shall include, but not be limited to, revenue from goods or services provided by the recreation service provider outside the Federal recreational lands and waters, such as— (i) costs for transportation, lodging, and other services before or after a trip begins; (ii) deductions for activities outside public lands or on other Federal lands if separate permits are issued. (C) Fee conditions The fee charged by the Secretary for a permit issued under paragraph (2)(B) shall not exceed 3 percent of the recreational service provider’s annual gross revenue for activities authorized by the permit, plus applicable revenue additions, minus applicable revenue exclusions or a similar flat per person fee. The fee charged by the Secretary for a permit issued under paragraph (2)(C) shall include appropriate reductions and additions based on the direct costs incurred by the Secretary for management of the event. (6) Bureau of Land Management The Secretary may issue a recreation concession permit to authorize a third party to provide facilities and services to visitors on Federal recreational lands and waters managed by the Bureau of Land Management in support of outdoor recreational opportunities in accordance with the applicable land use plan. Any such permit shall provide for monetary compensation to the Federal Government for the rights and privileges provided, with collected funds deposited in the accounts established under section 807 of this Act, to be available without further appropriation and to remain available until expended. Facilities and services provided under existing recreation concessions and recreation lease agreements on Bureau of Land Management managed public lands may continue pursuant to the terms and conditions of each agreement. (7) Stewardship Program (A) Establishment Within 18 months after the date of the enactment of the Federal Lands Recreation Enhancement Modernization Act of 2014 , the Secretary shall establish, at no fewer than 20 sites located on Federal recreational lands and waters administered by the Forest Service and the Bureau of Land Management, a stewardship program for recreation service providers involving credit against a required special recreation permit fee in exchange for otherwise unreimbursed maintenance and resource protection work performed with the permission of the relevant Federal agency. (B) Eligibility Under the stewardship program required by this paragraph, a recreation service provider shall submit to the Secretary— (i) the provider’s qualifications to adequately and safely perform the proposed maintenance and resource protection work; (ii) an itemized accounting of labor and material costs associated with such maintenance and resource protection work; (iii) a commitment to share the costs of the proposed maintenance and resource protection work; and (iv) permission from the relevant Federal agency to perform the proposed maintenance and resource protection work. (C) Review and approval The Secretary shall review promptly a proposal submitted to participate in the stewardship program and approve any such submission that the Secretary finds adequately meets the eligibility criteria specified in subparagraph (B). (D) Report Not later than three years after the date of the enactment of the Federal Lands Recreation Enhancement Modernization Act of 2014 , 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 status report on the stewardship program, including the number of participating sites, total amount of the credits granted, and suggestions for revising the program. (8) Disclosure of fees A holder of a special recreation permit may inform its customers of the various fees charged by the Secretary under this title. . (h) Additional provisions Section 803 ( 16 U.S.C. 6802 ) is further amended by adding at the end the following new subsections: (i) Notice of recreational fees and recreation passes The Secretary shall post clear notice of any fee and available recreation passes at appropriate locations at each site of Federal recreational lands and waters for which any fee is charged. The Secretary shall include such notice in publications distributed at the unit and on agency websites. (j) Use of technology To the extent practicable, the Secretary shall use technology and automation to increase accountability, efficiency, and the convenience of paying recreation fees. (k) Visitor centers (1) In general Subject to valid existing rights, the Secretary shall not enter into agreements for the operation of a visitor center with private for-profit or non-profit organizations that intend to charge a fee for visitors to access a visitor center or a basic visitor center exhibit. (2) Exceptions Nothing in paragraph (1) prohibits the Secretary from— (A) charging a recreation fee at a visitor or interpretative center as otherwise provided for in this title; or (B) entering into a fee management agreement for the collection of the recreation fee. (l) Congressional Approval of Certain New or Increased Fees (1) Submission of list of existing fees Within six months after the date of the enactment of the Federal Lands Recreation Enhancement Modernization Act of 2014 , the Secretary shall— (A) compile a comprehensive list of all fees (except special recreation permit fees) charged at Federal recreational lands and waters by Federal land management agencies as of the date of the enactment of the Federal Lands Recreation Enhancement Modernization Act of 2014 ; and (B) submit this list to the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. (2) Prohibition on new fees or fee increases Except as provided in paragraphs (3), (4), and (5), the Secretaries may not increase or impose any new entrance fees, day use fees, or amenity fees. (3) Submission of proposed fee schedule By June 1 of each year, the Secretaries shall propose a single schedule of any new or increased entrance fees, day use fees, or amenity fees and transmit this schedule to the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. (4) Congressional approval required No new or increased entrance fee, day use fee, or amenity fee may be imposed unless approved by Act of Congress. (5) Emergency situations If the Secretaries determine that recreational opportunities on Federal recreational lands and waters would be severely curtailed or that an emergency affecting human health or unforeseen events exists, the Secretaries may transmit proposed selective new or increased entrance fees, day use fees, or amenity fees to the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives and the Committee on Energy and Natural Resources of the Senate for approval by Act of Congress. (m) Grandfathering existing permits Any special recreation permit issued under this title before the date of the enactment of the Federal Lands Recreation Enhancement Modernization Act of 2014 shall continue— (1) to be managed pursuant to this section, as in effect on the day before the date of the enactment of the Federal Lands Recreation Enhancement Modernization Act of 2014 ; and (2) to be valid and remain in effect, under its terms and notwithstanding section 810, until the permit expires, is revoked, or is suspended according to the terms of the permit. (n) Discounted or free admission days or use The Secretary may provide free admission or use days of Federal recreational lands and waters. The Secretary shall not establish any additional discounts except as provided in this title or by another provision of law. . (i) Technical corrections Section 803(d) ( 16 U.S.C. 6802(d) ) is further amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking this Act and inserting this title ; and (B) in subparagraph (B), as redesignated by subsection (c)(1)(C), by striking part of the Federal-aid System and inserting Federal-aid highway ; and (2) in paragraph (4), by striking this Act and inserting this title . 5. Public participation Section 804 ( 16 U.S.C. 6803 ) is amended— (1) in subsection (a), by striking this Act and inserting this title ; and (2) by striking subsections (b), (c), (d), and (e) and inserting the following new subsections: (b) Entrance Fees, Day Use Fees, and Amenity Fees For entrance fees, day use fees and amenity fees, the Secretary may— (1) publish notice in the Federal Register of any unit newly subject to an entrance fee, day use fee, or amenity fee; (2) publish on the website recreation.gov or another similar interagency website, in local newspapers, on agency websites, at proposed and established collection points, on social media applications, and in publications distributed near the site for which the fee would be collected— (A) any proposed new or increased fee; (B) the unit and agency proposing the new or increased fee; (C) the process by which to comment on the proposed new or increased fee; and (D) subject to paragraph (3), when the opportunity for comment closes; (3) allow at least 60 days public comment after publication of notice under paragraph (2); (4) at least 120 days before the implementation of the new or increased fee, publish notice of a decision to implement a new or increased fee in local newspapers, on the agency websites, at proposed and established collection points, on social media applications, and in publications distributed near the site for which the fee will be collected; and (5) not less frequently than every other year, solicit public comment for at least 60 days on how fee revenue should be expended at each unit. (c) Special Recreation Permit Fees For special recreation permit fees authorized by section 803(h)(2)(A), the Secretary shall— (1) if the fee is for reoccurring recreational uses for which standard fee rates can be established, follow, to the extent practicable and appropriate, the procedures in subsection (b); and (2) if the fee is based on recovering the costs associated with issuing and managing the permit, establish guidelines for how fees will be established and publish the guidelines in the Federal Register. (d) New Concession Opportunities The Secretary shall provide an opportunity for public involvement 180 days before a new site or area, including a campground, is offered as a new concession opportunity on Federal recreational lands and waters under the jurisdiction of the Forest Service or Bureau of Land Management by publishing a notice in the Federal Register and soliciting comments. . 6. Recreation passes (a) America the Beautiful—The National Parks and Federal Recreational Lands Pass Section 805(a) ( 16 U.S.C. 6804(a) ) is amended— (1) in paragraph (1)— (A) by inserting be available to United States citizens and permanent residents and before cover ; and (B) by striking standard amenity recreation fee and inserting day use fee both places it appears; (2) in paragraph (2)— (A) by striking shall hold an annual and inserting may hold a ; and (B) by striking “for an year.” and all that follows through the end of the following sentence and inserting a period; (3) in paragraph (5), by adding at the end the following new sentence: The Secretaries shall adjust the price of the National Parks and Federal Recreational Lands Pass once every three years to reflect the change in the Consumer Price Index for All Urban Consumers (CPI–U) over the same period, rounding figures so as to increase or decrease the price in even five-dollar increments. ; (4) in paragraph (6)(A), by striking standard amenity recreation fee and inserting day use fee ; (5) in paragraph (9), by adding or discount pass after pass ; and (6) by adding at the end the following new paragraph: (10) Pass Use Study The Secretaries shall conduct a study to evaluate how, where, and the extent to which the National Parks and Federal Recreational Lands Pass is used and 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. . (b) Discounted passes Section 805(b) ( 16 U.S.C. 6804(b) ) is amended— (1) in paragraph (2), by inserting or is a veteran with a service-connected disability, as defined in section 101 of title 38, United States Code before , if the citizen or person ; and (2) by adding at the end the following new paragraphs: (3) United states armed forces discount The Secretary may make an annual National Parks and Federal Recreational Lands Pass available without charge to any member of the United States Army, Navy, Air Force, Marine Corps, and Coast Guard if such person presents a Common Access card or similar identification as determined by the Secretary. (4) Amenity fee discount The National Parks and Federal Recreational Lands Pass made available under paragraphs (1) and (2) shall include an amenity fee discount as charged under section 803(g)(1)(A). (5) Prohibition on other discounted passes The Secretary may not establish any discounted passes, except as provided in this section. . (c) Site-Specific agency passes Section 805(c) ( 16 U.S.C. 6804(c) ) is amended by striking standard amenity recreation fee and inserting day use fee . (d) Discounted or free admission days or use Section 805 ( 16 U.S.C. 6804 ) is amended— (1) by striking subsection (e); and (2) by redesignating subsection (f) as subsection (e). (e) Pass and Discount Acceptance by Concessionaires Section 805 ( 16 U.S.C. 6804 ) is further amended by adding at the end the following new subsection: (f) Pass and Discount Acceptance by Concessionaires (1) Acceptance Subject to valid existing rights, and to the extent reimbursement is practical, the Secretary shall require concessionaires operating federally owned campgrounds and day use facilities on Federal recreational lands and waters to accept a recreational pass issued under this title or section 4 of the Land and Water Conservation Fund Act of 1965 ( 16 U.S.C. 460l–6a ) for discounted or free use, as applicable. (2) Reimbursement To the extent practicable, the Secretary shall reimburse a concessionaire in part or in whole for acceptance under paragraph (1) of a recreational pass in an amount not to exceed the total land use or franchise fee due to the Federal Government. . (f) Technical correction Section 805(a)(6)(B) ( 16 U.S.C. 6804(a)(6)(B) ) is amended by striking section 6 and inserting section 6805 . 7. Special account (a) Distribution of revenues Section 807(c)(1) ( 16 U.S.C. 6806(c)(1) ) is amended— (1) by striking or area each place it appears; (2) in subparagraph (A), by striking 80 percent and inserting 90 percent ; and (3) in subparagraph (B), by adding at the end the following new sentence: The Secretary shall provide notice to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate whenever an allocation is being reduced. . (b) Technical corrections Section 807 ( 16 U.S.C. 6806 ) is amended— (1) in subsection (b), by striking this Act and inserting this title ; (2) in subsection (d), by striking section 5(a)(7) and inserting section 6804(a)(7) ; and (3) in subsection (e), by striking section 5(d) and inserting section 6804(d) . 8. Expenditures (a) Use of fees at specific site or area Section 808(a) ( 16 U.S.C. 6807(a) ) is amended— (1) by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; (2) by inserting after paragraph (1) the following new paragraph: (2) shall be used to develop and enhance existing recreation opportunities; (3) shall directly benefit visitors to Federal recreational lands and waters; ; and (3) in paragraph (5), as redesignated by paragraph (1)— (A) in subparagraph (A), by inserting visitor before health ; and (B) by striking subparagraph (E) and inserting the following new subparagraph: (E) capital construction costs associated with administering the recreation fee program; and . (b) Limitation on use of fees Section 808(b) ( 16 U.S.C. 6807(b) ) is amended by striking the period at the end and inserting the following: , reducing or limiting visitor access, to remove or close facilities except when those facilities are being replaced or updated, and acquisition of lands and waters. . (c) Overhead, Administrative, and Collection Costs Cap Subsection (c) of section 808 ( 16 U.S.C. 6807 ) is amended to read as follows: (c) Overhead, Administrative, and Collection Costs Cap (1) Overhead and administrative costs The Secretary may not use more than five percent of total revenues collected annually under this title for overhead and administrative costs. (2) Collection costs The Secretary may not spend more than 20 percent of total revenues collected annually under this title for all direct fee collection costs. (3) Use of certain revenues Revenues from special recreation permits issued to recreation service providers under subparagraphs (B) and (C) of section 803(h)(1) shall be used— (A) to partially offset the Secretary’s direct cost of administering the permits; and (B) to improve and stream-line the permitting process. . (d) Notice of Fee Projects Section 808 ( 16 U.S.C. 6807 ) is amended by adding at the end the following new subsection: (e) Notice of Fee Projects To the extent practicable, the Secretary shall post clear notice of locations where work is performed using recreation fee or recreation pass revenues collected under this title. . (e) Technical corrections Section 808 ( 16 U.S.C. 6807 ) is further amended— (1) in subsection (a)(5)(F), as redesignated by subsection (a)(1), by striking section 6(a) and inserting section 6805(a) ; and (2) in subsection (d)— (A) in the matter preceding paragraph (1), by striking this Act and inserting this title ; (B) in paragraph (1), by striking section 5(a)(7) and inserting section 6804(a)(7) ; and (C) in paragraph (2), by striking section 5(d) and inserting section 6804(d) . 9. Reporting requirements Section 809 ( 16 U.S.C. 6808 ) is amended to read as follows: 809. Reporting requirements (a) Cost accounting systems The Secretaries shall develop and maintain cost accounting systems necessary to accurately track, manage, and report fee receipts and expenditures at each unit. The Secretary may extend fee revenue to acquire and develop such systems as needed, as a direct operating or administration cost allowed under section 808(c). (b) Annual reporting No later than May 1, 2016, and annually thereafter, the Secretary shall compile by each agency, broken down by unit, a separate accounting for the preceding fiscal year of— (1) total recreational fee revenue collected by type; (2) expenditures by project from these accounts; (3) a description of how expenditure benefitted visitors to the unit; (4) any new fees established; and (5) any changes in existing fees. (c) Submission No later than June 1 of each year, the Secretary shall— (1) display all information required under this section prominently on each agency’s website and on the website identified in section 804(b)(2); and (2) provide notice of such information to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. (d) Audits The Secretary shall develop a program of regular audits at fee collection units to ensure accountability of funds collected under this title and all expenditures under this title. . 10. Sunset provision Section 810 ( 16 U.S.C. 6809 ) is amended— (1) by striking this Act and inserting this title ; and (2) by striking 10 years after the date of the enactment of this Act and inserting on December 31, 2020 . 11. Volunteers (a) Waiver or discount of fees; site-Specific agency pass Section 811(b) ( 16 U.S.C. 6810(b) ) is amended by striking standard amenity recreation fee, or an expanded amenity recreation fee and inserting day use fee, or amenity fee . (b) Technical corrections Section 811 ( 16 U.S.C. 6810 ) is amended— (1) in subsection (b), by striking section 5(c) and inserting section 6804(c) ; (2) in subsection (c), by striking section 5(a)(7) and inserting section 6804(a)(7) ; and (3) in subsection (d), by striking section 5(d) and inserting section 6804(d) . 12. Enforcement (a) Required payment Section 812 ( 16 U.S.C. 6811 ) is amended— (1) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; and (2) by inserting after subsection (a) the following new subsection: (b) Required payment (1) In general Any person within a site or an area for which an entrance fee or day use fee is charged is required to pay the entrance fee or day use fee. (2) Exception Paragraph (1) does not apply to a person who— (A) is using a valid National Parks and Federal Recreational Lands Pass; or (B) is a volunteer with a waiver or discount of fees under section 811(b). (3) Receipt Upon payment of an entrance fee or day use fee by a person, the Secretary shall provide for the issuance to the person of a nontransferable receipt or other form of proof of payment, valid for entry and reentry into the same site or area for a period of no less than one day. . (b) Technical corrections Section 812 ( 16 U.S.C. 6811 ) is further amended— (1) in subsection (a), by striking this Act and inserting this title ; and (2) in subsection (e), as redesignated by subsection (a)(1), by striking this Act and inserting this title . 13. Repeal of superseded admission and use fees (a) Repeal of additional provisions Section 813(a) ( 16 U.S.C. 6812(a) ) is amended by striking and (i) (except for paragraph (1)(C)) and inserting (i), (l), (m), and (n) (except for paragraph (5)) . (b) Transition Section 813 ( 16 U.S.C. 6812 ) is amended by adding at the end the following new subsection: (g) Transition The Secretaries may continue to collect recreational fees in existence on the date of the enactment of the Federal Lands Recreation Enhancement Modernization Act of 2014 for up to 18 months after the date of the enactment of such Act during which time the Secretaries shall bring their relevant recreation fee structures into compliance with the amendments made by such Act. . (c) Technical corrections Section 813 ( 16 U.S.C. 6812 ) is further amended— (1) in subsection (a), by striking section 5(a)(3) and inserting section 6804(a)(3) ; (2) in subsection (d), by striking section 5(a)(3) and inserting section 6804(a)(3) ; (3) in subsection (e)— (A) in paragraph (1)— (i) by striking this Act both places it appears and inserting this title ; and (ii) by striking section 7 and inserting section 6806 ; (B) in paragraph (2)— (i) by striking this Act and inserting this title ; and (ii) by striking section 5(a)(3) and inserting section 6804(a)(3) ; (C) in paragraph (3), by striking this Act both places it appears and inserting this title ; and (D) in paragraph (4), by striking this Act both places it appears and inserting this title ; and (4) in subsection (f), by striking this Act both places it appears and inserting this title . 14. Relationship to other laws (a) In general Section 814 ( 16 U.S.C. 6813 ) is amended by adding at the end the following new subsection: (g) Pass acceptance by concessionaires A concession contract or permit for recreation services that is otherwise within the scope of an exemption from chapter 67 of title 41, United States Code, shall not be outside the scope of that exemption because the concessionaire or recreation service provider accepts a recreation pass or provides a discount under section 803 of this title. . (b) Technical corrections Section 814 ( 16 U.S.C. 6813 ) is further amended— (1) in subsection (a), by striking this Act and inserting this title ; (2) in subsection (b)— (A) in the matter preceding paragraph (1)— (i) by striking this Act and inserting this title ; and (ii) by striking section 6(a) and inserting section 6805(a) ; and (B) in paragraph (5), by striking August 8, 1937 and inserting August 28, 1937 ; and (3) in subsections (c) through (f), by striking this Act each place it appears and inserting this title .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5204ih/xml/BILLS-113hr5204ih.xml
|
113-hr-5205
|
I 113th CONGRESS 2d Session H. R. 5205 IN THE HOUSE OF REPRESENTATIVES July 25, 2014 Mr. Amodei (for himself, Mr. Horsford , Mr. Heck of Nevada , and Ms. Titus ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To authorize certain land conveyances involving public lands in northern Nevada to promote economic development and conservation, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Northern Nevada Land Conservation and Economic Development Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Title I—Pine Forest Range Recreation Enhancement Act Sec. 101. Short title. Sec. 102. Definitions. Sec. 103. Addition to National Wilderness Preservation System. Sec. 104. Administration. Sec. 105. Release of wilderness study areas. Sec. 106. Wildlife management. Sec. 107. Land exchanges. Sec. 108. Native American cultural and religious uses. Title II—Lyon County Economic Development and Conservation Act Sec. 201. Short title; table of contents. Sec. 202. Land conveyance to Yerington, Nevada. Sec. 203. Addition to National Wilderness Preservation System. Sec. 204. Withdrawal. Sec. 205. Native American cultural and religious uses. Title III—Carlin Economic Self-Determination Act Sec. 301. Conveyance of certain Federal land to City of Carlin, Nevada. Title IV—Fernley Economic Self-Determination Act Sec. 401. Definitions. Sec. 402. Conveyance of certain Federal land to City of Fernley, Nevada. Sec. 403. Release of United States. Title V—Restoring Storey County Act Sec. 501. Short title. Sec. 502. Definitions. Sec. 503. Conveyance of Federal land in Storey County, Nevada. Title VI—Elko Motocross and Tribal Conveyance Act Sec. 601. Short title. Sec. 602. Definition of Secretary. Subtitle A—Elko Motocross Land Conveyance Sec. 611. Definitions. Sec. 612. Conveyance of land to Elko County. Subtitle B—Trust land for Te-moak Tribe of Western Shoshone Indians of Nevada Sec. 621. Land to be held in trust for the Te-moak Tribe of Western Shoshone Indians of Nevada. Title VII—Naval Air Station Fallon Housing and Safety Development Act Sec. 701. Short title. Sec. 702. Transfer of Department of the Interior land. Sec. 703. Water rights. Sec. 704. Withdrawal. I Pine Forest Range Recreation Enhancement Act 101. Short title This title may be cited as the Pine Forest Range Recreation Enhancement Act . 102. Definitions In this title: (1) County The term County means Humboldt County, Nevada. (2) Map The term Map means the map entitled Proposed Pine Forest Range Wilderness Area and dated October 28, 2013. (3) Secretary The term Secretary means the Secretary of the Interior. (4) State The term State means the State of Nevada. (5) Wilderness The term Wilderness means the Pine Forest Range Wilderness designated by section 103(a). 103. Addition to National Wilderness Preservation System (a) Designation In furtherance of the purposes of the Wilderness Act ( 16 U.S.C. 1131 et seq. ), the approximately 26,000 acres of Federal land managed by the Bureau of Land Management, as generally depicted on the Map, is designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the Pine Forest Range Wilderness . (b) Boundary (1) Road access The boundary of any portion of the Wilderness that is bordered by a road shall be 100 feet from the edge of the road. (2) Road Adjustments The Secretary shall— (A) reroute the road running through Long Meadow to the west to remove the road from the riparian area; (B) reroute the road currently running through Rodeo Flat/Corral Meadow to the east to remove the road from the riparian area; (C) except for administrative use, close the road along Lower Alder Creek south of Bureau of Land Management road #2083; (D) manage the access road, through Little Onion Basin, on the east side of the wet meadow to retain travel only on the road existing on the date of the enactment of this Act; and (E) permanently leave open the Cove Creek road to Little Onion Basin, but close connecting spur roads. (3) Little Onion basin Remove Little Onion Basin from the boundaries of the Wilderness and from wilderness designation. (4) Reservoir access The access road to the Little Onion Reservoir dam will remain open and the boundary of the Wilderness shall be 160 feet downstream from the dam at Little Onion Reservoir to allow public access and dam maintenance. (c) Map and legal description (1) In general As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description of the Wilderness. (2) Effect The map and legal description prepared under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary may correct clerical and typographical errors in the map or legal description. (3) Availability The map and legal description prepared under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (d) Withdrawal Subject to valid existing rights, the Wilderness is withdrawn from— (1) all forms of entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws relating to mineral and geothermal leasing or mineral materials. 104. Administration (a) Management Subject to valid existing rights, the Wilderness shall be administered by the Secretary in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ), except that— (1) any reference in the Wilderness Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act; and (2) any reference in the Wilderness Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary. (b) Livestock The grazing of livestock in the Wilderness, if established before the date of enactment of this Act, is compatible with the Wilderness designation and shall continue, subject to such reasonable regulations, policies, and practices as the Secretary considers to be necessary in accordance with— (1) section 4(d)(4) of the Wilderness Act ( 16 U.S.C. 1133(d)(4) ); and (2) the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (House Report 101–405). (c) Adjacent management (1) In general Congress does not intend for the designation of the Wilderness to create a protective perimeter or buffer zone around the Wilderness. (2) Nonwilderness activities The fact that nonwilderness activities or uses can be seen, heard, or detected from areas within the Wilderness shall not preclude, limit, control, regulate or determine the conduct or management of the activities or uses outside the boundary of the Wilderness. (d) Military overflights Nothing in this Act restricts or precludes— (1) low-level overflights of military aircraft over the Wilderness, including military overflights that can be seen, heard, or detected within the Wilderness; (2) flight testing and evaluation; or (3) the designation or creation of new units of special use airspace, or the establishment of military flight training routes, over the Wilderness. (e) Wildfire, insect, and disease management In accordance with section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d)(1) ), the Secretary may take such measures in the Wilderness as are necessary for the control of fire, insects, and diseases (including, as the Secretary determines to be appropriate, the coordination of the activities with a State or local agency). (f) Wildfire management operations Nothing in this Act shall be construed to preclude a Federal, State, or local agency from conducting wildfire management or prevention operations (including operations using aircraft or mechanized equipment) or to interfere with the authority of the Secretary to authorize mechanical thinning of trees or underbrush to prevent or control the spread of wildfires or the use of mechanized equipment for wildfire pre-suppression and suppression. (g) Water rights (1) Purpose The purpose of this section is to protect the wilderness recreation value of the land designated as wilderness by this title by means other than a federally reserved water right. (2) Statutory construction Nothing in this title— (A) constitutes an express or implied reservation by the United States of any water or water rights with respect to Wilderness; (B) affects any water rights in the State (including any water rights held by the United States) in existence on the date of enactment of this Act; (C) establishes a precedent with regard to any future wilderness designations; (D) affects the interpretation of, or any designation made under, any other Act; or (E) limits, alters, modifies, or amends any interstate compact or equitable apportionment decree that apportions water among and between the State and other States. (3) Nevada water law The Secretary shall follow the procedural and substantive requirements of State law in order to obtain and hold any water rights not in existence on the date of enactment of this Act with respect to the Wilderness. (4) New projects (A) Definition of water resource facility (i) In general In this paragraph, the term water resource facility means irrigation and pumping facilities, reservoirs, water conservation works, aqueducts, canals, ditches, pipelines, wells, hydropower projects, transmission and other ancillary facilities, and other water diversion, storage, and carriage structures. (ii) Exclusion In this paragraph, the term water resource facility does not include wildlife guzzlers. (B) Restriction on new water resource facilities Except as otherwise provided in this title, on or after the date of enactment of this Act, neither the President nor any other officer, employee, or agent of the United States shall fund, assist, authorize, or issue a license or permit for the development of any new water resource facility within a wilderness area, any portion of which is located in the County. 105. Release of wilderness study areas (a) In general The Blue Lakes and Alder Creek wilderness study areas not designated as wilderness by section 104(a) have been adequately studied for wilderness character and wilderness designation pursuant to section 603 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782 ) and are no longer subject to any requirement pertaining to the management of wilderness or wilderness study areas, including the approximately 990 acres in the following locations: (1) Lower Adler Creek Basin. (2) Little Onion Basin. (3) Lands east of Knott Creek reservoir. (4) Portions of Corral Meadow and the Blue Lakes trailhead. (b) Release Any public land described in subsection (a) that is not designated as wilderness by this Act— (1) is no longer subject to— (A) section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ); and (B) Secretarial Order 3310 issued on December 22, 2010; (2) shall be managed in accordance with— (A) land management plans adopted under section 202 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 ), with strict adherence to the provisos of subsection (b)(1) in this section; and (B) cooperative conservation agreements in existence on the date of enactment of this Act; and (3) shall be subject to the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ). 106. Wildlife management (a) In general In accordance with section 4(d)(7) of the Wilderness Act ( 16 U.S.C. 1133(d)(7) ), nothing in this title affects or diminishes the jurisdiction of the State with respect to fish and wildlife management, including the regulation of hunting, fishing, and trapping, in the Wilderness. (b) Management activities In furtherance of the purposes and principles of the Wilderness Act ( 16 U.S.C. 1131 et seq. ), the Secretary may conduct any management activities in the Wilderness that are necessary to maintain or restore fish and wildlife populations and the habitats to support those populations, if the activities are carried out— (1) consistent with relevant wilderness management plans; and (2) in accordance with— (A) the Wilderness Act ( 16 U.S.C. 1131 et seq. ); and (B) appropriate policies, such as those set forth in Appendix B of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (House Report 101–405), including the occasional and temporary use of motorized vehicles if the use, as determined by the Secretary, would promote healthy, viable, and more naturally distributed wildlife populations that would enhance wilderness recreation with the minimal impact necessary to reasonably accomplish those tasks, including but not limited to, the hunting or culling of wildlife and access for persons with disabilities. (c) Existing activities Consistent with section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d)(1) ) and in accordance with appropriate policies such as those set forth in Appendix B of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (House Report 101–405), the State may continue to use aircraft, including helicopters, to survey, capture, transplant, monitor, and provide water for wildlife in the Wilderness. (d) Emergency Closures Nothing in this title prohibits a Federal land management agency from establishing or implementing emergency closures or restrictions of the smallest practicable area to provide for public safety, resource conservation, national security, or other purposes as authorized by law. Such an emergency closure shall terminate after a reasonable period of time, but no longer than one year, unless converted to a permanent closure consistent with Federal statute. (e) Memorandum of understanding (1) In general The State, including a designee of the State, may conduct wildlife management activities in the Wilderness— (A) in accordance with the terms and conditions specified in the cooperative agreement between the Secretary and the State entitled Memorandum of Understanding between the Bureau of Land Management and the Nevada Department of Wildlife Supplement No. 9 and signed November and December 2003, including any amendments to the cooperative agreement agreed to by the Secretary and the State; and (B) subject to all applicable laws (including regulations). (2) References; clark county For the purposes of this subsection, any reference to Clark County in the cooperative agreement described in paragraph (1)(A) shall be considered to be a reference to the Pine Forest Range Wilderness. 107. Land exchanges (a) Definitions In this section: (1) Federal land The term Federal land means Federal land in the County that is identified for disposal by the Secretary through the Winnemucca Resource Management Plan. (2) Non-Federal land The term non-Federal land means land identified on the Map as non-Federal lands for exchange . (b) Acquisition of land and interests in land Consistent with applicable law and subject to subsection (c), the Secretary may exchange the Federal land for non-Federal land. (c) Conditions Each land exchange under subsection (a) shall be subject to— (1) the condition that the owner of the non-Federal land pay not less than 50 percent of all costs relating to the land exchange, including the costs of appraisals, surveys, and any necessary environmental clearances; and (2) such additional terms and conditions as the Secretary may require. (d) Deadline for completion of land exchange It is the intent of Congress that the land exchanges under this section be completed by not later than 5 years after the date of enactment of this Act. 108. Native American cultural and religious uses Nothing in this Act alters or diminishes the treaty rights of any Indian tribe (as defined in section 204 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b )). II Lyon County Economic Development and Conservation Act 201. Short title; table of contents This title may be cited as the Lyon County Economic Development and Conservation Act . 202. Land conveyance to Yerington, Nevada (a) Definitions In this section: (1) City The term City means the city of Yerington, Nevada. (2) Federal land The term Federal land means the land located in Lyon County and Mineral County, Nevada, that is identified on the map as City of Yerington Sustainable Development Conveyance Lands . (3) Map The term map means the map entitled Yerington Land Conveyance and dated December 19, 2012. (4) Secretary The term Secretary means the Secretary of the Interior. (b) Conveyances of land to city of yerington, Nevada (1) In general Not later than 180 days after the date of enactment of this Act, subject to valid existing rights and notwithstanding the land use planning requirements of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 , 1713), the Secretary shall convey to the City, subject to the agreement of the City, all right, title, and interest of the United States in and to the Federal land identified on the map. (2) Appraisal to determine fair market value The Secretary shall determine the fair market value of the Federal land to be conveyed— (A) in accordance with the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); and (B) based on an appraisal that is conducted in accordance with— (i) the Uniform Appraisal Standards for Federal Land Acquisition; and (ii) the Uniform Standards of Professional Appraisal Practice. (3) Availability of map The map shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (4) Applicable law Beginning on the date on which the Federal land is conveyed to the City, the development of and conduct of activities on the Federal land shall be subject to all applicable Federal laws (including regulations). (5) Costs As a condition of the conveyance of the Federal land under paragraph (1), the City shall pay— (A) an amount equal to the appraised value determined in accordance with paragraph (2); and (B) all costs related to the conveyance, including all surveys, appraisals, and other administrative costs associated with the conveyance of the Federal land to the City under paragraph (1). 203. Addition to National Wilderness Preservation System (a) Definitions In this section: (1) County The term County means Lyon County, Nevada. (2) Map The term map means the map entitled Wovoka Wilderness Area and dated December 18, 2012. (3) Secretary The term Secretary means the Secretary of Agriculture. (4) State The term State means the State of Nevada. (5) Wilderness The term Wilderness means the approximately 47,449 acres to be known as the Wovoka Wilderness designated by subsection (b)(1). (b) Additions to national wilderness preservation system (1) Designation In furtherance of the purposes of the Wilderness Act ( 16 U.S.C. 1131 et seq. ), the Federal land managed by the Forest Service, as generally depicted on the Map, is designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the Wovoka Wilderness . (2) Boundary The boundary of any portion of the Wilderness that is bordered by a road shall be 150 feet from the centerline of the road. (3) Map and legal description (A) In general As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description of the Wilderness. (B) Effect The map and legal description prepared under subparagraph (A) shall have the same force and effect as if included in this section, except that the Secretary may correct any clerical and typographical errors in the map or legal description. (C) Availability Each map and legal description prepared under subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the Forest Service. (4) Withdrawal Subject to valid existing rights, the Wilderness is withdrawn from— (A) all forms of entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) disposition under all laws relating to mineral and geothermal leasing or mineral materials. (c) Administration (1) Management Subject to valid existing rights, the Wilderness shall be administered by the Secretary in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ), except that any reference in that Act to the effective date shall be considered to be a reference to the date of enactment of this Act. (2) Livestock The grazing of livestock in the Wilderness, if established before the date of enactment of this Act, shall continue, subject to such reasonable regulations, policies, and practices as the Secretary considers to be necessary, in accordance with— (A) section 4(d)(4) of the Wilderness Act ( 16 U.S.C. 1133(d)(4) ); and (B) the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (House Report 101–405). (3) Adjacent management (A) In general Congress does not intend for the designation of the Wilderness to create a protective perimeter or buffer zone around the Wilderness. (B) Nonwilderness activities The fact that nonwilderness activities or uses can be seen, heard, or detected from areas within the Wilderness shall not preclude, limit, control, regulate, or determine the conduct of the activities or uses outside the boundary of the Wilderness. (4) Overflights Nothing in this section restricts or precludes— (A) low-level overflights of aircraft over the Wilderness, including military overflights that can be seen, heard, or detected within the Wilderness; (B) flight testing and evaluation; or (C) the designation or creation of new units of special use airspace, or the establishment of military flight training routes, over the Wilderness. (5) Wildfire, insect, and disease management In accordance with section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d)(1) ), the Secretary may take any measures in the Wilderness that the Secretary determines to be necessary for the control of fire, insects, and diseases, including, as the Secretary determines to be appropriate, the coordination of the activities with a State or local agency. (6) Water rights (A) Purpose The purpose of this paragraph is to protect the wilderness values of the Wilderness by means other than a federally reserved water right. (B) Statutory construction Nothing in this paragraph— (i) constitutes an express or implied reservation by the United States of any water or water rights with respect to the Wilderness; (ii) affects any water rights in the State (including any water rights held by the United States) in existence on the date of enactment of this Act; (iii) establishes a precedent with regard to any future wilderness designations; (iv) affects the interpretation of, or any designation made under, any other Act; or (v) limits, alters, modifies, or amends any interstate compact or equitable apportionment decree that apportions water among and between the State and other States. (C) Nevada water law The Secretary shall follow the procedural and substantive requirements of State law in order to obtain and hold any water rights not in existence on the date of enactment of this Act with respect to the Wilderness. (D) New projects (i) Definition of water resource facility (I) In general In this subparagraph, the term water resource facility means irrigation and pumping facilities, reservoirs, water conservation works, aqueducts, canals, ditches, pipelines, wells, hydropower projects, transmission and other ancillary facilities, and other water diversion, storage, and carriage structures. (II) Exclusion In this subparagraph, the term water resource facility does not include wildlife guzzlers. (ii) Restriction on new water resource facilities (I) In general Except as otherwise provided in this section, on or after the date of enactment of this Act, no officer, employee, or agent of the United States shall fund, assist, authorize, or issue a license or permit for the development of any new water resource facility within the Wilderness, any portion of which is located in the County. (II) Exception If a permittee within the Bald Mountain grazing allotment submits an application for the development of water resources for the purpose of livestock watering by the date that is 10 years after the date of enactment of this Act, the Secretary shall issue a water development permit within the non-wilderness boundaries of the Bald Mountain grazing allotment for the purposes of carrying out activities under paragraph (2). (d) Wildlife management (1) In general In accordance with section 4(d)(7) of the Wilderness Act ( 16 U.S.C. 1133(d)(7) ), nothing in this section affects or diminishes the jurisdiction of the State with respect to fish and wildlife management, including the regulation of hunting, fishing, and trapping, in the Wilderness. (2) Management activities In furtherance of the purposes and principles of the Wilderness Act ( 16 U.S.C. 1131 et seq. ), the Secretary may conduct any management activities in the Wilderness that are necessary to maintain or restore fish and wildlife populations and the habitats to support the populations, if the activities are carried out— (A) consistent with relevant wilderness management plans; and (B) in accordance with— (i) the Wilderness Act ( 16 U.S.C. 1131 et seq. ); and (ii) appropriate policies, such as those set forth in Appendix B of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (House Report 101–405), including the occasional and temporary use of motorized vehicles and aircraft, if the use, as determined by the Secretary, would promote healthy, viable, and more naturally distributed wildlife populations that would enhance wilderness values with the minimal impact necessary to reasonably accomplish those tasks, including but not limited to, the hunting or culling of wildlife and access for persons with disabilities. (3) Existing activities Consistent with section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d)(1) ) and in accordance with appropriate policies such as those set forth in Appendix B of House Report 101–405, the State may continue to use aircraft, including helicopters, to survey, capture, transplant, monitor, and provide water for wildlife populations in the Wilderness. (4) Emergency Closures Nothing in this title prohibits a Federal land management agency from establishing or implementing emergency closures or restrictions of the smallest practicable area to provide for public safety, resource conservation, national security, or other purposes as authorized by law. Such an emergency closure shall terminate after a reasonable period of time, unless converted to a permanent closure consistent with Federal statute. (5) Memorandum of understanding The State, including a designee of the State, may conduct wildlife management activities in the Wilderness— (A) in accordance with the terms and conditions specified in the cooperative agreement between the Secretary and the State entitled Memorandum of Understanding: Intermountain Region USDA Forest Service and the Nevada Department of Wildlife State of Nevada and signed by the designee of the State on February 6, 1984, and by the designee of the Secretary on January 24, 1984, including any amendments, appendices, or additions to the agreement agreed to by the Secretary and the State or a designee; and (B) subject to all applicable laws (including regulations). (e) Wildlife water development projects Subject to subsection (c), the Secretary shall authorize structures and facilities, including existing structures and facilities, for wildlife water development projects (including guzzlers) in the Wilderness if— (1) the structures and facilities will, as determined by the Secretary, enhance wilderness values by promoting healthy, viable, and more naturally distributed wildlife populations; and (2) the visual impacts of the structures and facilities on the Wilderness can reasonably be minimized. 