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113-hr-5257
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I 113th CONGRESS 2d Session H. R. 5257 IN THE HOUSE OF REPRESENTATIVES July 30, 2014 Mrs. McMorris Rodgers (for herself, Mrs. Capito , Mrs. Wagner , Mrs. Ellmers , Mrs. Bachmann , Mr. Valadao , Mr. Rodney Davis of Illinois , and Mr. Fitzpatrick ) 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 deduction relating to the compensation of the lesser earning spouse.
1. Short title This Act may be cited as the Empowering Families at Home and at Work Act . 2. Deduction for lesser earning spouse (a) In general Part VII of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: 224. Second earner deduction (a) Allowance of deduction In the case of a taxpayer who files a joint return for the taxable year, there shall be allowed as a deduction an amount equal to 20 percent of the total compensation of the lesser earning spouse. (b) Limitations (1) Compensation taken into account The amount of compensation taken into account under subsection (a) for the taxable year shall not exceed $60,000. (2) Limitation based on income The amount allowed as a deduction under subsection (a) shall be zero if the adjusted gross income of the taxpayer for the taxable year exceeds $110,000. (c) Compensation For purposes of this section, the term compensation means the sum of— (1) wages (as defined in section 3121), and (2) self-employment income (as defined in section 1402). . (b) Deduction allowed above-the-Line Subsection (a) of section 62 of the Internal Revenue Code of 1986 is amended by inserting after paragraph (21) the following new paragraph: (22) Second earner deduction The deduction allowed by section 224. . (c) Clerical amendment The table of sections for part VII of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 224 and by inserting the following new items: Sec. 224. Second earner deduction. Sec. 225. Cross reference. . (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2014.
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113-hr-5258
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I 113th CONGRESS 2d Session H. R. 5258 IN THE HOUSE OF REPRESENTATIVES July 30, 2014 Mrs. Capito (for herself, Mrs. McMorris Rodgers , Mrs. Wagner , 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 Ways and Means A BILL To amend the Internal Revenue Code of 1986 to index the dependent care credit and income exclusion for inflation.
1. Short title This Act may be cited as the Families First Act . 2. Inflation adjustments of credit and exclusion for dependent care expenses (a) Credit (1) In general Section 21(e) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (11) Inflation adjustment (A) In general In the case of any taxable year beginning in a calendar year after 2014, the dollar amounts in subsections (a)(2) and (c)(2) shall each be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2013 for calendar year 1992 in subparagraph (B) thereof. (B) Rounding Any increase determined under subparagraph (A) shall be rounded to the nearest multiple of $10. . (2) Dollar limit on amount creditable Section 21(c)(1) of the Internal Revenue Code of 1986 is amended by striking $3,000 and inserting 50 percent of the amount in effect under paragraph (2) for the taxable year . (b) Exclusion (1) In general Section 129(e) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (10) Inflation adjustment (A) In general In the case of any taxable year beginning in a calendar year after 2014, the dollar amount in subsection (a)(2)(A) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2013 for calendar year 1992 in subparagraph (B) thereof. (B) Rounding Any increase determined under subparagraph (A) shall be rounded to the nearest multiple of $10. . (2) Limitation on exclusion Section 129(a)(2)(A) of the Internal Revenue Code of 1986 is amended by striking $2,500 and inserting 50 percent of such amount . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2014.
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113-hr-5259
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I 113th CONGRESS 2d Session H. R. 5259 IN THE HOUSE OF REPRESENTATIVES July 30, 2014 Mr. Huffman introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To establish State infrastructure banks for education.
1. Short title This Act may be cited as the Investing for Tomorrow’s Schools Act of 2014 . 2. State infrastructure bank pilot program (a) Establishment (1) Cooperative agreements Subject to the provisions of this section, the Secretary of the Treasury, in consultation with the Secretary of Education, may enter into cooperative agreements with States for the establishment of State infrastructure banks and multistate infrastructure banks for making loans— (A) to local educational agencies for building or repairing elementary or secondary schools which provide free public education (as such terms are defined in section 14101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 8801 )); (B) to public libraries for building or repairing library facilities; (C) to eligible charter school entities for use for the objective described in section 5224(2) of such Act ( 20 U.S.C. 7223c(2) ) consistent with subpart 2 of part B of title V of such Act ( 20 U.S.C. 7223 et seq. ); and (D) to community learning centers to connect and improve broadband services. (2) Interstate compacts Congress grants consent to two or more of the States, entering into a cooperative agreement under paragraph (1) with the Secretary of the Treasury for the establishment of a multistate infrastructure bank, to enter into an interstate compact establishing such bank in accordance with this section. (b) Funding The Secretary of the Treasury, in consultation with the Secretary of Education, shall make grants to State infrastructure banks and multistate infrastructure banks in a State in a cooperative agreement under subsection (a)(1) to provide initial capital for loans provided under this section. Each bank shall apply repayments of principal and interest on loans to the making of additional loans. The Secretary shall take final action on an application for a grant under this subsection within 90 days of the date of the submission of such application. (c) Infrastructure bank requirements In order to establish an infrastructure bank under this section, each State establishing the bank shall— (1) contribute, at a minimum, in each account of the bank from non-Federal sources an amount equal to 25 percent of the amount of each capitalization grant made to the State and contributed to the bank under subsection (b); (2) identify an operating entity of the State as recipient of the grant if the entity has the capacity to manage loan funds and issue debt instruments of the State for purposes of leveraging the funds; (3) allow such funds to be used as reserve for debt issued by the State so long as proceeds are deposited in the fund for loan purposes; (4) ensure that investment income generated by funds contributed to an account of the bank will be— (A) credited to the account; (B) available for use in providing loans to projects eligible for assistance from the account; and (C) invested in United States Treasury securities, bank deposits, or such other financing instruments as the Secretary may approve to earn interest to enhance the leveraging of projects assisted by the bank; (5) ensure that any loan from the bank to an eligible charter school entity, local educational agency, public library, or community learning center will bear interest at or below the lowest interest rates being offered for bonds the income from which is exempt from Federal taxation, as determined by the State, to make the project that is the subject of the loan feasible; (6) ensure that repayment of any loan from the bank to an eligible charter school entity, local educational agency, public library, or community learning center will commence not later than 1 year after the project has been completed; (7) ensure that the term for repaying any loan to an eligible charter school entity, local educational agency, public library, or community learning center will not exceed 30 years after the date of the first payment on the loan under paragraph (5); (8) ensure that the funds loaned annually that are used under subsection (a)(1)(C) are limited to a percentage of the total funds loaned that does not exceed the percentage of elementary and secondary school students in the State enrolled in charter schools during the most recent school year for which enrollment data are available; (9) ensure that the funds loaned annually under subsection (a)(1)(D) are used exclusively to connect and improve broadband services; and (10) require the bank to make an annual report to the Secretary on its status and make such other reports as the Secretary may require by guidelines. (d) Forms of assistance from infrastructure banks (1) In general An infrastructure bank established under this section may make loans in an amount equal to all or part of the cost of carrying out a project eligible for assistance under this section. (2) Applications for loans An application to an infrastructure bank for a loan shall include— (A) in the case of a renovation project, a description of each architectural, civil, structural, mechanical, or electrical deficiency to be corrected with funds under a loan and the priorities to be applied; (B) a description of the criteria used by the applicant to determine the type of corrective action necessary for the renovation of a facility; (C) a description of improvements to be made and a cost estimate for the improvements; (D) a description of how work undertaken with the loan will promote the conservation of energy, water, or waste; and (E) such other information as the infrastructure bank may require. An infrastructure bank shall take final action on a completed application submitted to it within 90 days after the date of its submission. (3) Criteria for loans In considering applications for a loan to an eligible charter school entity, local educational agency, public library, or community learning center, an infrastructure bank shall consider— (A) the extent to which the eligible charter school entity, local educational agency, public library, or community learning center involved lacks the fiscal capacity, including the ability to raise funds through the full use of such agency’s bonding capacity and otherwise, to undertake the project for which the loan would be used without the loan; (B) in the case of a local educational agency, the threat that the condition of the physical plant in the project poses to the safety and well-being of students; (C) the demonstrated need for the construction, reconstruction, or renovation based on the condition of the facility in the project; (D) the age of such facility; and (E) demonstrated need to connect and improve broadband services in the local community. (e) Qualifying projects (1) In general Subject to subsection (a)(1), a project is eligible for a loan from an infrastructure bank if it is a project that consists of— (A) the construction of new elementary or secondary schools to meet the needs imposed by enrollment growth; (B) the repair, rebuilding, or upgrading of classrooms or structures related to academic learning, including the repair of leaking roofs, crumbling walls, inadequate plumbing, poor ventilation equipment, and inadequate heating or light equipment; (C) an activity to increase physical safety at the educational facility involved; (D) an activity to enhance the educational facility involved to provide access for students, teachers, and other individuals with disabilities; (E) an activity to address environmental or health hazards at the educational facility involved, such as poor ventilation, indoor air quality, or lighting; (F) the provision of basic infrastructure that facilitates educational technology, such as communications outlets, electrical systems, power outlets, or a communication closet; (G) work that will bring an educational facility into conformity with the requirements of— (i) environmental protection or health and safety programs mandated by Federal, State, or local law if such requirements were not in effect when the facility was initially constructed; and (ii) hazardous waste disposal, treatment, and storage requirements mandated by the Resource Conservation and Recovery Act of 1976 or similar State laws; (H) work that will enable efficient use of available energy resources; (I) work that will reduce reliance on fossil fuels and expand use of solar power, wind power, and other renewable energy resources; (J) work to detect, remove, or otherwise contain asbestos hazards in educational facilities; (K) work to construct new public library facilities or repair or upgrade existing public library facilities; (L) work to connect entities described in subsection (a)(1) to broadband services, and to improve such connections for such entities; or (M) measures designed to reduce or eliminate human exposure to classroom noise and environmental noise pollution. (2) Davis-bacon The wage requirements of the Act of March 3, 1931 (referred to as the Davis-Bacon Act , 40 U.S.C. 276a et seq. ) shall apply with respect to individuals employed on the projects described in paragraph (1). (3) Green practices An entity using a loan under this section to fund a new construction or renovation project described in paragraph (1) shall ensure that the project is certified, verified, or consistent with State laws, regulations, and any applicable provisions of— (A) the LEED Green Building Rating System; (B) Living Building Challenge; (C) the CHPS green building rating program developed by the Collaborative for High Performance Schools; or (D) a program that— (i) has equivalent or more stringent standards; (ii) is adopted by the State or another jurisdiction with authority over the entity; and (iii) includes a verifiable method to demonstrate compliance with such program. (f) Supplementation Any loan made by an infrastructure bank shall be used to supplement and not supplant other Federal, State, and local funds available. (g) Limitation on repayments Notwithstanding any other provision of law, the repayment of a loan from an infrastructure bank under this section may not be credited towards the non-Federal share of the cost of any project. (h) Secretarial requirements In administering this section, the Secretary of the Treasury shall specify procedures and guidelines for establishing, operating, and providing assistance from an infrastructure bank. (i) United States not obligated The contribution of Federal funds into an infrastructure bank established under this section shall not be construed as a commitment, guarantee, or obligation on the part of the United States to any third party, nor shall any third party have any right against the United States for payment solely by virtue of the contribution. Any security or debt financing instrument issued by the infrastructure bank shall expressly state that the security or instrument does not constitute a commitment, guarantee, or obligation of the United States. (j) Management of Federal funds Sections 3335 and 6503 of title 31, United States Code, shall not apply to funds contributed under this section. (k) Program administration For each of fiscal years 2015 through 2019, a State may expend not to exceed 2 percent of the Federal funds contributed to an infrastructure bank established by the State under this section to pay the reasonable costs of administering the bank. (l) Secretarial review The Secretary of the Treasury shall review the financial condition of each infrastructure bank established under this section and transmit to Congress a report on the results of such review not later than 90 days after the completion of the review. (m) Authorization of appropriations For grants to States for the initial capitalization of infrastructure banks there are authorized to be appropriated $500,000,000 for fiscal year 2015 and for each of the 4 succeeding fiscal years. 3. Definitions For purposes of this Act: (1) Community learning center The term community learning center has the meaning given such term in section 4201(b)(1) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7171(b)(1) ). (2) Eligible charter school entity The term eligible charter school entity means— (A) a charter school (as defined in section 5210 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7221i )); or (B) a developer (as so defined) that has applied to an authorized public chartering agency (as so defined) to operate a charter school. (3) Local educational agency (A) The term local educational agency means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a city, county, township, school district, or other political subdivision of a State, or for such combination of school districts or counties as are recognized in a State as an administrative agency for its public elementary or secondary schools. (B) The term includes any other public institution or agency having administrative control and direction of a public elementary or secondary school. (C) The term includes an elementary or secondary school funded by the Bureau of Indian Affairs but only to the extent that such inclusion makes such school eligible for programs for which specific eligibility is not provided to such school in another provision of law and such school does not have a student population that is smaller than the student population of the local educational agency receiving assistance under this Act with the smallest student population, except that such school shall not be subject to the jurisdiction of any State educational agency other than the Bureau of Indian Affairs. (4) Outlying area The term outlying area means the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. (5) Public library The term public library means a library that serves free of charge all residents of a community, district, or region, and receives its financial support in whole or in part from public funds. Such term also includes a research library, which, for the purposes of this sentence, means a library that— (A) makes its services available to the public free of charge; (B) has extensive collections of books, manuscripts, and other materials suitable for scholarly research which are not available to the public through public libraries; (C) engages in the dissemination of humanistic knowledge through services to readers, fellowships, educational and cultural programs, publication of significant research, and other activities; and (D) is not an integral part of an institution of higher education. (6) State The term State means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each of the outlying areas.
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113-hr-5260
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I 113th CONGRESS 2d Session H. R. 5260 IN THE HOUSE OF REPRESENTATIVES July 30, 2014 Mr. Sam Johnson of Texas (for himself, Mrs. Black , Mr. Brady of Texas , Mr. Griffin of Arkansas , and Mr. Kelly of Pennsylvania ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Social Security Act to prevent disability fraud, and for other purposes.
1. Short title This Act may be cited as the Stop Disability Fraud Act of 2014 . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Title I—Combating Conspiracy Fraud Sec. 101. Expansion of cooperative disability investigations units. Sec. 102. Exclusion of certain medical sources of evidence. Sec. 103. Immediate suspension of claimant representatives upon certain convictions or disbarment. Sec. 104. New and stronger penalties. Sec. 105. Review of highest-earning claimant representatives. Title II—Strengthening Program Protections Sec. 201. Pre-effectuation and post-effectuation quality reviews of hearing dispositions. Sec. 202. Uniform qualification standards for disability determination decision makers. Sec. 203. Increased transparency. Sec. 204. Data exchange standardization. Title III—Modernizing Disability Programs Sec. 301. Updating of medical-vocational guidelines. Sec. 302. Research and demonstration projects. Sec. 303. Referrals to vocational rehabilitation or other public or private return-to-work service providers. Sec. 304. Online benefit assessment tools. Title IV—Other Program Improvements Sec. 401. Real property acquired by the Trust Funds. Sec. 402. Rules relating to distribution of death information furnished to or maintained by the Social Security Administration. Sec. 403. Reconsiderations of disability cessation determinations. I Combating Conspiracy Fraud 101. Expansion of cooperative disability investigations units Not later than October 1, 2016, the Commissioner of Social Security shall take any necessary actions to ensure that cooperative disability investigations units have been established that would cover each of the 50 States, the District of Columbia, Puerto Rico, Guam, the Northern Mariana Islands, the Virgin Islands, and American Samoa. 102. Exclusion of certain medical sources of evidence (a) In general Section 223(d)(5) of the Social Security Act ( 42 U.S.C. 423(d)(5) ) is amended by adding at the end the following: (C) In making any determination with respect to whether an individual is under a disability or continues to be under a disability, the Commissioner of Social Security may not consider any evidence furnished by an unlicensed or sanctioned physician or health care practitioner. . (b) Effective date The amendment made by subsection (a) shall apply with respect to determinations of disability made on or after the date that is 1 year after the date of the enactment of this Act. 103. Immediate suspension of claimant representatives upon certain convictions or disbarment Section 206(a)(1) of the Social Security Act ( 42 U.S.C. 406(a)(1) ) is amended— (1) in the third sentence, by striking disbarred or each place it appears; and (2) by inserting after the third sentence the following: Upon conviction of an individual for a felony or a crime of moral turpitude in a Federal or State Court or, in the case of an attorney, upon disbarment from any court or bar to which he or she was previously admitted to practice, the Commissioner may, after due notice, immediately disqualify or suspend the individual from appearing as a claimant representative before the Social Security Administration, pending an expedited hearing. 104. New and stronger penalties (a) Conspiracy To commit Social Security fraud (1) Amendment to title II Section 208(a) of the Social Security Act ( 42 U.S.C. 408(a) ) is amended— (A) in paragraph (7)(C), by striking or at the end; (B) in paragraph (8), by adding or at the end; and (C) by inserting after paragraph (8) the following: (9) conspires to commit any offense described in any of paragraphs (1) through (8), . (2) Amendment to title VIII Section 811(a) of such Act ( 42 U.S.C. 1011(a) ) is amended— (A) in paragraph (3), by striking or at the end; (B) in paragraph (4), by striking the comma and adding ; or at the end; and (C) by inserting after paragraph (4) the following: (5) conspires to commit any offense described in any of paragraphs (1) through (4), . (3) Amendment to title XVI Section 1632(a) of such Act ( 42 U.S.C. 1383a(a) ) is amended— (A) in paragraph (3), by striking or at the end; (B) in paragraph (4), by adding or at the end; and (C) by inserting after paragraph (4) the following: (5) conspires to commit any offense described in any of paragraphs (1) through (4), . (b) Increased criminal penalties for certain individuals in positions of trust (1) Amendment to title II Section 208(a) of the Social Security Act ( 42 U.S.C. 408(a) ), as amended by subsection (a), is further amended by striking the period at the end and inserting , except that in the case of a person who receives a fee or other income for services performed in connection with any determination with respect to benefits under this title (including a claimant representative, translator, or current or former employee of the Social Security Administration), or who is a physician or other health care provider who submits, or causes the submission of, medical or other evidence in connection with any such determination, such person shall be guilty of a felony and upon conviction thereof shall be fined under title 18, United States Code, or imprisoned for not more than ten years, or both. . (2) Amendment to title VIII Section 811(a) of such Act ( 42 U.S.C. 1011(a) ), as amended by subsection (a), is further amended by striking the period at the end and inserting , except that in the case of a person who receives a fee or other income for services performed in connection with any determination with respect to benefits under this title (including a claimant representative, translator, or current or former employee of the Social Security Administration), or who is a physician or other health care provider who submits, or causes the submission of, medical or other evidence in connection with any such determination, such person shall be guilty of a felony and upon conviction thereof shall be fined under title 18, United States Code, or imprisoned for not more than ten years, or both. . (3) Amendment to title XVI Section 1632(a) of such Act ( 42 U.S.C. 1383a(a) ), as amended by subsection (a), is further amended by striking the period at the end and inserting , except that in the case of a person who receives a fee or other income for services performed in connection with any determination with respect to benefits under this title (including a claimant representative, translator, or current or former employee of the Social Security Administration), or who is a physician or other health care provider who submits, or causes the submission of, medical or other evidence in connection with any such determination, such person shall be guilty of a felony and upon conviction thereof shall be fined under title 18, United States Code, or imprisoned for not more than ten years, or both. . (c) Increased civil monetary penalties for certain individuals in positions of trust Section 1129(a)(1) of the Social Security Act (42 U.S.C.1320a-8(a)(1)) is amended, in the matter following subparagraph (C), by inserting after withholding disclosure of such fact the following: , except that in the case of such a person who receives a fee or other income for services performed in connection with any such determination (including a claimant representative, translator, or current or former employee of the Social Security Administration) or who is a physician or other health care provider who submits, or causes the submission of, medical or other evidence in connection with any such determination, the amount of such penalty shall be not more than $7,500 . (d) Establishment of sanctions for violations by claimant representatives (1) In general Section 206(a)(1) of the Social Security Act ( 42 U.S.C. 406(a)(1) ) is amended by inserting after or who violates any provision of this section for which a penalty is prescribed. the following: The Commissioner of Social Security shall establish rules under which fines and other sanctions the Commissioner determines to be appropriate may be imposed for failure to comply with the Commissioner's rules and regulations. (2) Collection of fines Section 206(d)(3) of such Act ( 42 U.S.C. 406(d)(3) ) is amended by inserting after under paragraph (1) the following: , and any fine imposed on the attorney under subsection (a)(1), . (e) Civil monetary penalty on claimant representatives Section 1129(a) of the Social Security Act ( 42 U.S.C. 1320a–8(a) ) is amended by adding at the end the following: (4) Any person (including an organization, agency, or other entity) who, while acting as a claimant representative pursuant to section 206, knowingly charges, demands, receives, or collects for services rendered in excess of the maximum fee prescribed by the Commissioner of Social Security or allowed by a court in connection with proceedings before the court to which section 206(b)(1) is applicable, shall be subject to, in addition to any other penalties that may be prescribed by law, a civil monetary penalty of not more than $7,500 for each violation. Such person shall also be subject to an assessment, in lieu of damages sustained by the United States resulting from the improper payment, of not more than twice the amount of any payments so received. . (f) Inflation adjustment of certain civil monetary penalties Title XI of the Social Security Act ( 42 U.S.C. 1301 et seq. ) is amended by inserting after section 1129B the following: 1129C. Civil monetary penalty inflation adjustment (a) Adjustment by regulation The Commissioner of Social Security shall, not later than 180 days after the date of enactment of the Stop Disability Fraud Act of 2014 , and at least once every 4 years thereafter— (1) by regulation adjust the maximum amount of each civil monetary penalty by the inflation adjustment described under subsection (b); and (2) publish each such regulation in the Federal Register. (b) Amount of adjustment The inflation adjustment under subsection (a) shall be determined by increasing the maximum amount of each civil monetary penalty by the cost-of-living adjustment. Any increase determined under this subsection shall be rounded to the nearest— (1) multiple of $1,000 in the case of penalties greater than $1,000 but less than or equal to $10,000; and (2) multiple of $5,000 in the case of penalties greater than $10,000 but less than or equal to $100,000. (c) Definitions For purposes of this section— (1) the term civil monetary penalty means— (A) a penalty imposed by paragraph (1) or (3) of section 1129(a); and (B) a penalty imposed by paragraph (1) or (2) of section 1140(b). (2) the term cost-of-living adjustment means the percentage (if any) for each civil monetary penalty by which— (A) the Consumer Price Index for all Urban Consumers (CPI–U) for the month of June of the calendar year preceding the adjustment, exceeds (B) the CPI–U for the month of June of the calendar year in which the amount of such civil monetary penalty was last set or adjusted pursuant to law. (d) Application of increase Any increase under this Act in a civil monetary penalty shall apply only to violations which occur after the date the increase takes effect. . (g) Mandatory restitution in Social Security fraud cases (1) Amendments to title II Section 208(b) of the Social Security Act ( 42 U.S.C. 408(c) ) is amended— (A) in paragraph (1), by striking may order and inserting shall order ; (B) in paragraph (2), by striking 3663 and inserting 3663A ; (C) by striking paragraph (3); and (D) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively. (2) Amendments to title VIII Section 811(b) of such Act ( 42 U.S.C. 1011(b) ) is amended— (A) in paragraph (1), by striking may order and inserting shall order ; (B) in paragraph (2), by striking 3663 and inserting 3663A ; (C) by striking paragraph (3); and (D) by redesignating paragraph (4) as paragraph (3). (3) Amendments to title XVI Section 1632(b) of such Act ( 42 U.S.C. 1383a(b) ) is amended— (A) in paragraph (1), by striking may order and inserting shall order ; (B) in paragraph (2), by striking 3663 and inserting 3663A ; (C) by striking paragraph (3); and (D) by redesignating paragraph (4) as paragraph (3). (4) Effective date The amendments made by paragraphs (1), (2), and (3) shall apply with respect to violations occurring on or after the date of the enactment of this Act. (h) References to Social Security and Medicare in electronic communications (1) In general Section 1140(a)(1) of the Social Security Act ( 42 U.S.C. 1320b–10(a)(1) ) is amended by inserting (including any Internet or other electronic communication) after or other communication . (2) Each communication treated as separate violation Section 1140(b) of such Act ( 42 U.S.C. 1320b–10(b) ) is amended by inserting after the second sentence the following: In the case of any items referred to in subsection (a)(1) consisting of Internet or other electronic communications, each dissemination, viewing, or accessing of such a communication which contains one or more words, letters, symbols, or emblems in violation of subsection (a) shall represent a separate violation. . (i) No benefits payable to individuals for whom a civil monetary penalty is imposed for fraudulently concealing work activity Section 222(c)(5) of the Social Security Act ( 42 U.S.C. 422(c)(5) ) is amended by inserting after conviction by a Federal court the following: , or the imposition of a civil monetary penalty under section 1129, . 105. Review of highest-earning claimant representatives Not later than 1 year after the date of the enactment of this Act and biennially thereafter, the Inspector General of the Social Security Administration shall conduct biennial reviews of the practices of a sample of the highest earning claimant representatives to ensure compliance with the policies of the Social Security Administration. II Strengthening Program Protections 201. Pre-effectuation and post-effectuation quality reviews of hearing dispositions (a) Amendments to title II Section 205(b) of the Social Security Act ( 42 U.S.C. 405(b) ) is amended by adding at the end the following: (4) (A) The Commissioner of Social Security shall conduct pre-effectuation and post-effectuation quality reviews of hearing dispositions with respect to decisions in connection with applications for benefits under this title, in a sufficient number to ensure compliance with laws, regulations, and other guidance issued by the Commissioner of Social Security. (B) The Commissioner of Social Security shall annually submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report that includes— (i) the total number of cases selected for a quality review as described in paragraph (1); (ii) the number of such cases in which a decision is remanded; and (iii) the number of such cases in which a decision is modified or reversed. . (b) Amendment to title XVI Section 1633 of the Social Security Act ( 42 U.S.C. 1383b ) is amended by adding at the end the following: (f) (1) The Commissioner of Social Security shall conduct pre-effectuation and post-effectuation quality reviews of hearing dispositions with respect to decisions in connection with applications for benefits under this title, in a sufficient number to ensure compliance with laws, regulations, and other guidance issued by the Commissioner of Social Security. (2) The Commissioner of Social Security shall annually submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report that includes— (A) the total number of cases selected for a quality review as described in paragraph (1); (B) the number of such cases in which a decision is remanded; and (C) the number of such cases in which a decision is modified or reversed. . 202. Uniform qualification standards for disability determination decision makers (a) In general Section 221(k)(1) of the Social Security Act ( 42 U.S.C. 421(k)(1) ) is amended by inserting at the end before the period the following: , including standard qualifications for State and Federal decision makers and medical or vocational advisors involved in the disability determination process . (b) Effective date The regulations required to be issued as a result of the amendment made by paragraph (1) shall become final not later than 1 year after the date of the enactment of this Act. 203. Increased transparency Not later than 180 days after the date of the enactment of this Act and annually thereafter, the Commissioner of Social Security shall produce and make publicly available comprehensive program information to guide disability policy and procedures and to guide accuracy and consistency in decision making, including information relating to productivity, processing time, pending workloads, and decision outcomes with respect to each hearing officer, hearing office, and region and with respect to the disability insurance program as a whole. Such program information shall also include the same data, categorized by office, State, region, and the program as a whole, with respect to each of the following: initial disability determinations; reconsiderations; continuing disability reviews; and reconsiderations of continuing disability reviews. 204. Data exchange standardization (a) In general Section 704 of the Social Security Act ( 42 U.S.C. 904 ) is amended by adding at the end the following: (f) Data exchange standards for improved interoperability (1) Designation The Commissioner shall, in consultation with an interagency work group established by the Office of Management and Budget and considering State and other Federal government perspectives, designate data exchange standards to govern, under titles II, VIII, and XVI— (A) necessary categories of information that State agencies operating programs under State plans approved under this part are required under applicable Federal law to electronically exchange with another State agency; and (B) Federal reporting and data exchange required under applicable Federal law. (2) Requirements The data exchange standards required by paragraph (1) shall, to the extent practicable— (A) incorporate a widely accepted, non-proprietary, searchable, computer-readable format, such as the eXtensible Markup Language; (B) contain interoperable standards developed and maintained by intergovernmental partnerships, such as the National Information Exchange Model; (C) incorporate interoperable standards developed and maintained by Federal entities with authority over contracting and financial assistance; (D) be consistent with and implement applicable accounting principles; (E) be implemented in a manner that is cost-effective and improves program efficiency and effectiveness; and (F) be capable of being continually upgraded as necessary. (3) Rule of construction Nothing in this subsection shall be construed to require a change to existing data exchange standards found to be effective and efficient. . (b) Plan for public comment The Commissioner shall issue a plan for public comment on its website within 24 months after the date of the enactment of subsection (a). The plan shall— (1) identify federally required data exchanges, include specification and timing of exchanges to be standardized, and address the factors used in determining whether and when to standardize data exchanges; and (2) specify implementation options and describe future milestones for standardizing data for improved interoperability. III Modernizing Disability Programs 301. Updating of medical-vocational guidelines As soon as possible after the date of the enactment of this Act, the Commissioner of Social Security shall prescribe rules and regulations that update the medical-vocational guidelines, as set forth in appendix 2 to subpart P of part 404 of title 20, Code of Federal Regulations, used in disability determinations, including full consideration of new employment opportunities made possible by advances in treatment, rehabilitation, and technology. 302. Research and demonstration projects Section 1110 of the Social Security Act ( 42 U.S.C. 1310 ), as amended by section 202(b), is further amended by adding at the end the following: (e) Research and demonstration projects conducted pursuant to subsection (a)(1) shall include the following: (1) To be completed not later than the end of calendar year 2016, development of instruments to assess function that are rapid, reliable, and objective to inform the disability determination process. (2) To be completed not later than the end of calendar year 2016, studies of the availability and effects of more fully considering assistive devices and workplace accommodations in the disability determination process. (f) (1) Not later than June 9 of each year, the Commissioner shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate an annual interim report on the progress of any research, experimental, pilot, and demonstration projects conducted under this section, including, for each such project, project focus, project design, project timeframe (including specific start and end dates), past and estimated future costs, any evaluation progress, and any other related data and materials that the Commissioner may consider appropriate. (2) In the case of any research, experimental, pilot, or demonstration project conducted under this section that is not in effect as of the date of the enactment of the Stop Disability Fraud Act of 2014 , such project may not be placed into effect until at least 90 days after the Commissioner submits to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a written report on the project, prepared for purposes of notification and information only and containing a full and complete description of the project, including project focus, project design, project timeframe (including specific start and end dates), estimated costs, and evaluation plan. (3) Each research, experimental, pilot, or demonstration project conducted under this section shall terminate not later than the end date specified in the reports described in paragraphs (1) and (2). . 303. Referrals to vocational rehabilitation or other public or private return-to-work service providers (a) Amendment to title II Section 222 of the Social Security Act ( 42 U.S.C. 422 ) is amended by inserting before subsection (c) the following: (a) Referral for Rehabilitation Services (1) The Commissioner of Social Security may make provision for the referral of individuals who are denied benefits under this title based on an adverse determination of disability to an appropriate public or private entity for employment services, vocational rehabilitation services, or other support services. . (b) Amendment to title XVI Section 1615 of such Act ( 42 U.S.C. 1382d ) is amended by inserting after subsection (a) the following: (b) (1) In the case of any individual who has not attained age 65 and is denied benefits under this title based on an adverse determination of disability, the Commissioner of Social Security may make provision for referral of such individual to an appropriate public or private entity for employment services, vocational rehabilitation services, or other support services. . (c) Effective date The amendments made by subsections (a) and (b) shall apply with respect to applications for monthly insurance benefits filed on or after the date that is 180 days after the date of the enactment of this Act. 304. Online benefit assessment tools Not later than 1 year after the date of the enactment of this Act, the Commissioner of Social Security shall make publicly available through the website of the Social Security Administration on-line tools to allow all individuals eligible for benefits based on disability under titles II and XVI of the Social Security Act to assess the impact of earnings on the individual’s eligibility for, and amount of, benefits received through Federal and State benefit programs. IV Other Program Improvements 401. Real property acquired by the Trust Funds (a) In general Section 201(g) of the Social Security Act ( 42 U.S.C. 401(g) ) is amended by adding at the end the following: (5) (A) Notwithstanding any other provision of law, for any real property acquired using funds derived from the Trust Funds— (i) the Managing Trustee shall record such property as an asset of the Trust Fund from which such funds were derived; (ii) any net proceeds from the disposition of such property sold at any time shall be deposited in such Trust Fund, to be invested by the Managing Trustee in the same manner and to the same extent as the other assets of such Trust Fund; and (iii) the use of such real property shall be restricted to purposes of carrying out the duties of the Commissioner as authorized by this Act and any other Federal law. . (b) Prohibition on use of Trust Funds for certain administrative costs Section 201(g)(5) of the Social Security Act ( 42 U.S.C. 401(g)(5) ), as added by subsection (a), is further amended by adding at the end the following: (B) (i) Funds made available for expenditure pursuant to the authorization in this subsection may not be used for the operation and maintenance of real property in amounts that exceed the actual costs of such operation and maintenance, including any amounts for overhead, space and services, repair, replacement, or depreciation. (ii) For purposes of this subparagraph, funds made available for the replacement of the National Computer Center shall be deemed to be funds made available as described in clause (i). . (c) Annual report Section 201(c) of the Social Security Act ( 42 U.S.C. 401(c) ) is amended by inserting after the second sentence in the matter following paragraph (5) the following: Such statement of assets shall include an estimate of the fair market value of all real property recorded as an asset of the Trust Funds at the end of the preceding fiscal year. . (d) Effective date The amendments made by subsection (a) shall apply with respect to real property acquired using funds solely derived from the Trust Funds and disposed of on, before, or after the date of enactment of this Act. 402. Rules relating to distribution of death information furnished to or maintained by the Social Security Administration (a) In general Section 205(r) of the Social Security Act ( 42 U.S.C. 405(r) ) is amended— (1) in paragraph (2), by inserting , and to ensure completeness, timeliness, and accuracy of, after transmitting ; (2) by striking paragraph (3) and inserting the following: (3) The Commissioner of Social Security shall, to the extent feasible, provide for the use of information regarding deceased individuals furnished to or maintained by the Commissioner, subject to such safeguards as the Commissioner of Social Security determines are necessary or appropriate to protect the information from unauthorized use or disclosure, to any Federal or State agency providing or administering Federally funded benefits to individuals, other than benefits under this Act, through a cooperative arrangement with such agency designed to ensure proper payment of those benefits with respect to such individuals if— (A) under such arrangement the agency provides reimbursement to the Commissioner of Social Security for the reasonable costs of carrying out such arrangement, including the reasonable costs associated with the collection and maintenance of information regarding deceased individuals furnished to the Commissioner pursuant to paragraph (1); and (B) such arrangement does not conflict with the duties of the Commissioner of Social Security under paragraph (1). ; and (3) in paragraph (4), by inserting or in benefit and pension plans for employees of the States or local governments after by the States . (b) Effective date The amendment made by subsection (a) shall take effect on the date that is 60 days after the date of the enactment of this section. 403. Reconsiderations of disability cessation determinations (a) In general Section 205(b)(2) of the Social Security Act ( 42 U.S.C. 405(b)(2) ) is amended, in the matter following subparagraph (C)— (1) in the second sentence, by striking where the finding was originally made by the State agency, and shall be made by the Commissioner of Social Security where the finding was originally made by the Commissioner of Social Security and inserting regardless of whether the finding was originally made by the State agency or the Commissioner of Social Security ; (2) in the third sentence, by striking which was originally made by such State agency ; and (3) in the fourth sentence, by striking which was originally made by the Commissioner of Social Security . (b) Effective date The amendments made by subsection (a) shall apply with respect to determinations of disability made on or after the date that is 180 days after the date of the enactment of this Act.
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113-hr-5261
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I 113th CONGRESS 2d Session H. R. 5261 IN THE HOUSE OF REPRESENTATIVES July 30, 2014 Ms. Loretta Sanchez of California introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committees on Homeland Security 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 establish a North and Central American and Caribbean border security cooperation initiative, enhance the security of Mexico’s southern border, improve United States short term detention standards, and for other purposes.
1. Short title This Act may be cited as the Central American and USA Initiatives Act or the CAUSA Initiatives Act . 2. North and Central American border security cooperation initiative (a) Border security cooperation initiative (1) In general The Secretary of Homeland Security, in coordination with the Secretary of State and other appropriate United States officials, shall work with the appropriate officials of the Government of Canada and the Government of Mexico, in conjunction with representatives from the governments of Central American countries, to establish a program to— (A) assess the specific needs of Central American countries to maintain the security of the international borders of such countries; (B) determine the support needed by such countries from the United States, Canada, and Mexico, to meet such needs; and (C) assess the current structure for handling displaced minors and other vulnerable individuals in Central American countries and recommendations to improve such structure. (2) Consideration Any actions taken pursuant to this subsection by the individuals referred to in paragraph (1) shall be taken in accordance with the goals of advancing human rights and economic opportunities, as well as programming and support for the rule of law, good governance, and civil society. (b) Report The Secretary of Homeland Security shall submit to the Committee on Homeland Security and the Committee on Foreign Affairs of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Foreign Relations of the Senate a report on the assessments and determination carried out in accordance with subsection (a). 3. Caribbean border security cooperation initiatives (a) In general The Secretary of Homeland Security, in cooperation with the Secretary of State, shall work with appropriate officials of the governments of the countries of the Caribbean to establish a program to assess the specific needs of such countries to address the unique challenges of maritime border security. (b) Report The Secretary of Homeland Security shall submit to the Committee on Homeland Security and the Committee on Foreign Affairs of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Foreign Relations of the Senate a report on the assessment of needs carried out in accordance with subsection (a). 4. Enhancing the security of Mexico’s southern border (a) In general The Secretary of Homeland Security, in coordination with the Secretary of State, shall work with appropriate officials of the Government of Mexico to establish a program to assess the specific needs of Mexico to help secure Mexico’s southern border from undocumented aliens, drugs, weapons, and other contraband. Such plan shall include— (1) a comprehensive plan for the deployment and use of technology along the southern border of Mexico, which at a minimum shall contain— (A) an assessment of current technology capabilities along the southern border of Mexico; (B) a description of the research and development capabilities of the Government of Mexico, and collaboration between the Science and Technology Directorate of the Department of Homeland Security to help improve such capabilities; and (C) a description of Mexico’s technology needs to address southern border crossing transportation screening, including vehicle, pedestrian and rail screening; and (2) a comprehensive plan for the repatriation of migrants to their home countries, which at a minimum shall contain— (A) a description of the ways the Government of Mexico and the Government of the United States can coordinate with international non-governmental organizations to ensure humane repatriation methods are practiced; (B) a description of the training, personnel and equipment needed to implement such a repatriation program; and (C) an assessment of current and future land and rail ports of entry infrastructure that will be needed to maintain legitimate border activity along the southern border of Mexico. (b) Report The Secretary of Homeland Security shall submit to the Committee on Homeland Security and the Committee on Foreign Affairs of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Foreign Relations of the Senate a report on the assessment of needs carried out in accordance with subsection (a). 5. Improving United States short term detention standards (a) Proper access to adequate facilities and personal needs upon or as soon as practicable following apprehension and during short term detention at Border Patrol processing centers The Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, shall ensure that adequate facilities and sustaining needs, such as access to food and water, medical care and sanitary facilities, are provided to an individual apprehended and detained by a Border Patrol agent between ports of entry upon or as soon as practicable following the time of such apprehension or during subsequent short term detention. (b) Access to information on detainee rights at Border Patrol processing centers (1) In general The Secretary of Homeland Security, acting through Commissioner of U.S. Customs and Border Protection, shall ensure that an individual unlawfully present in the United States who is apprehended by a Border Patrol agent is promptly provided with information concerning such individual’s rights, including the right to contact a representative of such individual’s government for purposes of United States treaty obligations. (2) Form The information referred to in paragraph (1) may be provided either verbally or in writing by the apprehending Border Patrol agent, and shall be posted in the detention holding cell in which such individual is being held. The information shall be provided in a language understandable to such individual. (c) Documentation concerning repatriated individuals The Secretary of Homeland Security, acting through Commissioner of U.S. Customs and Border Protection, shall establish and maintain a database containing the following information relating to individuals unlawfully present in the United States who are apprehended and detained by Border Patrol agents: (1) Information on the location of apprehension. (2) Information on family members separated by the Border Patrol during apprehension or detention. (3) Information on the medical conditions of apprehended and detained individuals during short term detention. (4) Information on any personal property that was returned to the individual upon repatriation. (d) Daytime repatriation Repatriations shall be limited to daylight hours and avoid locations that are determined to have high indices of crime and violence. (e) Short term detention defined In this section, the term short term detention means detention of an individual in a Border Patrol processing center for 72 hours or less, before repatriation of such individual to such individual’s country of nationality or last habitual residence. (f) Report Not later than 90 days after the date of the enactment of this section, 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 the procurement process and standards of entities with which the Department of Homeland Security has contracts for the transportation and detention of individuals unlawfully present in the United States who are apprehended by agents or officers of the Department. Such report should also consider the operational efficiency of contracting out for the transportation and detention of individuals unlawfully present in the United States.
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113-hr-5262
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I 113th CONGRESS 2d Session H. R. 5262 IN THE HOUSE OF REPRESENTATIVES July 30, 2014 Mr. Meadows (for himself, Mr. Messer , Mr. Murphy of Florida , Mr. Hudson , Mr. McIntyre , Mrs. Ellmers , Mr. Coble , Mr. Pittenger , Mr. Rokita , and Mr. Boustany ) 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 student workers for purposes of determining a higher education institution’s employer health care shared responsibility.
1. Short title This Act may be cited as the Student Worker Exemption Act of 2014 . 2. Student workers exempted from determination of higher education institution’s employer health care shared responsibility (a) In general Subsection (c) of section 4980H of the Internal Revenue Code of 1986 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) Exception for student workers (A) In general Services rendered as a student worker to an eligible educational institution (as defined in section 25A(f)(2)) shall not be taken into account under this section as service provided by an employee. (B) Student worker For purposes of this paragraph, the term student worker means, with respect to any eligible educational institution (as so defined), any individual who— (i) is employed by such institution, and (ii) is a student enrolled at the institution and is carrying a full-time academic workload, as determined by the institution, under a standard applicable to all students enrolled in a particular educational program. . (b) Effective date The amendments made by this section shall apply to months beginning after December 31, 2013.
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113-hr-5263
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I 113th CONGRESS 2d Session H. R. 5263 IN THE HOUSE OF REPRESENTATIVES July 30, 2014 Mr. Nadler (for himself, Mr. Burgess , Mr. Clay , and Mr. Costa ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on Oversight and Government Reform , House Administration , Education and the Workforce , 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 promote and protect from discrimination living organ donors.
1. Short title This Act may be cited as the Living Donor Protection Act of 2014 . 2. Prohibition on denial of coverage or increase in premiums of life or disability insurance for living organ donors (a) Prohibition Notwithstanding any other provision of law, it shall be unlawful to— (1) decline or limit coverage of a person under any life insurance policy, disability insurance policy, or long-term care insurance policy due to the status of such person as a living organ donor; (2) preclude a person from donating an organ as a condition of receiving a life insurance policy, disability insurance policy, or long-term care insurance policy; (3) consider the status of a person as a living organ donor in determining the premium rate for coverage of such person under a life insurance policy, disability insurance policy, or long-term care insurance policy; or (4) otherwise discriminate in the offering, issuance, cancellation, amount of such coverage, price, or any other condition of a life insurance policy, disability insurance policy, or long-term care insurance policy for a person based solely and without any additional actuarial risks upon the status of such person as a living organ donor. (b) Enforcement A State insurance regulator may take such actions to enforce subsection (a) as are specifically authorized under the laws of such State. (c) Definitions In this section: (1) Disability insurance policy The term disability insurance policy means a contract under which an entity promises to pay a person a sum of money in the event that an illness or injury resulting in a disability that prevents such person from working. (2) Life insurance policy The term life insurance policy means a contract under which an entity promises to pay a designated beneficiary a sum of money upon the death of the insured. (3) Living organ donor The term living organ donor means an individual who has donated all or part of an organ and is not deceased. (4) Long-term care insurance policy The term long-term care insurance policy means a contract under which the only insurance protection provided under the contract is coverage of qualified long-term care services (as defined in section 7702B(c) of the Internal Revenue Code of 1986). 3. Clarification of organ donation surgery as qualifying as a serious health condition under FMLA Section 101(11) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611(11) ) is amended by inserting (including recovery from surgery related to organ donation) after physical or mental condition . 4. Updating of educational materials on the benefits of live organ donation (a) In general Not later than 6 months after the date of enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the Secretary ) shall review and update materials related to live organ donation in order to educate the public on— (1) the benefits of live organ donation; and (2) the impact of live organ donation on the access of a living organ donor to insurance. Such updating shall include information on the changes made by sections 2 and 3 of this Act. (b) Methods of updating In carrying out subsection (a), the Secretary shall update, as appropriate— (1) Public Service Announcements previously provided by the Secretary; (2) publicly accessible Web sites (such as organdonor.gov, or a successor Web site) that are maintained by the Secretary and that contain information and resources regarding live organ donation; and (3) other media determined appropriate by the Secretary.
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113-hr-5264
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I 113th CONGRESS 2d Session H. R. 5264 IN THE HOUSE OF REPRESENTATIVES July 30, 2014 Mr. Schock (for himself and Mr. Rangel ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to make the work opportunity credit permanent.
1. Work opportunity credit made permanent (a) In general Section 51(c) of the Internal Revenue Code of 1986 is amended by striking paragraph (4) and redesignating paragraph (5) as paragraph (4). (b) Effective date The amendments made by this section shall apply to individuals who begin for the employer after December 31, 2013.
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113-hr-5265
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I 113th CONGRESS 2d Session H. R. 5265 IN THE HOUSE OF REPRESENTATIVES July 30, 2014 Mr. Hudson (for himself, Mr. Butterfield , Mrs. Ellmers , Mr. Jones , Mr. Price of North Carolina , Ms. Foxx , Mr. Coble , Mr. McIntyre , Mr. Pittenger , Mr. McHenry , Mr. Meadows , and Mr. Holding ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To name the Department of Veterans Affairs community-based outpatient clinic in Hamlet, North Carolina, as the Edward Ed James O’Neal Department of Veterans Affairs Clinic .
1. Name of Department of Veterans Affairs community-based outpatient clinic, Hamlet, North Carolina The Department of Veterans Affairs community-based outpatient clinic in Hamlet, North Carolina, shall after the date of the enactment of this Act be known and designated as the Edward Ed James O’Neal Department of Veterans Affairs Clinic . Any reference to such community-based outpatient clinic in any law, regulation, map, document, record, or other paper of the United States shall be considered to be a reference to the Edward Ed James O’Neal Department of Veterans Affairs Clinic .
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113-hr-5266
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I 113th CONGRESS 2d Session H. R. 5266 IN THE HOUSE OF REPRESENTATIVES July 30, 2014 Mr. LoBiondo (for himself, Mr. Larsen of Washington , Mr. Posey , and Mr. Murphy of Florida ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To reauthorize the National Estuary Programs, and for other purposes.
1. Competitive awards Section 320(g) of the Federal Water Pollution Control Act ( 33 U.S.C. 1330(g) ) is amended by adding at the end the following: (4) Competitive awards (A) In general Of the amount made available under subsection (i)(2)(B), the Administrator shall make competitive awards under this paragraph. (B) Application for awards The Administrator shall solicit applications for awards under this paragraph from State, interstate, and regional water pollution control agencies and entities, State coastal zone management agencies, interstate agencies, other public or nonprofit private agencies, institutions, organizations, and individuals. (C) Selection of recipients In selecting award recipients under this paragraph, the Administrator shall select recipients that are best able to address urgent and challenging issues that threaten the ecological and economic well-being of coastal areas. Such issues shall include— (i) extensive seagrass habitat losses resulting in significant impacts on fisheries and water quality; (ii) recurring harmful algae blooms, unusual marine mammal mortalities; (iii) invasive exotic species which can threaten wastewater systems and cause other damage; (iv) jellyfish proliferation limiting community access to water during peak tourism seasons; (v) flooding which may be related to sea level rise or wetland degradation or loss; or (vi) low dissolved oxygen conditions in estuarine waters and related nutrient management. (D) Priority The Administrator shall give priority for the competitive awards described in subparagraph (A) to national estuary programs that are not part of the Geographic Programs as described in the explanatory statement referred to in section 4 of the Consolidated Appropriations Act, 2014 ( Public Law 113–76 ; 128 Stat. 7 and printed on page H978 of the Congressional Record on January 15, 2014). . 2. Authorization of appropriations Section 320 of the Federal Water Pollution Control Act ( 33 U.S.C. 1330 ) is amended by striking subsection (i) and inserting the following: (i) Authorization of appropriations (1) In general There is authorized to be appropriated to the Administrator $27,000,000, for each of fiscal years 2014 through 2018 for— (A) expenses relating to the administration of grants or awards by the Administrator under this section, including the award and oversight of grants and awards, except that such expenses shall not exceed 5 percent of the amount appropriated under this subsection; and (B) making grants and awards under subsection (g). (2) Allocations (A) Conservation and management plan The Administrator shall provide not less than 80 percent of the amounts made available for this section for each fiscal year referred to in paragraph (1) for the development, implementation, and monitoring of each conservation and management plan eligible for grant assistance under subsection (g)(2). (B) Competitive awards The Administrator shall provide not less than 15 percent of the amounts made available for this section in each fiscal year to make competitive awards described in subsection (g)(3). .
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113-hr-5267
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I 113th CONGRESS 2d Session H. R. 5267 IN THE HOUSE OF REPRESENTATIVES July 30, 2014 Ms. Clark of Massachusetts (for herself and Ms. Ros-Lehtinen ) introduced the following bill; which was referred to the Committee on the Judiciary , 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 protect the pets of victims of domestic violence, sexual assault, stalking, and dating violence.
1. Short title This Act may be cited as the Pet and Women Safety Act of 2014 . 2. Pet involvement in crimes related to domestic violence and stalking (a) Interstate stalking Section 2261A of title 18, United States Code, is amended— (1) in paragraph (1)(A)— (A) in clause (ii), by striking or at the end; and (B) by inserting after clause (iii) the following: (iv) the pet of that person; or ; and (2) in paragraph (2)(A), by striking or (iii) and inserting (iii), or (iv) . (b) Interstate violation of protection order Section 2262 of title 18, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (1), by inserting after another person the following: or the pet of that person ; and (B) in paragraph (2), by inserting after proximity to, another person the following or the pet of that person ; and (2) in subsection (b)(5), by inserting after in any other case, the following: including any case where the offense is committed against a pet, . (c) Restitution To include veterinary services Section 2264 of title 18, United States Code, is amended in subsection (b)(3)— (1) by redesignating subparagraph (F) as subparagraph (G); (2) in subparagraph (E), by striking and at the end; and (3) by inserting after subparagraph (E) the following: (F) veterinary services relating to physical care for the victim’s pet; and . (d) Pet defined Section 2266 of title 18, United States Code, is amended by inserting after paragraph (10) the following: (11) Pet The term pet means a domesticated animal, such as a dog, cat, bird, rodent, fish, turtle, horse, or other animal that is kept for pleasure rather than for commercial purposes. . 3. Emergency and transitional pet shelter and housing assistance grant program (a) In general The Secretary of Agriculture, acting in consultation with the Director of the Violence Against Women Office of the Department of Justice, the Secretary of Housing and Urban Development, and the Secretary of Health and Human Services, shall award grants under this section to eligible entities to carry out programs to provide the assistance described in subsection (c) with respect to victims of domestic violence, dating violence, sexual assault, or stalking and the pets of such victims. (b) Application (1) In general An eligible entity seeking 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 reasonably require, including— (A) a description of the activities for which a grant under this section is sought; (B) such assurances as the Secretary determines to be necessary to ensure compliance by the entity with the requirements of this section; and (C) a certification that the entity, before engaging with any individual domestic violence victim, will disclose to such victim any mandatory duty of the entity to report instances of abuse and neglect (including instances of abuse and neglect of pets). (2) Additional requirements In addition to the requirements of paragraph (1), each application submitted by an eligible entity under such paragraph shall— (A) not include proposals for any activities that may compromise the safety of a domestic violence victim, including— (i) background checks of domestic violence victims; or (ii) clinical evaluations to determine the eligibility of such a victim for support services; (B) not include proposals that would require mandatory services for victims or that a victim obtain a protective order in order to receive proposed services; and (C) reflect the eligible entity’s understanding of the dynamics of domestic violence, dating violence, sexual assault, or stalking. (3) Rules of construction Nothing in this subsection shall be construed to require— (A) domestic violence victims to participate in the criminal justice system in order to receive services; or (B) eligible entities receiving a grant under this section to breach client confidentiality. (c) Use of funds Grants awarded under this section may only be used for programs that provide— (1) emergency and transitional pet shelter and housing assistance, including assistance with respect to any construction or operating expenses of newly developed or existing emergency and transitional pet shelter and housing (regardless of whether such shelter and housing is co-located at a victim service provider or within the community); (2) short-term pet shelter and housing assistance, including assistance with respect to expenses incurred for the temporary shelter, housing, boarding, or fostering of the pets of domestic violence victims and other expenses that are incidental to securing the safety of such a pet during the sheltering, housing, or relocation of such victims; (3) support services designed to enable a domestic violence victim who is fleeing a situation of domestic violence, dating violence, sexual assault, or stalking to— (A) locate and secure safe housing with their pet or safe accommodation for their pet; or (B) provide the victim with pet-related services, such as pet transportation, pet care services, and other assistance; or (4) for the training of relevant stakeholders on— (A) the link between domestic violence, dating violence, sexual assault, or stalking and the abuse and neglect of pets; (B) the needs of domestic violence victims; (C) best practices for providing support services to such victims; (D) best practices for providing such victims with referrals to victims’ services; and (E) the importance of confidentiality. (d) Grant conditions An eligible entity that receives a grant under this section shall, as a condition on such receipt, agree— (1) to be bound by the nondisclosure of confidential information requirements of section 40002(b)(2) of the Violence Against Women Act of 1994 ( 42 U.S.C. 13925(b)(2) ); and (2) that the entity shall not condition the receipt of support, housing, or other benefits provided pursuant to this section on the participation of domestic violence victims in any or all of the support services offered to such victims through a program carried out by the entity using grant funds. (e) Duration of assistance provided to victims (1) In general Subject to paragraph (2), assistance provided with respect to a pet of a domestic violence victim using grant funds awarded under this section shall be provided for a period of not more than 24 months. (2) Extension An eligible entity that receives a grant under this section may extend the 24-month period referred to in paragraph (1) for a period of not more than 6 months in the case of a domestic violence victim who— (A) has made a good faith effort to acquire permanent housing for their pet during such 24-month period; and (B) has been unable to acquire such permanent housing within such period. (f) Report to the Secretary Not later than one year after the date on which an eligible entity receives a grant under this section and each year thereafter, such entity shall submit to the Secretary of Agriculture a report. Such report shall contain, with respect to assistance provided by such entity with respect to pets of domestic violence victims using grant funds received under this section, information on— (1) the number of pets provided such assistance; and (2) the purpose, amount, type of, and duration of such assistance. (g) Report to Congress (1) Reporting requirement Not later than November 1 of each even-numbered fiscal year, the Secretary of Agriculture shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that contains a compilation of the information contained in the report submitted under subsection (f). (2) Availability of report The Secretary of Agriculture shall transmit a copy of the report submitted under paragraph (1) to— (A) the Office on Violence Against Women of the Department of Justice; (B) the Office of Community Planning and Development at the United States Department of Housing and Urban Development; and (C) the Administration for Children and Families at the United States Department of Health and Human Services. (h) Authorization of appropriations (1) In general There are authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2015 through 2019. (2) Limitation Of the amount made available under paragraph (1) in any fiscal year, not more than 5 percent may be used for evaluation, monitoring, technical assistance, salaries, and administrative expenses. (i) Definitions In this section: (1) Domestic violence victim defined The term domestic violence victim means a victim of domestic violence, dating violence, sexual assault, or stalking. (2) Eligible entity The term eligible entity means— (A) a State; (B) a general unit of local government; (C) an Indian tribe; or (D) any other organization that has a documented history of effective work concerning domestic violence, dating violence, sexual assault, or stalking (as determined by the Secretary), including— (i) a domestic violence and sexual assault victim service provider; (ii) a domestic violence and sexual assault coalition; (iii) a community-based and culturally specific organization; (iv) any other nonprofit, nongovernmental organization; or (v) any organization that works directly with pets and collaborates with any organization referred to in clauses (i) through (iv), including— (I) an animal shelter; or (II) an animal welfare organization. 4. Sense of Congress It is the sense of Congress that States should encourage the inclusion of protections against violent or threatening acts against the pet of the person in domestic violence protection orders.
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113-hr-5268
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I 113th CONGRESS 2d Session H. R. 5268 IN THE HOUSE OF REPRESENTATIVES July 30, 2014 Mr. Gingrey of Georgia (for himself and Mrs. Blackburn ) introduced the following bill; which was referred to the Committee on House Administration A BILL To amend title 44, United States Code, to prohibit the assembly or manufacture of secure credentials or their component parts by the Government Printing Office.
1. Short title This Act may be cited as the Preventing Government Printing Overreach Act of 2014 . 2. Prohibiting assembly or manufacture of secure credentials or component parts by Government Printing Office (a) Prohibition (1) In general Chapter 5 of title 44, United States Code, is amended by adding at the end the following new section: 518. Prohibiting assembly or manufacture of secure credentials or component parts (a) Prohibition Except to the extent permitted under subsection (b), the Public Printer may not assemble or manufacture any secure credentials or the component parts of any such credential. (b) Exceptions Subsection (a) does not apply to the following activities: (1) Stitching security paper into an already assembled eCover for the Department of State, except that nothing in this paragraph may be construed to permit the Public Printer to manufacture a new polycarbonate data page or other secure credential within the ePassport. (2) Manufacturing NEXUS and SENTRI cards pursuant to any contract or purchase order which is in effect as of the date of the enactment of this section, but only until the earlier of— (A) the date on which the contract expires or the purchase order is filled; or (B) December 31, 2015. (3) Assembling or manufacturing any secure credentials specifically at the request of the Central Intelligence Agency or the National Security Agency for use in classified programs or activities. (4) Manufacturing identification badges for the Presidential Inauguration. (c) Secure Credential Defined The term secure credential means an identification document which includes component security parts (such as electronic storage capability, semiconductors, antennae, anti-counterfeiting technology, digital watermarks and other digital identifications, and specialized polycarbonate manufacturing) designed to authenticate the document or reduce the risk of the unauthorized replication or alteration of the document. . (2) Clerical amendment The table of sections for chapter 5 of such title is amended by adding at the end the following new item: 518. Prohibiting assembly or manufacture of secure credentials or component parts. . (b) Conforming Amendment Section 501 of such title is amended— (1) by striking and at the end of paragraph (1); (2) by striking the period at the end of paragraph (2) and inserting ; and ; and (3) by inserting after paragraph (2) the following new paragraph: (3) as provided in section 518. .
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113-hr-5269
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I 113th CONGRESS 2d Session H. R. 5269 IN THE HOUSE OF REPRESENTATIVES July 30, 2014 Ms. Speier (for herself, Mr. Meehan , Ms. Lee of California , Ms. Jackson Lee , Ms. Norton , and Ms. Chu ) introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Higher Education Act of 1965 to increase transparency and reporting on campus sexual violence, and for other purposes.
1. Short title This Act may be cited as the Hold Accountable and Lend Transparency on Campus Sexual Violence Act or the HALT Campus Sexual Violence Act . 2. Disclosure of Enforcement Actions (a) Disclosure of program reviews and open investigations The Department of Education Organization Act is amended— (1) in section 203(b) ( 20 U.S.C. 3413(b) ) by adding at the end the following: (3) The Assistant Secretary for Civil Rights shall make publicly available on the Department’s website, a list of institutions under investigation, and a copy of program reviews and resolution agreements entered into with the Secretary or Attorney General, under title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) or title IV of the Civil Rights Act of 1964 (42 U.S.C. 2000c et seq.). (4) Not later than 30 days after the termination of the resolution agreements described in paragraph (3), the Assistant Secretary for Civil Rights shall transmit to the Secretary, the President, and the Congress, and make publicly available on the Department’s website, the letter terminating the Department of Education's monitoring of such agreements. ; and (2) in section 205 ( 20 U.S.C. 3415 ) by adding at the end the following: (c) The Assistant Secretary for Postsecondary Education shall make publicly available on the Department’s website, a list of institutions under investigation, and a copy of the program reviews, fines levied, and resolution agreements entered into with the Secretary or Attorney General, under subsection 485(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(f) ). . (b) Inspector General No later than January 1, 2016, the Inspector General of the Department of Education shall submit to Congress and make publicly available, a report reviewing compliance of sections (3) and (4) of section 203(b) and section 205(c) of the Department of Education Organization Act ( 20 U.S.C. 3413(b) ; 2415), as added by subsection (a) of this section. 3. Authority to Levy Fines Section 203(c) of the Department of Education Organization Act is amended— (1) by striking and at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting ; and ; and (3) by adding at the end the following: (5) to impose a civil penalty to be paid by institution of higher education that has violated a law under the jurisdiction of the Office for Civil Rights, the amount of which shall be determined by the gravity of the violation, and the imposition of which shall not preclude other remedies available under Federal law. . 4. Climate surveys Paragraph (1) of section 485(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(f) ) is further amended by adding at the end the following: (K) Beginning October 1, 2016, statistics based upon a sexual violence climate survey conducted not later than April 1, 2015, and every year thereafter— (i) which is developed and approved by the Secretary, in consultation with the Director of the Centers for Disease Control of the Department of Health and Human Services and the Attorney General, except that the National Intimate Partner and Sexual Violence Survey developed by the National Center for Injury Prevention and Control of the Centers for Disease Control and Prevention may be used for purposes of this subparagraph until the sexual violence climate survey has been developed; and (ii) which assesses the occurrence on campus or in a noncampus building or property during the preceding calendar year for which data is available of— (I) instances of domestic violence, dating violence, sexual assault, and stalking; (II) indicators of discrimination, and positive and negative trends for intimate relationships regardless of gender or sexual orientation; (III) the effectiveness of campus policies designed to improve relationships between students regardless of gender or sexual orientation; (IV) the effectiveness of current processes for complaints on and investigations into sex-based, race-based, national origin-based, sexual-orientation based, gender-identity based, and disability-based harassment, assault, discrimination, domestic violence, dating violence, and stalking; (V) perpetration of domestic violence, dating violence, sexual assault, and stalking; and (VI) any other issues relating to sex-based, race-based, national origin-based, sexual-orientation based, gender-identity based, and disability-based discrimination, harassment, assault, domestic violence, dating violence, and assault, as appropriate. . 5. Creation of a private right of action Section 485(f)(14) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(f)(14) ) is amended to read as follows: (14) (A) Subject to subparagraph (C), an aggrieved individual may allege a violation of this subsection in a judicial proceeding. A court may award an aggrieved individual all appropriate relief, including equitable relief, compensatory damages, cost of the action, and remedial action. (B) This paragraph shall not be construed to preclude an aggrieved individual from obtaining other remedies under any other provision of law or to require such individual to exhaust any administrative complaint process or notice-of-claim requirement before seeking redress under this paragraph. (C) For actions brought pursuant to this paragraph, the statute of limitations period shall be determined in accordance with section 1658(a) of title 28, United States Code. The tolling of any such limitations period shall be determined in accordance with section 1979 of the Revised Statutes of the United States ( 42 U.S.C. 1983 ) in the forum State. . 6. Increase of Clery Act penalties Section 485(f)(13) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(f)(13) ) is amended— (1) by striking in the same amount and ; and (2) by inserting before the period at the end the following: , except that such section shall be applied by substituting $100,000 for $25,000 . 7. Notification of policies aimed at prevention of sexual violence (a) In general Paragraph (8) of section 485(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(f) ) is amended by adding at end the following: (D) The policy described in subparagraph (A) shall be— (i) using simple and understandable language and clear formatting; and (ii) made available and posted on the institution’s public website, and in conspicuous places in and around student housing, dormitories, and academic buildings where students are likely to see it. (E) The policy described in subparagraph (A) shall be provided, on an annual basis, to each student group, student team, or student organization which is part of such institution, is recognized by the institution, or permitted by the institution to use its name or facilities or is known by the institution to act as an unaffiliated student group, student team, or student organization, and each institution of higher education described in subparagraph (A) shall ensure that each such group, team, or organization distributes a copy of such policy to each of its members, plebes, pledges, or applicants for membership. (F) An institution’s compliance with subparagraph (E) with respect to an unaffiliated student group, student team, or student organization shall not constitute evidence of the institution's recognition or endorsement of such unaffiliated group, team, or organization. . (b) Comptroller review Not later than August 1, 2016, the Comptroller General of the United States shall report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate on— (1) the implementation of section 485(f)(8) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(f)(8) ), as amended by subsection (a) of this section, including— (A) the extent to which institutions of higher education have developed the statement of policy required under subparagraph (A) of such section 485(f)(8) (20 U.S.C. 1092(f)(8)); (B) how institutions of higher education are— (i) distributing such statement of policy; and (ii) determining whether the policy is received and understood by students; and (C) the Secretary of Education’s oversight of the compliance of institutions of higher education with respect to the statement of policy requirements under such section 485(f)(8) ( 20 U.S.C. 1092(f)(8) ), including efforts, in consultation with the Attorney General, to provide technical assistance to institutions of higher education in complying with such requirements; and (2) any changes in the numbers of sex offenses, sexual assaults, domestic violence, dating violence, sexual assault or stalking incidents reported to campus security authorities or local police agencies as indicated by the annual security reports distributed under paragraph (1) of section 485(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(f) ). 8. Campus sexual violence task force (a) Campus sexual violence task force Not later than 180 days after the date of enactment of this Act, the Secretary of Education and the Attorney General shall create a joint interagency task force to be known as the Campus Sexual Violence Task Force that shall— (1) provide pertinent information to the Secretary of Education, Attorney General, Congress, and the public with respect to campus sexual violence prevention, investigations, and responses, including the creation of a consistent, public complaint processes for violations of title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ) and section 485(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(f) et seq.); (2) provide guidance to institutions of higher education for establishing sexual assault prevention and response teams; (3) develop recommendations for institutions of higher education on providing survivor resources, including healthcare, rape kits, sexual assault nurse examiners, and confidential advocates on campus; (4) develop recommendations for best practices for responses and prevention with respect to sexual violence for educational institutions, taking into consideration an institution’s size and resources; (5) solicit input from survivors, advocates, institutions of higher education, and other public stakeholders; (6) review the Department of Education’s authority under section 902 of the Education Amendments of 1972 ( 20 U.S.C. 1682 ) to levy intermediate fines for noncompliance with title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ) and the advisability of additional remedies for such noncompliance, in addition to the remedies already available under Federal law; and (7) create a plan described in subsection (c). (b) Personnel details (1) Authority to detail Notwithstanding any other provision of law, the head of an element of any Federal agency that is funded under the Violence Against Women Act of 1994 (42 U.S.C. 13925 et seq.) may detail an officer or employee of such element to the Campus Sexual Violence Task Force or to the Secretary of Education to assist the Task Force with the duties described in subsection (a), as jointly agreed to by the head of such element and the Task Force. (2) Basis for detail A personnel detail made under paragraph (1) may be made— (A) for a period of not more than 3 years; and (B) on a reimbursable or nonreimbursable basis. (c) Additional plan Not later than 270 days after the date of enactment of this Act, the Campus Sexual Violence Task Force shall submit to Congress a plan for recruiting, retaining, and training a highly qualified workforce employed by the Department of Education to carry out investigation of complaints alleging a violation of title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ) or section 485(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(f) ), and enforcement of such title IX ( 20 U.S.C. 1681 et seq. ) or such section 485(f) ( 20 U.S.C. 1092(f) ), with respect to campus sexual violence. Such plan shall include— (1) an assessment of the capabilities of the current workforce carrying out such investigation and enforcement; (2) an examination of issues of recruiting, retention, and the professional development of such workforce, including the possibility of providing retention bonuses or other forms of compensation for the purpose of ensuring the Department of Education has the capacity, in both personnel and skills, needed to properly perform its mission and provide adequate oversight of educational institutions; (3) an assessment of the benefits of outreach and training with both law enforcement agencies and institutions of higher education with respect to such workforce; (4) developing best practices for interviewing and investigating sexual violence, including guidance on evidentiary standards for administrative responses; (5) an examination of best practices for making institutions of higher education aware of the most effective campus sexual violence prevention, investigation, and response practices and identifying areas where more research should be conducted; and (6) strategies for addressing such other matters as the Secretary of Education considers necessary to campus sexual violence prevention, investigation, and responses. (d) Annual report The Campus Sexual Violence Task Force shall report to Congress on an annual basis, and make publicly available, a report of its activities and any update of the plan required under subsection (c) ( 20 U.S.C. 1092(f) ), including the number of complaints received regarding sexual violence (including violence on the basis of sexual orientation and gender identity), the number of open investigations, the average time to complete an investigation, the number of investigations initiated based on complaints, and the number of investigations initiated by the Department of Education. (e) Authorization of appropriations (1) Title IX of the Education Amendments of 1972 There are authorized to be appropriated for training, hiring, and retaining a workforce exclusively dedicated to investigation and enforcement of title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ) provisions with respect to sexual violence, for fiscal year 2015 and each of the 4 succeeding fiscal years, an amount that is equal to the sum of the amounts appropriated for such purpose for fiscal year 2014 plus $5,000,000. (2) Section 485(f) of the Higher Education Act of 1965 There are authorized to be appropriated for training, hiring, and retaining a workforce exclusively dedicated to investigation and enforcement of section 485(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(f) ), for fiscal year 2015 and each of the 4 succeeding fiscal years, an amount that is equal to the sum of the amounts appropriated for such purpose for fiscal year 2014 plus $5,000,000. (f) Definitions In this section: (1) The term educational institution includes an institution of higher education, an elementary school, or a secondary school. (2) The terms elementary school 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 ). (3) 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). (4) The term sexual assault means offense that meets the definition of rape, fondling, incest, or statutory rape under— (A) the Uniform Crime Report of the Federal Bureau of Investigation; and (B) the proposed regulations published by the Department of Education in the Federal Register on June 20, 2014, for appendix A of subpart D of part 668, Code of Federal Regulations (79 Fed. Reg. 35461). 9. Conforming amendments Section 485(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(f) ) is amended— (1) in paragraph (1)(F)(i)(II), by striking sex offenses, forcible or nonforcible and inserting sexual assault ; and (2) by amending paragraph (6)(A)(v) to read as follows: (v) The term sexual assault has the meaning of an offense that meets the definition of rape, fondling, incest, or statutory rape under— (I) the Uniform Crime Report of the Federal Bureau of Investigation; and (II) the proposed regulations published by the Department of Education in the Federal Register on June 20, 2014, for appendix A of subpart D of part 668, Code of Federal Regulations (79 Fed. Reg. 35461). .