204. Withdrawal (a) Definition of withdrawal area In this section, the term Withdrawal Area means the land administered by the Forest Service and identified as Withdrawal Area on the map described in section 203(b)(2). (b) Withdrawal Subject to valid existing rights, all Federal land within the Withdrawal Area is withdrawn from all forms of— (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral laws, geothermal leasing laws, and mineral materials laws. (c) Motorized and mechanical vehicles (1) In general Subject to paragraphs (2) and (3), use of motorized and mechanical vehicles in the Withdrawal Area shall be permitted only on roads and trails designated for the use of those vehicles, unless the use of those vehicles is needed— (A) for administrative purposes; or (B) to respond to an emergency. (2) Exception Paragraph (1) does not apply to aircraft (including helicopters). 205. Native American cultural and religious uses Nothing in this title alters or diminishes the treaty rights of any Indian tribe. III Carlin Economic Self-Determination Act 301. Conveyance of certain Federal land to City of Carlin, Nevada (a) Definitions In this title: (1) City The term City means the City of Carlin, Nevada. (2) Federal land The term Federal land means the approximately 1329 acres of land located in the City of Carlin, Nevada, that is identified on the map as Carlin Selected Parcels . (3) Map The term map means the map entitled Proposed Carlin, Nevada Land Sales map dated October 25, 2013. (b) Conveyance required Subject to valid existing rights and notwithstanding the land use planning requirements of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), not later than 180 days after the date on which the Secretary of the Interior receives a request from the City for the Federal land, the Secretary shall convey to the City, without consideration, all right, title, and interest of the United States to and in the Federal land. (c) Availability of map The map shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (d) Costs At closing for the conveyance authorized under subsection (b) the City shall pay or reimburse the Secretary, as appropriate, for the reasonable transaction and administrative personnel costs associated with the conveyance authorized under such subsection, including the costs of title searches, maps, and boundary and cadastral surveys. (e) Release of United States Upon making the conveyance under subsection (b), notwithstanding any other provision of law, the United States is released from any and all liabilities or claims of any kind or nature arising from the presence, release, or threat of release of any hazardous substance, pollutant, contaminant, petroleum product (or derivative of a petroleum product of any kind), solid waste, mine materials or mining related features (including tailings, overburden, waste rock, mill remnants, pits, or other hazards resulting from the presence of mining related features) on the Federal land in existence on or before the date of the conveyance. (f) Withdrawal Subject to valid existing rights, the Federal land identified for conveyance shall be withdrawn from all forms of— (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under the mineral leasing, mineral materials and geothermal leasing laws. IV Fernley Economic Self-Determination Act 401. Definitions In this title: (1) City The term City means the City of Fernley, Nevada. (2) Federal land The term Federal land means the land located in the City of Fernley, Nevada, that is identified by the Secretary and the City for conveyance under this title as depicted on the map. (3) Map The term map means the map entitled Proposed Fernley, Nevada, Land Sales and dated January 25, 2013. 402. Conveyance of certain Federal land to City of Fernley, Nevada (a) Conveyance authorized Subject to valid existing rights and notwithstanding the land use planning requirements of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), not later than 180 days after the date on which the Secretary of the Interior receives a request from the City for the Federal land, the Secretary shall convey to the City, without consideration, all right, title, and interest of the United States to and in the Federal land. (b) Availability of map The map shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (c) Reservation of easements and rights-of-Way The City and the Bureau of Reclamation may retain easements or rights-of-way on the Federal land to be conveyed, including easements or rights-of-way that the Bureau of Reclamation determines are necessary to carry out— (1) the operation and maintenance of the Truckee Canal Irrigation District Canal; or (2) the Newlands Project. (d) Costs At closing for the conveyance authorized under subsection (a), the City shall pay or reimburse the Secretary, as appropriate, for the reasonable transaction and administrative personnel costs associated with the conveyance authorized under such subsection, including the costs of title searches, maps, and boundary and cadastral surveys. 403. Release of United States Upon making the conveyance under section 402, notwithstanding any other provision of law, the United States is released from any and all liabilities or claims of any kind or nature arising from the presence, release, or threat of release of any hazardous substance, pollutant, contaminant, petroleum product (or derivative of a petroleum product of any kind), solid waste, mine materials or mining related features (including tailings, overburden, waste rock, mill remnants, pits, or other hazards resulting from the presence of mining related features) on the Federal land in existence on or before the date of the conveyance. V Restoring Storey County Act 501. Short title This title may be cited as the Restoring Storey County Act . 502. Definitions In this title: (1) County The term County means Storey County, Nevada. (2) Federal land The term Federal land means the approximately 1,745 acres of Federal land identified on the map as BLM Owned - County Request Transfer . (3) Map The term map means the map titled Restoring Storey County Act and dated November 20, 2012. (4) Secretary The term Secretary means the Secretary of the Interior, acting through the Bureau of Land Management. 503. Conveyance of Federal land in Storey County, Nevada Subject to valid existing rights and notwithstanding the land use planning requirements of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), not later than 180 days after the date of the enactment of this Act, the Secretary shall convey to the County, by quitclaim deed, all surface rights of the United States in and to the Federal land, including any improvements thereon. All costs associated with the conveyance under this section shall be the responsibility of the Bureau of Land Management. VI Elko Motocross and Tribal Conveyance Act 601. Short title This title may be cited as the Elko Motocross and Tribal Conveyance Act . 602. Definition of Secretary In this title, the term Secretary means the Secretary of the Interior, acting through the Bureau of Land Management. A Elko Motocross Land Conveyance 611. Definitions In this subtitle: (1) City The term city means the city of Elko, Nevada. (2) County The term county means the county of Elko, Nevada. (3) Map The term map means the map entitled Elko Motocross Park and dated April 19, 2013. 612. Conveyance of land to Elko County (a) In general As soon as practicable after the date of enactment of this Act, subject to valid existing rights and the provisions of this section, the Secretary shall convey to the county, without consideration, all right, title, and interest of the United States in and to the land described in subsection (b). (b) Description of land The land referred to in subsection (a) consists of approximately 275 acres of land managed by the Bureau of Land Management, Elko District, Nevada, as generally depicted on the map as Elko Motocross Park . (c) Map and legal description (1) In general As soon as practicable after the date of enactment of this Act, the Secretary shall finalize the legal description of the parcel to be conveyed under this section. (2) Minor errors The Secretary may correct any minor error in the map or the legal description. (3) Availability The map and legal description shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (d) Use of conveyed land The land conveyed under this section shall be used only as a motocross, bicycle, off-highway vehicle, or stock car racing area, or for any other public purpose consistent with uses allowed under the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act ) ( 43 U.S.C. 869 et seq. ). (e) Administrative costs The Secretary shall require the county to pay all survey costs and other administrative costs necessary for the preparation and completion of any patents for, and transfers of title to, the land described in subsection (b). B Trust land for Te-moak Tribe of Western Shoshone Indians of Nevada 621. Land to be held in trust for the Te-moak Tribe of Western Shoshone Indians of Nevada (a) In general Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in subsection (b)— (1) shall be held in trust by the United States for the benefit and use of the Te-moak Tribe of Western Shoshone Indians of Nevada (referred to in this subtitle as the Tribe ); and (2) shall be part of the reservation of the Tribe. (b) Description of land The land referred to in subsection (a) is the approximately 373 acres of land administered by the Bureau of Land Management, as generally depicted on the map as Expansion Area . (c) Map The term map means the map entitled Te-moak Tribal Land Expansion , dated April 19, 2013, and on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (d) Survey Not later than 180 days after the date of enactment of this Act, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection (a). (e) Use of trust land (1) Gaming Land taken into trust under subsection (a) shall not be eligible, or considered to have been taken into trust, for class II gaming or class III gaming (as those terms are defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703)). (2) General uses (A) In general The Tribe shall use the land taken into trust under subsection (a) only for— (i) traditional and customary uses; (ii) stewardship conservation for the benefit of the Tribe; or (iii) residential or recreational development. (B) Other uses If the Tribe uses any portion of the land taken into trust under subsection (a) for a purpose other than a purpose described in subparagraph (A), the Tribe shall pay to the Secretary an amount that is equal to the fair market value of the portion of the land, as determined by an appraisal. (3) Thinning; landscape restoration With respect to the land taken into trust under subsection (a), the Secretary, in consultation and coordination with the Tribe, may carry out any fuels reduction and other landscape restoration activities on the land that is beneficial to the Tribe and the Bureau of Land Management. VII Naval Air Station Fallon Housing and Safety Development Act 701. Short title This title may be cited as the Naval Air Station Fallon Housing and Safety Development Act . 702. Transfer of Department of the Interior land (a) In general Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall transfer to the Secretary of the Navy, without reimbursement, the Federal land described in subsection (b). (b) Description of Federal land The Federal land referred to in subsection (a) is the parcel of approximately 400 acres of land under the jurisdiction of the Secretary of the Interior that— (1) is adjacent to Naval Air Station Fallon in Churchill County, Nevada; and (2) was withdrawn under Public Land Order 6834 (NV–943–4214–10; N–37875). (c) Management On transfer of the Federal land described under subsection (b) to the Secretary of the Navy, the Secretary of the Navy shall have full jurisdiction, custody, and control of the Federal land. 703. Water rights (a) Water rights Nothing in this title shall be construed— (1) to establish a reservation in favor of the United States with respect to any water or water right on lands transferred by this title; or (2) to authorize the appropriation of water on lands transferred by this title except in accordance with applicable State law. (b) Effect on previously acquired or reserved water rights This section shall not be construed to affect any water rights acquired or reserved by the United States before the date of the enactment of this Act. 704. Withdrawal Subject to valid existing rights, the Federal land to be transferred under section 702 is withdrawn from all forms of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws, so long as the land remains under the administrative jurisdiction of the Secretary of the Navy.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5205ih/xml/BILLS-113hr5205ih.xml
|
113-hr-5206
|
I 113th CONGRESS 2d Session H. R. 5206 IN THE HOUSE OF REPRESENTATIVES July 25, 2014 Mr. Grayson (for himself and Ms. Ros-Lehtinen ) introduced the following bill; which was referred to the Committee on Foreign 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 allow Foreign Service and other executive agency employees to designate beneficiaries of their death benefits.
1. Revision to the administration of death gratuities for Foreign Service and other executive agency employees Section 413 of the Foreign Service Act of 1980 ( 22 U.S.C. 3973 ) is amended— (1) in subsection (a) by inserting designated beneficiaries or before surviving dependents ; (2) in subsection (b) by inserting designated beneficiaries or before survivors ; (3) in subsection (c) by striking survivors and beneficiaries and inserting designated beneficiaries then survivors ; (4) by striking subsection (d); and (5) by redesignating subsection (e) as subsection (d).
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5206ih/xml/BILLS-113hr5206ih.xml
|
113-hr-5207
|
I 113th CONGRESS 2d Session H. R. 5207 IN THE HOUSE OF REPRESENTATIVES July 25, 2014 Mrs. Beatty (for herself, Ms. Kaptur , and Mr. Stivers ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To direct the Secretary of the Interior to conduct a special resource study to determine the suitability and feasibility of establishing the John P. Parker House in Ripley, Ohio, as a unit of the National Park System.
1. Short title This Act may be cited as the John P. Parker House Study Act . 2. Definitions In this Act: (1) Secretary The term Secretary means the Secretary of the Interior. (2) Study area The term study area means the John P. Parker House in Ripley, Ohio, which was recognized as a National Historic Landmark in 1997. 3. Special resource study of John P. Parker House (a) Study The Secretary shall conduct a special resource study of the study area to determine the suitability and feasibility of establishing the John P. Parker House in Ripley, Ohio, as a unit of the National Park System. (b) Study requirements The Secretary shall conduct the study in accordance with section 8 of the National Park System General Authorities Act ( 16 U.S.C. 1a–5 ). (c) Report Not later than 3 years after the date on which funds are made available to carry out this Act, 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 that describes— (1) the results of the study; and (2) any recommendations of the Secretary.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5207ih/xml/BILLS-113hr5207ih.xml
|
113-hr-5208
|
I 113th CONGRESS 2d Session H. R. 5208 IN THE HOUSE OF REPRESENTATIVES July 25, 2014 Mr. Forbes introduced the following bill; which was referred to the Committee on Natural Resources A BILL To make technical corrections to the National Parks and Recreation Act of 1978, and for other purposes.
1. Petersburg National Battlefield land acquisition Section 313(a) of the National Parks and Recreation Act of 1978 ( 16 U.S.C. 461 note) is amended by striking May 1978. and inserting May 1978, and in addition such lands located as the Secretary deems appropriate, not to exceed four acres. .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5208ih/xml/BILLS-113hr5208ih.xml
|
113-hr-5209
|
I 113th CONGRESS 2d Session H. R. 5209 IN THE HOUSE OF REPRESENTATIVES July 25, 2014 Mr. King of New York (for himself, Ms. Meng , Mr. Grimm , Mr. Israel , and Mrs. McCarthy of New York ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To establish a grant program to help State and local law enforcement agencies reduce the risk of injury and death relating to the wandering characteristics of some children with autism and other disabilities.
1. Short title This Act may be cited as the Avonte's Law Act of 2014 . 2. Grant program to reduce injury and death relating to the wandering and safety of individuals with disabilities Title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3711 et seq. ) is amended by adding at the end the following: LL Grant program to reduce injury and death relating to the wandering and safety of individuals with disabilities 3021. Program authorized (a) In general The Attorney General may make grants to law enforcement agencies to— (1) reduce the risk of injury and death relating to the wandering characteristics of some individuals with autism and other disabilities; and (2) safeguard the well-being of individuals with disabilities during interactions with law enforcement. (b) Uses of funds A grant awarded under this section shall be— (1) distributed directly to a law enforcement agency; and (2) used to— (A) provide education and resources to law enforcement agencies, first responders, schools, clinicians, and the public in order to— (i) reduce the risk of wandering by individuals with autism or other disabilities; (ii) help to identify signs of abuse in individuals with autism or other disabilities; (iii) increase personal safety and survival skills for individuals with autism or other disabilities; and (iv) facilitate effective communication with individuals who have communication-related disabilities, including the use of assistive communication techniques and technology; (B) provide training and emergency protocols for school administrators, staff, and families; (C) provide response tools and training for law enforcement and search-and-rescue agencies, including— (i) tracking technology; (ii) reverse 911 technology; (iii) assistive communication technology; (iv) Endangered Missing Advisories; and (v) Federal search-and-rescue guidelines for special needs children; or (D) provide response tools and training to law enforcement agencies in order to recognize and respond to individuals with intellectual and developmental disabilities. (c) Standards and best practices for use of tracking devices (1) Establishment (A) In general Not later than 120 days after the date of enactment of this part, the Attorney General, in consultation with the Secretary of Health and Human Services and leading research, advocacy, self-advocacy, and service organizations, shall establish standards and best practices relating to the use of tracking technology to monitor children with autism and other disabilities. (B) Requirements In establishing the standards and best practices required under subparagraph (A), the Attorney General— (i) shall determine— (I) the criteria used to determine which individuals would benefit from the use of a tracking device; and (II) who should have direct access to the tracking system; and (ii) may establish standards and best practices the Attorney General determines are necessary to the administration of a tracking system, including procedures in order to— (I) safeguard the privacy of the data used by the tracking device such that— (aa) access to the data is restricted to agencies determined necessary by the Attorney General; and (bb) use of the data is solely for the purpose of preventing injury or death; (II) develop criteria to determine whether use of the tracking device is the least restrictive alternative in order to prevent risk of injury or death prior to issuing the tracking device, including the previous consideration of less restrictive alternatives; (III) provide training for law enforcement agencies to recognize signs of abuse in their interactions with applicants; (IV) protecting the civil rights and liberties of children with disabilities who use tracking devices, including their rights under the Fourth Amendment of the Constitution of the United States; (V) establish a complaint and investigation process to address— (aa) incidents of noncompliance by grant recipients with the best practices established by the Attorney General or other applicable law; and (bb) use of a tracking device over the objection of a child with a disability; and (VI) the role which State agencies responsible for providing services to children with developmental disabilities and State agencies responsible for child protective services should have in the administration of a tracking system. (2) Required compliance (A) In general Each law enforcement agency that receives a grant under this section shall comply with any standards and best practices relating to the use of tracking devices as established by the Attorney General under paragraph (1), in consultation with the Secretary of Health and Human Services and leading research, advocacy, self-advocacy, and service organizations. (B) Determination of compliance The Attorney General, in consultation with the Secretary of Health and Human Services, shall determine whether a law enforcement agency that receives a grant under this section acts in compliance with the requirement described in paragraph (1). (3) Applicability of standards and best practices The standards and best practices established by the Attorney General under paragraph (1) shall apply only to the grant program authorized under this part. 3022. Applications To request a grant under section 3021, the head of a law enforcement agency shall submit an application to the Attorney General in such form and containing such information as the Attorney General may reasonably require. 3023. Definitions In this part— (1) the term child means an individual who is less than 18 years of age; (2) the term Indian tribe has the same meaning as in section 4(e) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b(e) ); (3) the term law enforcement agency means an agency of a State, unit of local government, or Indian tribe that is authorized by law or by a government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law; (4) the term State means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands; and (5) the term unit of local government means a county, municipality, town, township, village, parish, borough, or other unit of general government below the State level. 3024. Authorization of appropriations There are authorized to be appropriated to carry out this part $10,000,000 for each of fiscal years 2015 through 2019. .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5209ih/xml/BILLS-113hr5209ih.xml
|
113-hr-5210
|
I 113th CONGRESS 2d Session H. R. 5210 IN THE HOUSE OF REPRESENTATIVES July 25, 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 Humanities.
1. Prohibition Notwithstanding any other provision of law, no Federal funds may be made available to the National Endowment for the Humanities.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5210ih/xml/BILLS-113hr5210ih.xml
|
113-hr-5211
|
I 113th CONGRESS 2d Session H. R. 5211 IN THE HOUSE OF REPRESENTATIVES July 25, 2014 Mr. Young of Alaska (for himself and Ms. Hanabusa ) 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 amend section 811 of Public Law 111–84 to apply that section to all contractors for all sole-source contracts exceeding $20,000,000.
1. Amendments to justification and approval requirements related to certain sole-source contracts (a) Expansion of sole-Source contracts covered Paragraph (1) of section 811(c) of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ; 123 Stat. 2405; 41 U.S.C. 3304 note) is amended to read as follows: (1) Covered procurement The term covered procurement means either of the following: (A) A procurement covered by chapter 137 of title 10, United States Code. (B) A procurement covered by division C of subtitle I of title 41, United States Code. . (b) Treatment of other justification and approval actions Section 811 of such Act is further amended by adding at the end the following new subsection: (d) Treatment of other justification and approval actions In the case of any contract for which a justification and approval is required under section 2304(f) of title 10, United States Code, or section 3304(e) of title 41, United States Code, a justification and approval meeting the requirements of such section shall be treated as meeting the requirements of this section for purposes of the award of a sole-source contract. . (c) Technical and conforming amendments Section 811 of such Act is further amended— (1) in subsection (a), by striking Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised to provide that the and inserting The ; (2) in subsection (a)(3), by striking sections 303(f)(1)(C) and 303(j) of the Federal Property and Administrative Services Act of 1949 ( 41 U.S.C. 253(f)(1)(C) and 253(j)) and inserting sections 3304(e)(1)(C) and 3304(f) of title 41, United States Code ; (3) in subsection (c)— (A) in paragraph (2)(B), by striking section 309(a) and all that follows through the period at the end and inserting section 151 of title 41, United States Code. ; and (B) in paragraph (3)(B), by striking section 303(f)(1)(B) and all that follows through the period at the end and inserting section 3304(e)(1)(B) of title 41, United States Code. ; and (4) by adding at the end the following new subsection: (e) Regulations The Federal Acquisition Regulation shall be revised to implement this section. .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5211ih/xml/BILLS-113hr5211ih.xml
|
113-hr-5212
|
I 113th CONGRESS 2d Session H. R. 5212 IN THE HOUSE OF REPRESENTATIVES July 28, 2014 Mr. Walberg introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, with respect to civil asset forfeiture, and for other purposes.
1. Short title This Act may be cited as the Civil Asset Forfeiture Reform Act of 2014 . 2. Representation by attorney Section 983(a)(1)(A)(i) of title 18, United States Code, is amended by adding at the end the following: The Government shall include in any such notice that the person receiving the notice may be able to obtain free or reduced rate legal representation under subsection (b). . 3. Burden of proof Section 983(c) of title 18, United States Code, is amended— (1) in paragraph (1), by striking by a preponderance of the evidence and inserting by clear and convincing evidence ; and (2) in paragraph (2), by striking by a preponderance of the evidence and inserting by clear and convincing evidence . 4. Innocent owner defense (a) In general Section 983(d) of title 18, United States Code, is amended so that paragraph (1) reads as follows: (1) The innocent owner defense shall be available to a claimant. Where a prima facie case is made for such a defense, the Government has the burden of proving that the claimant knew or reasonably should have known that the property was involved in the illegal conduct giving rise to the forfeiture. . (b) Knowledge by owner of criminal activity Section 983(d)(2)(B) of title 18, United States Code, is amended— (1) in clause (i), by striking a person may show that such person did all that reasonably could be expected may include demonstrating that such person to the extent permitted by law and inserting the Government may show that the property owner should have had knowledge of the criminal activity by demonstrating that the property owner did not ; (2) in clause (i)(I), by striking gave and inserting give ; and (3) in clause (i)(II)— (A) by striking revoked or made and inserting revoke or make ; and (B) by striking took and inserting take . 5. Proportionality Section 983(g) of title 18, United States Code, is amended so that paragraph (2) reads as follows: (2) In making this determination, the court shall consider such factors as the seriousness of the offense, the extent of the nexus of the property to the offense, the range of sentences available for the offense giving rise to forfeiture, the fair market value of the property, and the hardship to the property owner and dependents . 6. Increased visibility Section 524(c)(6)(i) of title 28, United States Code, is amended by inserting from each type of forfeiture, and specifically identifying which funds were obtained from including criminal forfeitures and which were obtained from civil forfeitures, after deposits . 7. Equitable Sharing Agreements Section 524(c) of title 28, United States Code, is amended by adding at the end the following: (12) The Attorney General shall assure that any equitable sharing between the Department of Justice and a local or State law enforcement agency was not initiated for the purpose of circumventing any State law that prohibits civil forfeiture or limits use or disposition of property obtained via civil forfeiture by State or local agencies. .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5212ih/xml/BILLS-113hr5212ih.xml
|
113-hr-5213
|
I 113th CONGRESS 2d Session H. R. 5213 IN THE HOUSE OF REPRESENTATIVES July 28, 2014 Mr. Renacci (for himself, Mr. Schrader , Ms. Jenkins , and Mr. Costa ) 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 simplify the treatment of seasonal positions for purposes of the employer shared responsibility requirement.
1. Short title This Act may be cited as the Simplifying Technical Aspects Regarding Seasonality Act of 2014 or the STARS Act . 2. Simplification of seasonal rules for purposes of employer shared responsibility requirement (a) Full-Time employee exception for determining assessable payment (1) In general Paragraph (4) of section 4980H(c) of such Code is amended by redesignating subparagraph (B) as subparagraph (C) and by inserting after subparagraph (A) the following new subparagraph: (B) Exception for seasonal employees Such term shall not include any seasonal employee. . (2) Seasonal employee defined Subsection (c) of section 4980H of such Code is amended by redesignating paragraphs (5), (6), and (7) as paragraphs (6), (7), and (8), respectively and by inserting after paragraph (4) the following new paragraph: (5) Seasonal employee The term seasonal employee means an employee who is employed in a position for which the customary annual employment is not more than 6 months and which requires performing labor or services which are ordinarily performed at certain seasons or periods of the year. . (b) Applicable large employer determination exception Subparagraph (B) of section 4980H(c)(2) of such Code is amended to read as follows: (B) Exception for seasonal employees For purposes of subparagraph (A), seasonal employees shall not be taken into account. . (c) Effective date The amendments made by this section shall take effect as if included in section 1513 of the Patient Protection and Affordable Care Act.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5213ih/xml/BILLS-113hr5213ih.xml
|
113-hr-5214
|
I 113th CONGRESS 2d Session H. R. 5214 IN THE HOUSE OF REPRESENTATIVES July 28, 2014 Mr. Olson introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To require the Secretary of Health and Human Services to provide for recommendations for the development and use of clinical data registries for the improvement of patient care.
1. Recommendations for development and use of clinical data registries (a) In general Not later than one year after the date of the enactment of this Act, the Secretary of Health and Human Services shall make recommendations for the development and use, when appropriate, of clinical data registries that are integrated with clinical practice guidelines and best practices or standards of care, including registries designed to minimize duplication and burden on those operating or reporting to such registries, for the improvement of patient care. The Secretary shall make such recommendations available to the public by posting them on a public Website of the Department of Health and Human Services. (b) Specific recommendations Such recommendations, with respect to such registries, shall include the following: (1) Recommendations for a set of standards that, if adopted by such registries, would allow for the bidirectional, interoperable exchange of information between the electronic health records of the reporting clinicians and such registries. (2) Recommendations on how clinical registries, including outcomes-based registries, may be developed and then used to evaluate various care models and methods, including improved clinical care coordination, and the impact of such models and methods on the management of diseases as measured by appropriate care parameters based on clinical practice guidelines and best practices (such as A1C, blood pressure, and cholesterol levels in the case of diabetes). (3) Recommendations on how such registries should be structured to facilitate the recording and reporting of post-market data for the purposes of monitoring safety and efficacy of FDA-approved devices and drugs, reporting relevant clinical data to satisfy attestation requirements for coverage of prescribed devices and drugs, and better defining appropriate clinical use in support of evidence development for the Medicare program (such as improving patient access to safe and effective glucose monitoring systems and future glucose monitoring technologies). (4) Recommendations on how data from such registries may be used to inform physicians and other health care professionals regarding clinical practices for the prevention of diseases (such as diabetes and the precursor conditions of diabetes) and appropriate methods for the dissemination of clinical practice support tools and other educational resources that may be derived from registry data. (5) Recommendations for how registries can be used to promote preventive health benefits such as screenings and the Medicare annual wellness visits that may reduce the risk of chronic diseases (such as obesity, osteoporosis, cardiovascular disease, cancer, diabetes and their complications). (c) Consultation with clinical experts The Secretary shall consult with national medical specialty societies and with manufacturers of drugs and medical devices in the development of such recommendations as they relate to the diseases that they (or their manufactured drugs or devices) manage and treat (such as with endocrinologists with respect to recommendations relating to diabetes and pre-diabetes conditions).
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5214ih/xml/BILLS-113hr5214ih.xml
|
113-hr-5215
|
I 113th CONGRESS 2d Session H. R. 5215 IN THE HOUSE OF REPRESENTATIVES July 28, 2014 Ms. Bonamici introduced the following bill; which was referred to the Committee on Natural Resources A BILL To provide for the restoration of Federal recognition to the Clatsop-Nehalem Confederated Tribes of Oregon, and for other purposes.
1. Short title This Act may be cited as the Clatsop-Nehalem Restoration Act . 2. Definitions In this Act: (1) Interim Council The term Interim Council means the council which is established under, and the members elected pursuant to, section 5. (2) Member The term member , when used with respect to the tribe, means an individual enrolled on the membership roll of the tribe in accordance with section 7. (3) Secretary The term Secretary means the Secretary of the Interior or his designated representative. (4) Tribal governing body The term tribal governing body means the governing body that is established under, and the members elected pursuant to, the tribal constitution and bylaws adopted in accordance with section 6. (5) Tribe The term tribe means Clatsop-Nehalem Confederated Tribes of Oregon considered as one tribe in accordance with section 3. 3. Consideration of the Clatsop-Nehalem confederated tribes as one tribe The Clatsop-Nehalem Confederated Tribes of Oregon shall be considered as one tribal unit for purposes of Federal recognition and eligibility for Federal benefits under section 4, the establishment of tribal self-government under sections 5 and 6, and the compilation of a tribal membership roll under section 7. 4. Restoration of Federal recognition, rights, and privileges (a) Federal recognition Notwithstanding any provision of the Act approved August 13, 1954 ( 25 U.S.C. 691 et seq. ) or any other law, Federal recognition is extended to the Clatsop-Nehalem Confederated Tribes of Oregon. Nothing is this bill shall affect or diminish the treaty rights previously determined for other federally recognized Indian tribes. (b) Restoration of rights and privileges Except as provided in subsection (d), all rights and privileges of the tribe and the members of the tribe under any Federal treaty, Executive order, agreement, statute, or other Federal authority, that may have been diminished or lost under the Act approved August 13, 1954 ( 25 U.S.C. 691 et seq. ) are restored, and the provisions of such Act shall be inapplicable to the tribe and to members of the tribe after the date of the enactment of this Act. (c) Federal services and benefits Notwithstanding any other provision of law, the tribe and its members shall be eligible, on and after the date of the enactment of this Act, for all Federal services and benefits furnished to federally recognized Indian tribes without regard to the existence of a reservation for the tribe. In the case of Federal services available to members of federally recognized Indian tribes residing on or near a reservation, members of the tribe residing in the following counties of the State of Oregon shall be deemed to be residing on or near a reservation: (1) Tillamook County. (2) Clatsop County. (d) No hunting, fishing or trapping rights restored No hunting, fishing, or trapping rights of any nature of the tribe or of any member, including any indirect or procedural right or advantage over individuals who are not members, are granted or restored under this Act. (e) Effect on property rights and other obligations Except as otherwise specifically provided in this Act, no provision contained in this Act shall alter any property right or obligation, any contractual right or obligation, or any obligation for taxes already levied. 5. Interim council (a) Establishment There is established an Interim Council of the tribe which shall be composed of nine members. The Interim Council shall— (1) represent the tribe and its members in the implementation of this Act; and (2) be the governing body of the tribe until the tribal governing body convenes. (b) Nomination and election of interim council members (1) General council meeting Not later than 45 days after the date of the enactment of this Act, the Secretary shall announce the date of a general council meeting of the tribe to nominate candidates for election to the Interim Council. Such general council meeting shall be held not later than 15 days after such announcement. (2) Election Not later than 45 days after the general council meeting held under paragraph (1), the Secretary shall hold an election by secret ballot to elect the members of the Interim Council from among the members nominated in the general council meeting. Absentee and write-in balloting shall be permitted. (3) Approval of results The Secretary shall approve the results of the Interim Council election conducted pursuant to this subsection if the Secretary is satisfied that the requirements of this section relating to the nomination and the election processes have been met. If the Secretary is not so satisfied, the Secretary shall— (A) call for another general council meeting to be held not later than 60 days after such election to nominate candidates for election to the Interim Council; and (B) hold another election within 45 days of such meeting. (4) Notice The Secretary shall take any action necessary to ensure that each member described in section 7(d) is given notice of the time, place, and purpose of each meeting and election held pursuant to this subsection not less than 10 days before the general meeting or election. (c) Authority and capacity; termination The Interim Council shall— (1) have no powers other than those given it under this Act; (2) with respect to any Federal service or benefit for which the tribe or any member is eligible, have full authority and capacity to receive grants and to enter into contracts; (3) except as provided in subsection (d), terminate on the date that the tribal governing body first convenes; and (4) with respect to any contractual right established and any obligation entered into by the Interim Council, have the authority and capacity to bind the tribal governing body, as the successor in interest to the Interim Council, for a period of not more than 6 months beginning on the date such tribal governing body first convenes. (d) Vacancy on interim council Not later than 30 days after a vacancy occurs on the Interim Council and subject to the approval of the Secretary, the Interim Council shall hold a general council meeting to nominate a candidate for election to fill such vacancy and hold such election. The Interim Council shall provide notice of the time, place, and purpose of such meeting and election to members described in section 7(d) not less than 10 days before each general meeting or election. 6. Tribal constitution and bylaws; tribal governing body (a) Adoption of proposed constitution and bylaws; election (1) Time and procedure The Interim Council shall— (A) prepare the tribal constitution and bylaws which shall provide for, at a minimum, the establishment of a tribal governing body and tribal membership qualifications; and (B) adopt such tribal constitution not later than 6 months after the date of the enactment of this Act. (2) Election Upon the adoption of the proposed tribal constitution and bylaws by the Interim Council, the Council shall request that the Secretary, in writing, schedule an election to approve or disapprove the adoption of such constitution and bylaws. The Secretary shall conduct an election by secret ballot in accordance with section 16 of the Act of June 18, 1934. (b) Notice and consultation Not less than 30 days before any election scheduled pursuant to subsection (a), a copy of the proposed tribal constitution and bylaws, as adopted by the Interim Council, along with a brief and impartial description of the proposed constitution and bylaws shall be sent to each member described in section 7(d). The members of the Interim Council may freely consult with members of the tribe concerning the text and description of the constitution and bylaws, except that such consultation may not be carried on within 50 feet of the polling places on the date of such election. (c) Majority vote for adoption; procedure in event of failure To adopt proposed constitution (1) Majority vote for adoption In any election held pursuant to subsection (a), a vote of a majority of those actually voting shall be necessary and sufficient for the approval of the adoption of the tribal constitution and bylaws. (2) Procedure in event of failure to adopt proposed constitution If in any such election such majority does not approve the adoption of the proposed tribal constitution and bylaws, the Interim Council shall be responsible for preparing another tribal constitution and other bylaws in the same manner provided in this section for the first proposed constitution and bylaws. The new proposed constitution and bylaws shall be adopted by the Interim Council not later than 6 months after the date of the election in which the first proposed constitution and bylaws failed to be adopted. An election on the question of the adoption of the new proposal of the Interim Council shall be conducted in the same manner provided in subsection (a)(2) for the election on the first proposed constitution and bylaws. (d) Election of tribal governing body Not later than 120 days after the tribe approves the adoption of the tribal constitution and bylaws and subject to the approval of the Secretary, the Interim Council shall conduct an election, by secret ballot, to elect the tribal governing body established under such constitution and bylaws. Notwithstanding any provision of the tribal constitution and bylaws, absentee and write-in balloting shall be permitted in an election under this subsection. 7. Membership rolls; voting rights of member (a) Membership roll established and opened The membership roll of the tribe is established and open. (b) Criteria governing eligibility (1) Membership prior to election Until the first election of the tribal governing body is held pursuant to section 6(d), the membership of the Clatsop-Nehalem Confederated Tribes shall consist as follows: (A) Any person who can document being a direct descent from a Clatsop or Nehalem (Naalem) Tillamook Indian (or both) on the tribal rolls compiled— (i) in 1906 by Charles E. McChesney, Supervisor of Indian School. (B) Any person found eligible by the Portland, Oregon, Area Office of the Bureau of Indian Affairs who would satisfy enrollment requirements under— (i) the Act of August 24, 1912, (37 Stat. 518–535); (ii) the Act of August 30, 1964, (78 Stat. 639); or (iii) part 43 of title 25, Code of Federal Regulations. (C) Any person who descends from those Indians who were signers of the treaties between the United States and the Clatsop Tribe and the Nehalem Band of the Tillamooks at Tansy Point, August 5 and 6, 1851 (Vol. 1, p. 7–13; Records Concerning Negotiation of Treaties, 1851–1855; Oregon Superintendency (National Archives Microfilm Publication M2, roll 28); Records of the Bureau of Indian Affairs, Record Group 75; National Archives Building, Washington, DC). (D) Any person who can document their direct descent from a Clatsop or Nehalem Tillamook Indian on any other Federal, State, Indian, or church record. (E) Descends from those Indians who were members of the Hobsonville Community. (F) All children born to a member of the tribe. (2) Membership after election After the first election of the tribal governing body is held pursuant to section 6(d), the provisions of the constitution and bylaws adopted in accordance with section 6(a) shall govern membership in the tribe. (c) Dual membership Any person who is enrolled in any other federally recognized Indian tribe, band, or community or native corporation shall not, at the same time be enrolled in the tribe. (d) Procedures for verification of eligibility (1) Before election of Interim Council Before the election of the members of the Interim Council is held pursuant to section 5(b), verification of descendancy, for purposes of enrollment and age for purposes of voting rights under subsection (d) shall be made upon oath before the Secretary whose determination thereon shall be final. (2) After election of Interim Council After the election of the members of the Interim Council is held pursuant to section 5(b), but before the first election of the members of the tribal governing body is held pursuant to section 6(d), the verification of descendancy and age shall be made upon oath before the Interim Council, or its authorized representative. An individual may appeal the exclusion of his name from the membership roll of the tribe to the Secretary, who shall make a final determination of each such appeal within 90 days after such an appeal has been filed with him. The determination of the Secretary with respect to such an appeal shall be final. (3) After election of tribal governing body After the first election of the members of the tribal governing body is held pursuant to section 6(d), the provisions of the constitution and bylaws adopted in accordance with section 6(a) shall govern the verification of any requirements for membership in the tribe. The Interim Council and the Secretary shall deliver their records and files and any other material relating to the enrollment of tribal members to such tribal governing body. (4) Publication of membership roll Not less than 60 days before the election under section 6(a), the Secretary shall publish in the Federal Register a certified copy of the membership roll of the tribe as of the date of such publication. Such membership roll shall include the names of all individuals who were enrolled by the Secretary, either directly under paragraph (1) or pursuant to an appeal under paragraph (2), and by the Interim Council under paragraph (2). (e) Voting rights of member Each member who is 18 years of age or older shall be eligible to— (1) attend, participate in, and vote at each general council meeting; (2) nominate candidates for any office; (3) run for any office; and (4) vote in any election of members to the Interim Council and to such other tribal governing body as may be established under the constitution and bylaws adopted in accordance with section 6. 8. Regulations The Secretary may promulgate such regulations as may be necessary to carry out the provisions of this Act.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5215ih/xml/BILLS-113hr5215ih.xml
|
113-hr-5216
|
I 113th CONGRESS 2d Session H. R. 5216 IN THE HOUSE OF REPRESENTATIVES July 28, 2014 Mr. Blumenauer (for himself and Ms. Bonamici ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committee on the Budget , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Federal Water Pollution Control Act to establish within the Environmental Protection Agency a Columbia River Basin Restoration Program.
1. Short title This Act may be cited as the Columbia River Basin Restoration Act of 2014 . 2. Findings Congress finds that— (1) the Columbia River is the largest river in the Pacific Northwest by volume; (2) the river is 1,253 miles long, with a drainage basin that includes 259,000 square miles, extending to 7 States and British Columbia, Canada, and including all or part of— (A) multiple national parks; (B) components of the National Wilderness Preservation System; (C) National Monuments; (D) National Scenic Areas; (E) National Recreation Areas; (F) other areas managed for conservation; and (G) multiple tribal reservations and over 45,000,000 acres of tribally comanaged land; (3) the Columbia River Basin and associated tributaries (referred to in this Act as the Basin ) provide significant ecological and economic benefits to the Pacific Northwest and the entire United States; (4) traditionally, the Basin includes more than 6,000,000 acres of irrigated agricultural land and produces more hydroelectric power than any other North American river; (5) significant commerce takes place on the federally authorized Columbia Snake River System navigation channel, which is 465 miles in length, from the mouth of the Columbia River to Lewiston, Idaho; (6) the Basin— (A) historically constituted the largest salmon-producing river system in the world, with annual returns peaking at as many as 16,000,000 fish; and (B) as of the date of enactment of this Act— (i) supports economically important commercial and recreational fisheries; (ii) supports treaty tribal fisheries; (iii) is home to numerous species of salmonids, including steelhead, bull trout, and Kootenai white sturgeon, that are listed as threatened species or endangered species under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); and (iv) is a cultural and historical resource and provides sports and recreation opportunities for millions annually; (7) toxics are present throughout the Columbia River Basin that are harmful to humans, fish, and wildlife; (8) studies have shown that Columbia River fish contain a wide array of contaminants; (9) a fish consumption survey in the Columbia River Basin showed that tribal members were eating 6 to 11 times more fish than the estimated national average; (10) in 2013, the States of Oregon and Washington issued a fish advisories warning against consumption of resident fish between Bonneville Dam to McNary Dam because of toxic contamination; (11) in 1995, the lower river and estuary was designated an estuary of national significance in accordance with section 320 of the Federal Water Pollution Control Act ( 33 U.S.C. 1330 ), because of degradation and contamination in the lower river, lack of structure to coordinate programs and policies, significance of the lower river to survival of species throughout the basin, and the importance the lower river to the economic viability of the region; and (12) (A) in 2006, the Administrator of the Environmental Protection Agency named the Columbia River Basin 1 of the 10 large aquatic ecosystems in the United States; (B) the Columbia River Basin is the only large aquatic ecosystem in the United States that does not receive dedicated appropriations as a large aquatic ecosystem; and (C) the other 9 large aquatic ecosystems receive appropriations through the Geographic Programs Program Area of the Environmental Protection Agency. 3. Columbia River Basin restoration Title I of the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ) is amended by adding at the end the following: 123. Columbia river basin restoration (a) Definitions (1) Action plan (A) In general The term Action Plan means the Columbia River Basin Toxics Reduction Plan developed by the Environmental Protection Agency and the Columbia River Toxics Reduction Working Group in 2010. (B) Inclusions The term Action Plan includes any amendments to the plan. (2) Columbia River Basin The term Columbia River Basin means the entire United States portion of the Columbia River watershed. (3) Estuary Partnership The term Estuary Partnership means the Lower Columbia River Estuary Partnership, an entity created by the States of Oregon and Washington and the Environmental Protection Agency under section 320. (4) Estuary plan (A) In general The term Estuary Plan means the Estuary Partnership Comprehensive Conservation and Management Plan adopted by the Environmental Protection Agency and the Governors of Oregon and Washington on October 20, 1999, under section 320. (B) Inclusions The term Estuary Plan includes any amendments to the plan. (5) Lower Columbia River Estuary The term Lower Columbia River Estuary means the mainstem Columbia River from the Bonneville Dam to the Pacific Ocean and tidally influenced portions of tributaries to the Columbia River in that region. (6) Middle and Upper Columbia River Basin The term Middle and Upper Columbia River Basin means the region consisting of the United States portion of the Columbia River Basin above Bonneville Dam. (7) Program The term Program means the Columbia River Basin Restoration Program established under subsection (b)(1)(A). (8) Working Group The term Working Group means— (A) the Columbia River Basin Toxics Reduction Working Group established under subsection (c); and (B) with respect to the Lower Columbia River Estuary, the Estuary Partnership. (b) Columbia river basin restoration program (1) Establishment (A) In general The Administrator shall establish within the Environmental Protection Agency a Columbia River Basin Restoration Program for the purposes of reducing toxic contamination and cleaning up contaminated sites throughout the Columbia River Basin. (B) No effect on existing authority The Program shall not modify any legal or regulatory authority or program in effect as of the date of enactment of this section, including the roles of Federal agencies in the Columbia River Basin. (C) Relationship to existing activities The Program shall— (i) build on the work and collaborative structure of the existing Columbia River Toxics Reduction Working Group representing the Federal Government, State, tribal, and local governments, industry, and nongovernmental organizations, which was convened in 2005 to develop a collaborative toxic contamination reduction approach for the Columbia River Basin; (ii) in the Lower Columbia River Basin and Estuary, build on the work and collaborative structure of the Estuary Partnership; (iii) coordinate with other efforts, including activities of other Federal agencies in the Columbia River Basin, to avoid duplicating activities or functions; and (iv) not impede implementation of existing agreements or other recovery and mitigation programs. (2) Scope of program The Program shall consist of a collaborative stakeholder-based program for reducing toxic contamination throughout the Columbia River Basin. (3) Duties The Administrator shall— (A) assess trends in water quality and toxic contamination or toxics reduction, including trends that affect uses of the water of the Columbia River Basin; (B) collect, characterize, and assess data on toxics and water quality to identify possible causes of environmental problems; (C) provide the Working Group with data, analysis, reports, or other information; (D) provide technical assistance to the Working Group, and to State governments, tribal governments, and local governments participating in the Working Group, to assist those agencies and entities in— (i) developing updates to the Action Plan; (ii) recommending and prioritizing projects and actions for the Action Plan; and (iii) reviewing progress and effectiveness of projects and actions implemented, as well as cumulative progress toward the goals of this section, and the Action Plan; (E) periodically update the Action Plan and the Estuary Plan as required by counsel, and ensure that those plans, when considered together and in light of relevant plans developed by other Federal or State agencies, form a coherent toxic contamination reduction strategy for the Columbia River Basin; (F) track progress toward meeting the identified goals and objectives of the Action Plan by coordinating and reporting environmental data related to the Action Plan and the Estuary Plan and making the data and reports on the data available to the public; and (G) provide grants in accordance with subsection (d) for projects that— (i) assist in— (I) eliminating or reducing pollution; (II) cleaning up contaminated sites; (III) improving water quality; (IV) monitoring to evaluate trends; (V) reducing runoff; (VI) protecting habitat; or (VII) promoting citizen engagement or knowledge; (ii) address the goals, tasks, or action items in the Action Plan or the Estuary Plan; and (iii) are recommended by the Working Group to implement the Estuary Plan. (c) Stakeholder working group (1) Establishment The Administrator shall establish a Columbia River Basin Toxics Reduction Working Group. (2) Membership (A) In general Membership in the Working Group shall be on a voluntary basis and any person invited by the Administrator under this subsection may decline membership. (B) Invited representatives The Administrator shall invite, at a minimum, representatives of— (i) each State located in whole or in part within the Columbia River Basin; (ii) the Governors of each State located in whole or in part with the Columbia River Basin; (iii) each federally recognized Indian tribe in the Columbia River Basin; (iv) local governments located in the Columbia River Basin; (v) industries operating in the Columbia River Basin that affect or could affect water quality; (vi) electric, water, and wastewater utilities operating in the Columba River Basin; (vii) private landowners in the Columbia River Basin; (viii) soil and water conservation districts in the Columbia River Basin; (ix) nongovernmental organizations that have a presence in the Columbia River Basin; (x) the general public in the Columbia River Basin; and (xi) the Estuary Partnership. (3) Geographic representation The Working Group shall include representatives from— (A) each State; and (B) each of the Lower, Middle, and Upper Basins of the Columbia River. (4) Duties and responsibilities The Working Group shall— (A) participate in developing updates to the Action Plan, including by providing comments on the updates; (B) recommend and prioritize projects and actions for the Action Plan; and (C) review the progress and effectiveness of projects and actions implemented, as well as cumulative progress toward the goals of this section, and the Action Plan. (5) Lower Columbia River Estuary (A) Estuary Partnership (i) In general The Estuary Partnership shall perform the duties and fulfill the responsibilities of the Working Group described in paragraph (4) as those duties and responsibilities relate to the Lower Columbia River Estuary for such time as the Estuary Partnership is the management conference for the Lower Columbia River National Estuary Program under section 320. (ii) Designation If the Estuary Partnership ceases to be the management conference for the Lower Columbia River National Estuary Program under section 320, the Administrator may designate the new management conference to assume the duties and responsibilities of the Working Group described in paragraph (4) as those duties and responsibilities relate to the Lower Columbia River Estuary. (B) Estuary plan (i) In general The Estuary Plan shall function as the Action Plan for the Lower Columbia River Estuary for such time as there is an Estuary Plan in place pursuant to section 320. (ii) Incorporation If the Estuary Partnership is removed from the National Estuary Program, the duties and responsibilities for the lower 146 miles of the Columbia River pursuant to this Act shall be incorporated into the duties of the Working Group. (d) Grants (1) In general The Administrator shall establish a voluntary, competitive Columbia River Basin toxics program to provide grants to State governments, tribal governments, regional water pollution control agencies and entities, local government entities, nongovernmental entities, or soil and water conservation districts to develop or implement projects authorized under this section for the purpose of implementing the Action Plan and the Estuary Plan. (2) Federal share (A) In general Except as provided in subparagraph (B), the Federal share of the cost of any project or activity carried out using funds from a grant provided to any person (including a State, tribal, or local government or interstate or regional agency) under this subsection for a fiscal year— (i) shall not exceed 75 percent of the total cost of the project or activity; and (ii) shall be made on condition that the non-Federal share of that total cost shall be provided from non-Federal sources. (B) Exceptions With respect to cost-sharing for a grant provided under this subsection— (i) a tribal government may use Federal funds for the non-Federal share; and (ii) the Administrator may increase the Federal share under such circumstances as the Administrator determines to be appropriate. (3) Allocation In making grants using funds appropriated to carry out this section, the Administrator shall— (A) provide not less than 25 percent of the funds to make grants for projects, programs, and studies in the Lower Columbia River Estuary; (B) provide not less than 25 percent of the funds to make grants for projects, programs, and studies in the Middle and Upper Columbia River Basin, which includes the Snake River Basin; and (C) retain for Environmental Protection Agency not more than 5 percent of the funds for purposes of implementing this section. (4) Reporting (A) In general Each grant recipient under this subsection shall submit to the Administrator reports on progress being made in achieving the purposes of this section. (B) Requirements The Administrator shall establish requirements and timelines for recipients of grants under this section to report on progress made in achieving the purposes of this section and the goals of the Action Plan and the Estuary Plan. (5) Relationship to other funding (A) In general Nothing in this section limits the eligibility of the Estuary Partnership to receive funding under section 320(g). (B) Limitation None of the funds made available under this subsection may be used for the administration of a management conference under section 320. (e) Annual budget plan The President, as part of the annual budget submission of the President to Congress under section 1105(a) of title 31, United States Code, shall submit information regarding each Federal agency involved in protection and restoration of the Columbia River Basin, including an interagency crosscut budget that displays for each Federal agency— (1) the amounts obligated for the preceding fiscal year for protection and restoration projects, programs, and studies relating to the Columbia River Basin; (2) the estimated budget for the current fiscal year for protection and restoration projects, programs, and studies relating to the Columbia River Basin; and (3) the proposed budget for protection and restoration projects, programs, and studies relating to the Columbia River Basin. (f) Authorization of appropriations There is authorized to be appropriated to the Administrator to carry out this section $50,000,000 for each of fiscal years 2015 through 2020, to remain available until expended. .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5216ih/xml/BILLS-113hr5216ih.xml
|
113-hr-5217
|
I 113th CONGRESS 2d Session H. R. 5217 IN THE HOUSE OF REPRESENTATIVES July 28, 2014 Mr. Castro of Texas introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To support afterschool and out-of-school-time science, technology, engineering, and mathematics programs, and for other purposes.
1. Short title This Act may be cited as the Supporting Afterschool STEM Act . 2. Findings Congress finds the following: (1) Numerous authoritative studies document that the proficiency of students in the United States in science, technology, engineering, and mathematics ( STEM ) will have a major impact on the Nation's future economic competitiveness and on the preeminence of the United States in scientific inquiry and technological innovation. (2) Results from the National Assessment of Educational Progress, the Trends in International Mathematics and Science Study, the Programme in International Science Assessment, and other sources show that students in the United States are not demonstrating sufficient achievement in the STEM subjects and are not keeping pace with students in other countries. (3) Research demonstrates the importance of afterschool programs in engaging students in STEM fields and building STEM-relevant skills and proficiencies, especially for girls, students from populations traditionally underrepresented in STEM fields, and students from low socioeconomic circumstances. (4) A National Research Council consensus study confirmed the importance of learning that occurs in out-of-school-time settings such as afterschool programs and science centers, and proposed a set of strands of science learning framework that articulated capabilities fostered by informal learning environments. (5) According to a 2013 study entitled Defining Youth Outcomes for STEM Learning in Afterschool , the afterschool field is confident in its ability to help young people develop interest in STEM and STEM learning activities, develop capacities to productively engage in such activities, and come to value them. The afterschool field is also confident that it can impact skills such as problem-solving abilities, demonstrating STEM skills, career awareness, and 21st century skills, such as team work, that are important to the workforce and national economic goals. (6) The Federal Government should use its resources as effectively as possible to increase opportunities for students to be exposed to STEM subjects outside of the school day and to build a balanced kindergarten through grade 12 STEM education portfolio that fosters learning in school as well as in out-of-school-time programs. (7) Afterschool programs have long partnered with other youth-serving and community organizations to meet the needs of students. Cross-sector collaborations between afterschool programs, schools, science centers, institutions of higher education, businesses, and other entities are yielding great benefits for engaging young people in STEM fields. (8) As interest and momentum grows around STEM programming in afterschool, more and better partnerships across Federal agencies become increasingly important to leverage resources and offer high-quality, hands-on STEM experiences for youth. 3. Purposes The purposes of this Act are— (1) to enhance America’s economic competitiveness by strengthening STEM education through fostering interest and success in STEM subjects among certain student populations in kindergarten through grade 12; (2) to engage Federal agencies and foster interagency collaboration in STEM education afterschool program investments; (3) to recognize the important role that afterschool programs offered by nonprofit and community-based organizations, science centers, museums, libraries, and other such entities, play in STEM education and to support their efforts; (4) to involve institutions of higher education as partners in such efforts and foster increased collaboration; and (5) to inspire young people to study and work in STEM subjects. 4. Definitions In this Act: (1) Afterschool or STEM network The term afterschool or STEM network means a coalition that fosters partnerships and provides support to afterschool program providers and STEM education providers to develop and sustain quality education programming for children and youth in afterschool programs and STEM education programs. (2) Afterschool program The term afterschool program means a structured program offered for elementary school, middle school, or secondary school students when school is not in session, such as before or after school, on the weekend, or during the summer. (3) Director The term Director means the Director of the National Science Foundation. (4) Elementary school The term elementary school has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (5) Middle school The term middle school means a nonprofit institutional day or residential school, including a public charter school, that provides middle grades education, as determined under State law. (6) Secondary school The term secondary school has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (7) Institution of higher education The term institution of higher education has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (8) STEM The term STEM means science, technology, engineering, or mathematics, and includes the fields of computer science and robotics. 5. Afterschool STEM Support Grant program (a) Goals of program The goals of the afterschool STEM grant program carried out under this Act are— (1) to support the development and delivery of high-quality STEM education to populations underrepresented in STEM fields; (2) to leverage the expertise and infrastructure available to afterschool programs that include STEM content through afterschool or STEM networks; (3) to leverage existing Federal STEM education investments, as of the date of enactment of this Act, in order to encourage STEM-focused grant recipients to lend their time and expertise to afterschool programs that include STEM content; and (4) to provide hands-on learning and exposure to STEM research facilities and businesses through in-person or virtual distance-learning experiences. (b) Program authorized (1) In general From amounts appropriated to carry out this part and not reserved under paragraph (4), the Director shall award grants, on a competitive basis, to afterschool or STEM networks— (A) to support afterschool programs that include STEM content through the activities described in subsection (e); and (B) to carry out the goals described in subsection (a). (2) Duration Each grant awarded under this Act shall be for a period of not more than 3 years. (3) Amounts The Director shall ensure that each grant awarded under this Act is in an amount that is sufficient to carry out the goals described in subsection (a). (4) Reservation From the amounts appropriated for this grant, the Director shall reserve 20 percent of such funds to develop and support new afterschool or STEM networks in States or areas where such networks do not exist. (c) Application (1) In general An afterschool or STEM network desiring a grant under subsection (b)(1) shall submit an application at such time, in such manner, and containing such information that the Director may require. (2) Contents The application described in paragraph (1) shall, at a minimum, include— (A) a description of the status of afterschool STEM programming in the State or area in which the afterschool or STEM network is located, including— (i) the number of afterschool programs in the State or area; (ii) the number of such afterschool programs focused on STEM subjects and activities; (iii) the number of students served by existing afterschool programs, as of the date of the application, in the State or area; (iv) the number of students served by existing afterschool programs that include STEM content in the State or area; (v) the unmet demand for afterschool programs in the State or area; and (vi) the unmet demand for afterschool programs focused on STEM subjects and activities in the State or area; (B) an analysis of existing and needed resources that identifies areas and populations most in need of opportunities for high-quality afterschool programs that include STEM content; (C) a description of the current and past work carried out by the afterschool or STEM network to support the needs of afterschool program providers in the State or area served by the network; (D) a detailed plan that describes initiatives that shall be undertaken to— (i) support and grow afterschool programs that include STEM content; and (ii) leverage existing Federal investments in afterschool programs and STEM education, as of the date of the application; (E) a description of financial and other commitments that support expanded afterschool STEM programming in the State or area served by the network; and (F) a description of any confirmed or potential partners that will work with the afterschool or STEM network to carry out the activities under the grant. (d) Priority In awarding grants under subsection (b)(1), the Director shall give priority to applications from afterschool or STEM networks that— (1) demonstrate a clear understanding of the afterschool programs and settings, and the status of afterschool programs that include STEM content, in the State or area to be served by the grant; (2) have established working relationships with afterschool program and STEM education stakeholders in the State or area; (3) are working to advance the availability of high-quality afterschool programs that include STEM content for under-served populations and populations underrepresented in STEM fields, including girls, African-Americans, and Latinos; and (4) are leveraging Federal or other public investments in STEM education or afterschool programming. (e) Uses of funds An afterschool or STEM network that receives a grant under subsection (b)(1) may use grant funds to carry out any of the following activities: (1) Develop quality standards for STEM programming in afterschool programs and provide technical assistance to afterschool programs to implement such standards. (2) Work with State education stakeholders to define and promote appropriate measurable outcomes for afterschool programs that include STEM content. (3) Provide technical assistance to afterschool programs to start or grow their afterschool STEM efforts and define appropriate learning outcomes for such efforts. (4) Coordinate professional development for afterschool program educators by— (A) identifying training programs that are available, as of the time of the identification, for afterschool program educators; (B) working with partners to allow joint professional development with teachers at elementary schools, middle schools, and secondary schools, as appropriate; and (C) partnering with teacher training programs to utilize afterschool programs for practicum experiences, employment placements, and other opportunities. (5) Help afterschool program providers form strategic partnerships as needed to advance STEM learning in afterschool programs, including partnerships with elementary schools, middle schools, secondary schools, institutions of higher education (including community colleges and programs and schools of education), businesses, research facilities, national laboratories, and other appropriate entities. (6) Create and disseminate tool kits to afterschool programs wanting to form partnerships and incorporate STEM professionals as mentors and role models that— (A) provide technical assistance and guidance, including assistance in connecting afterschool program providers with STEM researchers and professionals who may be able to assist in STEM-focused activities; and (B) include— (i) examples of strong afterschool programs that have incorporated such partnerships to serve as models; (ii) a list of potential partners that could assist in STEM-focused activities; (iii) identified federally supported STEM education programs and research in the State or area served by the grant; and (iv) guidance on how to engage STEM professionals, mentors, and role models in the program. (7) Provide technical assistance to federally funded STEM researchers and professionals who wish to engage with afterschool programs that, at a minimum, includes— (A) examples of partnerships between afterschool programs and institutions rich in STEM resources; (B) a resource that provides a description of the afterschool program setting, the opportunities for engagement in afterschool programs, and the constraints of which the researchers or professionals need to be aware; (C) how to find an afterschool program provider with which the researcher or professional would like to engage; (D) how to ensure an effective and productive partnership with the afterschool provider through mutually beneficial engagement, and engage in a productive conversation with the afterschool provider to determine if the partnership will be productive; (E) how to craft a mutually beneficial engagement and partnership; and (F) guidance on how to measure appropriate outcomes for afterschool programs and afterschool programs that include STEM content. (8) Any other activity, as proposed in the application and determined appropriate by the Director. (f) Report Each afterschool or STEM network receiving a grant under subsection (b)(1) shall submit an annual report to the Director regarding the progress of the grant. 6. Federal Partnership with afterschool programs Beginning not later than 180 days after the date of enactment of this Act, the Director shall provide information, to each recipient of a STEM research grant under the authority of the Director, on opportunities to engage with students in out-of-school-time programs, such as through mentorships. Such information shall include— (1) a listing of all afterschool or STEM program networks in the region of the recipient; (2) a toolkit that provides guidance to federally funded STEM researchers on how to engage and partner with afterschool STEM program providers and lend their time and expertise in afterschool programs that include STEM content; (3) information regarding how to create opportunities to have students visit laboratories; and (4) guidance regarding how to create age-appropriate research projects for students. 7. Report By not later than 180 days after the date of enactment of this Act, the Director shall prepare and submit to Congress a report on Federal STEM investments in afterschool programs and the best practices for afterschool programs incorporating STEM subjects into their programs.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5217ih/xml/BILLS-113hr5217ih.xml
|
113-hr-5218
|
I 113th CONGRESS 2d Session H. R. 5218 IN THE HOUSE OF REPRESENTATIVES July 28, 2014 Mr. Clay introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to establish a National Organ and Tissue Donor Registry Resource Center, to authorize grants for State organ and tissue donor registries, and for other purposes.
1. Short title This Act may be cited as the Everson Walls and Ron Springs Gift for Life Act of 2014 . 2. National Organ and Tissue Donor Registry Resource Center Part H of title III of the Public Health Service Act ( 42 U.S.C. 273 et seq. ) is amended by inserting after section 371A the following: 371B. National Organ and Tissue Donor Registry Resource Center (a) In general The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall establish a National Organ and Tissue Donor Registry Resource Center (referred to in this section as the Center ). (b) Duties The Center shall— (1) advance the development, expansion, and evaluation of State organ and tissue donor registries; (2) facilitate timely access to and exchange of accurate donor information between State registries 7 days each week on a 24-hour basis; (3) ensure that State organ and tissue donor registries funded through section 371C are in compliance with the requirements described in such section, including the operating standards described in section 371C(d); (4) provide technical assistance to States for the establishment and operation of State organ and tissue registries; and (5) maintain a registry information clearinghouse, including by maintaining a Web site, to collect, synthesize, and disseminate best practices information about organ and tissue donor registries. (c) Authorization of appropriations There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2015 through 2019. . 3. Grants for State organ and tissue donor registries Part H of title III of the Public Health Service Act ( 42 U.S.C. 273 et seq. ) is amended by inserting after section 371B, as inserted by section 2, the following: 371C. Grants for State organ and tissue donor registries (a) Program authorized The Secretary shall award grants or cooperative agreements to eligible entities to support the development, enhancement, expansion, and evaluation of State organ and tissue donor registries. (b) Definition In this section, the term eligible entity means a State agency or a State contracted entity. (c) Use of funds As a condition on the receipt of a grant or cooperative agreement under this section, an eligible entity shall agree to use the grant or cooperative agreement— (1) to develop, expand, or maintain a State organ and tissue donor registry; and (2) to establish benchmarks for improvement in organ and tissue donation in the State. (d) Operating standards As a condition on the receipt of a grant or cooperative agreement under this section for a State organ and tissue donor registry, an eligible entity shall agree to maintain the registry in accordance with the following: (1) The registry must allow a donor or any other person authorized by the donor to include in the registry a statement or symbol that the donor has made, amended, or revoked an anatomical gift. (2) The registry must be accessible to any qualified organ procurement organization described in section 371(b) to allow the organization to obtain relevant information on the registry to determine, at or near the death of the donor or a prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift. (3) The registry must be accessible as described in paragraphs (1) and (2) 7 days each week on a 24-hour basis. (4) The registry must ensure that personally identifiable information on the registry about a donor or prospective donor may not be used or disclosed without the express consent of the donor or prospective donor for any purpose other than to determine, at or near the death of the donor or prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift. (e) Application To seek a grant or cooperative agreement under this section, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (f) Report As a condition on the receipt of a grant or cooperative agreement under this section, not later than 180 days after receipt of the grant or cooperative agreement, and every 180 days thereafter (through the date of completion of the activities funded through the grant or cooperative agreement), an eligible entity shall prepare and submit a report to the Secretary that— (1) describes the manner in which such entity has used amounts received through the grant or cooperative agreement; and (2) assesses initiatives that may be replicated in other States. (g) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2015 through 2019. . 4. Limitation on liability Part H of title III of the Public Health Service Act ( 42 U.S.C. 273 et seq. ) is amended by inserting after section 371C, as inserted by section 3, the following: 371D. Limitation on liability No person may be held civilly liable by reason of having harvested or taken an individual’s organs or tissues without having obtained valid consent for the harvesting or taking, if— (1) such person has verified that, at the time of the harvesting or taking, the individual is registered as a donor with a State organ and tissue donor registry; and (2) the harvesting or taking is within the scope of the consent given by such individual for purposes of such registration. . 5. Study on feasibility of establishing a living donor database Section 371A of the Public Health Service Act ( 42 U.S.C. 273a ) is amended— (1) by striking The Secretary may establish and inserting (a) In general.— The Secretary may establish ; and (2) by adding at the end the following: (b) Study Not later than 1 year after the date of the enactment of the Everson Walls and Ron Springs Gift for Life Act of 2014, the Comptroller General of the United States shall— (1) complete a study to determine the feasibility of establishing a living donor database for the purpose of tracking the short- and long-term health effects for such donors associated with living organ donation; and (2) submit a report to the Congress on the results of such study. .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5218ih/xml/BILLS-113hr5218ih.xml
|
113-hr-5219
|
I 113th CONGRESS 2d Session H. R. 5219 IN THE HOUSE OF REPRESENTATIVES July 28, 2014 Mr. Garcia (for himself, Mr. Polis , and Mr. Cárdenas ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To promote innovative practices for the education of English learners and to help States and local educational agencies with English learner populations build capacity to ensure that English learners receive high-quality instruction that enables them to become proficient in English, access the academic content knowledge needed to meet State challenging academic content standards, and be prepared for postsecondary education and careers.
1. Short title This Act may be cited as the English Learning and Innovation Act . 2. English learner innovation grants (a) In General Title III of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6801 et seq. ) is amended— (1) in section 3001(a)— (A) in paragraph (1), by inserting “and part C” after “part B”; and (B) by adding at the end of the following: (3) English learner innovation grants There are authorized to be appropriated to carry out part C, $100,000,000 for fiscal year 2015 and each of the 5 succeeding fiscal years. ; (2) by redesignating part C as part D; (3) by redesignating sections 3301 through 3304 as sections 3401 through 3404, respectively; (4) in section 3111(c)(1)(C), by striking 3303 each place the term appears and inserting 3403 ; (5) in section 3116(d)(1), by striking 3302 and inserting 3402 ; and (6) by inserting after part B the following: C English Learner Innovation Grants. 3301. Purpose The purposes of this part are— (1) to support eligible entities and eligible agencies in developing and strengthening innovative systems that support high-quality instruction for a diverse group of English learners, including English learners who have entered a school in the United States after elementary school or English learners who have been in schools in the United States for more than 5 years without achieving English language proficiency (as determined through the assessment described in section 1111(b)(7)), or both; and (2) to encourage successful strategies in providing coordinated literacy and parent engagement service models for low-literate limited English proficient parents of English learners. 3302. Innovation grants (a) Program authorized From amounts appropriated under section 3001(a)(3), the Secretary may award grants, on a competitive basis, to eligible entities that have demonstrated progress in establishing and committing to provide high-quality instruction that results in the ability of English learners to achieve English language proficiency and to demonstrate content mastery in core academic subjects to enable such eligible entities to carry out the activities described in subsection (f). (b) Duration (1) In general Grants awarded under this section shall be for a period of not more than 4 years. (2) Renewal The Secretary may renew a grant under this section for an additional 2-year period, if the eligible entity demonstrates success in— (A) improving the English language proficiency of students served by the grant program, as measured by the assessment described in section 1111(b)(7); (B) increasing the percentage of English learners who achieve proficiency on the State academic assessment in mathematics, reading or language arts, and science, as described in section 1111(b)(3); (C) increasing the percentage of secondary school students who achieve proficiency in core academic subjects; (D) increasing the awareness and knowledge of the education system for parents of English learners; (E) improving the English language proficiency and literacy skills of parents served by the grant program; and (F) increasing the graduation rate, as defined in section 1111(b)(2)(C)(vi) and clarified in section 200.19(b)(1) of title 34, Code of Federal Regulations, for English learners. (c) Eligible entity The term eligible entity means— (1) a State educational agency; (2) a local educational agency; or (3) a public charter school or a charter school management organization. (d) Applications (1) In General An eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Contents At a minimum, the application described in paragraph (1) shall include the following: (A) A description of how the eligible entity will use grant funds to implement English language proficiency standards, and the academic content standards and student academic achievement standards required under section 1111(b)(1), to assist English learners in— (i) improving English language proficiency, academic achievement, and achievement in core academic subject areas; and (ii) improving preparation for postsecondary education and careers. (B) A description of the benchmarks, consistent with section 3304(b)(1), that the eligible entity will establish to demonstrate improvements in outcomes for students who are English learners. (C) A description of how the eligible entity has used the metrics described in subparagraphs (A) through (D) of subsection (b)(2) and the benchmarks described in subparagraph (B) to create a data-driven needs assessment that the eligible entity will use to determine how grant funds will be used. (D) A description of how the eligible entity will use Federal funds received under this section only to supplement the funds that would, in the absence of such Federal funds, be made available from non-Federal sources for the education of students participating in programs assisted under this section, and not to supplant such funds. (e) Priority In awarding grants under this section, the Secretary shall give priority to eligible entities that— (1) use funds, or propose to use grant funds under this section, to— (A) implement evidence-based strategies, as determined by the Secretary, for activities described in subsection (f); (B) provide educational opportunities for English learners who have entered a school in the United States after elementary school or English learners who have been in schools in the United States for more than 5 years without achieving English language proficiency (as determined through the assessment described in section 1111(b)(7)), or both; (C) provide a continuum of literacy, parenting, and parent engagement services for low-literate limited English proficient parents of young English learners; or (D) serve populations of rural students and students who are migratory children, as defined in section 1309(2); (2) form partnerships with entities to carry out activities under the grant; or (3) work with an educational research entity that is, at the time of the application, implementing research-based programs or interventions in schools that serve a significant percentage of English learners. (f) Use of funds Each eligible entity that receives a grant under this section shall use the grant funds to carry out activities that lead to English learners becoming proficient in English in order to access the academic content knowledge that English learners need to meet the State challenging academic content standards under section 1111(b)(1) and to be ready for postsecondary education and careers, which may include— (1) improving instructional programs by— (A) implementing evidence-based language instruction programs, including— (i) technology-based programs; and (ii) early childhood education programs, if applicable; (B) consistent with State law, implementing a program that uses instruction in the native language as a basis for English language acquisition, such as— (i) a dual-language program; or (ii) a bilingual education program; or (C) obtaining technical assistance from an expert to develop or implement materials for English learner instruction; (2) ensuring that English learners are taught by effective teachers and attend schools that are administered by effective principals, by— (A) developing or implementing a strategy to recruit effective teachers and principals; (B) developing or implementing a strategy to retain effective teachers and principals; or (C) developing or implementing a strategy to improve the effectiveness of teachers and principals; (3) increasing the ability of families of English learners to be engaged in their child’s education and development; (4) expanding best practices to other schools or local educational agencies that are served by the eligible entity; or (5) carrying out other activities consistent with the purpose of this part. 3303. Capacity building grants (a) Capacity Building Grants (1) In General From amounts appropriated under section 3001(a)(3), the Secretary may award capacity-building grants, on a competitive basis, to eligible agencies that demonstrate a commitment to establishing and maintaining a system of high-quality instruction for English learners to enable such eligible agencies to carry out the activities described in subsection (g). (2) Limitations The Secretary shall not award a grant under this section to an eligible agency that has received a grant under section 3302. (b) Duration (1) In General Grants awarded under this section shall be for a period of not more than 4 years. (2) Renewal The Secretary shall not renew a grant under this section. (c) Eligible agency The term eligible agency means a State educational agency or local educational agency that has experienced a significant increase, as determined by the Secretary, in the number of English learners that the State educational agency or local educational agency, respectively, serves. (d) Funding requirement Continued funding after the second year of the grant period for a grant awarded under this section shall be contingent on the eligible agency’s progress in— (1) meeting the benchmarks described in subsection (e)(2)(B); (2) improving the English language proficiency of students served by the grant program, as measured by the assessment described in section 1111(b)(7); (3) increasing the percentage of English learners who achieve proficiency on State academic assessments in mathematics, reading or language arts, and science, as described in section 1111(b)(3); (4) increasing the percentage of secondary school students who achieve proficiency in core academic subjects; (5) increasing the graduation rate, as defined in section 1111(b)(2)(C)(vi) and clarified in section 200.19(b)(1) of title 34, Code of Federal Regulations, for English learners; (6) increasing the awareness and knowledge of the education system for parents of English learners; and (7) improving the English language proficiency and literacy skills of parents of English learners. (e) Applications (1) In General An eligible agency desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Contents At a minimum, the application described in paragraph (1) shall include the following: (A) A description of how the eligible entity will use grant funds to implement English language proficiency standards and challenging student academic achievement standards and academic content standards under section 1111(b)(1) to assist English learners in— (i) improving English language proficiency; (ii) improving preparation for postsecondary education and careers; (iii) improving the English language proficiency and literacy skills of their parents; and (iv) improving the knowledge and ability of their parents to navigate the education system. (B) A description of the benchmarks, consistent with section 3304(b), that the eligible agency will establish to demonstrate improvements in outcomes for students who are English learners. (C) A description of how the eligible agency will efficiently use funds to build upon previous efforts to educate English learners and their parents. (D) A description of how the eligible entity will use Federal funds received under this section only to supplement the funds that would, in the absence of such Federal funds, be made available from non-Federal sources for the education of students participating in programs assisted under this section, and not to supplant such funds. (f) Priority In awarding grants under this section, the Secretary shall give priority to eligible agencies that propose to use grant funds to implement evidence-based strategies, as determined by the Secretary, in order to become competitive in the application process for a grant described in section 3302. (g) Use of Funds (1) Required Use of Funds An eligible agency that receives a grant under this section shall use the grant funds to carry out activities that— (A) build the eligible agency's capacity to provide quality instruction to English learners and their parents; and (B) will allow the eligible agency to become competitive in the application process for a grant described in section 3302. (2) Permissible Use of Funds An eligible agency that receives a grant under this section may use the grant funds to ensure that English learners are taught by effective teachers and attend schools that are administered by effective principals, by— (A) developing or implementing a strategy to recruit effective teachers and principals; (B) developing or implementing a strategy to retain effective teachers and principals; or (C) developing or implementing a strategy to improve the effectiveness of teachers and principals. 3304. Indicators, evaluation, technical assistance, and research (a) Indicators (1) In General The Secretary, in consultation with the Director of the Institute of Education Sciences, shall establish indicators to measure the success of grant programs under this part. (2) Primary indicator The primary indicator described in paragraph (1) shall be the percentage of students who— (A) are English learners; (B) become English language proficient; (C) are on track for postsecondary education and a career; (D) have parents who demonstrate improved English language or basic literacy skills; (E) have parents who increase their knowledge of the education system; and (F) have parents who increase their participation in their children’s education. (b) Evaluation and Reports by the Eligible Entity Each eligible entity and eligible agency receiving a grant under this part shall— (1) develop quantifiable benchmarks to evaluate the activities that the eligible entity or eligible agency carries out under this part, based on the applicable indicators described in subsection (a), which may include— (A) the percentage of students who are English learners who obtain English proficiency; (B) the rate of participation of students who are English learners in the State academic assessments under section 1111(b); (C) the reduction in the percentage of students who are English learners and who are in the lowest level of achievement on such State assessments in English, reading or language arts, and mathematics; (D) the percentage of students who are English learners and who are taking advanced coursework; (E) the percentage of parents of English learners who advance at least one educational functioning level in English language proficiency, based on the Department's National Reporting System of Adult Education, after a year of participating in a program supported under this part; (F) the percentage of parents of English learners who enter postsecondary education or job training after a year of participating in such program; (G) improvement, based on pre- and post- surveys, of the knowledge of the parents of English learners regarding the education system; or (H) improvement, based on instructor observation, of child and parent interactions and reports of parent engagement; (2) submit the benchmarks described in paragraph (1) to the Secretary for approval; and (3) prepare and submit an annual report to the Secretary on the progress that the eligible entity or eligible agency is making toward meeting such benchmarks. (c) Technical Assistance The Secretary shall reserve not more than 1 percent from amounts appropriated in section 3001(a)(3) to directly, or through grant or contract, provide technical assistance to eligible entities and eligible agencies to prepare the entities and agencies to qualify, apply for, and maintain grants under this part. (d) Research and evaluation The Secretary shall reserve not more than 0.5 percent from amounts appropriated in section 3001(a)(3) to evaluate grants or provide technical assistance for activities funded under this part. 3305. Definitions In this part: (1) Dual language program The term dual language program means an instructional strategy for English learners— (A) in which students are taught literacy and content in English and another language and use the other language for at least half of the instructional day; and (B) that fosters bilingualism, biliteracy, enhanced awareness of linguistic and cultural diversity, and high levels of academic achievement through instruction in 2 languages. (2) English learner The term English learner means an individual who is limited English proficient, as defined in section 9101. .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5219ih/xml/BILLS-113hr5219ih.xml
|
113-hr-5220
|
I 113th CONGRESS 2d Session H. R. 5220 IN THE HOUSE OF REPRESENTATIVES July 28, 2014 Mr. Graves of Missouri 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 Land and Water Conservation Fund to limit the use of funds available from the Land and Water Conservation Fund Act of 1965 to use for maintenance.