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113-hr-5270
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I 113th CONGRESS 2d Session H. R. 5270 IN THE HOUSE OF REPRESENTATIVES July 30, 2014 Mr. Garamendi (for himself and Mr. Hunter ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To promote the transportation of liquified natural gas from the United States on United States flag vessels, and for other purposes.
1. Short title This Act may be cited as the Growing American Shipping Act of 2014 . 2. Purpose With respect to the trade and maritime transportation of natural gas produced in the United States, it is the purpose of this Act to— (1) enhance the national security and port safety of the United States by encouraging to the maximum extent practicable the transport of liquified natural gas on United States flag vessels; (2) maintain the technological ability of the United States shipbuilding industry to build and repair vessels for the Navy and the Coast Guard by maintaining the critical industrial infrastructure and skilled human workforce necessary to build such vessels; and (3) ensure to the maximum extent practicable that all maritime personnel operating vessels transporting liquified natural gas to or from the United States are credentialed by the Coast Guard and qualified to hold a transportation security card. 3. Promotion of transportation of LNG from the United States on United States flag vessels (a) Program Section 304(a) of the Coast Guard and Maritime Transportation Act of 2006 ( Public Law 109–241 ; 33 U.S.C. 1503 note) is amended by inserting and from before the United States . (b) Amendment of Deepwater Port Act Section 4(i) of the Deepwater Port Act of 1974 ( 33 U.S.C. 1503(i) ) is amended by inserting before the period the following: or that will supply liquified natural gas to be exported on United States flag vessels .
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113-hr-5271
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I 113th CONGRESS 2d Session H. R. 5271 IN THE HOUSE OF REPRESENTATIVES July 30, 2014 Mr. Van Hollen (for himself, Mr. Cartwright , Mr. Lowenthal , Mr. Connolly , Mr. Blumenauer , Mr. Holt , Ms. Norton , Mr. Grijalva , Mr. Welch , and Mr. Thompson of California ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To cap the emissions of greenhouse gases through a requirement to purchase carbon permits, to distribute the proceeds of such purchases to eligible individuals, and for other purposes.
1. Short title This Act may be cited as the Healthy Climate and Family Security Act of 2014 . 2. Findings The Congress finds the following: (1) Carbon dioxide and other greenhouse gas emissions continue to rise, with CO 2 in the atmosphere reaching 400 parts per million in 2013 for the first time in human history. (2) The warming of our planet has led to more frequent, dangerous and expensive extreme weather events, including heat waves, storms, fires, droughts, floods and tornadoes. (3) More than 97 percent of climate scientists agree that our planet is warming, primarily because of the extraction and burning of fossil fuels. (4) The atmosphere is a common resource that belongs equally to all. (5) Stabilizing the climate can and must be done in a way that supports vibrant economic growth and a thriving middle class. (6) Legislation to address climate change and accelerate the transition to a clean energy economy must be fair, transparent and built to last. 3. Auction of carbon permits and distribution of Healthy Climate Dividends (a) In general The Internal Revenue Code of 1986 is amended by adding at the end the following new subtitle: L Auction of Carbon Permits and Distribution of Healthy Climate Dividends Chapter 101. Cap and Dividend Program Rules. Chapter 102. Healthy Climate Dividends. Chapter 103. Border Adjustments. 101 Cap and Dividend Program Rules Sec. 9901. Definitions. Sec. 9902. Carbon permits. Sec. 9903. Auctions. Sec. 9904. Compliance obligation. Sec. 9905. Penalty for noncompliance. Sec. 9906. Carbon capture and sequestration. Sec. 9907. Trading. Sec. 9908. Banking and borrowing. 9901. Definitions For purposes of this subtitle: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Carbon permit The term carbon permit means a carbon permit established by the Secretary under section 9902(a). (3) Covered entity The term covered entity means— (A) in the case of crude oil— (i) a refinery operating in the United States which is designed to serve the primary purpose of processing liquid fuel from crude oil, and (ii) any importer of any petroleum or petroleum product (not including crude oil) into the United States, (B) in the case of coal— (i) any coal mine operating in the United States, and (ii) any importer of coal into the United States, and (C) in the case of natural gas— (i) any person required to submit a report to the Energy Information Agency on Form 176 by reason of delivering natural gas to an end user, and (ii) any natural gas processor not described in clause (i) with respect to sales of natural gas in the United States. (4) Covered fuel The term covered fuel means crude oil, natural gas, coal, or any other product derived therefrom for use as a combustible fuel offered for sale in United States markets. (5) Crude oil The term crude oil includes crude oil condensates, natural gasoline, shale oil, any bitumen or bituminous mixture, any oil derived from a bitumen or bituminous mixture, and any oil derived from kerogen-bearing sources. (6) Fair market value The term fair market value means the average auction price for carbon permits during the 4 quarters immediately preceding a failure to surrender, when required under section 9904, the required number of carbon permits under such section. (7) State The term State means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other commonwealth, territory, or possession of the United States. (8) Vintage year The term vintage year means the calendar year for which a carbon permit is established under section 9902. 9902. Carbon permits (a) In general The Secretary, in consultation with the Administrator, shall establish a separate quantity of carbon permits for calendar year 2015 and each calendar year thereafter, as set forth under subsection (b). (b) Emissions reduction schedule (1) In general The quantity of carbon permits established by the Secretary, in consultation with the Administrator, under subsection (a) for any calendar year before 2050 that is between the nearest target years specified in paragraph (2) preceding and succeeding such calendar year shall be the quantity of such permits that represents an equal, pro rata reduction from the preceding year to the succeeding year. (2) Targets (A) Initial target The quantity of carbon permits established for 2016 shall be equal to 10 percent less than the number of metric tons of carbon dioxide emitted in the United States in 2005. (B) Decadal targets The quantity of carbon permits established for— (i) 2020 shall be equal to 20 percent less than the number of metric tons of carbon dioxide emitted in the United States in 2005; (ii) 2025 shall be equal to 30 percent less than the number of metric tons of carbon dioxide emitted in the United States in 2005; (iii) 2030 shall be equal to 40 percent less than the number of metric tons of carbon dioxide emitted in the United States in 2005; (iv) 2035 shall be equal to 50 percent less than the number of metric tons of carbon dioxide emitted in the United States in 2005; (v) 2040 shall be equal to 60 percent less than the number of metric tons of carbon dioxide emitted in the United States in 2005; (vi) 2045 shall be equal to 70 percent less than the number of metric tons of carbon dioxide emitted in the United States in 2005; and (vii) 2050 shall be equal to 80 percent less than the number of metric tons of carbon dioxide emitted in the United States in 2005. (3) Reports (A) Calendar year 2048 In 2048 the Secretary, after consultation with the Administrator, will submit a report to Congress making recommendations concerning the program established under this subtitle for years after 2050, including the quantity of carbon permits to be established and any reductions that may be necessary to ensure a healthy climate. (B) Averting catastrophic climatic impact The Secretary shall report to Congress if the Secretary, after consultation with the Administrator, determines the emissions reductions targets under this subsection should be revised in order to avert catastrophic climate impacts. Such report shall include recommended revisions to the existing emissions reduction schedule and the basis for those recommendations. (c) Identification numbers The Secretary shall assign to each carbon permit established under subsection (a) a unique identification number that includes the vintage year for that carbon permit. (d) Legal status of carbon permits (1) In general A carbon permit does not constitute a property right. (2) Termination or limitation Nothing in this subtitle or any other provision of law shall be construed to limit or alter the authority of the United States, including the Secretary acting pursuant to statutory authority, to terminate or limit a carbon permit. (3) Other provisions unaffected Nothing in this subtitle relating to carbon permits issued under this section shall affect the application of any other provision of law to a covered entity (including the Clean Air Act), or the responsibility for a covered entity to comply with any such provision of law. Regional and State greenhouse gas initiatives are not preempted by this subtitle. (e) Regulations Not later than June 30, 2015, the Secretary shall promulgate regulations to carry out the provisions of this subtitle. 9903. Auctions (a) Periodic auctions The Secretary shall conduct periodic public auctions of carbon permits established under section 9902(a). The Secretary shall conduct at least 4 such auctions in each year for which carbon permits are established. (b) Auction rules The Secretary shall— (1) limit auction participation only to covered entities; (2) establish a limit on the amount of carbon permits that can be purchased by a single entity at each auction and an aggregate limit on the total amount of permits that can be held by a single entity at any one time that— (A) reflects anticipated sector and participant demand; (B) prevents speculation, manipulation, or hoarding of permits; and (C) does not interfere with normal market competition; and (3) have the authority to set a minimum permit price at auction. (c) Unsold permits Any carbon permit unsold at auction may be offered at the next quarterly auction in the calendar year. Any carbon permit unsold after the last auction for a calendar year shall be transferred to the reserve established under section 9908. 9904. Compliance obligation (a) In general Not later than April 1, 2017, and April 1 of each year thereafter, a covered entity shall surrender to the Secretary a quantity of carbon permits at least as great as the number of metric tons of carbon dioxide that the Secretary, in consultation with the Administrator, determines would be emitted by the combustion of covered fuels with respect to which the covered entity made the first sale in United States markets during the previous calendar year. (b) Use treated as sale For purposes of subsection (a), consumption for an emitting use by the covered entity of covered fuels produced by the covered entity shall be treated as a first sale. (c) Exemption A covered entity shall not have to surrender a carbon permit for the sale of a covered fuel consumed for a non-emitting use, as defined and verified by the Secretary in consultation with the Administrator, unless such covered fuel is sold to a person issued carbon permits under section 9906. 9905. Penalty for noncompliance (a) In general Any covered entity that fails for any year to surrender, by the deadline described in section 9904, one or more of the carbon permits due pursuant to such section shall be liable for payment to the Secretary of a penalty in the amount described in subsection (b). (b) Amount The amount of a penalty required to be paid under subsection (a) shall be equal to the product obtained by multiplying— (1) the number of carbon permits that the covered entity failed to surrender by the deadline; by (2) 3 times the fair market value of carbon permits issued for emissions occurring in the calendar year for which the carbon permits were due. (c) Timing A penalty required under this section shall be immediately due and payable to the Secretary, without demand, in accordance with regulations promulgated by the Secretary, which shall be issued not later than 1 year after the date of enactment of this subtitle. (d) No effect on liability A penalty due and payable by the covered entity under this section shall not diminish the liability of the covered entity for any fine, penalty, or assessment against the covered entity for the same violation under any other provision of law. (e) Penalty not deductible No deduction shall be allowed under subtitle A for a penalty paid under this section. 9906. Carbon capture and sequestration (a) In general The Secretary shall issue a carbon permit to any person who the Secretary, in consultation with the Administrator, determines has safely and verifiably captured and sequestered carbon dioxide from the combustion of covered fuels in the United States. (b) Quantity The quantity of each permit issued under subsection (a) shall be in the amount equivalent to the number of metric tons of carbon dioxide so captured and sequestered. (c) Coordination The quantity of permits issued under this section shall be in addition to the quantity of permits established under section 9902(a). 9907. Trading (a) Permitted transactions The lawful holder of a carbon permit may— (1) hold the carbon permit, subject to the limits established by the Secretary under section 9903(b)(2); or (2) sell, exchange, or transfer the carbon permit to a covered entity consistent with the limits established by the Secretary under section 9903(b)(2). (b) Effectiveness of carbon permit transfers No transfer of a carbon permit shall be effective until a written certification of the transfer, signed by a responsible official of the transferor, is received and recorded by the Secretary in accordance with regulations promulgated under section 9902(e). (c) Carbon permit tracking system The regulations promulgated under section 9902(e) shall include a system for issuing, recording, holding, and tracking carbon permits that shall specify all necessary procedures and requirements for an orderly and competitive functioning of the carbon permit system. Such regulations shall provide for appropriate publication of the information in the system on the Internet. 9908. Banking and borrowing (a) Banking A carbon permit may be used to meet the compliance obligation requirements of section 9904 for emissions in— (1) the vintage year for the carbon permit; or (2) any calendar year subsequent to the vintage year for the carbon permit in accordance with subsection (b). (b) Reserve The Secretary shall establish a reserve for carbon permits. Carbon permits transferred into the reserve shall be available in the manner determined by the Secretary when the Secretary determines that price point for carbon permits determined under subsection (d) is met and additional carbon permit supply is needed to stabilize the auction price. Permits in the reserve shall be used on a first in, first out basis. (c) Expiration A carbon permit shall not expire unless— (1) it is surrendered to the Secretary under section 9904 or section 9907(a)(3); (2) it has remained in the reserve for 5 years after being transferred into the reserve; or (3) the Secretary determines by regulation that expiration is necessary to ensure the authenticity and integrity of carbon permits or the carbon permit tracking system. (d) Borrowing future vintage year carbon permits (1) In general If the auction price for carbon permits increases by more than 50 percent above the average auction price for carbon permits during the preceding two years (or, if before the third year for which auctions are conducted, the average auction price for carbon permits during the preceding auctions), the Secretary shall auction as many additional carbon permits as are necessary to stabilize the auction price. (2) Special rules (A) Coordination with reserve Additional permits may not be auctioned under paragraph (1) until after all available permits in the reserve for carbon permits established under subsection (b) have been used. (B) Reduction in vintage year permits Any carbon permits made available under this subsection shall result in an equivalent reduction in the aggregate amount of carbon permits made available in vintage years 2030 through 2050 as set forth in section 9902, and the Secretary shall reduce the number of carbon permits by an equal percentage in each of those vintage years. 102 Healthy Climate Dividends Sec. 9911. Healthy Climate Trust Fund. Sec. 9912. Healthy Climate Dividend Payments. Sec. 9913. Transparency. 9911. Healthy Climate Trust Fund (a) Establishment There is established in the Treasury of the United States a trust fund to be known as the Healthy Climate Trust Fund , consisting of such amounts as may be appropriated to such trust fund as provided for in this section. (b) Transfers (1) Proceed amounts There are appropriated to the Healthy Climate Trust Fund amounts equivalent to funds received as proceeds under section 9903. (2) Penalty amounts There are appropriated to the Healthy Climate Trust Fund amounts equivalent to funds received as penalties under section 9905. (c) Expenditures (1) Administrative expenses Such amounts as may be necessary from the Healthy Climate Trust Fund shall be available to pay the administrative expenses necessary to carry out this section for each month, but not exceeding the amount of interest credited to the trust fund under section 9602. (2) Healthy Climate Dividend Payments Amounts in the Healthy Climate Trust Fund not used under paragraph (1) for any month shall be available for making Healthy Climate Dividend Payments under section 9912. 9912. Healthy Climate Dividend Payments (a) In general For purposes of this section: (1) Healthy Climate Dividend Payment The term Healthy Climate Dividend Payment means the individual pro-rata share, as determined by the Secretary, of amounts available for any quarter in the Healthy Climate Trust Fund under section 9911(c)(2). For purposes of the preceding sentence, the amounts available for any quarter shall be the fraction of the total amount made available from an auction conducted under section 9903— (A) the numerator of which is 1, and (B) the denominator of which is the number of quarters in the period beginning with the quarter in which such auction is conducted and ending with the quarter before the quarter in which the next such auction is scheduled to be conducted. (2) Eligible individual (A) In general The term eligible individual means, with respect to any quarter, any individual with a valid social security number (other than a nonresident alien individual) who is lawfully present in the United States for such quarter, as determined and verified by the Secretary in consultation with any other Federal entity the Secretary determines appropriate. (B) Opt out An individual may elect not to be treated as an eligible individual. (b) Payment of Healthy Climate Dividend From amounts made available under section 9911(c)(2), the Secretary shall make a Healthy Climate Dividend Payment not later than the end of the calendar quarter following the calendar quarter in which such amounts are appropriated to the Healthy Climate Trust Fund under section 9911 to each individual who is an eligible individual for that quarter. Such payments shall be made by electronic means to the maximum extent practicable. (c) Exclusion from gross income Gross income shall not include any Healthy Climate Dividend paid under this section. (d) Regulations The Secretary shall prescribe such regulations and other guidance as may be necessary or appropriate to carry out this section. 9913. Transparency (a) Report to Congress Not later than February 1, 2017, and at least annually thereafter, the Secretary shall transmit to Congress a report accounting for the disposition of amounts in the Healthy Climate Trust Fund in the previous calendar year. (b) Healthy Climate Trust Fund Website Not later than 90 days after the date of the enactment of this subtitle, the Secretary shall establish and maintain a website to provide the public with information on the disposition of any amounts in the Healthy Climate Trust Fund. 103 Border Adjustments Sec. 9921. Carbon equivalency fee. Sec. 9922. Definitions. Sec. 9923. Sense of Congress. 9921. Carbon equivalency fee (a) Imports The Secretary shall impose carbon equivalency fees to be collected by the Commissioner responsible for U.S. Customs and Border Control on imports of carbon-intensive goods. The amount of the carbon equivalency fee shall be equal to the cost that domestic producers of a comparable carbon-intensive good incur as a result of— (1) prices paid in the acquisition of carbon permits by covered entities under this subtitle; and (2) carbon equivalency fees paid by importers of carbon-intensive goods used in the production of the comparable carbon-intensive good. (b) Payments to Exporters The Secretary shall pay without interest to persons exporting from the United States carbon-intensive goods produced in the United States. The amount of the payment shall be equal to the cost that domestic producers of the carbon-intensive good incur as a result of— (1) prices paid in the acquisition of carbon permits by covered entities under this subtitle; and (2) carbon equivalency fees paid by importers of carbon-intensive goods used in the production of the comparable carbon-intensive good. (c) Expiration This section shall cease to have effect at such time as and to the extent that— (1) an international agreement requiring countries that emit greenhouse gases and produce carbon-intensive goods for export markets to adopt equivalent measures comes into effect; or (2) the country of export has implemented equivalent measures, as determined by the Secretary, in consultation with the Secretary of State. 9922. Definitions In this chapter: (1) Carbon-intensive good The term carbon-intensive good means a good that, as identified by the Secretary, in consultation with the Administrator, by rule— (A) is a primary product; or (B) is a manufactured item in which one or more primary products are inputs and the cost of production of which in the United States is significantly increased by reason of the requirements under this subtitle. (2) Primary product The term primary product means— (A) iron, steel, steel mill products (including pipe and tube), aluminum, cement, glass (including flat, container, and specialty glass and fiberglass), pulp, paper, chemicals, or industrial ceramics; and (B) any other manufactured product that the Secretary, in consultation with the Administrator, determines— (i) is sold for purposes of further manufacture; and (ii) generates, in the course of the manufacture of the product, direct and indirect greenhouse gas emissions that are comparable (on an emissions-per-dollar of output basis) to emissions generated in the manufacture or production of a primary product identified in subparagraph (A). (3) Equivalent measure The term ‘equivalent measure’ means a tax, or other regulatory requirement that imposes a cost, on manufacturers of carbon-intensive goods located outside the United States, by reason of greenhouse gas emissions in the production of such goods by such manufacturers, approximately equal to the cost imposed by this subtitle on manufacturers of comparable carbon-intensive goods located in the United States. 9923. Sense of Congress It is the sense of Congress that the United States should work proactively under the United Nations Framework Convention on Climate Change and in other appropriate fora, to establish binding agreements committing all major greenhouse gas emitting countries and countries with globally competitive producers of carbon-intensive goods to contribute equitably to the reduction of global greenhouse gas emissions on a schedule and order of magnitude necessary to stabilize the climate. . (b) Clerical Amendment The table of subtitles for the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Subtitle L. Auction of Carbon Permits and Distribution of Healthy Climate Dividends. . 4. Non-auction greenhouse gases (a) Definitions In this section: (1) The term Administrator means the Administrator of the Environmental Protection Agency. (2) The term non-auction greenhouse gas refers to the gases included on the list in effect under subsection (b). (b) List of non-Auction greenhouse gases (1) Initial list Not later than 2 years after the date of the enactment of this Act, the Administrator, by rule, shall finalize and publish a list that— (A) consists of the anthropogenically emitted gases that are determined by the Administrator to contribute to global warming; and (B) excludes gases to the extent they are— (i) carbon dioxide emitted by the combustion of a covered fuel (as such term is defined in section 9901 of the Internal Revenue Code of 1986, as added by section 3(a) of this Act); or (ii) directly attributable to the production of animals for food or food products. (2) Updates The Administrator shall periodically review and, as appropriate, update the list under paragraph (1). (c) Regulations (1) In general Under the authorities vested in the Administrator by the Clean Air Act ( 42 U.S.C. 7401 et seq. ) and any other applicable law (other than this section), the Administrator shall promulgate regulations addressing the contribution of non-auction greenhouse gases to global warming. (2) International competitiveness In promulgating regulations under this subsection, the Administrator shall take into consideration the effect of such regulations on the international competitiveness of businesses and industries of the United States. (d) Schedule (1) In general The regulations under subsection (c) shall ensure that— (A) not later than 4 years after the date of enactment of this Act, requirements take effect to regulate sources which, collectively, emit not less than 25 percent of non-auction greenhouse gases emitted in the United States; (B) not later than 6 years after the date of enactment of this Act, requirements take effect to regulate sources which, collectively, emit not less than 50 percent of non-auction greenhouse gases emitted in the United States; (C) not later than 8 years after the date of enactment of this Act, requirements take effect to regulate sources which, collectively, emit not less than 75 percent of non-auction greenhouse gases emitted in the United States; and (D) not later than 10 years after the date of enactment of this Act, requirements take effect to regulate sources which, collectively, emit 100 percent of non-auction greenhouse gases emitted in the United States. (2) Baseline The percentages specified in paragraph (1) shall be applied relative to the aggregate quantity of non-auction greenhouse gases emitted in the United States during the calendar year in which the initial list under subsection (b)(1) is required to be finalized by such subsection. (e) Priorities In determining priorities for regulating the emissions of non-auction greenhouse gases under subsection (c), the Administrator shall consider— (1) the degree to which the gases involved contribute to global warming; and (2) the speed with which a given reduction would contribute to stabilizing the climate. (f) Citizen suits The provisions of section 304 of the Clean Air Act ( 42 U.S.C. 7604 ) shall apply with respect to a violation of a requirement under this section, or the failure of the Administrator to perform a non-discretionary act or duty under this section, to the same extent and in the same manner as such provisions apply with respect to a violation described in subsection (a) of such section 304 or a failure to perform a non-discretionary act or duty described in such subsection. (g) Report to Congress Not later than 2 years after the date of the enactment of this Act, the Administrator shall submit a report to the Congress identifying any additions or modifications to statutory provisions which are needed for the Administrator to effectively address the contribution of non-auction greenhouse gases to global warming. 5. Disclosure of information (a) Limited disclosure of identity Subsection (l) of section 6103 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (23) Limited disclosure of identity information relating to Healthy Climate Dividend Payments (A) Department of the Treasury Individual identity information shall, without written request, be open to inspection by or disclosure to officers and employees of the Department of the Treasury whose official duties require such inspection or disclosure for purposes of section 9912. (B) Commissioner of Social Security The Commissioner of Social Security shall, on written request, disclose to officers and employees of the Department of the Treasury individual identity information which has been disclosed to the Social Security Administration as provided by paragraph (1) or (5). (C) Restriction on disclosure Information disclosed under this paragraph shall be disclosed only for purposes of, and to the extent necessary in, carrying out section 9912. . (b) Conforming amendments Section 6103(p)(3)(A) of the Internal Revenue Code of 1986 is amended by striking or (18) and inserting , (23), or (21) . 6. Effective date The amendments made by this Act shall take effect on the date of the enactment of this Act.
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113-hr-5272
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I 113th CONGRESS 2d Session H. R. 5272 IN THE HOUSE OF REPRESENTATIVES July 30, 2014 Mrs. Blackburn introduced the following bill; which was referred to the Committee on the Judiciary A BILL To prohibit certain actions with respect to deferred action for aliens not lawfully present in the United States, and for other purposes.
1. Prohibitions relating to deferred action Unless explicitly authorized by law, no agency or instrumentality of the Federal Government may issue after July 30, 2014, guidance, memorandums, regulations, policies, or other similar instruments the effect of which is— (1) to modify, in any manner that would expand the number of aliens eligible for deferred action, the Executive memorandum dated June 15, 2012, concerning deferred action for childhood arrivals; (2) to newly authorize deferred action for any class of aliens not in lawful immigration status in the United States; or (3) to newly 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 laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))), except that this subparagraph shall not apply to an alien who is paroled under section 212(d)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5) ) or permitted to land temporarily as an alien crewman; and (B) is not lawfully present in the United States.
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113-hr-5273
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I 113th CONGRESS 2d Session H. R. 5273 IN THE HOUSE OF REPRESENTATIVES July 30, 2014 Mr. Barber introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to expand the authority of veterans to transfer entitlement to Post-9/11 Educational Assistance to dependents.
1. Short title This Act may be cited as the Post-9/11 Veterans Education Fairness Act . 2. Expansion of authority of veterans to transfer entitlement to Post-9/11 Educational Assistance to dependents (a) Transfer authorized Subsection (b) of section 3319 of title 38, United States Code, is amended to read as follows: (b) Eligible individuals An individual referred to in subsection (a) is an individual who, at the time of the approval of the individual's request to transfer entitlement to educational assistance under this section, meets any of the following: (1) With respect to a member of the uniformed services, has completed at least— (A) six years of service in the Armed Forces and enters into an agreement to serve at least four more years as a member of the uniformed services; or (B) the years of service as determined in regulations pursuant to subsection (j). (2) With respect to a former member who is entitled to retired pay by reason of service in the uniformed services (or would be so entitled but for the fact that the member has not attained a certain age), is entitled to educational assistance under this chapter by reason of paragraph (1) or (2) of section 3311(b) of this title. (3) With respect to a former member of a reserve component, is entitled to educational assistance under this chapter by reason of paragraph (1) or (2) of section 3311(b) of this title. . (b) Time for Transfer Subsection (f)(1) of such section is amended to read as follows: (1) Time for Transfer (A) Members Subject to the time limitation for use of entitlement under section 3321, an individual described in subsection (b)(1) who is approved to transfer entitlement to educational assistance under this section may transfer such entitlement only while serving as a member of the Armed Forces when the transfer is executed. (B) Former members Subject to the time limitation for use of entitlement under section 3321, an individual described in paragraph (2) or (3) of subsection (b) who is approved to transfer entitlement to educational assistance under this section may transfer such entitlement only during the 15-year period beginning on the date of the last discharge or release of the individual from the uniformed services. . (c) Effective date The amendments made by this Act shall take effect 180 days after the date of the enactment of this Act.
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113-hr-5274
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I 113th CONGRESS 2d Session H. R. 5274 IN THE HOUSE OF REPRESENTATIVES July 30, 2014 Ms. Bordallo (for herself and Mr. Faleomavaega ) 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 allow voluntary agreements for Social Security and Medicare coverage of employees of Guam and American Samoa.
1. Voluntary agreements for Social Security and Medicare coverage of employees of Guam and American Samoa Section 218(b)(1) of the Social Security Act ( 42 U.S.C. 418(b)(1) ) is amended by striking , Guam, or American Samoa .
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113-hr-5275
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I 113th CONGRESS 2d Session H. R. 5275 IN THE HOUSE OF REPRESENTATIVES July 30, 2014 Mr. Cohen (for himself, Mrs. Kirkpatrick , and Mr. Ellison ) 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 increase the amount of loan forgiveness for which teachers in teacher shortage areas are eligible.
1. Short title This Act may be cited as the Maximizing Opportunities and Retaining Experienced Teachers Act or the MORE Act . 2. Loan forgiveness for teachers in teacher shortage areas (a) FFEL Loans Section 428J of the Higher Education Act of 1965 ( 20 U.S.C. 1078–10 ) is amended— (1) in subsection (c), by adding at the end the following: (4) Additional amounts for teachers in teacher shortage areas Notwithstanding the amount specified in paragraph (1), the aggregate amount that the Secretary shall repay under this section shall be not more than $17,500 in the case of an elementary school or secondary school teacher who meets the requirements of subsection (b), except that in lieu of being employed in a school or location described in paragraph (1)(A) of subsection (b), the teacher has been employed in a teacher shortage area (as defined in section 682.210(q)(5) of title 34, Code of Federal Regulations (as in effect on the date of enactment of the Maximizing Opportunities and Retaining Experienced Teachers Act)). ; and (2) in subsection (g)(1)(A), by inserting or subsection (c)(4) after subsection (b)(1)(A) . (b) Federal Direct Loans Section 460 of the Higher Education Act of 1965 ( 20 U.S.C. 1087j ) is amended— (1) in subsection (c), by adding at the end the following: (4) Additional amounts for teachers in teacher shortage areas Notwithstanding the amount specified in paragraph (1), the aggregate amount that the Secretary shall repay under this section shall be not more than $17,500 in the case of an elementary school or secondary school teacher who meets the requirements of subsection (b), except that in lieu of being employed in a school or location described in paragraph (1)(A) of subsection (b), the teacher has been employed in a teacher shortage area (as defined in section 682.210(q)(5) of title 34, Code of Federal Regulations (as in effect on the date of enactment of the Maximizing Opportunities and Retaining Experienced Teachers Act)). ; and (2) in subsection (g)(1)(A), by inserting or subsection (c)(4) after subsection (b)(1)(A) .
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113-hr-5276
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I 113th CONGRESS 2d Session H. R. 5276 IN THE HOUSE OF REPRESENTATIVES July 30, 2014 Mr. Crowley (for himself and Mr. Paulsen ) 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 treat bicycle sharing systems as mass transit facilities for purposes of the qualified transportation fringe.
1. Short title This Act may be cited as the Bike to Work Act of 2014 . 2. Bicycle Sharing Systems Treated as Mass Transit Facilities (a) In General Section 132(f)(5) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (G) Bicycle Sharing Systems Treated as Mass Transit Facilities (i) In General A bicycle sharing system shall be treated as a mass transit facility for purposes of subparagraph (A)(i). (ii) Bicycle Sharing System The term bicycle sharing system means a public transportation system— (I) consisting of a network of stations at which bicycles are made available to customers for commuting and short-term, point-to-point use within the network’s service area; and (II) that is operated or authorized by a government agency or public-private partnership. . (b) Effective date The amendment made by this section shall apply to months beginning after the date of the enactment of this Act.
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113-hr-5277
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I 113th CONGRESS 2d Session H. R. 5277 IN THE HOUSE OF REPRESENTATIVES July 30, 2014 Mrs. Davis of California introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Higher Education Act of 1965 to require institutions of higher education to have an independent advocate for campus sexual assault prevention and response.
1. Short title This Act may be cited as the Survivor Outreach and Support Campus Act or the SOS Campus Act . 2. Independent advocate for campus sexual assault prevention and response Part B of title I of the Higher Education Act of 1965 ( 20 U.S.C. 1011 et seq. ) is amended by adding at the end the following: 124. Independent advocate for campus sexual assault prevention and response (a) Advocate (1) In general (A) Designation Each institution of higher education that receives Federal financial assistance under title IV shall designate an independent advocate for campus sexual assault prevention and response (referred to in this section as the Advocate ) who shall be appointed based on experience and a demonstrated ability of the individual to effectively provide sexual assault victim services. (B) Notification of existence of and information for the advocate Each employee of an institution described in subparagraph (A) who receives a report of sexual assault shall notify the victim of the existence of, contact information for, and services provided by the Advocate of the institution. (C) Appointment Not later than 180 days after the date of enactment of the Survivor Outreach and Support Campus Act , the Secretary shall prescribe regulations for institutions to follow in appointing Advocates under this section. At a minimum, each Advocate shall report to an individual outside the body responsible for investigating and adjudicating sexual assault complaints at the institution and shall submit to such individual an annual report summarizing how the resources supplied to the Advocate were used, including the number of male and female sexual assault victims assisted. (2) Role of the advocate In carrying out the responsibilities described in this section, the Advocate shall represent the interests of the student victim even when in conflict with the interests of the institution. (b) Sexual assault In this section, the term sexual assault means penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim, including when the victim is incapable of giving consent. (c) Responsibilities of the advocate Each Advocate shall carry out the following, regardless of whether the victim wishes the victim's report to remain confidential: (1) (A) Ensure that victims of sexual assault at the institution receive, with the victim’s consent, the following sexual assault victim’s assistance services available 24 hours a day: (i) Information on how to report a campus sexual assault to law enforcement. (ii) Emergency medical care, including follow up medical care as requested. (iii) Medical forensic or evidentiary examinations. (B) Ensure that victims of sexual assault at the institution receive, with the victim’s consent, the following sexual assault victim’s assistance services: (i) Crisis intervention counseling and ongoing counseling. (ii) Information on the victim’s rights and referrals to additional support services. (iii) Information on legal services. (C) The services described in subparagraphs (A) and (B) may be provided either— (i) on the campus of the institution in consultation with a rape crisis center, legal organization, or other community-based organization; or (ii) pursuant to a memorandum of understanding (that includes transportation services), at a rape crisis center, legal organization, or other community-based organization located within a reasonable distance from the institution. (D) A victim of sexual assault may not be disciplined, penalized, or otherwise retaliated against for reporting such assault to the Advocate. (2) Guide victims of sexual assault who request assistance through the reporting, counseling, administrative, medical and health, academic accommodations, or legal processes of the institution or local law enforcement. (3) Attend, at the request of the victim of sexual assault, any administrative or institution-based adjudication proceeding related to such assault as an advocate for the victim. (4) Maintain the privacy and confidentiality of the victim and any witness of such sexual assault, and shall not notify the institution or any other authority of the identity of the victim or any such witness or the alleged circumstances surrounding the reported sexual assault, unless otherwise required by the applicable laws in the State where such institution is located. (5) Conduct a public information campaign to inform the students enrolled at the institution of the existence of, contact information for, and services provided by the Advocate, including— (A) posting information— (i) on the website of the institution; (ii) in student orientation materials; and (iii) on posters displayed in dormitories, cafeterias, sports arenas, locker rooms, entertainment facilities, and classrooms; and (B) training coaches, faculty, school administrators, resident advisors, and other staff to provide information on the existence of, contact information for, and services provided by the Advocate. (d) Clery Act and title IX Nothing in this section shall alter or amend the rights, duties, and responsibilities under section 485(f) or title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) (also known as the Patsy Takemoto Mink Equal Opportunity in Education Act). .
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113-hr-5278
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I 113th CONGRESS 2d Session H. R. 5278 IN THE HOUSE OF REPRESENTATIVES July 30, 2014 Ms. DeLauro (for herself, Mr. Doggett , and Mr. Levin ) 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 prohibit the award of Federal Government contracts to inverted domestic corporations, and for other purposes.
1. Short title This Act may be cited as the No Federal Contracts for Corporate Deserters Act of 2014 . 2. Prohibition on awarding contracts to inverted domestic corporations (a) Civilian contracts (1) In general Chapter 47 of title 41, United States Code, is amended by adding at the end the following new section: 4713. Prohibition on awarding contracts to inverted domestic corporations (a) Prohibition (1) In general The head of an executive agency may not award a contract to— (A) any foreign incorporated entity that such head has determined is an inverted domestic corporation or any subsidiary of such entity; or (B) any joint venture if more than 10 percent of the joint venture (by vote or value) is held by a foreign incorporated entity that such head has determined is an inverted domestic corporation or any subsidiary of such entity. (2) Subcontracts (A) In general The head of an executive agency shall include in each contract awarded by the executive agency with a value in excess of $10,000,000, other than a contract for exclusively commercial items, a clause that prohibits the prime contractor on such contract from— (i) awarding a first-tier subcontract with a value greater than 10 percent of the total value of the prime contract to an entity or joint venture described in paragraph (1); or (ii) structuring subcontract tiers in a manner designed to avoid the limitation in paragraph (1) by enabling an entity or joint venture described in paragraph (1) to perform more than 10 percent of the total value of the prime contract as a lower-tier subcontractor. (B) Penalties The contract clause included in contracts pursuant to subparagraph (A) shall provide that, in the event that the prime contractor violates the contract clause— (i) the prime contract may be terminated for default; and (ii) the matter may be referred to the suspension or debarment official for the appropriate agency and may be a basis for suspension or debarment of the prime contractor. (b) Inverted domestic corporation (1) In general For purposes of this section, a foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)— (A) the entity completes before, on, or after May 8, 2014, the direct or indirect acquisition of— (i) substantially all of the properties held directly or indirectly by a domestic corporation; or (ii) substantially all of the assets of, or substantially all of the properties constituting a trade or business of, a domestic partnership; and (B) after the acquisition, either— (i) more than 50 percent of the stock (by vote or value) of the entity is held— (I) in the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or (II) in the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; or (ii) the management and control of the expanded affiliated group which includes the entity occurs, directly or indirectly, primarily within the United States, as determined pursuant to regulations prescribed by the Secretary of the Treasury, and such expanded affiliated group has significant domestic business activities. (2) Exception for corporations with substantial business activities in foreign country of organization (A) In general A foreign incorporated entity described in paragraph (1) shall not be treated as an inverted domestic corporation if after the acquisition the expanded affiliated group which includes the entity has substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. (B) Substantial business activities The Secretary of the Treasury (or the Secretary's delegate) shall establish regulations for determining whether an affiliated group has substantial business activities for purposes of subparagraph (A), except that such regulations may not treat any group as having substantial business activities if such group would not be considered to have substantial business activities under the regulations prescribed under section 7874 of the Internal Revenue Code of 1986, as in effect on May 8, 2014. (3) Significant domestic business activities (A) In general For purposes of paragraph (1)(B)(ii), an expanded affiliated group has significant domestic business activities if at least 25 percent of— (i) the employees of the group are based in the United States; (ii) the employee compensation incurred by the group is incurred with respect to employees based in the United States; (iii) the assets of the group are located in the United States; or (iv) the income of the group is derived in the United States. (B) Determination Determinations pursuant to subparagraph (A) shall be made in the same manner as such determinations are made for purposes of determining substantial business activities under regulations referred to in paragraph (2) as in effect on May 8, 2014, but applied by treating all references in such regulations to foreign country and relevant foreign country as references to the United States . The Secretary of the Treasury (or the Secretary's delegate) may issue regulations decreasing the threshold percent in any of the tests under such regulations for determining if business activities constitute significant domestic business activities for purposes of this paragraph. (c) Waiver (1) In general The head of an executive agency may waive subsection (a) with respect to any Federal Government contract under the authority of such head if the head determines that the waiver is required in the interest of national security. (2) Report to Congress The head of an executive agency issuing a waiver under paragraph (1) shall, not later than 14 days after issuing such waiver, submit a written notification of the waiver to the relevant authorizing committees of Congress and the Committees on Appropriations of the Senate and the House of Representatives. (d) Applicability (1) In general Except as provided in paragraph (2), this section shall not apply to any contract entered into before the date of the enactment of this section. (2) Task and delivery orders This section shall apply to any task or delivery order issued after the date of the enactment of this section pursuant to a contract entered into before, on, or after such date of enactment. (e) Definitions and special rules (1) Definitions In this section, the terms expanded affiliated group , foreign incorporated entity , person , domestic , and foreign have the meaning given those terms in section 835(c) of the Homeland Security Act of 2002 (6 U.S.C. 395(c)). (2) Special rules In applying subsection (b) of this section for purposes of subsection (a) of this section, the rules described under 835(c)(1) of the Homeland Security Act of 2002 (6 U.S.C. 395(c)(1)) shall apply. . (2) Clerical amendment The table of sections at the beginning of chapter 47 of title 41, United States Code, is amended by inserting after the item relating to section 4712 the following new item: 4713. Prohibition on awarding contracts to inverted domestic corporations. . (b) Defense contracts (1) In general Chapter 137 of title 10, United States Code, is amended by adding at the end the following new section: 2338. Prohibition on awarding contracts to inverted domestic corporations (a) Prohibition (1) In general The head of an agency may not award a contract to— (A) any foreign incorporated entity that such head has determined is an inverted domestic corporation or any subsidiary of such entity; or (B) any joint venture if more than 10 percent of the joint venture (by vote or value) is owned by a foreign incorporated entity that such head has determined is an inverted domestic corporation or any subsidiary of such entity. (2) Subcontracts (A) In general The head of an executive agency shall include in each contract awarded by the executive agency with a value in excess of $10,000,000, other than a contract for exclusively commercial items, a clause that prohibits the prime contractor on such contract from— (i) awarding a first-tier subcontract with a value greater than 10 percent of the total value of the prime contract to an entity or joint venture described in paragraph (1); or (ii) structuring subcontract tiers in a manner designed to avoid the limitation in paragraph (1) by enabling an entity or joint venture described in paragraph (1) to perform more than 10 percent of the total value of the prime contract as a lower-tier subcontractor. (B) Penalties The contract clause included in contracts pursuant to subparagraph (A) shall provide that, in the event that the prime contractor violates the contract clause— (i) the prime contract may be terminated for default; and (ii) the matter may be referred to the suspension or debarment official for the appropriate agency and may be a basis for suspension or debarment of the prime contractor. (b) Inverted domestic corporation (1) In general For purposes of this section, a foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)— (A) the entity completes before, on, or after May 8, 2014, the direct or indirect acquisition of— (i) substantially all of the properties held directly or indirectly by a domestic corporation; or (ii) substantially all of the assets of, or substantially all of the properties constituting a trade or business of, a domestic partnership; and (B) after the acquisition, either— (i) more than 50 percent of the stock (by vote or value) of the entity is held— (I) in the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or (II) in the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; or (ii) the management and control of the expanded affiliated group which includes the entity occurs, directly or indirectly, primarily within the United States, as determined pursuant to regulations prescribed by the Secretary of the Treasury, and such expanded affiliated group has significant domestic business activities. (2) Exception for corporations with substantial business activities in foreign country of organization (A) In general A foreign incorporated entity described in paragraph (1) shall not be treated as an inverted domestic corporation if after the acquisition the expanded affiliated group which includes the entity has substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. (B) Substantial business activities The Secretary of the Treasury (or the Secretary's delegate) shall establish regulations for determining whether an affiliated group has substantial business activities for purposes of subparagraph (A), except that such regulations may not treat any group as having substantial business activities if such group would not be considered to have substantial business activities under the regulations prescribed under section 7874 of the Internal Revenue Code of 1986, as in effect on May 8, 2014. (3) Significant domestic business activities (A) In general For purposes of paragraph (1)(B)(ii), an expanded affiliated group has significant domestic business activities if at least 25 percent of— (i) the employees of the group are based in the United States; (ii) the employee compensation incurred by the group is incurred with respect to employees based in the United States; (iii) the assets of the group are located in the United States; or (iv) the income of the group is derived in the United States. (B) Determination Determinations pursuant to subparagraph (A) shall be made in the same manner as such determinations are made for purposes of determining substantial business activities under regulations referred to in paragraph (2) as in effect on May 8, 2014, but applied by treating all references in such regulations to foreign country and relevant foreign country as references to the United States . The Secretary of the Treasury (or the Secretary's delegate) may issue regulations decreasing the threshold percent in any of the tests under such regulations for determining if business activities constitute significant domestic business activities for purposes of this paragraph. (c) Waiver (1) In general The head of an agency may waive subsection (a) with respect to any Federal Government contract under the authority of such head if the head determines that the waiver is required in the interest of national security. (2) Report to Congress The head of an agency issuing a waiver under paragraph (1) shall, not later than 14 days after issuing such waiver, submit a written notification of the waiver to the Committees on Armed Services and Appropriations of the Senate and the House of Representatives. (d) Applicability (1) In general Except as provided in paragraph (2), this section shall not apply to any contract entered into before the date of the enactment of this section. (2) Task and delivery orders This section shall apply to any task or delivery order issued after the date of the enactment of this section pursuant to a contract entered into before, on, or after such date of enactment. (e) Definitions and special rules (1) Definitions In this section, the terms expanded affiliated group , foreign incorporated entity , person , domestic , and foreign have the meaning given those terms in section 835(c) of the Homeland Security Act of 2002 (6 U.S.C. 395(c)). (2) Special rules In applying subsection (b) of this section for purposes of subsection (a) of this section, the rules described under 835(c)(1) of the Homeland Security Act of 2002 (6 U.S.C. 395(c)(1)) shall apply. . (2) Clerical amendment The table of sections at the beginning of chapter 137 of title 10, United States Code, is amended by inserting after the item relating to section 2337 the following new item: 2338. Prohibition on awarding contracts to inverted domestic corporations. . (c) Regulations regarding management and control (1) In general The Secretary of the Treasury (or the Secretary's delegate) shall, for purposes of section 4713(b)(1)(B)(ii) of title 41, United States Code, and section 2338(b)(1)(B)(ii) of title 10, United States Code, as added by subsections (a) and (b), respectively, prescribe regulations for purposes of determining cases in which the management and control of an expanded affiliated group is to be treated as occurring, directly or indirectly, primarily within the United States. The regulations prescribed under the preceding sentence shall apply to periods after May 8, 2014. (2) Executive officers and senior management The regulations prescribed under paragraph (1) shall provide that the management and control of an expanded affiliated group shall be treated as occurring, directly or indirectly, primarily within the United States if substantially all of the executive officers and senior management of the expanded affiliated group who exercise day-to-day responsibility for making decisions involving strategic, financial, and operational policies of the expanded affiliated group are based or primarily located within the United States. Individuals who in fact exercise such day-to-day responsibilities shall be treated as executive officers and senior management regardless of their title.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5278ih/xml/BILLS-113hr5278ih.xml
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113-hr-5279
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I 113th CONGRESS 2d Session H. R. 5279 IN THE HOUSE OF REPRESENTATIVES July 30, 2014 Ms. DeLauro (for herself, Mr. Moran , and Ms. Norton ) 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 the Internal Revenue Code of 1986 to impose an excise tax on sugar-sweetened beverages, to dedicate the revenues from such tax to the prevention, treatment, and research of diet-related health conditions in priority populations, and for other purposes.
1. Short title This Act may be cited as the Sugar-Sweetened Beverages Tax Act of 2014 or as the SWEET Act . 2. Findings and purposes (a) Findings The Congress finds that: (1) The prevalence of obesity in the United States has increased dramatically over the past 30 years. From the 1960s to the late 1970s, the prevalence was relatively constant, with about 15 percent of the population classified as obese. After the 1970s, these rates began to climb. According to the Centers for Disease Control and Prevention, by 2012 more than one-third (34.9 percent) of adults and 17 percent of youth in the United States were obese. Although no group has escaped the epidemic, low income people and communities of color are disproportionately affected. In 2012, nearly half (47.8 percent) of African-American adults were obese and 42.5 percent of Hispanic adults were obese. (2) The percentage of children who are overweight has also increased dramatically in recent decades. After being relatively constant from the 1960s to the 1970s, the prevalence of overweight children has more than tripled among children between 6 and 11 years of age and nearly quadrupled among those between 12 and 19 years of age. Despite significant public and private investment, childhood obesity rates remain high. Overall, obesity among our Nation’s young people, aged 2–19 years, has not changed significantly since 2004 and remains at about 17 percent—equaling 12.5 million children and adolescents. (3) There are significant racial and age disparities in obesity prevalence among children and adolescents. In 2011–2012, obesity prevalence was higher among Hispanics (22.4 percent) and non-Hispanic black youth (20.2 percent) than non-Hispanic white youth (14.1 percent). The prevalence of obesity was lower in non-Hispanic Asian youth (8.6 percent) than in youth who were non-Hispanic white, non-Hispanic black, or Hispanic. (4) Overweight and obesity are responsible for an estimated $190 billion in health care costs nationally, or approximately 5 to 10 percent of all medical spending—with over 20 percent of these costs paid publicly through the Medicare and Medicaid programs. The medical costs for people who are obese are dramatically higher ($2,741 per year) than those of normal weight. (5) The obesity epidemic is of particular concern because obesity increases the risk of diabetes, heart disease, certain types of cancer, arthritis, asthma, and breathing problems. Depending on their level of obesity, from 60 percent to over 80 percent of obese adults have type 2 diabetes, high blood cholesterol, high blood pressure, or other related conditions. According to the CDC, nearly 60 percent of overweight children have at least one risk factor for heart disease. (6) Overweight and obesity increase the risk for several types of common cancers, including postmenopausal breast, colorectal, endometrial, kidney, pancreatic, esophageal, and gall bladder cancer. Up to one in four of all cancer cases and one in three cancer deaths are due to poor nutrition, physical inactivity, and overweight and obesity. (7) There is overwhelming evidence of the link between the consumption of sugar-sweetened beverages, such as non-diet soft drinks, energy drinks, sweet teas, and sports drinks, and obesity and diabetes. Adults who drink one sugar-sweetened beverage or more per day are 27 percent more likely to be overweight or obese, regardless of income or ethnicity. After six months, daily consumption of one liter of sugar-sweetened beverages increases fat deposits in the liver by 150 percent, which directly contributes to both diabetes and heart disease. (8) According to nutrition experts, sugar-sweetened beverages, such as soft drinks, energy drinks, sweet teas, and sport drinks, offer little or no nutritional value, but massive quantities of added sugars. A 20-ounce bottle of soda contains about 16 teaspoons of sugars. Yet, the American Heart Association recommends that Americans consume no more than six to nine teaspoons of sugar per day. (9) The 2010 Dietary Guidelines stated that almost one-half of the added sugars Americans consume come from sugar-sweetened beverages, with the average American drinking nearly 45 gallons of sugar-sweetened beverages a year, the equivalent of 39 pounds of extra sugar every year. (10) Though sugar-sweetened beverage consumption is declining modestly as people learn about their harmful health effects, Americans are still consuming twice as much of these products as they did in the 1970s. Five percent of Americans consume at least 567 kcal from sugar drinks on any given day—equal to more than four 12-ounce cans of soft drink. According to the National Center for Health Statistics, one-third of calories from added sugars (33 percent) consumed in the United States were from beverages. In children and adolescents, 40 percent of the calories from added sugars came from beverages. Children and adolescents consume 10 to 15 percent of their total daily caloric intake from sugar-sweetened beverages. (11) In a study of more than 50,000 female nurses, women who increased their sugar-sweetened beverage consumption from no more than one per week to at least one per day gained an average of 10 pounds over four years. Research also shows a significant link between sugar-sweetened beverage consumption and weight gain in children. In a randomized double-blind controlled trial of roughly 640 children, those who were given one 8-ounce serving sugar-sweetened beverage a day gained more weight and body fat over 1 1/2 years than those who got one 8-ounce serving of a sugar-free beverage. (12) Sugar-sweetened beverages are a unique contributor to excess caloric consumption. A large body of research shows that calories from sugar-sweetened beverages do not satisfy hunger the way calories from solid food or fat or protein-containing beverages such as those containing milk and plant-based proteins. As a result, sugar-sweetened beverages tend to add to the calories people consume rather than replace calories from other foods and beverages. (13) Overweight children have a much greater chance of being obese as adults, with all the health risks that entails. (14) Type 2 diabetes, previously only seen among adults, is now increasing among children. Data show that almost a quarter of teens now have either diabetes or prediabetes. If the current trends are not reversed, it is predicted that one in three children and nearly one-half of Latino and African-American children born in the year 2000 will develop type 2 diabetes in their lifetime. (15) People who consume an average amount of added sugar equivalent to one 20-ounce soda per day are 30 percent more likely to die from a heart attack over 15 years. People who consume the added sugar equivalent of at least 2–3 20-ounce sodas per day are 2.75 times more likely to die from a heart attack. (16) Tooth decay (dental caries) is the single most common chronic childhood disease, experienced by more than one-fourth of United States children aged 2–5 years and half of those aged 12–15 years. About half of all children and two-thirds of adolescents aged 12–19 years from lower-income families have had decay. According to the American Academy of Pediatric Dentistry, children who frequently or excessively consume beverages high in sugar are at increased risk for dental caries. Untreated dental caries can lead to pain, infection, tooth loss, and in severe cases, even death. It can slow normal growth and development by restricting nutritional intake. Children who are missing teeth may have chewing problems that limit their food choices and result in nutritionally inadequate diets. (b) Purposes It is the intent of the Congress, by adopting the Sugar-Sweetened Beverages Tax Act (also known as the SWEET Act), to diminish the human and economic costs of diabetes, obesity, dental caries, and other diet-related health conditions. This Act is intended to discourage excessive consumption of sugar-sweetened beverages by increasing the price of these products and by creating a dedicated revenue source for programs and research designed to reduce the human and economic costs of diabetes, obesity, dental caries, and other diet-related health conditions in priority populations. 3. Excise tax on certain sugar-sweetened beverages (a) In general Subchapter D of chapter 32 of the Internal Revenue Code of 1986 is amended by inserting after part I the following new part: II Sugar-sweetened beverages Sec. 4171. Imposition of tax. Sec. 4172. Definitions. Sec. 4173. Special rules. 4171. Imposition of tax (a) In general There is hereby imposed a tax on the sale or transfer of any specified sugar-sweetened beverage product by the manufacturer, producer, or importer thereof. (b) Rate of tax The rate of tax imposed under subsection (a) shall be equal to one cent per 4.2 grams of caloric sweetener contained in such specified sugar-sweetened beverage product. (c) Persons liable for tax The manufacturer, producer, or importer referred to in subsection (a) shall be liable for the tax imposed by such subsection. 4172. Definitions (a) Specified sugar-Sweetened beverage product For purposes of this part— (1) In general For purposes of this part, the term specified sugar-sweetened beverage product means— (A) any liquid intended for human consumption which contains a caloric sweetener, and (B) any liquid, or solid mixture of ingredients, which— (i) contains a caloric sweetener, and (ii) is intended for use as an ingredient in a liquid described in subparagraph (A). (2) Exceptions The following shall not be treated as liquids described in paragraph (1)(A): (A) Any liquid the primary ingredients of which are milk or soy, rice, or similar plant-based milk substitute. (B) Any liquid composed entirely of one or more of the following: (i) The original liquid resulting from the pressing of fruit or vegetables. (ii) The liquid resulting from the reconstitution of fruit or vegetable juice concentrate. (iii) The liquid resulting from the restoration of water to dehydrated fruit or vegetable juice. (C) Infant formula. (D) Any liquid products manufactured for use as— (i) an oral nutritional therapy for persons who cannot absorb or metabolize dietary nutrients from food or beverages, (ii) a source of necessary nutrition used due to a medical condition, or (iii) an oral electrolyte solution for infants and children formulated to prevent dehydration due to illness. (E) Any liquid with respect to which tax is imposed under chapter 51 (relating to distilled spirits, wines, and beer) or under section 7652 by reason of the tax imposed under chapter 51 being imposed on like articles of domestic manufacture. (b) Caloric sweetener For purposes of this part, the term caloric sweetener means monosaccharides, disaccharides, and high-fructose corn syrup. 4173. Special rules (a) Sweetener taxed only once In the case of any specified sugar-sweetened beverage product which is manufactured or produced by including one or more other specified sugar-sweetened beverage products, no tax shall be imposed under this section on any caloric sweetener contained in the resulting specified sugar-sweetened beverage product if tax was previously imposed under this section on such caloric sweetener when contained in the specified sugar-sweetened beverage product so included. (b) Inflation adjustment In the case of any sale after December 31, 2015, the one cent amount in section 4171(b) shall be increased by an amount equal to— (1) such amount, multiplied by (2) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which such sale occurs, determined by substituting calendar year 2014 for calendar year 1992 in subparagraph (B) thereof. Any increase determined under this subsection shall be rounded to the nearest multiple of one-tenth of a cent. . (b) Conforming amendments (1) Section 4221(a) is amended by adding at the end the following: Paragraphs (1), (4), (5), and (6) shall not apply to the tax imposed under section 4171. . (2) The table of parts for subchapter D of chapter 32 of such Code is amended by inserting after the item relating to part I the following new item: Part II—Sugar-Sweetened beverages . (c) Revenues used for prevention, treatment, and research of diet-Related health conditions in priority populations (1) Transfer to Prevention and Public Health Fund There are hereby appropriated to the Prevention and Public Health Fund created under section 4002 of the Patient Protection and Affordable Care Act (in addition to any other amounts appropriated to such Fund) amounts equivalent to taxes received in the Treasury under part II of subchapter D of chapter 32. Rules similar to the rules of section 9601 of the Internal Revenue Code of 1986 shall apply with respect to amounts appropriated under this paragraph. (2) Restriction on use of funds Notwithstanding subsections (c) and (d) of section 4002 of the Patient Protection and Affordable Care Act, amounts appropriated to the Prevention and Public Health Fund under paragraph (1) may be transferred to accounts in the Department of Health and Human Services only for the purpose of making expenditures for programs and research designed to reduce the human and economic costs of diabetes, obesity, dental caries, and other diet-related health conditions in priority populations (within the meaning of section 901(c) of the Public Health Service Act). (d) Effective date (1) In general Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of the enactment of this Act. (2) Excise tax The amendments made by subsections (a) and (b) shall apply to sales after the date of the enactment of this Act.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5279ih/xml/BILLS-113hr5279ih.xml
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113-hr-5280
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I 113th CONGRESS 2d Session H. R. 5280 IN THE HOUSE OF REPRESENTATIVES July 30, 2014 Mr. Ellison (for himself, Mr. Lewis , Mr. Nadler , Mr. George Miller of California , Ms. Hahn , Mr. Danny K. Davis of Illinois , Mr. Sires , Mr. Conyers , Ms. Norton , Ms. Fudge , Ms. Bass , Ms. Lee of California , Mr. Takano , Mr. Holt , Mr. Grijalva , Ms. Jackson Lee , and Mr. Ryan of Ohio ) introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To strengthen the current protections available under the National Labor Relations Act by providing a private right of action for certain violations of such Act, and for other purposes.
1. Short title This Act may be cited as the Employee Empowerment Act . 2. Private right of action under the National Labor Relations Act Section 10 of the National Labor Relations Act ( 29 U.S.C. 160 ) is amended by adding at the end the following: (n) In addition to filing a charge alleging an unfair labor practice with the Board in accordance with this Act, a person alleging an unfair labor practice by an employer in violation of section 8(a)(3) may, not later than 180 days after the date of such violation, bring a civil action in the appropriate district court of the United States against the employer for such violation. The court may grant any relief described in section 706(g) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–5 ) or section 1977A(b) of the Revised Statutes of the United States ( 42 U.S.C. 1981a(b) ), and may allow the prevailing party a reasonable attorney’s fee (including expert witness fees) as part of the costs. .
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113-hr-5281
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I 113th CONGRESS 2d Session H. R. 5281 IN THE HOUSE OF REPRESENTATIVES July 30, 2014 Mr. Hanna (for himself and Mr. Kind ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to provide for tax preferred savings accounts for individuals under age 18, and for other purposes.
1. Short title This Act may be cited as the Young Savers Security in Retirement Act of 2014 . 2. Findings Congress finds the following: (1) Studies indicate that children as young as 3 years old are able to grasp financial concepts and that basic financial habits are largely formulated by age 7. (2) Research shows that children born to low-income parents who are good financial savers are more likely to move up the economic ladder than children from low-income households that do not save. According to a 2011 study controlled for income and demographic factors, youth who own financial accounts are 7 times more likely to attend college. (3) If tax-advantaged retirement accounts such as Roth IRAs could be opened for children between the ages of zero and 18, these individuals are likely to acquire substantially more tax-free assets by retirement age than their peers. (4) Children who possess retirement accounts from a young age will benefit from longer exposure to compound interest and can be expected to attain higher levels of financial literacy, college graduation and retirement security in adulthood. (5) Greater private retirement savings for Americans of all ages will increase personal financial security and responsibility, reducing the likelihood that seniors will need to rely solely on Social Security for their retirement income. (6) Federal policy should better enable parents, guardians and families of all income levels to encourage youth saving and investment for retirement at an earlier age. (7) Federal policy should help create retirement savings incentives for low-income Americans because studies show that low-income Americans will save more for retirement if there are incentives and structures in place to help them do so. A refundable incentive like the Saver’s Credit would reach 50 million low-income households—nearly 10 times the number a non-refundable credit reaches. 3. Young savers account (a) Establishment of accounts (1) In general Section 408A of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (g) Young savers account (1) In general Except as provided in this subsection, a young savers account shall be treated in the same manner as a Roth IRA. (2) Young savers account For purposes of this subsection, the term young savers account means, with respect to any taxable year, a Roth IRA which is maintained on behalf of an individual who has not attained age 18 before the close of the taxable year and which is designated (in such manner as the Secretary may prescribe) at the time of establishment as a young savers account. (3) Contribution limits In the case of any contributions for any taxable year to 1 or more young savers accounts maintained on behalf of an individual, each of the following contribution limits for the taxable year shall be increased as follows: (A) The contribution limit applicable to the individual under subsection (c)(2) shall be increased by the aggregate amount of qualified young saver contributions to such accounts for the taxable year. (B) The contribution limits applicable to the young savers accounts under subsection (a)(1) or (b)(2)(B) of section 408, whichever is applicable, shall be increased by the deductible amount in effect under section 219(b)(5) for such taxable year (determined without regard to subparagraph (B) thereof). (4) Qualified young saver contributions For purposes of this subsection— (A) In general The term qualified young saver contribution means a contribution by an individual (with respect to whom a young savers account is not maintained during the taxable year) to a young savers account maintained on behalf of another individual. (B) Limitations (i) Limit on accounts with respect to individual The aggregate amount of contributions which may be made for any taxable year to all young savers accounts maintained on behalf of an individual shall not exceed the deductible amount in effect for the taxable year under section 219(b)(5) (determined without regard to subparagraph (B) thereof). (ii) Limit on contributors The aggregate amount of qualified young saver contributions an individual may make for any taxable year to all young savers accounts shall not exceed the deductible amount in effect for the taxable year under section 219(b)(5) (determined without regard to subparagraph (B) thereof), reduced by any contributions made by or on behalf of the individual to any Roth IRA maintained on behalf of the individual. . (b) Eligible for Savers Credit Paragraph (1) of section 25B(d) of such Code is amended by striking and at the end of subparagraph (B)(ii), by striking the period at the end of subparagraph (C) and inserting , and , and by adding at the end the following new subparagraph: (D) the amount of any contribution to a young savers account. . (c) Refund payable to Young Savers Account (1) In general Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 6433. Young savers account refund payment In the case of any overpayment (or portion thereof) which is attributable to a credit allowed to an individual under section 25B by reason of a contribution to a young savers account, the Secretary shall pay the amount of such overpayment (or such portion) into the young savers account to which such contribution was made. The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this section. . (2) Clerical amendment The table of sections for subchapter B of chapter 65 of such Code is amended by adding at the end the following new item: Sec. 6433. Young savers account refund payment. . (d) Young savers account information included with application for social security card The Commissioner of Social Security, in consultation with the Secretary of the Treasury, shall include with materials relating to the application for a social security card information describing young savers accounts (as defined in section 408A(g)(2) of the Internal Revenue Code of 1986) and related tax benefits. (e) Account funds disregarded for purposes of all means tested federal programs Notwithstanding any other provision of Federal law, assets accumulated in young savers accounts (within the meaning of section 408A(g) of the Internal Revenue Code of 1986) shall not be taken into account in determining any individual’s or household’s financial eligibility for, or amount of, any benefit or service, paid for in whole or in part with Federal funds, including student financial aid. (f) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013.
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113-hr-5282
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I 113th CONGRESS 2d Session H. R. 5282 IN THE HOUSE OF REPRESENTATIVES July 30, 2014 Mr. Harper (for himself and Mr. Thompson of Mississippi ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To award posthumously a Congressional Gold Medal to Medgar Wiley Evers, in recognition of his contributions and ultimate sacrifice in the fight for racial equality in the United States.
1. Short title This Act may be cited as the Medgar Wiley Evers Congressional Gold Medal Act . 2. Findings The Congress finds the following: (1) An integral part of the fight for racial equality, Medgar Wiley Evers, was born July 2, 1925, in Decatur, Mississippi, to James and Jessie Evers. (2) Faithfully serving his country, Medgar Evers willingly left high school to join the Army at the start of World War II. (3) After the conclusion of the war, Mr. Evers returned home to Mississippi, completed high school, enrolled in Alcorn Agricultural and Mechanical College (presently known as Alcorn State University) and earned a Bachelor of Arts degree in Business Administration. (4) While at Alcorn State University, Medgar Evers met and married fellow Alcorn student, Myrlie Beasley, of Vicksburg, Mississippi. (5) Upon graduation, Myrlie and Medgar Evers moved to Mound Bayou, Mississippi, where Medgar held a job with Magnolia Mutual Life Insurance Company, and began establishing local chapters of the National Association for the Advancement of Colored People ( NAACP ) throughout the Mississippi Delta. (6) Having been so moved by the immense suffering of African-Americans in Mississippi, Medgar Evers felt compelled to fight to change the circumstances and challenges facing them and, in 1954, Medgar Evers became the first known African-American to apply to the University of Mississippi School of Law. Mr. Evers was denied enrollment. (7) In 1954, Medgar Evers became the first Field Secretary for the Mississippi chapter of the NAACP. (8) In the capacities of his new position Medgar Evers hosted numerous voter registration efforts in Mississippi and, as a result of these activities, received numerous threats against his life. (9) Despite these threats, Mr. Evers carried on his work with dedication and courage, organizing rallies, building membership within the NAACP, and traveling around the country educating the public on the fight for Civil Rights. (10) Medgar and Myrlie Evers’ passion for quality education for all children led them to file suit against the Jackson, Mississippi, public school system gaining him attention with the national media as a leader of the Civil Rights Movement in Mississippi. (11) As a result of his continued and ongoing efforts—rallies, sit-ins, and protests—to stand up for the rights of African-Americans in Mississippi, Mr. Evers was arrested, beaten, and jailed with his due process rights denied. (12) The senseless and abhorrent violence against Mr. Evers reached its pinnacle on June 12, 1963, when he was violently shot in front of his home and died shortly afterwards in a local hospital, mere hours after President John F. Kennedy had made a national televised speech from the Oval Office calling for full racial integration in America. The Civil Rights Act was enacted the following year. (13) As a veteran, Evers was buried with full military honors at Arlington National Cemetery. (14) On June 23, 1963, Byron De La Beckwith, a member of the White Citizens’ Council, was arrested for Evers’ murder, but juries in 1964, composed solely of white men, twice deadlocked on De La Beckwith’s guilt, resulting in mistrials. (15) Following two trials resulting in acquittal, in 1990, Mrs. Evers convinced Mississippi prosecutors to reopen Medgar Evers’ murder case, and a new trial led to the conviction and life imprisonment of Medgar Evers’ killer in 1994. (16) It is befitting that Congress bestow the highest civilian honor, the Congressional Gold Medal, to Medgar Wiley Evers, posthumously in honor of his work on behalf of racial equality which tragically led to his assassination, but also was a major catalyst in passage and enactment of the Civil Rights Act in 1964. 3. Congressional gold medal (a) Presentation Authorized The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the posthumous presentation, on behalf of the Congress, of a gold medal of appropriate design in commemoration of Medgar Wiley Evers, in recognition of his contributions and ultimate sacrifice in the fight for racial equality in the United States. (b) Design and striking For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the Secretary ) shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Award of Medal Following the award of the gold medal in commemoration of Medgar Wiley Evers under subsection (a), the medal shall be given to the Mississippi Civil Rights Museum, where it shall be available for display or temporary loan to be displayed elsewhere, as appropriate. 4. Duplicate medals The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. 5. Status of medals (a) National medals The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic items For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.
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113-hr-5283
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I 113th CONGRESS 2d Session H. R. 5283 IN THE HOUSE OF REPRESENTATIVES July 30, 2014 Mr. Honda introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To establish national goals for the reduction and recycling of municipal solid waste, to address the growing problem of marine debris, to require the Administrator of the Environmental Protection Agency to promulgate regulations to attain those goals, and for other purposes.