1. Short title This Act may be cited as the No More Land Act . 2. Limitation on use of funds from land and water conservation fund The Land and Water Conservation Fund Act of 1965 is amended— (1) in section 1(b)(2) ( 16 U.S.C. 460l–4(b)(2) ) by striking acquisition and development and inserting maintenance ; (2) in section 5 ( 16 U.S.C. 460l–7 ) in the last sentence, in the text preceding paragraph (1), by striking acquisition and inserting maintenance ; (3) in section 7(a) ( 16 U.S.C. 460l–9(a) )— (A) in the matter preceding paragraph (1) by inserting for maintenance after otherwise allotted ; (B) in paragraph (1)— (i) in the matter preceding the first undesignated paragraph by striking For the acquisition and inserting For the maintenance ; (ii) by amending the second undesignated paragraph to read as follows: National forest system Wilderness areas of the National Forest System, and other areas of national forests that are primarily of value for outdoor recreation. . (iii) by amending the third undesignated paragraph to read as follows: National wildlife refuge system Federal lands that are acquired for endangered species and threatened species under section 5(a) of the Endangered Species Act of 1973; areas acquired under section 2 of the Act of September 28, 1962 ( 16 U.S.C. 460k–1 ); national wildlife refuge areas acquired under section 7(a)(5) of the Fish and Wildlife Act of 1956 ( 16 U.S.C. 742f(a)(4) ), and wetlands acquired under section 304 of the Emergency Wetlands Resources Act of 1986; and any areas acquired for the National Wildlife Refuge System by specific Acts. ; and (C) by striking paragraph (3); (4) in subsection (b) of section 7 ( 16 U.S.C. 460l–9(b) ) by striking unless and all that follows through the end of the subsection and inserting a period; (5) by striking subsection (c) of section 7 ( 16 U.S.C. 460l–9(c) ); and (6) by striking sections 9 and 10 (16 U.S.C. 460l–10a and 460l–10b). 3. Requirement to reduce backlogged maintenance The head of each covered landholding agency shall— (1) by not later than the end of the 5-fiscal-year period beginning on the date of the enactment of this Act, reduce by at least 20 percent the dollar value of backlogged maintenance that exists on the date of the enactment of this Act with respect to lands under the administrative jurisdiction of the agency; and (2) by not later than the end of each 5-fiscal-year period thereafter, reduce the dollar value of backlogged maintenance that exists on the first day of that period with respect to lands under the administrative jurisdiction of the agency, by an amount that is equal to or greater than the sum of— (A) 20 percent of the dollar value of backlogged maintenance that exists on the date of the enactment of this Act with respect to such lands; (B) the amount of any reduction in backlogged maintenance previously required under this section that has not been carried out; and (C) any additional backlogged maintenance that arose on or after the date of the enactment of this Act and that has not been carried out. 4. Reports on reduction of backlogged maintenance (a) In general The head of each covered landholding agency shall publish and submit reports to the Congress that— (1) document the progress made by the agency in reducing backlogged maintenance with respect to lands under the administrative jurisdiction of the agency, including a statement of— (A) the dollar value of the reduction in backlogged maintenance that has been achieved by the agency in the 5-fiscal-year period covered by the report; (B) whether or not the agency, in the 5-fiscal-year period covered by the report, has achieved the reduction in backlogged maintenance required to be achieved by the agency under section 3 for that period; and (C) the amount (if any) by which the dollar value stated in subparagraph (A) is less than the amount of reduction in backlogged maintenance that is required to be achieved by the agency under section 3; (2) include a prioritized list of construction, deferred maintenance, and regular maintenance projects the agency must carry out in order to achieve reductions in backlogged maintenance required under section 3; and (3) include a plan for carrying out such projects over the next 5 fiscal years. (b) Timing of reports The head of a covered landholding agency— (1) shall publish and submit the first report under this section by not later than 30 days after the end of the first 5-fiscal-year period beginning after the date of the enactment of this Act; and (2) shall publish and submit subsequent reports under this section by not later than 30 days after the end of each subsequent 5-fiscal-year period thereafter until all backlogged maintenance has been completed with respect to lands under the administrative jurisdiction of the agency. (c) Final report Not later than December 31 of the year in which all backlogged maintenance has been completed with respect to lands under the administrative jurisdiction of a covered landholding agency, the head of the agency shall submit to the Congress a final report that, in detail— (1) prioritizes lands that are owned by the Federal Government and under the administrative jurisdiction of the agency, based on the success of programs of the agency that relate to such lands; (2) describes a system of regular maintenance that is required with respect to such lands; and (3) includes a prioritized list of capital improvement projects for such lands. 5. Prioritization of lands Not later than 4 years after the date of the enactment of this Act, the head of each covered landholding agency shall submit to the Congress a report that prioritizes lands that are owned by the Federal Government and under the administrative jurisdiction of the agency, from highest to lowest priority in the order of their importance to the success of programs carried out by the agency. 6. Definitions In this Act: (1) Backlogged maintenance The term backlogged maintenance — (A) means the total dollar value of regular maintenance, deferred maintenance, and capital improvement to be carried out with respect to lands under the administrative jurisdiction of a covered landholding agency that has not been completed; and (B) is deemed to be, on the date of the enactment of this Act— (i) $600,000,000 with respect to lands under the administrative jurisdiction of the Bureau of Land Management; (ii) $2,300,000,000 with respect to lands under the administrative jurisdiction of the United States Fish and Wildlife Service; (iii) $314,000,000 with respect to lands under the administrative jurisdiction of the Forest Service; and (iv) $11,500,000,000 with respect to lands under the administrative jurisdiction of the National Park Service. (2) Covered landholding agency The term covered landholding agency means each of— (A) the Bureau of Land Management; (B) the United States Fish and Wildlife Service; (C) the Forest Service; and (D) the National Park Service. (3) Maintenance The term maintenance means the upkeep of real property, including capital improvement and development.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5220ih/xml/BILLS-113hr5220ih.xml
|
113-hr-5221
|
I 113th CONGRESS 2d Session H. R. 5221 IN THE HOUSE OF REPRESENTATIVES July 28, 2014 Mr. Hinojosa (for himself, Mr. Vela , Mr. Michaud , Mr. Cuellar , Ms. Eddie Bernice Johnson of Texas , and Mr. Grijalva ) introduced the following bill; which was referred to the Committee on Energy and Commerce , 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 establish grant programs to improve the health of border area residents and for all hazards preparedness in the border area including bioterrorism, infectious disease, and noncommunicable emerging threats, and for other purposes.
1. Short title This Act may be cited as the Border Health Security Act of 2014 . 2. Findings Congress makes the following findings: (1) The United States-Mexico border is an interdependent and dynamic region of more than 15,000,000 people with significant and unique public health challenges. (2) These challenges include low rates of health insurance coverage, poor access to health care services, high unemployment rates, low educational attainment, and high rates of dangerous diseases, such as tuberculosis, diabetes, obesity, and other non-communicable diseases. (3) As the 2009 novel influenza A (H1N1) pandemic illustrated, diseases do not respect international boundaries, and a strong public health effort at and along the borders is crucial to not only protect and improve the health of Americans but also to help secure the country against threats to biosecurity and other emerging threats. (4) For 11 years, the United States-Mexico Border Health Commission has served as a crucial binational institution to address these unique and truly cross-border health issues. (5) More than 75 percent of Canadians live within 100 miles of the United States border. The 2003 epidemic of severe acute respiratory syndrome caused more than 250 illnesses in the Greater Toronto Area, just 80 miles from New York. 3. United States-Mexico Border Health Commission Act amendments The United States-Mexico Border Health Commission Act ( 22 U.S.C. 290n et seq. ) is amended— (1) in section 3— (A) in paragraph (1), by striking ; and and inserting ; ; (B) in paragraph (2), by striking the period and inserting a semicolon; and (C) by adding at the end the following: (3) to cooperate with the Canada-United States Pan-Border Public Health Preparedness Council (referred to in this Act as the Council ), as appropriate; and (4) to serve as an independent and objective body to both recommend and implement initiatives that solve border health issues. ; (2) in section 5— (A) in subsection (b), by striking should be the leader and inserting shall be the Chair ; and (B) by adding at the end the following: (d) Providing advice and recommendations Members of the Commission and the Council may at any time provide advice or recommendations to the Secretary, Congress, or any Member of Congress concerning issues that are considered by the Commission or Council. Such advice or recommendations may be provided regardless of whether a request for such is made and regardless of whether the member or individual is authorized to provide such advice or recommendations by the Commission or Council or any other Federal official. ; (3) by redesignating section 8 as section 12; (4) by striking section 7 and inserting the following: 7. Border health grants (a) Eligible entity defined In this section, the term eligible entity means a State, public institution of higher education, local government, Indian tribe, tribal organization, urban Indian organization, nonprofit health organization, trauma center, critical access hospital or other hospital that serves rural or other vulnerable communities and populations, faith-based entity, or community health center receiving assistance under section 330 of the Public Health Service Act ( 42 U.S.C. 254b ), that is located in the United States-Mexico border area or the United States-Canada border area. (b) Authorization From amounts appropriated under section 11, the Secretary, in consultation with members of the Commission and Council and in coordination with the Office of Global Affairs, shall award grants to eligible entities to address priorities and recommendations outlined by the strategic plan and operational work plan of the Commission and the Council, as authorized under section 9, to improve the health of United States-Mexico border area and United States-Canada border area residents. (c) Application An eligible entity that desires a grant under subsection (b) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (d) Use of funds An eligible entity that receives a grant under subsection (b) shall use the grant funds for any of the following: (1) Programs relating to any 1 or more of the following: (A) Maternal and child health. (B) Primary care and preventative health. (C) Infectious disease testing, monitoring, and surveillance. (D) Public health and public health infrastructure. (E) Health promotion. (F) Oral health. (G) Behavioral and mental health. (H) Substance abuse prevention and harm reduction. (I) Health conditions that have a high prevalence in the United States-Mexico border area or United States-Canada border area. (J) Medical and health services research. (K) Workforce training and development. (L) Community health workers and promotoras. (M) Health care infrastructure problems in the United States-Mexico border area or United States-Canada border area (including planning and construction grants). (N) Health disparities in the United States-Mexico border area or United States-Canada border area. (O) Environmental health. (P) Health education. (Q) Outreach and enrollment services with respect to Federal programs (including programs authorized under titles XIX and XXI of the Social Security Act ( 42 U.S.C. 1396 et seq. and 1397aa et seq.)). (R) Trauma care. (S) Health research with an emphasis on infectious disease and pressing issues related to noncommunicable diseases. (T) Epidemiology and health research. (U) Cross-border health surveillance coordinated with Mexican Health Authorities or Canadian Health Authorities. (V) Obesity, particularly childhood obesity. (W) Crisis communication, domestic violence, health literacy, or cancer. (X) Community-based participatory research on border health issues. (Y) Violence prevention. (Z) Cross-border public health preparedness. (2) Other programs determined appropriate by the Secretary. (e) Supplement, not supplant Amounts provided to an eligible entity awarded a grant under subsection (b) shall be used to supplement and not supplant other funds available to the eligible entity to carry out the activities described in subsection (d). 8. Grants for Early Warning Infectious Disease Surveillance (EWIDS) in the border area (a) Eligible entity defined In this section, the term eligible entity means a State, local government, Indian tribe, tribal organization, urban Indian organization, trauma center, regional trauma center coordinating entity, or public health entity. (b) Authorization From funds appropriated under section 11, the Secretary shall award grants for Early Warning Infectious Disease Surveillance (EWIDS) to eligible entities for infectious disease surveillance activities in the United States-Mexico border area or United States-Canada border area. (c) Application An eligible entity that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (d) Uses of funds An eligible entity that receives a grant under subsection (b) shall use the grant funds, in coordination with State and local all hazards programs, to— (1) develop and implement infectious disease surveillance plans and networks and public health emergency and readiness assessments and preparedness plans, and purchase items necessary for such plans; (2) coordinate infectious disease surveillance planning and interjurisdictional risk assessments in the region with appropriate United States-based agencies and organizations and appropriate authorities in Mexico or Canada; (3) improve infrastructure, including surge capacity, syndromic surveillance, and isolation/decontamination capacity, and policy preparedness, including for mutual assistance and for the sharing of information and resources; (4) improve laboratory capacity, in order to maintain and enhance capability and capacity to detect potential infectious disease, whether naturally occurring or the result of terrorism; (5) create and maintain a health alert network, including risk communication and information dissemination that is culturally competent and takes into account the needs of at-risk populations, including individuals with disabilities; (6) educate and train clinicians, epidemiologists, laboratories, and emergency management personnel; (7) implement electronic data and infrastructure inventory systems to coordinate the triage, transportation, and treatment of multicasualty incident victims; (8) provide infectious disease testing in the United States-Mexico border area or United States-Canada border area; and (9) carry out such other activities identified by the Secretary, members of the Commission, members of the Council, State or local public health authorities, representatives of border health offices, or authorities at the United States-Mexico or United States-Canada borders. 9. Plans, reports, audits, and by-laws (a) Strategic plan (1) In general Not later than 2 years after the date of enactment of this section, and every 5 years thereafter, the Commission (including the participation of members representing both the United States and Mexican sections) and the Council (including the participation of members representing both the United States and Canada) shall each prepare a binational strategic plan to guide the operations of the Commission and the Council and submit such plan to the Secretary and Congress. (2) Requirements The binational strategic plan under paragraph (1) shall include— (A) health-related priority areas determined most important by the full membership of the Commission or Council, as applicable; (B) recommendations for goals, objectives, strategies, and actions designed to address such priority areas; and (C) a proposed evaluation framework with output and outcome indicators appropriate to gauge progress toward meeting the objectives and priorities of the Commission or Council, as applicable. (b) Work plan Not later than January 1, 2016, and every 2 years thereafter, the Commission and the Council shall develop and approve an operational work plan and budget based on the strategic plan under subsection (a). (c) GAO review Not later than January 1, 2017, and every 2 years thereafter, the Comptroller General of the United States shall conduct an evaluation of the activities conducted by the Commission and the Council based on the operational work plans described in subsection (b) for the previous year and the output and outcome indicators included in the strategic plan described in subsection (a). The evaluation shall include a request for written evaluations from members of the Commission and the Council about barriers and facilitators to executing successfully the work plans of the Commission and the Council. (d) Biannual reporting The Commission and Council shall each issue a biannual report to the Secretary that provides independent policy recommendations related to border health issues. Not later than 3 months following receipt of each such biannual report, the Secretary shall provide to Congress the report and any studies or other materials produced independently by the Commission and Council. (e) Audits The Secretary shall annually prepare an audited financial report to account for all appropriated assets expended by the Commission and Council to address both the strategic and operational work plans for the year involved. (f) By-Laws Not later than 6 months after the date of enactment of this section, the Commission and Council shall develop and approve bylaws to provide fully for compliance with the requirements of this section. (g) Transmittal to congress The Commission and Council shall submit copies of the operational work plan and by-laws to Congress. The Comptroller General of the United States shall submit a copy of each evaluation completed under subsection (c) to Congress. 10. Coordination (a) In general To the extent practicable and appropriate, plans, systems, and activities to be funded (or supported) under this Act for all hazard preparedness, and general border health, shall be coordinated with Federal, State, and local authorities in Mexico, Canada, and the United States. (b) Coordination of health services and surveillance The Secretary, acting through the Assistant Secretary for Preparedness and Response, when appropriate, may coordinate with the Secretary of Homeland Security in establishing a health alert system that— (1) alerts clinicians and public health officials of emerging disease clusters and syndromes along the United States-Mexico border area and United States-Canada border area; and (2) warns of health threats, extreme weather conditions, disasters of mass scale, bioterrorism, and other emerging threats along the United States-Mexico border area and United States-Canada border area. 11. Authorization of appropriations There is authorized to be appropriated to carry out this Act $7,000,000 for fiscal year 2015 and each succeeding year, subject to the availability of appropriations for such purpose, of which $4,650,000 shall be made available to fund operationally feasible functions, activities, and grants with respect to the United States-Mexico border and the border health activities under cooperative agreements with the border health offices of the States of California, Arizona, New Mexico, and Texas, and $2,350,000 shall be allocated for the administration of United States activities under this Act on the United States-Canada border and the border health authorities, acting through the Canada-United States Pan-Border Public Health Preparedness Council. ; and (5) in section 12 (as so redesignated)— (A) by redesignating paragraphs (3) and (4) as paragraphs (4) and (6), respectively; (B) by inserting after paragraph (2), the following: (3) Indians; indian tribe; tribal organization; urban indian organization The terms Indian , Indian tribe , tribal organization , and urban Indian organization have the meanings given such terms in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603). ; and (C) by inserting after paragraph (4), as so redesignated, the following: (5) United States-Canada border area The term United States-Canada border area means the area located in the United States and Canada within 100 kilometers of the border between the United States and Canada. .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5221ih/xml/BILLS-113hr5221ih.xml
|
113-hr-5222
|
I 113th CONGRESS 2d Session H. R. 5222 IN THE HOUSE OF REPRESENTATIVES July 28, 2014 Ms. Kelly of Illinois introduced the following bill; which was referred to the Committee on Financial Services A BILL To increase the unit cap on the rental assistance demonstration of the Department of Housing and Urban Development, and for other purposes.
1. Short title This Act may be cited as the Rental Assistance Housing Preservation and Rehabilitation Act of 2014 . 2. Amendments to rental assistance demonstration (a) Amendments The matter in the heading Rental Assistance Demonstration in title II of the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2012 (division C of Public Law 112–55 ; 125 Stat. 673) is amended— (1) by striking (except for funds allocated under such section for single room occupancy dwellings as authorized by title IV of the McKinney-Vento Homeless Assistance Act) each place such phrase appears; (2) in the third proviso by inserting in excess of amounts made available under this heading after associated with such conversion ; (3) in the fourth proviso— (A) by striking 60,000 and inserting 150,000 ; and (B) by striking or section 8(e)(2) ; and (4) in the penultimate proviso by striking and 2013 and inserting through 2016 . (b) Applicability The amendments made by subsection (a) shall apply only to any amounts that are made available for fiscal year 2014 or any fiscal year thereafter for carrying out the demonstration program established under the heading referred to in subsection (a).
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5222ih/xml/BILLS-113hr5222ih.xml
|
113-hr-5223
|
I 113th CONGRESS 2d Session H. R. 5223 IN THE HOUSE OF REPRESENTATIVES July 28, 2014 Mr. McDermott introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to authorize grants to States for the purpose of assisting the States in operating an RDOCS program in order to provide for the increased availability of primary health care services in health professional shortage areas.
1. Short title This Act may be cited as the Restoring the Doctors of Our Country through Scholarships Act of 2014 or the RDOCS Act of 2014 . 2. Findings The Congress finds the following: (1) Due to an aging population, the retirement of a generation of physicians, and 30,000,000 newly insured under the Patient Protection and Affordable Care Act (Public Law 110–148), the United States is expected to experience an acute physician workforce shortage in the coming decades, particularly in primary care. If unaddressed, this shortage will compromise the health of the population as well as the ability of the United States to remain competitive in the world. (2) By 2020, the shortage of primary care doctors is expected to reach 45,000. (3) The shortage will disproportionately impact rural communities and underserved urban communities. (4) The Reserve Officers’ Training Corps (ROTC) model of education and training is a respected and effective way of meeting the Nation’s need for educated and trained officers in the United States Armed Forces, and can be applied to solving the Nation’s primary care shortage. (5) There are 10 applicants for each National Health Service Corps scholarship awarded, indicating the unmet demand for medical scholarships. 3. Grants to States for Restoring the Doctors of Our Country through Scholarships (RDOCS) programs Subpart III of part D of title III of the Public Health Service Act ( 42 U.S.C. 254l et seq. ) is amended by adding at the end the following: 338N. Grants to States for scholarship programs (a) Grants to States (1) In general The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall make grants to States for the purpose of assisting the States in operating a program described in paragraph (2) (referred to in this section as an RDOCS program ) in order to provide for the increased availability of primary health care services in health professional shortage areas. (2) Applications To seek a grant under this section, a State shall submit an application in such form, in such manner, and containing such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section. (3) Total number of new RDOCS scholars each year Subject to the availability of appropriations, the Secretary shall ensure that a total of at least 4,000 new RDOCS scholars are awarded scholarships under this section each academic year. (b) Scholarship program described An RDOCS program is a program of entering into contracts between the State involved and an RDOCS scholar under which— (1) the State involved agrees— (A) to pay all tuition and costs for the RDOCS scholar’s undergraduate medical education, to the participating undergraduate medical program, for a period of study not exceeding 48 consecutive months; and (B) to pay, during such period, a cost-of-living stipend, in an amount to be determined by the Secretary, to the RDOCS scholar; and (2) the RDOCS scholar agrees— (A) to be admitted into and maintain enrollment in a participating undergraduate medical program in the RDOCS scholar’s State of residence (or if such State of residence operates no such program, in a participating undergraduate medical program in a State within an associated region); (B) when enrolled in such program, to maintain a minimum level (to be determined by the Secretary) of academic standing; (C) to complete an accredited residency training program in a primary care specialty; (D) to become licensed to practice medicine in the applicant’s State of residence; (E) to receive and maintain board certification in a primary care speciality; and (F) to complete a 5-year post-graduate period of service in a health professional shortage area. (c) Priority in awarding scholarships In selecting RDOCS scholars and awarding scholarship contracts described in subsection (b), the State involved shall give preference to applicants who are enrolled in— (1) an accelerated track family-medicine program; or (2) a program that includes clinical training in rural or underserved urban communities. (d) Direct administration by State agency The RDOCS program of any State receiving a grant under this section shall be administered directly by a State agency. (e) Requirement of matching funds (1) In general Any State receiving a grant under this section shall, with respect to the costs of making payments on behalf of individuals under scholarship contracts described in subsection (b), make available (directly or through donations from public or private entities) non-Federal contributions in cash toward such costs in an amount equal to not less than $1 for each $9 of Federal funds provided through the grant. (2) Determination of amount of non-federal contribution In determining the amount of non-Federal contributions in cash that a State has provided pursuant to paragraph (1)— (A) any amounts provided to the State by the Federal Government shall not be included; and (B) any amounts expended by the State as administrative funds to operate its RDOCS program may, at the State’s discretion, be included. (f) Coordination with Federal program (1) Assignments for health professional shortage areas under federal program Any State receiving a grant under this section shall, in carrying out its RDOCS program, assign RDOCS officers participating in the program only to public and nonprofit private entities located in and providing health services in health professional shortage areas. (2) Remedies for breach of contracts The Secretary may not make a grant under subsection (a) unless the State involved agrees that the scholarship contracts provided by the State pursuant to subsection (b) will provide remedies for any breach of the contracts by the RDOCS scholars and RDOCS officers involved. (3) Limitation regarding contract inducements Any State receiving a grant under this section shall ensure that contracts between the State and RDOCS scholars under this section do not include any terms more favorable to the RDOCS scholars than the most favorable terms which the Secretary is authorized to provide in contracts under the National Health Service Corps Scholarship Program under section 338A, including terms regarding the availability of remedies for any breach of the contracts by the health professionals involved. (g) Restrictions on use of funds Any State receiving a grant under this section shall not expend the grant funds for any purpose other than making payments on behalf of or to RDOCS scholars under contracts entered into pursuant to this section. (h) Reports by States Any State receiving a grant under this section shall submit to the Secretary— (1) a report on the State’s RDOCS program not later than January 10 of each fiscal year immediately following any fiscal year for which the State has received such a grant; and (2) such other reports regarding the State’s RDOCS program, as are determined to be appropriate by the Secretary. (i) Reports by Secretary The Secretary shall report annually to the relevant committees on the physician workforce in the United States, and shall include in each such report— (1) data on the physician shortage, if any, disaggregated by State and region; and (2) a gap analysis of the primary care practitioners needed in each State and region, and 5- and 10-year estimates of the funding needed to close the gap through the RDOCS program. (j) Noncompliance (1) In general The Secretary may not make payments under this section to a State for any fiscal year subsequent to the first fiscal year of such payments unless the Secretary determines that, for the immediately preceding fiscal year, the State has complied with each of the agreements made by the State under this section. (2) Reduction in grant relative to number of breached contracts (A) Determination of number of breached contracts Before making a grant under this section to a State for a fiscal year, the Secretary shall determine the number of contracts provided pursuant to the State’s RDOCS program with respect to which there has been an initial breach by the RDOCS scholars or officers involved during the fiscal year preceding the fiscal year for which the State is applying to receive the grant. (B) Reduction of grants Subject to paragraph (3), in the case of a State with 1 or more initial breaches for purposes of subparagraph (A), the Secretary shall reduce the amount of a grant under this section to the State for the fiscal year involved by an amount equal to the sum of— (i) the expenditures of Federal funds made regarding the contracts involved; and (ii) an amount representing interest on the amount of such expenditures, determined with respect to each contract on the basis of the maximum legal rate prevailing for loans made during the time amounts were paid under the contract, as determined by the Treasurer of the United States. (3) Waiver regarding reduction in grant The Secretary may waive the requirement of paragraph (2)(B) with respect to the initial breach of a contract if the Secretary determines that such breach by the RDOCS scholar or officer involved was attributable solely to the professional having a serious illness. (k) Definitions For the purposes of this section: (1) Accelerated track family-medicine program The term accelerated track family-medicine program refers to an appropriately accredited, integrated course of study in which a candidate can complete undergraduate medical education and graduate medical education in 6 years. (2) Associated region The term associated region refers to— (A) the area encompassing the boundaries of Washington, Wyoming, Alaska, Montana, and Idaho; (B) the area encompassing the boundaries of Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, and Vermont; (C) the area encompassing the boundaries of Delaware and Pennsylvania; or (D) the area encompassing the boundaries of Maryland, the District of Columbia, and Virginia. (3) Board certification The term board certification means a certification to practice medicine in a specialty, by an appropriate medical specialty board. (4) Health professional shortage area The term health professional shortage area means a health professional shortage area designated under section 332. (5) Participating undergraduate medical program The term participating undergraduate medical program means an allopathic or osteopathic undergraduate medical program operated by a State. (6) Primary care specialty The term primary care specialty means pediatrics, geriatric, gerontology, family medicine, or general internal medicine. (7) RDOCS officer The term RDOCS officer means an RDOCS program participant who has completed undergraduate medical training, but has not yet fulfilled the remaining requirements of his or her scholarship contract under subsection (b). (8) RDOCS scholar The term RDOCS scholar means an individual participating in an RDOCS program pursuant to a scholarship contract under subsection (b), who has not yet completed undergraduate medical education. (9) Relevant committees The term relevant committees means the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives. (10) State The term State means each of the 50 States and the District of Columbia. .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5223ih/xml/BILLS-113hr5223ih.xml
|
113-hr-5224
|
I 113th CONGRESS 2d Session H. R. 5224 IN THE HOUSE OF REPRESENTATIVES July 28, 2014 Mr. McDermott introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to establish a scholarship program to increase the availability of physicians who provide primary health care services at medical facilities of the Department of Veterans Affairs.
1. Short title This Act may be cited as the Restoring the Doctors of Our Country through Scholarships Veterans Affairs Act of 2014 or the RDOCS–VA Act of 2014 . 2. Findings Congress finds the following: (1) Medical facilities of the Department of Veterans Affairs are in dire need of more physicians, with a particular need for doctors trained in primary care specialties. (2) The Health Professionals Educational Assistance Program established by chapter 76 of title 38, United States Code, provides educational assistance through scholarships and loan forgiveness for a range of health professionals, however, it does not specifically encourage a commitment to primary care by physicians employed by the Department of Veterans Affairs. (3) The Reserve Officers’ Training Corps (ROTC) model of education and training is a respected and effective way of meeting the need of the United States for educated and trained officers in the Armed Forces, and it can be applied to train and educate physicians to provide primary care services. (4) Congress can build off of the Health Professionals Educational Assistance Program and the ROTC model to solve the primary care shortage by providing full-tuition scholarships to students committed to serving the United States as primary care doctors at the Department of Veterans Affairs. 3. Establishment of Restoring the Doctors of Our Country through Scholarships—Veterans Affairs program (a) In general Chapter 76 of title 38, United States Code, is amended by adding at the end the following new subchapter: VIII Restoring the Doctors of Our Country through Scholarships—Veterans Affairs 7691. Authority for program As part of the Educational Assistance Program, the Secretary shall carry out a scholarship program under this subchapter in order to provide for the increased availability of physicians who provide primary health care services at medical facilities of the Department of Veterans Affairs. The program shall be known as the Restoring the Doctors of Our Country through Scholarships–Veterans Affairs program (in this subchapter referred to as the RDOCS–VA program ). 7692. Scholarship program (a) In general In carrying out the RDOCS–VA program, the Secretary shall award not less than 400 RDOCS–VA scholarships to individuals who are selected by the Secretary and enter into an agreement under subsection (b). Under such scholarships, the Secretary shall pay— (1) to the participating undergraduate medical program all tuition and costs for the undergraduate medical education of an RDOCS–VA scholar for a period of study not exceeding 48 consecutive months; and (2) to the RDOCS–VA scholar a cost-of-living stipend, in an amount determined by the Secretary. (b) Agreement To participate in the RDOCS–VA program, an RDOCS–VA scholar shall agree to— (1) be admitted into and maintain enrollment in a participating undergraduate medical program in the State of residence of the scholar (or if such State of residence operates no such program, in a participating undergraduate medical program in a State within an associated region); (2) when enrolled in such program, maintain a minimum level of academic standing (to be determined by the Secretary); (3) complete an accredited residency training program in a primary care specialty; (4) become licensed to practice medicine in the State of residence of the scholar; (5) receive and maintain board certification in a primary care specialty; and (6) complete a five-year post-graduate period of employment by the Department of Veterans Affairs performing primary care services. (c) Priority in awarding scholarships In selecting RDOCS–VA scholars and awarding scholarships under subsection (a), the Secretary shall give preference to applicants who— (1) are enrolled in an accelerated track family-medicine program; or (2) elect to complete the period of employment described in subsection (b)(6) at a facility of the Department that the Secretary designates as having an urgent need for primary care physicians. (d) Ineligibility for Other Educational Assistance An RDOCS–VA scholar shall not be eligible for other assistance under this chapter in connection with the education received under the RDOCS–VA program. 7693. Breach of agreement: liability (a) In general An RDOCS–VA scholar (other than a scholar described in subsection (b)) who fails to accept payment, or instructs the participating undergraduate medical program in which the scholar is enrolled not to accept payment, in whole or in part, of a scholarship under the agreement entered into under section 7692(b) of this title shall be liable to the United States for liquidated damages in the amount of $1,500. Such liability is in addition to any period of obligated service or other obligation or liability under the agreement. (b) Liability (1) An RDOCS–VA scholar shall be liable to the United States for the amount which has been paid to or on behalf of the scholar under the agreement entered into under section 7692(b) of this title if any of the following occurs: (A) The scholar fails to maintain an acceptable level of academic standing described in paragraph (2) of such section 7692(b). (B) The scholar is dismissed from the participating undergraduate medical program for disciplinary reasons. (C) The scholar voluntarily terminates the course of training in such program before the completion of such program. (D) The scholar fails to become licensed to practice medicine in the State of residence of the scholar during a period of time determined under regulations prescribed by the Secretary. (2) Liability under this subsection is in lieu of any service obligation arising under the agreement of the RDOCS–VA scholar. (c) Recovery (1) If an RDOCS–VA officer breaches the agreement by failing (for any reason) to complete the period of obligated service of the officer, the United States shall be entitled to recover from the officer an amount determined in accordance with the formula described in section 7617(c)(1) of this title. (2) Any amount of damages which the United States is entitled to recover under this section shall be paid to the United States within the one-year period beginning on the date of the breach of the agreement. 7694. Reports The Secretary shall annually submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report on the physician workforce of the Department. Such report shall include— (1) the number of scholarships awarded under this subchapter during the year covered by the report; (2) data on the physician shortage of the Department, if any, disaggregated by the medical facility of the Department; and (3) a gap analysis of the primary care practitioners needed in each medical facility of the Department, and a five- and ten-year estimates of the funding needed to close the gap through the RDOCS–VA program. 7695. Definitions In this subchapter: (1) The term accelerated track family-medicine program means an appropriately accredited, integrated course of study in which a candidate can complete undergraduate medical education and graduate medical education in six years. (2) The term associated region means— (A) the area encompassing the boundaries of Washington, Wyoming, Alaska, Montana, and Idaho; (B) the area encompassing the boundaries of Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, and Vermont; (C) the area encompassing the boundaries of Delaware and Pennsylvania; or (D) the area encompassing the boundaries of Maryland, the District of Columbia, and Virginia. (3) The term board certification means a certification to practice medicine in a specialty, by an appropriate medical specialty board. (4) The term participating undergraduate medical program means an allopathic or osteopathic undergraduate medical program operated by a State. (5) The term primary care specialty means geriatrics, gerontology, family medicine, or general internal medicine. (6) The term RDOCS–VA officer means an RDOCS–VA program participant who has completed undergraduate medical training, but has not yet fulfilled the remaining requirements of the scholarship agreement entered into under section 7692(b) of this title. (7) The term RDOCS–VA scholar means an individual participating in an RDOCS–VA program pursuant to a scholarship agreement entered into under section 7692(b) of this title, but has not yet completed undergraduate medical education. (8) State The term State means each of the several States and the District of Columbia. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding after the item relating to section 7684 the following new items: Subchapter VIII—Restoring the Doctors of Our Country through Scholarships—Veterans Affairs 7691. Authority for program. 7692. Scholarship program. 7693. Breach of agreement: liability. 7694. Reports. 7695. Definitions. .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5224ih/xml/BILLS-113hr5224ih.xml
|
113-hr-5225
|
I 113th CONGRESS 2d Session H. R. 5225 IN THE HOUSE OF REPRESENTATIVES July 28, 2014 Ms. Norton introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To direct the Administrator of General Services to redevelop the Department of Energy Forrestal Complex in the District of Columbia, and for other purposes.