1. Short title This Act may be cited as the Land-Based Marine Debris Reduction Act . 2. Findings Congress finds and declares the following: (1) Because the United States has the largest Exclusive Economic Zone of all nations, it has a disproportionate economic interest in a healthy ocean. (2) The United States has a strategic interest in healthy fisheries, marine ecosystems, and a strong ocean economy. (3) Solid waste is littering the Nation’s waterways, including streams, rivers, and lakes, most notably the Great Lakes, and much of this marine debris is collecting in the oceans. (4) An estimated 80 percent of litter that ends up in the oceans comes from land-based sources, and litter in the Nation’s waterways has numerous detrimental effects. (5) Marine debris injures wildlife, sometimes resulting in death, degrades ecosystems, interferes with navigation, threatens public health and safety, and creates additional expenditures for shipping, fishing, tourism, and coastal communities. (6) Only about 46 percent of the Nation’s waste is recycled or composted, including through waste-to-energy. (7) Successful solid waste management requires creative use of the entire hierarchy of solid waste management, waste reduction, recycling, waste-to-energy operations, and landfilling. (8) Recycling can play a significant role in reducing municipal waste and marine debris. (9) The failure to recycle and reuse materials is a significant and unnecessary waste of important national energy and material resources. (10) Comprehensive, multi-material recycling programs represent the most cost-effective and efficient method of meeting recycling goals and reducing marine debris. (11) The responsibility to recycle should be shared by all consumers of recyclable goods including individual households, municipalities, and commercial and institutional establishments. 3. National goals for waste reduction and recycling (a) Source reduction Congress declares it to be the national goal of the United States that there shall be no increase in the generation of solid waste sent to landfills above the level of solid waste generated and sent to landfills in the year of the enactment of this Act (as determined by the Administrator). (b) Waste recycling Congress declares it to be the national goal of the United States that at least 50 percent of the municipal solid waste stream shall be recycled by the end of 2020, and 65 percent of such waste stream shall be recycled by the end of 2030 (as determined by the Administrator). (c) Marine debris reduction Congress declares it to be the national goal of the United States that there shall be no increase in the flow of marine debris into the ocean above the level of such flow in the year of the enactment of this Act (as determined by the Administrator). 4. Annual report (a) Requirement The Administrator shall report to Congress each year the following: (1) The amount and composition of municipal solid waste generated in the United States. (2) The amount and composition of municipal solid waste generated in the United States that enters the ocean. (3) The methods used to manage such waste. (4) The progress made in achieving the source reduction, recycling, and marine debris reduction goals of this Act, the impediments to the attainment of such goals, and recommendations on the regulatory or legislative initiatives necessary to attain such goals. (b) First report The first report under this section shall be submitted not later than 18 months after the date of the enactment of this Act. 5. Report on primary leakage paths of marine debris into the ocean Not later than 18 months after the date of enactment of this Act, the Administrator shall provide to Congress a report that includes the following: (1) Identification of the pathways through which marine debris reaches the ocean, such as consumer discards, flawed waste management designs, and infrastructural leaks, as determined in consultation with experts, including waste management, consumer goods, and infrastructure experts. (2) Best practices that may be used at the Federal, State, and local level to reduce or eliminate such pathways, including methods to address infrastructural leaks, regulation, or economic incentives. 6. Products and packaging requirements (a) List and recycling determinations (1) Not later than 2 years after the date of the enactment of this Act, the Administrator, in consultation with the Secretary of Commerce, shall develop a list of categories of commonly used products and packaging which are discarded into the municipal solid waste stream. With respect to each category on the list, the Administrator shall determine the following: (A) The percentage of recovered materials used in the manufacture of products or packaging in each category. (B) The source reduction and recovery efficiency of products or packaging in each category. (C) The percentage of products or packaging in each category that is recycled upon discard. (D) The percentage of products or packaging in each category that enters the ocean upon discard or is otherwise littered. (E) The life cycle environmental effects associated with the products or packaging in each category compared to product or packaging alternatives, using standard life cycle assessment methodologies and categories of environmental impacts, including climate change, human health, eutrophication, acidification, water use, land use, and ecosystems toxicity. (2) Upon completion of the list and determinations required under paragraph (1), the Administrator shall identify categories of products or packaging that shall be targeted for regulatory action under subsection (b). The Administrator shall target a category based upon high overall life cycle impact of the product or package compared to the alternatives, considering categories of environmental impacts, recovered material content, recyclability, and high volume in the waste stream. (b) Regulatory action With respect to each category of product or packaging identified under subsection (a)(2), the Administrator may take the following actions: (1) The Administrator may promulgate regulations to require the manufacturer of the product or packaging to use recovered materials of that or another category in the product or packaging. In promulgating regulations under this paragraph, the Administrator shall, to the extent practicable, consider the potential life cycle impacts of requiring recovered material content in a product or packaging on increasing greenhouse gases and water usage, current regulations regarding the use of recovered materials, and potential market disruptions to recovered materials. (2) The Administrator may phase in any of the actions taken under paragraph (1) if the Administrator determines it to be necessary for economic reasons. 7. Packaging standards The Administrator and the Secretary of Commerce, in consultation with affected industries, experts in package design and marketing, companies engaged in collecting and processing products and packages, and environmental organizations, shall develop a voluntary system of packaging standards with respect to materials contained within the packaging and the recyclability of the packaging upon discard, which may include implementation of an existing labeling standard where appropriate. The standards shall provide that packaging that meets the standards shall be eligible to use a label indicating compliance with the standards for promotion and educational purposes. 8. Report on landfill closures Not later than 1 year after the date of the enactment of this Act, the Administrator shall submit to Congress a report analyzing the costs and difficulties encountered by States and local communities in closing landfills. The report shall include recommendations on the types and levels of Federal assistance (including technical guidance and funds) that should be provided to States and local communities for such purpose. 9. Definitions For purposes of this Act: (1) The term Administrator means the Administrator of the Environmental Protection Agency. (2) The term marine debris is human-created waste that has been discharged into the coastal or marine environment, including any anthropogenic, manufactured, or processed solid material (regardless of size) discarded, disposed of, or abandoned in the environment, including all materials discarded into the ocean, on the shore, or brought indirectly to the ocean by rivers, sewage, storm water, waves, or wind. (3) The term recovered material has the meaning given that term in section 1004 of the Solid Waste Disposal Act ( 42 U.S.C. 6903 ). (4) The term recycled means reused, recovered, or reclaimed from solid waste through any means, including remanufacturing, reprocessing, and waste-to-energy technologies.
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113-hr-5284
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I 113th CONGRESS 2d Session H. R. 5284 IN THE HOUSE OF REPRESENTATIVES July 30, 2014 Mr. Jolly introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to make permanent the work opportunity tax credit and to allow the transfer of such credit in the case of contracted veterans.
1. Work opportunity tax credit made permanent (a) In general Subsection (c) of section 51 of the Internal Revenue Code of 1986 is amended by striking paragraph (4). (b) Effective date The amendment made by this section shall apply to individuals who begin work for the employer after December 31, 2013. 2. Transfer of credit in case of contracted veterans (a) In general Section 51 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (l) Special rule for contracted veteran employees (1) In general In the case of an employee who— (A) is a qualified veteran, and (B) receives remuneration by an employer for qualified computer services performed by the individual for another person, if the employer so elects, the amount of credit determined under this section (or any portion thereof specified in the election) with respect to such employee for the taxable year which would (but for this subsection) be allowable to the employer shall be allowable to such other person, and such other person shall be treated as the taxpayer for purposes of this title with respect to such credit (or such portion thereof). (2) Qualified computer services For purposes of this subsection, the term qualified computer services means services of a type that would be classified as a computer occupation in the Bureau of Labor Statistics Standard Occupational Classification System. (3) Year credit allowed In the case of an election under paragraph (1), the credit shall be allowable for the first taxable year of such other person ending with or after the employer’s taxable year for which the credit was determined. . (b) Effective date The amendment made by this section shall apply to individuals who begin work for the employer after December 31, 2013.
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113-hr-5285
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I 113th CONGRESS 2d Session H. R. 5285 IN THE HOUSE OF REPRESENTATIVES July 30, 2014 Mr. Kelly of Pennsylvania (for himself, Mr. Pitts , Mr. Mulvaney , Mr. Huelskamp , Mrs. Bachmann , Mr. Latta , Mr. Brady of Texas , Mr. Nunnelee , Mr. Aderholt , Mr. Barletta , Mr. Pittenger , Mr. Weber of Texas , Mr. LaMalfa , Mr. Chabot , Mr. Fortenberry , Mr. Smith of New Jersey , Mr. Long , Mr. Southerland , Mr. Jones , Mrs. Black , and Mr. Jolly ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To ensure that organizations with religious or moral convictions are allowed to continue to provide services for children.
1. Short title This Act may be cited as the Child Welfare Provider Inclusion Act of 2014 . 2. Findings and purposes (a) Findings Congress finds the following: (1) Child welfare service providers, both individuals and organizations, have the inherent, fundamental, and inalienable right to free exercise of religion protected by the United States Constitution. (2) The right to free exercise of religion for child welfare service providers includes the freedom to refrain from conduct that conflicts with their sincerely held religious beliefs. (3) Most States provide government-funded child welfare services through various charitable, religious, and private organizations. (4) Religious organizations, in particular, have a lengthy and distinguished history of providing child welfare services that predates government involvement. (5) Religious organizations have long been and should continue contracting with and receiving grants from governmental entities to provide child welfare services. (6) Religious organizations cannot provide certain child welfare services, such as foster-care or adoption placements, without receiving a government contract, grant or license. (7) Religious organizations display particular excellence when providing child welfare services. (8) Children and families benefit greatly from the child welfare services provided by religious organizations. (9) Governmental entities and officials administering federally funded child welfare services in some States, including Massachusetts, California, Illinois, and the District of Columbia, have refused to contract with religious organizations that are unable, due to sincerely held religious beliefs or moral convictions, to provide a child welfare service that conflicts, or under circumstances that conflict, with those beliefs or convictions; and that refusal has forced many religious organizations to end their long and distinguished history of excellence in the provision of child welfare services. (10) Ensuring that religious organizations can continue to provide child welfare services will benefit the children and families that receive those federally funded services. (11) States also provide government-funded child welfare services through individual child welfare service providers with varying religious and moral convictions. (12) Many individual child welfare service providers maintain sincerely held religious beliefs or moral convictions that relate to their work and should not be forced to choose between their livelihood and adherence to those beliefs or convictions. (13) Because governmental entities provide child welfare services through many charitable, religious, and private organizations, each with varying religious beliefs or moral convictions, and through diverse individuals with varying religious beliefs or moral convictions, the religiously impelled inability of some religious organizations or individuals to provide certain services will not have a material effect on a person’s ability to access federally funded child welfare services. (14) The activities of funding and administering these child welfare services substantially affect interstate commerce. (15) Taking adverse actions against child welfare service providers that are unable, due to their sincerely held religious beliefs or moral convictions, to provide certain services (or provide services under certain circumstances) substantially affects interstate commerce. (16) The provisions of this Act are remedial measures that are congruent and proportional to protecting the constitutional rights of child welfare service providers guaranteed under the Fourteenth Amendment to the United States Constitution. (17) Congress has the authority to pass this Act pursuant to its spending clause power, commerce clause power, and enforcement power under section 5 of the Fourteenth Amendment to the United States Constitution. (b) Purposes The purposes of this Act are as follows: (1) To prohibit governmental entities from discriminating or taking an adverse action against a child welfare service provider on the basis that the provider declines to provide a child welfare service that conflicts, or under circumstances that conflict, with the sincerely held religious beliefs or moral convictions of the provider. (2) To protect child welfare service providers’ exercise of religion and to ensure that governmental entities will not be able to force those providers, either directly or indirectly, to discontinue all or some of their child welfare services because they decline to provide a child welfare service that conflicts, or under circumstances that conflict, with their sincerely held religious beliefs or moral convictions. (3) To provide relief to child welfare service providers whose rights have been violated. 3. Discrimination and adverse actions prohibited (a) The Federal Government, and any State that receives federal funding for any program that provides child welfare services under part B or part E of title IV of the Social Security Act (and any subdivision, office or department of such State) shall not discriminate or take an adverse action against a child welfare service provider on the basis that the provider has declined or will decline to provide, facilitate, or refer for a child welfare service that conflicts with, or under circumstances that conflict with, the provider's sincerely held religious beliefs or moral convictions. (b) Subsection (a) does not apply to conduct forbidden by paragraph (18) of section 471(a) of such Act. 4. Funds withheld for violation The Secretary of Health and Human Services shall withhold from a State 15 percent of the Federal funds the State receives for a program that provides child welfare services under part B or part E of title IV of the Social Security Act if the State violates section 3 when administering or disbursing funds under such program. 5. Private right of action (a) A child welfare service provider aggrieved by a violation of section 3 may assert that violation as a claim or defense in a judicial proceeding and obtain all appropriate relief, including declaratory relief, injunctive relief, and compensatory damages, with respect to that violation. (b) A child welfare service provider that prevails in an action by establishing a violation of section 3 is entitled to recover reasonable attorneys' fees and costs. (c) By accepting or expending federal funds in connection with a program that provides child welfare services under part B or part E of title IV of the Social Security Act, a State waives its sovereign immunity for any claim or defense that is raised under this section. 6. Severability If any provision of this Act, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the application of the provision to any other person or circumstance shall not be affected. 7. Effective date (a) The amendments made by this Act shall take effect on the 1st day of the 1st fiscal year beginning on or after the date of the enactment of this Act, and the withholding of funds authorized by section 4 shall apply to payments under parts B and E of such Act for calendar quarters beginning on or after such date. (b) If legislation (other than legislation appropriating funds) is required for a governmental entity to bring itself into compliance with this Act, the governmental entity shall not be regarded as violating this Act before the 1st day of the 1st calendar quarter beginning after the first regular session of the legislative body that begins after the date of the enactment of this Act. For purposes of the preceding sentence, if the governmental entity has a 2-year legislative session, each year of the session is deemed to be a separate regular session. 8. Definitions The following definitions apply throughout this Act: (1) The term child welfare service provider includes organizations, corporations, groups, entities, or individuals that provide or seek to provide, or that apply for or receive a contract, subcontract, grant, or subgrant for the provision of, child welfare services. The provider need not be engaged exclusively in child welfare services to be considered a child welfare service provider. (2) The term child welfare services means social services provided to or on behalf of children, including assisting abused, neglected, or troubled children, counseling children or parents, promoting foster parenting, providing foster homes or temporary group shelters for children, recruiting foster parents, placing children in foster homes, licensing foster homes, promoting adoption, recruiting adoptive parents, assisting adoptions, supporting adoptive families, assisting kinship guardianships, assisting kinship caregivers, providing family preservation services, providing family support services, and providing time-limited family reunification services. (3) The term State includes any of the several States, the District of Columbia, any commonwealth, territory or possession of the United States, and any political subdivision thereof. (4) The terms funding , funded , or funds include money paid pursuant to a contract, grant, voucher, or similar means. (5) The term adverse action includes, but is not limited to, denying a child welfare service provider’s application for funding, refusing to renew the provider's funding, canceling the provider's funding, declining to enter into a contract with the provider, refusing to renew a contract with the provider, canceling a contract with the provider, declining to issue a license to the provider, refusing to renew the provider's license, canceling the provider's license, terminating the provider's employment, or any other adverse action that materially alters the terms or conditions of the provider's employment, funding, contract, or license.
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113-hr-5286
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I 113th CONGRESS 2d Session H. R. 5286 IN THE HOUSE OF REPRESENTATIVES July 30, 2014 Mr. Larson of Connecticut introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to provide for a more equitable geographic allocation of funds appropriated to the Department of Veterans Affairs for medical care.
1. Short title This Act may be cited as the Veterans Equitable Treatment Act . 2. Standard for time for referral for specialist care (a) Time for specialist appointments (1) Requirement The Secretary of Veterans Affairs shall establish by regulation a maximum specialist referral period, subject to such exceptions as the Secretary considers necessary. (2) Specialist referral period defined For purposes of paragraph (1), the term specialist referral period means the period of time between (A) the date on which a veteran is referred to a specialty clinic of the Department by the veteran’s primary care physician within the Department of Veterans Affairs health care system, and (B) the date for which the veteran is scheduled for an appointment with a Department specialist pursuant to such referral. (3) Department policies In establishing a maximum specialist referral period under paragraph (1), the Secretary shall act in a manner consistent with the current treatment policies of the Department based on clinical need and with the established 30–30–20 performance goal of the Department for such a referral period. (b) Standard for transportation The Secretary shall take such steps as necessary to ensure that the Department of Veterans Affairs is able to provide appropriate transportation services for qualified veterans within a reasonable time period of a scheduled appointment. 3. Contract care to be provided when Department of Veterans Affairs care not available in accordance with standards (a) Contract care In any case in which the Secretary of Veterans Affairs is not able to provide hospital care or medical services in accordance with the standard prescribed under section 2(a) or to provide transportation services in accordance with section 2(b), the Secretary shall promptly provide for such care or transportation from a private source. Hospital care or medical services so provided shall be those for which the veteran is otherwise eligible within the Department of Veterans Affairs medical care system. (b) Reimbursement rate Whenever care or services are provided under subsection (a), the Secretary shall reimburse the provider of such care or services for the reasonable value of such care or services, as determined by the Secretary. Such reimbursement shall be provided in the same manner as applies to reimbursement for emergency treatment under section 1725 of title 38, United States Code, subject to such of the terms and conditions otherwise applicable to such reimbursements under such section as the Secretary determines to be appropriate for purposes of this section. (c) Expedited reimbursement procedures The Secretary shall take appropriate steps to expedite the reimbursement required by subsection (b) and consistent with the Veterans Health Administration policy that 90 percent of all non-VA Contract Care claims are processed within 30 days of receipt. Such steps may include steps to make use of advanced technology, such as smart card technology that would allow claims for such reimbursement to be processed electronically. The Secretary shall, to the extent possible, also apply such steps for expediting reimbursement to claims for emergency services provided to veterans for which the Secretary provides reimbursement under provisions of law in effect before the date of the enactment of this Act. 4. Termination of 24-month rule for reimbursement for emergency services The provisions of subparagraph (B) of section 1725(b)(2) of title 38, United States Code, shall not apply with respect to emergency treatment furnished on or after the date of the enactment of this Act. 5. Reports The Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report at the end of each fiscal-year quarter on the waiting times for appointments in the Department of Veterans Affairs medical care system. The report shall describe any reductions in such waiting times and any experience with appointment delays.
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113-hr-5287
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I 113th CONGRESS 2d Session H. R. 5287 IN THE HOUSE OF REPRESENTATIVES July 30, 2014 Ms. Lee of California (for herself, Ms. Schakowsky , Mrs. Lowey , and Ms. DeLauro ) 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 tax credit for expenses for household and elder care services necessary for gainful employment.
1. Expenses for household and elder care services necessary for gainful employment (a) In general Subpart A 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: 25E. Expenses for household and elder care services necessary for gainful employment (a) Allowance of credit (1) In general In the case of an individual for which there are 1 or more qualifying individuals (as defined in subsection (b)(1)) with respect to such individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the applicable percentage of the employment-related expenses (as defined in subsection (b)(2)) paid by such individual during the taxable year. (2) Applicable percentage defined For purposes of paragraph (1), the term applicable percentage means 35 percent reduced (but not below 20 percent) by 1 percentage point for each $2,000 (or fraction thereof) by which the taxpayer’s adjusted gross income for the taxable year exceeds $15,000. (b) Definitions of qualifying individual and employment-Related expenses For purposes of this section— (1) Qualifying individual The term qualifying individual means an individual who— (A) has attained age 50, and (B) is one of the following: (i) An individual who bears a relationship to the taxpayer described in subparagraph (C) or (D) of section 152(d)(2) (relating to fathers, mothers, and ancestors). (ii) An individual would be a dependent of the taxpayer (as defined in section 152, determined without regard to subsections (b)(1) and (b)(2)) as a qualifying relative described in section 152(d)(1) if— (I) in lieu of subparagraphs (B) and (C) thereof the following applied with respect to the individual: (aa) the taxpayer has provided over one-half of the individual’s support for the calendar year in which such taxable year begins and each of the preceding 4 taxable years, and (bb) the individual’s modified adjusted gross income for the calendar year in which such taxable year begins is less than the exemption amount (as defined in section 151(d)), (II) the individual is physically or mentally incapable of caring for himself or herself, and (III) who has the same principal place of abode as the taxpayer for more than one-half of such taxable year. (iii) The spouse of the taxpayer who is physically or mentally incapable of caring for himself or herself. (2) Modified adjusted gross income The term modified adjusted gross income means adjusted gross income determined without regard to section 86. (3) Employment-related expenses (A) In general The term employment-related expenses means amounts paid for the following expenses, but only if such expenses are incurred to enable the taxpayer to be gainfully employed for any period for which there are 1 or more qualifying individuals with respect to the taxpayer: (i) expenses for household services, and (ii) expenses for the care of a qualifying individual, including expenses for respite care and hospice care. (B) Exception Employment-related expenses described in subparagraph (A) which are incurred for services outside the taxpayer’s household shall be taken into account only if incurred for the care of— (i) a qualifying individual described in paragraph (1)(A), or (ii) a qualifying individual (not described in paragraph (1)(A)) who regularly spends at least 8 hours each day in the taxpayer’s household. (C) Dependent care centers Employment-related expenses described in subparagraph (A) which are incurred for services provided outside the taxpayer’s household by a dependent care center (as defined in subparagraph (D)) shall be taken into account only if— (i) such center complies with all applicable laws and regulations of a State or unit of local government, and (ii) the requirements of subparagraph (B) are met. (D) Dependent care center defined For purposes of this paragraph, the term dependent care center means any facility which— (i) provides care for more than six individuals (other than individuals who reside at the facility), and (ii) receives a fee, payment, or grant for providing services for any of the individuals (regardless of whether such facility is operated for profit). (c) Dollar limit on amount creditable The amount of the employment-related expenses incurred during any taxable year which may be taken into account under subsection (a) shall not exceed— (1) $3,000 if there is 1 qualifying individual with respect to the taxpayer for such taxable year, or (2) $6,000 if there are 2 or more qualifying individuals with respect to the taxpayer for such taxable year. The amount determined under paragraph (1) or (2) (whichever is applicable) shall be reduced by the aggregate amount excludable from gross income under section 129 for the taxable year. (d) Earned income limitation Except as otherwise provided in this subsection, the amount of the employment-related expenses incurred during any taxable year which may be taken into account under subsection (a) shall not exceed— (1) in the case of an individual who is not married at the close of such year, such individual’s earned income for such year, or (2) in the case of an individual who is married at the close of such year, the lesser of such individual’s earned income or the earned income of his spouse for such year. (e) Special rules For purposes of this section— (1) Place of abode An individual shall not be treated as having the same principal place of abode of the taxpayer if at any time during the taxable year of the taxpayer the relationship between the individual and the taxpayer is in violation of local law. (2) Married couples must file joint return If the taxpayer is married at the close of the taxable year, the credit shall be allowed under subsection (a) only if the taxpayer and his spouse file a joint return for the taxable year. (3) Marital status An individual legally separated from his spouse under a decree of divorce or of separate maintenance shall not be considered as married. (4) Certain married individuals living apart If— (A) an individual who is married and who files a separate return— (i) maintains as his home a household which constitutes for more than one-half of the taxable year the principal place of abode of a qualifying individual, and (ii) furnishes over half of the cost of maintaining such household during the taxable year, and (B) during the last 6 months of such taxable year such individual’s spouse is not a member of such household, such individual shall not be considered as married. (5) Payments to related individuals No credit shall be allowed under subsection (a) for any amount paid by the taxpayer to an individual— (A) with respect to whom, for the taxable year, a deduction under section 151(c) (relating to deduction for personal exemptions for dependents) is allowable either to the taxpayer or his spouse, or (B) who is a child of the taxpayer (within the meaning of section 152(f)(1)) who has not attained the age of 19 at the close of the taxable year. For purposes of this paragraph, the term taxable year means the taxable year of the taxpayer in which the service is performed. (6) Identifying information required with respect to service provider No credit shall be allowed under subsection (a) for any amount paid to any person unless— (A) the name, address, and taxpayer identification number of such person are included on the return claiming the credit, or (B) if such person is an organization described in section 501(c)(3) and exempt from tax under section 501(a), the name and address of such person are included on the return claiming the credit. In the case of a failure to provide the information required under the preceding sentence, the preceding sentence shall not apply if it is shown that the taxpayer exercised due diligence in attempting to provide the information so required. (7) Identifying information required with respect to qualifying individuals No credit shall be allowed under this section with respect to any qualifying individual unless the TIN of such individual is included on the return claiming the credit. (f) Regulations The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this section. . (b) Clerical amendment The table of sections for subpart A 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. 25E. Expenses for household and elder care services necessary for gainful employment. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
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113-hr-5288
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I 113th CONGRESS 2d Session H. R. 5288 IN THE HOUSE OF REPRESENTATIVES July 30, 2014 Ms. Michelle Lujan Grisham of New Mexico introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To establish a National Care Corps through which qualified volunteers provide care, companionship, and other services to seniors and individuals with disabilities.
1. Short title This Act may be cited as the National Care Corps Act of 2014 . 2. Definitions For purposes of this Act, the following definitions shall apply: (1) Corps The term Corps means the National Care Corps established under section 3 of this Act. (2) Director The term Director means the Director of the Corps appointed under section 3(b)(1) of this Act. (3) Local Care Corps Program The term local Care Corps program means a program funded with a grant awarded under section 10(b) of this Act that hosts Corps members and arranges for them to provide approved services to individuals in need. (4) Secretary The term Secretary means the Secretary of Health and Human Services. 3. Establishment of National Care Corps (a) In general There is established in the Department of Health and Human Services a program to be known as the National Care Corps through which Corps members provide approved services to individuals in need via participation in local Care Corps programs. (b) Staff (1) Appointment of Director The Secretary, acting through the Administrator for Community Living, shall appoint a Director of the Corps. (2) Duties of Director The Director shall— (A) design, develop, and administer Corps programs; (B) manage the daily operations of the Corps; and (C) report to the Administrator for Community Living. (3) Authority to Employ Staff The Director may employ such staff as is necessary to carry out this Act. 4. Selection and eligibility of members (a) In General (1) Selection The Director shall select eligible individuals for membership in the Corps. (2) Nondiscrimination In selecting Corps members, the Director shall comply with all applicable provisions of State and Federal laws and regulations pertaining to nondiscrimination and equal employment opportunity. (b) Eligible Individuals To be eligible for membership in the Corps, an individual shall— (1) be at least 18 years of age on or before December 31 of the calendar year in which the individual begins participation in the Corps; (2) agree to participate in the Corps for a period of not more than 24 months; (3) submit an application to the Director at such time, in such manner, and containing such information as the Director may require; (4) pass a criminal background check as described in subsection (c); and (5) agree to comply with such terms and conditions as the Director may require. (c) Criminal background check (1) In General Before selecting any individual for membership in the Corps, the Director shall request a criminal background check of such individual. (2) Membership Prohibitions An individual shall be ineligible to be a Corps member if— (A) such individual refuses to consent to the criminal background check; or (B) the criminal background check does not demonstrate to the Director’s satisfaction that such individual is fit for Corps service. 5. Authorized Benefits for Corps Members (a) In General The Director shall provide for members of the Corps to receive allowances, health insurance, and post-service educational awards authorized by this section. (b) Allowances The Director shall provide each Corps member with such living, travel, and leave allowances, and such housing transportation, supplies, equipment, and subsistence as the Director may determine to be necessary for the member’s maintenance and to ensure the member’s health and capacity to serve effectively. (c) Health insurance (1) In general The Director shall provide for each Corps member to receive health insurance coverage. (2) Minimum essential coverage The health insurance coverage described paragraph (1) shall meet the requirements of section 5000A(f) of the Internal Revenue Code of 1986. (d) Post-Service Educational Award (1) In General The Director shall establish an educational award for Corps members. (2) Amounts (A) Amount for Full-Time Service In the case of a Corps member who completes a 12-month term of full-time service as determined by the Director, such member shall receive an educational award having a value equal to the maximum amount of a Federal Pell Grant under section 401 of the Higher Education Act of 1965 ( 20 U.S.C. 1070a ) that a student eligible for such grant may receive in the aggregate (without regard to whether the funds are provided through discretionary or mandatory appropriations) for the award year. A Corps member may receive up to 2 such awards. (B) Amount for Other Periods of Service In the case of a Corps member who completes less than a 12-month term of full-time service as determined by the Director, such member may receive a portion of the educational award described in subparagraph (A) that corresponds to the quantity of service actually completed by the member. (3) Uses of Award An educational award shall be used to pay— (A) costs of attendance at an institution of higher education; or (B) government or commercial loans received by an individual for costs of attendance at an institution of higher education. (4) Definitions For purposes of this subsection, the following definitions shall apply: (A) Cost of Attendance The term cost of attendance has the meaning given such term by section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll). (B) Institution of Higher Education The term institution of higher education has the meaning given such term by section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (e) Regulations The Director shall issue any regulations that the Director determines to be necessary to carry out this section. 6. Assignment of Corps Members to Seniors and Individuals with Disabilities (a) Assignment of Corps Members (1) In General The Director shall assign each Corps member to participate in a local Care Corps program. (2) Priority of Assignment In assigning Corps members to local Care Corps programs, the Director shall assign not less than 20 percent of members to programs that serve geographic areas in which the Director determines there is a shortage of approved services available to individuals in need, with consideration given to low-income and minority populations. (b) Services Provided by Corps Members (1) In General Corps members may only provide approved services to individuals in need through participation in local Care Corps programs. (2) Approved Services Approved services are services provided directly to individuals in need in home-based settings that— (A) result in person-to-person, supportive relationships with each individual served; (B) support the achievement and maintenance of the highest level of independent living for each individual in need; (C) are meaningful to the Corps member; and (D) are supported by appropriate orientation, training, and supervision. (3) Prohibited Services In performing duties as a Corps member, no member shall provide— (A) professional medical services; (B) administrative support services to a local Corps program; (C) care in an institutional setting; (D) care prohibited under State law; or (E) any other services determined by the director to be inconsistent with the purposes of the Corps. (4) Guidance Regarding Scope of Services The Director may issue guidance describing the scope of services that may be provided by Corps members. In issuing such guidance, the Director shall provide for a public notice and comment period of not less than 30 days before issuing the guidance in final form. (c) Individual in Need The term individual in need means an individual who— (1) is at least 65 years of age or has a disability as defined in section 3 of the Americans With Disabilities Act of 1990 ( 42 U.S.C. 12102 ); (2) has difficulty with self-care; and (3) meets such other criteria as the Director determines to be appropriate. 7. Training and Standards of Conduct (a) Pre-Assignment Training Program The Director shall develop a training program that provides Corps members with instruction in the skills necessary to carry out an assignment in a local Care Corps program. Such training program shall include— (1) at least 20 hours of instruction for each Corps member; and (2) any other requirements the Director determines to be appropriate. (b) Standards of Conduct The Director shall establish and enforce standards to promote proper conduct and discipline within the Corps. 8. Status of Corps Members Under Federal Law (a) In general Except as otherwise provided in this section, members of the Corps shall not, by reason of their status as members, be treated as Federal employees or be subject to the provisions of law relating to Federal employment. (b) Work-Related injuries (1) In general For purposes of subchapter I of chapter 81 of title 5, United States Code, relating to the compensation of Federal employees for work injuries, members of the Corps shall be treated as employees of the United States within the meaning of the term employee , as defined in section 8101 of such title. (2) Special rule In the application of the provisions of subchapter I of chapter 81 of title 5, United States Code, to a member of the Corps, the member shall not be treated to be in the performance of duty while absent from the member’s assigned post of duty unless the absence is authorized in accordance with procedures prescribed by the Director. (c) Tort claims procedure A member of the Corps shall be treated as an employee of the United States for purposes of chapter 171 of title 28, United States Code, relating to tort claims liability and procedure. 9. Reporting Requirements The Secretary of Health and Human Services, acting through the Administrator for Community Living, shall transmit to Congress at least once in each fiscal year a report on the Corps. At minimum, such report shall include— (1) a description of the population served by the Corps during the preceding fiscal year; (2) an evaluation of Corps operations; and (3) recommendations, if any, for improving Corps operations. 10. Local Care Corps Programs (a) Functions of Local Care Corps Programs Local Care Corps programs shall— (1) conduct in-person orientation and training for Corps members; (2) develop and monitor member assignments, which shall include selecting the individuals in need to be served by Corps members, matching members to assignments, and supervising members; (3) maintain records and prepare reports as required by the Director; and (4) carry out any other activities determined to be appropriate by the Director. (b) Grants for Local Care Corps Programs The Director may award grants to qualified entities for the operation of local Care Corps programs. (1) Qualified Entity The term qualified entity means a public or private nonprofit entity that is— (A) part of an aging network, as defined by section 102(5) of the Older Americans Act of 1965 (42 U.S.C. 3002(5)); (B) a time-banking or volunteer organizing agency; (C) a State, county, or local government; or (D) any other entity determined to be appropriate by the Director. (2) Application Process To be eligible for a grant under this subsection, a qualified entity shall— (A) submit an application to the Director at such time, in such manner, and containing such information as the Director may require; and (B) abide by such terms and conditions as the Director determines to be appropriate. 11. Authorization of Appropriations (a) In General There is authorized to be appropriated $350,000,000 for each of the fiscal years beginning after the date of the enactment of this Act. (b) Continued Availability of Funds Amounts authorized to be appropriated under subsection (a) for a fiscal year are authorized to remain available for that fiscal year and the subsequent fiscal year.
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113-hr-5289
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I 113th CONGRESS 2d Session H. R. 5289 IN THE HOUSE OF REPRESENTATIVES July 30, 2014 Mr. Murphy of Florida introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish the Indian River Lagoon Nutrient Removal Assistance Grant Program, and for other purposes.
1. Short title This Act may be cited as the Indian River Lagoon Nutrient Removal Assistance Act of 2014 . 2. Indian River Lagoon Nutrient Removal Assistance Grant Program (a) Establishment Not later than 1 year after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall establish an Indian River Lagoon Nutrient Removal Assistance Grant Program (in this section referred to as the Program ) to assist projects related to the protection and restoration of the Indian River Lagoon in Florida. (b) Grant authority In carrying out the Program, the Administrator may make a grant, on a competitive basis, to any of the following: (1) A State government entity. (2) A local government entity. (3) A nonprofit organization. (4) The Indian River Lagoon Program. (c) Applications To be eligible for a grant under the Program, an entity specified in subsection (b) shall submit to the Administrator an application with respect to a proposed project at such time, in such form, and containing such information as the Administrator determines is appropriate, which shall include at least a description of the proposed project and the communities to be served by the proposed project. (d) Selection criteria The Administrator shall issue regulations with respect to the criteria to be utilized to select projects for grants under the Program, which shall prioritize projects that— (1) produce the greatest nutrient load reductions; (2) result in the greatest environmental benefits to the Indian River Lagoon; and (3) advance the goals and objectives of the comprehensive plan. (e) Consultation In selecting projects for grants under the Program, the Administrator shall consult with— (1) the Indian River Lagoon Program; (2) the State of Florida and local governments in the Indian River Lagoon watershed; and (3) other relevant stakeholders involved with the protection and restoration of the Indian River Lagoon. (f) Federal share (1) In general Except as provided in paragraph (2), the Federal share of the cost of a project assisted with a grant under the Program shall be 75 percent. (2) Exception At the request of a grant recipient, the recipient may lower the Federal share of the cost for a project carried out by the recipient to an amount that is less than 75 percent. (g) Definitions In this section, the following definitions apply: (1) Comprehensive plan The term comprehensive plan means— (A) the conservation and management plan approved under section 320 of the Federal Water Pollution Control Act ( 33 U.S.C. 1330 ) for the Indian River Lagoon; and (B) any amendments to that plan. (2) Indian River Lagoon Program The term Indian River Lagoon Program means the Indian River Lagoon National Estuary Program convened as the management conference under section 320 of the Federal Water Pollution Control Act ( 33 U.S.C. 1330 ) for the Indian River Lagoon, and includes the Policy Board, Management Committee, Technical Advisory Committee, and Citizens Advisory Committee of that Program. (h) Authorization of appropriations (1) In general There is authorized to be appropriated to the Administrator to carry out the Program each fiscal year the amounts available in the Indian River Lagoon Nutrient Removal Assistance Trust Fund established under section 9512 of the Internal Revenue Code of 1986. (2) Administrative expenses The Administrator may not use more than 5 percent of the amounts made available to carry out the Program each fiscal year to pay administrative expenses incurred in carrying out the Program. (3) Prohibition No amounts made available to carry out the Program may be used for the administrative expenses of a management conference convened under section 320 of the Federal Water Pollution Control Act ( 33 U.S.C. 1330 ). (4) Rule of construction Nothing in this section may be construed to limit the eligibility of the Indian River Lagoon Program to receive funding under section 320(g) of the Federal Water Pollution Control Act ( 33 U.S.C. 1330(g) ). 3. Increase in certain civil penalties (a) In general Notwithstanding any other provision of law and not later than 90 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall issue regulations to increase by 5 percent each civil penalty amount established for a violation of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.). (b) Applicability The regulations issued under subsection (a) shall only apply to violations of the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ) occurring after the date of enactment of this Act. 4. Indian River Lagoon Nutrient Removal Assistance Trust Fund (a) In general Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 9512. Indian River Lagoon Nutrient Removal Assistance Trust Fund (a) Creation of Trust Fund There is hereby established in the Treasury of the United States a trust fund to be known as the Indian River Lagoon Nutrient Removal Assistance Trust Fund , consisting of such amounts as may be appropriated or credited to such Trust Fund as provided in this section and section 9602(b). (b) Transfers to Trust Fund There are hereby appropriated to the Indian River Lagoon Nutrient Removal Assistance Trust Fund such amounts as the Secretary determines from time to time are equivalent to the increase in civil penalties under section 3(a) of the Indian River Lagoon Nutrient Removal Assistance Act of 2014 for violations of the Federal Water Pollution Control Act. (c) Expenditures Amounts in the Indian River Lagoon Nutrient Removal Assistance Trust Fund shall be available as provided in appropriations Acts only for making expenditures to make grants under the Indian River Lagoon Nutrient Removal Assistance Grant Program under section 2(a) of the Indian River Lagoon Nutrient Removal Assistance Act of 2014. . (b) Clerical amendment The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: Sec. 9512. Indian River Lagoon Nutrient Removal Assistance Trust Fund. .
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113-hr-5290
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I 113th CONGRESS 2d Session H. R. 5290 IN THE HOUSE OF REPRESENTATIVES July 30, 2014 Mr. Heck of Washington (for himself, Mr. Jones , and Mr. Kilmer ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To establish a Military Community Infrastructure Program to provide grants for transportation infrastructure improvements in military communities, and for other purposes.
1. Short title This Act may be cited as the Creating Opportunities for Military Members to Use Transportation Efficiently Act of 2014 or the COMMUTE Act of 2014 . 2. Military Community Infrastructure Program (a) Establishment Not later than 6 months after the date of enactment of this Act, the Secretary shall establish a Military Community Infrastructure Program under which the Secretary may provide grants to eligible entities for transportation infrastructure improvement projects in military communities. (b) Application To be eligible for a grant under the Program, an eligible entity shall submit to the Secretary an application at such time, in such form, and containing such information as the Secretary may require. (c) Eligible projects (1) In general Grants awarded under the Program may be used for transportation infrastructure improvement projects, including— (A) the construction of roads; (B) the construction of mass transit and parking facilities; (C) the construction of, or upgrades to, pedestrian access and bicycle access; and (D) upgrades to public transportation systems. (2) Location To be eligible for a grant under the Program, a project described in paragraph (1) shall be— (A) related to improving access to a military installation, as determined by the Secretary; and (B) in a location that is— (i) within or abutting an urbanized area (as designated by the Bureau of the Census); and (ii) designated as a growth community by the Office of Economic Adjustment. (d) Considerations In awarding grants under the Program, the Secretary shall give consideration to— (1) the magnitude of the problem addressed by the project; (2) the proportion of the problem addressed by the project that is caused by military installation growth since the year 2000; (3) the number of servicemembers and civilian employees of the Department of Defense affected by the problem addressed by the project; (4) the size of the community affected by the problem addressed by the project; (5) the ability of the relevant eligible entity to execute the project; and (6) the extent to which the project resolves the transportation problem addressed. (e) Federal Share The Federal share of the cost of a project carried out using grant amounts made available under the Program may not exceed 80 percent. 3. Traffic Impact Study (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary shall conduct a traffic impact study for any urbanized area (as designated by the Bureau of the Census) that expects a significant increase in traffic related to a military installation within or abutting the urbanized area. (b) Contents A traffic impact study under subsection (a) shall determine any transportation improvements needed because of an increase in the number of military personnel, including study of commute sheds affected by installation-related traffic. (c) Consultation In developing a traffic impact study under subsection (a), the Secretary shall consult with— (1) the metropolitan planning organization or regional transportation planning organization with jurisdiction over the urbanized area; and (2) the commander of the appropriate military installation. 4. Definitions In this Act: (1) Eligible entity The term eligible entity means— (A) a State or political subdivision thereof; (B) an owner or operator of public transportation; (C) a local governmental authority (as such term is defined in section 5302 of title 49, United States Code); (D) a metropolitan planning organization; or (E) a regional transportation planning organization. (2) Metropolitan planning organization and regional transportation planning organization The terms metropolitan planning organization and regional transportation planning organization have the meanings given those terms in section 134(b) of title 23, United States Code. (3) Secretary The term Secretary means the Secretary of Defense, acting through the Director of the Office of Economic Adjustment. (4) State The term State means each of the several States, the District of Columbia, and any territory or possession of the United States. 5. Authorization of appropriations There is authorized to be appropriated, to carry out this Act, $200,000,000 for fiscal year 2015 and $100,000,000 for each of fiscal years 2016 through 2019, to remain available until expended.
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113-hr-5291
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I 113th CONGRESS 2d Session H. R. 5291 IN THE HOUSE OF REPRESENTATIVES July 30, 2014 Mr. Owens introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Harmonized Tariff Schedule of the United States with respect to goods exported for processing abroad and reimported, and for other purposes.
1. Treatment of goods exported for modification and reimported (a) Textile and apparel goods (1) In general Subchapter II of chapter 98 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following subheading, with the article description having the same degree of indentation as the article description for subheading 9802.00.60: 9802.00.70 Textile and apparel goods classifiable under chapter 61, except goods of heading 9802.00.90 and goods imported under provisions of subchapter XIX or XX of this chapter, if exported for further processing A duty upon the full value of the imported article, less the cost or value of materials, including thread, yarn, fabric, or components the product of the United States and provided for under any of headings 5106 through 5110, 5204 through 5207, 5306 through 5308, 5401 through 5406, or 5508 through 5511, or chapter 60 or 61 (see U.S. note 4 of this subchapter) Free (CL, CO, IL, JO, KR, P, PA, PE, SG) A duty upon the full value of the imported article, less the cost or value of materials, including thread, yarn, fabric, or components the product of the United States and provided for under any of headings 5106 through 5110, 5204 through 5207, 5306 through 5308, 5401 through 5406, or 5508 through 5511, or chapter 60 or 61 (see U.S. note 4 of this subchapter) (AU, B, BH, C, CA, E, MA, MX, OM) Free, for products described in U.S. note 7 to this subchapter Free, for qualifying articles from sub-Saharan African countries enumerated in U.S. note 7 to this subchapter A duty upon the full value of the imported article, less the cost or value of materials, including thread, yarn, fabric, or components the product of the United States and provided for under any of headings 5106 through 5110, 5204 through 5207, 5306 through 5308, 5401 through 5406, or 5508 through 5511, or chapter 60 or 61 (see U.S. note 4 of this subchapter) . (2) Conforming amendment U.S. note 4 to subchapter II of chapter 98 of the Harmonized Tariff Schedule of the United States is amended, in the matter preceding paragraph (a), by inserting and subheading 9802.00.70 after 9802.00.90 . (b) Commingling of fungible goods exported for repairs or alterations U.S. note 3 to subchapter II of chapter 98 of the Harmonized Tariff Schedule of the United States is amended by adding at the end the following: (e) For purposes of subheadings 9802.00.40 and 9802.00.50, if an article is exported from the United States for the purpose of repairing or altering the article and the article is subsequently imported into the United States— (1) the article shall be considered to be the same article that was exported without regard to whether the article contains 1 or more components recovered from an identical or similar article that was also exported from the United States; and (2) the cost or value of any such components shall not be included in the value of the article when the article enters the United States. . (c) Articles previously imported (1) Duty treatment The article description for heading 9801.00.20 of the Harmonized Tariff Schedule of the United States is amended to read as follows: Articles, previously imported, with respect to which the duty was paid upon such previous importation or which were imported previously free of duty, if (1) reimported, without having been advanced in value or improved in condition by any process of manufacture or other means while abroad, after having been exported under lease or similar use agreements, bailment agreements, or for warehousing, repackaging, or both, and (2) reimported by or for the account of the person who imported it into, and exported it from, the United States. . (2) Commingling of fungible goods The U.S. notes to subchapter I of chapter 98 of the Harmonized Tariff Schedule of the United States are amended by adding at the end the following new note: 3. (a) For purposes of heading 9801.00.20— (i) fungible goods exported from the United States may be commingled, and (ii) the origin, value, and classification of such goods may be accounted for using an inventory management method. (b) If a person chooses to use an inventory management method under paragraph (a) with respect to fungible goods, the person shall use the same inventory management method for any goods with respect to which the person claims fungibility. (c) For purposes of this note— (i) the term fungible good means any good that is commercially interchangeable with another good and that has properties that are essentially identical to the properties of another good; and (ii) the term inventory management method means any method for managing inventory that is based on generally accepted accounting principles. . (d) Use of manufacturer’s identification code for textile and apparel products The U.S. notes to chapter 98 of the Harmonized Tariff Schedule of the United States are amended by adding at the end the following new note: 4. For textile and apparel products classified in subchapter I or II of this chapter, the manufacturer’s identification code (MID) of the facility that repairs, alters, assembles, processes, stores, or otherwise handles the products may be used on any customs entry documentation or electronic data transmission that requires identification of the manufacturer. . 2. Effective date (a) In general Subject to subsection (b), the amendments made by this Act shall apply to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act. (b) Retroactive application (1) In general Notwithstanding section 514 of the Tariff Act of 1930 ( 19 U.S.C. 1514 ) or any other provision of law, and subject to paragraph (2), the entry of any good— (A) that was liquidated or made on or after January 9, 2008, and before the 15th day after the date of the enactment of this Act, and (B) with respect to which there would have been no duty if the amendment made by section 1(c)(1) applied to such entry, shall be liquidated or reliquidated as if such amendment applied to such entry. (2) Requests A liquidation or reliquidation may be made under paragraph (1) with respect to an entry only if a request therefor is filed with U.S. Customs and Border Protection before the later of the 180th day after the date of the enactment of this Act or the 180th day after the date of liquidation of the entry, that contains sufficient information to enable U.S. Customs and Border Protection— (A) to locate the entry; or (B) to reconstruct the entry if it cannot be located. (3) Payment of amounts owed Any amount owed by the United States pursuant to the liquidation or reliquidation of an entry of an article under paragraph (1) shall be paid, without interest, not later than 90 days after the date of the liquidation or reliquidation (as the case may be). (4) Definition In this subsection, the term entry includes a withdrawal from warehouse for consumption.
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113-hr-5292
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I 113th CONGRESS 2d Session H. R. 5292 IN THE HOUSE OF REPRESENTATIVES July 30, 2014 Mr. Reed (for himself and Ms. Slaughter ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide public safety officer disability benefits to officers disabled before the enactment of the Federal public safety officer disability benefits law.
1. Short title This Act may be cited as the Disabled Public Safety Officers Fairness Act of 2014 . 2. Disability benefits for public safety officers disabled before enactment of public safety officer disability law (a) In general Section 1201(b) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796(b) ) is amended— (1) by inserting after determines that a public safety officer has the following: , whether before, on, or after the date of the enactment of this part, ; and (2) by adding at the end the following new sentence: In the case of a public safety officer seeking a benefit under the previous sentence on the basis of having been permanently and totally disabled as the direct result of a catastrophic injury sustained in the line of duty before the date of the enactment of this part, such officer may file a claim under this subsection during the same period that would be applicable to such an officer so disabled after the date of the enactment of this part, except that in lieu of such a period beginning on the date of the injury such period shall begin on the date of the enactment of the Disabled Public Safety Officers Fairness Act of 2014. . (b) Applicability The amendments made by subsection (a) apply to any public safety officer alive on or after the date of the enactment of this Act.
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113-hr-5293
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I 113th CONGRESS 2d Session H. R. 5293 IN THE HOUSE OF REPRESENTATIVES July 30, 2014 Mr. Rogers of Alabama (for himself, Mr. Forbes , and Mr. Turner ) introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committees on Armed Services and 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 address non-compliance by the Russian Federation of its obligations under the Intermediate-Range Nuclear Forces (INF) Treaty.
1. Short title This Act may be cited as the Consequences for Russia’s Arms Control Violations Act of 2014 . 2. Findings Congress finds the following: (1) A public report in the New York Times on January 29, 2014, revealed that the Russian Federation is no longer in compliance with the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Elimination of Their Intermediate-Range and Shorter-Range Missiles, commonly referred to as the Intermediate-Range Nuclear Forces (INF) Treaty, signed at Washington December 8, 1987, and entered into force June 1, 1988. (2) On April 29, 2014, Acting Assistant Secretary of State for Arms Control, Verification and Compliance Anita E. Friedt stated in testimony before the Committee on Foreign Affairs of the House of Representatives that, [w]e have concerns about Russian compliance with the INF Treaty. We have raised them with Russia and are pressing for clear answers in an effort to resolve our concerns because of the importance of the INF Treaty to Euro-Atlantic security. We’ve briefed our NATO allies on our concerns and will continue to coordinate with them on this and other matters that affect our common security. We have been keeping Congress informed on this matter through briefings with relevant congressional committees and will continue to do so. We will continue to work with Russia to resolve our concerns, and to encourage mutual steps to help foster a more stable, resilient, transparent security relationship. We’re not going to drop the issue until our concerns have been addressed. . (3) On March 5, 2014, the Deputy Assistant Secretary of Defense for Nuclear and Missile Defense Policy, Ms. Elaine Bunn said to the Committee on Armed Services of the Senate, [W]e are concerned about Russian activity that appears to be inconsistent with the Intermediate Range Nuclear Forces Treaty. We’ve raised the issue with Russia. They provided an answer that was not satisfactory to us, and we will, we told them that the issue is not closed, and we will continue to raise this. . (4) On April 2, 2014, the Commander, U.S. European Command, and Supreme Allied Commander Europe, General Breedlove, stated that, A weapon capability that violates the INF, that is introduced into the greater European land mass is absolutely a tool that will have to be dealt with … I would not judge how the alliance will choose to react, but I would say they will have to consider what to do about it … It can’t go unanswered. . (5) The Russian Federation succeeded to the INF Treaty obligations of the Union of Soviet Socialist Republics in a declaration issued at Biskek, Kyrgyzstan, in October 1992. (6) The flight test or deployment of any INF-banned weapon delivery vehicle by the Russian Federation constitutes a militarily significant violation of the INF Treaty. (7) The INF Treaty has unlimited duration, but, under the terms of the Treaty, inspections and continuous monitoring of Russian missile production under the Treaty ceased on June 1, 2001, thus the Treaty no longer offers any verification to detect any militarily significant violations. (8) A major problem exists with respect to the application of the INF Treaty to any new ballistic or cruise missile that is flight tested or otherwise flown once at a range not prohibited by the Treaty (that is a range less than 500 kilometers or more than 5,500 kilometers) but will be flown at a range that is banned by the Treaty (at a range that is between 500 and 5,500 kilometers) as a weapon delivery vehicle. (9) President Obama has not made use of any INF Treaty-provided means to address Russian noncompliance with the Treaty, to include convening a meeting of the Treaty’s Special Verification Commission under Article XIII of the Treaty. (10) The Committee on Foreign Relations of the Senate noted in its 1988 report on the INF Treaty that, In the event Soviet actions appear to contradict their obligations under the treaty, Congress should be kept fully informed. Any questionable activity should be fully discussed in the Special Verification Commission. If the Soviet Union has not, after a sufficient period of time, satisfied United States concerns or ceased the activity in question, and if the Soviet activity is deemed to be militarily significant, the President should propose implementation of an appropriate and proportionate response. . (11) The Administration has not made any serious or credible effort, over several years, to respond to violations by the Russian Federation of its obligations under the INF Treaty. (12) The INF Treaty is no longer effectively verifiable. (13) The Russian Federation’s actions, as detailed in the January 29, 2014, report of the New York Times have defeated the object and purpose of the INF Treaty. (14) Continued noncompliance by the Russian Federation with its obligations under the INF Treaty and continued United States adherence to the INF Treaty, in light of failure to respond in a timely manner to Russian noncompliance, places the supreme interests of the United States and its allies in the North Atlantic Treaty Organization (NATO) in jeopardy. (15) The Russian Federation has violated its obligations under the 1994 Budapest Memorandum on Security Assurances and has rendered null the effect and assurances of the NATO–Russia Founding Act of 1997. 3. Sense of Congress It is the sense of Congress that— (1) the Russian Federation, through its flight testing of both a ballistic missile intended for intermediate-range targets as well its flight testing of a ground-launched cruise missile prohibited by the INF Treaty has acted contrary to the object and purpose of a central purpose of the Treaty and is therefore in material breach of its obligations under the Treaty; and (2) the President, after consultation with United States allies directly affected by such Russian Federation ballistic missiles or cruise missiles, should take such actions as the President determines to be necessary to deny the Russian Federation any militarily significant advantage resulting from its noncompliance with the INF Treaty. 4. Limitation on funds for programs, projects, or activities of the U.S.-Russia Bilateral Presidential Commission No funds made available to the Department of State may be used to carry out programs, projects, or activities of the U.S.-Russia Bilateral Presidential Commission until the President certifies to the appropriate congressional committees that the Russian Federation as of the date of the certification has or has not flight tested a ballistic missile at strategic range in a configuration (booster stages, post-boost vehicle, or reentry vehicles) that is unlike a configuration that is used for remaining tests of the system at ranges that are prohibited under the INF Treaty. 5. Program to research and develop ground-launched cruise missile and ground-launched ballistic missile capabilities (a) Program required The President shall establish and carry out a program to research and develop ground-launched cruise missile and ground-launched ballistic missile capabilities, including by modification of exiting United States military capabilities, with a range between 500 and 5,500 kilometers. (b) Study and report (1) Study The President shall conduct a study for potential sites of the cruise missile and ballistic missile capabilities specified in subsection (a). In conducting the study, the President shall consider selecting sites on United States overseas military bases and sites offered by United States allies. (2) Report Not later than 1 year after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report that contains the results of the study. (c) Waiver The President may waive the requirement to establish and carry out the program under subsection (a) if, on or before October 1, 2014, the President certifies to the appropriate congressional committees that— (1) the Russian Federation is in compliance with all of its obligations under the INF Treaty; and (2) the Russian Federation has verifiably and completely eliminated any military system that it has developed, flight tested, and deployed in violation of the INF Treaty. (d) Authorization of appropriations There is authorized to be appropriated to the President $100,000,000 for fiscal year 2015 to carry out the program under subsection (a). 6. Additional defensive responses to Russian Federation’s violation of INF Treaty The Secretary of Defense shall ensure that the Aegis Ashore sites in Romania and Poland are deployed, consistent with the timelines established in the Ballistic Missile Defense Review of 2010, with an operational capability to defend against short-, medium-, and intermediate-range ballistic missiles and cruise missiles launched by the Russian Federation. 7. Sanctions (a) In general If, on or before the date that is 180 days after the date of the enactment of this section, the President does not certify to the appropriate congressional committees that the Russian Federation is not developing or deploying any military system that violates or circumvents the INF Treaty, the President shall impose the sanctions described in subsection (b). (b) Sanctions described The sanctions referred to in subsection (a) are the following: (1) The President shall suspend any cooperation with the Russian Federation related to any aspect of the United States program for national, theater, or regional missile defense, including any provision of any data generated by the United States in any test of any missile defense technology. (2) The President shall deny any license pursuant to section 57 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2077 b.) for the export of any nuclear material, equipment, or technology to the Russian Federation. (3) The President shall terminate the United States of the Agreement Between the Government of the United States of America and the Government of the Russian Federation for Cooperation in the Field of Peaceful Uses of Nuclear Energy, entered into force January 12, 2011, in accordance with the provisions of Article 20(1) of that Agreement. (4) The President shall not award any United States Government contract to a private or public entity in the Russian Federation. (c) Waiver The President may waive the requirement to impose sanctions under this section beginning on or after the date on which the President certifies to the appropriate congressional committees that the Russian Federation has provided to the United States the following: (1) A list of all intermediate-range and shorter-range missiles, as such terms are defined in the INF Treaty, as well as their launchers, support structures, and support equipment that are not intermediate-range and shorter-range missiles listed under Article III of the Treaty as existing types and which have been designed, developed, flight tested or deployed by the Russian Federation since June 1, 2001. (2) A list of all deployment bases for any intermediate-range and shorter-range missiles, as such terms are defined in the INF Treaty, including in particular, any base for any road-mobile, ground-launched ballistic and cruise missiles that are not bases at which such missiles were located on June 1, 2001. (3) A list of all flight tests carried out by the Russian Federation for any new type of ground-launched ballistic or cruise missile which has been flight tested at one or more times below a range of 500 kilometers or above 5,500 kilometers. (4) A list of all production facilities used for the design and development of any ballistic or cruise missile that is prohibited under the INF Treaty. (5) A description of the reasons that the Government of the Russian Federation has provided for undertaking the design, development, and deployment of any ballistic or cruise missile that is prohibited under the INF Treaty. 8. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Appropriations, the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives; and (B) the Committee on Appropriations, the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate. (2) INF Treaty or Treaty The term INF Treaty or Treaty means the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Elimination of Their Intermediate-Range and Shorter-Range Missiles, commonly referred to as the Intermediate-Range Nuclear Forces (INF) Treaty, signed at Washington December 8, 1987, and entered into force June 1, 1988.
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113-hr-5294
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I 113th CONGRESS 2d Session H. R. 5294 IN THE HOUSE OF REPRESENTATIVES July 30, 2014 Ms. Roybal-Allard (for herself, Ms. Lee of California , Mrs. Christensen , Ms. Bordallo , Ms. Brown of Florida , Mr. Butterfield , Ms. Chu , Ms. Clarke of New York , Mr. Cárdenas , Mr. Carson of Indiana , Ms. Castor of Florida , Mr. Conyers , Mr. Crowley , Mr. Cummings , Mr. Danny K. Davis of Illinois , Ms. DeGette , Ms. DeLauro , Ms. Edwards , Mr. Ellison , Mr. Faleomavaega , Mr. Farr , Mr. Fattah , Ms. Fudge , Mr. Garcia , Mr. Grijalva , Ms. Michelle Lujan Grisham of New Mexico , Mr. Gutiérrez , Ms. Hahn , Mr. Hinojosa , Mr. Honda , Ms. Jackson Lee , Ms. Eddie Bernice Johnson of Texas , Mr. Johnson of Georgia , Mr. Lewis , Ms. Lofgren , Mrs. Lowey , Mr. Ben Ray Luján of New Mexico , Ms. Matsui , Ms. McCollum , Mr. McGovern , Mrs. Negrete McLeod , Mr. Meeks , Ms. Meng , Mrs. Napolitano , Ms. Norton , Mr. Pastor of Arizona , Mr. Pierluisi , Mr. Rangel , Mr. Richmond , Mr. Rush , Mr. Sablan , Ms. Linda T. Sánchez of California , Ms. Loretta Sanchez of California , Ms. Schakowsky , Mr. Schiff , Mr. David Scott of Georgia , Mr. Scott of Virginia , Mr. Serrano , Mr. Sires , Ms. Slaughter , Mr. Takano , Mr. Tonko , Mr. Vargas , Mr. Vela , Ms. Velázquez , and Ms. Waters ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on Ways and Means , Agriculture , Education and the Workforce , the Budget , Veterans’ Affairs , Armed Services , the Judiciary , and Natural Resources , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To improve the health of minority individuals, and for other purposes.