1. Short title This Act may be cited as the Department of Energy Forrestal Complex Redevelopment Act of 2014 . 2. Department of Energy Forrestal Complex Redevelopment (a) In general The Administrator of General Services shall take action, in accordance with the authority available to the Administrator under Federal law, to redevelop the Department of Energy Forrestal Complex in a manner that is consistent with the SW Ecodistrict Plan. (b) Agreements Any agreement entered into by the Administrator to carry out the redevelopment of the Department of Energy Forrestal Complex under subsection (a) shall— (1) include such terms and conditions as the Administrator considers necessary and appropriate to protect the interests of the United States; and (2) facilitate the redevelopment of Maryland Avenue, Southwest, in the District of Columbia in a manner that is consistent with— (A) the SW Ecodistrict Plan; and (B) the Maryland Avenue Southwest Plan, including the reconstruction of Maryland Avenue, Southwest, as a multimodal corridor. (c) Relocation of existing tenants The Administrator may provide, notwithstanding section 3307 of title 40, United States Code, and otherwise in accordance with existing authorities available to the Administrator, replacement space for Federal agency tenants in the Department of Energy Forrestal Complex whose relocation is made necessary by the redevelopment of such Complex under subsection (a). (d) Reporting requirements and period for review (1) In general Before entering into any agreement related to the redevelopment of the Department of Energy Forrestal Complex, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report with respect to the proposed agreement. (2) Contents A report submitted under paragraph (1) shall include a summary of a cost-benefit analysis of the proposed agreement and a description of the material provisions of the proposed agreement. (3) Period for review The Administrator may not enter into a proposed agreement related to the redevelopment of the Department of Energy Forrestal Complex until the expiration of the 30-day period beginning on the date on which the Administrator submits under paragraph (1) the report with respect to the proposed agreement. (e) Definitions In this section, the following definitions apply: (1) Department of Energy Forrestal Complex The term Department of Energy Forrestal Complex means the land, including the buildings and other improvements thereon, that— (A) subject to survey and as determined by the Administrator, is— (i) located in the District of Columbia; (ii) generally bounded by Independence Avenue, Southwest, 12th Street, Southwest, Maryland Avenue, Southwest, and 9th Street, Southwest; and (iii) generally consisting of Squares 351–N, 351, 383, 384, and 385 and portions of Squares 325 and 352; and (B) is under the jurisdiction and control of the General Services Administration. (2) Maryland Avenue Southwest Plan The term Maryland Avenue Southwest Plan means the plan prepared for the District of Columbia Office of Planning titled Maryland Avenue Southwest Plan: Washington, DC and dated April 2012. (3) SW Ecodistrict Plan The term SW Ecodistrict Plan means the plan of the National Capital Planning Commission titled The SW Ecodistrict: A Vision Plan For A More Sustainable Future and dated January 2013.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5225ih/xml/BILLS-113hr5225ih.xml
|
113-hr-5226
|
I 113th CONGRESS 2d Session H. R. 5226 IN THE HOUSE OF REPRESENTATIVES July 28, 2014 Mr. Perry (for himself, Mr. Rohrabacher , Mr. Cohen , and Mr. Broun of Georgia ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Controlled Substances Act to exclude therapeutic hemp and cannabidiol from the definition of marihuana, and for other purposes.
1. Short title This Act may be cited as the Charlotte’s Web Medical Hemp Act of 2014 . 2. Exclusion of therapeutic hemp and cannabidiol from definition of marihuana (a) In General Section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ) is amended in paragraph (16)— (1) by striking (16) The and inserting (16)(A) The ; and (2) by adding at the end the following: (B) Therapeutic hemp and cannabidiol— (i) are excluded from the definition of marihuana under subparagraph (A); and (ii) shall not be treated as controlled substances under this Act. . (b) Definition Section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ), as amended, is further amended by adding at the end the following: (57) The term ‘therapeutic hemp’ means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. (58) The term cannabidiol means the substance cannabidiol, as derived from therapeutic hemp. . 3. Other Limitations (a) Non-Applicability of Federal Food, Drug, and Cosmetic Act The Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ) shall not apply to therapeutic hemp or cannabidiol as those terms are defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ) as amended by this Act. (b) State Law Nothing in this Act shall prohibit or otherwise restrict any activities related to the use, production, or distribution of marijuana in a State in which such activities are legal under State law.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5226ih/xml/BILLS-113hr5226ih.xml
|
113-hr-5227
|
I 113th CONGRESS 2d Session H. R. 5227 IN THE HOUSE OF REPRESENTATIVES July 28, 2014 Mr. Schock (for himself and Mr. Turner ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To enable hospital-based nursing programs that are affiliated with a hospital to maintain payments under the Medicare program to hospitals for the costs of such programs.
1. Short title This Act may be cited as the Making the Education of Nurses Dependable for Schools Act or the MEND Act . 2. Enabling hospital-based nursing programs that are affiliated with a hospital to maintain Medicare payments for the costs of such programs (a) In general For purposes of clarifying the methodology for payment under the Medicare program under title XVIII of the Social Security Act to providers for the costs of nursing and allied health education activities for cost reporting periods beginning on or after the date of the enactment of this Act, the Secretary of Health and Human Services shall apply section 413.85 of title 42, Code of Regulations— (1) by treating a provider as meeting all of the requirements described in paragraph (f)(1) of such section if the provider or a wholly owned subsidiary educational institution of such provider singly or collectively meets all of such requirements; (2) in the case of a provider that would meet the requirements of paragraph (g)(3) of such section, with respect to a nursing or allied health education program, except that the transfer described in such paragraph of such a program to a wholly owned subsidiary educational institution in order to meet accreditation standards occurred after October 1, 2003, by treating such provider as meeting the requirements of such paragraph (and eligible for payments under such paragraph) with respect to such program; and (3) by defining the term wholly owned subsidiary educational institution , as referenced in such section, as such term is defined under subsection (b). (b) Definitions For purposes of this section: (1) Provider The term provider has the meaning given such term in section 400.202 of title 42, Code of Federal Regulations. (2) Wholly owned subsidiary educational institution The term wholly owned subsidiary educational institution means, with respect to a provider, an educational institution that— (A) is organized as a legal entity distinct from the provider; (B) has the provider as its sole owner or sole member; and (C) is organized in the same State in which the provider is organized or registered to do business.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5227ih/xml/BILLS-113hr5227ih.xml
|
113-hr-5228
|
I 113th CONGRESS 2d Session H. R. 5228 IN THE HOUSE OF REPRESENTATIVES July 28, 2014 Mr. Veasey (for himself, Mr. Hinojosa , Mr. Gutiérrez , Mr. Vela , Ms. Jackson Lee , and Mr. Gene Green of Texas ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend section 240(c)(7)(C) of the Immigration and Nationality Act to eliminate the time limit on the filing of a motion to reopen a removal proceeding if the basis of the motion is fraud, negligence, misrepresentation, or extortion by, or the attempted, promised, or actual practice of law without authorization on the part of, a representative.
1. Short title This Act may be cited as the Notario Victim Relief Act . 2. Elimination of time limit on motions to reopen in certain cases Section 240(c)(7)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(c)(7)(C) ) is amended by adding at the end the following: (v) Fraud, negligence, misrepresentation, or extortion by, or attempted, promised, or actual practice of law without authorization on the part of, a representative There is no time limit on the filing of a motion to reopen if the basis of the motion is to apply for relief due to fraud, negligence, misrepresentation, or extortion by, or attempted, promised, or actual practice of law without authorization on the part of, a representative described in subsection (a) or (b) of section 1292.1 of title 8, Code of Federal Regulations, or a person who claimed to be such a representative, and the alien establishes such fraud, negligence, misrepresentation, or extortion by, or attempted, promised, or actual practice of law without authorization on the part of, such a representative (or person) by a preponderance of evidence. .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5228ih/xml/BILLS-113hr5228ih.xml
|
113-hr-5229
|
I 113th CONGRESS 2d Session H. R. 5229 IN THE HOUSE OF REPRESENTATIVES July 29, 2014 Mr. Lynch (for himself, Mr. Farenthold , Mr. Cummings , and Mr. Butterfield ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend title 5, United States Code, to provide leave to any new Federal employee who is a veteran with a service-connected disability rated at 30 percent or more for purposes of undergoing medical treatment for such disability, and for other purposes.
1. Short title This Act may be cited as the Wounded Warriors Federal Leave Act of 2014 . 2. Additional leave for Federal employees who are disabled veterans (a) In general Subchapter II of chapter 63 of title 5, United States Code, is amended by adding at the end the following: 6329. Disabled veteran leave (a) During the 12-month period beginning on the first day of employment, any employee who is a veteran with a service-connected disability rated at 30 percent or more is entitled to leave, without loss or reduction in pay, for purposes of undergoing medical treatment for such disability for which sick leave could regularly be used. (b) (1) The leave credited to an employee under subsection (a) may not exceed 104 hours. (2) Any leave credited to an employee pursuant to subsection (a) that is not used during the 12-month period described in such subsection may not be carried over and shall be forfeited. (c) In order to verify that leave credited to an employee pursuant to subsection (a) is used for treating a service-connected disability, such employee shall submit to the head of the employing agency certification, in such form and manner as the Director of the Office of Personnel Management may prescribe, that such employee used such leave for purposes of being furnished treatment for such disability by a health care provider. (d) In this section— (1) the term employee has the meaning given such term in section 2105, and includes an officer or employee of the United States Postal Service or of the Postal Regulatory Commission; (2) the term service-connected has the meaning given such term in section 101(16) of title 38; and (3) the term veteran has the meaning given such term in section 101(2) of such title. . (b) Clerical amendment The table of sections for chapter 63 of title 5, United States Code, is amended by adding after the item relating to section 6328 the following: 6329. Disabled veteran leave. . (c) Application The amendments made by subsection (a) shall apply with respect to any employee (as that term is defined in section 6329(d)(1) of title 5, United States Code, as added by subsection (a)) hired on or after the date that is one year after the date of enactment of this Act. (d) Regulations Not later than 6 months after the date of enactment of this Act, the Director of the Office of Personnel Management shall prescribe regulations with respect to the leave provided by the amendment in subsection (a).
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5229ih/xml/BILLS-113hr5229ih.xml
|
113-hr-5230
|
I 113th CONGRESS 2d Session H. R. 5230 IN THE HOUSE OF REPRESENTATIVES July 29, 2014 Mr. Rogers of Kentucky introduced the following bill; which was referred to the Committee on Appropriations A BILL Making supplemental appropriations for the fiscal year ending September 30, 2014, and for other purposes.
That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2014, and for other purposes, namely: A supplemental appropriations and rescissions I department of homeland security U.S. customs and border protection Salaries and expenses For an additional amount for Salaries and Expenses , $71,000,000, to remain available until September 30, 2015, for necessary expenses to apprehend, transport, and provide temporary shelter associated with the significant rise in unaccompanied alien children and alien adults accompanied by an alien minor at the Southwest Border of the United States, including related activities to secure the border, disrupt transnational crime, and the necessary acquisition, construction, improvement, repair, and management of facilities: Provided , That not later than 30 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committees on Appropriations of the House of Representatives and the Senate an obligation and quarterly expenditure plan for these funds: Provided further , That the Secretary shall provide to such Committees quarterly updates on the expenditure of these funds. U.S. immigration and customs enforcement salaries and expenses For an additional amount for “Salaries and Expenses”, $334,000,000, to remain available until September 30, 2015, for necessary expenses to respond to the significant rise in unaccompanied alien children and alien adults accompanied by an alien minor at the Southwest Border of the United States, including for enforcement of immigration and customs law, including detention and removal operations, of which $262,000,000 shall be for Custody Operations and $72,000,000 shall be for Transportation and Removal operations: Provided , That not later than 30 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committees on Appropriations of the House of Representatives and the Senate an obligation and quarterly expenditure plan for these funds: Provided further , That the Secretary shall provide to such Committees quarterly updates on the expenditure of these funds. general provisions—this title (including rescission) 101. Notwithstanding any other provision of law, none of the funds provided by this title shall be available for obligation or expenditure through a reprogramming or transfer of funds that proposes to use funds directed for a specific activity by either of the Committees on Appropriations of the House of Representatives or the Senate for a different purpose than for which the appropriations were provided: Provided , That prior to the obligation of such funds, a request for approval shall be submitted to such Committees. 102. The Secretary of Homeland Security shall provide to the Congress quarterly reports that include: (1) the number of apprehensions at the border delineated by unaccompanied alien children and alien adults accompanied by an alien minor; (2) the number of claims of a credible fear of persecution delineated by unaccompanied alien children and alien adults accompanied by an alien minor, and the number of determinations of valid claims of a credible fear of persecution delineated by unaccompanied alien children and alien adults accompanied by an alien minor; (3) the number of unaccompanied alien children and alien adults accompanied by an alien minor granted asylum by an immigration judge, delineated by year of apprehension; (4) the number of alien adults accompanied by an alien minor in detention facilities, alternatives to detention, and other non-detention forms of supervision; and (5) the number of removals delineated by unaccompanied alien children and alien adults accompanied by an alien minor. 103. Of the unobligated balance available for Department of Homeland Security—Federal Emergency Management Agency—Disaster Relief Fund , $405,000,000 is rescinded: Provided, That no amounts may be rescinded from amounts that were designated by the Congress as an emergency requirement pursuant to a concurrent resolution on a budget or the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further , That no amounts may be rescinded from the amounts that were designated by the Congress as being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985. 104. Notwithstanding any other provision of law, grants awarded under sections 2003 or 2004 of the Homeland Security Act of 2002 (6 U.S.C. 604 and 605) using funds provided under the heading Federal Emergency Management Agency—State and Local Programs in division F of Public Law 113–76 , division D of Public Law 113–6 , or division D of Public Law 112–74 may be used by State and local law enforcement and public safety agencies within local units of government along the Southwest Border of the United States for costs incurred during the award period of performance for personnel, overtime, travel, costs related to combating illegal immigration and drug smuggling, and costs related to providing humanitarian relief to unaccompanied alien children and alien adults accompanied by an alien minor who have entered the United States. II department of defense—military military personnel national guard personnel, army For an additional amount for National Guard Personnel, Army , $12,419,000, to remain available until September 30, 2015, for necessary expenses related to the Southwest Border of the United States. national guard personnel, air force For an additional amount for National Guard Personnel, Air Force , $2,258,000, to remain available until September 30, 2015, for necessary expenses related to the Southwest Border of the United States. operation and maintenance operation and maintenance, army national guard For an additional amount for Operation and Maintenance, Army National Guard , $15,807,000, to remain available until September 30, 2015, for necessary expenses related to the Southwest Border of the United States. operation and maintenance, air national guard For an additional amount for Operation and Maintenance, Air National Guard , $4,516,000, to remain available until September 30, 2015, for necessary expenses related to the Southwest Border of the United States. general provision—this title (rescission) 201. Of the unobligated balances of amounts appropriated in title II of division C of Public Law 113–76 for Operation and Maintenance, Defense-Wide , $35,000,000 is hereby rescinded to reflect excess cash balances in Department of Defense Working Capital Funds. III department of justice general administration administrative review and appeals For an additional amount for Administrative Review and Appeals for necessary expenses to respond to the significant rise in unaccompanied alien children and alien adults accompanied by an alien minor at the Southwest Border of the United States, $22,000,000, to remain available until September 30, 2015, of which $12,900,000 shall be for additional temporary immigration judges and related expenses, and $9,100,000 shall be for technology for judges to expedite the adjudication of immigration cases. general provision—this title (rescission) 301. Of the unobligated balances available for Department of Justice—Legal Activities—Assets Forfeiture Fund , $22,000,000 is hereby permanently rescinded. IV general provisions—this title repatriation and reintegration 401. (a) Repatriation and Reintegration Of the funds appropriated in titles III and IV of division K of Public Law 113–76 , and in prior Acts making appropriations for the Department of State, foreign operations, and related programs, for assistance for the countries in Central America, up to $40,000,000 shall be made available for such countries for repatriation and reintegration activities: Provided , That funds made available pursuant to this section may be obligated notwithstanding subsections (c) and (e) of section 7045 of division K of Public Law 113–76 . (b) Report Prior to the initial obligation of funds made available pursuant to this section, but not later than 15 days after the date of enactment of this Act, and every 90 days thereafter until September 30, 2015, the Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall submit to the appropriate congressional committees a report on the obligation of funds made available pursuant to this section by country and the steps taken by the government of each country to— (1) improve border security; (2) enforce laws and policies to stem the flow of illegal entries into the United States; (3) enact laws and implement new policies to stem the flow of illegal entries into the United States, including increasing penalties for human smuggling; (4) conduct public outreach campaigns to explain the dangers of the journey to the Southwest Border of the United States and to emphasize the lack of immigration benefits available; and (5) cooperate with United States Federal agencies to facilitate and expedite the return, repatriation, and reintegration of illegal migrants arriving at the Southwest Border of the United States. (c) Suspension of Assistance The Secretary of State shall suspend assistance provided pursuant to this section to the government of a country if such government is not making significant progress on each item described in paragraphs (1) through (5) of subsection (b): Provided , That assistance may only be resumed if the Secretary reports to the appropriate congressional committees that subsequent to the suspension of assistance such government is making significant progress on each of the items enumerated in such subsection. (d) Notification requirement Funds made available pursuant to this section shall be subject to the regular notification procedures of the Committees on Appropriations of the House of Representatives and the Senate. (rescission) 402. Of the unexpended balances available to the President for bilateral economic assistance under the heading Economic Support Fund from prior Acts making appropriations for the Department of State, foreign operations, and related programs, $197,000,000 is rescinded: Provided , That no amounts may be rescinded from amounts that were designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 or as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985. V department of health and human services administration for children and families refugee and entrant assistance For an additional amount for Refugee and Entrant Assistance , $197,000,000, to be merged with and available for the same time period and for the same purposes as the funds made available under this heading in division H of Public Law 113–76 for carrying out such sections 414, 501, 462, and 235 : Provided , That of this amount, $47,000,000 shall be for the Social Services and Targeted Assistance programs. This division may be cited as the Secure the Southwest Border Supplemental Appropriations Act, 2014 . B secure the southwest border act of 2014 1. Short title; table of contents (a) Short title This division may be cited as the Secure the Southwest Border Act of 2014 . (b) Table of contents The table of contents for this division is as follows: Sec. 1. Short title; table of contents. Title I—Protecting Children Sec. 101. Repatriation of unaccompanied alien children. Sec. 102. Expedited due process and screening of unaccompanied alien children. Sec. 103. Due process protections for unaccompanied alien children present in the United States. Sec. 104. Emergency immigration judge resources. Sec. 105. Protecting children from human traffickers, sex offenders, and other criminals. Sec. 106. Inclusion of additional grounds for per se ineligibility for asylum. Title II—Use of National Guard to Improve Border Security Sec. 201. National Guard support for border operations. Title III—National Security and Federal Lands Protection Sec. 301. Prohibition on actions that impede border security on certain Federal land. Sec. 302. Sense of Congress on placement of unauthorized aliens at military installations. 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 meets 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 immediate 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 had the meaning given such term in section 235(b)(1)(E) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(1)(E) ). (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. (6) Consequences of failure to appear Any alien who fails to appear at a proceeding required under this section, shall be ordered removed in absentia if the Government establishes by a preponderance of the evidence that the alien was at fault for their absence from the proceedings. (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 judge 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 has the meaning given such term in section 235(b)(1)(B)(v) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(1)(B)(v) ). (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. (5) Mandatory protective custody Any alien subject to the procedures under this subsection 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) )— (A) pending a final determination of an asylum application under section 208; or (B) after a determination that the alien does not have a credible fear of persecution, 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. (h) Last In, First Out In any proceedings, determinations, or removals under this section, priority shall be accorded to the alien who has most recently arrived in the United States. . (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) Filing authorized Not later than 60 days after the date of the enactment of this Act, the Secretary of Homeland Security, notwithstanding any other provision of law, shall, at an immigration court designated to conduct proceedings under section 235B of the Immigration and Nationality Act, 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— (1) 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; (2) to attest to their desire to apply for admission to the United States; and (3) to file a motion— (A) to replace 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 (B) to apply for admission to the United States by being placed in proceedings under section 235B of the Immigration and Nationality Act. (b) Motion granted An immigration judge may, at the sole and unreviewable discretion of the judge, grant a motion filed under subsection (a)(3) upon a finding that— (1) the petitioner was an unaccompanied alien child (as such term is defined in section 462 of the Homeland Security Act of 2002 ( 6 U.S.C. 279 )) on the date on which a Notice to Appear described in subsection (a) was issued to the alien; (2) 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; (3) the unaccompanied alien child is applying for admission to the United States; and (4) the granting of such motion would not be manifestly unjust. (c) Effect of motion Notwithstanding any other provision of law, upon the granting of a motion to replace under subsection (b), the immigration judge who granted such motion shall— (1) 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, as added by section 102; (2) immediately notify the petitioner of the petitioner’s ability, under section 235B(c)(5) of the Immigration and Nationality Act to withdraw the petitioner’s application for admission to the United States and immediately be returned to the petitioner’s country of nationality or country of last habitual residence; and (3) replace the petitioner’s notice to appear with an order under section 235B(e) of the Immigration and Nationality Act. (d) Protective custody An unaccompanied alien child who has been granted a motion under subsection (b) 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, administrative law 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. Such designations shall remain in effect solely for the duration of the humanitarian crisis at the southern border (as determined by the Secretary of Homeland Security, in consultation with the Attorney General). (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 Federal Bureau of Investigation; and (II) criminal history repositories of all States that the individual lists as current or former residences. . 106. Inclusion of additional grounds for per se ineligibility for asylum Section 208(b)(2)(A)(iii) of the Immigration and Nationality Act ( 8 U.S.C. 1158(b)(2)(A)(iii) ) is amended by inserting after a serious nonpolitical crime the following: (including any drug-related offense punishable by a term of imprisonment greater than 1 year) . II Use of National Guard to Improve Border Security 201. National Guard support for border operations (a) Deployment authority and funding Amounts appropriated for the Department of Defense in this Act shall be expended for any units or personnel of the National Guard deployed to perform operations and missions under section 502(f) of title 32, United States Code, on the southern border of the United States. (b) Assignment of operations and missions (1) In general National Guard units and personnel deployed under subsection (a) may be assigned such operations as may be necessary to provide assistance for operations on the southern border, with priority given to high traffic areas experiencing the highest number of crossings by unaccompanied alien children. (2) Nature of duty The duty of National Guard personnel performing operations and missions on the southern border shall be full-time duty under title 32, United States Code. (c) 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 section. (d) Exclusion from national guard personnel strength limitations National Guard personnel deployed under subsection (a) shall not be included in— (1) the calculation to determine compliance with limits on end strength for National Guard personnel; or (2) 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. (e) High traffic areas defined In this section: (1) 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. (2) The term unaccompanied alien child means a child who— (A) has no lawful immigration status in the United States; (B) has not attained 18 years of age; and (C) with respect to whom— (i) there is no parent or legal guardian in the United States; or (ii) no parent or legal guardian in the United States is available to provide care and physical custody. III National Security and Federal Lands Protection 301. Prohibition on actions that impede border security on certain Federal land (a) 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 the United States border with Mexico 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 such international land border of the United States. These authorities of U.S. Customs and Border Protection on such Federal land apply whether or not a state of emergency exists. (b) 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 United States border with Mexico that is 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 such international land border 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. (c) 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 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 such international land border of the United States for the activities of U.S. Customs and Border Protection described in subsection (b). (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 ). (d) 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. (e) 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. (f) Tribal sovereignty Nothing in this section supersedes, replaces, negates, or diminishes treaties or other agreements between the United States and Indian tribes. 302. Sense of Congress on placement of unauthorized aliens at military installations (a) Sense of Congress It is the sense of Congress that— (1) the Secretary of Defense should not allow the placement of unauthorized aliens at a military installation unless— (A) the Secretary submits written notice to the congressional defense committees and each Member of Congress representing any jurisdiction in which an affected military installation is situated; and (B) the Secretary publishes notice in the Federal Register; (2) the placement of unauthorized aliens at a military institution should not displace active members of the Armed Forces; (3) the placement of unauthorized aliens at a military institution should not interfere with any mission of the Department of Defense; (4) the Secretary of Health and Human Services should not use a military installation for the placement of unauthorized aliens unless all other facilities of the Department of Health and Human Services are unavailable; (5) the Secretary of Health and Human Services should not use a military installation for the placement of unauthorized aliens for more than 120 days; (6) the Secretary of Health and Human Services should ensure that all unauthorized alien children are vaccinated upon arrival at a military installation as set forth in the guidelines of the Office of Refugee Resettlement; (7) the Secretary of Health and Human Services should ensure that all individuals under the supervision of the Secretary with access to unauthorized alien children at a military installation are properly cleared according to the procedures set forth in the Victims of Child Abuse Act of 1990 ( 42 U.S.C. 13001 et seq. ); (8) the Secretary of Health and Human Services should fully comply with the provisions of the Victims of Child Abuse Act of 1990 ( 42 U.S.C. 13001 et seq. ) with respect to background checks and should retain full legal responsibility for such compliance; and (9) in accordance with section 1535 of title 31, United States Code (commonly referred to as the Economy Act ), the Secretary of Health and Human Services should reimburse the Secretary of Defense for all expenses incurred by the Secretary of Defense in carrying out the placement of unauthorized aliens at a military installation. (b) Definitions In this section: (1) The term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code. (2) The term Member of Congress has the meaning given that term in section 1591(c)(1) of title 10, United States Code. (3) The term military installation has the meaning given that term in section 2801(c)(4) of title 10, United States Code, but does not include an installation located outside of the United States. (4) The term placement means the placement of an unauthorized alien in either a detention facility or an alternative to such a facility. (5) The term unauthorized alien means an alien unlawfully present in the United States, but does not include a dependent of a member of the Armed Forces.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5230ih/xml/BILLS-113hr5230ih.xml
|
113-hr-5231
|
I 113th CONGRESS 2d Session H. R. 5231 IN THE HOUSE OF REPRESENTATIVES July 29, 2014 Mr. Bentivolio (for himself and Ms. Duckworth ) introduced the following bill; which was referred to the Committee on Small Business A BILL To amend the Small Business Act to direct the task force of the Office of Veterans Business Development to provide access to and manage the distribution of excess or surplus property to veteran-owned small businesses.
1. Short title This Act may be cited as the Veterans Small Business Enhancement Act of 2014 . 2. Access to excess or surplus property for veteran-owned small businesses Subparagraph (B) of section 32(c)(3) of the Small Business Act ( 15 U.S.C. 657b(c)(3)(B) ) is amended— (1) in clause (v), by striking ; and and inserting a semicolon; (2) in clause (vi), by striking the period at the end and inserting ; and ; and (3) by inserting at the end the following new clause: (vii) providing access to and managing the distribution of excess or surplus property owned by the United States to small business concerns owned and controlled by veterans, pursuant to a memorandum of understanding between the task force and the head of the appropriate State agency. .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5231ih/xml/BILLS-113hr5231ih.xml
|
113-hr-5232
|
I 113th CONGRESS 2d Session H. R. 5232 IN THE HOUSE OF REPRESENTATIVES July 29, 2014 Mr. Doggett (for himself and Mr. Young of Indiana ) 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 require hospitals to provide certain notifications to individuals classified by such hospitals under observation status rather than admitted as inpatients of such hospitals.
1. Short title This Act may be cited as the Notice of Observation Treatment and Implication for Care Eligibility Act or the NOTICE Act . 2. Medicare requirement for hospital notifications of observation status (a) In general Section 1866(a)(1) of the Social Security Act ( 42 U.S.C. 1395cc(a)(1) ) is amended— (1) in subparagraph (V), by striking at the end and ; (2) in the first subparagraph (W), by striking at the end the period and inserting a comma; (3) in the second subparagraph (W)— (A) by redesignating such subparagraph as subparagraph (X); and (B) by striking at the end the period and inserting , and ; and (4) by inserting after such subparagraph (X) the following new subparagraph: (Y) in the case of a hospital, to provide to each individual who is entitled to benefits under part A and who the hospital classifies for more than 24 hours as an outpatient under observation status or any other similar status, as the Secretary determines appropriate (or to a person acting on the individual’s behalf), not later than 36 hours after the time of such classification of such individual under such status (or, if sooner, upon discharge), an adequate oral and written notification (as defined by the Secretary pursuant to rulemaking and containing such language as the Secretary prescribes consistent with this paragraph) which— (i) explains the status of the individual as an outpatient under such observation status or any other such similar status and not as an inpatient of the hospital; (ii) explains the reason for the classification of such individual under such status; (iii) explains the implications of such status as an outpatient on— (I) eligibility for coverage of items and services under this title, including such items and services furnished by the hospital with respect to such individual while under such status and for items and services under this title for a subsequent discharge to a skilled nursing facility or other facility; and (II) cost-sharing requirements under this title, including with respect to items and services furnished by the hospital to such individual while under such status and with respect to items and services under this title for a subsequent discharge to a skilled nursing facility or other facility; (iv) includes the name and title of the staff of the hospital who provided the oral notification and the date and time of such oral notification; (v) includes such additional information as the Secretary deems appropriate; and (vi) in the case of the written notification, is— (I) signed by such individual (or person acting on the individual’s behalf) to acknowledge receipt of such notification; (II) written and formatted using language that is clear and easily understandable to Medicare beneficiaries; and (III) made available in different languages, as specified by the Secretary. . (b) Effective date The amendments made by subsection (a) shall apply with respect to items and services furnished on or after the date that is six months after the date of the enactment of this Act.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5232ih/xml/BILLS-113hr5232ih.xml
|
113-hr-5233
|
I 113th CONGRESS 2d Session H. R. 5233 IN THE HOUSE OF REPRESENTATIVES July 29, 2014 Mr. Holding (for himself, Mr. Nadler , Mr. Coble , Mr. Conyers , Mr. Chabot , Mr. Jeffries , Mr. Richmond , and Ms. DelBene ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend chapter 90 of title 18, United States Code, to provide Federal jurisdiction for the theft of trade secrets, and for other purposes.
1. Short title This Act may be cited as the Trade Secrets Protection Act of 2014 . 2. Federal jurisdiction for theft of trade secrets (a) In general Section 1836 of title 18, United States Code, is amended by striking subsection (b) and inserting the following: (b) Private civil actions (1) In general An owner of a trade secret may bring a civil action under this subsection if the person is aggrieved by a misappropriation of a trade secret that is related to a product or service used in, or intended for use in, interstate or foreign commerce. (2) Civil seizure (A) In general (i) Application Based on an affidavit or verified complaint satisfying the requirements of this paragraph, the court may, upon ex parte application, issue an order providing for the seizure of property necessary to preserve evidence in a civil action brought under paragraph (1) or to prevent the propagation or dissemination of the trade secret that is the subject of the action. (ii) Requirements for issuing order The court may not grant an application under clause (i) unless the court finds that it clearly appears from specific facts that— (I) an order issued pursuant to Rule 65(b) of the Federal Rules of Civil Procedure would be inadequate to achieve the purpose of this paragraph because the party to which the order would be issued would evade, avoid, or otherwise not comply with such an order; (II) an immediate and irreparable injury will occur if such seizure is not ordered; (III) the harm to the applicant of denying the application outweighs the harm to the legitimate interests of the person against whom seizure would be ordered of granting the application and substantially outweighs the harm to any third parties who may be harmed by such seizure; (IV) the applicant is likely to succeed in showing that the person against whom seizure would be ordered misappropriated the trade secret and is in possession of the trade secret; (V) the application describes with reasonable particularity the matter to be seized and, to the extent reasonable under the circumstances, identifies the location where the matter is to be seized; (VI) the person against whom seizure would be ordered, or persons acting in concert with such person, would destroy, move, hide, or otherwise make such matter inaccessible to the court, if the applicant were to proceed on notice to such person; and (VII) the applicant has not publicized the requested seizure. (B) Elements of order If an order is issued under subparagraph (A), it shall— (i) set forth findings of fact and conclusions of law required for the order; (ii) provide for the seizure of any property in a manner that minimizes any interruption of the business operations of third parties and, to the extent possible, does not interrupt those legitimate business operations of the person accused of misappropriating the trade secret that are unrelated to the trade secret that has allegedly been misappropriated; (iii) be accompanied by an order protecting the property from disclosure by restricting the access of the applicant, including during the seizure, and prohibiting any copies, in whole or in part, of the seized property, to prevent undue damage to the party against whom the order has issued or others, until such parties have an opportunity to be heard in court; (iv) set a date for a hearing at the earliest possible time, and not later than 7 days after the order has issued, unless the party against whom the order is directed and others harmed by the order consent to another date for such hearing, except that a party against whom the order has issued or any person harmed by the order may move the court at any time to dissolve or modify the order after giving notice to the applicant who obtained the order; and (v) require the person obtaining the order to provide the security determined adequate by the court for the payment of such damages as any person may be entitled to recover as a result of a wrongful or excessive seizure or wrongful or excessive attempted seizure under this paragraph. (C) Protection from publicity The court shall take appropriate action to protect the person against whom an order under this paragraph is directed from publicity, by or at the behest of the person obtaining the order, about such order and any seizure under such order. (D) Materials in custody of court Any materials seized under this paragraph shall be taken into the custody of the court. The court shall secure the seized material from physical and electronic access during the seizure and while in the custody of the court. (E) Service of order The court shall order that service of a copy of the order under this paragraph shall be made by a Federal law enforcement officer, or may be made by a State or local law enforcement officer, who, upon making service, shall carry out the seizure under the order. (F) Action for damage caused by wrongful seizure A person who suffers damage by reason of a wrongful or excessive seizure under this paragraph has a cause of action against the applicant for the order under which such seizure was made, and shall be entitled to the same relief as is provided under section 34(d)(11) of the Trademark Act of 1946 (15 U.S.C. 1116(d)(11)). The security posted with the court under subparagraph (B)(v) shall not limit the recovery of third parties for damages. (3) Remedies In a civil action brought under this subsection with respect to the misappropriation of a trade secret, a court may— (A) grant an injunction— (i) to prevent any actual or threatened misappropriation described in paragraph (1) on such terms as the court deems reasonable; (ii) if determined appropriate by the court, requiring affirmative actions to be taken to protect the trade secret; and (iii) in exceptional circumstances that render an injunction inequitable, that conditions future use of the trade secret upon payment of a reasonable royalty for no longer than the period of time for which such use could have been prohibited; (B) award— (i) (I) damages for actual loss caused by the misappropriation of the trade secret; and (II) damages for any unjust enrichment caused by the misappropriation of the trade secret that is not addressed in computing damages for actual loss; or (ii) in lieu of damages measured by any other methods, the damages caused by the misappropriation measured by imposition of liability for a reasonable royalty for the misappropriator’s unauthorized disclosure or use of the trade secret; (C) if the trade secret is willfully and maliciously misappropriated, award exemplary damages in an amount not more than 3 times the amount of the damages awarded under subparagraph (B); and (D) if a claim of the misappropriation is made in bad faith, a motion to terminate an injunction is made or opposed in bad faith, or the trade secret was willfully and maliciously misappropriated, award reasonable attorney’s fees to the prevailing party. (c) Jurisdiction The district courts of the United States shall have original jurisdiction of civil actions brought under this section. (d) Period of limitations A civil action under subsection (b) may not be commenced later than 5 years after the date on which the misappropriation with respect to which the action would relate is discovered or by the exercise of reasonable diligence should have been discovered. For purposes of this subsection, a continuing misappropriation constitutes a single claim of misappropriation. . (b) Definitions Section 1839 of title 18, United States Code, is amended— (1) in paragraph (3), by striking and at the end; (2) in paragraph (4), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (5) the term misappropriation means— (A) acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or (B) disclosure or use of a trade secret of another without express or implied consent by a person who— (i) used improper means to acquire knowledge of the trade secret; (ii) at the time of disclosure or use, knew or had reason to know that the knowledge of the trade secret was— (I) derived from or through a person who had used improper means to acquire the trade secret; (II) acquired under circumstances giving rise to a duty to maintain the secrecy of the trade secret or limit the use of the trade secret; or (III) derived from or through a person who owed a duty to the person seeking relief to maintain the secrecy of the trade secret or limit the use of the trade secret; or (iii) before a material change of the position of the person, knew or had reason to know that— (I) the trade secret was a trade secret; and (II) knowledge of the trade secret had been acquired by accident or mistake; (6) the term improper means — (A) includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means; and (B) does not include reverse engineering or independent derivation; and (7) the term Trademark Act of 1946 means the Act entitled An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes, approved July 5, 1946 ( 15 U.S.C. 1051 et seq. ) (commonly referred to as the Trademark Act of 1946 or the Lanham Act ) . . (c) Exceptions to prohibition Section 1833 of title 18, United States Code, is amended, in the matter preceding paragraph (1), by inserting or create a private right of action for after prohibit . (d) Conforming amendments (1) The section heading for section 1836 of title 18, United States Code, is amended to read as follows: 1836. Civil proceedings . (2) The table of sections for chapter 90 of title 18, United States Code, is amended by striking the item relating to section 1836 and inserting the following: 1836. Civil proceedings. . (e) Effective date The amendments made by this section shall apply with respect to any misappropriation of a trade secret (as defined in section 1839 of title 18, United States Code, as amended by this section) for which any act occurs on or after the date of the enactment of this Act. (f) Rule of construction Nothing in the amendments made by this section shall be construed to modify the rule of construction under section 1838 of title 18, United States Code, or to preempt any other provision of law.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5233ih/xml/BILLS-113hr5233ih.xml
|
113-hr-5234
|
I 113th CONGRESS 2d Session H. R. 5234 IN THE HOUSE OF REPRESENTATIVES July 29, 2014 Ms. Shea-Porter introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to allow a credit against tax for manufacturing job training expenses.
1. Short title This Act may be cited as the Rewarding the Training of Employees for American Manufacturing Act of 2014 or the Rewarding the TEAM Act . 2. Manufacturing job training tax credit (a) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 45S. Manufacturing job training credit (a) In general For the purposes of section 38, the manufacturing job training credit determined under this section for the taxable year is an amount equal to 14 percent of so much of the manufacturing training expenses paid or incurred by a qualified manufacturing employer during the taxable year as exceeds 50 percent of the average manufacturing training expenses for the 3 taxable years preceding the taxable year for which the credit is determined. (b) Definitions For purposes of this section— (1) Manufacturing training expenses (A) In general The term manufacturing training expenses means, with respect to any eligible employee of the taxpayer, expenses paid or incurred by such taxpayer for any manufacturing training program, including any related course work, certification testing, and essential skill acquisition. (B) Eligible employee The term eligible employee means any employee of the taxpayer whose essential job function is within the United States and relates to manufacturing at a manufacturing facility of the taxpayer located within the United States. (2) Qualifying manufacturing employer The term qualified manufacturing employer means any employer— (A) which employs individuals in a trade or business in manufacturing, (B) the manufacturing facilities of which are located in the United States, and (C) the primary business of which is classified in sector 31, 32, or 33 of the North American Industrial Classification System. (c) Special rules (1) Rule in case of no manufacturing training expenses in any of 3 preceding taxable years (A) Taxpayers to which paragraph applies The credit under this section shall be determined under this paragraph if the taxpayer has no manufacturing training expenses in any one of the 3 taxable years preceding the taxable year for which the credit is being determined. (B) Credit rate The credit determined under this paragraph shall be equal to 6 percent of the manufacturing training expenses for the taxable year. (2) Denial of double benefit No deduction shall be allowed under this chapter for the portion of the expenses otherwise allowable as a deduction that are taken into account in determining the credit under this section for the taxable year. (3) Aggregation For purposes of this section, all persons treated as a single employer under subsection (a) or (b) or section 52, or subsection (m) or (o) of section 414, shall be treated as one person. (d) Election To have credit not apply A taxpayer may elect to have this section not apply for any taxable year. . (b) Credit To be part of general business credit Subsection (b) of section 38 of the Internal Revenue Code of 1986 is amended by striking plus at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting , plus , and by adding at the end the following new paragraph: (37) the manufacturing job training credit determined under section 45S(a). . (c) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 45S. Manufacturing job training credit. . (d) Effective date The amendments made by this section shall apply to expenses paid or incurred after the date of the enactment of this Act, in taxable years ending after such date.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5234ih/xml/BILLS-113hr5234ih.xml
|
113-hr-5235
|
I 113th CONGRESS 2d Session H. R. 5235 IN THE HOUSE OF REPRESENTATIVES July 29, 2014 Mr. Engel (for himself, Mr. Royce , Mr. Smith of Washington , Mrs. Davis of California , Mr. Jeffries , Mr. Sherman , Ms. Ros-Lehtinen , Mr. Deutch , and Ms. Frankel of Florida ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To authorize further assistance to Israel for the Iron Dome anti-missile defense system.
1. Short title This Act may be cited as the Emergency Iron Dome Replenishment Act . 2. Findings Congress finds the following: (1) Since June 12, 2014, the foreign terrorist organization Hamas and other Palestinian extremists have been launching dozens of rockets per day at the State of Israel. (2) Hamas possesses approximately 12,000 missiles of assorted ranges that could threaten approximately 40 percent of the Israeli population. (3) Iran has supplied Hamas and other Palestinian extremists with long-range missiles, capable of hitting Israeli population centers 100 miles away. (4) Hamas rockets are either unguided or have inaccurate guidance systems, making them true weapons of terror designed only to kill people at random. (5) Hamas has admitted targeting Israel’s nuclear research reactor at Dimona. (6) The use of rockets by Hamas against Israeli population centers has been called a war crime. (7) In March 2014, Israel intercepted the ship Klos-C, which was carrying dozens of long-range rockets, reportedly from Iran to Hamas. (8) The United States remains committed to Israel’s qualitative military edge, including its advantage over Hamas and other foreign terrorist organizations. (9) The Israeli Defense Forces report that the Iron Dome anti-missile defense system has achieved a success rate of 90 percent, intercepting rockets bound for civilian population centers, including residential neighborhoods, busy road junctions, shopping centers, and crowded streets. (10) The recent success of the Iron Dome anti-missile defense system averted massive Israeli casualties. (11) Supporting Israel’s ability to defend itself against missiles, rockets, and other threats advances the United States own vital national security interests and the cause of Middle Eastern peace and stability. (12) The White House said on July 8, 2014, No country can accept rocket fire aimed at civilians and we support Israel’s right to defend itself against these vicious attacks. . (13) In 2012, President Obama called Iron Dome critical in terms of providing security and safety for Israeli families. It is a program that has been tested and has prevented missile strikes inside of Israel. . 3. Authorization of assistance to Israel for Iron Dome anti-missile defense system The President, acting through the Secretary of Defense and the Secretary of State, is authorized to provide assistance, upon request by the Government of Israel, for the procurement, maintenance, and sustainment of the Iron Dome anti-missile defense system for purposes of intercepting short-range missiles launched against Israel.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5235ih/xml/BILLS-113hr5235ih.xml
|
113-hr-5236
|
I 113th CONGRESS 2d Session H. R. 5236 IN THE HOUSE OF REPRESENTATIVES July 29, 2014 Mr. Marchant introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to add certain tax-related crimes to the definition of aggravated identity theft, and for other purposes.
1. Short Title This Act may be cited as the Taxpayer Identity Theft Prevention and Enforcement Act of 2014 . 2. Tax-related Crimes Section 1028A(c) of title 18, United States Code, is amended— (1) by striking or at the end of paragraph (10); (2) by striking the period in paragraph (11) and adding a semicolon; and (3) by adding at the end the following: (12) any provision of subchapter A of chapter 75 of the Internal Revenue Code of 1986 (relating to crimes under the Internal Revenue Code); or (13) any of the following when committed in connection with the filing of a return of tax under subtitle A of the Internal Revenue Code of 1986: (A) Section 286 (relating to conspiracy to defraud the Government with respect to claims). (B) Section 287 (relating to false, fictitious or fraudulent claims). (C) Section 371 (relating to conspiracy to commit any offense against the United States, or to defraud the United States). .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5236ih/xml/BILLS-113hr5236ih.xml
|
113-hr-5237
|
I 113th CONGRESS 2d Session H. R. 5237 IN THE HOUSE OF REPRESENTATIVES July 29, 2014 Mr. Coffman introduced the following bill; which was referred to the Committee on the Judiciary A BILL To direct the Secretary of Homeland Security to allow aliens having status as an E–2 nonimmigrant by reason of a change of nonimmigrant classification made in the United States to re-enter the United States after a trip abroad without obtaining a new visa.
1. Short title This Act may be cited as— (1) the Investors Need Clear Laws with Uniform Direction for E–2 Status Holders Act ; or (2) the INCLUDE Act . 2. Unlimited re-entries for certain treaty investors (a) In general The Secretary of Homeland Security shall take such steps as may be necessary to ensure that— (1) an alien described in subsection (b) may re-enter the United States after a trip abroad without having to request or obtain a new visa; and (2) there is no limit on the number of such re-entries during the period in which the alien lawfully holds status under section 101(a)(15)(E)(ii) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(E)(ii) ). (b) Aliens described An alien described in this subsection is an alien having lawful status under section 101(a)(15)(E)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(E)(ii)) by reason of a change of nonimmigrant classification made in the United States under section 248 of such Act ( 8 U.S.C. 1258 ). (c) Travel documents The Secretary of Homeland Security shall commence issuance of travel documents determined appropriate by the Secretary to carry out this section, such as re-entry permits, advance parole travel documents, or any other travel documents deemed appropriate by the Secretary for this purpose.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5237ih/xml/BILLS-113hr5237ih.xml
|
113-hr-5238
|
I 113th CONGRESS 2d Session H. R. 5238 IN THE HOUSE OF REPRESENTATIVES July 29, 2014 Ms. Jackson Lee (for herself, Mr. Nadler , Ms. Hahn , Ms. Clarke of New York , Mr. Ellison , Ms. Brown of Florida , Mr. Crowley , Ms. Fudge , Ms. Wilson of Florida , Mr. Meeks , and Mr. Hinojosa ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To preserve the access of victims of trafficking to information about their eligibility to receive SNAP benefits.
1. Short title This Act may be cited as the Securing the Assistance of Victims of Exploitation Act of 2014 (SAVE Act) . 2. Findings The Congress finds the following: (1) Trafficking in humans, and especially domestic child trafficking, has no place in a civilized society. Those who engage in this illicit trade should be prosecuted to the fullest extent of the law. (2) State and local law enforcement agencies should have the tools, resources, and training necessary to identify, apprehend, and prosecute criminals who ruthlessly traffic in children and young persons. (3) One of the most effective resources in bringing criminals to justice is the cooperation and assistance of their victims. 3. Continuation of SNAP information assistance Notwithstanding any other provision of law, none of the funds made available to carry out the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ) may be used in contravention of section 107(b) of Division A of the Victims of Trafficking and Violence Protection Act of 2000 (114 Stat. 1482; 22 U.S.C. 7105(b)).
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5238ih/xml/BILLS-113hr5238ih.xml
|
113-hr-5239
|
I 113th CONGRESS 2d Session H. R. 5239 IN THE HOUSE OF REPRESENTATIVES July 29, 2014 Mr. Pocan (for himself, Ms. Wilson of Florida , Ms. Bonamici , Mr. Vargas , Mr. McGovern , and Mr. Sarbanes ) 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 exclude from gross income any discharge of student loan indebtedness.
1. Exclusion from gross income for discharge of student loan indebtedness (a) In general Paragraph (1) of section 108(f) of the Internal Revenue Code of 1986 is amended to read as follows: (1) In general In the case of an individual, gross income does not include any amount which (but for this subsection) would be includible in gross income by reason of the discharge (in whole or in part) of any student loan if such discharge was pursuant to— (A) a provision of such loan under which all or part of the indebtedness of the individual would be discharged if the individual worked for a certain period of time in certain professions for any of a broad class of employers, (B) subsections (d)(1)(D) and (e)(7) of section 455 or section 493C(b)(7) of the Higher Education Act of 1965 (relating to income contingent and income-based repayment, respectively), (C) section 437 of the Higher Education Act of 1965, or (D) subsections (c)(1)(F) and (g) of section 464 of the Higher Education Act of 1965. . (b) Student loans Paragraph (2) of section 108(f) of such Code is amended by striking made by— and all that follows and inserting the following: . Such term includes indebtedness used to refinance indebtedness which qualifies as a student loan under the preceding sentence. . (c) Effective date The amendments made by this section shall apply to discharges of indebtedness after the date of the enactment of this Act.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5239ih/xml/BILLS-113hr5239ih.xml
|
113-hr-5240
|
I 113th CONGRESS 2d Session H. R. 5240 IN THE HOUSE OF REPRESENTATIVES July 29, 2014 Mr. Thompson of Mississippi introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committees on Homeland Security , Select Intelligence (Permanent Select) , and the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To reform classification and security clearance processes throughout the Federal Government and, within the Department of Homeland Security, to establish an effective and transparent process for the designation, investigation, adjudication, denial, suspension, and revocation of security clearances, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Clearance and Over-Classification Reform and Reduction Act or the CORRECT Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Title I—Reforms to Classification and Clearance Processes Subtitle A—Reducing Over-Classification Sec. 101. Trend information on classified information and third evaluations. Sec. 102. Uniformity in sampling. Sec. 103. Ten percent reduction in holdings of classified information. Sec. 104. Status update on efforts at reducing holdings of classified information. Sec. 105. Report. Sec. 106. Public Interest Declassification Board enhancements. Sec. 107. Classification designation training. Sec. 108. Reducing over-classification guidance. Subtitle B—Governmentwide Reforms Sec. 111. Sense of Congress. Sec. 112. Report on certain designations. Sec. 113. Transparency and accountability in personnel security investigations. Sec. 114. Continuous evaluation programs and insider threat programs. Sec. 115. Mitigating factors in the context of a continuous evaluation program or insider threat program. Sec. 116. Appeal to the Merit Systems Protection Board. Sec. 117. Automated or nongovernmental adjudication prohibited. Sec. 118. Report on media contacts policy for intelligence personnel. Title II—Department of Homeland Security Clearance Process Reforms Subtitle A—Designation Sec. 201. Designation of national security sensitive and public trust positions. Sec. 202. Audits. Sec. 203. Review of position designations. Subtitle B—Investigation Sec. 211. Investigation services provider performance. Sec. 212. Metrics. Subtitle C—Adjudication Sec. 221. Uniform adjudication standards. Subtitle D—Denial, Suspension, Revocation, and Appeal Sec. 231. Uniform revocation criteria and procedures. Sec. 232. Annual reporting. Sec. 233. Final appeals panel. Subtitle E—Miscellaneous Provisions Sec. 241. Intelligence Reform and Terrorism Prevention Act of 2004 review and security clearance reciprocity. Sec. 242. Office of Inspector General report. Sec. 243. Penalties for falsification relating to an investigation file. 2. Definitions In this Act: (1) Chief Security Officer The term Chief Security Officer means the Classified Information Advisory Officer of the Department of Homeland Security (identified and designated pursuant to section 210F of the Homeland Security Act of 2002 ( 6 U.S.C. 124m )). (2) Intelligence Reform and Terrorism Prevention Act terms The terms agency , authorized investigative agency , authorized adjudicative agency , current investigation file , periodic reinvestigations , and personnel security investigation have the meanings given those terms in section 3001(a) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341(a) ). (3) Investigation service provider The term investigation service provider means the Office of Personnel Management and any other entity that undertakes investigative services, including criminal record checks, financial record checks, field interviews, employment review, and education verifications, for an investigation file for a national security position. (4) National security position The term national security position has the meaning given that term in section 732.102 of title 5, Code of Federal Regulations. I Reforms to Classification and Clearance Processes A Reducing Over-Classification 101. Trend information on classified information and third evaluations Subsection (b) of section 6 of the Reducing Over-Classification Act ( 50 U.S.C. 3161 note; Public Law 111–258) is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A)— (i) by striking 2016 and inserting 2019 ; and (ii) by striking no less than two and inserting not fewer than three ; (B) in subparagraph (A), by striking and at the end; (C) in subparagraph (B), by striking the period at the end and inserting ; and ; and (D) by adding after subparagraph (B) the following new subparagraph: (C) beginning with the second evaluation under paragraph (2)(B), to assess, with respect to subparagraph (A) of this paragraph, the degree to which the incentives for accurate classification decisions referred to in subsection (a) have been utilized, and the extent to which the use of such incentives, including cash incentives or other alternative, non-cash awards, has improved the accuracy of original classification decisions or derivative classification decisions and a reduction in classified information. ; (2) in paragraph (2), by adding at the end the following new subparagraph: (C) Third evaluations Each third evaluation required by paragraph (1) shall review progress made since the second evaluation and the adequacy of the records to support each self-inspection program determination in accordance with subsection (c), and assess such department or agency’s procedures and activities regarding classification challenges. Specifically, each third evaluation shall— (i) (I) assess implementation of procedures by such department or agency to encourage authorized holders of classified information, including authorized holders outside the classifying agency, to challenge the classification of information that they believe is improperly classified or unclassified, as required by section 1.8 of Executive Order 13526 ( 50 U.S.C. 3161 note) or successor order, and the degree to which such department or agency makes each authorized holder of classified information aware of the procedures and encourages such holders to challenge the classification of information that they believe is improperly classified or unclassified; and (II) to the extent practicable, review data reflecting the disposition of challenges received by such department or agency, including how often such challenges resulted in a change in classification; (ii) review the degree to which information that was declassified was determined by the agency to be of extraordinary public interest that does not undermine the national security of the United States, including information on the number of national security positions (pursuant to section 732 of title 5, Code of Federal Regulations), by classification level, that are designated within the agency during that period; and (iii) shall be completed not later than September 30, 2019. ; and (3) in paragraph (3)(B)— (A) in clause (i), by striking and at the end; (B) in clause (ii), by striking the period at the end and inserting ; and ; and (C) by adding after clause (ii) the following new clause: (iii) information relating to the assessment required under paragraph (1)(C). . 102. Uniformity in sampling Section 6 of the Reducing Over-Classification Act ( 50 U.S.C. 3161 note; Public Law 111–258 ) is amended by adding at the end the following new subsection: (c) Uniformity in sampling The President, acting through the Director of the Information Security Oversight Office, shall issue a standardized sampling technique for department and agency self-inspection programs as required pursuant to Executive Order 13526 (50 U.S.C. 3161 note) in order to address any vulnerabilities in such programs. . 103. Ten percent reduction in holdings of classified information Section 6 of the Reducing Over-Classification Act ( 50 U.S.C. 3161 note; Public Law 111–258 ), as amended by section 102 of this Act, is further amended by adding at the end the following new subsection: (d) Ten percent reduction in holding of classified information The President shall establish goals for reducing, by the date that is not later than five years after the date of the enactment of this subsection, classified information, through declassification and improved original and derivative classification decisionmaking, by not less than ten percent as compared to the amount of such information as of the day before such date. For purposes of this subsection, classified information that would otherwise be declassified pursuant to Executive Order 13526 ( 50 U.S.C. 3161 note) shall not count towards such ten percent requirement. . 104. Status update on efforts at reducing holdings of classified information Section 704(d)(1) of the Public Interest Declassification Act of 2000 ( 50 U.S.C. 3161 note; Public Law 106–567) is amended by striking the period and inserting and information on the status of efforts, to the extent practicable on an agency-by-agency basis, at reducing the holding of classified information pursuant to section 6(d) of the Reducing Over-Classification Act ( 50 U.S.C. 3161 note; Public Law 111–258). . 105. Report Section 6 of the Reducing Over-Classification Act ( 50 U.S.C. 3161 note; Public Law 111–258 ), as amended by sections 102 and 103 of this Act, is further amended by adding at the end the following new subsection: (e) Report The Inspector General of each department or agency of the United States with an officer or employee who is authorized to make original and derivative classification decisions shall submit to the appropriate entities (as such term is defined in subsection (b)(4)) a report relating to progress accomplished under subsections (c) and (d). . 106. Public Interest Declassification Board enhancements (a) Reviews of classification guidance Subsections (a) and (b) of section 704 of the Public Interest Declassification Act of 2000 (50 U.S.C. 3161 note; Public Law 106–567 ) are amended to read as follows: (a) Agency declassification programs and classification guidance (1) Declassification programs (A) Report The head of any agency with the authority under an Executive order to classify information shall annually provide to the Board, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives a summary briefing and report on the progress and plans of such agency in the declassification of national security information. (B) Contents Each briefing and report required under subparagraph (A) shall— (i) cover the declassification goals set by statute, regulation, or policy, the progress of the agency towards completing such goals, and the planned goals and priorities of the agency for its declassification activities over the 2 fiscal years following the report; (ii) give particular attention to progress on the declassification of records and materials that are of extraordinary public interest to the people of the United States; and (iii) include information on the disposition of recommendations regarding Special Searches for Records of Extraordinary Public Interest submitted pursuant to section 704(c). (C) Consolidated report The annual briefing and report under paragraph (1) for agencies within the Department of Defense, including the military departments and the elements of the intelligence community (as defined in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 3003(4) )), shall be provided on a consolidated basis. (2) Review of classification guidance The Board shall, on an ongoing basis, review classification guidance required pursuant to Executive Order 13526 ( 50 U.S.C. 3161 note) or any successor order utilized within each agency to assess— (A) the validity of the national security basis for each instruction in the classification guidance; (B) the clarity of each instruction within the classification guidance to ensure that only the minimum necessary information is classified; and (C) the feasibility of narrowing or eliminating any classification guidance that is unnecessary or obsolete. (3) Plan for reviewing classification guidance Not later than 90 days after the date of the enactment of the Clearance and Over-Classification Reform and Reduction Act, the Chairperson of the Board shall submit a multi-year plan for reviewing classification guidance utilized within each agency, with benchmarks for when and, to the extent practicable, which classification guidance will be reviewed and how the findings will be shared with the head of each agency and the inspector general of each agency. (4) Recommendations for harmonizing and reducing classification guidance Not later than one year after the date of the enactment of the Clearance and Over-Classification Reform and Reduction Act, the Chairperson of the Board shall submit recommendations for harmonizing and reducing classification guidance across the Federal Government to the President. (b) Recommendations on agency declassification programs and classification guidance (1) In general Upon reviewing classification guidance and discussing declassification plans and progress with an agency, the Board shall provide to the head of that agency, the Director of the Office of Management and Budget, and the Assistant to the President for National Security Affairs the written recommendations of the Board as to how the classification guidance and declassification program of the agency could be improved. (2) Public availability Not later than 60 days after the Board provides written recommendations to the head of an agency in accordance with paragraph (1), the Board shall make such recommendations public in accordance with subsection (k). . (b) Staff and detailees Subsection (f) of section 703 of such Act is amended to read as follows: (f) Director and Staff (1) Director The Chairperson of the Board, in accordance with rules agreed upon by the Board, shall appoint and fix the compensation of a Director, except that no rate of pay fixed under this paragraph may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (2) Staff The Chairperson of the Board, in accordance with rules agreed upon by the Board, may appoint and fix the pay of personnel as may be necessary to enable the Board to carry out its functions. (3) Applicability of certain civil service laws The Director and staff may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. (4) Detailees Any employee of the Federal Government may be detailed to the Board with the agreement of, and without reimbursement to, the detailing agency, and such detail shall be without interruption or loss of civil, military, or foreign service status or privilege. . (c) Compensation and travel expenses Subsection (h) of section 703 of such Act is amended to read as follows: (h) Compensation and travel expenses (1) Compensation (A) Chairperson The Chairperson of the Board shall be compensated at the rate of pay payable for a position at level III of the Executive Schedule under section 5314 of title 5, United States Code. (B) Members Each member of the Board shall be compensated at a rate of pay payable for a position at level IV of the Executive Schedule under section 5315 of such title, for each day during which that member is engaged in the actual performance of the duties of the Board. (2) Travel expenses Members of the Board shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. . (d) Public meetings Section 704(c) of such Act is amended by adding at the end the following new paragraph: (3) In carrying out this subsection, the Board shall conduct public meetings on at least a semiannual basis and publish in the Federal Register notice of such meetings. . (e) Extension of sunset Subsection (b) of section 710 of such Act is amended by striking 2018 and inserting 2024 . 107. Classification designation training Section 7 of the Reducing Over-Classification Act ( 50 U.S.C. 3344 ; Public Law 111–258 ) is amended— (1) in subsection (a), in the matter preceding paragraph (1)— (A) in the first sentence, by inserting , including computer-based training, after annual training ; and (B) in the second sentence, by inserting such before training ; and (2) by adding at the end the following new subsection: (c) Recordkeeping The head of each Executive agency shall maintain records and make such records available to the inspector general of each such agency of the extent to which training required under this section is completed by each employee subject to such training. . 108. Reducing over-classification guidance The Secretary of Homeland Security shall develop and disseminate to components of the Department of Homeland Security and make available to other agencies guidance on best practices and strategies to implement the Reducing Over-Classification Act ( Public Law 111–258 ), as amended by this Act. Such guidance shall include information on the following: (1) Administrative approaches, including the establishment of internal quarterly meetings and working groups to carry out the requirements of the Reducing Over-Classification Act ( Public Law 111–258 ). (2) Consolidation of information security policies throughout an agency. (3) Provision of training, including in-person initial training and computer-based recurrent training, in accordance with section 7 of the Reducing Over-Classification Act, as amended by section 105 of this Act. (4) Adoption of uniform formats for the preparation, production, or publication of classified information. (5) Ways to encourage an authorized holder of classified information to challenge the classification of information that such holder believes is improperly classified or unclassified, as required by section 1.8 of Executive Order 13526 (50 U.S.C. 3161 note) or successor order. B Governmentwide Reforms 111. Sense of Congress It is the sense of Congress that a position shall only be designated as a national security position if access to classified information is required or if that position— (1) presents a risk of a material adverse effect on the national security (as described in section 732.201 of title 5, Code of Federal Regulations); and (2) is determined to be a public trust position (as described in section 731.106 of title 5, Code of Federal Regulations). 112. Report on certain designations (a) Report Not later than 6 months after the date of enactment of this Act and biannually thereafter, the head of each agency with the authority to designate a national security position shall submit to Congress a report that provides information regarding any national security position for which access to classified materials is not required and the position is not determined to be a public trust position (as described in section 731.106 of title 5, Code of Federal Regulations). (b) Contents The report required under subsection (a) shall include— (1) a description for the position, including specific information on duties and day-to-day operations; (2) the history of the position’s national security position designation, including whether the position is newly created or was transferred from another department, division, or program; (3) an explanation of the position’s national security position designation and whether responsibilities have been added to the position to explain the designation; (4) an explanation of the national security implications of the position; (5) the advertising and recruitment mechanisms used to fill the position; (6) information on the individual who holds the position, including as appropriate, information on periods when the individual had previously held a national security position; and (7) demographic information on the individual who holds the position, including age, gender, race, ethnicity, employment status, and geographic location. (c) Public report The report required under subsection (a) shall be submitted in unclassified form and be made publicly available, but may include a classified annex for any sensitive or classified information if necessary. 113. Transparency and accountability in personnel security investigations (a) In general Not later than 120 days after the date of the enactment of this Act, the Director of National Intelligence and the Director of the Office of Personnel Management shall establish requirements for a uniform markings process to identify the investigation service provider that originated each piece of information in a current investigation file. (b) Utilization (1) In general Not later than 90 days after the establishment of the uniform markings process pursuant to subsection (a), investigation service providers shall utilize such uniform markings process and make available, upon request by the authorized adjudicative agency, all documents in a current investigation file. (2) Exception This subsection shall not apply to a personnel security investigation that an agency conducts using its own personnel, under delegated or statutory authority. 114. Continuous evaluation programs and insider threat programs (a) Findings Congress finds the following: (1) The term continuous evaluation as defined in Executive Order 13467, means reviewing the background of an individual who has been determined to be eligible for access to classified information at any time during the period of eligibility. (2) Since 1998, at least 10 continuous evaluation pilot studies have been carried out by Federal agencies to monitor the individuals with security clearances on an ongoing basis. (3) The Department of Defense has conducted multiple continuous evaluation pilots since early 2002 and has more than one pilot that is ongoing as of July 1, 2014. By October 2014, the Department anticipates 100,000 people to be subject to continuous evaluation with the population steadily rising to 1 million by 2017. (4) The Office of the Director of National Intelligence plans for all individuals with Top Secret clearances or higher to be subject to continuous evaluation by 2016. (5) Since 2010, applicants submitting an application for a security clearance, the Standard Form 86, are required to consent to being monitored through continuous evaluation. (6) In February 2014, the Office of Management and Budget issued a 120-day review of Federal employee suitability and contractor fitness determinations as well as security clearance procedures and recommended an accelerated timetable for an integrated solution or continuous evaluation program across all Federal agencies and security levels. (7) In addition to continuous evaluation, some Federal agencies are establishing insider threat programs pursuant to Executive Order 13587 ( 50 U.S.C. 3161 note), which authorized the establishment of insider threat programs to, among other things, identify any Government or contracted employee that may have compromised national security through such employee’s work capacity. (8) Continuous evaluation and insider threat programs are proliferating throughout the Federal government without requirements for protections to ensure that such programs be designed and implemented in a manner that not only protects national security but also promotes fairness, transparency, and employee protections, including whistleblower protections. (b) Requirements Not later than 180 days after the date of enactment of this Act, the Privacy and Civil Liberties Oversight Board, established under section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 42 U.S.C. 2000ee ), shall publish in the Federal Register standards for the protection of national security and promotion of fairness, transparency, and employee protections, including safeguards to preserve the rights and confidentiality of whistleblowers with respect to the operation of a continuous evaluation program and the operation of an insider threat program by a Federal agency. (c) Certification (1) In general Not later than 90 days after the date of publication of the standards under subsection (b), the head of any agency that is operating a continuous evaluation program or insider threat program as of the date of the enactment of this Act shall— (A) certify whether such program is in compliance with the standards established under subsection (b); and (B) publish such certification in the Federal Register. (2) Suspension or program Any such head who certifies that a continuous evaluation program or insider threat program does not meet such standards or who fails to publish a certification of compliance pursuant to paragraph (1) shall suspend the program until such program is compliant and certification of compliance is published in the Federal Register. (d) Report The head of any agency that is operating a continuous evaluation program or insider threat program as of the date of enactment of this Act shall annually submit to Congress a report that includes the following information: (1) The number of individuals in the agency subject to the continuous evaluation program or insider threat program. (2) The number of individuals in the agency whose eligibility for access to classified information was suspended or revoked as a result of information acquired through the continuous evaluation program or insider threat program. (3) The total number of individuals in the agency who are eligible to access classified information. (4) Demographic information on each individual whose eligibility for access to classified information was changed as a result of information collected through the continuous evaluation program or insider threat program, including age, race, gender, and ethnicity. (5) A description of the mechanisms used to conduct the evaluations, including how individuals were selected, whether the evaluations were randomized, and if so, the nature of the randomization, including the degree to which it was temporally randomized and the degree to which the selection of individuals subject to the program was randomized. (6) A description of the types of information that were captured through the continuous evaluation program or insider threat program and were the basis for further investigation. (7) The frequency that information captured through the continuous evaluation program or insider threat program was the basis for further investigation. (8) Information on any individual whose eligibility for access to classified information was changed as a result of information collected through the continuous evaluation program or insider threat program, including the clearance level of each impacted individual and what position, if any, the individual holds within the agency, number of years the individual has been eligible to access classified information at the level held at the time that the individual was subject to the continuous evaluation program or insider threat program and, if available, the frequency that classified information was accessed by each such individual. (9) Identification of each database that was accessed. (10) Protocols for resolution of information captured through the continuous evaluation program or insider threat program that was the basis for further investigation, including the provision of notification to the impacted individual’s supervisor and the impacted individual. (11) Information on any specific instance in which the continuous evaluation program or insider threat program resulted in the protection of classified information and national security. (12) Information on the annual and life-cycle costs of the continuous investigation or insider threat program and, in the event that the head of the agency intends to expand the program, information on the anticipated costs of expansion. (e) Pilot program The head of any agency that establishes a continuous evaluation program after the date of the enactment of this Act shall be subject to the following requirements: (1) Before initiating a continuous evaluation program or insider threat program, such head shall conduct a pilot continuous evaluation program or pilot insider threat program that is not shorter than 120 days in duration and uses a representative sample of individuals eligible for access to classified information, including individuals employed by contractors. Participants in the program shall receive notification and, in the event that derogatory information is identified through the program that results in changes to such participant’s eligibility for access to classified information, shall be provided access to the redress process described under section 116. (2) Before conducting a pilot continuous evaluation program or pilot insider threat program under paragraph (1), such head shall publish, in the Federal Register, a notice of the program that provides information on the provisions of the program, metrics for evaluating its efficacy, and a privacy impact assessment. (3) Not later than 90 days after the initiation of a pilot continuous evaluation program or pilot insider threat program pursuant to paragraph (1), such head shall submit to Congress a preliminary report that includes— (A) the number of individuals evaluated under the program; (B) the total number of individuals in the agency who are eligible to access classified information; (C) demographics of the individuals evaluated under the program, including age, race, gender, ethnicity, employer, clearance level, and the number of years the individual has been eligible to access classified information; (D) a position description for each individual evaluated under the program; (E) a description of the mechanisms used to conduct the evaluations, including how individuals were selected, whether the evaluations were randomized, and if so, the nature of the randomization, including the degree to which it was temporally randomized and the degree to which the selection of individuals subject to the program was randomized; (F) a description of the types of information that were captured through the program and were the basis for further investigation; (G) the frequency that information captured through the program was the basis for further investigation; and (H) information on the number of individuals whose eligibility for access to classified information was changed as a result of information collected through the program. (4) Not later than 180 days after the conclusion of a pilot continuous evaluation program or pilot insider threat program pursuant to paragraph (1) or expansion of a pilot continuous evaluation program or pilot insider threat program, such head shall submit to Congress a final report that updates the information required in the preliminary report under paragraph (3). The report shall include— (A) an identification of each database that was accessed; (B) protocols for resolution of information captured through the program that was the basis for further investigation, including the provision of notification to the impacted individual’s supervisor and the impacted individual; (C) information on any specific instance in which continuous evaluation resulted in the protection of classified information and national security; and (D) information regarding the annual and life-cycle costs of the program and, in the event that such head intends to expand the program or initiate a continuous evaluation program or insider threat program, information on the anticipated costs of an expansion or initiation. (5) Prior to expanding a pilot continuous evaluation program or insider threat program or initiating a continuous evaluation program or insider threat program, such head shall secure a privacy impact assessment from the top privacy and civil liberties officials at such agency. (f) Unclassified reports All reports required under this section shall be submitted in unclassified form and be made publicly available, but may include a classified annex if necessary. (g) Limitation on data collection Not later than 180 days after the date of enactment of this Act, the head of an agency that operates a continuous evaluation program shall ensure that data collection under the program is limited to databases and other sources of information accessed for a periodic reinvestigation as of the date of enactment of this Act. (h) Definitions In this section: (1) Continuous evaluation program The term continuous evaluation program means any program continually reviewing the background of an individual who has been determined to be eligible for access to classified information pursuant to Executive Order 12968 ( 50 U.S.C. 3161 note) or any other similar authority. (2) Insider threat program The term insider threat program means any program monitoring the activity of an individual who has been determined to be eligible for access to classified information to improve insider threat detection and prevention pursuant to Executive Order 13587 ( 50 U.S.C. 3161 note), or successor order. 115. Mitigating factors in the context of a continuous evaluation program or insider threat program (a) Continuous evaluation Not later than 120 days after the date of enactment of this Act, for each adjudicative guideline for individuals with access to classified information (as described in part 147 of title 32, Code of Federal Regulations or similar successor regulation) the President shall update and tailor the conditions that mitigate security concerns to address continuous evaluation of such individuals performed pursuant to Executive Order 12968 (50 U.S.C. 3161 note) or any other authority, including the implications of recency on the availability of mitigation. (b) Insider threat program Not later than 240 days after the date of enactment of this Act, the President shall establish adjudicative guidelines, including conditions that mitigate security concerns that consider the implications of recency on the availability of mitigation, for an individual who is subject to an adverse decision based on an insider threat program established pursuant to Executive Order 13587 ( 50 U.S.C. 3161 note) or successor order. 116. Appeal to the Merit Systems Protection Board An employee for whom a final determination of ineligibility for a national security position has been made is entitled to appeal to the Merit Systems Protection Board under section 7701 of title 5, United States Code. 117. Automated or nongovernmental adjudication prohibited (a) In general An adjudication by an agency that an individual may not have access to classified information may only be made by a Federal employee and may not be rendered by an automated, electronic, or computer system. (b) Federal employee defined In this section, the term Federal employee has the meaning given the term employee in section 2105 of title 5, United States Code, and includes any member of the uniformed services. 118. Report on media contacts policy for intelligence personnel Not later than 90 days after the date of the enactment of this Act, the head of each element of the intelligence community (as such term is defined in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 3003(4) )) shall submit to Congress a report on each such element’s implementation of policy directives regarding contacts with news media by intelligence community personnel. Such report shall describe how each such element’s implementation of such directives protects the free speech rights of intelligence community personnel, including intelligence community personnel who choose to discuss unclassified public policy issues with friends or family members who may use new media technologies. II Department of Homeland Security Clearance Process Reforms A Designation 201. Designation of national security sensitive and public trust positions (a) In general The Secretary of Homeland Security shall require the Department of Homeland Security, including all components of the Department, to designate the sensitivity level of national security positions (pursuant to part 732 of title 5, Code of Federal Regulations, or similar successor regulation) in an accurate and consistent manner within the Department, including all such components. (b) Implementation In carrying out subsection (a), the Secretary of Homeland Security shall require the utilization of uniform designation tools throughout the Department of Homeland Security, including all components of the Department, and provide training to appropriate staff of the Department, including staff of all such components, on such utilization. Such training shall include guidance on factors for determining eligibility for access to classified information and facilities with classified information. 