1. Short title This Act may be cited as the Health Equity and Accountability Act of 2014 . 2. Table of contents The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Findings. Title I—Data collection and reporting Sec. 101. Amendment to the Public Health Service Act . Sec. 102. Elimination of prerequisite of direct appropriations for data collection and analysis. Sec. 103. Collection of race and ethnicity data by the Social Security Administration. Sec. 104. Revision of HIPAA claims standards. Sec. 105. National Center for Health Statistics. Sec. 106. Oversampling of Asian-Americans, Native Hawaiians, or Pacific Islanders and other underrepresented groups in Federal health surveys. Sec. 107. Geo-access study. Sec. 108. Racial, ethnic, and primary language data collected by the Federal Government. Sec. 109. Data collection and analysis grants to minority-serving institutions. Sec. 110. Standards for measuring sexual orientation and gender identity in collection of health data. Sec. 111. Standards for measuring socioeconomic status in collection of health data. Sec. 112. Safety and effectiveness of drugs with respect to racial and ethnic background. Sec. 113. Improving health data regarding Native Hawaiians and other Pacific Islanders. Sec. 114. Clarification of simplified administrative reporting requirement. Title II—Culturally and linguistically appropriate health care Sec. 201. Definitions. Sec. 202. Amendment to the Public Health Service Act. Sec. 203. Pilot program for improvement and development of State medical interpreting services. Sec. 204. Training tomorrow’s doctors for culturally and linguistically appropriate care: graduate medical education. Sec. 205. Federal reimbursement for culturally and linguistically appropriate services under the Medicare, Medicaid, and State Children’s Health Insurance Programs. Sec. 206. Increasing understanding of and improving health literacy. Sec. 207. Assurances for receiving Federal funds. Sec. 208. Report on Federal efforts to provide culturally and linguistically appropriate health care services. Sec. 209. English for speakers of other languages. Sec. 210. Implementation. Sec. 211. Language access services. Title III—Health workforce Diversity Sec. 301. Amendment to the Public Health Service Act . Sec. 302. Hispanic-serving health professions schools. Sec. 303. Loan repayment program of Centers for Disease Control and Prevention. Sec. 304. Cooperative agreements for online degree programs at schools of public health and schools of allied health. Sec. 305. Sense of Congress on the mission of the National Health Care Workforce Commission. Sec. 306. Scholarship and fellowship programs. Sec. 307. McNair Postbaccalaureate Achievement Program. Sec. 308. Rules for determination of full-time equivalent residents for cost-reporting periods. Sec. 309. Developing and implementing strategies for local health equity. Sec. 310. Loan forgiveness for mental and behavioral health social workers. Sec. 311. Health Professions Workforce Fund. Sec. 312. Findings; sense of Congress relating to graduate medical education. Sec. 313. Career support for skilled internationally educated health professionals. Title IV—Improvement of Health Care Services Subtitle A—Health Empowerment Zones Sec. 401. Short title. Sec. 402. Findings. Sec. 403. Designation of health empowerment zones. Sec. 404. Assistance to those seeking designation. Sec. 405. Benefits of designation. Sec. 406. Definition. Sec. 407. Authorization of appropriations. Subtitle B—Other Improvements of Health Care Services Chapter 1—Expansion of Coverage Sec. 411. Amendment to the Public Health Service Act . Sec. 412. Removing citizenship and immigration barriers to access to affordable health care under the ACA. Sec. 413. Study on the uninsured. Sec. 414. Medicaid payment parity for the territories. Sec. 415. Extension of Medicare secondary payer. Sec. 416. Border health grants. Sec. 417. Removing Medicare barrier to health care. Sec. 418. 100 percent FMAP for medical assistance provided by urban Indian health centers. Sec. 419. 100 percent FMAP for medical assistance provided to a Native Hawaiian through a federally qualified health center or a Native Hawaiian health care system under the Medicaid program. Chapter 2—Expansion of Access Sec. 421. Grants for racial and ethnic approaches to community health. Sec. 422. Critical access hospital improvements. Sec. 423. Establishment of Rural Community Hospital (RCH) Program. Sec. 424. Medicare remote monitoring pilot projects. Sec. 425. Rural health quality advisory commission and demonstration projects. Sec. 426. Rural health care services. Sec. 427. Community health center collaborative access expansion. Sec. 428. Facilitating the provision of telehealth services across State lines. Sec. 429. Scoring of preventive health savings. Sec. 430. Sense of Congress. Sec. 431. Repeal of requirement for documentation evidencing citizenship or nationality under the Medicaid program. Sec. 432. Office of Minority Health in Veterans Health Administration of Department of Veterans Affairs. Sec. 433. Indian defined in PPACA. Sec. 434. Study of DSH payments to ensure hospital access for low-income patients. Sec. 435. Assistant Secretary of the Indian Health Service. Sec. 436. Reauthorization of the Native Hawaiian Health Care Improvement Act. Title V—IMPROVING HEALTH OUTCOMES FOR WOMEN, CHILDREN, AND FAMILIES Sec. 501. Grants to promote positive health behaviors in women and children. Sec. 502. Removing barriers to health care and nutrition assistance for children, pregnant women, and lawfully present individuals. Sec. 503. Repeal of denial of benefits. Sec. 504. Birth defects prevention, risk reduction, and awareness. Sec. 505. Uniform State maternal mortality review committees on pregnancy-related deaths. Sec. 506. Eliminating disparities in maternity health outcomes. Sec. 507. Decreasing the risk factors for sudden unexpected infant death and sudden unexplained death in childhood. Sec. 508. Reducing unintended teenage pregnancies. Sec. 509. Gestational diabetes. Sec. 510. Emergency contraception education and information programs. Sec. 511. Supporting healthy adolescent development. Sec. 512. Compassionate assistance for rape emergencies. Sec. 513. Access to birth control duties of pharmacies to ensure provision of FDA-approved contraception. Sec. 514. Additional focus area for the Office on Women’s Health. Sec. 515. Interagency coordinating committee on the promotion of optimal maternity outcomes. Sec. 516. Consumer education campaign. Sec. 517. Bibliographic database of systematic reviews for care of childbearing women and newborns. Sec. 518. Maternity care health professional shortage areas. Sec. 519. Expansion of CDC prevention research centers program to include centers on optimal maternity outcomes. Sec. 520. Expanding models allowed to be tested by Center for Medicare and Medicaid Innovation to include maternity care models. Sec. 521. Development of interprofessional maternity care educational models and tools. Sec. 522. Including within inpatient hospital services under Medicare services furnished by certain students, interns, and residents supervised by certified nurse midwives. Sec. 523. Grants to professional organizations to increase diversity in maternity care professionals. Title VI—MENTAL HEALTH Sec. 601. Coverage of marriage and family therapist services, mental health counselor services, and substance abuse counselor services under part B of the Medicare program. Sec. 602. Minority Fellowship Program. Sec. 603. Integrated Health Care Demonstration Program. Sec. 604. Addressing racial and ethnic minority mental health disparities research gaps. Sec. 605. Health professions competencies to address racial and ethnic minority mental health disparities. Title VII—ADDRESSING HIGH IMPACT MINORITY DISEASES Subtitle A—Cancer Sec. 701. Lung cancer mortality reduction. Sec. 702. Expanding prostate cancer research, outreach, screening, testing, access, and treatment effectiveness. Sec. 703. Improved Medicaid coverage for certain breast and cervical cancer patients in the territories. Sec. 704. Cancer prevention and treatment demonstration for ethnic and racial minorities. Sec. 705. Reducing cancer disparities within Medicare. Subtitle B—Viral Hepatitis and Liver Cancer Control and Prevention Sec. 711. Viral hepatitis and liver cancer control and prevention. Subtitle C—Acquired Bone Marrow Failure Diseases Sec. 721. Acquired bone marrow failure diseases. Subtitle D—Cardiovascular Disease, Chronic Disease, and Other Disease Issues Sec. 731. Guidelines for disease screening for minority patients. Sec. 732. CDC Wisewoman Screening Program. Sec. 733. Report on cardiovascular care for women and minorities. Sec. 734. Coverage of comprehensive tobacco cessation services in Medicaid. Sec. 735. Clinical research funding for oral health. Sec. 736. Participation by Medicaid beneficiaries in approved clinical trials. Subtitle E—HIV/AIDS Sec. 741. Statement of policy. Sec. 742. Findings. Sec. 743. Additional funding for AIDS drug assistance program treatments. Sec. 744. Enhancing the national HIV surveillance system. Sec. 745. Evidence-based strategies for improving linkage to and retention in appropriate care. Sec. 746. Improving entry into and retention in care and antiretroviral adherence for persons with HIV. Sec. 747. Services to reduce HIV/AIDS in racial and ethnic minority communities. Sec. 748. Minority AIDS initiative. Sec. 749. Health care professionals treating individuals with HIV/AIDS. Sec. 750. HIV/AIDS provider loan repayment program. Sec. 751. Dental education loan repayment program. Sec. 752. Reducing new HIV infections among injecting drug users. Sec. 753. Support for expansion of comprehensive sexual health and education programs. Sec. 754. Elimination of abstinence-only education program. Sec. 755. Report on impact of HIV/AIDS in vulnerable populations. Sec. 756. National HIV/AIDS observance days. Sec. 757. Review of all Federal and State laws, policies, and regulations regarding the criminal prosecution of individuals for HIV-related offenses. Sec. 758. Repeal of limitation against use of funds for education or information designed to promote or encourage, directly, homosexual or heterosexual activity or intravenous substance abuse. Sec. 759. Expanding support for condoms in prisons. Sec. 760. Automatic reinstatement or enrollment in Medicaid for people who test positive for HIV before reentering communities. Sec. 761. Stop AIDS in prison. Sec. 762. Support data system review and indicators for monitoring HIV care. Sec. 763. Transfer of funds for implementation of national HIV/AIDS strategy. Sec. 764. HIV integrated services delivery model demonstration. Sec. 765. Report on the implementation of goal 4 (improved coordination) of the national HIV/AIDS strategy. Subtitle F—Diabetes Sec. 771. Research, treatment, and education. Sec. 772. Research, education, and other activities. Sec. 773. Research, education, and other activities. Sec. 774. Research, education, and other activities. Sec. 775. Updated report on health disparities. Subtitle G—Lung Disease Sec. 776. Expansion of the National Asthma Education and Prevention Program. Sec. 777. Asthma-related activities of the Centers for Disease Control and Prevention. Sec. 778. Influenza and pneumonia vaccination campaign. Sec. 779. Chronic obstructive pulmonary disease action plan. Subtitle H—Osteoarthritis and Musculoskeletal Diseases Sec. 781. Findings. Sec. 782. Osteoarthritis and other musculoskeletal health-related activities of the Centers for Disease Control and Prevention. Subtitle I—Sleep and Circadian Rhythm Disorders Sec. 791. Short title; findings. Sec. 792. Sleep and circadian rhythm disorders research activities of the National Institutes of Health. Sec. 793. Sleep and circadian rhythm health disparities-related activities of the Centers for Disease Control and Prevention. Title VIII—Health Information Technology Sec. 800. Definitions. Subtitle A—Reducing Health Disparities Through Health IT Sec. 801. HRSA assistance to health centers for promotion of Health IT. Sec. 802. Assessment of impact of Health IT on racial and ethnic minority communities; outreach and adoption of Health IT in such communities. Subtitle B—Modifications To Achieve Parity in Existing Programs Sec. 811. Extending funding to strengthen the Health IT infrastructure in racial and ethnic minority communities. Sec. 812. Prioritizing regional extension center assistance to racial and ethnic minority groups. Sec. 813. Extending competitive grants for the development of loan programs to facilitate adoption of certified EHR technology by providers serving racial and ethnic minority groups. Sec. 814. Authorization of appropriations. Subtitle C—Additional Research and Studies Sec. 831. Data collection and assessments conducted in coordination with minority-serving institutions. Sec. 832. Study of health information technology in medically underserved communities. Subtitle D—Closing Gaps in Funding To Adopt Certified EHRs Sec. 841. Application of Medicare HITECH payments to hospitals in Puerto Rico. Sec. 842. Extending Medicaid EHR incentive payments to rehabilitation facilities, long-term care facilities, and home health agencies. Sec. 843. Extending physician assistant eligibility for Medicaid electronic health record incentive payments. Title IX—Accountability and Evaluation Sec. 901. Prohibition on discrimination in Federal assisted health care services and research programs on the basis of sex, race, color, national origin, marital status, familial status, sexual orientation, gender identity, or disability status. Sec. 902. Treatment of Medicare payments under title VI of the Civil Rights Act of 1964. Sec. 903. Accountability and transparency within the Department of Health and Human Services. Sec. 904. United States Commission on Civil Rights. Sec. 905. Sense of Congress concerning full funding of activities to eliminate racial and ethnic health disparities. Sec. 906. GAO and NIH reports. Title X—Addressing Social Determinants and Improving Environmental Justice Sec. 1001. Definitions. Sec. 1002. Findings. Sec. 1003. Health impact assessments. Sec. 1004. Implementation of recommendations by Environmental Protection Agency. Sec. 1005. Grant program to conduct environmental health improvement activities and to improve social determinants of health. Sec. 1006. Additional research on the relationship between the built environment and the health of community residents. Sec. 1007. Environment and public health restoration. Sec. 1008. GAO report on health effects of Deepwater Horizon oil rig explosion in the Gulf Coast. 3. Findings The Congress finds as follows: (1) The population of racial and ethnic minorities is expected to increase over the next few decades, yet racial and ethnic minorities have the poorest health status and face substantial cultural, social, and economic barriers to obtaining quality health care. (2) Health disparities are a function of not only access to health care, but also the social determinants of health—including the environment, the physical structure of communities, nutrition and food options, educational attainment, employment, race, ethnicity, sex, geography, language preference, immigrant or citizenship status, sexual orientation, gender identity, socioeconomic status, or disability status—that directly and indirectly affect the health, health care, and wellness of individuals and communities. (3) By 2020, the Nation will face a shortage of health care providers and allied health workers and this shortage disproportionately affects health professional shortage areas where many racial and ethnic minority populations reside. (4) All efforts to reduce health disparities and barriers to quality health services require better and more consistent data. (5) A full range of culturally and linguistically appropriate health care and public health services must be available and accessible in every community. (6) Racial and ethnic minorities and underserved populations must be included early and equitably in health reform innovations. (7) Efforts to improve minority health have been limited by inadequate resources in funding, staffing, stewardship, and accountability. Targeted investments that are focused on disparities elimination must be made in providing care and services that are community-based, including prevention and policies addressing social determinants of health. (8) In 2011, the Department of Health and Human Services developed the HHS Action Plan to Reduce Racial and Ethnic Health Disparities and the National Stakeholder Strategy for Achieving Health Equity, two strategic plans that represent the country’s first coordinated roadmap to reducing health disparities. Along with the National Prevention Strategy, Healthy People 2020, and the National Health Care Quality Strategy, as well as critical resources such as the 2012 National Healthcare Quality and Disparities Reports, these comprehensive plans will work to increase the number of Americans who are healthy at every stage of life. (9) The Department of Health and Human Services also developed other strategic planning documents to combat disease disparities with a high impact on minority populations including the National HIV/AIDS Strategy, and the Action Plan for the Prevention, Care and Treatment of Viral Hepatitis. (10) The Patient Protection and Affordable Care Act, as amended by the Health Care and Education Reconciliation Act, represents the biggest advancement for minority health in the last 40 years. I Data collection and reporting 101. Amendment to the Public Health Service Act (a) Purpose It is the purpose of this section to promote data collection, analysis, and reporting by race, ethnicity, sex, primary language, sexual orientation, disability status, gender identity, and socioeconomic status among federally supported health programs. (b) Amendment Title XXXIV of the Public Health Service Act , as amended by titles II and III of this Act, is further amended by inserting after subtitle A the following: B Strengthening data collection, improving data analysis, and expanding data reporting 3431. Health disparity data (a) Requirements (1) In general Each health-related program operated by or that receives funding or reimbursement, in whole or in part, either directly or indirectly from the Department of Health and Human Services shall— (A) require the collection, by the agency or program involved, of data on the race, ethnicity, sex, primary language, sexual orientation, disability status, gender identity, and socioeconomic status of each applicant for and recipient of health-related assistance under such program— (i) using, at a minimum, the standards for data collection on race, ethnicity, sex, primary language, sexual orientation, disability status, gender identity, and socioeconomic status developed under section 3101; (ii) collecting data for additional population groups if such groups can be aggregated into the race and ethnicity categories outlined by the standards developed under section 3101; (iii) additionally referring, where practicable, to the standards developed by the Institute of Medicine in Race, Ethnicity, and Language Data: Standardization for Health Care Quality Improvement ; and (iv) where practicable, through self-reporting; (B) with respect to the collection of the data described in subparagraph (A), for applicants and recipients who are minors, require communication assistance in speech or writing, and for applicants and recipients who are otherwise legally incapacitated, require that— (i) such data be collected from the parent or legal guardian of such an applicant or recipient; and (ii) the primary language of the parent or legal guardian of such an applicant or recipient be collected; (C) systematically analyze such data using the smallest appropriate units of analysis feasible to detect racial and ethnic disparities, as well as disparities along the lines of primary language, sex, disability status, sexual orientation, gender identity, and socioeconomic status in health and health care, and report the results of such analysis to the Secretary, the Director of the Office for Civil Rights, each agency listed in section 3101(c)(1), the Committee on Health, Education, Labor, and Pensions and the Committee on Finance of the Senate, and the Committee on Energy and Commerce and the Committee on Ways and Means of the House of Representatives; (D) provide such data to the Secretary on at least an annual basis; and (E) ensure that the provision of assistance to an applicant or recipient of assistance is not denied or otherwise adversely affected because of the failure of the applicant or recipient to provide race, ethnicity, primary language, sex, sexual orientation, disability status, gender identity, and socioeconomic status data. (2) Rules of construction Nothing in this subsection shall be construed to— (A) permit the use of information collected under this subsection in a manner that would adversely affect any individual providing any such information; or (B) diminish existing or future requirements on health care providers to collect data. (3) No compelled disclosure of data This title does not authorize any health care provider, Federal official, or other entity to compel the disclosure of any data collected under this title. The disclosure of any such data by an individual pursuant to this title shall be strictly voluntary. (b) Protection of data The Secretary shall ensure (through the promulgation of regulations or otherwise) that all data collected pursuant to subsection (a) are protected— (1) under the same privacy protections as the Secretary applies to other health data under the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( Public Law 104–191 ; 110 Stat. 2033) relating to the privacy of individually identifiable health information and other protections; and (2) from all inappropriate internal use by any entity that collects, stores, or receives the data, including use of such data in determinations of eligibility (or continued eligibility) in health plans, and from other inappropriate uses, as defined by the Secretary. (c) National plan of the data Council The Secretary shall develop and implement a national plan to ensure the collection of data in a culturally appropriate and competent manner, to improve the collection, analysis, and reporting of racial, ethnic, sex, primary language, sexual orientation, disability status, gender identity, and socioeconomic status data at the Federal, State, territorial, tribal, and local levels, including data to be collected under subsection (a), and to ensure that data collection activities carried out under this section are in compliance with the standards developed under section 3101. The Data Council of the Department of Health and Human Services, in consultation with the National Committee on Vital Health Statistics, the Office of Minority Health, Office on Women’s Health, and other appropriate public and private entities, shall make recommendations to the Secretary concerning the development, implementation, and revision of the national plan. Such plan shall include recommendations on how to— (1) implement subsection (a) while minimizing the cost and administrative burdens of data collection and reporting; (2) expand awareness among Federal agencies, States, territories, Indian tribes, health providers, health plans, health insurance issuers, and the general public that data collection, analysis, and reporting by race, ethnicity, primary language, sexual orientation, disability status, gender identity, and socioeconomic status is legal and necessary to assure equity and nondiscrimination in the quality of health care services; (3) ensure that future patient record systems have data code sets for racial, ethnic, primary language, sexual orientation, disability status, gender identity, and socioeconomic status identifiers and that such identifiers can be retrieved from clinical records, including records transmitted electronically; (4) improve health and health care data collection and analysis for more population groups if such groups can be aggregated into the minimum race and ethnicity categories, including exploring the feasibility of enhancing collection efforts in States for racial and ethnic groups that comprise a significant proportion of the population of the State; (5) provide researchers with greater access to racial, ethnic, primary language, sexual orientation, disability status, gender identity, and socioeconomic status data, subject to privacy and confidentiality regulations; and (6) safeguard and prevent the misuse of data collected under subsection (a). (d) Compliance with Standards Data collected under subsection (a) shall be obtained, maintained, and presented (including for reporting purposes) in accordance with the standards developed under section 3101. (e) Technical assistance for the collection and reporting of data (1) In general The Secretary may, either directly or through grant or contract, provide technical assistance to enable a health care program or an entity operating under such program to comply with the requirements of this section. (2) Types of assistance Assistance provided under this subsection may include assistance to— (A) enhance or upgrade computer technology that will facilitate racial, ethnic, primary language, sexual orientation, disability status, gender identity, and socioeconomic status data collection and analysis; (B) improve methods for health data collection and analysis, including additional population groups if such groups can be aggregated into the race and ethnicity categories outlined by the standards developed under section 3101; (C) develop mechanisms for submitting collected data subject to existing privacy and confidentiality regulations; and (D) develop educational programs to inform health insurance issuers, health plans, health providers, health-related agencies, and the general public that data collection and reporting by race, ethnicity, primary language, sexual orientation, disability status, gender identity, and socioeconomic status are legal and essential for eliminating health and health care disparities. (f) Analysis of health disparity data The Secretary, acting through the Director of the Agency for Healthcare Research and Quality and in coordination with the Administrator of the Centers for Medicare & Medicaid Services, shall provide technical assistance to agencies of the Department of Health and Human Services in meeting Federal standards for health disparity data collection and for analysis of racial and ethnic disparities in health and health care in public programs by— (1) identifying appropriate quality assurance mechanisms to monitor for health disparities; (2) specifying the clinical, diagnostic, or therapeutic measures which should be monitored; (3) developing new quality measures relating to racial and ethnic disparities and their overlap with other disparity factors in health and health care; (4) identifying the level at which data analysis should be conducted; and (5) sharing data with external organizations for research and quality improvement purposes. (g) Primary language References in this section— (1) to primary language data, include spoken and written primary language data; and (2) to primary language data collection activities, include identifying, collecting, storing, tracking, and analyzing primary language data and information on the methods used to meet the language access needs of limited-English-proficient individuals. (h) Definition In this section, the term health-related program mean a program— (1) under the Social Security Act ( 42 U.S.C. 301 et seq. ) that pays for health care and services; and (2) under this Act that provides Federal financial assistance for health care, biomedical research, or health services research and or is designed to improve the public’s health. (i) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2015 through 2020. 3432. Provisions relating to Native Americans (a) Establishment of epidemiology centers The Secretary shall establish an epidemiology center in each service area to carry out the functions described in subsection (b). Any new center established after the date of the enactment of the Health Equity and Accountability Act of 2014 may be operated under a grant authorized by subsection (d), but funding under such a grant shall not be divisible. (b) Functions of centers In consultation with and upon the request of Indian tribes, tribal organizations, and urban Indian organizations, each service area epidemiology center established under this subsection shall, with respect to such service area— (1) collect data relating to, and monitor progress made toward meeting, each of the health status objectives of the service, the Indian tribes, tribal organizations, and urban Indian organizations in the service area; (2) evaluate existing delivery systems, data systems, and other systems that impact the improvement of Indian health; (3) assist Indian tribes, tribal organizations, and urban Indian organizations in identifying their highest priority health status objectives and the services needed to achieve such objectives, based on epidemiological data; (4) make recommendations for the targeting of services needed by the populations served; (5) make recommendations to improve health care delivery systems for Indians and urban Indians; (6) provide requested technical assistance to Indian tribes, tribal organizations, and urban Indian organizations in the development of local health service priorities and incidence and prevalence rates of disease and other illness in the community; and (7) provide disease surveillance and assist Indian tribes, tribal organizations, and urban Indian organizations to promote public health. (c) Technical assistance The Director of the Centers for Disease Control and Prevention shall provide technical assistance to the centers in carrying out the requirements of this subsection. (d) Grants for studies (1) In general The Secretary may make grants to Indian tribes, tribal organizations, urban Indian organizations, and eligible intertribal consortia to conduct epidemiological studies of Indian communities. (2) Eligible intertribal consortia An intertribal consortium is eligible to receive a grant under this subsection if— (A) the intertribal consortium is incorporated for the primary purpose of improving Indian health; and (B) the intertribal consortium is representative of the Indian tribes or urban Indian communities in which the intertribal consortium is located. (3) Applications An application for a grant under this subsection shall be submitted in such manner and at such time as the Secretary shall prescribe. (4) Requirements An applicant for a grant under this subsection shall— (A) demonstrate the technical, administrative, and financial expertise necessary to carry out the functions described in paragraph (5); (B) consult and cooperate with providers of related health and social services in order to avoid duplication of existing services; and (C) demonstrate cooperation from Indian tribes or urban Indian organizations in the area to be served. (5) Use of funds A grant awarded under paragraph (1) may be used— (A) to carry out the functions described in subsection (b); (B) to provide information to and consult with tribal leaders, urban Indian community leaders, and related health staff on health care and health service management issues; and (C) in collaboration with Indian tribes, tribal organizations, and urban Indian communities, to provide the service with information regarding ways to improve the health status of Indians. (e) Access to information An epidemiology center operated by a grantee pursuant to a grant awarded under subsection (d) shall be treated as a public health authority for purposes of the Health Insurance Portability and Accountability Act of 1996 ( Public Law 104–191 ; 110 Stat. 2033), as such entities are defined in part 164.501 of title 45, Code of Federal Regulations (or a successor regulation). The Secretary shall grant such grantees access to and use of data, data sets, monitoring systems, delivery systems, and other protected health information in the possession of the Secretary. . 102. Elimination of prerequisite of direct appropriations for data collection and analysis Section 3101 of the Public Health Service Act ( 42 U.S.C. 300kk ) is amended— (1) by striking subsection (h); and (2) by redesignating subsection (i) as subsection (h). 103. Collection of race and ethnicity data by the Social Security Administration Part A of title XI of the Social Security Act ( 42 U.S.C. 1301 et seq. ) is amended by adding at the end the following: 1150C. Collection of race and ethnicity data by the Social Security Administration (a) Requirement The Commissioner of Social Security, in consultation with the Administrator of the Centers for Medicare & Medicaid Services, shall— (1) require the collection of data on the race, ethnicity, primary language, and disability status of all applicants for Social Security account numbers or benefits under title II or part A of title XVIII and all individuals with respect to whom the Commissioner maintains records of wages and self-employment income in accordance with reports received by the Commissioner or the Secretary of the Treasury— (A) using, at a minimum, the standards for data collection on race, ethnicity, primary language, and disability status developed under section 3101 of the Public Health Service Act; (B) where practicable, collecting data for additional population groups if such groups can be aggregated into the race and ethnicity categories outlined by the standards developed under section 3101 of the Public Health Service Act; and (C) additionally referring, where practicable, to the standards developed by the Institute of Medicine in Race, Ethnicity, and Language Data: Standardization for Health Care Quality Improvement (released August 31, 2009); (2) with respect to the collection of the data described in paragraph (1) for applicants who are under 18 years of age or otherwise legally incapacitated, require that— (A) such data be collected from the parent or legal guardian of such an applicant; and (B) the primary language of the parent or legal guardian of such an applicant or recipient be used; (3) require that such data be uniformly analyzed and reported at least annually to the Commissioner of Social Security; (4) be responsible for storing the data reported under paragraph (3); (5) ensure transmission to the Centers for Medicare & Medicaid Services and other Federal health agencies; (6) provide such data to the Secretary on at least an annual basis; and (7) ensure that the provision of assistance to an applicant is not denied or otherwise adversely affected because of the failure of the applicant to provide race, ethnicity, primary language, and disability status data. (b) Protection of data The Commissioner of Social Security shall ensure (through the promulgation of regulations or otherwise) that all data collected pursuant to subsection (a) are protected— (1) under the same privacy protections as the Secretary applies to health data under the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( Public Law 104–191 ; 110 Stat. 2033) relating to the privacy of individually identifiable health information and other protections; and (2) from all inappropriate internal use by any entity that collects, stores, or receives the data, including use of such data in determinations of eligibility (or continued eligibility) in health plans, and from other inappropriate uses, as defined by the Secretary. (c) Rule of construction Nothing in this section shall be construed to permit the use of information collected under this section in a manner that would adversely affect any individual providing any such information. (d) Technical assistance The Secretary may, either directly or by grant or contract, provide technical assistance to enable any health entity to comply with the requirements of this section. (e) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2015 through 2020. . 104. Revision of HIPAA claims standards (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall revise the regulations promulgated under part C of title XI of the Social Security Act ( 42 U.S.C. 1320d et seq. ), relating to the collection of data on race, ethnicity, and primary language in a health-related transaction, to require— (1) the use, at a minimum, of the standards for data collection on race, ethnicity, primary language, disability, and sex developed under section 3101 of the Public Health Service Act ( 42 U.S.C. 300kk ); and (2) the designation of the racial, ethnic, primary language, disability, and sex code sets as required for claims and enrollment data. (b) Dissemination The Secretary of Health and Human Services shall disseminate the new standards developed under subsection (a) to all health entities that are subject to the regulations described in such subsection and provide technical assistance with respect to the collection of the data involved. (c) Compliance The Secretary of Health and Human Services shall require that health entities comply with the new standards developed under subsection (a) not later than 2 years after the final promulgation of such standards. 105. National Center for Health Statistics Section 306(n) of the Public Health Service Act ( 42 U.S.C. 242k(n) ) is amended— (1) in paragraph (1), by striking 2003 and inserting 2020 ; (2) in paragraph (2), in the first sentence, by striking 2003 and inserting 2020 ; and (3) in paragraph (3), by striking 2002 and inserting 2020 . 106. Oversampling of Asian-Americans, Native Hawaiians, or Pacific Islanders and other underrepresented groups in Federal health surveys Part B of title III of the Public Health Service Act ( 42 U.S.C. 243 et seq. ) is amended by inserting after section 317T the following: 317U. Oversampling of Asian-Americans, Native Hawaiians, or Pacific Islanders and other underrepresented groups in Federal health surveys (a) National strategy (1) In general The Secretary of Health and Human Services, acting through the Director of the National Center for Health Statistics (referred to in this section as NCHS ) of the Centers for Disease Control and Prevention, and other agencies within the Department of Health and Human Services as the Secretary determines appropriate, shall develop and implement an ongoing and sustainable national strategy for oversampling Asian-Americans, Native Hawaiians, or Pacific Islanders, and other underrepresented populations as determined appropriate by the Secretary in Federal health surveys. (2) Consultation In developing and implementing a national strategy, as described in paragraph (1), not later than 180 days after the date of the enactment of the this section, the Secretary— (A) shall consult with representatives of community groups, nonprofit organizations, nongovernmental organizations, and government agencies working with Asian-Americans, Native Hawaiians, or Pacific Islanders, and other underrepresented populations; and (B) may solicit the participation of representatives from other Federal departments and agencies. (b) Progress report Not later than 2 years after the date of the enactment of this section, the Secretary shall submit to the Congress a progress report, which shall include the national strategy described in subsection (a)(1). (c) Authorization of appropriations To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2015 through 2020. . 107. Geo-access study The Administrator of the Substance Abuse and Mental Health Services Administration shall— (1) conduct a study to— (A) determine which geographic areas of the United States have shortages of specialty mental health providers; and (B) assess the preparedness of speciality mental health providers to deliver culturally and linguistically appropriate, affordable, and accessible services; and (2) submit a report to the Congress on the results of such study. 108. Racial, ethnic, and primary language data collected by the Federal Government (a) Collection; submission Not later than 90 days after the date of the enactment of this Act, and January 31 of each year thereafter, each department, agency, and office of the Federal Government that has collected racial, ethnic, or primary language data during the preceding calendar year shall submit such data to the Secretary of Health and Human Services. (b) Analysis; public availability; reporting Not later than April 30, 2015, and each April 30 thereafter, the Secretary of Health and Human Services, acting through the Director of the National Institute on Minority Health and Health Disparities and the Deputy Assistant Secretary for Minority Health, shall— (1) collect and analyze the racial, ethnic, and primary language data submitted under subsection (a) for the preceding calendar year; (2) make publicly available such data and the results of such analysis; and (3) submit a report to the Congress on such data and analysis. 109. Data collection and analysis grants to minority-serving institutions (a) Authority The Secretary of Health and Human Services, acting through the National Institute on Minority Health and Health Disparities and the Office of Minority Health, may award grants to access and analyze racial and ethnic, and where possible other health disparity data, to monitor and report on progress to reduce and eliminate disparities in health and health care. (b) Eligible entity In this section, the term eligible entity means a historically Black college or university, an Hispanic-serving institution, a tribal college or university, or an Asian-American, Native American, or Pacific Islander-serving institution with an accredited public health, health policy, or health services research program. 110. Standards for measuring sexual orientation and gender identity in collection of health data Section 3101(a) of the Public Health Service Act ( 42 U.S.C. 300kk(a) ) is amended— (1) in paragraph (1)(A), by inserting sexual orientation, gender identity, before and disability status ; (2) in paragraph (1)(C), by inserting sexual orientation, gender identity, before and disability status ; and (3) in paragraph (2)(B), by inserting sexual orientation, gender identity, before and disability status . 111. Standards for measuring socioeconomic status in collection of health data Section 3101(a) of the Public Health Service Act ( 42 U.S.C. 300kk(a) ), as amended, is amended— (1) in paragraph (1)(A), by inserting socioeconomic status, before and disability status ; (2) in paragraph (1)(C), by inserting socioeconomic status, before and disability status ; and (3) in paragraph (2)(B), by inserting socioeconomic status, before and disability status . 112. Safety and effectiveness of drugs with respect to racial and ethnic background (a) In general Chapter V of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 351 et seq. ) is amended by adding after section 505E the following: 505F. Safety and effectiveness of drugs with respect to racial and ethnic background (a) Preapproval studies If there is evidence that there may be a disparity on the basis of racial or ethnic background as to the safety or effectiveness of a drug, then— (1) (A) the investigations required under section 505(b)(1)(A) shall include adequate and well-controlled investigations of the disparity; or (B) the evidence required under section 351(a) of the Public Health Service Act for approval of a biologics license application for the drug shall include adequate and well-controlled investigations of the disparity; and (2) if the investigations confirm that there is a disparity, the labeling of the drug shall include appropriate information about the disparity. (b) Postmarket studies (1) In general If there is evidence that there may be a disparity on the basis of racial or ethnic background as to the safety or effectiveness of a drug for which there is an approved application under section 505 or a license under section 351 of the Public Health Service Act , the Secretary may by order require the holder of the approved application or license to conduct, by a date specified by the Secretary, postmarketing studies to investigate the disparity. (2) Labeling If the Secretary determines that the postmarket studies confirm that there is a disparity described in paragraph (1), the labeling of the drug shall include appropriate information about the disparity. (3) Study design The Secretary may specify all aspects of study design, including the number of studies and study participants, and the other demographic characteristics of study participants included, in the order requiring postmarket studies of the drug. (4) Modifications of study design The Secretary may by order modify any aspect of the study design as necessary after issuing an order under paragraph (1). (5) Study results The results from studies required under paragraph (1) shall be submitted to the Secretary as supplements to the drug application or biological license application. (c) Disparity The term evidence that there may be a disparity on the basis of racial or ethnic background for adult and pediatric populations as to the safety or effectiveness of a drug includes— (1) evidence that there is a disparity on the basis of racial or ethnic background as to safety or effectiveness of a drug in the same chemical class as the drug; (2) evidence that there is a disparity on the basis of racial or ethnic background in the way the drug is metabolized; and (3) other evidence as the Secretary may determine. (d) Applications under sections 505(b)(2) and 505(j) (1) In general A drug for which an application has been submitted or approved under section 505(j) shall not be considered ineligible for approval under that section or misbranded under section 502 on the basis that the labeling of the drug omits information relating to a disparity on the basis of racial or ethnic background as to the safety or effectiveness of the drug, whether derived from investigations or studies required under this section or derived from other sources, when the omitted information is protected by patent or by exclusivity under clause (iii) or (iv) of section 505(j)(5)(B). (2) Labeling Notwithstanding clauses (iii) and (iv) of section 505(j)(5)(B), the Secretary may require that the labeling of a drug approved under section 505(j) that omits information relating to a disparity on the basis of racial or ethnic background as to the safety or effectiveness of the drug include a statement of any appropriate contraindications, warnings, or precautions related to the disparity that the Secretary considers necessary. . (b) Enforcement Section 502 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 352 ) is amended by adding at the end the following: (cc) If it is a drug and the holder of the approved application under section 505 or license under section 351 of the Public Health Service Act for the drug has failed to complete the investigations or studies, or comply with any other requirement, of section 505F. . (c) Drug fees Section 736(a)(1)(A)(ii) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379h ) is amended by adding after are required the following: , including supplements required under section 505F . 113. Improving health data regarding Native Hawaiians and other Pacific Islanders Part B of title III of the Public Health Service Act ( 42 U.S.C. 243 et seq. ) is amended by inserting after section 317U, as added, the following: 317V. Native Hawaiian and other Pacific Islander health data (a) Definitions In this section: (1) Community group The term community group means a group of NHOPI who are organized at the community level, and may include a church group, social service group, national advocacy organization, or cultural group. (2) Nonprofit, nongovernmental organization The term nonprofit, nongovernmental organization means a group of NHOPI with a demonstrated history of addressing NHOPI issues, including a NHOPI coalition. (3) Designated organization The term designated organization means an entity established to represent NHOPI populations and which has statutory responsibilities to provide, or has community support for providing, health care. (4) Government representatives The term government representatives means representatives from Hawaii, American Samoa, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, Guam, the Republic of Palau, and the Republic of the Marshall Islands. (5) Native Hawaiians and other Pacific Islanders (NHOPI) The term Native Hawaiians and Other Pacific Islanders or NHOPI means people having origins in any of the original peoples of American Samoa, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, Guam, Hawaii, the Republic of the Marshall Islands, the Republic of Palau, or any other Pacific island. (6) Insular area The term insular area means Guam, the Commonwealth of Northern Mariana Islands, American Samoa, the United States Virgin Islands, the Federated States of Micronesia, the Republic of Palau, or the Republic of the Marshall Islands. (b) National strategy (1) In general The Secretary, acting through the Director of the National Center for Health Statistics (referred to in this section as NCHS ) of the Centers for Disease Control and Prevention, and other agencies within the Department of Health and Human Services as the Secretary determines appropriate, shall develop and implement an ongoing and sustainable national strategy for identifying and evaluating the health status and health care needs of NHOPI populations living in the continental United States, Hawaii, American Samoa, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, Guam, the Republic of Palau, and the Republic of the Marshall Islands. (2) Consultation In developing and implementing a national strategy, as described in paragraph (1), not later than 180 days after the date of enactment of the Health Equity and Accountability Act of 2014 , the Secretary— (A) shall consult with representatives of community groups, designated organizations, and nonprofit, nongovernmental organizations and with government representatives of NHOPI populations; and (B) may solicit the participation of representatives from other Federal departments. (c) Preliminary health survey (1) In general The Secretary, acting through the Director of NCHS, shall conduct a preliminary health survey in order to identify the major areas and regions in the continental United States, Hawaii, American Samoa, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, Guam, the Republic of Palau, and the Republic of the Marshall Islands in which NHOPI people reside. (2) Contents The health survey described in paragraph (1) shall include health data and any other data the Secretary determines to be— (A) useful in determining health status and health care needs; or (B) required for developing or implementing a national strategy. (3) Methodology Methodology for the health survey described in paragraph (1), including plans for designing questions, implementation, sampling, and analysis, shall be developed in consultation with community groups, designated organizations, nonprofit, nongovernmental organizations, and government representatives of NHOPI populations, as determined by the Secretary. (4) Timeframe The survey required under this subsection shall be completed not later than 18 months after the date of enactment of the Health Equity and Accountability Act of 2014 . (d) Progress report Not later than 2 years after the date of enactment of the Health Equity and Accountability Act of 2014 , the Secretary shall submit to Congress a progress report, which shall include the national strategy described in subsection (b)(1). (e) Study and report by the IOM (1) In general The Secretary shall enter into an agreement with the Institute of Medicine to conduct a study, with input from stakeholders in insular areas, on the following: (A) The standards and definitions of health care applied to health care systems in insular areas and the appropriateness of such standards and definitions. (B) The status and performance of health care systems in insular areas, evaluated based upon standards and definitions, as the Secretary determines. (C) The effectiveness of donor aid in addressing health care needs and priorities in insular areas. (D) The progress toward implementation of recommendations of the Committee on Health Care Services in the United States—Associated Pacific Basin of the Institute of Medicine that are set forth in the 1998 report, Pacific Partnerships for Health: Charting a New Course for the 21st Century . (2) Report An agreement described in paragraph (1) shall require the Institute of Medicine to submit to the Secretary and to Congress, not later than 2 years after the date of the enactment of the Health Equity and Accountability Act of 2014 , a report containing a description of the results of the study conducted under paragraph (1), including the conclusions and recommendations of the Institute of Medicine for each of the items described in subparagraphs (A) through (D) of such paragraph. (f) Authorization of appropriations To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2015 through 2020. . 114. Clarification of simplified administrative reporting requirement Section 11(a) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2020(a) ) is amended by adding at the end the following: (5) Simplified administrative reporting requirement The administrative notification requirement under section 421(e)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1631(e)(2) ) shall be satisfied by the submission by an agency of a report on the aggregate number of exceptions granted under such section by such agency in each year. . II Culturally and linguistically appropriate health care 201. Definitions In this title, the definitions contained in section 3400 of the Public Health Service Act, as added by section 202, shall apply. 202. Amendment to the Public Health Service Act (a) Findings Congress finds the following: (1) Effective communication is essential to meaningful access to quality physical and mental health care. (2) Research indicates that the lack of appropriate language services creates language barriers that result in increased risk of misdiagnosis, ineffective treatment plans and poor health outcomes for limited-English-proficient individuals and individuals with communication disabilities such as hearing, vision, or print impairments. (3) The number of limited-English-speaking residents in the United States who speak English less than very well and, therefore, cannot effectively communicate with health and social service providers continues to increase significantly. (4) The responsibility to fund language services in the provision of health care and health-care-related services to limited-English-proficient individuals and individuals with communication disabilities such as hearing, vision, or print impairments is a societal one that cannot fairly be visited solely upon the health care, public health, or social services community. (5) Title VI of the Civil Rights Act of 1964 prohibits discrimination based on the grounds of race, color, or national origin by any entity receiving Federal financial assistance. In order to avoid discrimination on the grounds of national origin, all programs or activities administered by the Department must take adequate steps to ensure that their policies and procedures do not deny or have the effect of denying limited-English-proficient individuals with equal access to benefits and services for which such persons qualify. (6) Linguistic diversity in the health care and health-care-related-services workforce is important for providing all patients the environment most conducive to positive health outcomes. (7) All members of the health care and health-care-related-services community should continue to educate their staff and constituents about limited-English-proficient and disability communication issues and help them identify resources to improve access to quality care for limited-English-proficient individuals and individuals with communication disabilities such as hearing, vision, or print impairments. (8) Access to English as a second language and sign language instructions is an important mechanism for ensuring effective communication and eliminating the language barriers that impede access to health care. (9) Competent language services in health care settings should be available as a matter of course. (b) Amendment The Public Health Service Act ( 42 U.S.C. 201 et seq. ) is amended by adding at the end the following: XXXIV CULTURALLY AND LINGUISTICALLY APPROPRIATE HEALTH CARE 3400. Definitions In this title: (1) Bilingual The term bilingual with respect to an individual means a person who has sufficient degree of proficiency in two languages. (2) Community health worker The term community health worker includes a community health advocate, a lay health educator, a community health representative, a peer health promoter, a community health outreach worker, and in Spanish, promotores de salud. (3) Competent interpreter services The term competent interpreter services means a translanguage rendition of a spoken or signed message in which the interpreter— (A) comprehends the source language and can communicate comprehensively in the target language to convey the meaning intended in the source language; and (B) knows health and health-related terminology and provides accurate interpretations by choosing equivalent expressions that convey the best matching and meaning to the source language and capture, to the greatest possible extent, all nuances intended in the source message. (4) Competent translation services The term competent translation services means a translanguage rendition of a written document in which the translator— (A) comprehends the source language and can write or sign comprehensively in the target language to convey the meaning intended in the source language; and (B) knows health and health-related terminology and provides accurate translations by choosing equivalent expressions that convey the best matching and meaning to the source language and capture, to the greatest possible extent, all nuances intended in the source document. (5) Cultural competence The term cultural competence means a set of congruent behaviors, attitudes, and policies that come together in a system, agency, or among professionals that enables effective work in cross-cultural situations. In the preceding sentence— (A) the term cultural refers to integrated patterns of human behavior that include the language, thoughts, communications, actions, customs, beliefs, values, and institutions of racial, ethnic, religious, or social groups, including lesbian, gay, bisexual, transgender, and intersex individuals, and individuals with physical and mental disabilities; and (B) the term competence implies having the capacity to function effectively as an individual and an organization within the context of the cultural beliefs, behaviors, and needs presented by consumers and their communities. (6) Effective communication The term effective communication means an exchange of information between the provider of health care or health-care-related services and the recipient of such services who is limited in English proficiency, or has a communication impairment such as a hearing, vision, or learning impairment, that enables access, understanding, and benefit from health care or health-care-related services, and full participation in the development of their treatment plan. (7) Grievance resolution process The term grievance resolution process means all aspects of dispute resolution including filing complaints, grievance and appeal procedures, and court action. (8) Health care group The term health care group means a group of physicians organized, at least in part, for the purposes of providing physicians’ services under the Medicaid, SCHIP, or Medicare programs and may include a hospital and any other individual or entity furnishing services covered under the Medicaid, SCHIP, or Medicare programs that is affiliated with the health care group. (9) Healthcare services The term health care services means services that address physical as well as mental health conditions in all care settings. (10) Health-care-related services The term health-care-related services means human or social services programs or activities that provide access, referrals or links to health care. (11) Indian tribe The term Indian tribe means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or group or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688) ( 43 U.S.C. 1601 et seq. ), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (12) Integrated health care delivery system The term integrated health care delivery system means an interdisciplinary system that brings together providers from the primary health, mental health, substance use and related disciplines to improve the health outcomes of an individual. Providers may include but are not limited to hospitals, health, mental health or substance use clinics and providers, home health agencies, ambulatory surgery centers, skilled nursing facilities, rehabilitation centers, and employed, independent, or contracted physicians. (13) Interpreting/interpretation The terms interpreting and interpretation mean the transmission of a spoken, written, or signed message from one language or format into another, faithfully, accurately, and objectively. (14) Language access The term language access means the provision of language services to an LEP individual or individual with communication disabilities designed to enhance that individual’s access to, understanding of, or benefit from health care or health-care-related services. (15) Language or language access services The term language or language access services means provision of health care services directly in a non-English language, interpretation, translation, signage, video recording, and English or non-English alternative formats. (16) LEP The term LEP means limited-English-proficient. (17) Medicare, Medicaid, and SCHIP The terms Medicare , Medicaid , and SCHIP mean the respective programs under titles XVIII, XIX, and XXI of the Social Security Act. (18) Minority (A) In general The terms minority and minorities refer to individuals from a minority group. (B) Populations The term minority , with respect to populations, refers to racial and ethnic minority groups. (19) Minority group The term minority group has the meaning given the term racial and ethnic minority group . (20) Racial and ethnic minority group The term racial and ethnic minority group means American Indians and Alaska Natives, African-Americans (including Caribbean Blacks, Africans, and other Blacks), Asian-Americans, Hispanics (including Latinos), and Native Hawaiians and other Pacific Islanders. (21) Onsite interpretation The term onsite interpretation means a method of interpreting or interpretation for which the interpreter is in the physical presence of the provider of health care or health-care-related services and the recipient of such services who is limited in English proficiency or has a communication impairment such as hearing, vision, or learning. (22) Secretary The term Secretary means the Secretary of Health and Human Services. (23) Sight translation The term sight translation means the transmission of a written message in one language into a spoken or signed message in another language, or an alternative format in English or another language. (24) State The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Indian tribes, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (25) Telephonic interpretation The term telephonic interpretation (also known as over the phone interpretation or OPI) means a method of interpreting/interpretation for which the interpreter is not in the physical presence of the provider of health care or related services and the limited-English-proficient recipient of such services but is connected via telephone. (26) Translation The term translation means the transmission of a written message in one language into a written or signed message in another language, and includes translation into another language or alternative format, such as large print font, Braille, audio recording, or CD. (27) Video interpretation The term video interpretation means a method of interpreting/interpretation for which the interpreter is not in the physical presence of the provider of health care or related services and the limited-English-proficient recipient of such services but is connected via a video hook-up that includes both audio and video transmission. (28) Vital document The term vital document includes but is not limited to applications for government programs that provide health care services, medical or financial consent forms, financial assistance documents, letters containing important information regarding patient instructions (such as prescriptions, referrals to other providers, and discharge plans) and participation in a program (such as a Medicaid managed care program), notices pertaining to the reduction, denial, or termination of services or benefits, notices of the right to appeal such actions, and notices advising limited-English-proficient individuals and individuals with communication disabilities of the availability of free language services, alternative formats, and other outreach materials. 3401. Improving access to services for individuals with limited English proficiency (a) Purpose As provided in Executive Order 13166, it is the purpose of this section— (1) to improve Federal agency performance regarding access to federally conducted and federally assisted programs and activities for individuals who are limited in their English proficiency; (2) to require each Federal agency to examine the services it provides and develop and implement a system by which limited-English-proficient individuals can obtain cultural competence and meaningful access to those services consistent with, and without substantially burdening, the fundamental mission of the agency; (3) to require each Federal agency to ensure that recipients of Federal financial assistance provide cultural competence and meaningful access to their limited-English-proficient applicants and beneficiaries; (4) to ensure that recipients of Federal financial assistance take reasonable steps, consistent with the guidelines set forth in the Limited English Proficient Guidance of the Department of Justice (as issued on June 12, 2002), to ensure cultural competence and meaningful access to their programs and activities by limited-English-proficient individuals; and (5) to ensure compliance with title VI of the Civil Rights Act of 1964 and that health care providers and organizations do not discriminate in the provision of services. (b) Federally conducted programs and activities (1) In general Not later than 120 days after the date of enactment of this title, each Federal agency that carries out health-care-related activities shall prepare a plan to improve access cultural competence to the federally conducted, health-care-related programs and activities of the agency by limited-English-proficient individuals. Not later than one year after the date of enactment of this title, each such Federal agency shall ensure that such plan is fully implemented. (2) Plan requirement Each plan under paragraph (1) shall include— (A) the steps the agency will take to ensure that limited-English-proficient individuals have access to the agency’s federally conducted health care and health-care-related programs and activities; (B) the policies and procedures for identifying, assessing, and meeting the language needs and cultural competence needs of its limited-English-proficient beneficiaries served by federally conducted programs and activities; (C) the steps the agency will take for its federally conducted programs and activities to improve cultural competence to provide a range of language assistance options, notice to limited-English-proficient individuals of the right to competent language services, periodic training of staff, monitoring and quality assessment of the language services and, in appropriate circumstances, the translation of written materials; (D) the steps the agency will take to ensure that applications, forms, and other relevant documents for its federally conducted programs and activities are competently translated into the primary language of a limited-English-proficient client where such materials are needed to improve access to federally conducted and federally assisted programs and activities for such a limited-English-proficient individual; (E) the resources the agency will provide to improve cultural competence to assist recipients of Federal funds to improve access to health care or health-care-related programs and activities for limited-English-proficient individuals; (F) the resources the agency will provide to ensure that competent language assistance is provided to limited-English-proficient patients by interpreters or trained bilingual staff; and (G) the resources the agency will provide to ensure that family, particularly minor children, and friends are not used to provide interpretation services, except— (i) in the case of a medical emergency where delay directly associated with obtaining a competent interpreter would jeopardize the health of the patient; or (ii) on request of the patient, who has been informed in his or her preferred language of the availability of free interpretation services, if the health care services provider has determined that the family or friend can provide competent interpreter services as defined in section 3400. (3) Submission of plan to DOJ Each agency that is required to prepare a plan under paragraph (1) shall send a copy of such plan to the Department of Justice, which shall serve as the central repository of such plans. (4) Rule of construction Paragraph (2)(G)(i) shall not be construed to mean that emergency rooms or similar entities that regularly provide health care services in medical emergencies are exempt from legal or regulatory requirements related to competent interpreter services. (c) Federally assisted programs and activities (1) In general Not later than 120 days after the date of enactment of this title, each Federal agency providing health-care-related Federal financial assistance shall ensure that the guidance for recipients of Federal financial assistance developed by the agency to ensure compliance with title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ) is specifically tailored to the recipients of such assistance. Each agency shall send a copy of such guidance to the Department of Justice which shall serve as the central repository of the agency’s plans. After approval by the Department of Justice, each agency shall publish its guidance document in the Federal Register for public comment. (2) Requirements The agency-specific guidance developed under paragraph (1) shall take into account the types of health care services provided by the recipients, the individuals served by the recipients, and other factors set out in such standards. (3) Existing guidances A Federal agency that has developed a guidance for purposes of title VI of the Civil Rights Act of 1964 shall examine such existing guidance, as well as the programs and activities to which such guidance applies, to determine if modification of such guidance is necessary to comply with this subsection. (4) Consultation Each Federal agency shall consult with the Department of Justice in establishing the guidances under this subsection. (d) Consultations (1) In general In carrying out this section, each Federal agency that carriers out health care and health-care-related activities shall ensure that stakeholders, such as limited-English-proficient individuals and their representative organizations, recipients of Federal assistance, and other appropriate individuals or entities, have an adequate opportunity to provide input with respect to the actions of the agency. (2) Evaluation Each Federal agency described in paragraph (1) shall evaluate the— (A) particular needs of the limited-English-proficient individuals served by the agency; (B) particular needs of the limited-English-proficient individuals served by the agency’s recipients of Federal financial assistance; and (C) burdens of compliance with the agency guidance and this section for the agency and its recipients. 3402. National standards for culturally and linguistically appropriate services in health care (a) Applicability This section applies to any health program or activity, any part of which is receiving Federal financial assistance, including credits, subsidies, or contracts of insurance, or any program or activity that is administered by an executive agency or any entity established under title I of the Patient Protection and Affordable Care Act (or amendments made thereby), as such programs, activities, agencies, and entities are described in section 1557(a) of the Patient Protection and Affordable Care Act. (b) Standards The programs, activities, agencies, and entities described in subsection (a) shall— (1) implement strategies to recruit, retain, and promote individuals at all levels to maintain a diverse staff and leadership that can provide culturally and linguistically appropriate health care to patient populations of the service area of the programs, activities, agencies, and entities; (2) educate and train governance, leadership, and workforce at all levels and across all disciplines of the programs, activities, agencies, and entities in culturally and linguistically appropriate policies and practices on an ongoing basis; (3) offer and provide language assistance, including trained bilingual staff and interpreter services, to individuals who have limited-English proficiency or other communication needs, at no cost to them at all points of contact, and during all hours of operation, to facilitate timely access to all health care and services; (4) notify patients, in a culturally appropriate manner, of their right to receive language assistance services in their primary language, verbally and in writing; (5) ensure the competence of language assistance provided to limited-English-proficient patients by interpreters and bilingual staff, and ensure that family, particularly minor children, and friends are not used to provide interpretation services— (A) except in case of emergency; or (B) except on request of the patient, who has been informed in his or her preferred language of the availability of free interpretation services if the health care services provider has determined that the family or friend can provide competent interpreter services as defined in section 3400; (6) for each eligible LEP language group that constitutes 5 percent or 500 individuals, whichever is less, of the population of persons eligible to be served or likely to be affected or encountered in the service area of the organization, make available— (A) easily understood patient-related materials, including print and multimedia materials; (B) information or notices about termination of benefits; and (C) signage; (7) develop and implement clear goals, policies, operational plans, and management, accountability, and oversight mechanisms to provide culturally and linguistically appropriate services and infuse them throughout the organization’s planning and operations; (8) conduct initial and ongoing organizational assessments of culturally and linguistically appropriate services-related activities and integrate valid linguistic, competence-related National Standards for Culturally and Linguistically Appropriate Services (CLAS) measures into the internal audits, performance improvement programs, patient satisfaction assessments, continuous quality improvement activities, and outcomes-based evaluations of the organization and develop ways to standardize the assessments; (9) ensure that, consistent with the privacy protections provided for under the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996, data on an individual required to be collected pursuant to section 3101, including the individual’s alternative format preferences and policy modification needs, are— (A) collected in health records; (B) integrated into the organization’s management information systems; and (C) periodically updated; (10) maintain a current demographic, cultural, and epidemiological profile of the community, conduct regular assessments of community health assets and needs, and use the results to accurately plan for and implement services that respond to the cultural and linguistic characteristics of the service area of the organization; (11) develop participatory, collaborative partnerships with communities and utilize a variety of formal and informal mechanisms to facilitate community and patient involvement in designing, implementing, and evaluating policies and practices to ensure culturally and linguistically appropriate service-related activities; (12) ensure that conflict and grievance resolution processes are culturally and linguistically sensitive and capable of identifying, preventing, and resolving cross-cultural conflicts or complaints by patients; (13) regularly make available to the public information about their progress and successful innovations in implementing the standards under this section and provide public notice in their communities about the availability of this information; and (14) if requested, regularly make available to the head of each Federal entity from which Federal funds are received, information about their progress and successful innovations in implementing the standards under this section as required by the head of such entity. 3403. Robert T. Matsui Center for Cultural and Linguistic Competence in Health Care (a) Establishment The Secretary, acting through the Director of the Agency for Healthcare Research and Quality, shall establish and support a center to be known as the Robert T. Matsui Center for Cultural and Linguistic Competence in Health Care (referred to in this section as the Center ) to carry out the following activities: (1) Interpretation services The Center shall provide resources via the Internet to identify and link health care providers to competent interpreter and translation services. (2) Translation of written material (A) The Center shall provide, directly or through contract, vital documents from competent translation services for providers of health care and health-care-related services at no cost to such providers. Materials may be submitted for translation into non-English languages. Translation services shall be provided in a timely and reasonable manner. The quality of such translation services shall be monitored and reported publicly. (B) For each form developed or revised by the Secretary that will be used by LEP individuals in health care or health-care-related settings, the Center shall translate the form, at a minimum, into the top 15 non-English languages in the United States according to the most recent data from the American Community Survey or its replacement. The translation must be completed within 45 days of the Secretary receiving final approval of the form from the Office of Management and Budget. (3) Toll-free customer service telephone number The Center shall provide, through a toll-free number, a customer service line for LEP individuals— (A) to obtain information about federally conducted or funded health programs, including Medicare, Medicaid, and SCHIP; (B) to obtain assistance with applying for or accessing these programs and understanding Federal notices written in English; and (C) to learn how to access language services. (4) Health information clearinghouse (A) In general The Center shall develop and maintain an information clearinghouse to facilitate the provision of language services by providers of health care and health-care-related services to reduce medical errors, improve medical outcomes, to improve cultural competence, reduce health care costs caused by miscommunication with individuals with limited-English proficiency, and reduce or eliminate the duplication of effort to translate materials. The clearinghouse shall make such information available on the Internet and in print. Such information shall include the information described in the succeeding provisions of this paragraph. (B) Document templates The Center shall collect and evaluate for accuracy, develop, and make available templates for standard documents that are necessary for patients and consumers to access and make educated decisions about their health care, including the following: (i) Administrative and legal documents, including— (I) intake forms; (II) Medicare, Medicaid, and SCHIP forms, including eligibility information; (III) forms informing patient of HIPAA compliance and consent; and (IV) documents concerning informed consent, advanced directives, and waivers of rights. (ii) Clinical information, such as how to take medications, how to prevent transmission of a contagious disease, and other prevention and treatment instructions. (iii) Public health, patient education, and outreach materials, such as immunization notices, health warnings, or screening notices. (iv) Additional health or health-care-related materials as determined appropriate by the Director of the Center. (C) Structure of forms In operating the clearinghouse, the Center shall— (i) ensure that the documents posted in English and non-English languages are culturally appropriate; (ii) allow public review of the documents before dissemination in order to ensure that the documents are understandable and culturally appropriate for the target populations; (iii) allow health care providers to customize the documents for their use; (iv) facilitate access to these documents; (v) provide technical assistance with respect to the access and use of such information; and (vi) carry out any other activities the Secretary determines to be useful to fulfill the purposes of the clearinghouse. (D) Language assistance programs The Center shall provide for the collection and dissemination of information on current examples of language assistance programs and strategies to improve language services for LEP individuals, including case studies using de-identified patient information, program summaries, and program evaluations. (E) Cultural and linguistic competence materials The Center shall provide information relating to culturally and linguistically competent health care for minority populations residing in the United States to all health care providers and health-care-related services at no cost. Such information shall include— (i) tenets of culturally and linguistically competent care; (ii) cultural and linguistic competence self-assessment tools; (iii) cultural and linguistic competence training tools; (iv) strategic plans to increase cultural and linguistic competence in different types of providers of health care and health-care-related services, including regional collaborations among health care organizations; and (v) cultural and linguistic competence information for educators, practitioners, and researchers. (F) Information about progress The Center shall regularly collect and make publicly available information about the progress of entities receiving grants under section 3404 regarding successful innovations in implementing the obligations under this subsection and provide public notice in the entities’ communities about the availability of this information. (b) Director The Center shall be headed by a Director who shall be appointed by, and who shall report to, the Director of the Agency for Healthcare Research and Quality. (c) Availability of language access The Director shall collaborate with the Deputy Assistant Secretary for Minority Health, the Administrator of the Centers for Medicare & Medicaid Services, and the Administrator of the Health Resources and Services Administration to notify health care providers and health care organizations about the availability of language access services by the Center. (d) Education The Secretary, directly or through contract, shall undertake a national education campaign to inform providers, LEP individuals, health professionals, graduate schools, and community health centers about— (1) Federal and State laws and guidelines governing access to language services; (2) the value of using trained interpreters and the risks associated with using family members, friends, minors, and untrained bilingual staff; (3) funding sources for developing and implementing language services; and (4) promising practices to effectively provide language services. (e) Authorization of appropriations In addition to the amounts authorized under subsection (e)(8)(F), there are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2015 through 2019. 3404. Innovations in cultural and linguistic competence grants (a) In general The Secretary, acting through the Director of the Agency for Healthcare Research and Quality, shall award grants to eligible entities to enable such entities to design, implement, and evaluate innovative, cost-effective programs to improve cultural competence and language access in health care for individuals with limited-English proficiency. The Director of the Agency for Healthcare Research and Quality shall coordinate with, and ensure the participation of, other agencies including the Health Resources and Services Administration, the Center on Minority Health and Health Disparities at the National Institutes of Health, and the Office of Minority Health, regarding the design and evaluation of the grants program. (b) Eligibility To be eligible to receive a grant under subsection (a) an entity shall— (1) be— (A) a city, county, Indian tribe, State, territory, or subdivision thereof; (B) an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; (C) a community health, mental health, or substance use center or clinic; (D) a solo or group physician practice; (E) an integrated health care delivery system; (F) a public hospital; (G) a health care group, university, or college; or (H) other entity designated by the Secretary; and (2) prepare and submit to the Secretary an application, at such time, in such manner, and accompanied by such additional information as the Secretary may require. (c) Use of funds An entity shall use funds received under a grant under this section to— (1) develop, implement, and evaluate models of providing competent interpretation services through onsite interpretation, telephonic interpretation, or video interpretation; (2) implement strategies to recruit, retain, and promote individuals at all levels of the organization to maintain a diverse staff and leadership that can promote and provide language services to patient populations of the service area of the organization; (3) develop and maintain a needs assessment that identifies the current demographic, cultural, and epidemiological profile of the community to accurately plan for and implement language services needed in service area of the organization; (4) develop a strategic plan to implement language services; (5) develop participatory, collaborative partnerships with communities encompassing the LEP patient populations being served to gain input in designing and implementing language services; (6) develop and implement grievance resolution processes that are culturally and linguistically sensitive and capable of identifying, preventing, and resolving complaints by LEP individuals; or (7) develop short-term medical mental health interpretation training courses and incentives for bilingual health care staff who are asked to interpret in the workplace; (8) develop formal training programs, including continued professional development and education programs as well as supervision, for individuals interested in becoming dedicated health care interpreters and culturally competent providers; (9) provide staff language training instruction, which shall include information on the practical limitations of such instruction for non-native speakers; (10) develop policies that address compensation in salary for staff who receive training to become either a staff interpreter or bilingual provider; (11) develop other language assistance services as determined appropriate by the Secretary; (12) develop, implement, and evaluate models of improving cultural competence; and (13) ensure that, consistent with the privacy protections provided for under the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 note) and any applicable State privacy laws, data on the individual patient or recipient’s race, ethnicity, and primary language are collected (and periodically updated) in health records and integrated into the organization’s information management systems or any similar system used to store and retrieve data. (d) Priority In awarding grants under this section, the Secretary shall give priority to entities that primarily engage in providing direct care and that have developed partnerships with community organizations or with agencies with experience in improving language access. (e) Evaluation (1) By grantees An entity that receives a grant under this section shall submit to the Secretary an evaluation that describes, in the manner and to the extent required by the Secretary, the activities carried out with funds received under the grant, and how such activities improved access to health and health-care-related services and the quality of health care for individuals with limited-English proficiency. Such evaluation shall be collected and disseminated through the Robert T. Matsui Center for Cultural and Linguistic Competence in Health Care established under section 3403. The Director of the Agency for Healthcare Research and Quality shall notify grantees of the availability of technical assistance for the evaluation and provide such assistance upon request. (2) By Secretary The Director of the Agency for Healthcare Research and Quality shall evaluate or arrange with other individuals or organizations to evaluate projects funded under this section. (f) 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. 3405. Research on cultural and language competence (a) In general The Secretary, acting through the Director of the Agency for Healthcare Research and Quality, shall expand research concerning language access in the provision of health care. (b) Eligibility The Director of the Agency for Healthcare Research and Quality may conduct the research described in subsection (a) or enter into contracts with other individuals or organizations to do so. (c) Use of funds Research under this section shall be designed to do one or more of the following: (1) To identify the barriers to mental and behavioral services that are faced by LEP individuals. (2) To identify health care providers’ and health administrators’ attitudes, knowledge, and awareness of the barriers to quality health care services that are faced by LEP individuals. (3) To identify optimal approaches for delivering language access. (4) To identify best practices for data collection, including— (A) the collection by providers of health care and health-care-related services of data on the race, ethnicity, and primary language of recipients of such services, taking into account existing research conducted by the Government or private sector; (B) the development and implementation of data collection and reporting systems; and (C) effective privacy safeguards for collected data. (5) To develop a minimum data collection set for primary language. (6) To evaluate the most effective ways in which the Department can create or coordinate, and then subsidize or otherwise fund telephonic interpretation providers for health care providers, taking into consideration, among other factors, the flexibility necessary for such a system to accommodate variations in— (A) provider type; (B) languages needed and their frequency of use; (C) type of encounter; (D) time of encounter, including regular business hours and after hours; and (E) location of encounter. (d) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2015 through 2019. . 203. Pilot program for improvement and development of State medical interpreting services (a) Grants authorized The Secretary shall award one grant in accordance with this section to each of three States to assist each such State in designing, implementing, and evaluating a statewide program to provide onsite interpreter services under Medicaid. (b) Grant period A grant awarded under this section is authorized for a period of three fiscal years beginning on October 1, 2014. (c) Preference In awarding a grant under this section, the Secretary shall give preference to a State— (1) that has a high proportion of qualified LEP enrollees, as determined by the Secretary; (2) that has a large number of qualified LEP enrollees, as determined by the Secretary; (3) that has a high growth rate of the population of LEP individuals, as determined by the Secretary; and (4) that has a population of qualified LEP enrollees that is linguistically diverse, requiring interpreter services in at least 200 non-English languages. (d) Use of funds A State receiving a grant under this section shall use the grant funds to— (1) ensure that all health care providers in the State participating in the State plan under Medicaid have access to onsite interpreter services, for the purpose of enabling effective communication between such providers and qualified LEP enrollees during the furnishing of items and services and administrative interactions; (2) establish, expand, procure, or contract for— (A) a statewide health care information technology system that is designed to achieve efficiencies and economies of scale with respect to onsite interpreter services provided to health care providers in the State participating in the State plan under Medicaid; and (B) an entity to administer such system, the duties of which shall include— (i) procuring and scheduling interpreter services for qualified LEP enrollees; (ii) procuring and scheduling interpreter services for LEP individuals seeking to enroll in the State plan under Medicaid; (iii) ensuring that interpreters receive payment for interpreter services rendered under the system; and (iv) consulting regularly with organizations representing consumers, interpreters, and health care providers; and (3) develop mechanisms to establish, improve, and strengthen the competency of the medical interpretation workforce that serves qualified LEP enrollees in the State, including a national certification process that is valid, credible, and vendor-neutral. (e) Application To receive a grant under this section, a State shall submit an application at such time and containing such information as the Secretary may require, which shall include the following: (1) A description of the language access needs of individuals in the State enrolled in the State plan under Medicaid. (2) A description of the extent to which the program will— (A) use the grant funds for the purposes described in subsection (d); (B) meet the health care needs of rural populations of the State; and (C) collect information that accurately tracks the language services requested by consumers as compared to the language services provided by health care providers in the State participating in the State plan under Medicaid. (3) A description of how the program will be evaluated, including a proposal for collaboration with organizations representing interpreters, consumers, and LEP individuals. (f) Definitions In this section: (1) Qualified LEP enrollee The term qualified LEP enrollee means an individual— (A) who is limited-English-proficient; and (B) who is enrolled in a State plan under Medicaid. (2) State The term State has the meaning given the term in section 1101(a)(1) of the Social Security Act (42 U.S.C. 1301(a)(1)), for purposes of title XIX of such Act. (3) United States The term United States has the meaning given the term in section 1101(a)(2) of the Social Security Act (42 U.S.C. 1301(a)(2)), for purposes of title XIX of such Act. (g) Funding (1) Authorization of appropriations There is authorized to be appropriated $5,000,000 to carry out this section. (2) Availability of funds The funds authorized by paragraph (1) shall be available without fiscal year limitation. (3) Increased Federal financial participation Section 1903(a)(2)(E) of the Social Security Act ( 42 U.S.C. 1396b(a)(2)(E) ), as amended by section 205(d)(1) of this Act, is further amended by inserting (or, in the case of a State receiving a grant under section 203 of the Health Equity and Accountability Act of 2014, 100 percent for each quarter occurring during the grant period) after 90 percent . (h) Limitation No Federal funds under this section may be used to provide interpreter services from a location outside the United States. 