202. Audits Not later than 180 days after the Director of National Intelligence and Director of the Office of Personnel Management issue a rule for designation of national security positions (pursuant to part 732 of title 5, Code of Federal Regulations, or similar successor regulation), the Inspector General of the Department of Homeland Security shall conduct regular audits of compliance of the Department with such rule. 203. Review of position designations (a) In general The Secretary of Homeland Security, acting through the Chief Security Officer of the Department of Homeland Security, shall biennially conduct a review of all sensitivity level designations of national security positions (pursuant to part 732 of title 5, Code of Federal Regulations, or similar successor regulation) at the Department. (b) Determination If during the course of a review required under subsection (a) the Secretary of Homeland Security determines that a change in the sensitivity level of a position that affects the need for an individual to obtain access to classified information is warranted, such access shall be administratively adjusted or periodic reinvestigation completed, as necessary. (c) Report (1) In general Upon completion of each review required under subsection (a), the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the number of positions by classification level and by component of the Department of Homeland Security that are to be redesignated in accordance with subsection (b) to— (A) require access to classified information; (B) no longer require access to classified information; or (C) otherwise require a different level of access to classified information. (2) Form The report required under paragraph (1) shall be submitted in unclassified form and be made publicly available, but may include a classified annex for any sensitive or classified information if necessary. B Investigation 211. Investigation services provider performance (a) In general The Secretary of Homeland Security, acting through the Chief Security Officer of the Department of Homeland Security, shall annually survey the head of each component or office of the Department with the authority to adjudicate a current investigation file for a national security position to help determine whether— (1) investigation service providers are adhering to Federal requirements, including requirements under the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108–458) and requirements promulgated by the Office of Personnel Management; and (2) records provided are adequate to conduct adjudications. (b) Contents Each survey under subsection (a) shall consider the following: (1) Punctuality of completed personnel security investigations, including adherence to timelines required under section 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341 ). (2) Frequency that the adjudicator must seek clarifying or additional information from the investigation service provider. (3) Frequency that the adjudicator orders a full or partial reinvestigation. (4) Frequency that the adjudicator finds adverse information after the completed background investigation is submitted by the investigation service provider. (5) Frequency that the complete investigation file, including investigative notes, is provided. (6) Overall performance of the investigation service provider. (7) Satisfaction with the overall performance of the investigation service provider. (c) Corrective action If information provided under subsection (a) identifies a pattern of performance problems with a particular investigation service provider, the Chief Security Officer of the Department of Homeland Security shall make a recommendation to the Secretary of Homeland Security and, where appropriate, to the head of each component or office of the Department that uses the particular investigation service provider regarding corrective action, including suspension or cancellation of services. (d) Availability The Secretary of Homeland Security shall publish the results of each survey under subsection (a) and make each such publication publicly available on the website of the Department of Homeland Security. 212. Metrics The Secretary of Homeland Security shall utilize metrics, including, to the extent practicable, any metrics in use by the Office of Personnel Management as of the date of the enactment of this Act, to assess the timeliness, completeness, and overall quality of the provision of investigative services by investigation service providers. C Adjudication 221. Uniform adjudication standards (a) In general The Secretary of Homeland Security, acting through the Chief Security Officer of the Department of Homeland Security, shall issue uniform adjudication standards, consistent with part 147 of title 32, Code of Federal Regulations, or similar successor regulation, to be utilized by Department adjudicators with respect to adjudicating the eligibility of an individual for access to classified information. (b) Certification Not later than one year after the issuance of the uniform adjudication standards under subsection (a), the Secretary of Homeland Security, acting through the Chief Security Officer of the Department of Homeland Security, shall require the head of each component and office of the Department with the authority to adjudicate access to classified information of an individual to certify compliance with the uniform adjudication standards under subsection (a). (c) Audit Not later than two years after the last head of a component of the Department of Homeland Security certifies compliance under subsection (b) with the uniform adjudication standards under subsection (a), the Inspector General of the Department shall audit all such components to verify such compliance. D Denial, Suspension, Revocation, and Appeal 231. Uniform revocation criteria and procedures (a) In general The Secretary of Homeland Security, acting through the Chief Security Officer of the Department of Homeland Security, shall issue a Departmentwide directive that sets forth uniform criteria and procedures, consistent with any appropriate Federal Governmentwide standards, including notice requirements, for the suspension, denial, and revocation of eligibility for access to classified information of an individual issued by the Department. (b) Certification Not later than one year after issuance of the uniform criteria and procedures under subsection (a), the Secretary of Homeland Security, acting through the Chief Security Officer of the Department of Homeland Security, shall require the head of each component and office of the Department with the authority to adjudicate eligibility for access to classified information of an individual to certify compliance with such uniform criteria and procedures. 232. Annual reporting (a) In general The Secretary of Homeland Security, acting through the Chief Security Officer of the Department of Homeland Security, shall annually submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the following: (1) The number of denials, suspensions, revocations, and appeals of the eligibility for access to classified information of an individual throughout the Department. (2) The date and status or disposition of each reported action under paragraph (1). (3) The identification of the originator, whether by a component or headquarters, of each adverse action under paragraph (1), and description of the grounds for each such action. (4) Demographic data, including data relating to race, sex, national origin, and disability, of each individual for whom eligibility for access to classified information was denied, suspended, revoked, or appealed, and the number of years that each such individual was eligible for access to such information. (5) In the case of a suspension in excess of 180 days, an explanation for the such timeframe. (b) Form The report required under subsection (a) shall be submitted in unclassified form and be made publicly available, but may include a classified annex for any sensitive or classified information if necessary. 233. Final appeals panel (a) In general The Secretary of Homeland Security shall establish an internal appeals 5-person panel for final national security clearance denial and revocation determinations that is comprised of designees who are career, supervisory employees from departmental components and headquarters. (b) Chair The Chief Security Officer of the Department of Homeland Security shall serve as the chair of the panel established pursuant to subsection (a). (c) Positions At least two of the positions on the panel shall be held by non-security related supervisory employees for not more than two consecutive years, and at least one position shall held by a security related supervisory employee for not more than three consecutive years. (d) Subpanels (1) In general For each matter before the panel, a 3-person subpanel shall be convened by the chair, and may include the chairman. (2) Prohibition The chair may not select a panelist to serve on a 3-person subpanel referred to in paragraph (1) from the same component or office of the Department of Homeland Security as from which the matter before such subpanel originated or who has a prior relationship with any of the individuals involved in such matter. (e) Procedures (1) In general Each individual issued access to classified information by the Department of Homeland Security whose access is denied or revoked after a decision from a first-line deciding authority and a supervisor of such first-line deciding authority may appeal, in writing, to the 5-person appeals panel and appear, with a representative, before such panel to make a statement. (2) Rulings A simple majority of the appeals panel is required to uphold or overturn a denial or revocation. (3) Timing All determinations of the appeals panel shall be rendered within 90 days of receipt of an appeal under this section. (4) Finality All determinations of the appeals panel shall be final, and no further administrative review shall be permitted. E Miscellaneous Provisions 241. Intelligence Reform and Terrorism Prevention Act of 2004 review and security clearance reciprocity (a) In general Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on— (1) the impact of the implementation of section 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341 ; Public Law 108–458 ) on security clearance processes, including— (A) with respect to the quality of personnel security investigations and adjudications; and (B) the extent to which the timelines specified in such section have impacted security clearance backlogs, and include recommendations for areas for reform; and (2) the extent to which individuals with eligibility for access to classified information, adjudicated by the Secretary of Homeland Security or the head of a component or office of the Department of Homeland Security, are granted reciprocity within the Department and by other agencies, in accordance with subsection (d) of section 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341 ; Public Law 108–458 ), including— (A) the extent to which the lack of harmonization of suitability standards is a barrier to such reciprocity; and (B) recommendations on whether such standards should be included in interagency reciprocity agreements. (b) Form The report required under subsection (a) shall be submitted in unclassified form and be made publicly available, but may include a classified annex for any sensitive or classified information if necessary. 242. Office of Inspector General report Not later than two years after the date of the enactment of this Act, the Inspector General of the Department of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the implementation of responsibilities and mandates of the Department under this Act, and the amendments made by this Act. The report required under this section shall be submitted in unclassified form and be made publicly available, but may include a classified annex for any sensitive or classified information if necessary. 243. Penalties for falsification relating to an investigation file Section 1001(a) of title 18, United States Code, is amended by inserting at the end the following: If the offense involves an investigation file for a national security position (as such term is defined in section 732.102 of title 5, Code of Federal Regulations, or similar successor regulation), then the maximum term of imprisonment otherwise authorized under this section may be increased by one year. .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5240ih/xml/BILLS-113hr5240ih.xml
|
113-hr-5241
|
I 113th CONGRESS 2d Session H. R. 5241 IN THE HOUSE OF REPRESENTATIVES July 29, 2014 Mr. Connolly (for himself and Mr. Chabot ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To prohibit United States Government recognition of Russia’s annexation of Crimea.
1. Short title This Act may be cited as the Crimea Annexation Non-recognition Act . 2. Prohibition against United States recognition of Russia’s annexation of Crimea (a) Statement of policy The United States Government may not recognize the de jure or de facto sovereignty of the Russian Federation over Crimea, its airspace, or its territorial waters. (b) Prohibition In accordance with subsection (a), no Federal department or agency may take any action or extend any assistance that recognizes or implies recognition of the de jure or de facto sovereignty of the Russian Federation over Crimea, its airspace, or its territorial waters. (c) Waiver The President may waive subsection (a) or (b) if the President determines that it is vital to the national security interests of the United States to do so.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5241ih/xml/BILLS-113hr5241ih.xml
|
113-hr-5242
|
I 113th CONGRESS 2d Session H. R. 5242 IN THE HOUSE OF REPRESENTATIVES July 29, 2014 Mrs. Davis of California (for herself, Ms. DeLauro , and Ms. DelBene ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Richard B. Russell National School Lunch Act to establish a permanent, nationwide summer electronic benefits transfer for children program.
1. Short title This Act may be cited as the Stop Child Summer Hunger Act of 2014 . 2. Summer electronic benefits transfer for children program Section 13(a) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1761(a) ) is amended by adding at the end the following: (13) Summer electronic benefits transfer for children program (A) Definitions In this paragraph: (i) Eligible household The term eligible household means a household that includes 1 or more children who are eligible to receive free or reduced price lunches under this Act or free or reduced price breakfasts under the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ). (ii) Summer EBT card The term summer EBT card means an electronic benefit transfer card that is issued to an eligible household under this paragraph and limited to food purchases. (B) Program The Secretary shall establish a program under which the Secretary shall provide to eligible households summer EBT cards for the purpose of providing access to food for children during summer months— (i) to reduce or eliminate the food insecurity and hunger of children; and (ii) to improve the nutritional status of children. (C) Use An eligible household may use a summer EBT card only to purchase food from retail food stores that have been approved for participation in the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ), in accordance with section 7(b) of that Act ( 7 U.S.C. 2016(b) ). (D) Amount Each summer EBT card issued shall be in an amount of— (i) for calendar year 2016, $150 in food assistance per child per summer; and (ii) for each subsequent calendar year, the amount specified in clause (i) as adjusted to reflect changes in reimbursement rates for school meals under this Act between calendar year 2016 and the most recent calendar year. (E) Timing Summer EBT cards shall be issued at the end of the regular school year. (F) Funding (i) In general On October 1, 2015, and on each October 1 thereafter, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary such sums as are necessary to carry out this section, to remain available until expended. (ii) Receipt and acceptance The Secretary shall be entitled to receive, shall accept, and shall use to carry out this section the funds transferred under clause (i), without further appropriation. (G) Regulations (i) In general Not later than October 1, 2015, the Secretary shall issue regulations to carry out this paragraph. (ii) Requirements Regulations issued under this subparagraph shall require that— (I) children shall be eligible to participate and shall be enrolled into the program under this paragraph for a summer without further application if the children are enrolled to participate in the free or reduced price lunch program under this Act or the free or reduced price breakfast program under the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ) during the school year immediately preceding the summer; and (II) local educational agencies shall distribute to the families of all children enrolled in schools participating in programs authorized under this Act and the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ) and, to the maximum extent practicable, the families of all children enrolled in schools of the local educational agency information, as provided by the Secretary,— (aa) regarding the program authorized under this paragraph, including eligibility rules and how children in eligible households that are not automatically enrolled under subclause (I) may apply for program benefits; and (bb) to assist households receiving summer EBT cards in making healthy food choices and maximizing resources. (iii) Alternative timing (I) In general In issuing regulations under this subparagraph, the Secretary shall allow alternative plans for the timing of issuance of the summer electronic benefit cards under subparagraph (D) in any part of a State in which the school year does not include a typical summer break, on the condition that the Secretary determines that no alternative plan increases or decreases Federal costs. (II) Considerations In developing regulations under subclause (I), the Secretary shall consider the ability of a State effectively to issue benefits under an alternative schedule. . 3. Defer deduction of interest expense related to deferred income (a) In general Section 163 of the Internal Revenue Code of 1986 (relating to deductions for interest expense) is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following new subsection: (n) Deferral of deduction for interest expense related to deferred income (1) General rule The amount of foreign-related interest expense of any taxpayer allowed as a deduction under this chapter for any taxable year shall not exceed an amount equal to the applicable percentage of the sum of— (A) the taxpayer's foreign-related interest expense for the taxable year, plus (B) the taxpayer's deferred foreign-related interest expense. For purposes of this paragraph, the applicable percentage is the percentage equal to the current inclusion ratio. (2) Treatment of deferred deductions If, for any taxable year, the amount of the limitation determined under paragraph (1) exceeds the taxpayer's foreign-related interest expense for the taxable year, there shall be allowed as a deduction for the taxable year an amount equal to the lesser of— (A) such excess, or (B) the taxpayer's deferred foreign-related interest expense. (3) Definitions and special rule For purposes of this subsection— (A) Foreign-related interest expense The term foreign-related interest expense means, with respect to any taxpayer for any taxable year, the amount which bears the same ratio to the amount of interest expense for such taxable year allocated and apportioned under sections 861, 864(e), and 864(f) to income from sources outside the United States as— (i) the value of all stock held by the taxpayer in all section 902 corporations with respect to which the taxpayer meets the ownership requirements of subsection (a) or (b) of section 902, bears to (ii) the value of all assets of the taxpayer which generate gross income from sources outside the United States. (B) Deferred foreign-related interest expense The term deferred foreign-related interest expense means the excess, if any, of the aggregate foreign-related interest expense for all prior taxable years beginning after December 31, 2014, over the aggregate amount allowed as a deduction under paragraphs (1) and (2) for all such prior taxable years. (C) Value of assets Except as otherwise provided by the Secretary, for purposes of subparagraph (A)(ii), the value of any asset shall be the amount with respect to such asset determined for purposes of allocating and apportioning interest expense under sections 861, 864(e), and 864(f). (D) Current inclusion ratio The term current inclusion ratio means, with respect to any domestic corporation which meets the ownership requirements of subsection (a) or (b) of section 902 with respect to one or more section 902 corporations for any taxable year, the ratio (expressed as a percentage) of— (i) the sum of all dividends received by the domestic corporation from all such section 902 corporations during the taxable year plus amounts includible in gross income under section 951(a) from all such section 902 corporations, in each case computed without regard to section 78, divided by (ii) the aggregate amount of post-1986 undistributed earnings. (E) Aggregate amount of post-1986 undistributed earnings The term aggregate amount of post-1986 undistributed earnings means, with respect to any domestic corporation which meets the ownership requirements of subsection (a) or (b) of section 902 with respect to one or more section 902 corporations, the domestic corporation’s pro rata share of the post-1986 undistributed earnings (as defined in section 902(c)(1)) of all such section 902 corporations. (F) Foreign currency conversion For purposes of determining the current inclusion ratio, and except as otherwise provided by the Secretary, the aggregate amount of post-1986 undistributed earnings for the taxable year shall be determined by translating each section 902 corporation’s post-1986 undistributed earnings into dollars using the average exchange rate for such year. (G) Section 902 corporation The term section 902 corporation has the meaning given to such term by section 909(d)(5). (4) Treatment of affiliated groups The current inclusion ratio of each member of an affiliated group (as defined in section 864(e)(5)(A)) shall be determined as if all members of such group were a single corporation. (5) Application to separate categories of income This subsection shall be applied separately with respect to the categories of income specified in section 904(d)(1). (6) Regulations The Secretary may prescribe such regulations or other guidance as is necessary or appropriate to carry out the purposes of this subsection, including regulations or other guidance providing— (A) for the proper application of this subsection with respect to changes in ownership of a section 902 corporation, (B) that certain corporations that otherwise would not be members of the affiliated group will be treated as members of the affiliated group for purposes of this subsection, (C) for the proper application of this subsection with respect to the taxpayer’s share of a deficit in earnings and profits of a section 902 corporation, (D) for appropriate adjustments to the determination of the value of stock in any section 902 corporation for purposes of this subsection or to the foreign-related interest expense to account for income that is subject to tax under section 882(a)(1), and (E) for the proper application of this subsection with respect to interest expense that is directly allocable to income with respect to certain assets. . (b) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2014.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5242ih/xml/BILLS-113hr5242ih.xml
|
113-hr-5243
|
I 113th CONGRESS 2d Session H. R. 5243 IN THE HOUSE OF REPRESENTATIVES July 29, 2014 Mr. DeSantis (for himself and Mr. Franks of Arizona ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To eliminate the payroll tax for individuals who have attained retirement age, to amend title II of the Social Security Act to remove the limitation upon the amount of outside income which an individual may earn while receiving benefits under such title, and for other purposes.
1. Short title This Act may be cited as the Let Seniors Work Act of 2014 . 2. Elimination of payroll tax for individuals who have attained retirement age (a) In general Section 230 of the Social Security Act ( 42 U.S.C. 430 ) is amended— (1) in subsection (a), by striking subsection (b) or (c) and inserting subsection (b), (c), or (e) , (2) in subsection (b), by striking subsection (c) and inserting subsections (c) and (e) , and (3) by adding at the end the following new subsection: (e) Notwithstanding any other provision of law, the contribution and benefit base determined under this section for any calendar year after 2014 for any individual who has attained retirement age (as defined in section 216(l)(1)) shall be reduced to zero. . (b) Effective date The amendments made by this section shall apply to remuneration paid in any calendar year after 2014. 3. Repeal of provisions relating to deductions on account of work (a) In general Subsections (b), (c)(1), (d), (f), (h), (j), and (k) of section 203 of the Social Security Act (42 U.S.C. 403) are repealed. (b) Conforming amendments Section 203 of such Act (as amended by subsection (a)) is further amended— (1) in subsection (c), by redesignating such subsection as subsection (b), and— (A) by striking Noncovered Work Outside the United States or in the heading; (B) by redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively; (C) by striking For purposes of paragraphs (2), (3), and (4) and inserting For purposes of paragraphs (1), (2), and (3) ; and (D) by striking the last sentence; (2) in subsection (e), by redesignating such subsection as subsection (c), and by striking subsections (c) and (d) and inserting subsection (b) ; (3) in subsection (g), by redesignating such subsection as subsection (d), and by striking subsection (c) each place it appears and inserting subsection (b) ; and (4) in subsection (l), by redesignating such subsection as subsection (e), and by striking subsection (g) or (h)(1)(A) and inserting subsection (d) . 4. Additional conforming amendments (a) Provisions relating to benefits terminated upon deportation Section 202(n)(1) of the Social Security Act ( 42 U.S.C. 402(n)(1) ) is amended by striking Section 203 (b), (c), and (d) and inserting Section 203(b) . (b) Provisions relating to exemptions from reductions based on early retirement (1) Section 202(q)(5)(B) of such Act ( 42 U.S.C. 402(q)(5)(B) ) is amended by striking section 203(c)(2) and inserting section 203(b)(1) . (2) Section 202(q)(7)(A) of such Act ( 42 U.S.C. 402(q)(7)(A) ) is amended by striking deductions under section 203(b), 203(c)(1), 203(d)(1), or 222(b) and inserting deductions on account of work under section 203 or deductions under section 222(b) . (c) Provisions relating to exemptions from reductions based on disregard of certain entitlements to child’s insurance benefits (1) Section 202(s)(1) of such Act ( 42 U.S.C. 402(s)(1) ) is amended by striking paragraphs (2), (3), and (4) of section 203(c) and inserting paragraphs (1), (2), and (3) of section 203(b) . (2) Section 202(s)(3) of such Act ( 42 U.S.C. 402(s)(3) ) is amended by striking The last sentence of subsection (c) of section 203, subsection (f)(1)(C) of section 203, and subsections and inserting Subsections . (d) Provisions relating to suspension of aliens' benefits Section 202(t)(7) of such Act ( 42 U.S.C. 402(t)(7) ) is amended by striking Subsections (b), (c), and (d) and inserting Subsection (b) . (e) Provisions relating to reductions in benefits based on maximum benefits Section 203(a)(3)(B)(iii) of such Act ( 42 U.S.C. 403(a)(3)(B)(iii) ) is amended by striking and subsections (b), (c), and (d) and inserting and subsection (b) . (f) Provisions relating to penalties for misrepresentations concerning earnings for periods subject to deductions on account of work Section 208(a)(1)(C) of such Act ( 42 U.S.C. 408(a)(1)(C) ) is amended by striking under section 203(f) of this title for purposes of deductions from benefits and inserting under section 203 for purposes of deductions from benefits on account of work . (g) Provisions taking into account earnings in determining benefit computation years Clause (I) in the next to last sentence of section 215(b)(2)(A) of such Act (42 U.S.C. 415(b)(2)(A)) is amended by striking no earnings as described in section 203(f)(5) in such year and inserting no wages, and no net earnings from self-employment (in excess of net loss from self-employment), in such year . (h) Provisions relating to rounding of benefits Section 215(g) of such Act ( 42 U.S.C. 415(g) ) is amended by striking and any deduction under section 203(b) . (i) Provisions relating to earnings taken into account in determining substantial gainful activity of blind individuals The second sentence of section 223(d)(4)(A) of such Act ( 42 U.S.C. 423(d)(4)(A) ) is amended by striking if section 102 of the Senior Citizens Right to Work Act of 1996 had not been enacted and inserting the following: if the amendments to section 203 made by section 102 of the Senior Citizens Right to Work Act of 1996 and by the Social Security Earnings Test Repeal Act of 2014 had not been enacted . (j) Provisions defining income for purposes of SSI Section 1612(a) of such Act ( 42 U.S.C. 1382a(a) ) is amended— (1) by striking as determined under section 203(f)(5)(C) in paragraph (1)(A) and inserting as defined in the last two sentences of this subsection ; and (2) by adding at the end (after and below paragraph (2)(H)) the following: For purposes of paragraph (1)(A), the term wages means wages as defined in section 209, but computed without regard to the limitations as to amounts of remuneration specified in paragraphs (1), (6)(B), (6)(C), (7)(B), and (8) of section 209(a). In making the computation under the preceding sentence, (A) services which do not constitute employment as defined in section 210, performed within the United States by an individual as an employee or performed outside the United States in the active military or naval services of the United States, shall be deemed to be employment as so defined if the remuneration for such services is not includible in computing the individual's net earnings or net loss from self-employment for purposes of title II, and (B) the term wages shall be deemed not to include (i) the amount of any payment made to, or on behalf of, an employee or any of his or her dependents (including any amount paid by an employer for insurance or annuities, or into a fund, to provide for any such payment) on account of retirement, or (ii) any payment or series of payments by an employer to an employee or any of his or her dependents upon or after the termination of the employee’s employment relationship because of retirement after attaining an age specified in a plan referred to in section 209(a)(11)(B) or in a pension plan of the employer. . (k) Repeal of deductions on account of work under the Railroad Retirement Program (1) In general Section 2 of the Railroad Retirement Act of 1974 ( 45 U.S.C. 231a ) is amended— (A) by striking subsection (f); and (B) by striking subsection (g)(2) and by redesignating subsection (g)(1) as subsection (g). (2) Conforming amendments (A) Section 3(f)(1) of such Act ( 45 U.S.C. 231b(f)(1) ) is amended in the first sentence by striking before any reductions under the provisions of section 2(f) of this Act, . (B) Section 4(g)(2) of such Act ( 45 U.S.C. 231c(g)(2) ) is amended— (i) in clause (i), by striking shall, before any deductions under section 2(g) of this Act, and inserting shall ; and (ii) in clause (ii), by striking any deductions under section 2(g) of this Act and before . 5. Effective date The amendments and repeals made by sections 3 and 4 of this Act shall apply with respect to taxable years ending on or after the date of the enactment of this Act.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5243ih/xml/BILLS-113hr5243ih.xml
|
113-hr-5244
|
I 113th CONGRESS 2d Session H. R. 5244 IN THE HOUSE OF REPRESENTATIVES July 29, 2014 Ms. Esty (for herself, Ms. Slaughter , and Mr. Brady of Pennsylvania ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To establish the Council on Healthy Housing and for other purposes.
1. Short title This Act may be cited as the Healthy Housing Council Act of 2014 . 2. Findings Congress finds the following: (1) In the United States— (A) 5,757,000 households live in homes with moderate or severe physical hazards; (B) 23,000,000 homes have significant lead-based paint hazards; (C) 6,000,000 homes have had signs of mice in the last 3 months; and (D) 1 in 15 homes have dangerous levels of radon. (2) Residents of housing that is poorly designed, constructed, or maintained are at risk for cancer, carbon monoxide poisoning, burns, falls, rodent bites, childhood lead poisoning, asthma, and other illnesses and injuries. Vulnerable subpopulations, such as children and the elderly, are at elevated risk for housing-related illnesses and injuries. (3) Because substandard housing typically poses the greatest risks, the disparities in the distribution of housing-related health hazards are striking. One million two hundred thousand housing units with significant lead-based paint hazards house low-income families with children under 6 years of age. (4) Housing-related illnesses, including asthma and lead poisoning, disproportionately affect children from lower-income families and from specific racial and ethnic groups. The prevalence of being diagnosed with asthma in a lifetime is 24 percent among Puerto Rican children, 10.1 percent for Mexican-American children, 12.4 percent for non-Hispanic White children, and 21.8 percent for non-Hispanic Black children. Black children are twice as likely to die from residential injuries as White children, and 3 percent of Black children and 2 percent of Mexican-American children have elevated blood lead levels, as compared to only 1.3 percent of White children. (5) The annual costs for environmentally attributable childhood diseases in the United States, including lead poisoning, asthma, and cancer, total $76,000,000,000 in 2008 dollars. This amount is approximately 3.5 percent of total health care costs. (6) Appropriate housing design, construction, and maintenance, timely correction of deficiencies, planning efforts, and low-cost preventive measures can reduce the incidence of serious injury or death, improve the ability of residents to survive in the event of a major catastrophe, and contribute to overall well-being and mental health. Lead hazard control in homes with lead-based paint hazards can reduce children's blood lead levels by as much as 34 percent. Properly installed and maintained smoke alarms reduce the risk of fire deaths by 50 percent. (7) Providing healthy housing to families and individuals in the United States will help prevent an estimated 250,000 children from having elevated blood lead levels, 18,000 injury deaths, 12,000,000 nonfatal injuries, 3,000 deaths in house fires, 9,600 emergency department visits for carbon monoxide exposure, and 21,000 radon-associated lung cancer deaths that occur in United States housing each year, as well as 12,300,000 asthma attacks, and 14,000,000 missed school days. (8) While there are many programs in place to address housing-related health hazards, these programs are fragmented and spread across many agencies, making it difficult for at-risk families and individuals to access assistance or to receive comprehensive information. (9) Better coordination among Federal agencies is needed, as is better coordination at State and local levels, to ensure that families and individuals can access government programs and services in an effective and efficient manner. 3. Definitions In this Act, the following definitions shall apply: (1) Council The term Council means the Interagency Council on Healthy Housing established under section 4. (2) Healthy housing The term healthy housing means housing that is designed, constructed, rehabilitated, and maintained in a manner that supports the health of the occupants of such housing. (3) Housing The term housing means any form of residence, including rental housing, homeownership, group home, or supportive housing arrangement. (4) Housing-related health hazard The term housing-related health hazard means any biological, physical, or chemical source of exposure or condition either in, or immediately adjacent to, housing, that can adversely affect human health. (5) Low-income families and individuals The term low-income families and individuals means any household or individual with an income at or below 200 percent of the Federal poverty line. (6) Poverty line The term poverty line means the official poverty line defined by the Office of Management and Budget based on the most recent data available from the Bureau of the Census. (7) Program The term program includes any Federal, State, or local program providing housing or financial assistance, health care, mortgages, bond and tax financing, homebuyer support courses, financial education, mortgage insurance or loan guarantees, housing counseling, supportive services, energy assistance, or other assistance related to healthy housing. (8) Service The term service includes public and environmental health services, housing services, energy efficiency services, human services, and any other services needed to ensure that families and individuals in the United States have access to healthy housing. 4. Interagency council on healthy housing (a) Establishment There is established in the executive branch an independent council to be known as the Interagency Council on Healthy Housing. (b) Objectives The objectives of the Council are as follows: (1) To promote the supply of and demand for healthy housing in the United States through capacity building, technical assistance, education, and public policy. (2) To promote coordination and collaboration among the Federal departments and agencies involved with housing, public health, energy efficiency, emergency preparedness and response, and the environment to improve services for families and individuals residing in inadequate or unsafe housing and to make recommendations about needed changes in programs and services with an emphasis on— (A) maximizing the impact of existing programs and services by transitioning the focus of such programs and services from categorical approaches to comprehensive approaches that consider and address multiple housing-related health hazards; (B) reducing or eliminating areas of overlap and duplication in the provision and accessibility of such programs and services; (C) ensuring that resources, including assistance with capacity building, are targeted to and sufficient to meet the needs of high-risk communities, families, and individuals; and (D) facilitating access by families and individuals to programs and services that help reduce health hazards in housing. (3) To identify knowledge gaps, research needs, and policy and program deficiencies associated with inadequate housing conditions and housing-related illnesses and injuries. (4) To help identify best practices for achieving and sustaining healthy housing. (5) To help improve the quality of existing and newly constructed housing and related programs and services, including those programs and services which serve low-income families and individuals. (6) To establish an ongoing system of coordination among and within such agencies or organizations so that the healthy housing needs of families and individuals are met in a more effective and efficient manner. (c) Membership The Council shall be composed of the following members: (1) The Secretary of Health and Human Services. (2) The Secretary of Housing and Urban Development. (3) The Administrator of the Environmental Protection Agency. (4) The Secretary of Energy. (5) The Secretary of Labor. (6) The Secretary of Veterans Affairs. (7) The Secretary of the Treasury. (8) The Secretary of Agriculture. (9) The Secretary of Education. (10) The head of any other Federal agency as the Council considers appropriate. (11) Six additional non-Federal employee members, as appointed by the President to serve terms not to exceed 2 years, of whom— (A) 1 shall be a State or local Government Director of Health or the Environment; (B) 1 shall be a State or local Government Director of Housing or Community Development; (C) 2 shall represent nonprofit organizations involved in housing or health issues; and (D) 2 shall represent for-profit entities involved in the housing, banking, or health insurance industries. (d) Co-Chairpersons The co-Chairpersons of the Council shall be the Secretary of Housing and Urban Development and the Secretary of Health and Human Services. (e) Vice chair Every 2 years, the Council shall elect a Vice Chair from among its members. (f) Meetings The Council shall meet at the call of either co-Chairperson or a majority of its members at any time, and no less often than annually. 5. Functions of the council (a) Relevant activities In carrying out the objectives described in section 4(b), the Council shall— (1) review Federal programs and services that provide housing, health, energy, or environmental services to families and individuals; (2) monitor, evaluate, and recommend improvements in programs and services administered, funded, or financed by Federal, State, and local agencies to assist families and individuals in accessing healthy housing and make recommendations about how such agencies can better work to meet the healthy housing and related needs of low-income families and individuals; and (3) recommend ways to— (A) reduce duplication among programs and services by Federal agencies that assist families and individuals in meeting their healthy housing and related service needs; (B) ensure collaboration among and within agencies in the provision and availability of programs and services so that families and individuals are able to easily access needed programs and services; (C) work with States and local governments to better meet the needs of families and individuals for healthy housing by— (i) holding meetings with State and local representatives; and (ii) providing ongoing technical assistance and training to States and localities in better meeting the housing-related needs of such families and individuals; (D) identify best practices for programs and services that assist families and individuals in accessing healthy housing, including model— (i) programs linking housing, health, environmental, human, and energy services; (ii) housing and remodeling financing products offered by government, quasi-government, and private sector entities; (iii) housing and building codes and regulatory practices; (iv) existing and new consensus specifications and work practices documents; (v) capacity building and training programs that help increase and diversify the supply of practitioners who perform assessments of housing-related health hazards and interventions to address housing-related health hazards; and (vi) programs that increase community awareness of, and education on, housing-related health hazards and available assessments and interventions; (E) develop a comprehensive healthy housing research agenda that considers health, safety, environmental, and energy factors, to— (i) identify cost-effective assessments and treatment protocols for housing-related health hazards in existing housing; (ii) establish links between housing hazards and health outcomes; (iii) track housing-related health problems including injuries, illnesses, and death; (iv) track housing conditions that may be associated with health problems; (v) identify cost-effective protocols for construction of new healthy housing; and (vi) identify replicable and effective programs or strategies for addressing housing-related health hazards; (4) hold biannual meetings with stakeholders and other interested parties in a location convenient for such stakeholders, or hold open Council meetings, to receive input and ideas about how to best meet the healthy housing needs of families and individuals; (5) maintain an updated website of policies, meetings, best practices, programs, and services, making use of existing websites as appropriate, to keep people informed of the activities of the Council; and (6) work with member agencies to collect and maintain data on housing-related health hazards, illnesses, and injuries so that all data can be accessed in 1 place and to identify and address unmet data needs. (b) Reports (1) By members Each year the head of each agency who is a member of the Council shall prepare and transmit to the Council a report that briefly summarizes— (A) each healthy housing-related program and service administered by the agency and the number of families and individuals served by each program or service, the resources available in each program or service, and a breakdown of where each program and service can be accessed; (B) the barriers and impediments, including statutory or regulatory, to the access and use of such programs and services by families and individuals, with particular attention to the barriers and impediments experienced by low-income families and individuals; (C) the efforts made by the agency to increase opportunities for families and individuals, including low-income families and individuals, to reside in healthy housing, including how the agency is working with other agencies to better coordinate programs and services; and (D) any new data collected by the agency relating to the healthy housing needs of families and individuals. (2) By the council Each year, the Council shall prepare and transmit to the President and the Congress, a report that— (A) summarizes the reports required in paragraph (1); (B) utilizes recent data to assess the nature of housing-related health hazards, and associated illnesses and injuries, in the United States; (C) provides a comprehensive and detailed description of the programs and services of the Federal Government in meeting the needs and problems described in subparagraph (B); (D) describes the activities and accomplishments of the Council in working with Federal, State, and local governments, nonprofit organizations and for-profit entities in coordinating programs and services to meet the needs described in subparagraph (B) and the resources available to meet those needs; (E) assesses the level of Federal assistance required to meet the needs described in subparagraph (B); and (F) makes recommendations for appropriate legislative and administrative actions to meet the needs described in subparagraph (B) and for coordinating programs and services designed to meet those needs. 6. Powers of the council (a) Hearings The Council may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Council considers advisable to carry out the purposes of this Act. (b) Information from agencies Agencies which are represented on the Council shall provide all requested information and data to the Council as requested. (c) Postal services The Council may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (d) Contracts and interagency agreements The Council may enter into contracts with State, Tribal, and local governments, public agencies and private-sector entities, and into interagency agreements with Federal agencies. Such contracts and interagency agreements may be single-year or multi-year in duration. 7. Council personnel matters (a) Staff (1) Executive Director The Council shall appoint an Executive Director at its initial meeting. The Executive Director shall be compensated at a rate not to exceed the rate of basic pay payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. (2) Compensation With the approval of the Council, the Executive Director may appoint and fix the compensation of such additional personnel as the Executive Director considers necessary to carry out the duties of the Council, except that the rate of pay for any such additional personnel may not exceed the rate of basic pay payable for level V of the Executive Schedule under section 5316 of such title. (b) Temporary and intermittent services In carrying out its objectives, the Executive Director with the approval of the Council, may procure temporary and intermittent services of consultants and experts under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay payable for level V of the Executive Schedule under section 5316 of such title. (c) Detail of Government employees Upon request of the Council, any Federal Government employee may be detailed to the Council with reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (d) Administrative support The Secretary of Housing and Urban Development shall provide the Council with such administrative (including office space) and support services as are necessary to ensure that the Council can carry out its functions in an efficient and expeditious manner. 8. GAO report on effectiveness of Federal health care programs for children at risk of lead poisoning Not later than the expiration of the 12-month period beginning on the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Congress a report analyzing the same issues as, and updating the findings and conclusions of, the report of the Comptroller General to the Ranking Minority Member, Committee on Government Reform, House of Representatives of January 1999 entitled Lead Poisoning: Federal Health Care Programs Are Not Effectively Reaching At-Risk Children (GAO/HEHS–99–18). 9. Authorization of appropriations (a) In general There are authorized to be appropriated to carry out this Act, $750,000 for each of fiscal years 2015 through 2019. (b) Availability Amounts authorized to be appropriated by subsection (a) shall remain available for the 2 fiscal years following such appropriation.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5244ih/xml/BILLS-113hr5244ih.xml
|
113-hr-5245
|
I 113th CONGRESS 2d Session H. R. 5245 IN THE HOUSE OF REPRESENTATIVES July 29, 2014 Mr. Jones 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 314 Lennon Drive in Wilmington, North Carolina, as the Meadowlark Lemon Post Office .