204. Training tomorrow’s doctors for culturally and linguistically appropriate care: graduate medical education (a) Direct graduate medical education Section 1886(h)(4) of the Social Security Act ( 42 U.S.C. 1395ww(h)(4) ) is amended by adding at the end the following new subparagraph: (L) Treatment of culturally competency training In determining a hospital’s number of full-time equivalent residents for purposes of this subsection, all the time that is spent by an intern or resident in an approved medical residency training program for education and training in cultural competency and linguistically appropriate service delivery shall be counted toward the determination of full-time equivalency. . (b) Indirect medical education Section 1886(d)(5)(B) of the Social Security Act ( 42 U.S.C. 1395ww(d)(5)(B) ) is amended by adding at the end the following new clause: (xii) The provisions of subparagraph (L) of subsection (h)(4) shall apply under this subparagraph in the same manner as they apply under such subsection. . (c) Effective date The amendments made by subsections (a) and (b) shall apply with respect to payments made to hospitals on or after the date that is one year after the date of the enactment of this Act. 205. Federal reimbursement for culturally and linguistically appropriate services under the Medicare, Medicaid, and State Children’s Health Insurance Programs (a) Language Access grants for Medicare Providers (1) Establishment (A) In general Not later than 6 months after the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the Centers for Medicare & Medicaid Services and in consultation with the Center for Medicare and Medicaid Innovation, shall establish a demonstration program under which the Secretary shall award grants to eligible Medicare service providers to improve communication between such providers and limited-English-proficient Medicare beneficiaries, including beneficiaries who live in diverse and underserved communities. (B) Application of innovation rules The demonstration project under subparagraph (A) shall be conducted in a manner that is consistent with the applicable provisions of subsections (b), (c), and (d) of section 1115A of the Social Security Act (42 U.S.C. 1315a). (C) Number of grants To the extent practicable, the Secretary shall award not less than 24 grants under this subsection. (D) Grant period Except as provided under paragraph (2)(D) , each grant awarded under this subsection shall be for a 3-year period. (2) Eligibility requirements To be eligible for a grant under this subsection, an entity must meet the following requirements: (A) Medicare provider The entity must be— (i) a provider of services under part A of title XVIII of the Social Security Act; (ii) a provider of services under part B of such title; (iii) a Medicare Advantage organization offering a Medicare Advantage plan under part C of such title; or (iv) a PDP sponsor offering a prescription drug plan under part D of such title. (B) Underserved communities The entity must serve a community that, with respect to necessary language services for improving access and utilization of health care among limited-English-proficient individuals, is disproportionally underserved. (C) Application The entity must prepare and submit to the Secretary an application, at such time, in such manner, and accompanied by such additional information as the Secretary may require. (D) Reporting In the case of a grantee that received a grant under this subsection in a previous year, such grantee is only eligible for continued payments under a grant under this subsection if the grantee met the reporting requirements under paragraph (9) for such year. If a grantee fails to meet the requirement of such paragraph for the first year of a grant, the Secretary may terminate the grant and solicit applications from new grantees to participate in the demonstration program. (3) Distribution To the extent feasible, the Secretary shall award— (A) at least 6 grants to providers of services described in paragraph (2)(A)(i) ; (B) at least 6 grants to service providers described in paragraph (2)(A)(ii) ; (C) at least 6 grants to organizations described in paragraph (2)(A)(iii) ; and (D) at least 6 grants to sponsors described in paragraph (2)(A)(iv) . (4) Considerations in awarding grants (A) Variation in grantees In awarding grants under this subsection, the Secretary shall select grantees to ensure the following: (i) The grantees provide many different types of language services. (ii) The grantees serve Medicare beneficiaries who speak different languages, and who, as a population, have differing needs for language services. (iii) The grantees serve Medicare beneficiaries in both urban and rural settings. (iv) The grantees serve Medicare beneficiaries in at least two geographic regions, as defined by the Secretary. (v) The grantees serve Medicare beneficiaries in at least two large metropolitan statistical areas with racial, ethnic, and economically diverse populations. (B) Priority for partnerships with community organizations and agencies In awarding grants under this subsection, the Secretary shall give priority to eligible entities that have a partnership with— (i) a community organization; or (ii) a consortia of community organizations, State agencies, and local agencies, that has experience in providing language services. (5) Use of funds for competent language services (A) In general Subject to subparagraph (E) , a grantee may only use grant funds received under this subsection to pay for the provision of competent language services to Medicare beneficiaries who are limited-English-proficient. (B) Competent language services defined For purposes of this subsection, the term competent language services means— (i) interpreter and translation services that— (I) subject to the exceptions under subparagraph (C) — (aa) if the grantee operates in a State that has statewide health care interpreter standards, meet the State standards currently in effect; or (bb) if the grantee operates in a State that does not have statewide health care interpreter standards, utilizes competent interpreters who follow the National Council on Interpreting in Health Care’s Code of Ethics and Standards of Practice; and (II) that, in the case of interpreter services, are provided through— (aa) onsite interpretation; (bb) telephonic interpretation; or (cc) video interpretation; and (ii) the direct provision of health care or health-care-related services by a competent bilingual health care provider. (C) Exceptions The requirements of subparagraph (B)(i)(I) do not apply, with respect to interpreter and translation services and a grantee— (i) in the case of a Medicare beneficiary who is limited-English-proficient if— (I) such beneficiary has been informed, in the beneficiary’s primary language, of the availability of free interpreter and translation services and the beneficiary instead requests that a family member, friend, or other person provide such services; and (II) the grantee documents such request in the beneficiary’s medical record; or (ii) in the case of a medical emergency where the delay directly associated with obtaining a competent interpreter or translation services would jeopardize the health of the patient. Subparagraph (C)(ii) shall not be construed to exempt emergency rooms or similar entities that regularly provide health care services in medical emergencies to limited-English-proficient patients from any applicable legal or regulatory requirements related to providing competent interpreter and translation services without undue delay. (D) Medicare advantage organizations and PDP sponsors If a grantee is a Medicare Advantage organization offering a Medicare Advantage plan under part C of title XVIII of the Social Security Act or a PDP sponsor offering a prescription drug plan under part D of such title, such entity must provide at least 50 percent of the grant funds that the entity receives under this subsection directly to the entity’s network providers (including all health providers and pharmacists) for the purpose of providing support for such providers to provide competent language services to Medicare beneficiaries who are limited-English-proficient. (E) Administrative and reporting costs A grantee may use up to 10 percent of the grant funds to pay for administrative costs associated with the provision of competent language services and for reporting required under paragraph (9) . (6) Determination of amount of grant payments (A) In general Payments to grantees under this subsection shall be calculated based on the estimated numbers of limited-English-proficient Medicare beneficiaries in a grantee’s service area utilizing— (i) data on the numbers of limited-English-proficient individuals who speak English less than very well from the most recently available data from the Bureau of the Census or other State-based study the Secretary determines likely to yield accurate data regarding the number of such individuals in such service area; or (ii) data provided by the grantee, if the grantee routinely collects data on the primary language of the Medicare beneficiaries that the grantee serves and the Secretary determines that the data is accurate and shows a greater number of limited-English-proficient individuals than would be estimated using the data under clause (i) . (B) Discretion of Secretary Subject to subparagraph (C) , the amount of payment made to a grantee under this subsection may be modified annually at the discretion of the Secretary, based on changes in the data under subparagraph (A) with respect to the service area of a grantee for the year. (C) Limitation on amount The amount of a grant made under this subsection to a grantee may not exceed $500,000 for the period under paragraph (1)(D) . (7) Assurances Grantees under this subsection shall, as a condition of receiving a grant under this subsection— (A) ensure that clinical and support staff receive appropriate ongoing education and training in linguistically appropriate service delivery; (B) ensure the linguistic competence of bilingual providers; (C) offer and provide appropriate language services at no additional charge to each patient with limited-English proficiency for all points of contact between the patient and the grantee, in a timely manner during all hours of operation; (D) notify Medicare beneficiaries of their right to receive language services in their primary language; (E) post signage in the primary languages commonly used by the patient population in the service area of the organization; and (F) ensure that— (i) primary language data are collected for recipients of language services and such data are consistent with standards developed under title XXXIV of the Public Health Service Act, as added by section 202 of this Act, to the extent such standards are available upon the initiation of the demonstration program; and (ii) consistent with the privacy protections provided under the regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 note), if the recipient of language services is a minor or is incapacitated, primary language data are collected on the parent or legal guardian of such recipient. (8) No Cost-Sharing Limited-English-proficient Medicare beneficiaries shall not have to pay cost-sharing or co-payments for competent language services provided under this demonstration program. (9) Reporting Requirements for grantees Not later than the end of each calendar year, a grantee that receives funds under this subsection in such year shall submit to the Secretary a report that includes the following information: (A) The number of Medicare beneficiaries to whom competent language services are provided. (B) The primary languages of those Medicare beneficiaries. (C) The types of language services provided to such beneficiaries. (D) Whether such language services were provided by employees of the grantee or through a contract with external contractors or agencies. (E) The types of interpretation services provided to such beneficiaries, and the approximate length of time such service is provided to such beneficiaries. (F) The costs of providing competent language services. (G) An account of the training or accreditation of bilingual staff, interpreters, and translators providing services funded by the grant under this subsection. (10) Evaluation and report to Congress Not later than 1 year after the completion of a 3-year grant under this subsection, the Secretary shall conduct an evaluation of the demonstration program under this subsection and shall submit to the Congress a report that includes the following: (A) An analysis of the patient outcomes and the costs of furnishing care to the limited-English-proficient Medicare beneficiaries participating in the project as compared to such outcomes and costs for limited-English-proficient Medicare beneficiaries not participating, based on the data provided under paragraph (9) and any other information available to the Secretary. (B) The effect of delivering language services on— (i) Medicare beneficiary access to care and utilization of services; (ii) the efficiency and cost effectiveness of health care delivery; (iii) patient satisfaction; (iv) health outcomes; and (v) the provision of culturally appropriate services provided to such beneficiaries. (C) The extent to which bilingual staff, interpreters, and translators providing services under such demonstration were trained or accredited and the nature of accreditation or training needed by type of provider, service, or other category as determined by the Secretary to ensure the provision of high-quality interpretation, translation, or other language services to Medicare beneficiaries if such services are expanded pursuant to subsection (c) of section 1907 of this Act. (D) Recommendations, if any, regarding the extension of such project to the entire Medicare program, subject to the provisions of section 1115A(c) of the Social Security Act. (11) Appropriations There is appropriated to carry out this subsection, in equal parts from the Federal Hospital Insurance Trust Fund under section 1817 of the Social Security Act (42 U.S.C. 1395i) and the Federal Supplementary Medical Insurance Trust Fund under section 1841 of such Act ( 42 U.S.C. 1395t ), $16,000,000 for each fiscal year of the demonstration program. (b) Language services under the Medicare program (1) Inclusion as rural health clinic services Section 1861 of the Social Security Act ( 42 U.S.C. 1395x ) is amended— (A) in subsection (aa)(1)— (i) in subparagraph (B), by striking the and at the end; (ii) in subparagraph (C), by inserting and after the comma at the end; and (iii) by inserting after subparagraph (C) the following: (D) language services as defined in subsection (iii)(1), ; and (B) by adding at the end the following new subsection: (iii) Language services and related terms (1) Language services defined The term language services has the same meaning given language or language access services in section 3400 of the Public Health Service Act. (2) Interpreter services defined For the purposes of this subsection, the term interpreter services has the meaning given competent interpreter services under section 3400(3) of the Public Health Service Act. (3) Interpreter defined The term interpreter — (A) means an individual— (i) who faithfully, accurately, and objectively transmits a spoken message from one language into another language; and (ii) who knows health and health-related terminology in both languages; and (B) includes individuals who provide in-person, telephonic, and video interpretation. (4) Translation defined The term translation means the transmission of a written message in one language into a written message in another language that retains the intended meaning of the original message. (5) Limited-English-Proficient and LEP defined The terms limited-English-proficient and LEP have the meaning given the term limited english proficient under section 9101(25) of the Elementary and Secondary Education Act of 1965, except that subparagraphs (A), (B), and (D) of such section not apply. . (2) Coverage Section 1832(a)(2) of such Act ( 42 U.S.C. 1395k(a)(2) ) is amended— (A) by striking and at the end of subparagraph (I); (B) by striking the period at the end of subparagraph (J) and inserting ; and ; and (C) by adding at the end of subparagraph (J) the following: (K) language services (as defined in paragraph (1) of section 1861(iii)) furnished by an interpreter (as defined in paragraph (3) of such section) or translator. . (3) Payment Section 1833(a) of the Social Security Act ( 42 U.S.C. 1395l(a) ) is amended— (A) by striking and at the end of paragraph (8); (B) by redesignating paragraph (9) as paragraph (10); and (C) by inserting after paragraph (8) the following new paragraph: (9) in the case of language services described in section 1861(iii)(1), 100 percent of the reasonable charges for such services, as determined in consultation with the Medicare Payment Advisory Commission; and . (4) Waiver of budget neutrality For the 3-year period beginning on the date of enactment of this section, the budget neutrality provision of section 1848(c)(2)(B)(ii) of the Social Security Act (42 U.S.C. 1395w–4(c)(2)(B)(ii)) shall not apply with respect to language services (as such term is defined in section 1861(iii)(1) of such Act). (c) Medicare parts C and D (1) In general Medicare Advantage plans under part C of the Social Security Act and prescription drug plans under part D of such Act shall comply with title VI of the Civil Rights Act of 1964 and section 1557 of the Patient Protection and Affordable Care Act to provide effective language services to enrollees of such plans. (2) Medicare Advantage plans and prescription drug plans reporting requirement Section 1857(e) of the Social Security Act ( 42 U.S.C. 1395w–27(e) ) is amended by adding at the end the following new paragraph: (5) Reporting requirements relating to effective language services A contract under this part shall require a Medicare Advantage organization (and, through application of section 1860D–12(b)(3)(D), a contract under section 1860D–12 shall require a PDP sponsor) to annually submit (for each year of the contract) a report that contains information on the plan’s internal policies and procedures related to recruitment and retention efforts directed to workforce diversity and linguistically and culturally appropriate provision of services in each of the following contexts: (A) The collection of data in a manner that meets the requirements of title I of the Health Equity and Accountability Act of 2014 , regarding the enrollee population. (B) Education of staff and contractors who have routine contact with enrollees regarding the various needs of the diverse enrollee population. (C) Evaluation of the health plan’s language services programs and services with respect to the plan’s enrollee population, such as through analysis of complaints or satisfaction survey results. (D) Methods by which the plan provides to the Secretary information regarding the ethnic diversity of the plan’s enrollee population. (E) The periodic provision of educational information to plan enrollees on the plan’s language services and programs. . (d) Improving language services in Medicaid and CHIP (1) Payments to States Section 1903(a)(2)(E) of the Social Security Act ( 42 U.S.C. 1396b(a)(2)(E) ) is amended by— (A) striking 75 and inserting 90 ; (B) striking translation or interpretation services and inserting language services ; and (C) striking children of families and inserting individuals . (2) State plan requirements Section 1902(a)(10)(A) of the Social Security Act ( 42 U.S.C. 1396a(a)(10)(A) ) is amended by striking and (28) and inserting (28), and (29) . (3) Definition of medical assistance Section 1905(a) of the Social Security Act ( 42 U.S.C. 1396d(a) ) is amended by— (A) in paragraph (28), by striking and at the end; (B) by redesignating paragraph (29) as paragraph (30); and (C) by inserting after paragraph (28) the following new paragraph: (29) language services, as such term is defined in section 1861(iii)(1), provided in a timely manner to limited-English-proficient individuals who need such services; and . (4) Use of deductions and cost sharing Section 1916(a)(2) of the Social Security Act ( 42 U.S.C. 1396o(2) ) is amended by— (A) by striking or at the end of subparagraph (D); (B) by striking ; and at the end of subparagraph (E) and inserting , or ; and (C) by adding at the end the following new subparagraph: (F) language services described in section 1905(a)(29); and . (5) CHIP coverage requirements Section 2103 of the Social Security Act ( 42 U.S.C. 1397cc ) is amended— (A) in subsection (a), in the matter before paragraph (1), by striking and (7) and inserting (7), and (9) ; and (B) in subsection (c), by adding at the end the following new paragraph: (9) Language services The child health assistance provided to a targeted low-income child shall include coverage of language services, as such term is defined in section 1861(iii)(1), provided in a timely manner to limited-English-proficient individuals who need such services. ; and (C) in subsection (e)(2)— (i) in the heading, by striking Preventive and inserting Certain ; and (ii) by inserting , subsection (c)(9), after subsection (c)(1)(C) . (6) Definition of child health assistance Section 2110(a)(27) of the Social Security Act ( 42 U.S.C. 1397jj ) is amended by striking translation and inserting language services as described in section 2103(c)(9) . (7) State data collection Pursuant to the reporting requirement described in section 2107(b)(1) of the Social Security Act ( 42 U.S.C. 1397gg(b)(1) ), the Secretary of Health and Human Services shall require that States collect data on— (A) the primary language of individuals receiving child health assistance under title XXI of the Social Security Act; and (B) in the case of such individuals who are minors or incapacitated, the primary language of the individual’s parent or guardian. (8) CHIP payments to States Section 2105 of the Social Security Act ( 42 U.S.C. 1397ee(c) ) is amended— (A) in subsection (a)(1) by striking 75 and inserting 90 ; and (B) in subsection (c)(2)(A), by inserting before the period , except that expenditures pursuant to clause (iv) of subparagraph (D) of such paragraph shall not count towards this total . (e) Funding language services furnished by providers of health care and health-Care-Related services that serve high rates of uninsured LEP individuals (1) Payment of costs (A) In general Subject to subparagraph (B), the Secretary of Health and Human Services shall make payments (on a quarterly basis) directly to eligible entities to support the provision of language services to limited-English-proficient individuals in an amount equal to an eligible entity’s eligible costs for such services for the quarter. (B) Funding Out of any funds in the Treasury not otherwise appropriated, there are appropriated to the Secretary of Health and Human Services such sums as may be necessary for each of fiscal years 2012 through 2016. (C) Relation to Medicaid DSH Payments under this subsection shall not offset or reduce payments under section 1923 of the Social Security Act, nor shall payments under such section be considered when determining uncompensated costs associated with the provision of language services. (2) Methodology for payment of claims (A) In general The Secretary shall establish a methodology to determine the average per person cost of language services. (B) Different entities In establishing such methodology, the Secretary may establish different methodologies for different types of eligible entities. (C) No individual claims The Secretary may not require eligible entities to submit individual claims for language services for individual patients as a requirement for payment under this subsection. (3) Data collection instrument For purposes of this subsection, the Secretary shall create a standard data collection instrument that is consistent with any existing reporting requirements by the Secretary or relevant accrediting organizations regarding the number of individuals to whom language access are provided. (4) Guidelines Not later than 6 months after the date of enactment of this Act, the Secretary of Health and Human Services shall establish and distribute guidelines concerning the implementation of this subsection. (5) Reporting requirements (A) Report to Secretary Entities receiving payment under this subsection shall provide the Secretary with a quarterly report on how the entity used such funds. Such report shall contain aggregate (and may not contain individualized) data collected using the instrument under paragraph (3) and shall otherwise be in a form and manner determined by the Secretary. (B) Report to Congress Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Secretary shall submit a report to Congress concerning the implementation of this subsection. (6) Definitions In this subsection: (A) Eligible costs The term eligible costs means, with respect to an eligible entity that provides language services to limited-English-proficient individuals, the product of— (i) the average per person cost of language services, determined according to the methodology devised under paragraph (2) ; and (ii) the number of limited-English-proficient individuals who are provided language services by the entity and for whom no reimbursement is available for such services under the amendments made by subsections (a), (b), (c), or (d) or by private health insurance. (B) Eligible entity The term eligible entity means an entity that— (i) is a Medicaid provider that is— (I) a physician; (II) a hospital with a low-income utilization rate (as defined in section 1923(b)(3) of the Social Security Act ( 42 U.S.C. 1396r–4(b)(3) )) of greater than 25 percent; or (III) a federally qualified health center (as defined in section 1905(l)(2)(B) of the Social Security Act ( 42 U.S.C. 1396d(l)(2)(B) )); (ii) provide language services to at least 8 percent of the entity’s total number of patients, not later than 6 months after the date of the enactment of the Act; and (iii) prepare and submit an application to the Secretary, at such time, in such manner, and accompanied by such information as the Secretary may require to ascertain the entity’s eligibility for funding under this subsection. (C) Language services The term language services has the meaning given such term in section 1861(iii)(1) of the Social Security Act. (f) Application of Civil Rights Act of 1964 and other laws Nothing in this section shall be construed to limit otherwise existing obligations of recipients of Federal financial assistance under title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000(d) et seq.) or other laws that protect the civil rights of individuals. (g) Effective date (1) In general Except as otherwise provided and subject to paragraph (2), the amendments made by this section shall take effect on January 1, 2013. (2) Exception if State legislation required In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirement imposed by the amendments made by this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet this additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. 206. Increasing understanding of and improving health literacy (a) In general The Secretary, acting through the Director of the Agency for Healthcare Research and Quality and the Administrator of the Health Resources and Services Administration, in consultation with the Director of the National Institute on Minority Health and Health Disparities and the Office of Minority Health, shall award grants to eligible entities to improve health care for patient populations that have low functional health literacy. (b) Eligibility To be eligible to receive a grant under subsection (a), an entity shall— (1) be a hospital, health center or clinic, health plan, or other health entity (including a nonprofit minority health organization or association); and (2) prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Use of funds (1) Agency for healthcare research and quality Grants awarded under subsection (a) through the Agency for Healthcare Research and Quality shall be used— (A) to define and increase the understanding of health literacy; (B) to investigate the correlation between low health literacy and health and health care; (C) to clarify which aspects of health literacy have an effect on health outcomes; and (D) for any other activity determined appropriate by the Director of the Agency. (2) Health resources and services administration Grants awarded under subsection (a) through the Health Resources and Services Administration shall be used to conduct demonstration projects for interventions for patients with low health literacy that may include— (A) the development of new disease management programs for patients with low health literacy; (B) the tailoring of existing disease management programs addressing mental, physical, oral, and behavioral health conditions for patients with low health literacy; (C) the translation of written health materials for patients with low health literacy; (D) the identification, implementation, and testing of low health literacy screening tools; (E) the conduct of educational campaigns for patients and providers about low health literacy; and (F) other activities determined appropriate by the Administrator of the Health Resources and Services Administration. (d) Definitions In this section, the term low health literacy means the inability of an individual to obtain, process, and understand basic health information and services needed to make appropriate health decisions. (e) Authorization of appropriations There are authorized to be appropriated to carry out this section, such sums as may be necessary for each of fiscal years 2015 through 2019. 207. Assurances for receiving Federal funds (a) In general Any health program or activity, any part of which is receiving Federal financial assistance, including credits, subsidies, or contracts of insurance, and any program or activity that is administered by an executive agency or any entity established under title I of the Patient Protection and Affordable Care Act (or amendments made thereby), as such programs, activities, agencies, and entities are described in section 1557(a) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18116 ), in order to ensure the right of LEP individuals to receive access to quality health care, shall— (1) ensure that appropriate clinical and support staff receive ongoing education and training in linguistically appropriate service delivery; (2) offer and provide appropriate language services at no additional charge to each patient with limited-English-proficiency at all points of contact, in a timely manner during all hours of operation; (3) notify patients of their right to receive language services in their primary language; and (4) utilize only competent interpreter or translation services, as defined in section 3400 of the Public Health Service Act. (b) Exemptions The requirements of subsection (a)(4) shall not apply as follows: (1) When a patient (who has been informed in his or her primary language of the availability of free interpreter and translation services) requests the use of family, friends, or other persons untrained in interpretation or translation if the following conditions are met: (A) The interpreter requested by the patient is over the age of 18. (B) The recipient informs the patient that he or she has the option of having the recipient provide an interpreter for him or her without charge, or of using his or her own interpreter. (C) The recipient informs the patient that the recipient may not require an LEP person to use a family member or friend as an interpreter. (D) The recipient evaluates whether the person the patient wishes to use as an interpreter is competent. If the recipient has reason to believe that the interpreter is not competent, the recipient provides the recipient’s own interpreter to protect the recipient from liability if the patient’s interpreter is later found not competent. (E) If the recipient has reason to believe that there is a conflict of interest between the interpreter and patient, the recipient may not use the patient’s interpreter. (F) The recipient has the patient sign a waiver, witnessed by at least 1 individual not related to the patient, that includes the information stated in subparagraphs (A) through (E) and is translated into the patient’s language. (2) When a medical emergency exists and the delay directly associated with obtaining competent interpreter or translation services would jeopardize the health of the patient, but only until a competent interpreter or translation service is available. (c) Rule of construction Subsection (b)(2) shall not be construed to mean that emergency rooms or similar entities that regularly provide health care services in medical emergencies are exempt from legal or regulatory requirements related to competent interpreter services. 208. Report on Federal efforts to provide culturally and linguistically appropriate health care services (a) Report Not later than 1 year after the date of enactment of this Act and annually thereafter, the Secretary of Health and Human Services shall enter into a contract with the Institute of Medicine for the preparation and publication of a report that describes Federal efforts to ensure that all individuals with limited-English proficiency have meaningful access culturally competent to health care and health-care-related services. Such report shall include— (1) a description and evaluation of the activities carried out under this Act; (2) a description and analysis of best practices, model programs, guidelines, and other effective strategies for providing access to culturally and linguistically appropriate health care services; (3) recommendations on the development and implementation of policies and practices by providers of health care and health-care-related services for limited-English-proficient individuals; (4) a description of the effect of providing language services on quality of health care and access to care; and (5) a description of the costs associated with or savings related to the provision of language services. (b) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2015 through 2019. 209. English for speakers of other languages (a) Grants authorized The Secretary of Education is authorized to provide grants to eligible entities for the provision of English as a second language (hereafter referred to as ESL ) instruction and shall determine, after consultation with appropriate stakeholders, the mechanism for administering and distributing such grants. (b) Eligible entity defined For purposes of this section, the term eligible entity means a State or community-based organization that employs, and serves, minority populations. (c) Application An eligible entity may apply for a grant under this section by submitting such information as the Secretary may require and in such form and manner as the Secretary may require. (d) Use of grant As a condition of receiving a grant under this section, an eligible entity shall— (1) develop and implement a plan for assuring the availability of ESL instruction that effectively integrates information about the nature of the United States health care system, how to access care, and any special language skills that may be required for them to access and regularly negotiate the system effectively; (2) develop a plan, including, where appropriate, public-private partnerships, for making ESL instruction progressively available to all individuals seeking instruction; and (3) maintain current ESL instruction efforts by using the additional funds to supplement rather than supplant any funds expended for ESL instruction in the State as of January 1, 2015. (e) Additional duties of the secretary The Secretary of Education shall— (1) collect and publicize annual data on how much Federal, State, and local governments spend on ESL instruction; (2) collect data from State and local governments to identify the unmet needs of English language learners for appropriate ESL instruction, including— (A) the preferred written and spoken language of such English language learners; (B) the extent of waiting lists including how many programs maintain waiting lists and, for programs that do not have waiting lists, the reasons why not; (C) the availability of programs to geographically isolated communities; (D) the impact of course enrollment policies, including open enrollment, on the availability of ESL instruction; (E) the number individuals in the State and each participating locality; (F) the effectiveness of the instruction in meeting the needs of individuals receiving instruction and those needing instruction; (G) as assessment of the need for programs that integrate job training and ESL instruction, to assist individuals to obtain better jobs; and (H) the availability of ESL slots by State and locality; (3) determine the cost and most appropriate methods of making ESL instruction available to all English language learners seeking instruction; and (4) within 1 year of the date of enactment of this Act, issue a report to Congress that assesses the information collected in paragraphs (1), (2), and (3) and makes recommendations on steps that should be taken to progressively realize the goal of making ESL instruction available to all English language learners seeking instruction. (f) Authorization of Appropriations There are authorized to be appropriated to the Secretary of Education for each of fiscal years 2015 through 2018 $250,000,000 to carry out this section. 210. Implementation (a) General provisions (1) A State shall not be immune under the Eleventh Amendment of the Constitution of the United States from suit in Federal court for failing to provide the language access funded pursuant to this title. (2) In a suit against a State for a violation of this title, remedies (including remedies at both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in the suit against any public or private entity other than a State. (b) Rule of construction Nothing in this title shall be construed to limit otherwise existing obligations of recipients of Federal financial assistance under title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000(d) et seq.) or any other statute. 211. Language access services (a) Essential benefits Section 1302(b)(1) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18022(b)(1) ) is amended by adding at the end the following: (K) Language access services, including oral interpretation and written translations. . (b) Employer-Sponsored minimum essential coverage Section 36B(c)(2)(C) of the Internal Revenue Code of 1986 is amended by adding at the end the following: (v) Coverage must include language access and services Except as provided in clause (iii), an employee shall not be treated as eligible for minimum essential coverage if such coverage consists of an eligible employer-sponsored plan (as defined in section 5000A(f)(2)) and the plan does not provide coverage for language access services, including oral interpretation and written translations. . (c) Quality Reporting Section 2717(a)(1) of the Public Health Service Act ( 42 U.S.C. 300gg–17(a)(1) ) is amended— (1) by striking and at the end of subparagraph (C); (2) by striking the period at the end of subparagraph (D) and inserting ; and ; and (3) by adding at the end the following new subparagraph: (E) reduce health disparities through the provision of language access services, including oral interpretation and written translations. . (d) Regulations regarding internal claims and appeals and external review processes for health plans and health insurance issuers The Secretary of the Treasury, the Secretary of Labor, and the Secretary of Health and Human Services shall amend the regulations in section 54.9815–2719T(e) of title 26, Code of Federal Regulations, section 2590.715– 2719(e) of title 29, Code of Federal Regulations, and section 147.136(e) of title 45, Code of Federal Regulations, respectively, to require group health plans and health insurance issuers offering group or individual health insurance coverage to which such sections apply— (1) to provide oral interpretation services without any threshold requirements; (2) to provide in the English versions of all notices a statement prominently displayed in not less than 15 non-English languages clearly indicating how to access the language services provided by the plan or issuer; and (3) with respect to written translations of notices, to apply a threshold that 5 percent of the population or at least 500 individuals per service area are literate only in the same non-English language in lieu of 10 percent or more residing in a county. (e) Data collection and reporting The Secretary of Health and Human Services shall— (1) amend the single streamlined application form developed pursuant to section 1413 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18083 ) to collect the preferred spoken and written language for each household member applying for coverage under a qualified health plan through an Exchange under title I of the Patient Protection and Affordable Care Act; (2) require navigators, certified application counselors, and other enrollment assisters to collect and report requests for language assistance; and (3) require the Federal and State call centers established pursuant to section 1311(d)(4)(b) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031(d)(4)(b) ) to submit an annual report documenting the number of language assistance requests, the types of languages requested, the range and average wait time for a consumer to speak with an interpreter, and any steps the call center and language line have taken to actively address some of the consumer complaints. (f) Effective date The amendments made by this section shall apply to plan years beginning after the date of the enactment of this Act. III Health workforce Diversity 301. Amendment to the Public Health Service Act Title XXXIV of the Public Health Service Act , as added by section 202, is amended by adding at the end the following: A Diversifying the Health Care Workplace 3411. National Working Group on Workforce Diversity (a) In general The Secretary, acting through the Bureau of Health Workforce within the Health Resources and Services Administration, shall award a grant to an entity determined appropriate by the Secretary for the establishment of a national working group on workforce diversity. (b) Representation In establishing the national working group under subsection (a): (1) The grantee shall ensure that the group has representatives of the following: (A) The Health Resources and Services Administration. (B) The Department of Health and Human Services Data Council. (C) The Office of Minority Health of the Department of Health and Human Services. (D) The Substance Abuse and Mental Health Services Administration. (E) The Bureau of Labor Statistics of the Department of Labor. (F) The Public Health Practice Program Office—Office of Workforce Policy and Planning. (G) The National Institute on Minority Health and Health Disparities. (H) The Agency for Healthcare Research and Quality. (I) The Institute of Medicine Study Committee for the 2004 workforce diversity report. (J) The Indian Health Service. (K) Minority-serving academic institutions. (L) Consumer organizations. (M) Health professional associations, including those that represent underrepresented minority populations. (N) Researchers in the area of health workforce. (O) Health workforce accreditation entities. (P) Private foundations that have sponsored workforce diversity initiatives. (Q) Local and State health departments. (R) Representatives of community members to be included on admissions committees for health profession schools pursuant to subsection (c)(8). (S) Other entities determined appropriate by the Secretary. (2) The grantee shall ensure that, in addition to the representatives under paragraph (1), the group has not less than 5 health professions students representing various health profession fields and levels of training. (c) Activities The working group established under subsection (a) shall convene at least twice each year to complete the following activities: (1) Review current public and private health workforce diversity initiatives. (2) Identify successful health workforce diversity programs and practices. (3) Examine challenges relating to the development and implementation of health workforce diversity initiatives. (4) Draft a national strategic work plan for health workforce diversity, including recommendations for public and private sector initiatives. (5) Develop a framework and methods for the evaluation of current and future health workforce diversity initiatives. (6) Develop recommended standards for workforce diversity that could be applicable to all health professions programs and programs funded under this Act. (7) Develop guidelines to train health professionals to care for a diverse population. (8) Develop a strategy for the inclusion of community members on admissions committees for health profession schools. (9) Other activities determined appropriate by the Secretary. (d) Annual report Not later than 1 year after the establishment of the working group under subsection (a), and annually thereafter, the working group shall prepare and make available to the general public for comment, an annual report on the activities of the working group. Such report shall include the recommendations of the working group for improving health workforce diversity. (e) Authorization of appropriations There is authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2015 through 2020. 3412. Technical Clearinghouse for Health workforce Diversity (a) In general The Secretary, acting through the Deputy Assistant Secretary for Minority Health, and in collaboration with the Bureau of Health Workforce within the Health Resources and Services Administration, the National Institute on Minority Health and Health Disparities, shall establish a technical clearinghouse on health workforce diversity within the Office of Minority Health and coordinate current and future clearinghouses. (b) Information and services The clearinghouse established under subsection (a) shall offer the following information and services: (1) Information on the importance of health workforce diversity. (2) Statistical information relating to underrepresented minority representation in health and allied health professions and occupations. (3) Model health workforce diversity practices and programs, including integrated models of care. (4) Admissions policies that promote health workforce diversity and are in compliance with Federal and State laws. (5) Retainment policies that promote completion of health profession degrees for underserved populations. (6) Lists of scholarship, loan repayment, and loan cancellation grants as well as fellowship information for underserved populations for health professions schools. (7) Foundation and other large organizational initiatives relating to health workforce diversity. (c) Consultation In carrying out this section, the Secretary shall consult with non-Federal entities which may include minority health professional associations and minority sections of major health professional associations to ensure the adequacy and accuracy of information. (d) Authorization of appropriations There is authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2015 through 2020. 3413. Support for Institutions committed to workforce Diversity (a) In general The Secretary, acting through the Administrator of the Health Resources and Services Administration and the Centers for Disease Control and Prevention, shall award grants to eligible entities that demonstrate a commitment to health workforce diversity. (b) Eligibility To be eligible to receive a grant under subsection (a), an entity shall— (1) be an educational institution or entity that historically produces or trains meaningful numbers of underrepresented minority health professionals, including— (A) historically Black colleges and universities; (B) Hispanic-serving health professions schools; (C) Hispanic-serving institutions; (D) tribal colleges and universities; (E) Asian-American, Native American, and Pacific Islander-serving institutions; (F) institutions that have programs to recruit and retain underrepresented minority health professionals, in which a significant number of the enrolled participants are underrepresented minorities; (G) health professional associations, which may include underrepresented minority health professional associations; and (H) institutions— (i) located in communities with predominantly underrepresented minority populations; (ii) with whom partnerships have been formed for the purpose of increasing workforce diversity; and (iii) in which at least 20 percent of the enrolled participants are underrepresented minorities; and (2) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Use of funds Amounts received under a grant under subsection (a) shall be used to expand existing workforce diversity programs, implement new workforce diversity programs, or evaluate existing or new workforce diversity programs, including with respect to mental health care professions. Such programs shall enhance diversity by considering minority status as part of an individualized consideration of qualifications. Possible activities may include— (1) educational outreach programs relating to opportunities in the health professions; (2) scholarship, fellowship, grant, loan repayment, and loan cancellation programs; (3) postbaccalaureate programs; (4) academic enrichment programs, particularly targeting those who would not be competitive for health professions schools; (5) kindergarten through 12th grade and other health pipeline programs; (6) mentoring programs; (7) internship or rotation programs involving hospitals, health systems, health plans, and other health entities; (8) community partnership development for purposes relating to workforce diversity; or (9) leadership training. (d) Reports Not later than 1 year after receiving a grant under this section, and annually for the term of the grant, a grantee shall submit to the Secretary a report that summarizes and evaluates all activities conducted under the grant. (e) Definition In this section, the term Asian-American, Native American, and Pacific Islander-serving institutions has the same meaning as the term Asian American and Native American Pacific Islander-serving institution as defined in section 371(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(c) ). (f) Authorization of appropriations There is authorized to be appropriated to carry out this section, such sums as may be necessary for each of fiscal years 2015 through 2020. 3414. Career development for scientists and researchers (a) In general The Secretary, acting through the Director of the National Institutes of Health, the Director of the Centers for Disease Control and Prevention, the Commissioner of Food and Drugs, the Director of the Agency for Healthcare Research and Quality, and the Administrator of the Health Resources and Services Administration, shall award grants that expand existing opportunities for scientists and researchers and promote the inclusion of underrepresented minorities in the health professions. (b) Research funding The head of each entity within the Department of Health and Human Services shall establish or expand existing programs to provide research funding to scientists and researchers in training. Under such programs, the head of each such entity shall give priority in allocating research funding to support health research in traditionally underserved communities, including underrepresented minority communities, and research classified as community or participatory. (c) Data collection The head of each entity within the Department of Health and Human Services shall collect data on the number (expressed as an absolute number and a percentage) of underrepresented minority and nonminority applicants who receive and are denied agency funding at every stage of review. Such data shall be reported annually to the Secretary and the appropriate committees of Congress. (d) Student loan reimbursement The Secretary shall establish a student loan reimbursement program to provide student loan reimbursement assistance to researchers who focus on racial and ethnic disparities in health. The Secretary shall promulgate regulations to define the scope and procedures for the program under this subsection. (e) Student loan cancellation The Secretary shall establish a student loan cancellation program to provide student loan cancellation assistance to researchers who focus on racial and ethnic disparities in health. Students participating in the program shall make a minimum 5-year commitment to work at an accredited health profession school. The Secretary shall promulgate additional regulations to define the scope and procedures for the program under this subsection. (f) Authorization of appropriations There is authorized to be appropriated to carry out this section, such sums as may be necessary for each of fiscal years 2015 through 2020. 3415. Career support for nonresearch Health professionals (a) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, the Administrator of the Substance Abuse and Mental Health Services Administration, the Administrator of the Health Resources and Services Administration, and the Administrator of the Centers for Medicare & Medicaid Services, shall establish a program to award grants to eligible individuals for career support in nonresearch-related health and wellness professions. (b) Eligibility To be eligible to receive a grant under subsection (a), an individual shall— (1) be a student in a health professions school, a graduate of such a school who is working in a health profession, an individual working in a health or wellness profession (including mental and behavioral health), or a faculty member of such a school; and (2) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Use of funds An individual shall use amounts received under a grant under this section to— (1) support the individual’s health activities or projects that involve underserved communities, including racial and ethnic minority communities; (2) support health-related career advancement activities; (3) to pay, or as reimbursement for payments of, student loans or training or credentialing costs for individuals who are health professionals and are focused on health issues affecting underserved communities, including racial and ethnic minority communities; and (4) to establish and promote leadership training programs to decrease health disparities and to increase cultural competence with the goal of increasing diversity in leadership positions. (d) Definition In this section, the term career in nonresearch-related health and wellness professions means employment or intended employment in the field of public health, health policy, health management, health administration, medicine, nursing, pharmacy, psychology, social work, psychiatry, other mental and behavioral health, allied health, community health, social work, or other fields determined appropriate by the Secretary, other than in a position that involves research. (e) Authorization of appropriations There is authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2015 through 2020. 3416. Research on the effect of workforce Diversity on quality (a) In general The Director of the Agency for Healthcare Research and Quality, in collaboration with the Deputy Assistant Secretary for Minority Health and the Director of the National Institute on Minority Health and Health Disparities, shall award grants to eligible entities to expand research on the link between health workforce diversity and quality health care. (b) Eligibility To be eligible to receive a grant under subsection (a), an entity shall— (1) be a clinical, public health, or health services research entity or other entity determined appropriate by the Director; and (2) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Use of funds Amounts received under a grant awarded under subsection (a) shall be used to support research that investigates the effect of health workforce diversity on— (1) language access; (2) cultural competence; (3) patient satisfaction; (4) timeliness of care; (5) safety of care; (6) effectiveness of care; (7) efficiency of care; (8) patient outcomes; (9) community engagement; (10) resource allocation; (11) organizational structure; (12) compliance of care; or (13) other topics determined appropriate by the Director. (d) Priority In awarding grants under subsection (a), the Director shall give individualized consideration to all relevant aspects of the applicant’s background. Consideration of prior research experience involving the health of underserved communities shall be such a factor. (e) Authorization of appropriations There is authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2015 through 2020. 3417. Health disparities education program (a) Establishment The Secretary, acting through the National Institute on Minority Health and Health Disparities and in collaboration with the Office of Minority Health, the Office for Civil Rights, the Centers for Disease Control and Prevention, the Centers for Medicare & Medicaid Services, the Health Resources and Services Administration, and other appropriate public and private entities, shall establish and coordinate a health and health care disparities education program to support, develop, and implement educational initiatives and outreach strategies that inform health care professionals and the public about the existence of and methods to reduce racial and ethnic disparities in health and health care. (b) Activities The Secretary, through the education program established under subsection (a), shall, through the use of public awareness and outreach campaigns targeting the general public and the medical community at large— (1) disseminate scientific evidence for the existence and extent of racial and ethnic disparities in health care, including disparities that are not otherwise attributable to known factors such as access to care, patient preferences, or appropriateness of intervention, as described in the 2002 Institute of Medicine Report entitled Unequal Treatment: Confronting Racial and Ethnic Disparities in Health Care , as well as the impact of disparities related to age, disability status, socioeconomic status, sex, gender identity, and sexual orientation on racial and ethnic minorities; (2) disseminate new research findings to health care providers and patients to assist them in understanding, reducing, and eliminating health and health care disparities; (3) disseminate information about the impact of linguistic and cultural barriers on health care quality and the obligation of health providers who receive Federal financial assistance to ensure that people with limited-English proficiency have access to language access services; (4) disseminate information about the importance and legality of racial, ethnic, disability status, socioeconomic status, sex, gender identity, and sexual orientation, and primary language data collection, analysis, and reporting; (5) design and implement specific educational initiatives to health care providers relating to health and health care disparities; and (6) assess the impact of the programs established under this section in raising awareness of health and health care disparities and providing information on available resources. (c) Authorization of appropriations There is authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2015 through 2020. . 302. Hispanic-serving health professions schools Part B of title VII of the Public Health Service Act ( 42 U.S.C. 293 et seq. ) is amended by adding at the end the following: 742. Hispanic-serving health professions schools (a) In general The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall award grants to Hispanic-serving health professions schools for the purpose of carrying out programs to recruit Hispanic individuals to enroll in and graduate from such schools, which may include providing scholarships and other financial assistance as appropriate. (b) Eligibility In subsection (a), the term Hispanic-serving health professions school means an entity that— (1) is a school or program under section 799B; (2) has an enrollment of full-time equivalent students that is made up of at least 9 percent Hispanic students; (3) has been effective in carrying out programs to recruit Hispanic individuals to enroll in and graduate from the school; (4) has been effective in recruiting and retaining Hispanic faculty members; (5) has a significant number of graduates who are providing health services to medically underserved populations or to individuals in health professional shortage areas; and (6) is a Regional Hispanic Center of Excellence. . 303. Loan repayment program of Centers for Disease Control and Prevention Section 317F(c) of the Public Health Service Act ( 42 U.S.C. 247b–7(c) ) is amended— (1) by striking and after 1994, ; and (2) by inserting before the period at the end the following: $750,000 for fiscal year 2015, and such sums as may be necessary for each of the fiscal years 2016 through 2020 . 304. Cooperative agreements for online degree programs at schools of public health and schools of allied health Part B of title VII of the Public Health Service Act ( 42 U.S.C. 293 et seq. ), as amended by section 302, is further amended by adding at the end the following: 743. Cooperative agreements for online degree programs (a) Cooperative agreements The Secretary, acting through the Administrator of the Health Resources and Services Administration, in consultation with the Director of the Centers for Disease Control and Prevention, the Director of the Agency for Healthcare Research and Quality, and the Deputy Assistant Secretary for Minority Health, shall award cooperative agreements to schools of public health and schools of allied health to design and implement online degree programs. (b) Priority In awarding cooperative agreements under this section, the Secretary shall give priority to any school of public health or school of allied health that has an established track record of serving medically underserved communities. (c) Requirements Recipients of cooperative agreements under this section shall design and implement an online degree program that meets the following restrictions: (1) Enrollment of individuals who have obtained a secondary school diploma or its recognized equivalent. (2) Maintaining a significant enrollment of underrepresented minority or disadvantaged students. (3) Achieving a high completion rate of enrolled underrepresented minority or disadvantaged students. (d) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2015 through 2020. . 305. Sense of Congress on the mission of the National Health Care Workforce Commission It is the sense of Congress that the National Health Care Workforce Commission established by section 5101 of the Patient Protection and Affordable Care Act (42 U.S.C. 294q) should, in carrying out its assigned duties under that section, give attention to the needs of racial and ethnic minorities, individuals with lower socioeconomic status, individuals with mental, developmental, and physical disabilities, lesbian, gay, bisexual, and transgender populations, and individuals who are members of multiple minority or special population groups. 306. Scholarship and fellowship programs Subtitle A of title XXXIV of the Public Health Service Act , as added by section 301, is further amended by inserting after section 3417 the following: 3418. David Satcher Public Health and Health Services Corps (a) In general The Administrator of the Health Resources and Services Administration and the Director of the Centers for Disease Control and Prevention, in collaboration with the Deputy Assistant Secretary for Minority Health, shall award grants to eligible entities to increase awareness among postprimary and postsecondary students of career opportunities in the health professions. (b) Eligibility To be eligible to receive a grant under subsection (a), an entity shall— (1) be a clinical, public health, or health services organization, community-based or nonprofit entity, or other entity determined appropriate by the Director of the Centers for Disease Control and Prevention; (2) serve a health professional shortage area, as determined by the Secretary; (3) work with students, including those from racial and ethnic minority backgrounds, that have expressed an interest in the health professions; and (4) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Use of funds Grant awards under subsection (a) shall be used to support internships that will increase awareness among students of non-research-based, career opportunities in the following health professions: (1) Medicine. (2) Nursing. (3) Public Health. (4) Pharmacy. (5) Health administration and management. (6) Health policy. (7) Psychology. (8) Dentistry. (9) International health. (10) Social work. (11) Allied health. (12) Psychiatry. (13) Hospice care. (14) Other professions deemed appropriate by the Director of the Centers for Disease Control and Prevention. (d) Priority In awarding grants under subsection (a), the Director of the Centers for Disease Control and Prevention shall give priority to those entities that— (1) serve a high proportion of individuals from disadvantaged backgrounds; (2) have experience in health disparity elimination programs; (3) facilitate the entry of disadvantaged individuals into institutions of higher education; and (4) provide counseling or other services designed to assist disadvantaged individuals in successfully completing their education at the postsecondary level. (e) Stipends The Secretary may approve stipends under this section for individuals for any period of education in student-enhancement programs (other than regular courses) at health professions schools, programs, or entities, except that such a stipend may not be provided to an individual for more than 6 months, and such a stipend may not exceed $20 per day (notwithstanding any other provision of law regarding the amount of stipends). (f) Authorization of appropriations There is authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2015 through 2020. 3419. Louis Stokes Public Health Scholars Program (a) In general The Director of the Centers for Disease Control and Prevention, in collaboration with the Deputy Assistant Secretary for Minority Health, shall award scholarships to postsecondary students who seek a career in public health. (b) Eligibility To be eligible to receive a scholarship under subsection (a), an individual shall— (1) have interest, knowledge, or skill in public health research or public health practice, or other health professions as determined appropriate by the Director of the Centers for Disease Control and Prevention; (2) reside in a health professional shortage area as determined by the Secretary; (3) demonstrate promise for becoming a leader in public health; (4) secure admission to a 4-year institution of higher education; (5) comply with subsection (e); and (6) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Use of funds Amounts received under an award under subsection (a) shall be used to support opportunities for students to become public health professionals. (d) Priority In awarding grants under subsection (a), the Director shall give priority to those students that— (1) are from disadvantaged backgrounds; (2) have secured admissions to a minority-serving institution; and (3) have identified a health professional as a mentor at their school or institution and an academic advisor to assist in the completion of their baccalaureate degree. (e) Scholarships The Secretary may approve payment of scholarships under this section for such individuals for any period of education in student undergraduate tenure, except that such a scholarship may not be provided to an individual for more than 4 years, and such scholarships may not exceed $10,000 per academic year (notwithstanding any other provision of law regarding the amount of scholarship). (f) Authorization of appropriations There is authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2015 through 2020. 3420. Patsy Mink Health and Gender Research Fellowship Program (a) In general The Director of the Centers for Disease Control and Prevention, in collaboration with the Deputy Assistant Secretary for Minority Health, the Administrator of the Substance Abuse and Mental Health Services Administration, and the Director of the Indian Health Services, shall award research fellowships to post-baccalaureate students to conduct research that will examine gender and health disparities and to pursue a career in the health professions. (b) Eligibility To be eligible to receive a fellowship under subsection (a) an individual shall— (1) have experience in health research or public health practice; (2) reside in a health professional shortage area as determined by the Secretary; (3) have expressed an interest in the health professions; (4) demonstrate promise for becoming a leader in the field of women’s health; (5) secure admission to a health professions school or graduate program with an emphasis in gender studies; (6) comply with subsection (f); and (7) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Use of funds Amounts received under an award under subsection (a) shall be used to support opportunities for students to become researchers and advance the research base on the intersection between gender and health. (d) Priority In awarding grants under subsection (a), the Director of the Centers for Disease Control and Prevention shall give priority to those applicants that— (1) are from disadvantaged backgrounds; and (2) have identified a mentor and academic advisor who will assist in the completion of their graduate or professional degree and have secured a research assistant position with a researcher working in the area of gender and health. (e) Fellowships The Director of the Centers for Disease Control and Prevention may approve fellowships for individuals under this section for any period of education in the student’s graduate or health profession tenure, except that such a fellowship may not be provided to an individual for more than 3 years, and such a fellowship may not exceed $18,000 per academic year (notwithstanding any other provision of law regarding the amount of fellowship). (f) Authorization of appropriations There is authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2015 through 2020. 3420A. Paul David Wellstone International Health Fellowship Program (a) In general The Director of the Agency for Healthcare Research and Quality, in collaboration with the Deputy Assistant Secretary for Minority Health, shall award research fellowships to college students or recent graduates to advance their understanding of international health. (b) Eligibility To be eligible to receive a fellowship under subsection (a) an individual shall— (1) have educational experience in the field of international health; (2) reside in a health professional shortage area as determined by the Secretary; (3) demonstrate promise for becoming a leader in the field of international health; (4) be a college senior or recent graduate of a four-year higher education institution; (5) comply with subsection (e); and (6) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Use of funds Amounts received under an award under subsection (a) shall be used to support opportunities for students to become health professionals and to advance their knowledge about international issues relating to health care access and quality. (d) Priority In awarding grants under subsection (a), the Director shall give priority to those applicants that— (1) are from a disadvantaged background; and (2) have identified a mentor at a health professions school or institution, an academic advisor to assist in the completion of their graduate or professional degree, and an advisor from an international health non-governmental organization, private volunteer organization, or other international institution or program that focuses on increasing health care access and quality for residents in developing countries. (e) Fellowships The Secretary shall approve fellowships for college seniors or recent graduates, except that such a fellowship may not be provided to an individual for more than 6 months, may not be awarded to a graduate that has not been enrolled in school for more than 1 year, and may not exceed $4,000 per academic year (notwithstanding any other provision of law regarding the amount of fellowship). (f) Authorization of appropriations There is authorized to be appropriated to carry out this section, such sums as may be necessary for each of fiscal years 2015 through 2020. 3420B. Edward R. Roybal Health Scholar Program (a) In general The Director of the Agency for Healthcare Research and Quality, the Director of the Centers for Medicare and Medicaid Services, and the Administrator for Health Resources and Services Administration, in collaboration with the Deputy Assistant Secretary for Minority Health, shall award grants to eligible entities to expose entering graduate students to the health professions. (b) Eligibility To be eligible to receive a grant under subsection (a), an entity shall— (1) be a clinical, public health, or health services organization, community-based, academic, or nonprofit entity, or other entity determined appropriate by the Director of the Agency for Healthcare Research and Quality; (2) serve in a health professional shortage area as determined by the Secretary; (3) work with students obtaining a degree in the health professions; and (4) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Use of funds Amounts received under a grant awarded under subsection (a) shall be used to support opportunities that expose students to non-research-based health professions, including— (1) public health policy; (2) health care and pharmaceutical policy; (3) health care administration and management; (4) health economics; and (5) other professions determined appropriate by the Director of the Agency for Healthcare Research and Quality, the Director of the Centers for Medicare and Medicaid Services, and the Administrator for Health Resources and Services Administration. (d) Priority In awarding grants under subsection (a), the Director of the Agency for Healthcare Research and Quality shall give priority to those entities that— (1) have experience with health disparity elimination programs; (2) facilitate training in the fields described in subsection (c); and (3) provide counseling or other services designed to assist such individuals in successfully completing their education at the postsecondary level. (e) Stipends The Secretary may approve the payment of stipends for individuals under this section for any period of education in student-enhancement programs (other than regular courses) at health professions schools or entities, except that such a stipend may not be provided to an individual for more than 2 months, and such a stipend may not exceed $100 per day (notwithstanding any other provision of law regarding the amount of stipends). (f) Authorization of appropriations There is authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2015 through 2020. . 307. McNair Postbaccalaureate Achievement Program Section 402E of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–15 ) is amended by striking subsection (g) and inserting the following: (g) Collaboration in Health profession Diversity training programs The Secretary shall coordinate with the Secretary of Health and Human Services to ensure that there is collaboration between the goals of the program under this section and programs of the Health Resources and Services Administration that promote health workforce diversity. The Secretary of Education shall take such measures as may be necessary to encourage students participating in projects assisted under this section to consider health profession careers. (h) Funding From amounts appropriated pursuant to the authority of section 402A(g), the Secretary shall, to the extent practicable, allocate funds for projects authorized by this section in an amount which is not less than $31,000,000 for each of the fiscal years 2015 through 2021. . 308. Rules for determination of full-time equivalent residents for cost-reporting periods (a) DGME determinations Section 1886(h)(4) of the Social Security Act ( 42 U.S.C. 1395ww(h)(4) ) is amended— (1) in subparagraph (E), by striking Subject to subparagraphs (J) and (K), such rules and inserting Subject to subparagraphs (J), (K), and (L), such rules ; (2) in subparagraph (J), by striking Such rules and inserting Subject to subparagraph (L), such rules ; (3) in subparagraph (K), by striking In determining and inserting Subject to subparagraph (L), in determining ; and (4) by adding at the end the following new subparagraph: (L) For purposes of cost-reporting periods beginning on or after October 1, 2014, in determining the hospital’s number of full-time equivalent residents for purposes of this paragraph, all the time spent by an intern or resident in an approved medical residency training program shall be counted toward the determination of full-time equivalency if the hospital— (i) is recognized as a subsection (d) hospital; (ii) is recognized as a subsection (d) Puerto Rico hospital; (iii) is reimbursed under a reimbursement system authorized under section 1814(b)(3); or (iv) is a provider-based hospital outpatient department. . (b) IME determinations Section 1886(d)(5)(B)(x) of the Social Security Act ( 42 U.S.C. 1395ww(d)(5)(B)(x) ) is amended— (1) in subclause (II), by striking In determining and inserting Subject to subclause (x)(IV), in determining ; (2) in subclause (III), by striking In determining and inserting Subject to subclause (x)(IV), in determining ; and (3) by adding at the end the following new subclause: (IV) The provisions of subparagraph (L) of subsection (h)(4) shall apply under this subparagraph in the same manner as they apply under such subsection. . 309. Developing and implementing strategies for local health equity (a) Grants The Secretaries of Health and Human Services, Education, and Labor, acting jointly, shall make grants to academic institutions for the purposes of— (1) in accordance with subsection (b), developing capacity— (A) to build an evidence base for successful strategies for increasing local health equity; and (B) to serve as national models of driving local health equity; (2) in accordance with subsection (c), developing a strategic partnership with the community in which the academic institution is located; and (3) collecting data on, and periodically evaluating, the effectiveness of the institution’s programs funded through this section to enable the institution to adapt accordingly for maximum efficiency and success. (b) Developing capacity for increasing local health equity As a condition on receipt of a grant under subsection (a), an academic institution shall agree to use the grant to build an evidence base for successful strategies for increasing local health equity, and to serve as a national model of driving local health equity, by supporting— (1) resources to strengthen institutional metrics and capacity to execute institutionwide health workforce goals that can serve as models for increasing health equity in communities across the country; (2) collaborations among a cohort of institutions in implementing systemic change, partnership development, and programmatic efforts supportive of health equity goals across disciplines and populations; and (3) enhanced or newly developed data systems and research infrastructure capable of informing current and future workforce efforts and building a foundation for a broader research agenda targeting urban health disparities. (c) Strategic partnerships As a condition on receipt of a grant under subsection (a), an academic institution shall agree to use the grant to develop a strategic partnership with the community in which the institution is located for the purposes of— (1) strengthening connections between the institution and the community— (A) to improve evaluation of and address the community’s health and health workforce needs; and (B) to engage the community in health workforce development; (2) developing, enhancing, or accelerating innovative undergraduate and graduate programs in the biomedical sciences and health professions; and (3) strengthening pipeline programs in the biomedical sciences and health professions, including by developing partnerships between institutions of higher education and elementary and secondary schools to recruit the next generation of health professionals earlier in the pipeline to a health care career. 310. Loan forgiveness for mental and behavioral health social workers Section 455 of the Higher Education Act of 1965 ( 20 U.S.C. 1087e ) is amended by adding at the end the following new subsection: (r) Repayment plan for mental and behavioral health social workers (1) In general The Secretary shall cancel the balance of interest and principal due on any eligible Federal Direct Loan not in default for a borrower who— (A) has made 120 monthly payments on the eligible Federal Direct Loan after October 1, 2014, pursuant to any one or a combination of the following— (i) payments under an income-based repayment plan under section 493C; (ii) payments under a standard repayment plan under subsection (d)(1)(A), based on a 10-year repayment period; (iii) monthly payments under a repayment plan under subsection (d)(1) or (g) of not less than the monthly amount calculated under subsection (d)(1)(A), based on a 10-year repayment period; or (iv) payments under an income contingent repayment plan under subsection (d)(1)(D); and (B) (i) is employed as a mental health or behavioral health social worker, as defined by the Secretary by regulation, at the time of such forgiveness; and (ii) has been employed as such a mental health or behavioral health social worker during the period in which the borrower makes each of the 120 payments as described in subparagraph (A). (2) Loan cancellation amount After the conclusion of the employment period described in paragraph (1), the Secretary shall cancel the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. (3) Ineligibility for double benefits No borrower may, for the same employment as a mental heath or behavioral health social worker, receive a reduction of loan obligations under both this subsection and section 455(m), 428J, 428K, 428L, or 460. (4) Definition of eligible Federal Direct Loan In this subsection, the term eligible Federal Direct Loan means a Federal Direct Stafford Loan, Federal Direct PLUS Loan, Federal Direct Unsubsidized Stafford Loan, or a Federal Direct Consolidation Loan. . 311. Health Professions Workforce Fund (a) Purpose It is the purpose of this section to establish a Health Professions Workforce Fund to be administered through the Health Resources and Services Administration within the Department of Health and Human Services to provide for expanded and sustained national investment in the health professions and nursing workforce development programs under title VII and title VIII of the Public Health Service Act. (b) Establishing the Health Professions Workforce Fund There is authorized to be appropriated, and there is appropriated, out of any monies in the Treasury not otherwise appropriated, to the Health Professions Workforce Fund— (1) $355,000,000 for fiscal year 2015; (2) $375,000,000 for fiscal year 2016; (3) $392,000,000 for fiscal year 2017; (4) $412,000,000 for fiscal year 2018; (5) $432,000,000 for fiscal year 2019; (6) $454,000,000 for fiscal year 2020; (7) $476,000,000 for fiscal year 2021; (8) $500,000,000 for fiscal year 2022; (9) $525,000,000 for fiscal year 2023; and (10) $552,000,000 for fiscal year 2024. (c) Funding (1) For the purpose of carrying out health professions education programs authorized under title VII of the Public Health Service Act, in addition to any other amounts authorized to be appropriated for such purpose, there is authorized to be appropriated out of any monies in the Health Professions Workforce Fund, the following: (A) $240,000,000 for fiscal year 2015. (B) $253,000,000 for fiscal year 2016. (C) $265,000,000 for fiscal year 2017. (D) $278,000,000 for fiscal year 2018. (E) $292,000,000 for fiscal year 2019. (F) $307,000,000 for fiscal year 2020. (G) $322,000,000 for fiscal year 2021. (H) $338,000,000 for fiscal year 2022. (I) $355,000,000 for fiscal year 2023. (J) $373,000,000 for fiscal year 2024. (2) For the purpose of carrying out nursing workforce development programs authorized under Title VIII of the Public Health Service Act, in addition to any other amounts authorized to be appropriated for such purpose, there is authorized to be appropriated out of any monies in the Health Professions Workforce Fund, the following: (A) $115,000,000 for fiscal year 2015. (B) $122,000,000 for fiscal year 2016. (C) $127,000,000 for fiscal year 2017. (D) $134,000,000 for fiscal year 2018. (E) $140,000,000 for fiscal year 2019. (F) $147,000,000 for fiscal year 2020. (G) $154,000,000 for fiscal year 2021. (H) $162,000,000 for fiscal year 2022. (I) $170,000,000 for fiscal year 2023. (J) $179,000,000 for fiscal year 2024. 312. Findings; sense of Congress relating to graduate medical education (a) Findings Congress finds the following: (1) Projections by the Association of American Medical Colleges (AAMC) and other expert entities, such as the Health Resources and Services Administration (HRSA), have indicated a nationwide shortage of up to 130,600 physicians, split evenly between primary care and specialists, by 2025. (2) The coverage of an additional 25 million uninsured Americans under the Patient Protection and Affordable Care Act is expected to increase the projected shortage by 25 percent. (3) The United States Census projects that the Nation’s population will grow from 310 million in 2010 to 400 million in 2044, with the Nation becoming majority-minority in 2043, and the number of Medicare beneficiaries increasing from 50.7 million in 2012 to 90 million in 2045. (4) One-third of currently practicing physicians are over 55 years of age and likely to retire in the next 20 years. (5) A nationwide physician shortage will result in many Americans waiting longer and traveling farther for health care; seeking nonemergent care in emergency departments; and delaying treatment until their health care needs become more serious, complex, and costly. (6) Changing demographics (such as an aging population), new health care delivery models (such as medical homes), and other factors (such as disaster preparedness) are contributing to a shortage of both generalist and specialist physicians. (7) These shortages will have the most severe impact on vulnerable and underserved populations, including racial/ethnic minorities and the approximately 20 percent of Americans who live in rural or inner-city locations designated as health professional shortage areas. (8) United States medical schools have committed to and have initiated a 30 percent increase in enrollment by 2017 to help reduce the Nation’s shortage of quality physicians. (9) An increase in United States medical school graduates must be accompanied by an increase of 4,000 graduate medical education (GME) training positions each year. (10) Graduate medical education programs and teaching hospitals provide venues in which the next generation of physicians learns to work collaboratively with other physicians and health professionals, adopt more efficient care delivery models (such as care coordination and medical homes), incorporate health information technology and electronic health records in every aspect of their work, apply new methods of assuring quality and safety, and participate in groundbreaking clinical and public health research. (11) The Medicare Program under title XVIII of the Social Security Act (having more beneficiaries than any other health care program), supports its fair share of the costs associated with graduate medical education (GME). (12) In general, the level of support of graduate medical education by the Medicare Program has been capped since 1997 and has not been increased to support the expansion of graduate medical education programs needed to avert the projected physician shortage or to accommodate the increase in United States medical school graduates. (b) Sense of Congress It is the sense of Congress that eliminating the limit of the number of residency positions that receive some level of Medicare support under section 1886(h) of the Social Security Act ( 42 U.S.C. 1395ww(h) ), also referred to as the Medical graduate medical education cap, is critical to— (1) ensuring an appropriate supply of physicians to meet the Nation’s health care needs; (2) facilitating equitable access for all who seek health care; and (3) mitigating disparities in health and health care. 313. Career support for skilled internationally educated health professionals (a) Findings Congress finds the following: (1) According to the Association of Schools of Public Health, projections indicate a nationwide shortage of up to 250,000 public health workers needed by 2020. (2) Similar trends are projected for other health professions indicating shortages across disciplines, including within the fields of nursing, dentistry, pharmacy, mental and behavioral health, primary care, and community and allied health. (3) A nationwide health workforce shortage will result in serious health threats and more severe and costly health care needs, due to, in part, a delayed response to food-borne outbreaks, emerging infectious diseases, and natural disasters, fewer cancer screenings and delayed treatment. (4) Vulnerable and underserved populations and health professional shortage areas will be most severely impacted by the health workforce shortage. (5) According to the Migration Policy Institute, over 2 million college-educated immigrants in the United States today are unemployed or underemployed in low- or semi-skilled jobs that fail to draw on their education and expertise. (6) Approximately two out of every five internationally educated immigrants are unemployed or underemployed. (7) According to Drexel University Center for Labor Markets and Policy, underemployment for internationally educated immigrant women is 28 percent higher than for their male counterparts. (8) According to the Drexel University Center for Labor Markets and Policy, the mean annual earnings of underemployed immigrants were $32,000, or 43 percent less than U.S.-born college graduates employed in the college labor market. (9) According to Upwardly Global and the Welcome Back Initiative, with proper guidance and support underemployed skilled immigrants typically increase their income by 215 percent to 900 percent. (10) According to the Brookings Institution and the Partnership for a New American Economy, immigrants working in the health workforce are, on average, better-educated than U.S.-born workers in the health workforce. (b) Grants to eligible entities (1) Authority to provide grants The Secretary of Health and Human Services, acting through the Bureau of Health Workforce within the Health Resources and Services Administration, the National Institute on Minority Health and Health Disparities, or the Office of Minority Health (in this section referred to as the Secretary ), may award grants to eligible entities to carry out activities described in subsection (c). (2) Eligibility To be eligible to receive a grant under this section, an entity shall— (A) be a clinical, public health, or health services organization, a community-based or nonprofit entity, an academic institution, a faith-based organization, a State, county, or local government, a National Area Health Education Center, or another entity determined appropriate by the Secretary; and (B) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Authorized activities A grant awarded under this section shall be used— (1) to provide services to assist unemployed and underemployed skilled immigrants, residing in the United States, who have legal, permanent work authorization and who are internationally educated health professions, enter into the American health workforce with employment matching their health professional skills and education, and advance in employment to positions that better match their health professional education and expertise; (2) to reduce disparities in incomes between skilled health professional immigrants and other workers in the health workforce; (3) to reduce barriers to entry and advancement in the health workforce for internationally educated skilled immigrants; and (4) to educate employers regarding the abilities and capacities of internationally educated health professionals. (d) Definitions In this section: (1) The term health professional means an individual trained for employment or intended employment in the field of public health, health management, dentistry, health administration, medicine, nursing, pharmacy, psychology, social work, psychiatry, other mental and behavioral health, allied health, community health, social work, or wellness work, including fitness and nutrition, or other fields as determined appropriate by the Secretary. (2) The term underemployed means being employed at less skilled tasks than an employee’s training or abilities would otherwise permit. (e) Authorization of appropriations There is authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2015 through 2019. IV Improvement of Health Care Services A Health Empowerment Zones 401. Short title This subtitle may be cited as the Health Empowerment Zone Act of 2014 . 402. Findings The Congress finds the following: (1) Numerous studies and reports, including the 2012 National Healthcare Disparities Report of the Administration on Healthcare Research and Quality and the 2002 Unequal Treatment Report of the Institute of Medicine, document the extensiveness to which health disparities exist across the country. (2) These studies have found that, on average, racial and ethnic minorities are disproportionately afflicted with chronic and acute conditions—such as cancer, diabetes, musculoskeletal disease, obesity, and hypertension—and suffer worse health outcomes, worse health status, and higher mortality rates than their White counterparts. (3) Several recent studies also show that health disparities are a function of not only access to health care, but also the social determinants of health—including the environment, the physical structure of communities, nutrition and food options, educational attainment, employment, race, ethnicity, geography, and language preference—that directly and indirectly affect the health, health care, and wellness of individuals and communities. (4) Integrally involving and fully supporting the communities most affected by health inequities in the assessment, planning, launch, and evaluation of health disparity elimination efforts are among the leading recommendations made to adequately address and ultimately reduce health disparities. (5) Recommendations also include supporting the efforts of community stakeholders from a broad cross section—including, but not limited to local businesses, local departments of commerce, education, labor, urban planning, and transportation, and community-based and other nonprofit organizations—to find areas of common ground around health disparity elimination and collaborate to improve the overall health and wellness of a community and its residents. 403. Designation of health empowerment zones (a) In general At the request of an eligible community partnership, the Secretary may designate an eligible area as a health empowerment zone. (b) Eligibility criteria (1) Eligible community partnership A community partnership is eligible to submit a request under this section if the partnership— (A) demonstrates widespread public support from key individuals and entities in the eligible area, including members of the target community, State and local governments, nonprofit organizations, and community and industry leaders, for designation of the eligible area as a health empowerment zone; and (B) includes representatives of— (i) a broad cross section of stakeholders and residents from communities in the eligible area experiencing disproportionate disparities in health status and health care; and (ii) organizations, facilities, and institutions that have a history of working within and serving such communities. (2) Eligible area An area is eligible to be designated as a health empowerment zone under this section if one or more communities in the area experience disproportionate disparities in health status and health care. In determining whether a community experiences such disparities, the Secretary shall consider the data collected by the Department of Health and Human Services focusing on the following areas: (A) Access to affordable, high-quality health services. (B) The prevalence of disproportionate rates of certain illnesses or diseases including the following: (i) Arthritis, osteoporosis, chronic back conditions, and other musculoskeletal diseases. (ii) Cancer. (iii) Chronic kidney disease. (iv) Diabetes. (v) Injury (intentional and unintentional). (vi) Violence (intimate and nonintimate). (vii) Maternal and paternal illnesses and diseases. (viii) Infant mortality. (ix) Mental illness and other disabilities. (x) Substance abuse treatment and prevention, including underage drinking. (xi) Nutrition, obesity, and overweight conditions. (xii) Heart disease. (xiii) Hypertension. (xiv) Cerebrovascular disease or stroke. (xv) Tuberculosis. (xvi) HIV/AIDS and other sexually transmitted diseases. (xvii) Viral hepatitis. (xviii) Asthma. (xix) Tooth decay and other oral health issues. (C) Within the target community, the historical and persistent presence of conditions that have been found to contribute to health disparities including any such conditions respecting the following: (i) Poverty. (ii) Educational status and the quality of community schools. (iii) Income. (iv) Access to high-quality affordable health care. (v) Work and work environment. (vi) Environmental conditions in the community, including with respect to clean water, clean air, and the presence or absence of pollutants. (vii) Language and English proficiency. (viii) Access to affordable healthy food. (ix) Access to ethnically and culturally diverse health and human service providers and practitioners. (x) Access to culturally and linguistically competent health and human services and health and human service providers. (xi) Health-supporting infrastructure. (xii) Health insurance that is adequate and affordable. (xiii) Race, racism, and bigotry (conscious and unconscious). (xiv) Sexual orientation. (xv) Health literacy. (xvi) Place of residence (such as urban areas, rural areas, and tribal reservations). (xvii) Stress. (c) Procedure (1) Request A request under subsection (a) shall— (A) describe the bounds of the area to be designated as a health empowerment zone and the process used to select those bounds; (B) demonstrate that the partnership submitting the request is an eligible community partnership described in subsection (b)(1); (C) demonstrate that the area is an eligible area described in subsection (b)(2); (D) include a comprehensive assessment of disparities in health status and health care experience by one or more communities in the area; (E) set forth— (i) a vision and a set of values for the area; and (ii) a comprehensive and holistic set of goals to be achieved in the area through designation as a health empowerment zone; and (F) include a strategic plan and an action plan for achieving the goals described in subparagraph (E)(ii). (2) Approval Not later than 60 days after the receipt of a request for designation of an area as a health empowerment zone under this section, the Secretary shall approve or disapprove the request. (d) Minimum number The Secretary— (1) shall designate not more than 110 health empowerment zones under this section; and (2) shall designate at least one health empowerment zone in each of the several States, the District of Columbia, and each territory or possession of the United States. 404. Assistance to those seeking designation At the request of any organization or entity seeking to submit a request under section 403(a), the Secretary shall provide technical assistance, and may award a grant, to assist such organization or entity— (1) to form an eligible community partnership described in section 403(b)(1); (2) to complete a health assessment, including an assessment of health disparities under section 403(c)(1)(D); or (3) to prepare and submit a request, including a strategic plan, in accordance with section 403. 405. Benefits of designation (a) Priority In awarding any competitive grant, a Federal official shall give priority to any applicant that— (1) meets the eligibility criteria for the grant; (2) proposes to use the grant for activities in a health empowerment zone; and (3) demonstrates that such activities will directly and significantly further the goals of the strategic plan approved for such zone under section 403. (b) Grants for initial implementation of strategic plan (1) In general Upon designating an eligible area as a health empowerment zone at the request of an eligible community partnership, the Secretary shall, subject to the availability of appropriations, make a grant to the community partnership for implementation of the strategic plan for such zone. (2) Grant period A grant under paragraph (1) for a health empowerment zone shall be for a period of 2 years and may be renewed, except that the total period of grants under paragraph (1) for such zone may not exceed 10 years. (3) Limitation In awarding grants under this subsection, the Secretary shall not give less priority to an applicant or reduce the amount of a grant because the Secretary rendered technical assistance or made a grant to the same applicant under section 404. (4) Reporting The Secretary shall require each recipient of a grant under this subsection to report to the Secretary not less than every 6 months on the progress in implementing the strategic plan for the health empowerment zone. 406. Definition In this subtitle, the term Secretary means the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration and the Deputy Assistant Secretary for Minority Health, and in cooperation with the Director of the Office of Community Services and the Director of the National Institute for Minority Health and Health Disparities. 407. Authorization of appropriations To carry out this subtitle, there is authorized to be appropriated $100,000,000 for fiscal year 2015. B Other Improvements of Health Care Services 1 Expansion of Coverage 411. Amendment to the Public Health Service Act Title XXXIV of the Public Health Service Act , as amended by titles I, II, III, and IX of this Act, is further amended by inserting after subtitle C the following: D Reconstruction and Improvement Grants for Public Health Care Facilities Serving Pacific Islanders and the Insular Areas 3451. Grant support for quality improvement initiatives (a) In general The Secretary, in collaboration with the Administrator of the Health Resources and Services Administration, the Director of the Agency for Healthcare Research and Quality, and the Administrator of the Centers for Medicare & Medicaid Services, shall award grants to eligible entities for the conduct of demonstration projects to improve the quality of and access to health care. (b) Eligibility To be eligible to receive a grant under subsection (a), an entity shall— (1) be a health center, hospital, health plan, health system, community clinic. or other health entity determined appropriate by the Secretary— (A) that, by legal mandate or explicitly adopted mission, provides patients with access to services regardless of their ability to pay; (B) that provides care or treatment for a substantial number of patients who are uninsured, are receiving assistance under a State program under title XIX of the Social Security Act , or are members of vulnerable populations, as determined by the Secretary; and (C) (i) with respect to which, not less than 50 percent of the entity’s patient population is made up of racial and ethnic minorities; or (ii) that— (I) serves a disproportionate percentage of local, minority racial and ethnic patients, or that has a patient population, at least 50 percent of which is limited-English-proficient; and (II) provides an assurance that amounts received under the grant will be used only to support quality improvement activities in the racial and ethnic population served; and (2) prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Priority In awarding grants under subsection (a), the Secretary shall give priority to applicants under subsection (b)(2) that— (1) demonstrate an intent to operate as part of a health care partnership, network, collaborative, coalition, or alliance where each member entity contributes to the design, implementation, and evaluation of the proposed intervention; or (2) intend to use funds to carry out systemwide changes with respect to health care quality improvement, including— (A) improved systems for data collection and reporting; (B) innovative collaborative or similar processes; (C) group programs with behavioral or self-management interventions; (D) case management services; (E) physician or patient reminder systems; (F) educational interventions; or (G) other activities determined appropriate by the Secretary. (d) Use of funds An entity shall use amounts received under a grant under subsection (a) to support the implementation and evaluation of health care quality improvement activities or minority health and health care disparity reduction activities that include— (1) with respect to health care systems, activities relating to improving— (A) patient safety; (B) timeliness of care; (C) effectiveness of care; (D) efficiency of care; (E) patient centeredness; and (F) health information technology; and (2) with respect to patients, activities relating to— (A) staying healthy; (B) getting well, mentally and physically; (C) living effectively with illness or disability; and (D) coping with end-of-life issues. (e) Common data systems The Secretary shall provide financial and other technical assistance to grantees under this section for the development of common data systems. (f) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2015 through 2020. 3452. Centers of excellence (a) In general The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall designate centers of excellence at public hospitals, and other health systems serving large numbers of minority patients, that— (1) meet the requirements of section 3451(b)(1); (2) demonstrate excellence in providing care to minority populations; and (3) demonstrate excellence in reducing disparities in health and health care. (b) Requirements A hospital or health system that serves as a center of excellence under subsection (a) shall— (1) design, implement, and evaluate programs and policies relating to the delivery of care in racially, ethnically, and linguistically diverse populations; (2) provide training and technical assistance to other hospitals and health systems relating to the provision of quality health care to minority populations; and (3) develop activities for graduate or continuing medical education that institutionalize a focus on cultural competence training for health care providers. (c) Authorization of appropriations There are authorized to be appropriated to carry out this section, such sums as may be necessary for each of fiscal years 2015 through 2020. 3453. Reconstruction and improvement grants for Public Health care facilities serving Pacific Islanders and the insular areas (a) In general The Secretary shall provide direct financial assistance to designated health care providers and community health centers in American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Puerto Rico, and Hawaii for the purposes of reconstructing and improving health care facilities and services in a culturally competent and sustainable manner. (b) Eligibility To be eligible to receive direct financial assistance under subsection (a), an entity shall be a public health facility or community health center located in American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Puerto Rico, or Hawaii that— (1) is owned or operated by— (A) the Government of American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Puerto Rico, or Hawaii or a unit of local government; or (B) a nonprofit organization; and (2) (A) provides care or treatment for a substantial number of patients who are uninsured, receiving assistance under a State program under a title XVIII of the Social Security Act , or a State program under title XIX of such Act, or who are members of a vulnerable population, as determined by the Secretary; or (B) serves a disproportionate percentage of local, minority racial and ethnic patients. (c) Report Not later than 180 days after the date of enactment of this title and annually thereafter, the Secretary shall submit to the Congress and the President a report that includes an assessment of health resources and facilities serving populations in American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Puerto Rico, and Hawaii. In preparing such report, the Secretary shall— (1) consult with and obtain information on all health care facilities needs from the entities described in subsection (b); (2) include all amounts of Federal assistance received by each entity in the preceding fiscal year; (3) review the total unmet needs of each jurisdiction for health care facilities, including needs for renovation and expansion of existing facilities; (4) include a strategic plan for addressing the needs of each jurisdiction identified in the report; and (5) evaluate the effectiveness of the care provided by measuring patient outcomes and cost measures. (d) Authorization of appropriations There are authorized to be appropriated such sums as necessary to carry out this section. . 412. Removing citizenship and immigration barriers to access to affordable health care under the ACA (a) In general (1) Premium tax credits Section 36B of the Internal Revenue Code of 1986 is amended— (A) in subsection (c)(1)(B)— (i) by amending the subparagraph heading to read as follows: Special rule for certain individuals ineligible for Medicaid due to status , and (ii) in clause (ii), by striking lawfully present in the United States, but and inserting who , and (B) by striking subsection (e). (2) Cost-sharing reductions Section 1402 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071 ) is amended by striking subsection (e). (3) Preexisting condition insurance plan Section 1101(d) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18001(d) ) is amended by striking paragraph (1) and redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. (4) Basic health program eligibility Section 1331(e)(1)(B) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18051(e)(1)(B) ) is amended by striking lawfully present in the United States, . (5) Restrictions on Federal payments Section 1412 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18082 ) is amended by striking subsection (d). (6) Requirement to maintain minimum essential coverage Subsection (d) of section 5000A of the Internal Revenue Code of 1986 is amended by striking paragraph (3) and by redesignating paragraph (4) as paragraph (3). (b) Conforming amendment (1) Section 1411(a) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18081(a) ) is amended by striking paragraph (1) and redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively. (2) Section 1312(f) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18032(f) ) is amended— (A) in the subsection heading, by striking employers; and all that follows through residents ; and (B) by striking paragraph (3). 413. Study on the uninsured (a) In general The Secretary of Health and Human Services (in this section referred to as the Secretary ) shall— (1) conduct a study, in accordance with the standards under section 3101 of the Public Health Service Act ( 42 U.S.C. 300kk ), on the demographic characteristics of the population of individuals who do not have health insurance coverage; and (2) predict, based on such study, the demographic characteristics of the population of individuals who would remain without health insurance coverage after the end of open enrollment or any special enrollment period. (b) Reporting requirements (1) In general Not later than 12 months after the date of the enactment of this Act, the Secretary shall submit to the Congress the results of the study under subsection (a)(1) and the prediction made under subsection (a)(2) . (2) Reporting of demographic characteristics The Secretary shall report the demographic characteristics under paragraphs (1) and (2) of subsection (a) on the basis of racial and ethnic group, and shall stratify the reporting on each racial and ethnic group by other demographic characteristics that can impact access to health insurance coverage, such as sexual orientation, gender identity, primary language, disability status, sex, socioeconomic status, age group, and citizenship and immigration status, in a manner consistent with title I of this Act. 414. Medicaid payment parity for the territories (a) Elimination of funding limitations for Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa (1) In general Section 1108 of the Social Security Act ( 42 U.S.C. 1308 ) is amended— (A) in subsection (f), in the matter preceding paragraph (1), by striking subsection (g) and inserting subsections (g) and (h) ; (B) in subsection (g)(2), in the matter preceding subparagraph (A)— (i) by striking Notwithstanding subsection (f) and subject to and and inserting Notwithstanding subsection (f) and subject to ; and (ii) by striking paragraphs (3) and (5) and inserting , paragraphs (3) and (5) of this subsection, and subsection (h) . (C) by adding at the end the following new subsection: (h) Sunset of funding limitations for Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa Subsections (f) and (g) shall not apply to Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa for any fiscal year after fiscal year 2015. . (2) Conforming amendment Section 1903(u) of such Act ( 42 U.S.C. 1396c(u) ) is amended by striking paragraph (4). (3) Effective date The amendments made by this subsection shall apply beginning with fiscal year 2016. (b) Parity in FMAP (1) In general Section 1905(b) of such Act ( 42 U.S.C. 1396d(b) ) is amended by inserting after and American Samoa shall be 55 percent, the following: (except that, beginning with fiscal year 2018, the Federal medical assistance percentage for Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa shall be the Federal medical assistance percentage determined by the Secretary in consultation (for the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa) with the Secretary of the Interior) . (2) 2-fiscal-year transition Notwithstanding any other provision of law, during fiscal years 2016 and 2017, the Federal medical assistance percentage established under section 1905(b) of the Social Security Act ( 42 U.S.C. 1396d(b) ) for Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa shall be the highest such Federal medical assistance percentage applicable to any of the 50 States or the District of Columbia for the fiscal year involved. (3) Per capita income data (A) Report to Congress Not later than October 1, 2016, the Secretary of Health and Human Services shall submit to Congress a report that describes the per capita income data used to promulgate the Federal medical assistance percentage in the territories and how such data differ from the per capita income data used to promulgate Federal medical assistance percentages for the 50 States and the District of Columbia. The report should include recommendations on how the Federal medical assistance percentages can be calculated for the territories to ensure parity with the 50 States and the District of Columbia. (B) Application Section 1101(a)(8)(B) of the Social Security Act ( 42 U.S.C. 1308(a)(8)(B) ) is amended— (i) by striking (other than Puerto Rico, the United States Virgin Islands, and Guam) and inserting (including Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa) ; and (ii) by inserting (or, if such satisfactory data are not available in the case of the United States Virgin Islands, Guam, the Northern Mariana Islands, or American Samoa, satisfactory data available from the Department of the Interior for the same period, or if such satisfactory data are not available in the case of Puerto Rico, satisfactory data available from the government of the Commonwealth of Puerto Rico for the same period) after Department of Commerce . 415. Extension of Medicare secondary payer (a) In general Section 1862(b)(1)(C) of the Social Security Act ( 42 U.S.C. 1395y(b)(1)(C) ) is amended— (1) in the last sentence, by inserting , and before January 1, 2015 after prior to such date) ; and (2) by adding at the end the following new sentence: Effective for items and services furnished on or after January 1, 2015 (with respect to periods beginning on or after the date that is 42 months prior to such date), clauses (i) and (ii) shall be applied by substituting 42-month for 12-month each place it appears in the first sentence. . (b) Effective date The amendments made by this section shall take effect on the date of enactment of this Act. For purposes of determining an individual’s status under section 1862(b)(1)(C) of the Social Security Act ( 42 U.S.C. 1395y(b)(1)(C) ), as amended by subsection (a), an individual who is within the coordinating period as of the date of enactment of this Act shall have that period extended to the full 42 months described in the last sentence of such section, as added by the amendment made by subsection (a)(2). 416. Border health grants (a) Eligible entity defined In this section, the term eligible entity means a State, public institution of higher education, local government, tribal government, nonprofit health organization, community health center, or community clinic receiving assistance under section 330 of the Public Health Service Act ( 42 U.S.C. 254b ), that is located in the border area. (b) Authorization From funds appropriated under subsection (f), the Secretary of Health and Human Services (in this section referred to as the Secretary ), acting through the United States members of the United States-Mexico Border Health Commission, shall award grants to eligible entities to address priorities and recommendations to improve the health of border area residents that are established by— (1) the United States members of the United States-Mexico Border Health Commission; (2) the State border health offices; and (3) the Secretary. (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— (1) programs relating to— (A) maternal and child health; (B) primary care and preventative health; (C) public health and public health infrastructure; (D) musculoskeletal health and obesity; (E) health education and promotion; (F) oral health; (G) mental and behavioral health; (H) substance abuse; (I) health conditions that have a high prevalence in the border area; (J) medical and health services research; (K) workforce training and development; (L) community health workers or promotoras; (M) health care infrastructure problems in the border area (including planning and construction grants); (N) health disparities in the border area; (O) environmental health; and (P) 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 and 1397aa)); and (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). (f) Authorization of appropriations There are authorized to be appropriated to carry out this section, $200,000,000 for fiscal year 2015, and such sums as may be necessary for each succeeding fiscal year. 417. Removing Medicare barrier to health care (a) Part A Section 1818(a)(3) of the Social Security Act ( 42 U.S.C. 1395i–2(a)(3) ) is amended by striking (B) and all that follows through under this section and inserting (B) an individual who is lawfully present in the United States . (b) Part B Section 1836(2) of the Social Security Act ( 42 U.S.C. 1395o(2) ) is amended by striking (B) and all that follows through under this part and inserting (B) an individual who is lawfully present in the United States . 418. 100 percent FMAP for medical assistance provided by urban Indian health centers (a) In general The third sentence of section 1905(b) of the Social Security Act ( 42 U.S.C. 1396(b) ), as amended by section 415(c), is further amended by inserting or are received through a program operated by an urban Indian organization through a grant or contract under title V of such Act after (as defined in section 4 of the Indian Health Care Improvement Act) . (b) Effective date The amendment made by this section shall apply to medical assistance provided on or after the date of enactment of this Act. 419. 100 percent FMAP for medical assistance provided to a Native Hawaiian through a federally qualified health center or a Native Hawaiian health care system under the Medicaid program (a) In general The third sentence of section 1905(b) of the Social Security Act ( 42 U.S.C. 1396d(b) ), as amended by section 419, is amended by inserting ; and, with respect to medical assistance provided to a Native Hawaiian (as defined in section 12(2) of the Native Hawaiian Health Care Improvement Act) through a federally qualified health center or a Native Hawaiian health care system (as defined in section 12(6) of such Act), whether directly, by referral, or under contract or other arrangement between such federally qualified health center or Native Hawaiian health care system and another health care provider before the period. (b) Effective date The amendment made by this section shall apply to medical assistance provided on or after the date of enactment of this Act. 2 Expansion of Access 421. Grants for racial and ethnic approaches to community health (a) Purpose It is the purpose of this section to provide for the awarding of grants to assist communities in mobilizing and organizing resources in support of effective and sustainable programs that will reduce or eliminate disparities in health and health care experienced by racial and ethnic minority individuals. (b) Authority To Award Grants The Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, shall award grants to eligible entities to assist in designing, implementing, and evaluating culturally and linguistically appropriate, science-based, and community-driven sustainable strategies to eliminate racial and ethnic health and health care disparities. (c) Eligible Entities To be eligible to receive a grant under this section, an entity shall— (1) represent a coalition— (A) whose principal purpose is to develop and implement interventions to reduce or eliminate a health or health care disparity in a targeted racial or ethnic minority group in the community served by the coalition; and (B) that includes— (i) members selected from among— (I) public health departments; (II) community-based organizations; (III) university and research organizations; (IV) American Indian tribal organizations, national American Indian organizations, Indian Health Service, or organizations serving Alaska Natives; and (V) interested public or private health care providers or organizations as deemed appropriate by the Secretary; and (ii) at least 1 member from a community-based organization that represents the targeted racial or ethnic minority group; and (2) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, which shall include— (A) a description of the targeted racial or ethnic populations in the community to be served under the grant; (B) a description of at least 1 health disparity that exists in the racial or ethnic targeted populations, including health issues such as infant mortality, breast and cervical cancer screening and management, musculoskeletal diseases and obesity, prostate cancer screening and management, cardiovascular disease, diabetes, child and adult immunization levels, or other health priority areas as designated by the Secretary; and (C) a demonstration of a proven record of accomplishment of the coalition members in serving and working with the targeted community. (d) Sustainability The Secretary shall give priority to an eligible entity under this section if the entity agrees that, with respect to the costs to be incurred by the entity in carrying out the activities for which the grant was awarded, the entity (and each of the participating partners in the coalition represented by the entity) will maintain its expenditures of non-Federal funds for such activities at a level that is not less than the level of such expenditures during the fiscal year immediately preceding the first fiscal year for which the grant is awarded. (e) Nonduplication Funds provided through this grant program should supplement, not supplant, existing Federal funding, and the funds should not be used to duplicate the activities of the other health disparity grant programs in this Act. (f) Technical Assistance The Secretary may, either directly or by grant or contract, provide any entity that receives a grant under this section with technical and other nonfinancial assistance necessary to meet the requirements of this section. (g) Dissemination The Secretary shall encourage and enable grantees to share best practices, evaluation results, and reports with communities not affiliated with grantees using the Internet, conferences, and other pertinent information regarding the projects funded by this section, including the outreach efforts of the Office of Minority Health and Health Disparity Elimination and the Centers for Disease Control and Prevention. (h) Administrative Burdens The Secretary shall make every effort to minimize duplicative or unnecessary administrative burdens on grantees. (i) Definition In this section, the term Secretary means the Secretary of Health and Human Services. (j) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section. 422. Critical access hospital improvements (a) Elimination of isolation test for cost-Based ambulance reimbursement (1) In general Section 1834(l)(8) of the Social Security Act ( 42 U.S.C. 1395m(l)(8) ) is amended— (A) in subparagraph (B)— (i) by striking owned and ; and (ii) by inserting (including when such services are provided by the entity under an arrangement with the hospital) after hospital ; and (B) by striking the comma at the end of subparagraph (B) and all that follows and inserting a period. (2) Effective date The amendments made by this subsection shall apply to services furnished on or after January 1, 2015. (b) Provision of a more flexible alternative to the CAH designation 25 inpatient bed limit requirement (1) In general Section 1820(c)(2) of the Social Security Act ( 42 U.S.C. 1395i–4(c)(2) ) is amended— (A) in subparagraph (B)(iii), by striking provides not more than and inserting subject to subparagraph (F), provides not more than ; and (B) by adding at the end the following new subparagraph: (F) Alternative to 25 inpatient bed limit requirement (i) In general A State may elect to treat a facility, with respect to the designation of the facility for a cost-reporting period, as satisfying the requirement of subparagraph (B)(iii) relating to a maximum number of acute care inpatient beds if the facility elects, in accordance with a method specified by the Secretary and before the beginning of the cost reporting period, to meet the requirement under clause (ii). (ii) Alternate requirement The requirement under this clause, with respect to a facility and a cost-reporting period, is that the total number of inpatient bed days described in subparagraph (B)(iii) during such period will not exceed 7,300. For purposes of this subparagraph, an individual who is an inpatient in a bed in the facility for a single day shall be counted as one inpatient bed day. (iii) Withdrawal of election The option described in clause (i) shall not apply to a facility for a cost-reporting period if the facility (for any two consecutive cost-reporting periods during the previous 5 cost-reporting periods) was treated under such option and had a total number of inpatient bed days for each of such two cost-reporting periods that exceeded the number specified in such clause. . (2) Effective date The amendments made by paragraph (1) shall apply to cost-reporting periods beginning on or after the date of the enactment of this Act. 423. Establishment of Rural Community Hospital (RCH) Program (a) In general Section 1861 of the Social Security Act ( 42 U.S.C. 1395x ), as amended by section 203(b)(1), is amended by adding at the end of the following new subsection: (jjj) Rural Community Hospital; Rural Community Hospital Services (1) The term rural community hospital means a hospital (as defined in subsection (e)) that— (A) is located in a rural area (as defined in section 1886(d)(2)(D)) or treated as being so located pursuant to section 1886(d)(8)(E); (B) subject to paragraph (2), has less than 51 acute care inpatient beds, as reported in its most recent cost report; (C) makes available 24-hour emergency care services; (D) subject to paragraph (3), has a provider agreement in effect with the Secretary and is open to the public as of January 1, 2010; and (E) applies to the Secretary for such designation. (2) For purposes of paragraph (1)(B), beds in a psychiatric or rehabilitation unit of the hospital which is a distinct part of the hospital shall not be counted. (3) Paragraph (1)(D) shall not be construed to prohibit any of the following from qualifying as a rural community hospital: (A) A replacement facility (as defined by the Secretary in regulations in effect on January 1, 2012) with the same service area (as defined by the Secretary in regulations in effect on such date). (B) A facility obtaining a new provider number pursuant to a change of ownership. (C) A facility which has a binding written agreement with an outside, unrelated party for the construction, reconstruction, lease, rental, or financing of a building as of January 1, 2012. (4) Nothing in this subsection shall be construed as prohibiting a critical access hospital from qualifying as a rural community hospital if the critical access hospital meets the conditions otherwise applicable to hospitals under subsection (e) and section 1866. (5) Nothing in this subsection shall be construed as prohibiting a rural community hospital participating in the demonstration program under section 410A of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ; 117 Stat. 2313) from qualifying as a rural community hospital if the rural community hospital meets the conditions otherwise applicable to hospitals under subsection (e) and section 1866. . (b) Payment (1) Inpatient hospital services Section 1814 of the Social Security Act ( 42 U.S.C. 1395f ) is amended by adding at the end the following new subsection: (m) Payment for Inpatient Services Furnished in Rural Community Hospitals The amount of payment under this part for inpatient hospital services furnished in a rural community hospital, other than such services furnished in a psychiatric or rehabilitation unit of the hospital which is a distinct part, is, at the election of the hospital in the application referred to in section 1861(jjj)(1)(E)— (1) 101 percent of the reasonable costs of providing such services, without regard to the amount of the customary or other charge, or (2) the amount of payment provided for under the prospective payment system for inpatient hospital services under section 1886(d). . (2) Outpatient services Section 1834 of such Act ( 42 U.S.C. 1395m ) is amended by adding at the end the following new subsection: (p) Payment for outpatient services furnished in rural community hospitals The amount of payment under this part for outpatient services furnished in a rural community hospital is, at the election of the hospital in the application referred to in section 1861(jjj)(1)(E)— (1) 101 percent of the reasonable costs of providing such services, without regard to the amount of the customary or other charge and any limitation under section 1861(v)(1)(U), or (2) the amount of payment provided for under the prospective payment system for covered OPD services under section 1833(t). . (3) Exemption from 30-percent reduction in reimbursement for bad debt Section 1861(v)(1)(T) of such Act ( 42 U.S.C. 1395x(v)(1)(T) ) is amended by inserting (other than for a rural community hospital) after In determining such reasonable costs for hospitals . (c) Beneficiary cost-Sharing for outpatient services Section 1834(p) of such Act (as added by subsection (b)(2)) is amended— (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) by inserting (1) after (p) ; and (3) by adding at the end the following: (2) The amounts of beneficiary cost-sharing for outpatient services furnished in a rural community hospital under this part shall be as follows: (A) For items and services that would have been paid under section 1833(t) if provided by a hospital, the amount of cost-sharing determined under paragraph (8) of such section. (B) For items and services that would have been paid under section 1833(h) if furnished by a provider or supplier, no cost-sharing shall apply. (C) For all other items and services, the amount of cost-sharing that would apply to the item or service under the methodology that would be used to determine payment for such item or service if provided by a physician, provider, or supplier, as the case may be. . (d) Conforming amendments (1) Part A payment Section 1814(b) of such Act ( 42 U.S.C. 1395f(b) ) is amended in the matter preceding paragraph (1) by inserting other than inpatient hospital services furnished by a rural community hospital, after critical access hospital services, . (2) Part B payment Section 1833(a) of such Act ( 42 U.S.C. 1395l(a) ), as amended by section 203(b)(2), is amended— (A) in paragraph (2), in the matter before subparagraph (A), by striking and (I) and inserting (I), and (K) ; (B) by striking and at the end of paragraph (9); (C) by striking the period at the end of paragraph (10) and inserting ; and ; and (D) by adding at the end the following: (11) in the case of outpatient services furnished by a rural community hospital, the amounts described in section 1834(p). . (3) Technical amendments (A) Consultation with State agencies Section 1863 of such Act ( 42 U.S.C. 1395z ) is amended by striking and (dd)(2) and inserting (dd)(2), (mm)(1), and (jjj)(1) . (B) Provider agreements Section 1866(a)(2)(A) of such Act ( 42 U.S.C. 1395cc(a)(2)(A) ) is amended by inserting section 1834(p)(2), after section 1833(b), . (e) Effective date The amendments made by this section shall apply to items and services furnished on or after October 1, 2014. 424. Medicare remote monitoring pilot projects (a) Pilot projects (1) In general Not later than 9 months after the date of enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the Secretary ) shall conduct pilot projects under title XVIII of the Social Security Act for the purpose of providing incentives to home health agencies to utilize home monitoring and communications technologies that— (A) enhance health outcomes for Medicare beneficiaries; and (B) reduce expenditures under such title. (2) Site requirements (A) Urban and Rural The Secretary shall conduct the pilot projects under this section in both urban and rural areas. (B) Site in a small State The Secretary shall conduct at least 3 of the pilot projects in a State with a population of less than 1,000,000. (3) Definition of home health agency In this section, the term home health agency has the meaning given that term in section 1861(o) of the Social Security Act (42 U.S.C. 1395x(o)). (b) Medicare beneficiaries within the scope of projects The Secretary shall specify the criteria for identifying those Medicare beneficiaries who shall be considered within the scope of the pilot projects under this section for purposes of the application of subsection (c) and for the assessment of the effectiveness of the home health agency in achieving the objectives of this section. Such criteria may provide for the inclusion in the projects of Medicare beneficiaries who begin receiving home health services under title XVIII of the Social Security Act after the date of the implementation of the projects. (c) Incentives (1) Performance targets The Secretary shall establish for each home health agency participating in a pilot project under this section a performance target using one of the following methodologies, as determined appropriate by the Secretary: (A) Adjusted historical performance target The Secretary shall establish for the agency— (i) a base expenditure amount equal to the average total payments made to the agency under parts A and B of title XVIII of the Social Security Act for Medicare beneficiaries determined to be within the scope of the pilot project in a base period determined by the Secretary; and (ii) an annual per capita expenditure target for such beneficiaries, reflecting the base expenditure amount adjusted for risk and adjusted growth rates. (B) Comparative performance target The Secretary shall establish for the agency a comparative performance target equal to the average total payments under such parts A and B during the pilot project for comparable individuals in the same geographic area that are not determined to be within the scope of the pilot project. (2) Incentive Subject to paragraph (3), the Secretary shall pay to each participating home care agency an incentive payment for each year under the pilot project equal to a portion of the Medicare savings realized for such year relative to the performance target under paragraph (1). (3) Limitation on expenditures The Secretary shall limit incentive payments under this section in order to ensure that the aggregate expenditures under title XVIII of the Social Security Act (including incentive payments under this subsection) do not exceed the amount that the Secretary estimates would have been expended if the pilot projects under this section had not been implemented. (d) Waiver authority The Secretary may waive such provisions of titles XI and XVIII of the Social Security Act as the Secretary determines to be appropriate for the conduct of the pilot projects under this section. (e) Report to Congress Not later than 5 years after the date that the first pilot project under this section is implemented, the Secretary shall submit to Congress a report on the pilot projects. Such report shall contain a detailed description of issues related to the expansion of the projects under subsection (f) and recommendations for such legislation and administrative actions as the Secretary considers appropriate. (f) Expansion If the Secretary determines that any of the pilot projects under this section enhance health outcomes for Medicare beneficiaries and reduce expenditures under title XVIII of the Social Security Act, the Secretary may initiate comparable projects in additional areas. (g) Incentive payments have no effect on other Medicare payments to agencies An incentive payment under this section— (1) shall be in addition to the payments that a home health agency would otherwise receive under title XVIII of the Social Security Act for the provision of home health services; and (2) shall have no effect on the amount of such payments. 425. Rural health quality advisory commission and demonstration projects (a) Rural Health Quality Advisory Commission (1) Establishment Not later than 6 months after the date of the enactment of this section, the Secretary of Health and Human Services (in this section referred to as the Secretary ) shall establish a commission to be known as the Rural Health Quality Advisory Commission (in this section referred to as the Commission ). (2) Duties of commission (A) National plan The Commission shall develop, coordinate, and facilitate implementation of a national plan for rural health quality improvement. The national plan shall— (i) identify objectives for rural health quality improvement; (ii) identify strategies to eliminate known gaps in rural health system capacity and improve rural health quality; and (iii) provide for Federal programs to identify opportunities for strengthening and aligning policies and programs to improve rural health quality. (B) Demonstration projects The Commission shall design demonstration projects to test alternative models for rural health quality improvement, including with respect to both personal and population health. (C) Monitoring The Commission shall monitor progress toward the objectives identified pursuant to paragraph (1)(A). (3) Membership (A) Number The Commission shall be composed of 11 members appointed by the Secretary. (B) Selection The Secretary shall select the members of the Commission from among individuals with significant rural health care and health care quality expertise, including expertise in clinical health care, health care quality research, population or public health, or purchaser organizations. (4) Contracting authority Subject to the availability of funds, the Commission may enter into contracts and make other arrangements, as may be necessary to carry out the duties described in paragraph (2). (5) Staff Upon the request of the Commission, the Secretary may detail, on a reimbursable basis, any of the personnel of the Office of Rural Health Policy of the Health Resources and Services Administration, the Agency for Healthcare Quality and Research, or the Centers for Medicare & Medicaid Services to the Commission to assist in carrying out this subsection. (6) Reports to congress Not later than 1 year after the establishment of the Commission, and annually thereafter, the Commission shall submit a report to the Congress on rural health quality. Each such report shall include the following: (A) An inventory of relevant programs and recommendations for improved coordination and integration of policy and programs. (B) An assessment of achievement of the objectives identified in the national plan developed under paragraph (2) and recommendations for realizing such objectives. (C) Recommendations on Federal legislation, regulations, or administrative policies to enhance rural health quality and outcomes. (b) Rural Health Quality Demonstration Projects (1) In general Not later than 270 days after the date of the enactment of this section, the Secretary, in consultation with the Rural Health Quality Advisory Commission, the Office of Rural Health Policy of the Health Resources and Services Administration, the Agency for Healthcare Research and Quality, and the Centers for Medicare & Medicaid Services, shall make grants to eligible entities for 5 demonstration projects to implement and evaluate methods for improving the quality of health care in rural communities. Each such demonstration project shall include— (A) alternative community models that— (i) will achieve greater integration of personal and population health services; and (ii) address safety, effectiveness, patient- or community-centeredness, timeliness, efficiency, and equity (the 6 aims identified by the Institute of Medicine of the National Academies in its report entitled Crossing the Quality Chasm: A New Health System for the 21st Century released on March 1, 2001); (B) innovative approaches to the financing and delivery of health services to achieve rural health quality goals; and (C) development of quality improvement support structures to assist rural health systems and professionals (such as workforce support structures, quality monitoring and reporting, clinical care protocols, and information technology applications). (2) Eligible entities In this subsection, the term eligible entity means a consortium that— (A) shall include— (i) at least one health care provider or health care delivery system located in a rural area; and (ii) at least one organization representing multiple community stakeholders; and (B) may include other partners such as rural research centers. (3) Consultation In developing the program for awarding grants under this subsection, the Secretary shall consult with the Administrator of the Agency for Healthcare Research and Quality, rural health care providers, rural health care researchers, and private and nonprofit groups (including national associations) which are undertaking similar efforts. (4) Expedited waivers The Secretary shall expedite the processing of any waiver that— (A) is authorized under title XVIII or XIX of the Social Security Act ( 42 U.S.C. 1395 et seq. ); and (B) is necessary to carry out a demonstration project under this subsection. (5) Demonstration project sites The Secretary shall ensure that the 5 demonstration projects funded under this subsection are conducted at a variety of sites representing the diversity of rural communities in the Nation. (6) Duration Each demonstration project under this subsection shall be for a period of 4 years. (7) Independent evaluation The Secretary shall enter into an arrangement with an entity that has experience working directly with rural health systems for the conduct of an independent evaluation of the program carried out under this subsection. (8) Report Not later than 1 year after the conclusion of all of the demonstration projects funded under this subsection, the Secretary shall submit a report to the Congress on the results of such projects. The report shall include— (A) an evaluation of patient access to care, patient outcomes, and an analysis of the cost effectiveness of each such project; and (B) recommendations on Federal legislation, regulations, or administrative policies to enhance rural health quality and outcomes. (c) Appropriation (1) In general Out of funds in the Treasury not otherwise appropriated, there are appropriated to the Secretary to carry out this section $30,000,000 for the period of fiscal years 2015 through 2019. (2) Availability (A) In general Funds appropriated under paragraph (1) shall remain available for expenditure through fiscal year 2019. (B) Report For purposes of carrying out subsection (b)(8), funds appropriated under paragraph (1) shall remain available for expenditure through fiscal year 2020. (3) Reservation Of the amount appropriated under paragraph (1), the Secretary shall reserve— (A) $5,000,000 to carry out subsection (a); and (B) $25,000,000 to carry out subsection (b), of which— (i) 2 percent shall be for the provision of technical assistance to grant recipients; and (ii) 5 percent shall be for independent evaluation under subsection (b)(7). 426. Rural health care services Section 330A of the Public Health Service Act ( 42 U.S.C. 254c ) is amended to read as follows: 330A. Rural health care services outreach, rural health network development, Delta rural disparities and health systems development, and small rural health care provider quality improvement grant programs (a) Purpose The purpose of this section is to provide for grants— (1) under subsection (b), to promote rural health care services outreach; (2) under subsection (c), to provide for the planning and implementation of integrated health care networks in rural areas; (3) under subsection (d), to assist rural communities in the Delta Region to reduce health disparities and to promote and enhance health system development; and (4) under subsection (e), to provide for the planning and implementation of small rural health care provider quality improvement activities. (b) Rural health care services outreach grants (1) Grants The Director of the Office of Rural Health Policy of the Health Resources and Services Administration may award grants to eligible entities to promote rural health care services outreach by expanding the delivery of health care services to include new and enhanced services in rural areas. The Director may award the grants for periods of not more than 3 years. (2) Eligibility To be eligible to receive a grant under this subsection for a project, an entity— (A) shall be a rural public or rural nonprofit private entity, a facility that qualifies as a rural health clinic under title XVIII of the Social Security Act, a public or nonprofit entity existing exclusively to provide services to migrant and seasonal farm workers in rural areas, or a tribal government whose grant-funded activities will be conducted within federally recognized tribal areas; (B) shall represent a consortium composed of members— (i) that include 3 or more independently owned health care entities; and (ii) that may be nonprofit or for-profit entities; and (C) shall not previously have received a grant under this subsection for the same or a similar project, unless the entity is proposing to expand the scope of the project or the area that will be served through the project. (3) Applications To be eligible to receive a grant under this subsection, an eligible entity shall prepare and submit to the Director an application at such time, in such manner, and containing such information as the Director may require, including— (A) a description of the project that the eligible entity will carry out using the funds provided under the grant; (B) a description of the manner in which the project funded under the grant will meet the health care needs of rural populations in the local community or region to be served; (C) a plan for quantifying how health care needs will be met through identification of the target population and benchmarks of service delivery or health status, such as— (i) quantifiable measurements of health status improvement for projects focusing on health promotion; or (ii) benchmarks of increased access to primary care, including tracking factors such as the number and type of primary care visits, identification of a medical home, or other general measures of such access; (D) a description of how the local community or region to be served will be involved in the development and ongoing operations of the project; (E) a plan for sustaining the project after Federal support for the project has ended; (F) a description of how the project will be evaluated; (G) the administrative capacity to submit annual performance data electronically as specified by the Director; and (H) other such information as the Director determines to be appropriate. (c) Rural health network development grants (1) Grants (A) In general The Director may award rural health network development grants to eligible entities to promote, through planning and implementation, the development of integrated health care networks that have combined the functions of the entities participating in the networks in order to— (i) achieve efficiencies and economies of scale; (ii) expand access to, coordinate, and improve the quality of the health care delivery system through development of organizational efficiencies; (iii) implement health information technology to achieve efficiencies, reduce medical errors, and improve quality; (iv) coordinate care and manage chronic illness; and (v) strengthen the rural health care system as a whole in such a manner as to show a quantifiable return on investment to the participants in the network. (B) Grant periods The Director may award such a rural health network development grant— (i) for a period of 3 years for implementation activities; or (ii) for a period of 1 year for planning activities to assist in the initial development of an integrated health care network, if the proposed participants in the network do not have a history of collaborative efforts and a 3-year grant would be inappropriate. (2) Eligibility To be eligible to receive a grant under this subsection, an entity— (A) shall be a rural public or rural nonprofit private entity, a facility that qualifies as a rural health clinic under title XVIII of the Social Security Act, a public or nonprofit entity existing exclusively to provide services to migrant and seasonal farm workers in rural areas, or a tribal government whose grant-funded activities will be conducted within federally recognized tribal areas; (B) shall represent a network composed of participants— (i) that include 3 or more independently owned health care entities; and (ii) that may be nonprofit or for-profit entities; and (C) shall not previously have received a grant under this subsection (other than a 1-year grant for planning activities) for the same or a similar project. (3) Applications To be eligible to receive a grant under this subsection, an eligible entity, in consultation with the appropriate State office of rural health or another appropriate State entity, shall prepare and submit to the Director an application at such time, in such manner, and containing such information as the Director may require, including— (A) a description of the project that the eligible entity will carry out using the funds provided under the grant; (B) an explanation of the reasons why Federal assistance is required to carry out the project; (C) a description of— (i) the history of collaborative activities carried out by the participants in the network; (ii) the degree to which the participants are ready to integrate their functions; and (iii) how the local community or region to be served will benefit from and be involved in the activities carried out by the network; (D) a description of how the local community or region to be served will experience increased access to quality health care services across the continuum of care as a result of the integration activities carried out by the network, including a description of— (i) return on investment for the community and the network members; and (ii) other quantifiable performance measures that show the benefit of the network activities; (E) a plan for sustaining the project after Federal support for the project has ended; (F) a description of how the project will be evaluated; (G) the administrative capacity to submit annual performance data electronically as specified by the Director; and (H) other such information as the Director determines to be appropriate. (d) Delta rural disparities and health systems development grants (1) Grants The Director may award grants to eligible entities to support reduction of health disparities, improve access to health care, and enhance rural health system development in the Delta Region. (2) Eligibility To be eligible to receive a grant under this subsection, an entity shall be a rural public or rural nonprofit private entity, a facility that qualifies as a rural health clinic under title XVIII of the Social Security Act, a public or nonprofit entity existing exclusively to provide services to migrant and seasonal farm workers in rural areas, or a tribal government whose grant-funded activities will be conducted within federally recognized tribal areas. (3) Applications To be eligible to receive a grant under this subsection, an eligible entity shall prepare and submit to the Director an application at such time, in such manner, and containing such information as the Director may require, including— (A) a description of the project that the eligible entity will carry out using the funds provided under the grant; (B) an explanation of the reasons why Federal assistance is required to carry out the project; (C) a description of the manner in which the project funded under the grant will meet the health care needs of the Delta Region; (D) a description of how the local community or region to be served will experience increased access to quality health care services as a result of the activities carried out by the entity; (E) a description of how health disparities will be reduced or the health system will be improved; (F) a plan for sustaining the project after Federal support for the project has ended; (G) a description of how the project will be evaluated including process and outcome measures related to the quality of care provided or how the health care system improves its performance; (H) a description of how the grantee will develop an advisory group made up of representatives of the communities to be served to provide guidance to the grantee to best meet community need; and (I) other such information as the Director determines to be appropriate. (e) Small rural health care provider quality improvement grants (1) Grants The Director may award grants to provide for the planning and implementation of small rural health care provider quality improvement activities. The Director may award the grants for periods of 1 to 3 years. (2) Eligibility To be eligible for a grant under this subsection, an entity— (A) shall be— (i) a rural public or rural nonprofit private health care provider or provider of health care services, such as a rural health clinic; or (ii) another rural provider or network of small rural providers identified by the Director as a key source of local care; and (B) shall not previously have received a grant under this subsection for the same or a similar project. (3) Preference In awarding grants under this subsection, the Director shall give preference to facilities that qualify as rural health clinics under title XVIII of the Social Security Act. (4) Applications To be eligible to receive a grant under this subsection, an eligible entity shall prepare and submit to the Director an application at such time, in such manner, and containing such information as the Director may require, including— (A) a description of the project that the eligible entity will carry out using the funds provided under the grant; (B) an explanation of the reasons why Federal assistance is required to carry out the project; (C) a description of the manner in which the project funded under the grant will assure continuous quality improvement in the provision of services by the entity; (D) a description of how the local community or region to be served will experience increased access to quality health care services as a result of the activities carried out by the entity; (E) a plan for sustaining the project after Federal support for the project has ended; (F) a description of how the project will be evaluated including process and outcome measures related to the quality of care provided; and (G) other such information as the Director determines to be appropriate. (f) General requirements (1) Prohibited uses of funds An entity that receives a grant under this section may not use funds provided through the grant— (A) to build or acquire real property; or (B) for construction. (2) Coordination with other agencies The Director shall coordinate activities carried out under grant programs described in this section, to the extent practicable, with Federal and State agencies and nonprofit organizations that are operating similar grant programs, to maximize the effect of public dollars in funding meritorious proposals. (g) Report Not later than September 30, 2016, the Secretary shall prepare and submit to the appropriate committees of Congress a report on the progress and accomplishments of the grant programs described in subsections (b), (c), (d), and (e). (h) Definitions In this section: (1) The term Delta Region has the meaning given to the term region in section 382A of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2009aa ). (2) The term Director means the Director of the Office of Rural Health Policy of the Health Resources and Services Administration. (i) Authorization of appropriations There are authorized to be appropriated to carry out this section $40,000,000 for fiscal year 2015, and such sums as may be necessary for each of fiscal years 2016 through 2019. . 427. Community health center collaborative access expansion Section 330 of the Public Health Service Act ( 42 U.S.C. 254b ) is amended by adding at the end the following: (t) Miscellaneous Provisions (1) Rule of construction with respect to rural health clinics Nothing in this section shall be construed to prevent a community health center from contracting with a federally certified rural health clinic (as defined by section 1861(aa)(2) of the Social Security Act ) for the delivery of primary health care and other mental, dental, and physical health services that are available at the rural health clinic to individuals who would otherwise be eligible for free or reduced cost care if that individual were able to obtain that care at the community health center. Such services may be limited in scope to those primary health care and other mental, dental, and physical health services available in that rural health clinic. (2) Enabling services To the extent possible, enabling services such as transportation and translation assistance shall be provided by rural health clinics described in paragraph (1). (3) Assurances In order for a rural health clinic to receive funds under this section through a contract with a community health center for the delivery of primary health care and other services described in paragraph (1), such rural health clinic shall establish policies to ensure— (A) nondiscrimination based upon the ability of a patient to pay; (B) the establishment of a sliding fee scale for low-income patients; and (C) any such services should be subject to full reimbursement according to the Prospective Payment System scale. . 428. Facilitating the provision of telehealth services across State lines (a) In general For purposes of expediting the provision of telehealth services, for which payment is made under the Medicare Program, across State lines, the Secretary of Health and Human Services shall, in consultation with representatives of States, physicians, health care practitioners, and patient advocates, encourage and facilitate the adoption of provisions allowing for multistate practitioner practice across State lines. (b) Definitions In subsection (a): (1) Telehealth service The term telehealth service has the meaning given that term in subparagraph (F) of section 1834(m)(4) of the Social Security Act ( 42 U.S.C. 1395m(m)(4) ). (2) Physician, practitioner The terms physician and practitioner have the meaning given those terms in subparagraphs (D) and (E), respectively, of such section. (3) Medicare program The term Medicare Program means the program of health insurance administered by the Secretary of Health and Human Services under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ). 429. Scoring of preventive health savings Section 202 of the Congressional Budget and Impoundment Control Act of 1974 ( 2 U.S.C. 602 ) is amended by adding at the end the following new subsection: (h) Scoring of preventive health savings (1) Determination by the Director Upon a request by the chairman or ranking minority member of the Committee on the Budget of the Senate, or by the chairman or ranking minority member of the Committee on the Budget of the House of Representatives, the Director shall determine if a proposed measure would result in reductions in budget outlays in budgetary outyears through the use of preventive health and preventive health services. (2) Projections If the Director determines that a measure would result in substantial reductions in budget outlays as described in paragraph (1), the Director— (A) shall include, in any projection prepared by the Director, a description and estimate of the reductions in budget outlays in the budgetary outyears and a description of the basis for such conclusions; and (B) may prepare a budget projection that includes some or all of the budgetary outyears, notwithstanding the time periods for projections described in subsection (e) and sections 308, 402, and 424. (3) Definitions As used in this subsection— (A) the term preventive health means an action that focuses on the health of the public, individuals, and defined populations in order to protect, promote, and maintain health, wellness, and functional ability, and prevent disease, disability, and premature death that is demonstrated by credible and publicly available epidemiological projection models, incorporating clinical trials or observational studies in humans, to avoid future health care costs; and (B) the term budgetary outyears means the 2 consecutive 10-year periods beginning with the first fiscal year that is 10 years after the budget year provided for in the most recently agreed to concurrent resolution on the budget. . 430. Sense of Congress It is the sense of the Congress that— (1) the maintenance of effort provisions added to sections 1902 and 2105(d) of the Social Security Act by sections 2001(b) and 2101(b) of the Patient Protection and Affordable Care Act were written to maintain the eligibility standards for the Medicaid program under title XIX of the Social Security Act and Children’s Health Insurance Program under title XXI of such Act until the American Health Benefit Exchanges in the States are fully operational; (2) it is imperative that the maintenance of effort provisions are enforced to the strict standard intended by the Congress; (3) waiving the maintenance of effort provisions should not be permitted, except in the case of a request for a waiver that meets the explicit nonapplication requirements; (4) the maintenance of effort provisions ensure the continued success of the Medicaid program and Children’s Health Insurance Program and were written deliberately to specifically protect vulnerable and disabled individuals, children, and senior citizens, many of whom are also members of communities of color; and (5) the maintenance of effort provisions must be strictly enforced and proposals to weaken the maintenance of effort provisions must not be considered. 431. Repeal of requirement for documentation evidencing citizenship or nationality under the Medicaid program (a) Repeal Subsections (i)(22) and (x) of section 1903 of the Social Security Act ( 42 U.S.C. 1396b ) are each repealed. (b) Conforming amendments (1) Section 1902 of the Social Security Act ( 42 U.S.C. 1396a ) is amended— (A) by amending paragraph (46) of subsection (a) to read as follows: (46) provide that information is requested and exchanged for purposes of income and eligibility verification in accordance with a State system which meets the requirements of section 1137 of this Act; ; (B) in subsection (e)(13)(A)(i)— (i) in the matter preceding subclause (I), by striking sections 1902(a)(46)(B) and 1137(d) and inserting section 1137(d) ; and (ii) in subclause (IV), by striking 1902(a)(46)(B) or ; and (C) by striking subsection (ee). (2) Section 1903 of the Social Security Act ( 42 U.S.C. 1396b ) is amended— (A) in subsection (i), by redesignating paragraphs (23) through (26) as paragraphs (22) through (25), respectively; and (B) by redesignating subsections (y) and (z) as subsections (x) and (y), respectively. (3) Subsection (c) of section 6036 of the Deficit Reduction Act of 2005 ( 42 U.S.C. 1396b note) is repealed. (c) Effective date The repeals and amendments made by this section shall take effect as if included in the enactment of the Deficit Reduction Act of 2005. 432. Office of Minority Health in Veterans Health Administration of Department of Veterans Affairs (a) Establishment and functions Subchapter I of chapter 73 of title 38, United States Code, is amended by adding at the end the following new section: 7310. Office of Minority Health (a) Establishment There is established in the Department within the Office of the Under Secretary for Health an office to be known as the Office of Minority Health (in this section referred to as the Office ). (b) Head The Director of the Office of Minority Health shall be the head of the Office. The Director of the Office of Minority Health shall be appointed by the Under Secretary of Health from among individuals qualified to perform the duties of the position. (c) Functions The functions of the Office are as follows: (1) To establish short-range and long-range goals and objectives and coordinate all other activities within the Veterans Health Administration that relate to disease prevention, health promotion, health care services delivery, and health care research concerning veterans who are members of a racial or ethnic minority group. (2) To support research, demonstrations, and evaluations to test new and innovative models for the discharge of activities described in paragraph (1). (3) To increase knowledge and understanding of health risk factors for veterans who are members of a racial or ethnic minority group. (4) To develop mechanisms that support better health care information dissemination, education, prevention, and services delivery to veterans from disadvantaged backgrounds, including veterans who are members of a racial or ethnic minority group. (5) To enter into contracts or agreements with appropriate public and nonprofit private entities to develop and carry out programs to provide bilingual or interpretive services to assist veterans who are members of a racial or ethnic minority group and who lack proficiency in speaking the English language in accessing and receiving health care services through the Veterans Health Administration. (6) To carry out programs to improve access to health care services through the Veterans Health Administration for veterans with limited proficiency in speaking the English language, including the development and evaluation of demonstration and pilot projects for that purpose. (7) To advise the Under Secretary of Health on matters relating to the development, implementation, and evaluation of health professions education in decreasing disparities in health care outcomes between veterans who are members of a racial or ethnic minority group and other veterans, including cultural competency as a method of eliminating such health disparities. (8) To perform such other functions and duties as the Secretary or the Under Secretary for Health considers appropriate. (d) Definitions In this section: (1) The term racial or ethnic minority group means the following: (A) American Indians (including Alaska Natives, Eskimos, and Aleuts). (B) Asian-Americans. (C) Native Hawaiians and other Pacific Islanders. (D) Blacks. (E) Hispanics. (2) The term Hispanic means individuals whose origin is Mexican, Puerto Rican, Cuban, Central or South American, or any other Spanish-speaking country. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7309 the following new item: 7310. Office of Minority Health. . 433. Indian defined in PPACA (a) Definition of Indian Section 1304 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18024 ) is amended by adding at the end the following: (f) Indian (1) In general In this title, the term Indian means any individual— (A) described in paragraph (13) or (28) of section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603); (B) who is eligible for health services provided by the Indian Health Service under section 809 of the Indian Health Care Improvement Act ( 25 U.S.C. 1679 ); (C) who is of Indian descent and belongs to the Indian community served by the local facilities and program of the Indian Health Service; or (D) who is described in paragraph (2). (2) Included individuals The following individuals shall be considered to be an Indian : (A) A member of a federally recognized Indian tribe. (B) A resident of an urban center who meets 1 or more of the following 4 criteria: (i) Membership in a tribe, band, or other organized group of Indians, including those tribes, bands, or groups terminated since 1940 and those recognized as of the date of enactment of the Health Equity and Accountability Act of 2014 or later by the State in which they reside, or being a descendant, in the first or second degree, of any such member. (ii) Is an Eskimo or Aleut or other Alaska Native. (iii) Is considered by the Secretary of the Interior to be an Indian for any purpose. (iv) Is determined to be an Indian under regulations promulgated by the Secretary. (C) An individual who is considered by the Secretary of the Interior to be an Indian for any purpose. (D) An individual who is considered by the Secretary to be an Indian for purposes of eligibility for Indian health care services, including as a California Indian, Eskimo, Aleut, or other Alaska Native. . (b) Conforming amendments (1) Affordable choices health benefit plans Section 1311(c)(6)(D) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031(c)(6)(D) ) is amended by striking section 4 of the Indian Health Care Improvement Act and inserting section 1304(f) . (2) Reduced cost-sharing for individuals enrolling in qualified health plans Section 1402(d) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071(d) ) is amended— (A) in paragraph (1), in the matter preceding subparagraph (A), by striking section 4(d) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b(d) ) and inserting section 1304(f) ; and (B) in paragraph (2), in the matter preceding subparagraph (A), by striking (as so defined) and inserting (as defined in section 1304(f)) . (3) Exemption from penalty for not maintaining minimum essential coverage Section 5000A(e) of the Internal Revenue Code of 1986 is amended by striking paragraph (3) and inserting the following: (3) Indians Any applicable individual who is an Indian (as defined in section 1304(f) of the Patient Protection and Affordable Care Act). . 434. Study of DSH payments to ensure hospital access for low-income patients (a) In general Not later than January 1, 2016, the Comptroller General of the United States shall conduct a study on how certain amendments made by the Patient Protection and Affordable Care Act ( Public Law 111–148 ) to titles XVIII and XIX of the Social Security Act affect the timely access to health care services for low-income patients. Such study shall— (1) evaluate and examine whether States electing to make medical assistance available under section 1902(a)(10)(A)(i)(VIII) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(i)(VIII)) (including States making such an election through a waiver of the State plan) to individuals described in such section mitigates the need for payments to disproportionate share hospitals under section 1886(d)(5)(F) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(F)) and section 1923 of such Act ( 42 U.S.C. 1396r–4 ), including the impact of such States electing to make medical assistance available to such individuals on— (A) the number of individuals in the United States who are without health insurance and the distribution of such individuals in relation to areas primarily served by disproportionate share hospitals; and (B) the low-income utilization rate of such hospitals and the resulting fiscal sustainability of such hospitals; (2) evaluate the appropriate level and distribution of such payments among disproportionate hospitals for purposes of— (A) sufficiently accounting for the level of uncompensated care provided by such hospitals to low-income patients; and (B) providing timely access to health services for individuals in medically underserved areas; and (3) assess, with respect to disproportionate hospitals— (A) the role played by such hospitals in providing critical access to emergency, inpatient, and outpatient health services, as well as the location of such hospitals in relation to medically underserved areas; and (B) the extent to which such hospitals satisfy the requirements established for charitable hospital organizations under section 501(r) of the Internal Revenue Code of 1986 with respect to community health needs assessments, financial assistance policy requirements, limitations on charges, and billing and collection requirements. (b) Reports (1) Report to Congress Not later than 180 days after the date on which the study under subsection (a) is completed, the Comptroller General of the United States shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report that contains— (A) the results of the study; (B) recommendations to Congress for any legislative changes to the payments to disproportionate share hospitals under section 1886(d)(5)(F) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(F)) and section 1923 of such Act ( 42 U.S.C. 1396r–4 ) that are needed to ensure access to health services for low-income patients that— (i) are based on the number of individuals without health insurance, the amount of uncompensated care provided by such hospitals, and the impact of reduced payments levels on low-income communities; and (ii) takes into account any reports submitted by the Secretary of the Treasury, in consultation with the Secretary of Health and Human Services, to Congressional committees regarding the costs incurred by charitable hospital organizations for charity care, bad debt, nonreimbursed expenses for services provided to individuals under the Medicare Program under title XVIII of the Social Security Act and the Medicaid Program under title XIX of such Act, and any community benefit activities provided by such organizations. (2) Report to the Secretary of Health and Human Services Not later than 180 days after the date on which the study under subsection (a) is completed, the Comptroller General of the United States shall submit to the Secretary of Health and Human Services a report that contains— (A) the results of the study; and (B) any recommendations for purposes of assisting in the development of the methodology for the adjustment of payments to disproportionate share hospitals, as required under section 1886(r) of the Social Security Act ( 42 U.S.C. 1395ww(r) ) and the reduction of such payments section 1923(f)(7) of such Act (42 U.S.C. 1396r–4(f)(7)), taking into account the reports referred to in paragraph (1)(B)(ii). 435. Assistant Secretary of the Indian Health Service (a) References Any reference in a law, regulation, document, paper, or other record of the United States to the Director of the Indian Health Service shall be deemed to be a reference to the Assistant Secretary of the Indian Health Service. (b) Executive Schedule Section 5315 of title 5, United States Code, is amended in the matter relating to the Assistant Secretaries of Health and Human Services by striking (6) and inserting (7), 1 of whom shall be the Assistant Secretary of the Indian Health Service . (c) Conforming amendment Section 5316 of title 5, United States Code, is amended by striking Director, Indian Health Service, Department of Health and Human Services. . 436. Reauthorization of the Native Hawaiian Health Care Improvement Act (a) Native Hawaiian health care systems Section 6(h)(1) of the Native Hawaiian Health Care Improvement Act ( 42 U.S.C. 11705(h)(1) ) is amended by striking may be necessary for fiscal years 1993 through 2019 and inserting are necessary . (b) Administrative grant for papa ola lokahi Section 7(b) of the Native Hawaiian Health Care Improvement Act ( 42 U.S.C. 11706(b) ) is amended by striking may be necessary for fiscal years 1993 through 2019 and inserting are necessary . (c) Native Hawaiian health scholarships Section 10(c) of the Native Hawaiian Health Care Improvement Act ( 42 U.S.C. 11709(c) ) is amended by striking may be necessary for fiscal years 1993 through 2019 and inserting are necessary . V IMPROVING HEALTH OUTCOMES FOR WOMEN, CHILDREN, AND FAMILIES 501. Grants to promote positive health behaviors in women and children Part Q of title III of the Public Health Service Act ( 42 U.S.C. 280g et seq. ) is amended by adding at the end the following: 399Z–2. Grants to promote positive health behaviors in women and children (a) Grants Authorized The Secretary, in collaboration with the Administrator of the Health Resources and Services Administration and other Federal officials determined appropriate by the Secretary, is authorized to award grants to eligible entities to promote positive health behaviors for women and children in target populations, especially racial and ethnic minority women and children in medically underserved communities. (b) Use of Funds Grants awarded pursuant to subsection (a) may be used to support the activities of community health workers, including such activities— (1) to educate and provide outreach regarding enrollment in health insurance including the State Children’s Health Insurance Program under title XXI of the Social Security Act , Medicare under title XVIII of such Act, and Medicaid under title XIX of such Act; (2) to educate, guide, and provide outreach in a community setting regarding health problems prevalent among women and children and especially among racial and ethnic minority women and children; (3) to educate, guide, and provide experiential learning opportunities that target risk factors that impede achieving healthy behaviors and good health outcomes, including— (A) poor nutrition; (B) physical inactivity; (C) being overweight or obese; (D) tobacco use; (E) alcohol and substance use; (F) injury and violence; (G) risky sexual behavior; (H) mental health problems; (I) musculoskeletal health and arthritis; (J) dental and oral health problems; (K) understanding informed consent; and (L) stigma; (4) to educate and guide regarding effective strategies to promote positive health behaviors within the family; (5) to promote community wellness and awareness; and (6) to educate and refer target populations to appropriate health care agencies and community-based programs and organizations in order to increase access to quality health care services, including preventive health services. (c) Application (1) In general Each eligible entity that desires to receive a grant under subsection (a) shall submit an application to the Secretary, at such time, in such manner, and accompanied by such additional information as the Secretary may require. (2) Contents Each application submitted pursuant to paragraph (1) shall— (A) describe the activities for which assistance under this section is sought; (B) contain an assurance that, with respect to each community health worker program receiving funds under the grant awarded, such program provides in-language training and supervision to community health workers to enable such workers to provide authorized program activities in (at least) the most commonly used languages within a particular geographic region; (C) contain an assurance that the applicant will evaluate the effectiveness of community health worker programs receiving funds under the grant; (D) contain an assurance that each community health worker program receiving funds under the grant will provide culturally competent services in the linguistic context most appropriate for the individuals served by the program; (E) contain a plan to document and disseminate project descriptions and results to other States and organizations as identified by the Secretary; and (F) describe plans to enhance the capacity of individuals to utilize health services and health-related social services under Federal, State, and local programs by— (i) assisting individuals in establishing eligibility under the programs and in receiving the services or other benefits of the programs; and (ii) providing other services, as the Secretary determines to be appropriate, which may include transportation and translation services. (d) Priority In awarding grants under subsection (a), the Secretary shall give priority to those applicants— (1) who propose to target geographic areas that— (A) (i) have a high percentage of residents who are uninsured or underinsured (if the targeted geographic area is located in a State that has elected to make medical assistance available under section 1902(a)(10)(A)(i)(VIII) of the Social Security Act to individuals described in such section); or (ii) have a high percentage of underinsured residents in a particular geographic area (if the targeted geographic area is located in a State that has not so elected); and (B) have a high percentage of families for whom English is not their primary language or including smaller limited-English-proficient communities within the region that are not otherwise reached by linguistically appropriate health services; (2) with experience in providing health or health-related social services to individuals who are underserved with respect to such services; and (3) with documented community activity and experience with community health workers. (e) Collaboration With Academic Institutions The Secretary shall encourage community health worker programs receiving funds under this section to collaborate with academic institutions, including minority-serving institutions. Nothing in this section shall be construed to require such collaboration. (f) Quality Assurance and Cost Effectiveness The Secretary shall establish guidelines for ensuring the quality of the training and supervision of community health workers under the programs funded under this section and for ensuring the cost effectiveness of such programs. (g) Monitoring The Secretary shall monitor community health worker programs identified in approved applications and shall determine whether such programs are in compliance with the guidelines established under subsection (f). (h) Technical Assistance The Secretary may provide technical assistance to community health worker programs identified in approved applications with respect to planning, developing, and operating programs under the grant. (i) Report to Congress (1) In general Not later than 4 years after the date on which the Secretary first awards grants under subsection (a), the Secretary shall submit to Congress a report regarding the grant project. (2) Contents The report required under paragraph (1) shall include the following: (A) A description of the programs for which grant funds were used. (B) The number of individuals served. (C) An evaluation of— (i) the effectiveness of these programs; (ii) the cost of these programs; and (iii) the impact of the project on the health outcomes of the community residents. (D) Recommendations for sustaining the community health worker programs developed or assisted under this section. (E) Recommendations regarding training to enhance career opportunities for community health workers. (j) Definitions In this section: (1) Community health worker The term community health worker means an individual who promotes health or nutrition within the community in which the individual resides— (A) by serving as a liaison between communities and health care agencies; (B) by providing guidance and social assistance to community residents; (C) by enhancing community residents’ ability to effectively communicate with health care providers; (D) by providing culturally and linguistically appropriate health or nutrition education; (E) by advocating for individual and community health, including dental, oral, mental, and environmental health, or nutrition needs; (F) by taking into consideration the needs of the communities served, including the prevalence rates of risk factors that impede achieving healthy behaviors and good health outcomes among women and children, especially among racial and ethnic minority women and children; and (G) by providing referral and followup services. (2) Community setting The term community setting means a home or a community organization that serves a population. (3) Eligible entity The term eligible entity means— (A) a unit of State, territorial, local, or tribal government (including a federally recognized tribe or Alaska Native village); or (B) a community-based organization. (4) Medically underserved community The term medically underserved community means a community— (A) that has a substantial number of individuals who are members of a medically underserved population, as defined by section 330(b)(3); (B) a significant portion of which is a health professional shortage area as designated under section 332; and (C) that includes populations that are linguistically isolated, such as geographic areas with a shortage of health professionals able to provide linguistically appropriate services. (5) Support The term support means the provision of training, supervision, and materials needed to effectively deliver the services described in subsection (b), reimbursement for services, and other benefits. (6) Target population The term target population means women of reproductive age, regardless of their current childbearing status and children under 21 years of age. (k) Authorization of Appropriations There are authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2015 through 2019. . 502. Removing barriers to health care and nutrition assistance for children, pregnant women, and lawfully present individuals (a) Medicaid Section 1903(v) of the Social Security Act ( 42 U.S.C. 1396b(v) ) is amended by striking paragraph (4) and inserting the following new paragraph: (4) (A) Notwithstanding sections 401(a), 402(b), 403, and 421 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 and paragraph (1), payment shall be made to a State under this section for medical assistance furnished to an alien under this title (including an alien described in such paragraph) who meets any of the following conditions: (i) The alien is otherwise eligible for such assistance under the State plan approved under this title (other than the requirement of the receipt of aid or assistance under title IV, supplemental security income benefits under title XVI, or a State supplementary payment) within either or both of the following eligibility categories: (I) Children under 21 years of age, including any optional targeted low-income child (as such term is defined in section 1905(u)(2)(B)). (II) Pregnant women during pregnancy and during the 60-day period beginning on the last day of the pregnancy. (ii) The alien is lawfully present in the United States. (B) No debt shall accrue under an affidavit of support against any sponsor of an alien who meets the conditions specified in subparagraph (A) on the basis of the provision of medical assistance to such alien under this paragraph and the cost of such assistance shall not be considered as an unreimbursed cost. . (b) SCHIP Subparagraph (J) of section 2107(e)(1) of the Social Security Act ( 42 U.S.C. 1397gg(e)(1) ) is amended to read as follows: (J) Paragraph (4) of section 1903(v) (relating to coverage of categories of children, pregnant women, and other lawfully present individuals). . (c) Supplemental nutrition assistance Notwithstanding sections 401(a), 402(a), and 403(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1611(a) ; 1612(a); 1613(a)) and section 6(f) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(f)), persons who are lawfully present in the United States shall be not be ineligible for benefits under the supplemental nutrition assistance program on the basis of their immigration status or date of entry into the United States. (d) Eligibility for families with children Section of the 421(d)(3) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1631(d)(3) ) is amended by striking to the extent that a qualified alien is eligible under section 402(a)(2)(J) and inserting, to the extent that a child is a member of a household under the supplemental nutrition assistance program . (e) Ensuring proper screening Section 11(e)(2)(B) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2020(e)(2)(B) ) is amended— (1) by redesignating clauses (vi) and (vii) as clauses (vii) and (viii); and (2) by inserting after clause (v) the following: (vi) shall provide a method for implementing section 421 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1631 ) that does not require any unnecessary information from persons who may be exempt from that provision; . 503. Repeal of denial of benefits Section 115 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (21 U.S.C. 862a) is amended— (1) in subsection (a) by striking paragraph (2); (2) in subsection (b) by striking paragraph (2); and (3) in subsection (e) by striking paragraph (2). 504. Birth defects prevention, risk reduction, and awareness (a) In general The Secretary shall establish and implement a birth defects prevention and public awareness program, consisting of the activities described in subsections (c) and (d). (b) Definitions In this section: (1) The term pregnancy and breastfeeding information services includes only— (A) information services to provide accurate, evidence-based, clinical information regarding maternal exposures during pregnancy that may be associated with birth defects or other health risks, such as exposures to medications, chemicals, infections, foodborne pathogens, illnesses, nutrition, or lifestyle factors; (B) information services to provide accurate, evidence-based, clinical information regarding maternal exposures during breastfeeding that may be associated with health risks to a breast-fed infant, such as exposures to medications, chemicals, infections, foodborne pathogens, illnesses, nutrition, or lifestyle factors; (C) the provision of accurate, evidence-based information weighing risks of exposures during breastfeeding against the benefits of breastfeeding; and (D) the provision of information described in subparagraph (A), (B), or (C) through counselors, Web sites, fact sheets, telephonic or electronic communication, community outreach efforts, or other appropriate means. (2) The term Secretary means the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention. (c) Nationwide media campaign In carrying out subsection (a), the Secretary shall conduct or support a nationwide media campaign to increase awareness among health care providers and at-risk populations about pregnancy and breastfeeding information services. (d) Grants for pregnancy and breastfeeding information services (1) In general In carrying out subsection (a), the Secretary shall award grants to State or regional agencies or organizations for any of the following: (A) Information services The provision of, or campaigns to increase awareness about, pregnancy and breastfeeding information services. (B) Surveillance and research The conduct or support of— (i) surveillance of or research on— (I) maternal exposures and maternal health conditions that may influence the risk of birth defects, prematurity, or other adverse pregnancy outcomes; and (II) maternal exposures that may influence health risks to a breastfed infant; or (ii) networking to facilitate surveillance or research described in this subparagraph. (2) Preference for certain States The Secretary, in making any grant under this subsection, shall give preference to States, otherwise equally qualified, that have or had a pregnancy and breastfeeding information service in place on or after January 1, 2006. (3) Matching funds The Secretary may only award a grant under this subsection to a State or regional agency or organization that agrees, with respect to the costs to be incurred in carrying out the grant activities, to make available (directly or through donations from public or private entities) non-Federal funds toward such costs in an amount equal to not less than 25 percent of the amount of the grant. (4) Coordination The Secretary shall ensure that activities funded through a grant under this subsection are coordinated, to the maximum extent practicable, with other birth defects prevention and environmental health activities of the Federal Government, including with respect to pediatric environmental health specialty units and children’s environmental health centers. (e) Evaluation In furtherance of the program under subsection (a), the Secretary shall provide for an evaluation of pregnancy and breastfeeding information services to identify efficient and effective models of— (1) providing information; (2) raising awareness and increasing knowledge about birth defects prevention measures and targeting education to at-risk groups; (3) modifying risk behaviors; or (4) other outcome measures as determined appropriate by the Secretary. (f) Authorization of appropriations To carry out this section, there are authorized to be appropriated $5,000,000 for fiscal year 2015, $6,000,000 for fiscal year 2016, $7,000,000 for fiscal year 2017, $8,000,000 for fiscal year 2018, and $9,000,000 for fiscal year 2019. 