1. Meadowlark Lemon Post Office (a) Designation The facility of the United States Postal Service located at 314 Lennon Drive in Wilmington, North Carolina, shall be known and designated as the Meadowlark Lemon 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 Meadowlark Lemon Post Office .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5245ih/xml/BILLS-113hr5245ih.xml
|
113-hr-5246
|
I 113th CONGRESS 2d Session H. R. 5246 IN THE HOUSE OF REPRESENTATIVES July 29, 2014 Mr. Jordan introduced the following bill; which was referred to the Committee on the Judiciary A BILL To require the United States attorney to bring the matter of an individual’s contempt of Congress before a grand jury not later than 30 days after receiving a certification from the Speaker of the House of Representatives or the President of the Senate that the individual is in contempt.
1. Deadline for United States attorney to bring contempt of Congress action before a grand jury (a) 30-Day Deadline Section 104 of the Revised Statutes ( 2 U.S.C. 194 ) is amended by striking for its action. and inserting for its action not later than 30 days after receiving the certification of the statement of facts. . (b) Effective Date The amendment made by subsection (a) shall apply with respect to statements of facts which are certified to a United States attorney under section 104 of the Revised Statutes on or after the date of the enactment of this Act.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5246ih/xml/BILLS-113hr5246ih.xml
|
113-hr-5247
|
I 113th CONGRESS 2d Session H. R. 5247 IN THE HOUSE OF REPRESENTATIVES July 29, 2014 Mr. Kind introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Tariff Act of 1930 to eliminate the consumptive demand exception to prohibition on importation of goods made with convict labor, forced labor, or indentured labor, and for other purposes.
1. Elimination of consumptive demand exception to prohibition on importation of goods made with convict labor, forced labor, or indentured labor; report (a) Elimination of consumptive demand exception (1) In general Section 307 of the Tariff Act of 1930 ( 19 U.S.C. 1307 ) is amended by striking The provisions of this section and all that follows through of the United States. . (2) Effective date The amendment made by paragraph (1) shall take effect on the date that is 15 days after the date of the enactment of this Act. (b) Report required Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Commissioner of U.S. Customs and Border Protection shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report on compliance with section 307 of the Tariff Act of 1930 ( 19 U.S.C. 1307 ) that includes the following: (1) The number of instances in which merchandise was denied entry pursuant to that section during the 1-year period preceding the submission of the report. (2) A description of the merchandise denied entry pursuant to that section. (3) Such other information as the Commissioner considers appropriate with respect to monitoring and enforcing compliance with that section.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5247ih/xml/BILLS-113hr5247ih.xml
|
113-hr-5248
|
I 113th CONGRESS 2d Session H. R. 5248 IN THE HOUSE OF REPRESENTATIVES July 29, 2014 Ms. Lee of California (for herself, Mr. Engel , Mrs. Carolyn B. Maloney of New York , and Ms. Slaughter ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To provide for United States participation in the Inter-Parliamentary Union, and for other purposes.
1. United States participation in the Inter-Parliamentary Union (a) Findings Congress finds the following: (1) The Inter-Parliamentary Union (IPU), founded in 1889, is the world organization of national parliaments comprising over 160 parliaments (including all the major allies of the United States) and working closely with the regional parliamentary organizations on all continents. (2) The core mission of the IPU is the promotion of parliamentary democracy, the elaboration of standards and criteria for democratic parliamentary practice, the protection of human rights, the political empowerment of women, and greater transparency and accountability at the global level, which are in line with United States interests and priorities. (3) Congress was a founding member of the IPU, and played an active and prominent role for many decades. (4) The main concerns of Congress, including the scheduling of main Assembly and arrears, have been fully addressed by the IPU. (5) Through the activities of the IPU, the United States can usefully promote its core values of freedom, democracy, and human rights, and help build stronger parliaments around the world. (b) United States participation in the Inter-Parliamentary Union Notwithstanding section 2503 of the Foreign Affairs Reform and Restructuring Act of 1998 (division G of Public Law 105–277 )— (1) the Secretary of State is authorized—— (A) to facilitate the readmission and participation of the United States in the Inter-Parliamentary Union; and (B) to pay expenses to meet the annual obligations of membership in the Inter-Parliamentary Union, in accordance with the assessments determined by the Governing Council; and (2) the majority leader of the Senate, in consultation with the minority leader of the Senate, and the Speaker of the House of Representatives, in consultation with the minority leader of the House of Representatives, are authorized to designate Members of Congress to serve as delegates to the Assembly of the Inter-Parliamentary Union.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5248ih/xml/BILLS-113hr5248ih.xml
|
113-hr-5249
|
I 113th CONGRESS 2d Session H. R. 5249 IN THE HOUSE OF REPRESENTATIVES July 29, 2014 Mr. Moran (for himself, Mr. Kinzinger of Illinois , Ms. DeLauro , Ms. Kaptur , Mr. Larson of Connecticut , and Ms. Esty ) introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committees on Oversight and Government Reform 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 re-impose sanctions on Russian arms exporter Rosoboronexport, and for other purposes.
1. Short title This Act may be cited as Rosoboronexport Embargo Act of 2014 . 2. Prohibition on direct or indirect use of funds to enter into contracts or agreements with Rosoboronexport (a) Prohibition The head of an executive agency may not enter into a contract, memorandum of understanding, or cooperative agreement with, or make a grant to, or provide a loan or loan agreement to Rosoboronexport or any subsidiary of Rosoboronexport related to the design, manufacture, or sale of military equipment. (b) Waiver The President may waive the applicability of subsection (a) if the President, in consultation with the Secretary of Defense, the Secretary of State, the Secretary of Commerce and the Director of National Intelligence, certifies in writing to the appropriate congressional committees that— (1) to the best of the President's knowledge— (A) Rosoboronexport has ceased the transfer of lethal military equipment to, and the maintenance of existing lethal military equipment for, the Government of the Syrian Arab Republic; (B) the armed forces of the Russian Federation have withdrawn from Crimea (other than military forces present on military bases subject to agreements in force between the Government of the Russian Federation and the Government of Ukraine); and (C) agents of the Russian Federation are not taking active measures to destabilize the control of the Government of Ukraine over eastern Ukraine (including through active support of efforts to unlawfully occupy facilities of the Government of Ukraine); or (2) the waiver is in the national security interests of the United States. (c) Reprogramming authority (1) In general The President may reprogram funds appropriated or otherwise made available for Economic Support Fund assistance or security assistance for the government of a country that, on or after the date of the enactment of this Act, enters into a contract, memorandum of understanding, or cooperative agreement with, or makes a grant to, or provides a loan or loan agreement to Rosoboronexport, or any subsidiary of Rosoboronexport, in an amount up to or equal to the total amount of each such contract, memorandum of understanding, cooperative agreement, loan, or loan agreement. (2) Notification The President shall notify Congress not later than 15 days before reprogramming funds under paragraph (1). (d) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and (B) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives. (2) Executive agency The term executive agency has the meaning given the term in section 133 of title 41, United States Code. 3. Prohibition on assisting Rosoboronexport through the provision of financing (a) Prohibited activity defined For purposes of this section, the term prohibited activity means the act of knowingly, materially, and directly contributing or attempting to contribute, through the provision of financing, to the transfer or retransfer of goods or technology to Rosoboronexport or any subsidiary of Rosoboronexport. (b) Prohibition No United States person may engage in any prohibited activity to the extent that the United States has jurisdiction to prohibit such activity by such United States person. (c) Presidential determination and order with respect to united states and foreign persons If the President determines that a United States person has engaged in a prohibited activity (without regard to whether subsection (b) applies), the President shall, by order, impose the sanctions described in subsection (d) on such person. (d) Sanctions The following sanctions shall be imposed pursuant to any order issued under subsection (c) with respect to any United States person: (1) Ban on dealings in government finance (A) Designation as primary dealer Neither the Board of Governors of the Federal Reserve System nor the Federal Reserve Bank of New York may designate, or permit the continuation of any prior designation of, the person as a primary dealer in United States Government debt instruments. (B) Service as depositary The person may not serve as a depositary for United States Government funds. (2) Restrictions on operations The person may not, directly or indirectly— (A) commence any line of business in the United States in which the person was not engaged as of the date of the order; or (B) conduct business from any location in the United States at which the person did not conduct business as of the date of the order. (e) Termination of the sanctions Any sanction imposed on any person pursuant to an order issued under subsection (c) shall— (1) remain in effect for a period of not less than 12 months; and (2) cease to apply after the end of such 12-month period only if the President determines, and certifies in writing to the Congress, that— (A) the person has ceased to engage in any prohibited activity; and (B) the President has received reliable assurances from such person that the person will not, in the future, engage in any prohibited activity. (f) Waiver The President may waive the application of any sanction imposed on any person pursuant to an order issued under subsection (c) if the President determines, and certifies in writing to the Congress, that the continued imposition of the sanction would have a serious adverse effect on the safety and soundness of the domestic or international financial system or on domestic or international payments systems. (g) Enforcement action The Attorney General may bring an action in an appropriate district court of the United States for injunctive and other appropriate relief with respect to— (1) any violation of subsection (b); or (2) any order issued pursuant to subsection (c). (h) Knowingly defined (1) In general For purposes of this section, the term knowingly means the state of mind of a person with respect to conduct, a circumstance, or a result in which— (A) such person is aware that such person is engaging in such conduct, that such circumstance exists, or that such result is substantially certain to occur; or (B) such person has a firm belief that such circumstance exists or that such result is substantially certain to occur. (2) Knowledge of the existence of a particular circumstance If knowledge of the existence of a particular circumstance is required for an offense, such knowledge is established if a person is aware of a high probability of the existence of such circumstance, unless the person actually believes that such circumstance does not exist. (i) Scope of application This section shall apply with respect to prohibited activities that occur on or after the date of the enactment of this Act. 4. Sanctions against United States persons that transfers or retransfers goods or technology, or enters into contracts, or engages in trade, with Rosoboronexport (a) In general If any United States person transfers or retransfers goods or technology, or enters into contracts, or engages in trade, with Rosoboronexport, or any subsidiary of Rosoboronexport, then the sanctions described in subsection (b) shall be imposed. (b) Mandatory sanctions The sanctions to be imposed pursuant to subsection (a) are as follows: (1) Procurement sanction For a period of two years, the United States Government shall not procure, or enter into any contract for the procurement of, any goods or services from the sanctioned person. (2) Export sanction For a period of two years, the United States Government shall not issue any license for any export by or to the sanctioned person. 5. Report on Rosoboronexport activities (a) Report required Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State and the Director of National Intelligence, shall submit to the appropriate congressional committees a report setting forth the following: (1) A list of the known transfers of lethal military equipment by Rosoboronexport to the Donetsk People’s Republic or other separatist groups in Ukraine. (2) A list of the known transfers of lethal military equipment by Rosoboronexport to the Government of the Syrian Arab Republic since March 15, 2011. (3) A list of the known contracts, if any, that Rosoboronexport has signed with the Government of the Syrian Arab Republic since March 15, 2011. (4) A detailed list of all existing contracts, memorandums of understanding, cooperative agreements, grants, loans, and loan guarantees between the Department of Defense and Rosoboronexport, including a description of the transaction, signing dates, values, and quantities. (b) Form The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. (c) Appropriate congressional committees In this section, the term appropriate congressional committees means— (1) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and (2) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives. 6. United States person defined In this Act, the term United States person means— (1) a natural person who is a citizen of the United States or who owes permanent allegiance to the United States; and (2) a corporation or other legal entity which is organized under the laws of the United States, any State or territory thereof, or the District of Columbia, if natural persons described in paragraph (1) own, directly or indirectly, more than 50 percent of the outstanding capital stock or other beneficial interest in such legal entity.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5249ih/xml/BILLS-113hr5249ih.xml
|
113-hr-5250
|
I 113th CONGRESS 2d Session H. R. 5250 IN THE HOUSE OF REPRESENTATIVES July 29, 2014 Ms. Norton introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To use Federal purchasing power to create good jobs, rebuild the middle class, address income inequality, stimulate the economy, and to achieve other purposes.
1. Short title This Act may be cited as the Restore Opportunity, Strengthen, and Improve the Economy Act . 2. Findings and purposes (a) Findings The Congress of the United States finds the following: (1) The disappearance of good jobs, the shrinking of the middle class, and growing income inequality are the greatest domestic challenges confronting the Nation. (2) The United States Government is the largest purchaser of goods and services in the Nation’s private-sector economy, spending over $1.5 trillion dollars annually at firms that employ a quarter of American workers. (3) (A) Federal purchasing power is currently creating millions of poverty-level jobs, subsidizing labor law-breakers, and funding ballooning executive compensation. (B) The Federal Government is the Nation’s leading creator of low-wage jobs in the private sector, funding more than 2,000,000 jobs paying under $12 per hour. (C) The Federal Government awards taxpayer dollars to a substantial number of firms that violate Federal labor, employment, and occupational safety laws. (D) Federal Government purchasing subsidizes the excessive salaries of private-sector executives who do business with the American people. (4) When Federal purchasing power is used in such a manner, workers have less to spend on the necessities of life and are forced to rely on public assistance. Lack of working purchasing power hurts job creation and undermines economic growth, ultimately imposing significant costs on American taxpayers. (5) (A) Federal purchasing power should be used to create good jobs, rebuild the middle class, and curb rising income inequality. (B) Federal purchasing power should be used to create good jobs for America. Good jobs allow workers and their families to live in dignity without relying on public assistance or private charity. Good jobs pay enough to provide for subsistence, health care, education, housing, and savings, as well as enough disposable income to allow workers to enjoy quality time off with their loved ones. (C) Federal purchasing power should be used to rebuild the middle class. A strong middle class stimulates the economy by increasing consumer spending and job growth. (D) Federal purchasing power should be used to narrow the growing gulf between the richest one percent of the population and ordinary working families that is threatening the survival of participatory democracy. (b) Purposes The purposes of this Act are the following: (1) To use Federal purchasing power to incentivize private-sector firms. (2) To create good jobs for America’s workers. (3) To rebuild America’s middle class. (4) To address America’s crisis of income inequality. (5) To invigorate the economy by increasing the purchasing power of working Americans. 3. Good jobs model employer standards For purposes of this Act, a Good Jobs Model Employer is one which meets the following standards: (1) Respects employees’ rights to bargain collectively with their employers without being forced to take strike action to win better wages and working conditions. (2) Offers to each employee living wages, decent benefits including health care, paid leave for sickness and caregiving, and fair work schedules that are predictable and stable. (3) Affirmatively demonstrates an exemplary standard of compliance with workplace protection laws, including laws governing labor relations, wages and hours, and health and safety, as well as other applicable labor laws. (4) Limits executive compensation to 50 times the median salary paid to the company’s workers. (5) Employs a workforce not less than 35 percent of which reside within one or more Historically Underutilized Business Zones. (6) Subcontracts only with other Good Jobs Model Employers. 4. Application to Federal contracts and assistance (a) Eligibility for award of procurement contracts In the award of a contract for the acquisition of supplies or services, an executive agency may not award the contract to a source that is not a Good Jobs Model Employer, unless there is no offer from a source that is a Good Jobs Model Employer. (b) Eligibility for award of financial and nonfinancial assistance An executive agency may not provide other forms of financial or nonfinancial assistance to entities that are not model employers when there is a similarly situated Good Jobs Model Employer that could receive the assistance, unless doing so would substantially undermine the value of the assistance to the public good. (c) Incorporation into future Federal contracts and assistance agreements Beginning on January 1, 2015, executive agencies shall incorporate into each new contract, contract-like instrument, or assistance agreement a clause requiring the contractor or recipient to conduct itself as a Good Jobs Model Employer for the duration of the contract. (d) Exclusions None of the provisions of this section shall be interpreted to apply to— (1) direct Federal statutory entitlements; (2) mandatory awards; (3) direct awards to foreign governments or public international organizations; (4) benefits to an individual as a personal entitlement; or (5) Federal employment. 5. Implementation (a) Good jobs model employer standards The Secretary of Labor shall promulgate regulations implementing the Good Jobs Model Employer Standards of section 3(a) so as to effect the policy and purposes of this Act within 180 days after the date of enactment of this Act. The Secretary of Labor shall amend these regulations as necessary so that they continue to effect the policy and purposes of this Act. (b) Procurement policy The Administrator of General Services, the Secretary of Defense, and the Administrator of the National Aeronautics and Space Administration, in coordination with the Office of Federal Procurement Policy, shall amend the Federal Acquisition Regulation within 180 days after the date of enactment of this Act to effect the policy and purposes of this Act, and subsequently as necessary to continue to effect the policy and purposes of this Act. (c) Debarment or suspension (1) An organization which acquires any form of financial or nonfinancial benefit or a contract from an executive agency through the operation of the procedure described in section 4 shall be placed on the Excluded Parties List enacted by Executive Orders 12549 and 12689 for a period of at least 2 years if it fails to remain a model employer for the duration of the benefit. (2) An organization which violates a Good Job Model Employer clause in a contract or agreement required by section 4(c) shall be placed on the Excluded Parties List enacted by Executive Orders 12549 and 12689 for a period of 3 years. (3) Parties which are suspended multiple times may be debarred permanently. 6. Severability If any provision of this Act, or applying such provision to any person or circumstance, is held to be invalid, the remainder of this Act and the application of the provisions of such to any person or circumstance shall not be affected thereby.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5250ih/xml/BILLS-113hr5250ih.xml
|
113-hr-5251
|
I 113th CONGRESS 2d Session H. R. 5251 IN THE HOUSE OF REPRESENTATIVES July 29, 2014 Mr. Owens 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 exempt foreign pensions from dispositions of investment in United States real property.
1. Short title This Act may be cited as the Incentivizing Foreign Investment to Upgrade America’s Infrastructure Act of 2014 . 2. Exemption of foreign pensions from dispositions of investment in United States real property (a) In general Section 897 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (k) Special rule for foreign pensions (1) In general Subsection (a) shall not apply in the case of a qualified foreign pension fund. (2) Qualified foreign pension fund For purposes of this subsection, the term qualified foreign pension fund means any trust, corporation, or other organization or arrangement— (A) which is created or organized outside of the United States, (B) which is established to provide retirement or pension benefits to participants or beneficiaries that are current or former employees (or persons designated by such employees) of one or more employers in consideration for services rendered, (C) which does not have a single participant or beneficiary with a right to more than 5 percent of its assets, (D) which is subject to government regulation and provides annual information reporting about its beneficiaries to the relevant tax authorities in the country in which it is established or operates, and (E) with respect to which, under the laws of the country in which it is established or operates— (i) contributions to such trust, corporation, organization, or arrangement which would otherwise be subject to tax under such laws are deductible or excluded from the gross income of such entity or taxed at a reduced rate, or (ii) taxation of any investment income of such trust, corporation, organization, or arrangement is deferred or such income is taxed at a reduced rate. (3) Regulations The Secretary may prescribe such regulations as are necessary to carry out the purposes of this subsection. . (b) Withholding Paragraph (3) of section 1445(f) of such Code is amended by adding at the end the following: Such term shall not include a qualified foreign pension fund (as defined in section 897(k)). . (c) Effective date The amendments made by this section shall apply to dispositions of United States real property interests more than 90 days after the date of the enactment of this Act.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5251ih/xml/BILLS-113hr5251ih.xml
|
113-hr-5252
|
I 113th CONGRESS 2d Session H. R. 5252 IN THE HOUSE OF REPRESENTATIVES July 29, 2014 Mr. Sensenbrenner (for himself, Mr. Bachus , Mr. Terry , Mr. Cohen , and Mr. Johnson of Georgia ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To ensure that methods of collecting taxes and fees by private citizens on behalf of States are fair and effective and do not discriminate against interstate commerce.
1. Short title This Act may be cited as the Tax and Fee Collection Fairness Act of 2014 . 2. Findings Congress finds the following: (1) States may designate in-State or out-of-State persons or other entities as collection agents for the State with a duty to collect certain taxes and fees from residents of the State. (2) States have the sovereign right to tax their citizens, subject to the Constitution and the law. States do not have the right to tax interstate commerce or to impose taxes or other duties on citizens of other States without limitation. (3) Collection agents for a State may feasibly collect fees and taxes from customers in connection with financial transactions to which the agent and customer are parties. In such cases, the agent has transactional nexus with the customer. (4) Congress can help ensure against unreasonable burdens on interstate commerce by making transactional nexus a condition of imposing a duty on a person to serve as a collection agent for the State and making such person strictly liable for any failure to collect. 3. Transactional nexus requirement No State may require any person to collect from, or remit on behalf of, any other person any State or local fee, tax, or surcharge imposed on a purchaser or user with respect to the purchase or use of any product or service within a State, unless there is transactional nexus between the person from whom the State seeks to require such collection or remittance and the purchaser or user of such product or service. Transactional nexus means that there is a direct monetary transaction between the person required to collect or remit the fee, tax, or surcharge and the purchaser or user upon whom the fee, tax, or surcharge is imposed. The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States. 4. Enforcement Notwithstanding any provision of section 1341 of title 28, United States Code, or the constitution or laws of any State, the district courts of the United States shall have jurisdiction, without regard to amount in controversy or citizenship of the parties, to grant such mandatory or prohibitive injunctive relief, interim equitable relief, and declaratory judgments as may be necessary to prevent, restrain, or terminate any acts in violation of this Act.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5252ih/xml/BILLS-113hr5252ih.xml
|
113-hr-5253
|
I 113th CONGRESS 2d Session H. R. 5253 IN THE HOUSE OF REPRESENTATIVES July 29, 2014 Mr. Sensenbrenner (for himself, Mr. Turner , Mr. Cole , Mr. McClintock , Mr. Rooney , Mrs. Black , Mr. Collins of Georgia , Mrs. Miller of Michigan , Mr. Gibbs , Mr. Coble , and Mr. Womack ) 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 States before awarding grants or contracts for housing facilities for unaccompanied alien children.
1. Short title This Act may be cited as the UAC State Authority 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 provides for housing of unaccompanied alien children, the Secretary shall— (1) consult with State elected officials and agencies regarding the location of the facility as well as the duration of the award and the safety, security, and funding of the facility; (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; and (3) provide for a 10-day period, beginning after the conclusion of the 90-day notification period described in paragraph (2), during which the governor of the State in which the facility would be located may submit to the Secretary an objection to the contract, which, if timely submitted, shall preclude the Secretary from awarding the grant or contract. .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5253ih/xml/BILLS-113hr5253ih.xml
|
113-hr-5254
|
I 113th CONGRESS 2d Session H. R. 5254 IN THE HOUSE OF REPRESENTATIVES July 29, 2014 Ms. Sinema (for herself and Mr. Benishek ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To appropriately limit the authority to award bonuses to employees.
1. Short title This Act may be cited as the Stop Wasteful Bonuses in Department of Veterans Affairs Act of 2014 or the VA Bonus Accountability Act . 2. Bonuses (a) Adverse findings and employees under investigation Chapter 45 of title 5, United States Code, is amended by adding at the end the following: IV Limitations on Bonus Authority 4531. Certain forms of misconduct (a) Definitions In this section— (1) the term adverse finding relating to an employee means a determination that the conduct of the employee— (A) violated a policy of the agency for which the employee may be removed or suspended; or (B) violated a law for which the employee may be imprisoned of more than 1 year; (2) the term agency has the meaning given that term under section 551; and (3) the term bonus means any bonus or cash award, including— (A) an award under this chapter; (B) an award under section 5384; and (C) a retention bonus under section 5754. (b) Adverse findings (1) In general The head of an agency shall not award a bonus to an employee of the agency until 5 years after the end of the fiscal year in which the Inspector General or another senior ethics official of the agency or the Comptroller General of the United States makes an adverse finding relating to the employee. (2) Previously awarded bonuses If the Inspector General or another senior ethics official of the agency or the Comptroller General of the United States makes an adverse finding relating to an employee, the head of the agency employing the employee, after notice and an opportunity for a hearing, shall issue an order directing the employee to repay the amount of any bonus awarded to the employee during the year during which the adverse finding is made. . (b) Technical and conforming amendment The table of sections for chapter 45 of title 5, United States Code, is amended by adding at the end the following: Subchapter IV—Limitations on Bonus Authority 4531. Certain forms of misconduct. .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5254ih/xml/BILLS-113hr5254ih.xml
|
113-hr-5255
|
I 113th CONGRESS 2d Session H. R. 5255 IN THE HOUSE OF REPRESENTATIVES July 30, 2014 Ms. Eshoo (for herself, Mr. Connolly , Mr. Hanna , Mr. Swalwell of California , and Ms. DelBene ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To enhance the procurement of information technology by establishing a United States Digital Government Office and United States Chief Information Officer, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Reforming Federal Procurement of Information Technology Act or RFP–IT Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Increase in simplified acquisition threshold for information technology projects. Sec. 3. Permanent authority for use of simplified acquisition procedures for certain commercial items. Sec. 4. Presidential Innovation Fellows Program. Sec. 5. Redesignation of Office and Administrator of Electronic Government as United States Digital Government Office and United States Chief Information Officer. Sec. 6. Digital Service Pilot Program. Sec. 7. Analysis and report on streamlining and strengthening IT Schedule 70. Sec. 8. Report by Government Accountability Office on information technology acquisition by the Federal Government. Sec. 9. Improving the quality of information technology solicitations. Sec. 10. FAR Council membership for Administrator of Small Business Administration. 2. Increase in simplified acquisition threshold for information technology projects (a) Increase Section 134 of title 41, United States Code, is amended by striking means $100,000. and inserting the following: means— (1) $100,000; or (2) in the case of a contract for the purchase of information technology (as such term is defined in section 11101 of title 40) services from a small business concern (as such term is defined in section 3(a) of the Small Business Act (15 U.S.C. 632(a)), $500,000. . (b) Construction Nothing in the amendment made by subsection (a) shall be construed as affecting adjustments made by, or the authority of, the Federal Acquisition Regulatory Council under section 1908 of title 41, United States Code (relating to inflation adjustment of acquisition-related dollar thresholds). 3. Permanent authority for use of simplified acquisition procedures for certain commercial items Section 4202 of the Clinger-Cohen Act of 1996 (division D of Public Law 104–106 ; 10 U.S.C. 2304 note) is amended by striking subsection (e). 4. Presidential Innovation Fellows Program (a) Establishment There is established within the General Services Administration a program to be known as the Presidential Innovation Fellows Program (in this section referred to as the Program ). (b) Purpose The purpose of the Program is to bridge the gap between the private sector and the public sector by bringing non-Government innovators into the Government to work collaboratively for a period of time with Government innovators in order to rapidly solve challenges of national importance. (c) Administration The Administrator of General Services shall administer the Program. (d) Fellows (1) Selection of Fellows The Administrator of General Services shall select Presidential Innovation Fellows for participation in the Program. (2) Length of Fellowships Each fellowship in the Program shall last 6 to 13 months, at the discretion of the Administrator of General Services. (3) Qualifications In order to participate in the Program, a candidate for fellow shall be a citizen of the United States and able to fulfill the duties of the role for which the candidate applies. 5. Redesignation of Office and Administrator of Electronic Government as United States Digital Government Office and United States Chief Information Officer (a) Redesignation of Office as United States Digital Government Office Section 3602(a) of title 44, United States Code, is amended by striking Office of Electronic Government and inserting an office to be known as the United States Digital Government Office or United States DGO . (b) Redesignation of head of Office as United States Chief Information Officer Section 3602(b) of such title is amended to read as follows: (b) There shall be at the head of the office an officer who shall be known as the United States Chief Information Officer (referred to in this section as the United States CIO ), appointed by the President by and with the advice and consent of the Senate. The Director shall delegate to the United States CIO the authority to administer all functions set forth in this section or any other applicable law, except that any such delegation shall not relieve the Director of responsibility for the administration of such functions. The United States CIO shall serve as principal adviser to the Director on Federal information technology policy. . (c) Conforming amendments Section 3602 of such title is further amended— (1) in subsection (c), by striking Administrator and inserting United States CIO ; (2) in subsections (d), (e), and (f), by striking Administrator the first place it appears and inserting United States CIO ; and (3) in subsections (f)(16) and (g), by striking Office of Electronic Government and inserting United States Digital Government Office . (d) References As of the date of the enactment of this Act, any reference in law or regulation to the Office of Electronic Government and the Administrator of the Office of Electronic Government shall be deemed to refer to the United States Digital Government Office and the United States Chief Information Officer, respectively. 6. Digital Service Pilot Program (a) Establishment There is established within the United States Digital Government Office a pilot program to be known as the Digital Service Pilot Program (in this section referred to as the Pilot Program ). (b) Purpose The purpose of the Pilot Program is to provide digital service experts to support executive agencies on high-priority Federal information technology projects. The Pilot Program shall be carried out in accordance with this section and may include the initiative in the Office of Management and Budget to provide such digital service experts. (c) Head of digital service pilot program The United States Chief Information Officer shall administer the Pilot Program. (d) Projects (1) Minimum number During the three-year period beginning on the date of the enactment of this Act, the Pilot Program shall initiate and complete no fewer than five high-priority Federal information technology projects in partnership with executive agencies. (2) Specific agency projects Of the projects required under this subsection, at least one project shall be initiated in each of the following entities: (A) The Office of Management and Budget. (B) The General Services Administration. (C) The Department of Homeland Security. (D) The Department of Veterans Affairs. (E) The Small Business Administration. (e) Definition In this section, the term executive agency has the meaning provided that term by section 105 of title 5, United States Code. 7. Analysis and report on streamlining and strengthening IT Schedule 70 (a) Analysis requirement The Administrator of General Services shall conduct an in-depth analysis of IT Schedule 70. The analysis shall cover, at a minimum, the following: (1) Methods to enhance the administration of IT Schedule 70. (2) Identification of the most onerous or burdensome requirements related to using IT Schedule 70. (3) Methods to lower barriers to entry to using IT Schedule 70, to ensure that innovative information technology firms are not discouraged by superfluous or unnecessary barriers. (4) Ways to ensure that the Federal Government has direct access to the Nation’s most innovative technology firms, which includes attracting companies that operate solely in the commercial marketplace. (b) Report requirement The Administrator shall submit to Congress a report on the analysis conducted under subsection (a), not later than 365 days after the date of the enactment of this Act. The report shall include the results of the analysis and specific recommendations on potential administrative and statutory modifications that would eliminate or fix any problems identified in the report. (c) IT Schedule 70 defined In this section, the term IT Schedule 70 means the multiple award supply schedule of the General Services Administration for the procurement of information technology. 8. Report by Government Accountability Office on information technology acquisition by the Federal Government (a) Report requirement The Comptroller General of the United States shall submit to Congress one or more reports on the following: (1) The effectiveness of the 18F program of the General Services Administration. (2) IT Schedule 70 (as defined in section 7), including the manner in which the Schedule does or does not enable agencies to have access to effective, up-to-date technology at competitive prices from the best technology firms. (3) Challenges and barriers to entry for small business technology firms, including the reasons why certain small business technology firms that are successful in the private sector decide not to enter the Federal marketplace. (b) Deadline The Comptroller General shall submit a report or reports under subsection (a) not later than 2 years after the date of the enactment of this Act. 9. Improving the quality of information technology solicitations (a) Enhanced communication between government and industry Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised to clarify that agency acquisition personnel are permitted and encouraged to engage in responsible and constructive exchanges with industry, so long as those exchanges are consistent with existing law and regulation and do not promote an unfair competitive advantage to particular firms. (b) Priority goal for information technology management The United States Chief Information Officer, in consultation with the Administrator for Federal Procurement Policy, shall advise the Director of the Office of Management and Budget to ensure that the priority goal for the Federal Government relating to information technology management under section 1120(a)(1)(B)(iii) of title 31, United States Code, addresses improving the performance of Federal agencies in development specifications for a contract for an information technology project. 10. FAR Council membership for Administrator of Small Business Administration (a) Addition of Administrator of Small Business Administration to Federal Acquisition Regulatory Council Section 1302(b) of title 41, United States Code, is amended— (1) by striking and at the end of subparagraph (C); (2) by striking the period and inserting ; and at the end of subparagraph (D); and (3) by adding at the end the following new subparagraph: (E) the Administrator of the Small Business Administration. . (b) Conforming amendments Section 1303(a)(1) of such title is amended— (1) by striking and the Administrator of National Aeronautics and Space, and inserting the Administrator of National Aeronautics and Space, and the Administrator of the Small Business Administration, ; and (2) by striking and the National Aeronautics and Space Act of 1958 ( 42 U.S.C. 2451 et seq. ), and inserting the National Aeronautics and Space Act of 1958 ( 42 U.S.C. 2451 et seq. ), and the Small Business Act ( 15 U.S.C. 631 et seq. ), .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5255ih/xml/BILLS-113hr5255ih.xml
|
113-hr-5256
|
I 113th CONGRESS 2d Session H. R. 5256 IN THE HOUSE OF REPRESENTATIVES July 30, 2014 Mrs. McMorris Rodgers (for herself, Mrs. Capito , Ms. Jenkins , Mrs. Ellmers , Mrs. Bachmann , Mr. Valadao , Mr. Rodney Davis of Illinois , Ms. Granger , Mrs. Lummis , and Mr. Fitzpatrick ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To encourage compensation transparency.
1. Short title This Act may be cited as the Stop Discrimination in the Workplace Act . 2. Enhanced enforcement of Equal Pay Act requirements Section 15(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 215(a) ) is amended— (1) in paragraph (5), by striking the period at the end and inserting ; or ; and (2) by adding at the end the following: (6) to discharge or in any other manner retaliate against any employee because such employee has inquired about, discussed, or disclosed comparative compensation information for the purpose of determining whether the employer is compensating an employee in a manner that provides equal pay for equal work, except that this paragraph shall not apply to instances in which an employee who has access to the wage information of other employees as a part of such employee’s job functions discloses the wages of such other employees to an individual who does not otherwise have access to such information, unless such disclosure is in response to a charge or complaint or in furtherance of an investigation, proceeding, hearing, or action under section 6(d), including an investigation conducted by the employer. Nothing in paragraph (6) shall be construed to limit the rights of an employee provided under any other provision of law. .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5256ih/xml/BILLS-113hr5256ih.xml
|
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.