505. Uniform State maternal mortality review committees on pregnancy-related deaths (a) In general Title V of the Social Security Act ( 42 U.S.C. 701 et seq. ) is amended by adding at the end the following new section: 514. Uniform State maternal mortality review committees on pregnancy-related deaths (a) Grants (1) In general Notwithstanding any other provision of this title, for each of fiscal years 2015 through 2021, in addition to payments from allotments for States under section 502 for such year, the Secretary shall, subject to paragraph (3) and in accordance with the criteria established under paragraph (2), award grants to States to— (A) carry out the activities described in subsection (b)(1); (B) establish a State maternal mortality review committee, in accordance with subsection (b)(2), to carry out the activities described in subsection (b)(2)(A), and to establish the processes described in subsection (b)(1); (C) ensure the State department of health carries out the applicable activities described in subsection (b)(3), with respect to pregnancy-related deaths occurring within the State during such fiscal year; (D) implement and use the comprehensive case abstraction form developed under subsection (c), in accordance with such subsection; and (E) provide for public disclosure of information, in accordance with subsection (e). (2) Criteria The Secretary shall establish criteria for determining eligibility for and the amount of a grant awarded to a State under paragraph (1). Such criteria shall provide that in the case of a State that receives such a grant for a fiscal year and is determined by the Secretary to have not used such grant in accordance with this section, such State shall not be eligible for such a grant for any subsequent fiscal year. (3) Authorization of appropriations For purposes of carrying out the grant program under this section, including for administrative purposes, there is authorized to be appropriated $10,000,000 for each of fiscal years 2015 through 2021. (b) Pregnancy-Related death review (1) Review of pregnancy-related death and pregnancy-associated death cases For purposes of subsection (a), with respect to a State that receives a grant under subsection (a), the following shall apply: (A) Mandatory reporting of pregnancy-related deaths (i) In general The State shall, through the State maternal mortality review committee, develop a process, separate from any reporting process established by the State department of health prior to the date of the enactment of this section, that provides for mandatory and confidential case reporting by individuals and entities described in clause (ii) of pregnancy-related deaths to the State department of health. (ii) Individuals and Entities described Individuals and entities described in this clause include each of the following: (I) Health care providers. (II) Medical examiners. (III) Medical coroners. (IV) Hospitals. (V) Free-standing birth centers. (VI) Federally qualified health centers. (VII) Other health care facilities. (VIII) Any other individuals responsible for completing death certificates. (IX) Any other appropriate individuals or entities specified by the Secretary. (B) Voluntary reporting of pregnancy-related and pregnancy-associated deaths (i) The State shall, through the State maternal mortality review committee, develop a process for and encourage, separate from any reporting process established by the State department of health prior to the date of the enactment of this section, voluntary and confidential case reporting by individuals described in clause (ii) of pregnancy-associated deaths to the State department of health. (ii) The State shall, through the State maternal mortality review committee, develop a process for voluntary and confidential reporting by family members of the deceased and by other individuals on possible pregnancy-related and pregnancy-associated deaths to the State department of health. Such process shall include— (I) making publicly available on the Internet Web site of the State department of health a telephone number, Internet Web link, and email address for such reporting; and (II) publicizing to local professional organizations, community organizations, and social services agencies the availability of the telephone number, Internet Web link, and email address made available under subclause (I). (C) Development of case-finding The State, through the vital statistics unit of the State, shall annually identify pregnancy-related and pregnancy-associated deaths occurring in such State during the year involved by— (i) matching all death records, with respect to such year, for women of childbearing age to live birth certificates and infant death certificates to identify deaths of women that occurred during pregnancy and within one year after the end of a pregnancy; (ii) identifying deaths reported during such year as having an underlying or contributing cause of death related to pregnancy, regardless of the time that has passed between the end of the pregnancy and the death; (iii) collecting data from medical examiner and coroner reports; and (iv) any other methods the States may devise to identify maternal deaths, such as through review of a random sample of reported deaths of women of childbearing age to ascertain cases of pregnancy-related and pregnancy-associated deaths that are not discernable from a review of death certificates alone. When feasible and for purposes of effectively collecting and obtaining data on pregnancy-related and pregnancy-associated deaths, the State shall adopt the most recent standardized birth and death certificates, as issued by the National Center for Vital Health Statistics, including the recommended checkbox section for pregnancy on the death certificates. (D) Case investigation and development of case summaries Following receipt of reports by the State department of health pursuant to subparagraph (A) or (B) and collection by the vital statistics unit of the State of possible cases of pregnancy-related and pregnancy-associated deaths pursuant to subparagraph (C), the State, through the State maternal mortality review committee established under subsection (a), shall investigate each case, utilizing the case abstraction form described in subsection (c), and prepare de-identified case summaries, which shall be reviewed by the committee and included in applicable reports. For purposes of subsection (a), under the processes established under subparagraphs (A), (B), and (C), a State department of health or vital statistics unit of a State shall provide to the State maternal mortality review committee access to information collected pursuant to such subparagraphs as necessary to carry out this subparagraph. Data and information collected for the case summary and review are for purposes of public health activities, in accordance with HIPAA privacy and security law (as defined in section 3009(a)(2) of the Public Health Service Act). Such case investigations shall include data and information obtained through— (i) medical examiner and autopsy reports of the woman involved; (ii) medical records of the woman, including such records related to health care prior to pregnancy, prenatal and postnatal care, labor and delivery care, emergency room care, hospital discharge records including immunization status and screening status for prevalent diseases, and any care delivered up until the time of death of the woman for purposes of public health activities, in accordance with HIPAA privacy and security law (as defined in section 3009(a)(2) of the Public Health Service Act); (iii) oral and written interviews of individuals directly involved in the maternal care of the woman during and immediately following the pregnancy of the woman, including health care, mental health, and social service providers in-language when possible, as applicable; (iv) optional oral or written interviews of the family of the woman; (v) socioeconomic and other relevant background information about the woman; (vi) information collected in subparagraph (C)(i); and (vii) other information on the cause of death of the woman, such as social services and child welfare reports, including experiences with intimate partner violence. (2) State maternal mortality review committees (A) Duties (i) Required committee activities For purposes of subsection (a), a maternal mortality review committee established by a State pursuant to a grant under such subsection shall carry out the following pregnancy-related death and pregnancy-associated death review activities and shall include all information relevant to the death involved on the case abstraction form developed under subsection (d): (I) With respect to a case of pregnancy-related or pregnancy-associated death of a woman, review the case summaries prepared under subparagraphs (A), (B), (C), and (D) of paragraph (1). (II) Review aggregate statistical reports developed by the vital statistics unit of the State under paragraph (1)(C) regarding pregnancy-related and pregnancy-associated deaths to identify trends, patterns, and disparities in adverse outcomes and address medical, nonmedical, and system-related factors that may have contributed to such pregnancy-related and pregnancy-associated deaths and disparities. (III) Develop recommendations, based on the review of the case summaries under paragraph (1)(D) and aggregate statistical reports under subclause (II), to improve maternal care, social and health services, and public health policy and institutions, including with respect to improving access to maternal care, improving the availability of social services, and eliminating disparities in maternal care and outcomes. (ii) Optional committee activities For purposes of subsection (a), a maternal mortality review committee established by a State under such subsection may present findings and recommendations regarding a specific case or set of circumstances directly to a health care facility or its local or State professional organization for the purpose of instituting policy changes, educational activities, or otherwise improving the quality of care provided by the facilities. (B) Composition of maternal mortality review committees (i) In General Each State maternal mortality review committee established pursuant to a grant under subsection (a) shall be multidisciplinary, consisting of health care, behavioral health, and social service providers, public health officials, other persons with professional expertise on maternal health and mortality, and patient and community advocates who represent those communities within such State that are the most affected by maternal mortality. Membership on such a committee of a State shall be reviewed annually by the State department of health to ensure that membership representation requirements are being fulfilled in accordance with this paragraph. (ii) Required membership Each such review committee shall include— (I) representatives from medical specialties providing care to pregnant and postpartum patients, including obstetricians (including generalists and maternal fetal medicine specialists), and family practice physicians; (II) representatives from midwifery specialties (including certified professional midwives and certified midwives); (III) advanced practice nurses; (IV) hospital-based nurses; (V) representatives of the State department of health maternal and child health department; (VI) social service providers or social workers; (VII) the chief medical examiners or designees; (VIII) facility representatives, such as from hospitals or free-standing birth centers; and (IX) community or patient advocates who represent those communities within the State that are the most affected by maternal mortality. (iii) Additional members Each such review committee may also include representatives from other relevant academic, health, social service, or policy professions, or community organizations, on an ongoing basis, or as needed, as determined beneficial by the review committee, including— (I) anesthesiologists; (II) emergency physicians; (III) pathologists; (IV) epidemiologists or biostatisticians; (V) intensivists; (VI) orthopedic surgeons and/or orthopedic physicians; (VII) vital statistics officers; (VIII) nutritionists; (IX) mental health professionals; (X) substance abuse treatment specialists; (XI) representatives of relevant advocacy groups; (XII) academics; (XIII) representatives of beneficiaries of the State plan under the Medicaid Program under title XIX; (XIV) paramedics; (XV) lawyers; (XVI) risk management specialists; (XVII) representatives of the departments of health or public health of major cities in the State involved; and (XVIII) policymakers. (iv) Diverse community membership The composition of such a committee, with respect to a State, shall include— (I) representatives from diverse communities, particularly those communities within such State most severely affected by pregnancy-related deaths or pregnancy-associated deaths and by a lack of access to relevant maternal care services, from community maternal child health organizations, and from minority advocacy groups; (II) members, including health care providers, from different geographic regions in the State, including any rural, urban, and tribal areas; and (III) health care and social service providers who work in communities that are diverse with regard to race, ethnicity, immigration status, indigenous status, and English proficiency. (v) Maternal mortality review staff Staff of each such review committee shall include— (I) vital health statisticians, maternal child health statisticians, or epidemiologists; (II) a coordinator of the State maternal mortality review committee, to be designated by the State; and (III) administrative staff. (C) Option for States to form regional maternal mortality reviews States with a low rate of occurrence of pregnancy-associated or pregnancy-related deaths may choose to partner with one or more neighboring States to fulfill the activities described in paragraph (1)(C). In such a case, with respect to States in such a partnership, any requirement under this section relating to the reporting of information related to such activities shall be deemed to be fulfilled by each such State if a single such report is submitted for the partnership. (3) State Department of Health Activities For purposes of subsection (a), a State department of health of a State receiving a grant under such subsection shall— (A) in consultation with the maternal mortality review committee of the State and in conjunction with relevant professional organizations, develop a plan for ongoing health care provider education, based on the findings and recommendations of the committee, in order to improve the quality of maternal care; and (B) take steps to widely disseminate the findings and recommendations of the State maternal mortality review committees of the State and to implement the recommendations of such committee. (c) Case abstraction form (1) Development The Director of the Centers for Disease Control and Prevention shall develop a uniform, comprehensive case abstraction form and make such form available to States for State maternal mortality review committees for use by such committees in order to— (A) ensure that the cases and information collected and reviewed by such committees can be pooled for review by the Department of Health and Human Services and its agencies; and (B) preserve the uniformity of the information and its use for Federal public health purposes. (2) Permissible State modification Each State may modify the form developed under paragraph (1) for implementation and use by such State or by the State maternal mortality review committee of such State by including on such form additional information to be collected, but may not alter the standard questions on such form, in order to ensure that the information can be collected and reviewed centrally at the Federal level. (d) Treatment as public health authority for purposes of HIPAA For purposes of applying HIPAA privacy and security law (as defined in section 3009(a)(2) of the Public Health Service Act), a State maternal mortality review committee of a State established pursuant to this section to carry out activities described in subsection (b)(2)(A) shall be deemed to be a public health authority described in section 164.501 (and referenced in section 164.512(b)(1)(i)) of title 45, Code of Federal Regulations (or any successor regulation), carrying out public health activities and purposes described in such section 164.512(b)(1)(i) (or any such successor regulation). (e) Public disclosure of information (1) In general For fiscal year 2015 or a subsequent fiscal year, each State receiving a grant under this section for such year shall, subject to paragraph (3), provide for the public disclosure, and submission to the information clearinghouse established under paragraph (2), of the information included in the report of the State under section 506(a)(2)(F) for such year (relating to the findings for such year of the State maternal mortality review committee established by the State under this section). (2) Information clearinghouse The Secretary of Health and Human Services shall establish an information clearinghouse, that shall be administered by the Director of the Centers for Disease Control and Prevention, that will maintain findings and recommendations submitted pursuant to paragraph (1) and provide such findings and recommendations for public review and research purposes by State health departments, maternal mortality review committees, and health providers and institutions. (3) Confidentiality of information In no case shall any individually identifiable health information be provided to the public, or submitted to the information clearinghouse, under paragraph (1). (f) Confidentiality of review committee proceedings (1) In general All proceedings and activities of a State maternal mortality review committee under this section, opinions of members of such a committee formed as a result of such proceedings and activities, and records obtained, created, or maintained pursuant to this section, including records of interviews, written reports, and statements procured by the Department of Health and Human Services or by any other person, agency, or organization acting jointly with the Department, in connection with morbidity and mortality reviews under this section, shall be confidential, and not subject to discovery, subpoena, or introduction into evidence in any civil, criminal, legislative, or other proceeding. Such records shall not be open to public inspection. (2) Testimony of members of committee (A) In general Members of a State maternal mortality review committee under this section may not be questioned in any civil, criminal, legislative, or other proceeding regarding information presented in, or opinions formed as a result of, a meeting or communication of the committee. (B) Clarification Nothing in this subsection shall be construed to prevent a member of such a committee from testifying regarding information that was obtained independent of such member’s participation on the committee, or that is public information. (3) Availability of information for research purposes Nothing in this subsection shall prohibit the publishing by such a committee or the Department of Health and Human Services of statistical compilations and research reports that— (A) are based on confidential information, relating to morbidity and mortality review; and (B) do not contain identifying information or any other information that could be used to ultimately identify the individuals concerned. (g) Definitions For purposes of this section: (1) The term pregnancy-associated death means the death of a woman while pregnant or during the one-year period following the date of the end of pregnancy, irrespective of the cause of such death. (2) The term pregnancy-related death means the death of a woman while pregnant or during the one-year period following the date of the end of pregnancy, irrespective of the duration or site of the pregnancy, from any cause related to or aggravated by the pregnancy or its management, but not from any accidental or incidental cause. (3) The term woman of childbearing age means a woman who is at least 10 years of age and not more than 54 years of age. . (b) Inclusion of findings of review committees in required reports (1) State triennial reports Paragraph (2) of section 506(a) of such Act ( 42 U.S.C. 706(a) ) is amended by inserting after subparagraph (E) the following new subparagraph: (F) In the case of a State receiving a grant under section 514, beginning for the first fiscal year beginning after 3 years after the date of establishment of the State maternal mortality review committee established by the State pursuant to such grant and once every 3 years thereafter, information containing the findings and recommendations of such committee and information on the implementation of such recommendations during the period involved. . (2) Annual reports to Congress Paragraph (3) of such section is amended— (A) in subparagraph (D), at the end, by striking and ; (B) in subparagraph (E), at the end, by striking the period and inserting ; and ; and (C) by adding at the end the following new subparagraph: (F) For fiscal year 2015 and each subsequent fiscal year, taking into account the findings, recommendations, and implementation information submitted by States pursuant to paragraph (2)(F), on the status of pregnancy-related deaths and pregnancy-associated deaths in the United States and including recommendations on methods to prevent such deaths in the United States. . 506. Eliminating disparities in maternity health outcomes Part B of title III of the Public Health Service Act is amended by inserting after section 317V, as added, the following new section: 317W. Eliminating disparities in maternity health outcomes (a) In general The Secretary (in consultation with the Deputy Assistant Secretary for Minority Health, the Director of the National Institutes of Health, the Director of the Centers for Disease Control and Prevention, the Administrator of the Centers for Medicare & Medicaid Services, and the Administrator of the Agency for Healthcare Research & Quality, and in consultation with relevant national stakeholder organizations such as national medical specialty organizations, national maternal child health organizations, national groups that represent minority populations, and national health disparity organizations) shall carry out the following activities to eliminate disparities in maternal health outcomes: (1) Conduct research into the determinants and the distribution of disparities in maternal care, health risks, and health outcomes, and improve the capacity of the performance measurement infrastructure to measure such disparities. (2) Expand access to services that have been demonstrated to improve the quality and outcomes of maternity care for vulnerable populations. (3) Establish a demonstration project to compare the effectiveness of interventions to reduce disparities in maternity services and outcomes, and implement and assess effective interventions. (b) Scope and selection of States for demonstration project The demonstration project under subsection (a)(3) shall be conducted in no more than 8 States, which shall be selected by the Secretary based on— (1) applications submitted by States, which specify which regions and populations the State involved will serve under the demonstration project; (2) criteria designed by the Secretary to ensure that, as a whole, the demonstration project is, to the greatest extent possible, representative of the demographic and geographic composition of communities most affected by disparities; (3) criteria designed by the Secretary to ensure that a variety of types of models are tested through the demonstration project and that such models include interventions that have an existing evidence base for effectiveness; and (4) criteria designed by the Secretary to assure that the demonstration projects and models will be carried out in consultation with local and regional provider organizations, such as community health centers, hospital systems, and medical societies representing providers of maternity services. (c) Duration of demonstration project The demonstration project under subsection (a)(3) shall begin on January 1, 2015, and end on December 31, 2019. (d) Grants for evaluation and monitoring The Secretary may make grants to States and health care providers participating in the demonstration project under subsection (a)(3) for the purpose of collecting data necessary for the evaluation and monitoring of such project. (e) Reports (1) State reports Each State that participates in the demonstration project under subsection (a)(3) shall report to the Secretary, in a time, form, and manner specified by the Secretary, the data necessary to— (A) monitor the— (i) outcomes of the project; (ii) costs of the project; and (iii) quality of maternity care provided under the project; and (B) evaluate the rationale for the selection of the items and services included in any bundled payment made by the State under the project. (2) Final report Not later than December 31, 2020, the Secretary shall submit to Congress a report on the results of the demonstration project under subsection (a)(3). . 507. Decreasing the risk factors for sudden unexpected infant death and sudden unexplained death in childhood (a) Establishment The Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration and in consultation with the Director of the Centers for Disease Control and Prevention and the Director of the National Institutes of Health (in this section referred to as the Secretary ), shall establish and implement a culturally competent public health awareness and education campaign to provide information that is focused on decreasing the risk factors for sudden unexpected infant death and sudden unexplained death in childhood, including educating individuals about safe sleep environments, sleep positions, and reducing exposure to smoking during pregnancy and after birth. (b) Targeted Populations The campaign under subsection (a) shall be designed to reduce health disparities through the targeting of populations with high rates of sudden unexpected infant death and sudden unexplained death in childhood. (c) Consultation In establishing and implementing the campaign under subsection (a), the Secretary shall consult with national organizations representing health care providers, including nurses and physicians, parents, child care providers, children's advocacy and safety organizations, maternal and child health programs, nutrition professionals focusing on women, infants, and children, and other individuals and groups determined necessary by the Secretary for such establishment and implementation. (d) Grants (1) In general In carrying out the campaign under subsection (a), the Secretary shall award grants to national organizations, State and local health departments, and community-based organizations for the conduct of education and outreach programs for nurses, parents, child care providers, public health agencies, and community organizations. (2) Application To be eligible to receive a grant under paragraph (1), an entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (e) Authorization of appropriations There is authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2015 through 2019. 508. Reducing unintended teenage pregnancies Title III of the Public Health Service Act ( 42 U.S.C. 241 et seq. ) is amended by adding at the end the following new part: W Youth Pregnancy Prevention Programs 399OO. Purpose It is the purpose of this part to develop and carry out research and demonstration projects on new and existing program interventions to provide youth in communities at disproportionate risk for unintended teen pregnancy (particularly youth in racial or ethnic minority or immigrant communities, youth in the foster care system, youth in the juvenile justice system, rural youth, and LGBT youth) the information and skills needed to prevent unintended teenage pregnancies, build healthy relationships, and improve overall health and well-being. 399OO–1. Limitation No Federal funds provided under this Act may be used for health education programs or media awareness campaigns that— (1) deliberately withhold life-saving information about the human immunodeficiency virus (HIV); (2) undermine young people’s confidence in the effectiveness of contraception; (3) are medically inaccurate or have been scientifically shown to be ineffective; (4) promote gender, racial, or ethnic stereotypes; (5) are insensitive and unresponsive to the needs of sexually active youth or LGBT youth; (6) are inconsistent with the ethical imperatives of medicine and public health; or (7) stigmatize and shame youth who are parenting or choose to parent. 399OO–2. Demonstration grants to reduce unintended teenage pregnancies (a) In general The Secretary shall award competitive grants to eligible entities for establishing or expanding programs to provide youth in communities at disproportionate risk for unintended teen pregnancy (particularly youth in racial or ethnic minority or immigrant communities, youth in the foster care system, youth in the juvenile justice system, rural youth, and LGBT youth) the information and skills needed to prevent unintended teenage pregnancy and develop healthy relationships. (b) Priority In awarding grants under this section, the Secretary shall give priority to applicants— (1) proposing to carry out projects in communities at disproportionate risk for unintended teen pregnancy (particularly youth in racial or ethnic minority or immigrant communities, youth in the foster care system, youth in the juvenile justice system, rural youth, and LGBT youth); (2) that have a demonstrated history of effectively working with such targeted communities; (3) that have a demonstrated history of engaging in a meaningful and significant partnership with such targeted communities; or (4) that have an integrated approach that also promotes the skills necessary to build healthy relationships and recognize abusive or unhealthy behaviors. (c) Program settings Programs funded through a grant under subsection (a) shall be provided— (1) through classroom-based settings, such as school health education, humanities, language arts, or family and consumer science education; after-school programs; community-based programs; workforce development programs; and health care settings, including community health centers; or (2) in collaboration with systems that serve large numbers of at-risk youth such as juvenile justice or foster care systems. (d) Project requirements As a condition of receipt of a grant under this section, an entity shall agree that, with respect to information and skills provided through the grant— (1) such information and skills will be— (A) age-appropriate; (B) evidence-based or evidence-informed; (C) provided in accordance with section 399OO–6(b); and (D) culturally sensitive and relevant to the target populations; and (2) any information provided about contraceptives shall include the health benefits and side effects of all contraceptives and barrier methods. (e) Evaluation Of the total amount made available to carry out this section for a fiscal year, the Secretary, acting through the Director of the Centers for Disease Control and Prevention and other agencies as appropriate, shall allot up to 10 percent of such amount to carry out a rigorous, independent evaluation to determine the extent and the effectiveness of activities funded through this section during such fiscal year in changing attitudes and behavior of teenagers with respect to healthy relationships and childbearing. (f) Grants for Indian tribes or tribal organizations Of the total amount made available to carry out this section for a fiscal year, the Secretary shall reserve 5 percent of such amount to award grants under this section to Indian tribes and tribal organizations in such manner, and subject to such requirements, as the Secretary, in consultation with Indian tribes and tribal organizations, determines appropriate. (g) Eligible entity defined (1) In general In this section, the term eligible entity means a State, local, or tribal agency; a school or postsecondary institution; an after-school program; a nonprofit organization; or a community or faith-based organization. (2) Preventing exclusion of smaller community-based organizations In carrying out this section, the Secretary shall ensure that the amounts and requirements of grants provided under this section do not preclude receipt of such grants by community-based organizations with a demonstrated history of effectively working with adolescents in racial or ethnic minority or immigrant communities or engaged in meaningful and significant partnership with such communities. 399OO–3. Multimedia campaigns to reduce unintended teenage pregnancies (a) In general The Secretary shall award competitive grants to public and private entities to carry out multimedia campaigns to provide public education and increase public awareness regarding unintended teenage pregnancy and related social and emotional issues, such as violence prevention. (b) Priority In awarding grants under this section, the Secretary shall give priority to applicants proposing to carry out campaigns developed for communities at disproportionate risk for unintended teen pregnancy (particularly youth in racial or ethnic minority or immigrant communities, youth in the foster care system, youth in the juvenile justice system, rural youth, and LGBT youth). (c) Information To be provided As a condition of receipt of a grant under this section, an entity shall agree to use the grant to carry out multimedia campaigns described in subsection (a) that— (1) at a minimum, shall provide information on— (A) the prevention of unintended teenage pregnancy; and (B) healthy relationship development; and (2) may provide information on the prevention of dating violence and sexual assault. 399OO–4. Research on reducing unintended teenage pregnancies and teenage dating violence and improving healthy relationships (a) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall make grants to public and private entities to conduct, support, or coordinate research on unintended teenage pregnancy, dating violence, and healthy relationships among racial or ethnic minority or immigrant communities that— (1) improves data collection on— (A) sexual and reproductive health, including unintended teenage pregnancies and births, among all minority communities and subpopulations in which such data are not collected, including American Indian and Alaska Native youth; (B) sexual behavior, reproductive and sexual coercion, and teenage contraceptive use patterns at the State level, as appropriate; (C) unintended teenage pregnancies among youth in and aging out of foster care or juvenile justice systems and the underlying factors that lead to unintended teenage pregnancy among youth in foster care or juvenile justice systems; and (D) sexual and reproductive health, including teenage pregnancies and births, sexual behavior, reproductive and sexual coercion, and teenage contraceptive use among— (i) LGBT youth; and (ii) rural youth; (2) investigates— (A) the variance in the rates of unintended teenage pregnancy by— (i) racial and ethnic group (such as Hispanic, Asian-American, African-American, Pacific Islander, American Indian, and Alaska Native); and (ii) socioeconomic status, based on the income of the family and education attainment; (B) factors affecting the risk for youth of unintended teenage pregnancy or dating violence, including the physical and social environment, level of acculturation, access to health care, aspirations for the future, and history of physical or sexual violence or abuse; (C) the role that violence and abuse play in teenage sex, pregnancy, and childbearing; (D) strategies to address the disproportionate rates of unintended teenage pregnancies and dating violence in racial or ethnic minority or immigrant communities; (E) how effective interventions can be replicated or adapted in other settings to serve racial or ethnic minority or immigrant communities in a culturally appropriate manner; and (F) the effectiveness of media campaigns in addressing healthy relationship development, dating violence prevention, and unintended teenage pregnancy; and (3) tests research-based strategies for addressing high rates of unintended teenage pregnancy through programs that emphasize healthy relationships and violence prevention. (b) Priority In carrying out this section, the Secretary shall give priority to research that incorporates— (1) interdisciplinary approaches; (2) a strong emphasis on community-based participatory research; or (3) translational research. 399OO–5. HHS adolescent health work group (a) Purpose Not later than 30 days after the date of the enactment of this part, the Secretary shall direct the interagency adolescent health workgroup within the Office of Adolescent Health of the Department of Health and Human Services to— (1) include in the work of the group strategies for teenage dating violence prevention and healthy teenage relationships with a particular focus among racial or ethnic minority or immigrant communities; and (2) with respect to including such strategies, consult, to the greatest extent possible, with the Federal Interagency Workgroup on Teen Dating Violence formed under the leadership of the National Institute of Justice of the Department of Justice. (b) Report Requirement The Secretary, through the Office of Adolescent Health, shall periodically submit to Congress a report that— (1) includes a review of the evidence-based programs on preventing unintended teenage pregnancy, which are carried out and identified by the Office; and (2) identifies the programs of the Department of Health and Human Services that include teenage dating violence prevention and the promotion of healthy teenage relationships as part of a strategy to prevent unintended teenage pregnancy. 399OO–6. General grant provisions (a) Applications To seek a grant under this part, an entity shall submit an application to the Secretary in such form, in such manner, and containing such agreements, assurances, and information as the Secretary may require. (b) Additional requirements A grant may be made under this part only if the applicant involved agrees that information, activities, and services provided under the grant— (1) will be evidence-based or evidence-informed; (2) will be factually and medically accurate and complete; and (3) if directed to a particular population group, will be provided in an appropriate language and cultural context. (c) Training and technical assistance (1) In general Of the total amount made available to carry out this part for a fiscal year, the Secretary shall use 10 percent to provide, directly or through a competitive grant process, training and technical assistance to the grant recipients under this part, including by disseminating research and information regarding effective and promising practices, providing consultation and resources on a broad array of teenage and unintended pregnancy and violence prevention strategies, and developing resources and materials. (2) Collaboration In carrying out this subsection, the Secretary shall collaborate with entities that have expertise in the prevention of teenage pregnancy, healthy relationship development, minority health and health disparities, and violence prevention. 399OO–7. Definitions In this part: (1) Medically accurate and complete The term medically accurate and complete means, with respect to information, activities, or services, verified or supported by the weight of research conducted in compliance with accepted scientific methods and— (A) published in peer-reviewed journals, where applicable; or (B) comprising information that leading professional organizations and agencies with relevant expertise in the field recognize as accurate, objective, and complete. (2) LGBT youth The term LGBT youth means lesbian, gay, bisexual, and transgender youth. (3) Racial or ethnic minority or immigrant communities The term racial or ethnic minority or immigrant communities means communities with a substantial number of residents who are members of racial or ethnic minority groups or who are immigrants. (4) Reproductive and sexual coercion The term reproductive and sexual coercion — (A) means, with respect to a person, coercive behavior that interferes with the ability of such person to control the reproductive decisionmaking of such person, such as intentionally exposing such person to sexually transmitted infections; in the case such person is a female, attempting to impregnate such person against her will; intentionally interfering with the person’s birth control; or threatening or acting violent if the person does not comply with the perpetrator’s wishes regarding contraception or the decision whether to terminate or continue a pregnancy; and (B) includes a range of behaviors that a partner may use related to sexual decision-making to pressure or coerce a person to have sex without using physical force, such as repeatedly pressuring a partner to have sex when he or she does not want to; threatening to end a relationship if a person does not have sex; and threatening retaliation if notified of a positive sexually transmitted disease test result. (5) Youth The term youth means individuals who are 11 to 19 years of age. 399OO–8. Reports (a) Report on use of funds Not later than 1 year after the date of the enactment of this part, the Secretary shall submit to Congress a report on the use of funds provided pursuant to this part. (b) Report on impact of programs Not later than March 1, 2019, the Secretary shall submit to Congress a report on the impact of the programs under this part on reducing unintended teenage pregnancies. 399OO–9. Authorization of appropriations (a) In general There are authorized to be appropriated to carry out this part such sums as may be necessary for each of the fiscal years 2015 through 2019. (b) Availability Amounts appropriated pursuant to subsection (a)— (1) are authorized to remain available until expended; and (2) are in addition to amounts otherwise made available for such purposes. . 509. Gestational diabetes Part B of title III of the Public Health Service Act ( 42 U.S.C. 243 et seq. ) is amended by adding after section 317H the following: 317H–1. Gestational diabetes (a) Understanding and monitoring gestational diabetes (1) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, in consultation with the Diabetes Mellitus Interagency Coordinating Committee established under section 429 and representatives of appropriate national health organizations, shall develop a multisite gestational diabetes research project within the diabetes program of the Centers for Disease Control and Prevention to expand and enhance surveillance data and public health research on gestational diabetes. (2) Areas to be addressed The research project developed under paragraph (1) shall address— (A) procedures to establish accurate and efficient systems for the collection of gestational diabetes data within each State and commonwealth, territory, or possession of the United States; (B) the progress of collaborative activities with the National Vital Statistics System, the National Center for Health Statistics, and State health departments with respect to the standard birth certificate, in order to improve surveillance of gestational diabetes; (C) postpartum methods of tracking women with gestational diabetes after delivery as well as targeted interventions proven to lower the incidence of type 2 diabetes in that population; (D) variations in the distribution of diagnosed and undiagnosed gestational diabetes, and of impaired fasting glucose tolerance and impaired fasting glucose, within and among groups of women; and (E) factors and culturally sensitive interventions that influence risks and reduce the incidence of gestational diabetes and related complications during childbirth, including cultural, behavioral, racial, ethnic, geographic, demographic, socioeconomic, and genetic factors. (3) Report Not later than 2 years after the date of the enactment of this section, and annually thereafter, the Secretary shall generate a report on the findings and recommendations of the research project including prevalence of gestational diabetes in the multisite area and disseminate the report to the appropriate Federal and non-Federal agencies. (b) Expansion of gestational diabetes research (1) In General The Secretary shall expand and intensify public health research regarding gestational diabetes. Such research may include— (A) developing and testing novel approaches for improving postpartum diabetes testing or screening and for preventing type 2 diabetes in women with a history of gestational diabetes; and (B) conducting public health research to further understanding of the epidemiologic, socioenvironmental, behavioral, translation, and biomedical factors and health systems that influence the risk of gestational diabetes and the development of type 2 diabetes in women with a history of gestational diabetes. (2) Authorization of Appropriations There is authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2015 through 2019. (c) Demonstration grants To lower the rate of gestational diabetes (1) In General The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall award grants, on a competitive basis, to eligible entities for demonstration projects that implement evidence-based interventions to reduce the incidence of gestational diabetes, the recurrence of gestational diabetes in subsequent pregnancies, and the development of type 2 diabetes in women with a history of gestational diabetes. (2) Priority In making grants under this subsection, the Secretary shall give priority to projects focusing on— (A) helping women who have 1 or more risk factors for developing gestational diabetes; (B) working with women with a history of gestational diabetes during a previous pregnancy; (C) providing postpartum care for women with gestational diabetes; (D) tracking cases where women with a history of gestational diabetes developed type 2 diabetes; (E) educating mothers with a history of gestational diabetes about the increased risk of their child developing diabetes; (F) working to prevent gestational diabetes and prevent or delay the development of type 2 diabetes in women with a history of gestational diabetes; and (G) achieving outcomes designed to assess the efficacy and cost-effectiveness of interventions that can inform decisions on long-term sustainability, including third-party reimbursement. (3) Application An eligible entity desiring to receive a grant under this subsection shall submit to the Secretary— (A) an application at such time, in such manner, and containing such information as the Secretary may require; and (B) a plan to— (i) lower the rate of gestational diabetes during pregnancy; or (ii) develop methods of tracking women with a history of gestational diabetes and develop effective interventions to lower the incidence of the recurrence of gestational diabetes in subsequent pregnancies and the development of type 2 diabetes. (4) Uses of Funds An eligible entity receiving a grant under this subsection shall use the grant funds to carry out demonstration projects described in paragraph (1), including— (A) expanding community-based health promotion education, activities, and incentives focused on the prevention of gestational diabetes and development of type 2 diabetes in women with a history of gestational diabetes; (B) aiding State- and tribal-based diabetes prevention and control programs to collect, analyze, disseminate, and report surveillance data on women with, and at risk for, gestational diabetes, the recurrence of gestational diabetes in subsequent pregnancies, and, for women with a history of gestational diabetes, the development of type 2 diabetes; and (C) training and encouraging health care providers— (i) to promote risk assessment, high-quality care, and self-management for gestational diabetes and the recurrence of gestational diabetes in subsequent pregnancies; and (ii) to prevent the development of type 2 diabetes in women with a history of gestational diabetes, and its complications in the practice settings of the health care providers. (5) Report Not later than 4 years after the date of the enactment of this section, the Secretary shall prepare and submit to the Congress a report concerning the results of the demonstration projects conducted through the grants awarded under this subsection. (6) Definition of Eligible Entity In this subsection, the term eligible entity means a nonprofit organization (such as a nonprofit academic center or community health center) or a State, tribal, or local health agency. (7) Authorization of Appropriations There is authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2015 through 2019. (d) Postpartum followup regarding gestational diabetes The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall work with the State- and tribal-based diabetes prevention and control programs assisted by the Centers to encourage postpartum followup after gestational diabetes, as medically appropriate, for the purpose of reducing the incidence of gestational diabetes, the recurrence of gestational diabetes in subsequent pregnancies, the development of type 2 diabetes in women with a history of gestational diabetes, and related complications. . 510. Emergency contraception education and information programs (a) Emergency Contraception Public Education Program (1) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall develop and disseminate to the public information on emergency contraception. (2) Dissemination The Secretary may disseminate information under paragraph (1) directly or through arrangements with nonprofit organizations, consumer groups, institutions of higher education, clinics, the media, and Federal, State, and local agencies. (3) Information The information disseminated under paragraph (1) shall include, at a minimum, a description of emergency contraception and an explanation of the use, safety, efficacy, and availability of such contraception. (b) Emergency Contraception Information Program for Health Care Providers (1) In general The Secretary, acting through the Administrator of the Health Resources and Services Administration and in consultation with major medical and public health organizations, shall develop and disseminate to health care providers information on emergency contraception. (2) Information The information disseminated under paragraph (1) shall include, at a minimum— (A) information describing the use, safety, efficacy, and availability of emergency contraception; (B) a recommendation regarding the use of such contraception in appropriate cases; and (C) information explaining how to obtain copies of the information developed under subsection (a) for distribution to the patients of the providers. (c) Definitions In this section: (1) Emergency contraception The term emergency contraception means a drug or device (as the terms are defined in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 )) or a drug regimen that— (A) is used postcoitally; (B) prevents pregnancy primarily by preventing or delaying ovulation, and does not terminate an established pregnancy; and (C) is approved by the Food and Drug Administration. (2) Health care provider The term health care provider means an individual who is licensed or certified under State law to provide health care services and who is operating within the scope of such license. Such term shall include a pharmacist. (3) Institution of higher education The term institution of higher education has the same meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (4) Secretary The term Secretary means the Secretary of Health and Human Services. (d) Authorization of Appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for each of the fiscal years 2015 through 2019. 511. Supporting healthy adolescent development (a) In General The Secretary may award a grant to each eligible State to conduct programs of sex education described in subsection (b), including education on both abstinence and contraception for the prevention of teenage pregnancy and sexually transmitted diseases, including HIV/AIDS and viral hepatitis. (b) Requirements for Sex Education Programs A program of sex education described in this subsection is a program that— (1) is age appropriate and medically accurate; (2) stresses the value of abstinence while not ignoring those young people who have been or are sexually active; (3) includes information providing a factual understanding of male and female reproductive anatomy; (4) provides information about the health benefits and side effects of contraceptive and barrier methods used— (A) as a means to prevent pregnancy; and (B) to reduce the risk of contracting sexually transmitted disease, including HIV/AIDS and viral hepatitis; (5) encourages family communication between parent and child about sexuality; (6) cultivates a respectful dialogue about sexuality, including sexual orientation and gender identity, and embraces the principles of nondiscrimination based on sexual orientation and gender identity; (7) counters the perpetuation of narrow gender roles, including the sexualization of female children, adolescents, and adults; (8) teaches young people the skills to make responsible decisions about sexuality, including how to avoid unwanted verbal, physical, and sexual advances and how to avoid making verbal, physical, and sexual advances that are not wanted by the other party; (9) develops healthy relationships, including the prevention of dating and sexual violence; (10) teaches young people how alcohol and drug use can affect responsible decisionmaking; and (11) does not teach or promote religion. (c) Additional Activities In carrying out a program of sex education, a State may expend grant funds awarded under subsection (a) to carry out educational and motivational activities that help young people— (1) gain knowledge about the physical, emotional, biological, and hormonal changes of adolescence and subsequent stages of human maturation; (2) develop the knowledge and skills necessary— (A) to ensure and protect their sexual and reproductive health from unintended pregnancy and sexually transmitted disease, including HIV/AIDS, throughout their lifespan; (B) to be aware that certain racial and ethnic groups are more affected by certain sexually transmitted diseases; and (C) to receive the education to prevent further transmission; (3) gain knowledge about the specific involvement and responsibility of each individual in sexual decisionmaking; (4) develop healthy attitudes and values about adolescent growth and development, body image, gender roles, racial and ethnic diversity, sexual orientation and gender identity, and other subjects; (5) develop and practice healthy life skills including goal-setting, decisionmaking, negotiation, communication, and stress management; and (6) promote self-esteem and positive interpersonal skills focusing on relationship dynamics, including friendships, dating, romantic involvement, marriage, and family interactions. (d) Matching funds The Secretary may not make payments to a State under this section in an amount exceeding Federal medical assistance percentage for such State (as such term is defined in section 1905(b) of the Social Security Act ( 42 U.S.C. 1396d(b) )) of the costs of the programs conducted by the State under this section. (e) Evaluation of programs (1) In General For the purpose of evaluating the effectiveness of programs of sex education carried out with a grant under this section, evaluations shall be carried out in accordance with paragraphs (2) and (3). (2) National Evaluation (A) Method The Secretary shall provide for a national evaluation of a representative sample of programs of sex education carried out with grants under this section to determine— (i) the effectiveness of such programs in helping to delay the initiation of sexual intercourse and other high-risk behaviors; (ii) the effectiveness of such programs in preventing adolescent pregnancy; (iii) the effectiveness of such programs in preventing sexually transmitted disease, including HIV/AIDS and viral hepatitis; (iv) the effectiveness of such programs in increasing contraceptive knowledge and contraceptive behaviors when sexual intercourse occurs; and (v) a list of best practices that— (I) is based upon essential programmatic components of evaluated programs that have led to success described in clauses (i) through (iv); and (II) documents the racial and ethnic minority populations that are recipients of grant funds under this section or are served by programs of sex education funded under this section. (B) Grant condition A condition for the receipt of a grant to a State under this section is that the State cooperate with the evaluation under subparagraph (A). (C) Report The Secretary shall submit to the Congress— (i) not later than the end of each fiscal year during the 5-year period beginning with fiscal year 2015, an interim report on the national evaluation under subparagraph (A); and (ii) not later than March 31, 2020, a final report providing the results of such national evaluation. (3) Individual State Evaluations A condition for the receipt of a grant under this section is that the State evaluate the programs of sex education funded through such grant in accordance with the following requirements: (A) The evaluation will be conducted by an external, independent entity. (B) The purposes of the evaluation will be the determination of— (i) the effectiveness of such programs in helping to delay the initiation of sexual intercourse and other high-risk behaviors; (ii) the effectiveness of such programs in preventing adolescent pregnancy; (iii) the effectiveness of such programs in preventing sexually transmitted disease, including HIV/AIDS; and (iv) the effectiveness of such programs in increasing contraceptive and barrier method knowledge and contraceptive behaviors when sexual intercourse occurs. (f) Limitations on use of funds (1) Limitations on Secretary Of the amounts appropriated for a fiscal year for purposes of this section, the Secretary may not use more than— (A) 7 percent of such amounts for administrative expenses related to carrying out this section for that fiscal year; and (B) 10 percent of such amounts for the national evaluation under subsection (e)(2). (2) Limitations to States Of amounts provided to an eligible State under this subsection, the State may not use more than 10 percent of the grant to conduct any evaluation under subsection (e)(3). (g) Nondiscrimination required Programs funded under this section shall not discriminate on the basis of sex, race, ethnicity, national origin, disability, religion, marital status, familial status, sexual orientation, or gender identity. Nothing in this section shall be construed to invalidate or limit rights, remedies, procedures, or legal standards available to victims of discrimination under any other Federal law or any law of a State or a political subdivision of a State, including title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ), title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ), section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ), and the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ). (h) Definitions For purposes of this section: (1) The term age appropriate means, with respect to topics, messages, and teaching methods, those suitable to particular ages or age groups of children, adolescents, and adults, based on developing cognitive, emotional, and behavioral capacity typical for the age or age group. (2) The term eligible State means a State that submits to the Secretary an application for a grant under this section that is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section. (3) The term HIV/AIDS means the human immunodeficiency virus, and includes acquired immune deficiency syndrome. (4) The term medically accurate , with respect to information, means information that is supported by research, recognized as accurate and objective by leading medical, psychological, psychiatric, and public health organizations and agencies, and, published in journals that are peer reviewed. (5) The term State means the 50 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. (i) Authorization of appropriations For the purpose of carrying out this section, there is authorized to be appropriated $50,000,000 for each of the fiscal years 2015 through 2019. 512. Compassionate assistance for rape emergencies (a) Medicare (1) Limitation on payment Section 1866(a)(1) of the Social Security Act ( 42 U.S.C. 1395cc(a)(1) ) is amended— (A) by striking and at the end of subparagraph (V); (B) in the subparagraph (W) added by section 3005(1)(C) of Public Law 111–148 — (i) by striking the period at the end and inserting a comma; (ii) by moving the indentation 2 ems to the left; and (iii) by moving such subparagraph to immediately follow subparagraph (V); (C) in the subparagraph (W) added by section 6406(b)(3) of Public Law 111–148 — (i) by striking the period at the end and inserting , and ; (ii) by moving the indentation 2 ems to the left; (iii) by redesignating such subparagraph as subparagraph (X); and (iv) by moving such subparagraph to immediately follow subparagraph (W), as moved under paragraph (2)(C); and (D) by inserting after the subparagraph (X), as redesignated and moved under paragraph (3), the following: (Y) in the case of a hospital or critical access hospital, to adopt and enforce a policy to ensure compliance with the requirements of subsection (l) and to meet the requirements of such subsection. . (2) Assistance to victims Section 1866 of the Social Security Act ( 42 U.S.C. 1395cc ) is amended by adding at the end the following new subsection: (l) Compassionate assistance for rape emergencies (1) In general For purposes of section 1866(a)(1)(Y), a hospital meets the requirements of this subsection if the hospital provides each of the services described in paragraph (2) to each female individual, whether or not eligible for benefits under this title or under any other form of health insurance. who comes to the hospital on or after January 1, 2015, and— (A) who states to hospital personnel that she is a victim of sexual assault; (B) who is accompanied by an individual who states to hospital personnel that the female individual is a victim of sexual assault; or (C) whom hospital personnel, during the course of treatment and care for the female individual, have reason to believe is a victim of sexual assault. (2) Required services described For purposes of paragraph (1), the services described in this subparagraph are the following: (A) Provision of medically and factually accurate and unbiased written and oral information about emergency contraception that— (i) is written in clear and concise language; (ii) is readily comprehensible; (iii) includes an explanation that— (I) emergency contraception has been approved by the Food and Drug Administration as an over-the-counter medication for female individuals, and is a safe and effective way to prevent pregnancy after unprotected intercourse or contraceptive failure if taken in a timely manner; (II) emergency contraception is more effective the sooner it is taken; and (III) emergency contraception does not cause an abortion and cannot interrupt an established pregnancy; (iv) meets such conditions regarding the provision of such information in languages other than English as the Secretary may establish; and (v) is provided without regard to the ability of the individual or her family to pay costs associated with the provision of such information to the individual. (B) Prompt offer to provide emergency contraception to the individual, and in the case that the individual accepts such offer, prompt provision of such contraception to such individual without regard to the inability of the individual or her family to pay costs associated with the offer and provision of such contraception. (3) Definitions For purposes of this paragraph: (A) The term emergency contraception means a drug or device (as such terms are defined in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 )) or a drug regimen that— (i) is used postcoitally; (ii) prevents pregnancy primarily by preventing or delaying ovulation, and does not terminate an established pregnancy; and (iii) is approved by the Food and Drug Administration. (B) The term hospital includes a critical access hospital, as defined in section 1861(mm)(1). (C) The term sexual assault means coitus in which the individual involved does not consent or lacks the legal capacity to consent. . (b) Limitation on payment under Medicaid Section 1903(i) of the Social Security Act ( 42 U.S.C. 1396b(i) ) is amended by inserting after paragraph (11) the following new paragraph: (12) with respect to any amount expended for care or services furnished under the plan by a hospital on or after January 1, 2015, unless such hospital meets the requirements specified in section 1866(l) for purposes of title XVIII. . 513. Access to birth control duties of pharmacies to ensure provision of FDA-approved contraception Part B of title II of the Public Health Service Act ( 42 U.S.C. 238 et seq. ) is amended by adding at the end the following: 249. Duties of pharmacies to ensure provision of FDA-approved contraception (a) In general Subject to subsection (c), a pharmacy that receives Food and Drug Administration-approved drugs or devices in interstate commerce shall maintain compliance with the following: (1) If a customer requests a contraceptive that is in stock, the pharmacy shall ensure that the contraceptive is provided to the customer without delay. (2) If a customer requests a contraceptive that is not in stock and the pharmacy in the normal course of business stocks contraception, the pharmacy shall immediately inform the customer that the contraceptive is not in stock and without delay offer the customer the following options: (A) If the customer prefers to obtain the contraceptive through a referral or transfer, the pharmacy shall— (i) locate a pharmacy of the customer’s choice or the closest pharmacy confirmed to have the contraceptive in stock; and (ii) refer the customer or transfer the prescription to that pharmacy. (B) If the customer prefers for the pharmacy to order the contraceptive, the pharmacy shall obtain the contraceptive under the pharmacy’s standard procedure for expedited ordering of medication and notify the customer when the contraceptive arrives. (3) The pharmacy shall ensure that its employees do not— (A) intimidate, threaten, or harass customers in the delivery of services relating to a request for contraception; (B) interfere with or obstruct the delivery of services relating to a request for contraception; (C) intentionally misrepresent or deceive customers about the availability of contraception or its mechanism of action; (D) breach medical confidentiality with respect to a request for contraception or threaten to breach such confidentiality; or (E) refuse to return a valid, lawful prescription for contraception upon customer request. (b) Contraceptives not ordinarily stocked Nothing in subsection (a)(2) shall be construed to require any pharmacy to comply with such subsection if the pharmacy does not ordinarily stock contraceptives in the normal course of business. (c) Refusals pursuant to standard pharmacy practice This section does not prohibit a pharmacy from refusing to provide a contraceptive to a customer in accordance with any of the following: (1) If it is unlawful to dispense the contraceptive to the customer without a valid, lawful prescription and no such prescription is presented. (2) If the customer is unable to pay for the contraceptive. (3) If the employee of the pharmacy refuses to provide the contraceptive on the basis of a professional clinical judgment. (d) Rule of construction Nothing in this section shall be construed to invalidate or limit rights, remedies, procedures, or legal standards under title VII of the Civil Rights Act of 1964. (e) Preemption This section does not preempt any provision of State law or any professional obligation made applicable by a State board or other entity responsible for licensing or discipline of pharmacies or pharmacists, to the extent that such State law or professional obligation provides protections for customers that are greater than the protections provided by this section. (f) Enforcement (1) Civil penalty A pharmacy that violates a requirement of subsection (a) is liable to the United States for a civil penalty in an amount not exceeding $1,000 per day of violation, not to exceed $100,000 for all violations adjudicated in a single proceeding. (2) Private cause of action Any person aggrieved as a result of a violation of a requirement of subsection (a) may, in any court of competent jurisdiction, commence a civil action against the pharmacy involved to obtain appropriate relief, including actual and punitive damages, injunctive relief, and a reasonable attorney’s fee and cost. (3) Limitations A civil action under paragraph (1) or (2) may not be commenced against a pharmacy after the expiration of the 5-year period beginning on the date on which the pharmacy allegedly engaged in the violation involved. (g) Definitions In this section: (1) The term contraception or contraceptive means any drug or device approved by the Food and Drug Administration to prevent pregnancy. (2) The term employee means a person hired, by contract or any other form of an agreement, by a pharmacy. (3) The term pharmacy means an entity that— (A) is authorized by a State to engage in the business of selling prescription drugs at retail; and (B) employs one or more employees. (4) The term product means a Food and Drug Administration-approved drug or device. (5) The term professional clinical judgment means the use of professional knowledge and skills to form a clinical judgment, in accordance with prevailing medical standards. (6) The term without delay , with respect to a pharmacy providing, providing a referral for, or ordering contraception, or transferring the prescription for contraception, means within the usual and customary timeframe at the pharmacy for providing, providing a referral for, or ordering other products, or transferring the prescription for other products, respectively. (h) Effective date This section shall take effect on the 31st day after the date of the enactment of this section, without regard to whether the Secretary has issued any guidance or final rule regarding this section. . 514. Additional focus area for the Office on Women’s Health Section 229(b) of the Public Health Service Act ( 42 U.S.C. 237a(b) ) is amended— (1) in paragraph (6), at the end, by striking and ; (2) in paragraph (7), at the end, by striking the period and inserting ; and ; and (3) by adding at the end the following new paragraph: (8) facilitate policymakers, health system leaders and providers, consumers, and other stakeholders in understanding optimal maternity care and support for the provision of such care, including the priorities of— (A) protecting, promoting, and supporting the innate capacities of childbearing women and their newborns for childbirth, breastfeeding, and attachment; (B) using obstetric interventions only when such interventions are supported by strong, high-quality evidence, and minimizing overuse of maternity practices that have been shown to have benefit in limited situations and that can expose women, infants, or both to risk of harm if used routinely and indiscriminately, including continuous electronic fetal monitoring, labor induction, epidural analgesia, primary cesarean section, and routine repeat cesarean birth; (C) reliably incorporating noninvasive, evidence-based practices that have documented correlation with considerable improvement in outcomes with no detrimental side effects, such as smoking cessation programs in pregnancy and proven models of group prenatal care that integrate health assessment, education, and support into a unified program; (D) a shared understanding of the qualifications of licensed providers of maternity care and the best evidence about the safety, satisfaction, outcomes, and costs of their care, and appropriate deployment of such caregivers within the maternity care workforce to address the needs of childbearing women and newborns and the growing shortage of maternity caregivers; (E) a shared understanding of the results of the best available research comparing hospital, birth center, and planned home births, including information about each setting’s safety, satisfaction, outcomes, and costs; and (F) high-quality, evidence-based childbirth education that promotes a natural, healthy, and safe approach to pregnancy, childbirth, and early parenting; is taught by certified educators, peer counselors, and health professionals; and promotes informed decisionmaking by childbearing women. . 515. Interagency coordinating committee on the promotion of optimal maternity outcomes (a) In general Part A of title II of the Public Health Service Act ( 42 U.S.C. 202 et seq. ) is amended by adding at the end the following new section: 229A. Interagency coordinating committee on the promotion of optimal maternity outcomes (a) In general The Secretary of Health and Human Services, acting through the Deputy Assistant Secretary for Women’s Health under section 229 and in collaboration with the Federal officials specified in subsection (b), shall establish the Interagency Coordinating Committee on the Promotion of Optimal Maternity Outcomes (referred to in this subsection as the ICCPOM ). (b) Other agencies The officials specified in this subsection are the Secretary of Labor, the Secretary of Defense, the Secretary of Veterans Affairs, the Surgeon General, the Director of the Centers for Disease Control and Prevention, the Administrator of the Health Resources and Services Agency, the Administrator of the Centers for Medicare & Medicaid Services, the Director of the Indian Health Service, the Administrator of the Substance Abuse and Mental Health Services Administration, the Director of the National Institute on Child Health and Development, the Director of the Agency for Healthcare Research and Quality, the Assistant Secretary for Children and Families, the Deputy Assistant Secretary for Minority Health, the Director of the Office of Personnel Management, and such other Federal officials as the Secretary of Health and Human Services determines to be appropriate. (c) Chair The Deputy Assistant Secretary for Women’s Health shall serve as the chair of the ICCPOM. (d) Duties The ICCPOM shall guide policy and program development across the Federal Government with respect to promotion of optimal maternity care, provided, however, that nothing in this section shall be construed as transferring regulatory or program authority from an agency to the ICCPOM. (e) Consultations The ICCPOM shall actively seek the input of, and shall consult with, all appropriate and interested stakeholders, including State health departments, public health research and interest groups, foundations, childbearing women and their advocates, and maternity care professional associations and organizations, reflecting racially, ethnically, demographically, and geographically diverse communities. (f) Annual report (1) In general The Secretary, on behalf of the ICCPOM, shall annually submit to Congress a report that summarizes— (A) all programs and policies of Federal agencies (including the Medicare Program under title XVIII of the Social Security Act and the Medicaid program under title XIX of such Act) designed to promote optimal maternity care, focusing particularly on programs and policies that support the adoption of evidence based maternity care, as defined by timely, scientifically sound systematic reviews; (B) all programs and policies of Federal agencies (including the Medicare Program under title XVIII of the Social Security Act and the Medicaid program under title XIX of such Act) designed to address the problems of maternal mortality and morbidity, infant mortality, prematurity, and low birth weight, including such programs and policies designed to address racial and ethnic disparities with respect to each of such problems; (C) the extent of progress in reducing maternal mortality and infant mortality, low birth weight, and prematurity at State and national levels; and (D) such other information regarding optimal maternity care as the Secretary determines to be appropriate. The information specified in subparagraph (C) shall be included in each such report in a manner that disaggregates such information by race, ethnicity, and indigenous status in order to determine the extent of progress in reducing racial and ethnic disparities and disparities related to indigenous status. (2) Certain information Each report under paragraph (1) shall include information (disaggregated by race, ethnicity, and indigenous status, as applicable) on the following rates and costs by State: (A) The rate of primary cesarean deliveries and repeat cesarean deliveries. (B) The rate of vaginal births after cesarean. (C) The rate of vaginal breech births. (D) The rate of induction of labor. (E) The rate of freestanding birth center births. (F) The rate of planned and unplanned home birth. (G) The rate of attended births by provider, including by an obstetrician-gynecologist, family practice physician, obstetrician-gynecologist physician assistant, certified nurse-midwife, certified midwife, and certified professional midwife. (H) The cost of maternity care disaggregated by place of birth and provider of care, including— (i) uncomplicated vaginal birth; (ii) complicated vaginal birth; (iii) uncomplicated cesarean birth; and (iv) complicated cesarean birth. (g) Authorization of appropriations There is authorized to be appropriated, in addition to such amounts authorized to be appropriated under section 229(e), to carry out this section $1,000,000 for each of the fiscal years 2015 through 2019. . (b) Conforming amendments (1) Inclusion as duty of HHS office on women’s health Section 229(b) of such Act ( 42 U.S.C. 237a(b) ), as amended, is amended— (A) in paragraph (7), at the end, by striking and ; (B) in paragraph (8), at the end, by striking the period and inserting ; and ; and (C) by adding at the end the following new paragraph: (9) establish the Interagency Coordinating Committee on the Promotion of Optimal Maternity Outcomes in accordance with section 229A. . (2) Treatment of biennial reports Section 229(d) of such Act ( 42 U.S.C. 237a(d) ) is amended by inserting (other than under subsection (b)(9)) after under this section . 516. Consumer education campaign Section 229 of the Public Health Service Act ( 42 U.S.C. 237a ), as amended, is further amended in subsection (b)— (1) in paragraph (8), at the end, by striking and ; (2) in paragraph (9), at the end, by striking the period and inserting ; and ; and (3) by adding at the end the following new paragraph: (10) not later than one year after the date of the enactment of the Health Equity and Accountability Act of 2014 , develop and implement a 4-year culturally and linguistically appropriate multimedia consumer education campaign that is designed to promote understanding and acceptance of evidence-based maternity practices and models of care for optimal maternity outcomes among women of childbearing ages and families of such women and that— (A) highlights the importance of protecting, promoting, and supporting the innate capacities of childbearing women and their newborns for childbirth, breastfeeding, and attachment; (B) promotes understanding of the importance of using obstetric interventions when medically necessary and when supported by strong, high-quality evidence; (C) highlights the widespread overuse of maternity practices that have been shown to have benefit when used appropriately in situations of medical necessity, but which can expose women, infants, or both to risk of harm if used routinely and indiscriminately, including continuous fetal monitoring, labor induction, epidural anesthesia, elective primary cesarean section, and repeat cesarean delivery; (D) emphasizes the noninvasive maternity practices that have strong proven correlation or may be associated with considerable improvement in outcomes with no detrimental side effects, and are significantly underused in the United States, including smoking cessation programs in pregnancy, group model prenatal care, continuous labor support, nonsupine positions for birth, and external version to turn breech babies at term; (E) educates consumers about the qualifications of licensed providers of maternity care and the best evidence about their safety, satisfaction, outcomes, and costs; (F) informs consumers about the best available research comparing birth center births, planned home births, and hospital births, including information about each setting’s safety, satisfaction, outcomes, and costs; (G) fosters participation in high-quality, evidence-based childbirth education that promotes a natural, healthy, and safe approach to pregnancy, childbirth, and early parenting; is taught by certified educators, peer counselors, and health professionals; and promotes informed decisionmaking by childbearing women; and (H) is pilot tested for consumer comprehension, cultural sensitivity, and acceptance of the messages across geographically, racially, ethnically, and linguistically diverse populations. . 517. Bibliographic database of systematic reviews for care of childbearing women and newborns (a) In general Not later than one year after the date of the enactment of this Act, the Secretary of Health and Human Services, through the Agency for Healthcare Research and Quality, shall— (1) make publicly available an online bibliographic database identifying systematic reviews, including an explanation of the level and quality of evidence, for care of childbearing women and newborns; and (2) initiate regular updates that incorporate newly issued and updated systematic reviews. (b) Sources To aim for a comprehensive inventory of systematic reviews relevant to maternal and newborn care, the database shall identify reviews from diverse sources, including— (1) scientific peer-reviewed journals; (2) databases, including Cochrane Database of Systematic Reviews, Clinical Evidence, and Database of Abstracts of Reviews of Effects; and (3) Internet Web sites of agencies and organizations throughout the world that produce such systematic reviews. (c) Features The database shall— (1) provide bibliographic citations for each record within the database, and for each such citation include an explanation of the level and quality of evidence; (2) include abstracts, as available; (3) provide reference to companion documents as may exist for each review, such as evidence tables and guidelines or consumer educational materials developed from the review; (4) provide links to the source of the full review and to any companion documents; (5) provide links to the source of a previous version or update of the review; (6) be searchable by intervention or other topic of the review, reported outcomes, author, title, and source; and (7) offer to users periodic electronic notification of database updates relating to users’ topics of interest. (d) Outreach Not later than the first date the database is made publicly available and periodically thereafter, the Secretary of Health and Human Services shall publicize the availability, features, and uses of the database under this section to the stakeholders described in subsection (e). (e) Consultation For purposes of developing the database under this section and maintaining and updating such database, the Secretary of Health and Human Services shall convene and consult with an advisory committee composed of relevant stakeholders, including— (1) Federal Medicaid administrators and State agencies administrating State plans under title XIX of the Social Security Act pursuant to section 1902(a)(5) of such Act (42 U.S.C. 1396a(a)(5)); (2) providers of maternity and newborn care from both academic and community-based settings, including obstetrician-gynecologists, family physicians, certified nurse midwives, certified midwives, certified professional midwives, physician assistants, perinatal nurses, pediatricians, and nurse practitioners; (3) maternal-fetal medicine specialists; (4) neonatologists; (5) childbearing women and advocates for such women, including childbirth educators certified by a nationally accredited program, representing communities that are diverse in terms of race, ethnicity, indigenous status, and geographic area; (6) employers and purchasers; (7) health facility and system leaders, including both hospital and birth center facilities; (8) journalists; and (9) bibliographic informatics specialists. (f) Authorization of appropriations There is authorized to be appropriated $2,500,000 for each of the fiscal years 2015 through 2017 for the purpose of developing the database and such sums as may be necessary for each subsequent fiscal year for updating the database and providing outreach and notification to users, as described in this section. 518. Maternity care health professional shortage areas Section 332 of the Public Health Service Act ( 42 U.S.C. 254e ) is amended by adding at the end the following new subsection: (k) (1) The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall designate maternity care health professional shortage areas in the States, publish a descriptive list of the area’s population groups, medical facilities, and other public facilities so designated, and at least annually review and, as necessary, revise such designations. (2) For purposes of paragraph (1), a complete descriptive list shall be published in the Federal Register not later than one year after the date of the enactment of the Health Equity and Accountability Act of 2014 and annually thereafter. (3) The provisions of subsections (b), (c), (e), (f), (g), (h), (i), and (j) (other than (j)(1)(B)) of this section shall apply to the designation of a maternity care health professional shortage area in a similar manner and extent as such provisions apply to the designation of health professional shortage areas, except in applying subsection (b)(3), the reference in such subsection to physicians shall be deemed to be a reference to nationally certified and State licensed obstetricians, family practice physicians who practice full-scope maternity care, certified nurse midwives, certified midwives, certified professional midwives, and physician’s assistants who practice full scope maternity care. (4) For purposes of this subsection, the term maternity care health professional shortage area means— (A) an area in an urban or rural area (which need not conform to the geographic boundaries of a political subdivision and which is a rational area for the delivery of health services) which the Secretary determines has a shortage of providers of maternity care health services including those referenced in paragraph (3) or an urban or rural area that the Secretary determines has lost a significant number of such providers during the 10-year period beginning with 2004 or has no obstetrical providers licensed to provide operative obstetrical services; (B) an area in an urban or rural area (which need not conform to the geographic boundaries of a political subdivision and which is a rational area for the delivery of health services) which the Secretary determines has a shortage of hospital or labor and delivery units, hospital birth center units, or freestanding birth centers or an area that lost a significant number of these units during the 10-year period beginning with 2004; or (C) a population group which the Secretary determines has such a shortage of providers or facilities. . 519. Expansion of CDC prevention research centers program to include centers on optimal maternity outcomes (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 support the establishment of additional Prevention Research Centers under the Prevention Research Center Program administered by the Centers for Disease Control and Prevention. Such additional centers shall each be known as a Center for Excellence on Optimal Maternity Outcomes. (b) Research Each Center for Excellence on Optimal Maternity Outcomes shall— (1) conduct at least one focused program of research to improve maternity outcomes, including the reduction of cesarean birth rates, elective inductions, prematurity rates, and low birth weight rates within an underserved population that has a disproportionately large burden of suboptimal maternity outcomes, including maternal mortality and morbidity, infant mortality, prematurity, or low birth weight; (2) work with partners on special interest projects, as specified by the Centers for Disease Control and Prevention and other relevant agencies within the Department of Health and Human Services, and on projects funded by other sources; and (3) involve a minimum of two distinct birth setting models, such as a hospital labor and delivery model and freestanding birth center model; or a hospital labor and delivery model and planned home birth model. (c) Interdisciplinary providers Each Center for Excellence on Optimal Maternity Outcomes shall include the following interdisciplinary providers of maternity care: (1) Obstetrician-gynecologists. (2) At least two of the following providers: (A) Family practice physicians. (B) Nurse practitioners. (C) Physician assistants. (D) Certified professional midwives. (d) Services Research conducted by each Center for Excellence on Optimal Maternity Outcomes shall include at least 2 (and preferably more) of the following supportive provider services: (1) Mental health. (2) Doula labor support. (3) Nutrition education. (4) Childbirth education. (5) Social work. (6) Physical therapy or occupation therapy. (7) Substance abuse services. (8) Home visiting. (e) Coordination The programs of research at each of the two Centers of Excellence on Optimal Maternity Outcomes shall compliment and not replicate the work of the other. (f) Authorization of appropriations There is authorized to be appropriated to carry out this section $2,000,000 for each of the fiscal years 2015 through 2019. 520. Expanding models allowed to be tested by Center for Medicare and Medicaid Innovation to include maternity care models Section 1115A(b)(2)(B) of the Social Security Act ( 42 U.S.C. 1315a(b)(2)(B) ) is amended by adding at the end the following new clause: (xxi) Promoting evidence-based models of care that have been associated with reductions in maternal and infant health disparities, including incorporating the use of doula and promotoras support for pregnant and childbearing women into evidence-based models of prenatal care, labor and delivery, and postpartum care, and supporting the appropriate use of out-of-hospital birth models, including births at home and in freestanding birth centers. . 521. Development of interprofessional maternity care educational models and tools (a) In general Not later than 6 months after the date of the enactment of this Act, the Secretary of Health and Human Services, acting in conjunction with the Administrator of Health Resources and Services Administration, shall convene, for a 1-year period, an Interprofessional Maternity Provider Education Commission to discuss and make recommendations for— (1) a consensus standard physiologic maternity care curriculum that takes into account the core competencies for basic midwifery practice such as those developed by the American College of Nurse Midwives and the North American Registry of Midwives, and the educational objectives for physicians practicing in obstetrics and gynecology as determined by the Council on Resident Education in Obstetrics and Gynecology; (2) suggestions for multidisciplinary use of the consensus physiologic curriculum; (3) strategies to integrate and coordinate education across maternity care disciplines, including recommendations to increase medical and midwifery student exposure to out-of-hospital birth; and (4) pilot demonstrations of interprofessional educational models. (b) Participants The Commission shall include maternity care educators, curriculum developers, service leaders, certification leaders, and accreditation leaders from the various professions that provide maternity care in this country. Such professions shall include obstetrician gynecologists, certified nurse midwives or certified midwives, family practice physicians, nurse practitioners, physician assistants, certified professional midwives, and perinatal nurses. Additionally, the Commission shall include representation from maternity care consumer advocates. (c) Curriculum The consensus standard physiologic maternity care curriculum described in subsection (a)(1) shall— (1) have a public health focus with a foundation in health promotion and disease prevention; (2) foster physiologic childbearing and woman and family centered care; (3) integrate strategies to reduce maternal and infant morbidity and mortality; (4) incorporate recommendations to ensure respectful, safe, and seamless consultation, referral, transport, and transfer of care when necessary; and (5) include cultural sensitivity and strategies to decrease disparities in maternity outcomes. (d) Report Not later than 6 months after the final meeting of the Commission, the Secretary of Health and Human Services shall— (1) submit to Congress a report containing the recommendations made by the Commission under this section; and (2) make such report publicly available. (e) Authorization of appropriations There is authorized to be appropriated to carry out this section $1,000,000 for each of the fiscal years 2015 and 2016, and such sums as are necessary for each of the fiscal years 2017 through 2019. 522. Including within inpatient hospital services under Medicare services furnished by certain students, interns, and residents supervised by certified nurse midwives (a) In general Section 1861(b) of the Social Security Act ( 42 U.S.C. 1395x(b) ) is amended— (1) in paragraph (6), by striking ; or and inserting , or in the case of services in a hospital or osteopathic hospital by a student midwife or an intern or resident-in-training under a teaching program previously described in this paragraph who is in the field of obstetrics and gynecology, if such student midwife, intern, or resident-in-training is supervised by a certified nurse-midwife to the extent permitted under applicable State law and as may be authorized by the hospital; ; (2) in paragraph (7), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following new paragraph: (8) a certified nurse-midwife where the hospital has a teaching program approved as specified in paragraph (6), if (A) the hospital elects to receive any payment due under this title for reasonable costs of such services, and (B) all certified nurse-midwives in such hospital agree not to bill charges for professional services rendered in such hospital to individuals covered under the insurance program established by this title. . (b) Effective date The amendments made by subsection (a) shall apply to services furnished on or after the date of the enactment of this Act. 523. Grants to professional organizations to increase diversity in maternity care professionals (a) In general The Secretary of Health and Human Services, through the Administrator of the Health Resources and Services Administration, shall carry out a grant program under which the Secretary may make to eligible health professional organizations— (1) for fiscal year 2015, planning grants described in subsection (b); and (2) for the subsequent 4-year period, implementation grants described in subsection (c). (b) Planning grants (1) In general Planning grants described in this subsection are grants for the following purposes: (A) To collect data and identify any workforce disparities, with respect to a health profession, at each of the following areas along the health professional continuum: (i) Pipeline availability with respect to students at the high school and college or university levels considering and working toward entrance in the profession. (ii) Entrance into the training program for the profession. (iii) Graduation from such training program. (iv) Entrance into practice. (v) Retention in practice for more than a 5-year period. (B) To develop one or more strategies to address the workforce disparities within the health profession, as identified under (and in response to the findings pursuant to) subparagraph (A). (2) Application To be eligible to receive a grant under this subsection, an eligible health professional organization shall submit to the Secretary of Health and Human Services an application in such form and manner and containing such information as specified by the Secretary. (3) Amount Each grant awarded under this subsection shall be for an amount not to exceed $300,000. (4) Report Each recipient of a grant under this subsection shall submit to the Secretary of Health and Human Services a report containing— (A) information on the extent and distribution of workforce disparities identified through the grant; and (B) reasonable objectives and strategies developed to address such disparities within a 5-, 10-, and 25-year period. (c) Implementation grants (1) In general Implementation grants described in this subsection are grants to implement one or more of the strategies developed pursuant to a planning grant awarded under subsection (b). (2) Application To be eligible to receive a grant under this subsection, an eligible health professional organization shall submit to the Secretary of Health and Human Services an application in such form and manner as specified by the Secretary. Each such application shall contain information on the capability of the organization to carry out a strategy described in paragraph (1), involvement of partners or coalitions, plans for developing sustainability of the efforts after the culmination of the grant cycle, and any other information specified by the Secretary. (3) Amount Each grant awarded under this subsection shall be for an amount not to exceed $500,000 each year during the 4-year period of the grant. (4) Reports For each of the first 3 years for which an eligible health professional organization is awarded a grant under this subsection, the organization shall submit to the Secretary of Health and Human Services a report on the activities carried out by such organization through the grant during such year and objectives for the subsequent year. For the fourth year for which an eligible health professional organization is awarded a grant under this subsection, the organization shall submit to the Secretary a report that includes an analysis of all the activities carried out by the organization through the grant and a detailed plan for continuation of out-reach efforts. (d) Eligible health professional organization defined For purposes of this section, the term eligible health professional organization means a professional organization representing obstetrician-gynecologists, certified nurse midwives, certified midwives, family practice physicians, nurse practitioners whose scope of practice includes maternity care, physician assistants whose scope of practice includes obstetrical care, or certified professional midwives. (e) Authorization of appropriations There is authorized to be appropriated to carry out this section $2,000,000 for fiscal year 2015 and $3,000,000 for each of the fiscal years 2016 through 2019. VI MENTAL HEALTH 601. Coverage of marriage and family therapist services, mental health counselor services, and substance abuse counselor services under part B of the Medicare program (a) Coverage of Services (1) In general Section 1861(s)(2) of the Social Security Act ( 42 U.S.C. 1395x(s)(2) ) is amended— (A) in subparagraph (EE), by striking and at the end; (B) in subparagraph (FF), by inserting and at the end; and (C) by adding at the end the following new subparagraph: (GG) marriage and family therapist services (as defined in subsection (kkk)(1)) and mental health counselor services (as defined in subsection (kkk)(3)) and substance abuse counselor services (as defined in subsection (kkk)(5)); . (2) Definitions Section 1861 of such Act ( 42 U.S.C. 1395x ), as amended by sections 202(b)(1)(A) and 423(a), is amended by adding at the end the following new subsection: (kkk) Marriage and Family Therapist Services; Marriage and Family Therapist; Mental Health Counselor Services; Mental Health Counselor (1) The term marriage and family therapist services means services performed by a marriage and family therapist (as defined in paragraph (2)) for the diagnosis and treatment of mental illnesses, which the marriage and family therapist is legally authorized to perform under State law (or the State regulatory mechanism provided by State law) of the State in which such services are performed, as would otherwise be covered if furnished by a physician or as an incident to a physician’s professional service, but only if no facility or other provider charges or is paid any amounts with respect to the furnishing of such services. (2) The term marriage and family therapist means an individual who— (A) possesses a master’s or doctoral degree which qualifies for licensure or certification as a marriage and family therapist pursuant to State law; (B) after obtaining such degree has performed at least 2 years of clinical supervised experience in marriage and family therapy; and (C) in the case of an individual performing services in a State that provides for licensure or certification of marriage and family therapists, is licensed or certified as a marriage and family therapist in such State. (3) The term mental health counselor services means services performed by a mental health counselor (as defined in paragraph (4)) for the diagnosis and treatment of mental illnesses which the mental health counselor is legally authorized to perform under State law (or the State regulatory mechanism provided by the State law) of the State in which such services are performed, as would otherwise be covered if furnished by a physician or as incident to a physician’s professional service, but only if no facility or other provider charges or is paid any amounts with respect to the furnishing of such services. (4) The term mental health counselor means an individual who— (A) possesses a master’s or doctor’s degree in mental health counseling or a related field; (B) after obtaining such a degree has performed at least 2 years of supervised mental health counselor practice; and (C) in the case of an individual performing services in a State that provides for licensure or certification of mental health counselors or professional counselors, is licensed or certified as a mental health counselor or professional counselor in such State. (5) The term substance abuse counselor services means services performed by a substance abuse counselor (as defined in paragraph (6)) for the diagnosis and treatment of substance abuse and addiction which the substance abuse counselor is legally authorized to perform under State law (or the State regulatory mechanism provided by the State law) of the State in which such services are performed, as would otherwise be covered if furnished by a physician or as incident to a physician’s professional service, but only if no facility or other provider charges or is paid any amounts with respect to the furnishing of such services. (6) The term substance abuse counselor means an individual who— (A) has performed at least 2 years of supervised substance abuse counselor practice; (B) in the case of an individual performing services in a State that provides for licensure or certification of substance abuse counselors or professional counselors, is licensed or certified as a substance abuse counselor or professional counselor in such State; or (C) the individual is a drug and alcohol counselor as defined in section 40.281 of title 49, Code of Federal Regulations. . (3) Provision for payment under part B Section 1832(a)(2)(B) of such Act ( 42 U.S.C. 1395k(a)(2)(B) ) is amended by adding at the end the following new clause: (v) marriage and family therapist services, mental health counselor services, and substance abuse counselor services; . (4) Amount of payment Section 1833(a)(1) of such Act ( 42 U.S.C. 1395l(a)(1) ) is amended— (A) by striking and (Z) and inserting (Z) ; and (B) by inserting before the semicolon at the end the following: , and (AA) with respect to marriage and family therapist services, mental health counselor services, and substance abuse counselor services under section 1861(s)(2)(GG), the amounts paid shall be 80 percent of the lesser of the actual charge for the services or 75 percent of the amount determined for payment of a psychologist under subparagraph (L) . (5) Exclusion of marriage and family therapist services and mental health counselor services from skilled nursing facility prospective payment system Section 1888(e)(2)(A)(ii) of such Act ( 42 U.S.C. 1395yy(e)(2)(A)(ii) ) is amended by inserting marriage and family therapist services (as defined in section 1861(kkk)(1)), mental health counselor services (as defined in section 1861(kkk)(3)), after qualified psychologist services, . (6) Inclusion of marriage and family therapists, mental health counselors, and substance abuse counselors as practitioners for assignment of claims Section 1842(b)(18)(C) of such Act ( 42 U.S.C. 1395u(b)(18)(C) ) is amended by adding at the end the following new clauses: (vii) A marriage and family therapist (as defined in section 1861(kkk)(2)). (viii) A mental health counselor (as defined in section 1861(kkk)(4)). (ix) A substance abuse counselor (as defined in section 1861 (kkk)(6)). . (b) Coverage of Certain Mental Health Services Provided in Certain Settings (1) Rural health clinics and federally qualified health centers Section 1861(aa)(1)(B) of the Social Security Act ( 42 U.S.C. 1395x(aa)(1)(B) ) is amended by striking or by a clinical social worker (as defined in subsection (hh)(1)), and inserting , by a clinical social worker (as defined in subsection (hh)(1)), by a marriage and family therapist (as defined in subsection (kkk)(2)), or by a mental health counselor (as defined in subsection (kkk)(4)), or by a substance abuse counselor (as defined in section 1861 (kkk)(6)). . (2) Hospice programs Section 1861(dd)(2)(B)(i)(III) of such Act ( 42 U.S.C. 1395x(dd)(2)(B)(i)(III) ) is amended by inserting or one marriage and family therapist (as defined in subsection (kkk)(2)) after social worker . (c) Authorization of Marriage and Family Therapists To Develop Discharge Plans for Post-Hospital Services Section 1861(ee)(2)(G) of the Social Security Act ( 42 U.S.C. 1395x(ee)(2)(G) ) is amended by inserting marriage and family therapist (as defined in subsection (kkk)(2)), after social worker, . (d) Effective Date The amendments made by this section shall apply with respect to services furnished on or after January 1, 2015. 602. Minority Fellowship Program Title V of the Public Health Service Act is amended by inserting after section 506B of such Act (42 U.S.C. 290aa–5b) the following: 506C. Minority Fellowship Program (a) Fellowships The Administrator shall maintain a program, to be known as the Minority Fellowship Program, under which the Administrator awards grants or contracts to national associations or other appropriate entities for the financial support of graduate students, postdoctoral fellows, and residents in the professions of psychology, psychiatry, social work, psychiatric advance-practice nursing, marriage and family therapy, and professional counseling to students who demonstrate a commitment to clinical or research careers focused on racial and ethnic minority populations. (b) Term of financial support Financial support provided to an individual pursuant to subsection (a) shall be for a term of not more than 12 months and may be renewed thereafter. (c) Authorization of appropriations To carry out this section, there is authorized to be appropriated $10,000,000 for each of fiscal years 2015 through 2019. . 603. Integrated Health Care Demonstration Program Part D of title V of the Public Health Service Act ( 42 U.S.C. 290dd et seq. ) is amended by adding at the end the following: 544. Interprofessional health care teams for provision of behavioral health care in primary care settings (a) Grants The Secretary, acting through the Deputy Assistant Secretary for Minority Health, shall award grants to eligible entities for the purpose of providing technical assistance and training regarding the effective development and implementation of integrated interprofessional health care teams that provide behavioral health care. (b) Eligible entities To be eligible to receive a grant under this section, an entity shall be a federally qualified health center (as defined in section 1861(aa) of the Social Security Act) serving a high proportion of individuals from racial and ethnic minority groups (as defined in section 1707(g)). (c) Authorization of appropriations To carry out this section, there is authorized to be appropriated $20,000,000 for each of fiscal years 2014 through 2016. . 604. Addressing racial and ethnic minority mental health disparities research gaps Not later than 6 months after the date of the enactment of this Act, the Director of the National Institute on Minority Health and Health Disparities shall enter into an arrangement with the Institute of Medicine (or, if the Institute declines to enter into such an arrangement, another appropriate entity)— (1) to conduct a study with respect to mental and behavioral health disparities in racial and ethnic minority groups (as defined in section 1707(g) of the Public Health Service Act ( 42 U.S.C. 300u–6(g) ); and (2) to submit to the Congress a report on the results of such study, including— (A) a compilation of information on the dynamics of mental disorders in such racial and ethnic minority groups; (B) an identification of gaps in knowledge and research needs; and (C) recommendations for an interprofessional research agenda at the National Institutes of Health aimed at reducing and ultimately eliminating mental and behavioral health disparities in such racial and ethnic minority groups. 605. Health professions competencies to address racial and ethnic minority mental health disparities (a) In general The Secretary of Health and Human Services, acting through the Administrator of the Substance Abuse and Mental Health Services Administration, shall award grants to qualified national organizations for the purpose of developing, and disseminating to health professional educational programs, curricula or core competencies addressing mental health disparities among racial and ethnic minority groups. (b) Use of funds Organizations receiving funds under subsection (a) shall use the funds to develop and disseminate curricula or core competencies, as described in such subsection, for use in the training of students in the professions of social work, psychology, psychiatry, marriage and family therapy, mental health counseling, and substance abuse counseling. (c) Allowable activities Organizations receiving funds under subsection (a) may use the funds to engage in the following activities related to the development and dissemination of curricula or core competencies: (1) Formation of committees or working groups comprised of experts from accredited health professions schools to identify core competencies relating to mental health disparities among racial and ethnic minority groups. (2) Planning of workshops in national fora to allow for public input into the educational needs associated with mental health disparities among racial and ethnic minority groups. (3) Dissemination and promotion of the use of curricula or core competencies in undergraduate and graduate health professions training programs nationwide. (d) Definitions In this section: (1) The term qualified national organization means a national organization that focuses on the education of students in programs of social work, psychology, psychiatry, and marriage and family therapy. (2) The term racial and ethnic minority group has the meaning given to such term in section 1707(g) of the Public Health Service Act (42 U.S.C. 300u–6(g)). (e) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2014 through 2018. VII ADDRESSING HIGH IMPACT MINORITY DISEASES A Cancer 701. Lung cancer mortality reduction (a) Short title This section may be cited as the Lung Cancer Mortality Reduction Act of 2014 . (b) Findings Congress makes the following findings: (1) Lung cancer is the leading cause of cancer death for both men and women, accounting for 28 percent of all cancer deaths. (2) Lung cancer kills more people annually than breast cancer, prostate cancer, colon cancer, liver cancer, melanoma, and kidney cancer combined. (3) Since the National Cancer Act of 1971 ( Public Law 92–218 ; 85 Stat. 778), coordinated and comprehensive research has raised the 5-year survival rates for breast cancer to 88 percent, for prostate cancer to 99 percent, and for colon cancer to 64 percent. (4) However, the 5-year survival rate for lung cancer is still only 15 percent and a similar coordinated and comprehensive research effort is required to achieve increases in lung cancer survivability rates. (5) Sixty percent of lung cancer cases are now diagnosed nonsmokers or former smokers. (6) Two-thirds of nonsmokers diagnosed with lung cancer are women. (7) Certain minority populations, such as African-American males, have disproportionately high rates of lung cancer incidence and mortality, notwithstanding their similar smoking rate. (8) Members of the baby boomer generation are entering their sixties, the most common age at which people develop lung cancer. (9) Tobacco addiction and exposure to other lung cancer carcinogens such as Agent Orange and other herbicides and battlefield emissions are serious problems among military personnel and war veterans. (10) Significant and rapid improvements in lung cancer mortality can be expected through greater use and access to lung cancer screening tests for at-risk individuals. (11) Additional strategies are necessary to further enhance the existing tests and therapies available to diagnose and treat lung cancer in the future. (12) The August 2001 Report of the Lung Cancer Progress Review Group of the National Cancer Institute stated that funding for lung cancer research was far below the levels characterized for other common malignancies and far out of proportion to its massive health impact . (13) The Report of the Lung Cancer Progress Review Group identified as its highest priority the creation of integrated, multidisciplinary, multi-institutional research consortia organized around the problem of lung cancer rather than around specific research disciplines. (14) The United States must enhance its response to the issues raised in the Report of the Lung Cancer Progress Review Group, and this can be accomplished through the establishment of a coordinated effort designed to reduce the lung cancer mortality rate by 50 percent by 2015 and targeted funding to support this coordinated effort. (c) Sense of Congress concerning investment in lung cancer research It is the sense of the Congress that— (1) lung cancer mortality reduction should be made a national public health priority; and (2) a comprehensive mortality reduction program coordinated by the Secretary of Health and Human Services is justified and necessary to adequately address and reduce lung cancer mortality. (d) Lung Cancer Mortality Reduction Program (1) In General Subpart 1 of part C of title IV of the Public Health Service Act ( 42 U.S.C. 285 et seq. ) is amended by adding at the end the following: 417H. Lung Cancer Mortality Reduction Program (a) In General Not later than 6 months after the date of the enactment of this section, the Secretary, in consultation with the Secretary of Defense, the Secretary of Veterans Affairs, the Director of the National Institutes of Health, the Director of the Centers for Disease Control and Prevention, the Commissioner of Food and Drugs, the Administrator of the Centers for Medicare & Medicaid Services, the Director of the National Institute on Minority Health and Health Disparities, and other members of the Lung Cancer Advisory Board established under section 701 of the Health Equity and Accountability Act of 2014, shall implement a comprehensive program, to be known as the Lung Cancer Mortality Reduction Program, to achieve a reduction of at least 25 percent in the mortality rate of lung cancer by 2020. (b) Requirements The Program shall include at least the following: (1) With respect to the National Institutes of Health— (A) a strategic review and prioritization by the National Cancer Institute of research grants to achieve the goal of the Lung Cancer Mortality Reduction Program in reducing lung cancer mortality; (B) the provision of funds to enable the Airway Biology and Disease Branch of the National Heart, Lung, and Blood Institute to expand its research programs to include predispositions to lung cancer, the interrelationship between lung cancer and other pulmonary and cardiac disease, and the diagnosis and treatment of these interrelationships; (C) the provision of funds to enable the National Institute of Biomedical Imaging and Bioengineering to expedite the development of computer-assisted diagnostic, surgical, treatment, and drug-testing innovations to reduce lung cancer mortality, such as through expansion of the Institute’s Quantum Grant Program and Image-Guided Interventions programs; and (D) the provision of funds to enable the National Institute of Environmental Health Sciences to implement research programs relative to the lung cancer incidence. (2) With respect to the Food and Drug Administration— (A) activities under section 530 of the Federal Food, Drug, and Cosmetic Act; and (B) activities under section 561 of the Federal Food, Drug, and Cosmetic Act to expand access to investigational drugs and devices for the diagnosis, monitoring, or treatment of lung cancer. (3) With respect to the Centers for Disease Control and Prevention, the establishment of an early disease research and management program under section 1511. (4) With respect to the Agency for Healthcare Research and Quality, the conduct of a biannual review of lung cancer screening, diagnostic, and treatment protocols, and the issuance of updated guidelines. (5) The cooperation and coordination of all minority and health disparity programs within the Department of Health and Human Services to ensure that all aspects of the Lung Cancer Mortality Reduction Program under this section adequately address the burden of lung cancer on minority and rural populations. (6) The cooperation and coordination of all tobacco control and cessation programs within agencies of the Department of Health and Human Services to achieve the goals of the Lung Cancer Mortality Reduction Program under this section with particular emphasis on the coordination of drug and other cessation treatments with early detection protocols. . (2) Federal Food, Drug, and Cosmetic Act Subchapter B of chapter V of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360aaa et seq. ) is amended by adding at the end the following: 530. Drugs relating to lung cancer (a) In general The provisions of this subchapter shall apply to a drug described in subsection (b) to the same extent and in the same manner as such provisions apply to a drug for a rare disease or condition. (b) Qualified drugs A drug described in this subsection is— (1) a chemoprevention drug for precancerous conditions of the lung; (2) a drug for targeted therapeutic treatments, including any vaccine, for lung cancer; and (3) a drug to curtail or prevent nicotine addiction. (c) Board The Board established under the Health Equity and Accountability Act of 2014 shall monitor the program implemented under this section. . (3) Access to Unapproved Therapies Section 561(e) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb(e) ) is amended by inserting before the period the following: and shall include expanding access to drugs under section 530, with substantial consideration being given to whether the totality of information available to the Secretary regarding the safety and effectiveness of an investigational drug, as compared to the risk of morbidity and death from the disease, indicates that a patient may obtain more benefit than risk if treated with the drug . (4) CDC Title XV of the Public Health Service Act ( 42 U.S.C. 300k et seq. ) is amended by adding at the end the following: 1511. Early disease research and management program The Secretary shall establish and implement an early disease research and management program targeted at the high incidence and mortality rates of lung cancer among minority and low-income populations. . (e) Department of defense and the department of veterans affairs The Secretary of Defense and the Secretary of Veterans Affairs shall coordinate with the Secretary of Health and Human Services— (1) in the development of the Lung Cancer Mortality Reduction Program under section 417H; (2) in the implementation within the Department of Defense and the Department of Veterans Affairs of an early detection and disease management research program for military personnel and veterans whose smoking history and exposure to carcinogens during active duty service has increased their risk for lung cancer; and (3) in the implementation of coordinated care programs for military personnel and veterans diagnosed with lung cancer. (f) Lung cancer advisory board (1) In General The Secretary of Health and Human Services shall convene a Lung Cancer Advisory Board (referred to in this section as the Board )— (A) to monitor the programs established under this section (and the amendments made by this section); and (B) to provide annual reports to the Congress concerning benchmarks, expenditures, lung cancer statistics, and the public health impact of such programs. (2) Composition The Board shall be composed of— (A) the Secretary of Health and Human Services; (B) the Secretary of Defense; (C) the Secretary of Veterans Affairs; and (D) two representatives each from the fields of clinical medicine focused on lung cancer, lung cancer research, imaging, drug development, and lung cancer advocacy, to be appointed by the Secretary of Health and Human Services. (g) Authorization of appropriations (1) In general To carry out this section (and the amendments made by this section), there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2015 through 2019. (2) Lung Cancer Mortality Reduction Program Of the amounts authorized to be appropriated by subsection (a), there are authorized to be appropriated— (A) $25,000,000 for fiscal year 2015, and such sums as may be necessary for each of fiscal years 2016 through 2019, for the activities described in section 417H(b)(1)(B) of the Public Health Service Act, as added by subsection (d)(1); (B) $25,000,000 for fiscal year 2015, and such sums as may be necessary for each of fiscal years 2016 through 2019, for the activities described in section 417H(b)(1)(C) of such Act; (C) $10,000,000 for fiscal year 2015, and such sums as may be necessary for each of fiscal years 2016 through 2019, for the activities described in section 417H(b)(1)(D) of such Act; and (D) $15,000,000 for fiscal year 2015, and such sums as may be necessary for each of fiscal years 2016 through 2019, for the activities described in section 417H(b)(3) of such Act. 702. Expanding prostate cancer research, outreach, screening, testing, access, and treatment effectiveness (a) Short Title This section may be cited as the Prostate Research, Outreach, Screening, Testing, Access, and Treatment Effectiveness Act of 2014 or the PROSTATE Act . (b) Findings Congress makes the following findings: (1) Prostate cancer is the second leading cause of cancer death among men. (2) In 2010, more than 217,730 new patients were diagnosed with prostate cancer and more than 32,000 men died from this disease. (3) Roughly 2,000,000 Americans are living with a diagnosis of prostate cancer and its consequences. (4) While prostate cancer generally affects older individuals, younger men are also at risk for the disease, and when prostate cancer appears in early middle age it frequently takes on a more aggressive form. (5) There are significant racial and ethnic disparities that demand attention, namely African-Americans have prostate cancer mortality rates that are more than double those in the White population. (6) Underserved rural populations have higher rates of mortality compared to their urban counterparts, and innovative and cost-efficient methods to improve rural access to high quality care should take advantage of advances in telehealth to diagnose and treat prostate cancer when appropriate. (7) Certain veterans populations may have nearly twice the incidence of prostate cancer as the general population of the United States. (8) Urologists may constitute the specialists who diagnose and treat the vast majority of prostate cancer patients. (9) Although much basic and translational research has been completed and much is currently known, there are still many unanswered questions. For example, it is not fully understood how much of known disparities are attributable to disease etiology, access to care, or education and awareness in the community. (10) Causes of prostate cancer are not known. There is not good information regarding how to differentiate accurately, early on, between aggressive and indolent forms of the disease. As a result, there is significant overtreatment in prostate cancer. There are no treatments that can durably arrest growth or cure prostate cancer once it has metastasized. (11) A significant proportion (roughly 23 to 54 percent) of cases may be clinically indolent and overdiagnosed , resulting in significant overtreatment. More accurate tests will allow men and their families to face less physical, psychological, financial, and emotional trauma and billions of dollars could be saved in private and public health care systems in an area that has been identified by the Medicare Program as one of eight high-volume, high-cost areas in the Resource Utilization Report Program authorized by Congress under the Medicare Improvements for Patients and Providers Act of 2008. (12) Prostate cancer research and health care programs across Federal agencies should be coordinated to improve accountability and actively encourage the translation of research into practice, to identify and implement best practices, in order to foster an integrated and consistent focus on effective prevention, diagnosis, and treatment of this disease. (c) Prostate cancer coordination and education (1) Interagency prostate cancer coordination and education task force Not later than 180 days after the date of the enactment of this section, the Secretary of Veterans Affairs, in cooperation with the Secretary of Defense and the Secretary of Health and Human Services, shall establish an Interagency Prostate Cancer Coordination and Education Task Force (in this section referred to as the Prostate Cancer Task Force ). (2) Duties The Prostate Cancer Task Force shall— (A) develop a summary of advances in prostate cancer research supported or conducted by Federal agencies relevant to the diagnosis, prevention, and treatment of prostate cancer, including psychosocial impairments related to prostate cancer treatment, and compile a list of best practices that warrant broader adoption in health care programs; (B) consider establishing, and advocating for, a guidance to enable physicians to allow screening of men who are over age 74, on a case-by-case basis, taking into account quality of life and family history of prostate cancer; (C) share and coordinate information on Federal research and health care program activities, including activities related to— (i) determining how to improve research and health care programs, including psychosocial impairments related to prostate cancer treatment; (ii) identifying any gaps in the overall research inventory and in health care programs; (iii) identifying opportunities to promote translation of research into practice; and (iv) maximizing the effects of Federal efforts by identifying opportunities for collaboration and leveraging of resources in research and health care programs that serve those susceptible to or diagnosed with prostate cancer; (D) develop a comprehensive interagency strategy and advise relevant Federal agencies in the solicitation of proposals for collaborative, multidisciplinary research and health care programs, including proposals to evaluate factors that may be related to the etiology of prostate cancer, that would— (i) result in innovative approaches to study emerging scientific opportunities or eliminate knowledge gaps in research to improve the prostate cancer research portfolio of the Federal Government; (ii) outline key research questions, methodologies, and knowledge gaps; and (iii) ensure consistent action, as outlined by section 402(b) of the Public Health Service Act; (E) develop a coordinated message related to screening and treatment for prostate cancer to be reflected in educational and beneficiary materials for Federal health programs as such documents are updated; and (F) not later than 2 years after the date of the establishment of the Prostate Cancer Task Force, submit to the Expert Advisory Panel to be reviewed and returned within 30 days, and then within 90 days submitted to Congress recommendations— (i) regarding any appropriate changes to research and health care programs, including recommendations to improve the research portfolio of the Department of Veterans Affairs, Department of Defense, National Institutes of Health, and other Federal agencies to ensure that scientifically based strategic planning is implemented in support of research and health care program priorities; (ii) designed to ensure that the research and health care programs and activities of the Department of Veterans Affairs, the Department of Defense, the Department of Health and Human Services, and other Federal agencies are free of unnecessary duplication; (iii) regarding public participation in decisions relating to prostate cancer research and health care programs to increase the involvement of patient advocates, community organizations, and medical associations representing a broad geographical area; (iv) on how to best disseminate information on prostate cancer research and progress achieved by health care programs; (v) about how to expand partnerships between public entities, including Federal agencies, and private entities to encourage collaborative, cross-cutting research and health care delivery; (vi) assessing any cost savings and efficiencies realized through the efforts identified and supported in this section and recommending expansion of those efforts that have proved most promising while also ensuring against any conflicts in directives from other congressional or statutory mandates or enabling statutes; (vii) identifying key priority action items from among the recommendations; and (viii) with respect to the level of funding needed by each agency to implement the recommendations contained in the report. (3) Members of the Prostate Cancer Task Force The Prostate Cancer Task Force described in subsection (a) shall be composed of representatives from such Federal agencies, as each Secretary determines necessary, to coordinate a uniform message relating to prostate cancer screening and treatment where appropriate, including representatives of the following: (A) The Department of Veterans Affairs, including representatives of each relevant program areas of the Department of Veterans Affairs. (B) The Prostate Cancer Research Program of the Congressionally Directed Medical Research Program of the Department of Defense. (C) The Department of Health and Human Services, including at a minimum representatives of the following: (i) The National Institutes of Health. (ii) National research institutes and centers, including the National Cancer Institute, the National Institute of Allergy and Infectious Diseases, and the Office of Minority Health. (iii) The Centers for Medicare & Medicaid Services. (iv) The Food and Drug Administration. (v) The Centers for Disease Control and Prevention. (vi) The Agency for Healthcare Research and Quality. (vii) The Health Resources and Services Administration. (4) Appointing expert advisory panels The Prostate Cancer Task Force shall appoint expert advisory panels, as determined appropriate, to provide input and concurrence from individuals and organizations from the medical, prostate cancer patient and advocate, research, and delivery communities with expertise in prostate cancer diagnosis, treatment, and research, including practicing urologists, primary care providers, and others and individuals with expertise in education and outreach to underserved populations affected by prostate cancer. (5) Meetings The Prostate Cancer Task Force shall convene not less than twice a year, or more frequently as the Secretary determines to be appropriate. (6) Submission of recommendations to Congress The Secretary of Veterans Affairs shall submit to Congress any recommendations submitted to the Secretary under paragraph (2)(E). (7) Federal Advisory Committee Act (A) In general Except as provided in subparagraph (B), the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Prostate Cancer Task Force. (B) Exception Section 14(a)(2)(B) of such Act (relating to the termination of advisory committees) shall not apply to the Prostate Cancer Task Force. (8) Sunset Date The Prostate Cancer Task Force shall terminate at the end of fiscal year 2019. (d) Prostate cancer research (1) Research coordination The Secretary of Veterans Affairs, in coordination with the Secretaries of Defense and of Health and Human Services, shall establish and carry out a program to coordinate and intensify prostate cancer research as needed. Specifically, such research program shall— (A) develop advances in diagnostic and prognostic methods and tests, including biomarkers and an improved prostate cancer screening blood test, including improvements or alternatives to the prostate specific antigen test and additional tests to distinguish indolent from aggressive disease; (B) better understand the etiology of the disease (including an analysis of lifestyle factors proven to be involved in higher rates of prostate cancer, such as obesity and diet, and in different ethnic, racial, and socioeconomic groups, such as the African-American, Latino or Hispanic, and American Indian populations and men with a family history of prostate cancer) to improve prevention efforts; (C) expand basic research into prostate cancer, including studies of fundamental molecular and cellular mechanisms; (D) identify and provide clinical testing of novel agents for the prevention and treatment of prostate cancer; (E) establish clinical registries for prostate cancer; (F) use the National Institute of Biomedical Imaging and Bioengineering and the National Cancer Institute for assessment of appropriate imaging modalities; and (G) address such other matters relating to prostate cancer research as may be identified by the Federal agencies participating in the program under this section. (2) Prostate Cancer Advisory Board There is established in the Office of the Chief Scientist of the Food and Drug Administration a Prostate Cancer Scientific Advisory Board. Such board shall be responsible for accelerating real-time sharing of the latest research data and accelerating movement of new medicines to patients. (3) Underserved minority grant program In carrying out such program, the Secretary shall— (A) award grants to eligible entities to carry out components of the research outlined in paragraph (1); (B) integrate and build upon existing knowledge gained from comparative effectiveness research; and (C) recognize and address— (i) the racial and ethnic disparities in the incidence and mortality rates of prostate cancer and men with a family history of prostate cancer; (ii) any barriers in access to care and participation in clinical trials that are specific to racial, ethnic, and other underserved minorities and men with a family history of prostate cancer; (iii) needed outreach and educational efforts to raise awareness in these communities; and (iv) appropriate access and utilization of imaging modalities. (e) Telehealth and rural access pilot project (1) In general The Secretary of Veterans Affairs, the Secretary of Defense, and the Secretary of Health and Human Services (in this section referred to as the Secretaries ) shall establish 4-year telehealth pilot projects for the purpose of analyzing the clinical outcomes and cost effectiveness associated with telehealth services in a variety of geographic areas that contain high proportions of medically underserved populations, including African-Americans, Latino or Hispanic, American Indians/Alaska Natives, and those in rural areas. Such projects shall promote efficient use of specialist care through better coordination of primary care and physician extender teams in underserved areas and more effectively employ tumor boards to better counsel patients. (2) Eligible entities (A) In general The Secretaries shall select eligible entities to participate in the pilot projects under this section. (B) Priority In selecting eligible entities to participate in the pilot projects under this section, the Secretaries shall give priority to such entities located in medically underserved areas, particularly those that include African-Americans, Latinos and Hispanics, and facilities of the Indian Health Service, including Indian Health Service operated facilities, tribally operated facilities, and Urban Indian Clinics, and those in rural areas. (3) Evaluation The Secretaries shall, through the pilot projects, evaluate— (A) the effective and economic delivery of care in diagnosing and treating prostate cancer with the use of telehealth services in medically underserved and tribal areas including collaborative uses of health professionals and integration of the range of telehealth and other technologies; (B) the effectiveness of improving the capacity of nonmedical providers and nonspecialized medical providers to provide health services for prostate cancer in medically underserved and tribal areas, including the exploration of innovative medical home models with collaboration between urologists, other relevant medical specialists, including oncologists, radiologists, and primary care teams and coordination of care through the efficient use of primary care teams and physician extenders; and (C) the effectiveness of using telehealth services to provide prostate cancer treatment in medically underserved areas, including the use of tumor boards to facilitate better patient counseling. (4) Report Not later than 12 months after the completion of the pilot projects under this subsection, the Secretaries shall submit to Congress a report describing the outcomes of such pilot projects, including any cost savings and efficiencies realized, and providing recommendations, if any, for expanding the use of telehealth services. (f) Education and awareness (1) In general The Secretary of Veterans Affairs shall develop a national education campaign for prostate cancer. Such campaign shall involve the use of written educational materials and public service announcements consistent with the findings of the Prostate Cancer Task Force under subsection (c), that are intended to encourage men to seek prostate cancer screening when appropriate. (2) Racial disparities and the population of men with a family history of prostate cancer In developing the national campaign under paragraph (1), the Secretary shall ensure that such educational materials and public service announcements are more readily available in communities experiencing racial disparities in the incidence and mortality rates of prostate cancer and by men of any race classification with a family history of prostate cancer. (3) Grants In carrying out the national campaign under this section, the Secretary shall award grants to nonprofit private entities to enable such entities to test alternative outreach and education strategies. (g) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section for the period of fiscal years 2015 through 2019 an amount equal to the savings described in paragraph (2). (2) Corresponding reduction The amount authorized to be appropriated by provisions of law other than this section for the period of fiscal years 2015 through 2019 for Federal research and health care program activities related to prostate cancer is reduced by the amount of Federal savings projected to be achieved over such period by implementation of subsection (c)(2)(C) of this section. 703. Improved Medicaid coverage for certain breast and cervical cancer patients in the territories (a) Elimination of funding limitations (1) In general Section 1108(g)(4) of the Social Security Act ( 42 U.S.C. 1308(g)(4) ) is amended by adding at the end the following: With respect to fiscal years beginning with fiscal year 2015, payment for medical assistance for individuals who are eligible for such assistance only on the basis of section 1902(a)(10)(A)(ii)(XVIII) shall not be taken into account in applying subsection (f) (as increased in accordance with paragraphs (1), (2), (3), and (5) of this subsection) to such commonwealth or territory for such fiscal year. . (2) Technical amendment Such section is further amended by striking (3), and (4) and inserting (3), and (5) . (b) Application of enhanced FMAP for highest State Section 1905(b) of such Act ( 42 U.S.C. 1396d(b) ) is amended by adding at the end the following: Notwithstanding the first sentence of this subsection, with respect to medical assistance described in clause (4) of such sentence that is furnished in Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, or American Samoa in a fiscal year, the Federal medical assistance percentage is equal to the highest such percentage applied under such clause for such fiscal year for any of the 50 States or the District of Columbia that provides such medical assistance for any portion of such fiscal year. (c) Effective date The amendments made by this section shall apply to payment for medical assistance for items and services furnished on or after October 1, 2014. 704. Cancer prevention and treatment demonstration for ethnic and racial minorities (a) Demonstration (1) In general The Secretary of Health and Human Services (in this section referred to as the Secretary ) shall conduct demonstration projects (in this section referred to as demonstration projects ) for the purpose of developing models and evaluating methods that— (A) improve the quality of items and services provided to target individuals in order to facilitate reduced disparities in early detection and treatment of cancer; (B) improve clinical outcomes, satisfaction, quality of life, appropriate use of items and services covered under the Medicare Program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ), and referral patterns with respect to target individuals with cancer; (C) eliminate disparities in the rate of preventive cancer screening measures, such as Pap smears, prostate cancer screenings, colon cancer screenings, breast cancer screenings, and computed tomography (CT) scans, for lung cancer among target individuals; (D) promote collaboration with community-based organizations to ensure cultural competency of health care professionals and linguistic access for target individuals who are persons with limited-English proficiency; and (E) encourage the incorporation of community health workers to increase the efficiency and appropriateness of cancer screening programs. (2) Community health worker defined In this section, the term community health worker includes a community health advocate, a lay health worker, a community health representative, a peer health promotor, a community health outreach worker, and a promotore de salud, who promotes health or nutrition within the community in which the individual resides. (3) Target individual defined In this section, the term target individual means an individual of a racial and ethnic minority group, as defined in section 1707(g)(1) of the Public Health Service Act ( 42 U.S.C. 300u–6(g)(1) ), who is entitled to benefits under part A, and enrolled under part B, of title XVIII of the Social Security Act. (b) Program design (1) Initial design Not later than 1 year after the date of the enactment of this Act, the Secretary shall evaluate best practices in the private sector, community programs, and academic research of methods that reduce disparities among individuals of racial and ethnic minority groups in the prevention and treatment of cancer and shall design the demonstration projects based on such evaluation. (2) Number and project areas Not later than 2 years after the date of the enactment of this Act, the Secretary shall implement at least nine demonstration projects, including the following: (A) Two projects, each of which shall target different ethnic subpopulations, for each of the four following major racial and ethnic minority groups: (i) American Indians and Alaska Natives, Eskimos and Aleuts. (ii) Asian-Americans. (iii) Blacks/African-Americans. (iv) Latinos or Hispanics. (v) Native Hawaiians and other Pacific Islanders. (B) One project within the Pacific Islands or United States insular areas. (C) At least one project each in a rural area and inner-city area. (3) Expansion of projects; implementation of demonstration project results If the initial report under subsection (c) contains an evaluation that demonstration projects— (A) reduce expenditures under the Medicare Program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.); or (B) do not increase expenditures under the Medicare Program and reduce racial and ethnic health disparities in the quality of health care services provided to target individuals and increase satisfaction of Medicare beneficiaries and health care providers; the Secretary shall continue the existing demonstration projects and may expand the number of demonstration projects. (c) Report to congress (1) In general Not later than 2 years after the date the Secretary implements the initial demonstration projects, and biannually thereafter, the Secretary shall submit to Congress a report regarding the demonstration projects. (2) Contents of report Each report under paragraph (1) shall include the following: (A) A description of the demonstration projects. (B) An evaluation of— (i) the cost effectiveness of the demonstration projects; (ii) the quality of the health care services provided to target individuals under the demonstration projects; and (iii) beneficiary and health care provider satisfaction under the demonstration projects. (C) Any other information regarding the demonstration projects that the Secretary determines to be appropriate. (d) Waiver authority The Secretary shall waive compliance with the requirements of title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ) to such extent and for such period as the Secretary determines is necessary to conduct demonstration projects. 705. Reducing cancer disparities within Medicare (a) Development of measures of disparities in quality of cancer care (1) Development of measures The Secretary of Health and Human Services (in this section referred to as the Secretary ) shall enter into an agreement with an entity that specializes in developing quality measures for cancer care under which the entity shall develop a uniform set of measures to evaluate disparities in the quality of cancer care and annually update such set of measures. (2) Measures to be included Such set of measures shall include, with respect to the treatment of cancer, measures of patient outcomes, the process for delivering medical care related to such treatment, patient counseling and engagement in decisionmaking, patient experience of care, resource use, and practice capabilities, such as care coordination. (b) Establishment of reporting process (1) In general The Secretary shall establish a reporting process that requires and provides for a method for health care providers specified under paragraph (2) to submit to the Secretary and make public data on the performance of such providers during each reporting period through use of the measures developed pursuant to subsection (a). Such data shall be submitted in a form and manner and at a time specified by the Secretary. (2) Specification of providers to report on measures The Secretary shall specify the classes of Medicare providers of services and suppliers, including hospitals, cancer centers, physicians, primary care providers, and specialty providers, that will be required under such process to publicly report on the measures specified under subsection (a). (3) Assessment of changes Under such reporting process, the Secretary shall establish a format that assesses changes in both the absolute and relative disparities in cancer care over time. These measures shall be presented in an easily comprehensible format, such as those presented in the final publications relating to Healthy People 2010 or the National Healthcare Disparities Report. (4) Initial implementation The Secretary shall implement the reporting process under this subsection for reporting periods beginning not later than 6 months after the date that measures are first established under subsection (a). B Viral Hepatitis and Liver Cancer Control and Prevention 711. Viral hepatitis and liver cancer control and prevention (a) Short title This subtitle may be cited as the Viral Hepatitis and Liver Cancer Control and Prevention Act of 2014 . (b) Findings Congress finds the following: (1) Approximately 5,300,000 Americans are chronically infected with the hepatitis B virus (referred to in this section as HBV ), the hepatitis C virus (referred to in this section as HCV ), or both. (2) In the United States, chronic HBV and HCV are the most common cause of liver cancer, one of the most lethal and fastest growing cancers in this country. It is the most common cause of chronic liver disease, liver cirrhosis, and the most common indication for liver transplantation. At least 15,000 deaths per year in the United States can be attributed to chronic HBV and HCV. Chronic HCV is also a leading cause of death in Americans living with HIV/AIDS, many of those living with HIV/AIDS are coinfected with chronic HBV, chronic HCV, or both. (3) According to the Centers for Disease Control and Prevention (referred to in this section as the CDC ), approximately 2 percent of the population of the United States is living with chronic HBV, chronic HCV, or both. The CDC has recognized HCV as the Nation’s most common chronic bloodborne virus infection and HBV as the deadliest vaccine-preventable disease. (4) HBV is easily transmitted and is 100 times more infectious than HIV. According to the CDC, HBV is transmitted through contact with infectious blood, semen, or other body fluids. HCV is transmitted by contact with infectious blood, particularly through percutaneous exposures (i.e. puncture through the skin). (5) The CDC conservatively estimates that in 2010 approximately 17,000 Americans were newly infected with HCV and more than 35,000 Americans were newly infected with HBV. These estimates could be much higher due to many reasons, including lack of screening education and awareness, and perceived marginalization of the populations at risk. (6) In 2012, CDC released new guidelines recommending every person born between 1945 and 1965 receive a one-time test. Among the estimated 102 million (1.6 million chronically HCV-infected) eligible for screening, birth-cohort screening leads to 84,000 fewer cases of decompensated cirrhosis, 46,000 fewer cases of hepatocellular carcinoma, 10,000 fewer liver transplants, and 78,000 fewer HCV-related deaths gained versus risk-based screening. (7) In 2013, the United States Preventive Task Force (USPSTF) issued a Grade B rating for screening for the hepatitis C virus (HCV) infection in persons at high risk for infection and adults born between 1945 and 1965. In 2014, the USPSTF issued a Grade B for screening for the hepatitis B virus (HBV) in persons at high-risk of hepatitis B infection. In 2009, the USPSTF issued a Grade A for screening pregnant women for the hepatitis B virus (HBV) during their first prenatal visit. (8) There were 35 outbreaks (19 of HBV, 16 of HCV) reported to CDC for investigation from 2008 through 2012 related to health care acquired infection of HBV and HCV, 33 of which occurred in nonhospital settings. There were more than 99,975 patients potentially exposed to one of the viruses. (9) Chronic HBV and chronic HCV usually do not cause symptoms early in the course of the disease, but after many years of a clinically silent phase, CDC estimates show more than 33 percent of infected individuals will develop cirrhosis, end-stage liver disease, or liver cancer. Since most individuals with chronic HBV, HCV, or both are unaware of their infection, they do not know to take precautions to prevent the spread of their infection and can unknowingly exacerbate their own disease progression. (10) HBV and HCV disproportionately affect certain populations in the United States. Although representing only 6 percent of the population, Asian-Americans and Pacific Islanders account for over half of the 1,400,000 domestic chronic HBV cases. Baby boomers (those born between 1945 and 1965) account for more than half of domestic chronic hepatitis C cases. In addition, African-Americans, Latinos (Latinas), and American Indian/Native Alaskans are among the groups which have disproportionately high rates of HBV and/or HCV infections in the United States. (11) For both chronic HBV and chronic HCV, behavioral changes can slow disease progression if diagnosis is made early. Early diagnosis, which is determined through simple blood tests, can reduce the risk of transmission and disease progression through education and vaccination of household members and other susceptible persons at risk. (12) Advancements have led to the development of improved diagnostic tests for viral hepatitis. These tests, including rapid, point of care testing and others in development, can facilitate testing, notification of results and post-test counseling, and referral to care at the time of the testing visit. In particular, these tests are also advantageous because they can be used simultaneously with HIV rapid testing for persons at risk for both HCV and HIV infections. (13) For those chronically infected with HBV or HCV, regular monitoring can lead to the early detection of liver cancer at a stage where a cure is still possible. Liver cancer is the second deadliest cancer in the United States; however, liver cancer has received little funding for research, prevention, or treatment. (14) Treatment for chronic HCV can eradicate the disease in approximately 75 percent of those currently treated. The treatment of chronic HBV can effectively suppress viral replication in the overwhelming majority (over 80 percent) of those treated, thereby reducing the risk of transmission and progression to liver scarring or liver cancer, even though a complete cure is much less common than for HCV. (15) To combat the viral hepatitis epidemic in the United States, in May 2011, the Department of Health and Human Services released Combating the Silent Epidemic of Viral Hepatitis: Action Plan for the Prevention, Care & Treatment of Viral Hepatitis (hereafter referred to as the HHS Action Plan). The Institute of Medicine (IOM) of the National Academies produced a 2010 report on the Federal response to HBV and HCV titled: Hepatitis and Liver Cancer: A National Strategy for Prevention and Control of Hepatitis B and C . These recommendations and guidelines provide a framework for HBV and HCV prevention, education, control, research, and medical management programs. (16) The annual health care costs attributable to HBV and HCV in the United States are significant. For HBV, it is estimated to be approximately $2,500,000,000 ($2,000 per infected person). In 2000, the lifetime cost of HBV—-before the availability of most current therapies—-was approximately $80,000 per chronically infected person, totaling more than $100,000,000,000. For HCV, medical costs for patients are expected to increase from $30,000,000,000 in 2009 to over $85,000,000,000 in 2024. Avoiding these costs by screening and diagnosing individuals earlier—and connecting them to appropriate treatment and care, will save lives and critical health care dollars. Currently, without a comprehensive screening, testing, and diagnosis program, most patients are diagnosed too late when they need a liver transplant costing at least $314,000 for uncomplicated cases or when they have liver cancer or end stage liver disease which costs $30,980 to $110,576 per hospital admission. As health care costs continue to grow, it is critical that the Federal Government invests in effective mechanisms to avoid documented cost drivers. (17) According to the IOM report in 2010 (described in paragraph (15)), chronic HBV and HCV infections cause substantial morbidity and mortality despite being preventable and treatable. Deficiencies in the implementation of established guidelines for the prevention, diagnosis, and medical management of chronic HBV and HCV infections perpetuate personal and economic burdens. Existing grants are not sufficient for the scale of the health burden presented by HBV and HCV. (18) Screening and testing for HBV and HCV is aligned with the Healthy People 2020 goal to increase immunization rates and reduce preventable infectious diseases. Awareness of disease and access to prevention and treatment remain essential components for reducing infectious disease transmission. (19) Federal support is necessary to increase knowledge and awareness of HBV and HCV and to assist State and local prevention and control efforts in reducing the morbidity and mortality of these epidemics. (20) The Secretary of Health and Human Services has the discretion to carry out this Act directly and through whichever of the agencies of the Public Health Service the Secretary determines to be appropriate, which may (in the Secretary’s discretion) include the Centers for Disease Control and Prevention, the Health Resources and Services Administration, the Substance Abuse and Mental Health Services Administration, the National Institutes of Health (including the National Institute on Minority Health and Health Disparities), and other agencies of such Service. (c) Biennial assessment of HHS hepatitis B and hepatitis C prevention, education, research, and medical management plan Title III of the Public Health Service Act ( 42 U.S.C. 241 et seq. ) is amended— (1) by striking section 317N ( 42 U.S.C. 247b–15 ); and (2) by adding at the end the following: W Biennial assessment of HHS Hepatitis B and Hepatitis C prevention, education, research, and medical management plan 399NN. Biennial Update of the Plan (a) In general The Secretary shall conduct a biennial assessment of the Secretary’s plan for the prevention, control, and medical management of, and education and research relating to, hepatitis B and hepatitis C, for the purposes of— (1) incorporating into such plan new knowledge or observations relating to hepatitis B and hepatitis C (such as knowledge and observations that may be derived from clinical, laboratory, and epidemiological research and disease detection, prevention, and surveillance outcomes); (2) addressing gaps in the coverage or effectiveness of the plan; and (3) evaluating and, if appropriate, updating recommendations, guidelines, or educational materials of the Centers for Disease Control and Prevention or the National Institutes of Health for health care providers or the public on viral hepatitis in order to be consistent with the plan. (b) Publication of notice of assessments Not later than October 1 of the first even-numbered year beginning after the date of the enactment of this part, and October 1 of each even-numbered year thereafter, the Secretary shall publish in the Federal Register a notice of the results of the assessments conducted under paragraph (1). Such notice shall include— (1) a description of any revisions to the plan referred to in subsection (a) as a result of the assessment; (2) an explanation of the basis for any such revisions, including the ways in which such revisions can reasonably be expected to further promote the original goals and objectives of the plan; and (3) in the case of a determination by the Secretary that the plan does not need revision, an explanation of the basis for such determination. 399NN–1. Elements of program (a) Education and awareness programs The Secretary, acting through the Director of the Centers for Disease Control and Prevention, the Administrator of the Health Resources and Services Administration, and the Administrator of the Substance Abuse and Mental Health Services Administration, and in accordance with the plan referred to in section 399NN(a), shall implement programs to increase awareness and enhance knowledge and understanding of hepatitis B and hepatitis C. Such programs shall include— (1) the conduct of culturally and language appropriate health education in primary and secondary schools, college campuses, public awareness campaigns, and community outreach activities (especially to the ethnic communities with high rates of chronic hepatitis B and chronic hepatitis C and other high-risk groups) to promote public awareness and knowledge about the value of hepatitis A and hepatitis B immunization, risk factors, the transmission and prevention of hepatitis B and hepatitis C, the value of screening for the early detection of hepatitis B and hepatitis C, and options available for the treatment of chronic hepatitis B and chronic hepatitis C; (2) the promotion of immunization programs that increase awareness and access to hepatitis A and hepatitis B vaccines for susceptible adults and children; (3) the training of health care professionals regarding the importance of vaccinating individuals infected with hepatitis C and individuals who are at risk for hepatitis C infection against hepatitis A and hepatitis B; (4) the training of health care professionals regarding the importance of vaccinating individuals chronically infected with hepatitis B and individuals who are at risk for chronic hepatitis B infection against the hepatitis A virus; (5) the training of health care professionals and health educators to make them aware of the high rates of chronic hepatitis B and chronic hepatitis C in certain adult ethnic populations, and the importance of prevention, detection, and medical management of hepatitis B and hepatitis C and of liver cancer screening; (6) the development and distribution of health education curricula (including information relating to the special needs of individuals infected with hepatitis B and hepatitis C, such as the importance of prevention and early intervention, regular monitoring, the recognition of psychosocial needs, appropriate treatment, and liver cancer screening) for individuals providing hepatitis B and hepatitis C counseling; and (7) support for the implementation curricula described in paragraph (6) by State and local public health agencies. (b) Immunization, prevention, and control programs (1) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall support the integration of activities described in paragraph (3) into existing clinical and public health programs at State, local, territorial, and tribal levels (including community health clinics, programs for the prevention and treatment of HIV/AIDS, sexually transmitted diseases, and substance abuse, and programs for individuals in correctional settings). (2) Coordination of development of Federal screening guidelines (A) References For purposes of this subsection, the term CDC Director means the Director of the Centers for Disease Control and Prevention, and the term AHRQ Director means the Director of the Agency for Healthcare Research and Quality. (B) Agency for healthcare research and quality Due to the rapidly evolving standard of care associated with diagnosing and treating viral hepatitis infection, the AHRQ Director shall convene the Preventive Services Task Force under section 915(a) of the Public Health Service Act to review its recommendation for screening for HBV and HCV infection every 3 years. (3) Activities (A) Voluntary testing programs (i) In general The Secretary shall establish a mechanism by which to support and promote the development of State, local, territorial, and tribal voluntary hepatitis B and hepatitis C testing programs to screen the high-prevalence populations to aid in the early identification of chronically infected individuals. (ii) Confidentiality of the test results The Secretary shall prohibit the use of the results of a hepatitis B or hepatitis C test conducted by a testing program developed or supported under this subparagraph for any of the following: (I) Issues relating to health insurance. (II) To screen or determine suitability for employment. (III) To discharge a person from employment. (B) Counseling regarding viral hepatitis The Secretary shall support State, local, territorial, and tribal programs in a wide variety of settings, including those providing primary and specialty health care services in nonprofit private and public sectors, to— (i) provide individuals with ongoing risk factors for hepatitis B and hepatitis C infection with client-centered education and counseling which concentrates on— (I) promoting testing of individuals that have been exposed to their blood, family members, and their sexual partners; and (II) changing behaviors that place individuals at risk for infection; (ii) provide individuals chronically infected with hepatitis B or hepatitis C with education, health information, and counseling to reduce their risk of— (I) dying from end-stage liver disease and liver cancer; and (II) transmitting viral hepatitis to others; and (iii) provide women chronically infected with hepatitis B or hepatitis C who are pregnant or of childbearing age with culturally and language appropriate health information, such as how to prevent hepatitis B perinatal infection, and to alleviate fears associated with pregnancy or raising a family. (C) Immunization The Secretary shall support State, local, territorial, and tribal efforts to expand the current vaccination programs to protect every child in the country and all susceptible adults, particularly those infected with hepatitis C and high-prevalence ethnic populations and other high-risk groups, from the risks of acute and chronic hepatitis B infection by— (i) ensuring continued funding for hepatitis B vaccination for all children 19 years of age or younger through the Vaccines for Children Program; (ii) ensuring that the recommendations of the Advisory Committee on Immunization Practices are followed regarding the birth dose of hepatitis B vaccinations for newborns; (iii) requiring proof of hepatitis B vaccination for entry into public or private daycare, preschool, elementary school, secondary school, and institutions of higher education; (iv) expanding the availability of hepatitis B vaccination for all susceptible adults to protect them from becoming acutely or chronically infected, including ethnic and other populations with high prevalence rates of chronic hepatitis B infection; (v) expanding the availability of hepatitis B vaccination for all susceptible adults, particularly those in their reproductive age (women and men less than 45 years of age), to protect them from the risk of hepatitis B infection; (vi) ensuring the vaccination of individuals infected, or at risk for infection, with hepatitis C against hepatitis A, hepatitis B, and other infectious diseases, as appropriate, for which such individuals may be at increased risk; and (vii) ensuring the vaccination of individuals infected, or at risk for infection, with hepatitis B against hepatitis A virus and other infectious diseases, as appropriate, for which such individuals may be at increased risk. (D) Medical referral The Secretary shall support State, local, territorial, and tribal programs that support— (i) referral of persons chronically infected with hepatitis B or hepatitis C— (I) for medical evaluation to determine the appropriateness for antiviral treatment to reduce the risk of progression to cirrhosis and liver cancer; and (II) for ongoing medical management including regular monitoring of liver function and screening for liver cancer; and (ii) referral of persons infected with acute or chronic hepatitis B infection or acute or chronic hepatitis C infection for drug and alcohol abuse treatment where appropriate. (4) Increased support for adult viral hepatitis coordinators The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall provide increased support to Adult Viral Hepatitis Coordinators in State, local, territorial, and tribal health departments in order to enhance the additional management, networking, and technical expertise needed to ensure successful integration of hepatitis B and hepatitis C prevention and control activities into existing public health programs. (c) Epidemiological surveillance (1) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall support the establishment and maintenance of a national chronic and acute hepatitis B and hepatitis C surveillance program, in order to identify— (A) trends in the incidence of acute and chronic hepatitis B and acute and chronic hepatitis C; (B) trends in the prevalence of acute and chronic hepatitis B and acute and chronic hepatitis C infection among groups that may be disproportionately affected; and (C) trends in liver cancer and end-stage liver disease incidence and deaths, caused by chronic hepatitis B and chronic hepatitis C in the high-risk ethnic populations. (2) Seroprevalence and liver cancer studies The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall prepare a report outlining the population-based seroprevalence studies currently underway, future planned studies, the criteria involved in determining which seroprevalence studies to conduct, defer, or suspend, and the scope of those studies, the economic and clinical impact of hepatitis B and hepatitis C, and the impact of chronic hepatitis B and chronic hepatitis C infections on the quality of life. Not later than one year after the date of the enactment of this part, the Secretary shall submit the report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. (3) Confidentiality The Secretary shall not disclose any individually identifiable information identified under paragraph (1) or derived through studies under paragraph (2). (d) Research The Secretary, acting through the Director of the Centers for Disease Control and Prevention, the Director of the National Cancer Institute, and the Director of the National Institutes of Health, shall— (1) conduct epidemiologic and community-based research to develop, implement, and evaluate best practices for hepatitis B and hepatitis C prevention especially in the ethnic populations with high rates of chronic hepatitis B and chronic hepatitis C and other high-risk groups; (2) conduct research on hepatitis B and hepatitis C natural history, pathophysiology, improved treatments and prevention (such as the hepatitis C vaccine), and noninvasive tests that help to predict the risk of progression to liver cirrhosis and liver cancer; (3) conduct research that will lead to better noninvasive or blood tests to screen for liver cancer, and more effective treatments of liver cancer caused by chronic hepatitis B and chronic hepatitis C; and (4) conduct research comparing the effectiveness of screening, diagnostic, management, and treatment approaches for chronic hepatitis B, chronic hepatitis C, and liver cancer in the affected communities. (e) Underserved and disproportionately affected populations In carrying out this section, the Secretary shall provide expanded support for individuals with limited access to health education, testing, and health care services and groups that may be disproportionately affected by hepatitis B and hepatitis C. (f) Evaluation of program The Secretary shall develop benchmarks for evaluating the effectiveness of the programs and activities conducted under this section and make determinations as to whether such benchmarks have been achieved. 399NN–2. Grants (a) In general The Secretary may award grants to, or enter into contracts or cooperative agreements with, States, political subdivisions of States, territories, Indian tribes, or nonprofit entities that have special expertise relating to hepatitis B, hepatitis C, or both, to carry out activities under this part. (b) Application To be eligible for a grant, contract, or cooperative agreement under subsection (a), an entity shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. 399NN–3. Authorization of appropriations There are authorized to be appropriated to carry out this part $90,000,000 for fiscal year 2015, $90,000,000 for fiscal year 2016, $110,000,000 for fiscal year 2017, $130,000,000 for fiscal year 2018, and $150,000,000 for fiscal year 2019. . (d) Enhancing SAMHSA’s role in hepatitis activities Paragraph (6) of section 501(d) of the Public Health Service Act ( 42 U.S.C. 290aa(d) ) is amended by striking HIV or tuberculosis and inserting HIV, tuberculosis, or hepatitis . C Acquired Bone Marrow Failure Diseases 721. Acquired bone marrow failure diseases (a) Short title This subtitle may be cited as the Bone Marrow Failure Disease Research and Treatment Act of 2014 . (b) Findings The Congress finds the following: (1) Between 20,000 and 30,000 Americans are diagnosed each year with myelodysplastic syndromes, aplastic anemia, paroxysmal nocturnal hemoglobinuria, and other acquired bone marrow failure diseases. (2) Acquired bone marrow failure diseases have a debilitating and often fatal impact on those diagnosed with these diseases. (3) While some treatments for acquired bone marrow failure diseases can prolong and improve the quality of patients’ lives, there is no single cure for these diseases. (4) The prevalence of acquired bone marrow failure diseases in the United States will continue to grow as the general public ages. (5) Evidence exists suggesting that acquired bone marrow failure diseases occur more often in minority populations, particularly in Asian-American and Latino or Hispanic populations. (6) The National Heart, Lung, and Blood Institute and the National Cancer Institute have conducted important research into the causes of and treatments for acquired bone marrow failure diseases. (7) The National Marrow Donor Program Registry has made significant contributions to the fight against bone marrow failure diseases by connecting millions of potential marrow donors with individuals and families suffering from these conditions. (8) Despite these advances, a more comprehensive Federal strategic effort among numerous Federal agencies is needed to discover a cure for acquired bone marrow failure disorders. (9) Greater Federal surveillance of acquired bone marrow failure diseases is needed to gain a better understanding of the causes of acquired bone marrow failure diseases. (10) The Federal Government should increase its research support for and engage with public and private organizations in developing a comprehensive approach to combat and cure acquired bone marrow failure diseases. (c) National Acquired Bone Marrow Failure Disease Registry Part B of the Public Health Service Act ( 42 U.S.C. 311 et seq. ) is amended by inserting after section 317W, as added, the following: 317X. National Acquired Bone Marrow Failure Disease Registry (a) Establishment of registry (1) In general Not later than 6 months after the date of the enactment of this section, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall— (A) develop a system to collect data on acquired bone marrow failure diseases; and (B) establish and maintain a national and publicly available registry, to be known as the National Acquired Bone Marrow Failure Disease Registry, in accordance with paragraph (3). (2) Recommendations of advisory committee In carrying out this subsection, the Secretary shall take into consideration the recommendations of the Advisory Committee on Acquired Bone Marrow Failure Diseases established under subsection (b). (3) Purposes of registry The National Acquired Bone Marrow Failure Disease Registry— (A) shall identify the incidence and prevalence of acquired bone marrow failure diseases in the United States; (B) shall be used to collect and store data on acquired bone marrow failure diseases, including data concerning— (i) the age, race or ethnicity, general geographic location, sex, and family history of individuals who are diagnosed with acquired bone marrow failure diseases, and any other characteristics of such individuals determined appropriate by the Secretary; (ii) the genetic and environmental factors that may be associated with developing acquired bone marrow failure diseases; (iii) treatment approaches for dealing with acquired bone marrow failure diseases; (iv) outcomes for individuals treated for acquired bone marrow failure diseases, including outcomes for recipients of stem cell therapeutic products as contained in the database established pursuant to section 379A; and (v) any other factors pertaining to acquired bone marrow failure diseases determined appropriate by the Secretary; and (C) shall be made available— (i) to the general public; and (ii) to researchers to facilitate further research into the causes of, and treatments for, acquired bone marrow failure diseases in accordance with standard practices of the Centers for Disease Control and Preventions. (b) Advisory committee (1) Establishment Not later than 6 months after the date of the enactment of this section, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall establish an advisory committee, to be known as the Advisory Committee on Acquired Bone Marrow Failure Diseases. (2) Members The members of the Advisory Committee on Acquired Bone Marrow Failure Diseases shall be appointed by the Secretary, acting through the Director of the Centers for Disease Control and Prevention, and shall include at least one representative from each of the following: (A) A national patient advocacy organization with experience advocating on behalf of patients suffering from acquired bone marrow failure diseases. (B) The National Institutes of Health, including at least one representative from each of— (i) the National Cancer Institute; (ii) the National Heart, Lung, and Blood Institute; and (iii) the Office of Rare Diseases. (C) The Centers for Disease Control and Prevention. (D) Clinicians with experience in— (i) diagnosing or treating acquired bone marrow failure diseases; and (ii) medical data registries. (E) Epidemiologists who have experience with data registries. (F) Publicly or privately funded researchers who have experience researching acquired bone marrow failure diseases. (G) The entity operating the C.W. Bill Young Cell Transplantation Program established pursuant to section 379 and the entity operating the C.W. Bill Young Cell Transplantation Program Outcomes Database. (3) Responsibilities The Advisory Committee on Acquired Bone Marrow Failure Diseases shall provide recommendations to the Secretary on the establishment and maintenance of the National Acquired Bone Marrow Failure Disease Registry, including recommendations on the collection, maintenance, and dissemination of data. (4) Public availability The Secretary shall make the recommendations of the Advisory Committee on Acquired Bone Marrow Failure Disease publicly available. (c) Grants The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may award grants to, and enter into contracts and cooperative agreements with, public or private nonprofit entities for the management of, as well as the collection, analysis, and reporting of data to be included in, the National Acquired Bone Marrow Failure Disease Registry. (d) Definition In this section, the term acquired bone marrow failure disease means— (1) myelodysplastic syndromes (MDS); (2) aplastic anemia; (3) paroxysmal nocturnal hemoglobinuria (PNH); (4) pure red cell aplasia; (5) acute myeloid leukemia that has progressed from myelodysplastic syndromes; or (6) large granular lymphocytic leukemia. (e) Authorization of appropriations There is authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2015 through 2019. . (d) Pilot studies through the agency for toxic substances and disease registry (1) Pilot studies The Secretary of Health and Human Services, acting through the Administrator of the Agency for Toxic Substances and Disease Registry, shall conduct pilot studies to determine which environmental factors, including exposure to toxins, may cause acquired bone marrow failure diseases. (2) Collaboration with the Radiation Injury Treatment Network In carrying out the directives of this section, the Secretary may collaborate with the Radiation Injury Treatment Network of the C.W. Bill Young Cell Transplantation Program established pursuant to section 379 of the Public Health Service Act ( 42 U.S.C. 274j ) to— (A) augment data for the pilot studies authorized by this section; (B) access technical assistance that may be provided by the Radiation Injury Treatment Network; or (C) perform joint research projects. (3) Authorization of appropriations There is authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 2015 through 2019. (e) Minority-Focused programs on acquired bone marrow failure diseases Title XVII of the Public Health Service Act ( 42 U.S.C. 300u et seq. ) is amended by inserting after section 1707A the following: 1707B. Minority-focused programs on acquired bone marrow failure diseases (a) Information and referral services (1) In general Not later than 6 months after the date of the enactment of this section, the Secretary, acting through the Deputy Assistant Secretary for Minority Health, shall establish and coordinate outreach and informational programs targeted to minority populations affected by acquired bone marrow failure diseases. (2) Program requirements Minority-focused outreach and informational programs authorized by this section— (A) shall make information about treatment options and clinical trials for acquired bone marrow failure diseases publicly available, and (B) shall provide referral services for treatment options and clinical trials, at the National Minority Health Resource Center supported under section 1707(b)(8) (including by means of the Center’s Web site, through appropriate locations such as the Center’s knowledge center, and through appropriate programs such as the Center’s resource persons network) and through minority health consultants located at each Department of Health and Human Services regional office. (b) Hispanic and Asian-American and pacific islander outreach (1) In general The Secretary, acting through the Deputy Assistant Secretary for Minority Health, shall undertake a coordinated outreach effort to connect Hispanic, Asian-American, and Pacific Islander communities with comprehensive services focused on treatment of, and information about, acquired bone marrow failure diseases. (2) Collaboration In carrying out this subsection, the Secretary may collaborate with public health agencies, nonprofit organizations, community groups, and online entities to disseminate information about treatment options and clinical trials for acquired bone marrow failure diseases. (c) Grants and cooperative agreements (1) In general Not later than 6 months after the date of the enactment of this section, the Secretary, acting through the Deputy Assistant Secretary for Minority Health, shall award grants to, or enter into cooperative agreements with, entities to perform research on acquired bone marrow failure diseases. (2) Requirement Grants and cooperative agreements authorized by this subsection shall be awarded or entered into on a competitive, peer-reviewed basis. (3) Scope of research Research funded under this section shall examine factors affecting the incidence of acquired bone marrow failure diseases in minority populations. (d) Definition In this section, the term acquired bone marrow failure disease has the meaning given to such term in section 317X(d). (e) Authorization of appropriations There is authorized to be appropriated to carry out this section $2,000,000 for each of fiscal years 2015 through 2019. . (f) Diagnosis and quality of care for acquired bone marrow failure diseases (1) Grants The Secretary of Health and Human Services, acting through the Director of the Agency for Healthcare Research and Quality, shall award grants to entities to improve diagnostic practices and quality of care with respect to patients with acquired bone marrow failure diseases. (2) Authorization of appropriations There is authorized to be appropriated to carry out this section $2,000,000 for each of fiscal years 2015 through 2019. (g) Definition In this section, the term acquired bone marrow failure disease means— (1) myelodysplastic syndromes (MDS); (2) aplastic anemia; (3) paroxysmal nocturnal hemoglobinuria (PNH); (4) pure red cell aplasia; (5) acute myeloid leukemia that progressed from myelodysplastic syndromes; or (6) large granular lymphocytic leukemia. D Cardiovascular Disease, Chronic Disease, and Other Disease Issues 731. Guidelines for disease screening for minority patients (a) In general The Secretary, acting through the Director of the Agency for Healthcare Research and Quality, shall convene a series of meetings to develop guidelines for disease screening for minority patient populations which have a higher than average risk for many chronic diseases and cancers. (b) Participants In convening meetings under subsection (a), the Secretary shall ensure that meeting participants include representatives of— (1) professional societies and associations; (2) minority health organizations; (3) health care researchers and providers, including those with expertise in minority health; (4) Federal health agencies, including the Office of Minority Health, the National Institute on Minority Health and Health Disparities, and the National Institutes of Health; and (5) other experts determined appropriate by the Secretary. (c) Diseases Screening guidelines for minority populations shall be developed as appropriate under subsection (a) for— (1) hypertension; (2) hypercholesterolemia; (3) diabetes; (4) cardiovascular disease; (5) cancers, including breast, prostate, colon, cervical, and lung cancer; (6) asthma; (7) diabetes; (8) kidney diseases; (9) eye diseases and disorders, including glaucoma; (10) HIV/AIDS and sexually transmitted diseases; (11) uterine fibroids; (12) autoimmune disease; (13) mental health conditions; (14) dental health conditions and oral diseases, including oral cancer; (15) environmental and related health illnesses and conditions; (16) Sickle cell disease; (17) violence and injury prevention and control; (18) genetic and related conditions; (19) heart disease and stroke; (20) tuberculosis; (21) chronic obstructive pulmonary disease; (22) musculoskeletal diseases, arthritis, and obesity; and (23) other diseases determined appropriate by the Secretary. (d) Dissemination Not later than 24 months after the date of enactment of this title, the Secretary shall publish and disseminate to health care provider organizations the guidelines developed under subsection (a). (e) Authorization of appropriations There are authorized to be appropriated to carry out this section, such sums as may be necessary for each of fiscal years 2015 through 2019. 732. CDC Wisewoman Screening Program Section 1509 of the Public Health Service Act ( 42 U.S.C. 300n–4a ) is amended— (1) in subsection (a)— (A) by striking the heading and inserting In General .— ; and (B) in the matter preceding paragraph (1), by striking may make grants and all that follows through purpose and inserting the following: may make grants to such States for the purpose ; and (2) in subsection (d)(1), by striking there are authorized and all that follows through the period and inserting there are authorized to be appropriated $23,000,000 for fiscal year 2015, $25,300,000 for fiscal year 2016, $27,800,000 for fiscal year 2017, $30,800,000 for fiscal year 2018, and $34,000,000 for fiscal year 2019. . 733. Report on cardiovascular care for women and minorities Part P of title III of the Public Health Service Act ( 42 U.S.C. 280g et seq. ) is amended by adding at the end the following: 399V–6. Report on cardiovascular care for women and minorities Not later than September 30, 2015, and annually thereafter, the Secretary shall prepare and submit to the Congress a report on the quality of and access to care for women and minorities with heart disease, stroke, and other cardiovascular diseases. The report shall contain recommendations for eliminating disparities in, and improving the treatment of, heart disease, stroke, and other cardiovascular diseases in women, racial and ethnic minorities, those for whom English is not their primary language, and individuals with disabilities. . 734. Coverage of comprehensive tobacco cessation services in Medicaid (a) Requiring coverage of counseling and pharmacotherapy for cessation of tobacco use Section 1905 of the Social Security Act ( 42 U.S.C. 1396d ) is amended— (1) in subsection (a)(4)(D) is amended by striking by pregnant women ; and (2) in subsection (bb)— (A) by striking by pregnant women each place it appears; (B) in paragraph (1), in the matter before subparagraph (A), by inserting by individuals before who use tobacco ; and (C) in paragraph (2)(A), by striking with respect to pregnant women . (b) Exception from optional restriction under medicaid prescription drug coverage Section 1927(d)(2)(F) of the Social Security Act ( 42 U.S.C. 1396r–8(d)(2)(F) ) is amended by striking in the case of pregnant women . (c) Removal of cost sharing for counseling and pharmacotherapy for cessation of tobacco use (1) General cost sharing limitations Section 1916 of the Social Security Act ( 42 U.S.C. 1396o ) is amended— (A) in subsections (a)(2)(B) and (b)(2)(B), by striking and counseling and pharmacotherapy for cessation of tobacco use by pregnant women (as defined in section 1905(bb)) and covered outpatient drugs (as defined in subsection (k)(2) of section 1927 and including nonprescription drugs described in subsection (d)(2) of such section) that are prescribed for purposes of promoting, and when used to promote, tobacco cessation by pregnant women in accordance with the Guideline referred to in section 1905(bb)(2)(A) each place it appears; and (B) in each of subsections (a)(2)(D) and (b)(2)(D) by inserting and counseling and pharmacotherapy for cessation of tobacco use (as defined in section 1905(bb)) and covered outpatient drugs (as defined in subsection (k)(2) of section 1927 and including nonprescription drugs described in subsection (d)(2) of such section) that are prescribed for purposes of promoting, and when used to promote, tobacco cessation in accordance with the Guideline referred to in section 1905(bb)(2)(A), after section 1905(a)(4)(C), . (2) Application to alternative cost sharing Section 1916A(b)(3)(B) of such Act ( 42 U.S.C. 1396o–1(b)(3)(B) 42 U.S.C. 1396o–1(b)(3)(B)) is amended— (A) in clause (iii), by striking , and counseling and pharmacotherapy for cessation of tobacco use by pregnant women (as defined in section 1905(bb)) ; and (B) by adding at the end the following: (xi) Counseling and pharmacotherapy for cessation of tobacco use (as defined in section 1905(bb)) and covered outpatient drugs (as defined in subsection (k)(2) of section 1927 and including nonprescription drugs described in subsection (d)(2) of such section) that are prescribed for purposes of promoting, and when used to promote, tobacco cessation in accordance with the Guideline referred to in section 1905(bb)(2)(A). . (d) Effective date The amendments made by this section shall take effect on October 1, 2014. 735. Clinical research funding for oral health (a) In general The Secretary of Health and Human Services shall expand and intensify the conduct and support of the research activities of the National Institutes of Health and the National Institute of Dental and Craniofacial Research to improve the oral health of the population through the prevention and management of oral diseases and conditions. (b) Included research activities Research activities under subsection (a) shall include— (1) comparative effectiveness research and clinical disease management research addressing early childhood caries and oral cancer; and (2) awarding of grants and contracts to support the training and development of health services researchers, comparative effectiveness researchers, and clinical researchers whose research improves the oral health of the population. 736. Participation by Medicaid beneficiaries in approved clinical trials (a) In general Title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) is amended by inserting after section 1943 the following new section: 1944. Participation in an approved clinical trial (a) Coverage of routine patient costs associated with approved clinical trials (1) Inclusion Subject to paragraph (2), routine patient costs shall include all items and services consistent with the medical assistance provided under the State plan that would otherwise be provided to the individual under such State plan if such individual was not enrolled in an approved clinical trial, including any items or services related to the prevention, detection, and treatment of any medical complications that arise as a result of participation in the approved clinical trial. (2) Exclusion For purposes of paragraph (1), routine patient costs does not include— (A) the investigational item, device, or service itself; (B) items and services that are provided solely to satisfy data collection and analysis needs and that are not used in the direct clinical management of the patient; or (C) a service that is clearly inconsistent with widely accepted and established standards of care for a particular diagnosis. (3) Information concerning clinical trials (A) In general Subject to subparagraph (B), the Secretary, in consultation with relevant stakeholders, shall develop a single standardized electronic form for use by the individual or the referring health care provider to submit to the State agency administering the State plan in order to verify that the clinical trial meets the conditions established for an approved clinical trial (as defined in subsection (c)). (B) Excluded information For purposes of subparagraph (A) or any such request by the State agency for information regarding a clinical trial, an individual or referring health care provider shall not be required to submit— (i) the clinical protocol document for the clinical trial; or (ii) subject to subparagraph (C), any additional information other than such information as is required pursuant to the form described in subparagraph (A). (C) Optional information For purposes of subparagraphs (A) and (B)(ii), the form may include a requirement that the referring health care provider attest that the individual is eligible to participate in the clinical trial pursuant to the trial protocol and that their participation in such trial would be appropriate. (D) Review of information (i) In general A State plan under this title shall establish a process for timely review by the State agency of the form and information submitted pursuant to subparagraph (A) and, not later than 48 hours after receipt of such form, confirmation that the information provided in such form satisfies the requirements established under such subparagraph, with such process to include establishment and operation of a 24-hour, toll-free telephone number and e-mail address to provide for expedited communication. (ii) Failure to respond If an individual or the referring health care provider does not receive a response or request for additional information from the State agency following the 48-hour period described in clause (i), the information provided in the form may be presumed to satisfy the requirements established under this paragraph. (b) Encouragement of participation in approved clinical trials (1) Reasonably accessible provider For purposes of participation in an approved clinical trial by an individual eligible for medical assistance under this title, the State agency administering the State plan shall make reasonable efforts to ensure that the individual is provided with access to a provider who is— (A) participating in the approved clinical trial; (B) located not more than 25 miles from the residence of the individual (or, if no such provider is available, as close as possible to the residence of the individual); and (C) a participating provider under the State plan or has been deemed to be a participating provider under the State plan for purposes of providing medical assistance to the individual during their participation in the approved clinical trial. (2) Informational materials The State agency administering the plan approved under this title shall develop informational materials and programs to encourage participating providers to make appropriate referrals to physicians and other appropriate health care professionals who can provide individuals with access to approved clinical trials. (c) Definition of approved clinical trial The term approved clinical trial has the same meaning as provided under section 2709(d) of the Public Health Service Act. . (b) Conforming amendment Section 1902(a) of such Act ( 42 U.S.C. 1396a(a) ) is amended by inserting after paragraph (77) the following new paragraph: (78) provide that participation in an approved clinical trial and coverage of routine patient costs associated with such trial for an individual eligible for medical assistance under this title is conducted in accordance with the requirements under section 1944; . (c) Effective date (1) In general Except as provided in paragraph (2), the amendments made by this section shall apply to calendar quarters beginning on or after October 1, 2014. (2) Delay permitted for state plan amendment In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. E HIV/AIDS 741. Statement of policy It is the policy of the United States to achieve an AIDS-free generation, and to— (1) expand access to lifesaving antiretroviral therapy for people living with HIV/AIDS and immediately link people to continuous and coordinated high-quality care when they learn they are infected with HIV; (2) expand targeted efforts to prevent HIV infection using a combination of effective, evidence-based approaches, including routine HIV screening, and universal access to HIV prevention tools in the communities where HIV/AIDS is most heavily concentrated, particularly communities of color; (3) ensure laws, policies, and regulations do not impede access to prevention, treatment, and care for people living with HIV/AIDS or at risk for acquiring HIV; (4) accelerate research for more efficacious HIV prevention and treatments tools, a cure, and a vaccine; and (5) respect the human rights and dignity of persons living with HIV/AIDS. 742. Findings The Congress finds the following: (1) Over one million people are estimated to be living with HIV in the United States according to the Centers for Disease Control and Prevention, 18 percent of whom are unaware of their HIV-positive status. (2) Annually there are over 50,000 new HIV infections and 20,000 deaths in people with an HIV diagnoses in 50 States and 6 dependent areas of the United States. (3) The Centers for Disease Control and Prevention estimates that in 2011 there were approximately 50,199 people newly diagnosed with HIV. Though this number seems to be staying relatively stable, the number of new infections is rapidly increasing among certain populations especially among young African-American men who have sex with men (MSM) who, in 2010, accounted for 45 percent of new HIV infections among black MSM and 55 percent of HIV infections among young MSM overall. (4) HIV disproportionately affects certain populations in the United States. Though African-Americans represent less than 13 percent of the population, African-Americans account for almost half (44 percent) of all people living with HIV in the United States. Men who have sex with men (MSM) make up approximately 4 percent of the population, but account for 63 percent of all new HIV infections and are the only risk group in which HIV infections continue to increase. (5) Disparities exist among Latinos/Hispanics; they make up 16 percent of US population and 22 percent of new infections (2011). (6) Though American Indians/Alaska Natives represent less than 2 percent of the total number of HIV/AIDS cases, American Indians and Alaska Natives rank fifth in rates of HIV/AIDS diagnosis, still higher than their White counterparts. (7) While Asian-Americans, Native Hawaiians, and Pacific Islanders HIV/AIDS cases account for approximately 1 percent of cases nationally, between 2010 and 2011, the rate of new HIV diagnoses increased for Asian-Americans by 22 percent. (8) The latest data from the CDC (2013) indicate that women account for 1 in 5 (20 percent) new HIV infections in the United States women of color, particularly Black women, have been especially hard hit and represent the majority of women living with the disease and women newly infected. In addition, Black women accounted for nearly two-thirds (64 percent) of all estimated new HIV infections among women, while only accounting for 13 percent of the female population; White women accounted for 18 percent and Latinas 15 percent of new infections. (9) The history of HIV shows that culturally relevant and gender-responsive supportive services, including psychosocial support, treatment literacy, case management, and transportation are necessary strategies to reach and engage women and girls in medical care. (10) The limited data available on transgender individuals point to a disproportionate burden of HIV infection. (11) Stigma and discrimination contribute to these disparities. (12) The Centers for Disease Control and Prevention has determined that increasing the proportion of people who know their HIV status is an essential component of comprehensive HIV/AIDS treatment and prevention efforts and that early diagnosis is critical in order for people with HIV/AIDS to receive life-extending therapy. Additionally, the Centers for Disease Control and Prevention recommend routine HIV screening in health care settings for all patients aged 13 to 64, regardless of risk. (13) In 1998, Congress created the National Minority AIDS Initiative to provide technical assistance, build capacity, and strengthen outreach efforts among local institutions and community-based organizations that serve racial and ethnic minorities living with or vulnerable to HIV/AIDS. (14) To combat the HIV epidemic in the United States, the National HIV/AIDS Strategy (NHAS) from the White House Office of National AIDS Policy provides a framework of increasing access to care, reducing new infections, and eliminating HIV-related health disparities. The vision of NHAS is The United States will become a place where new HIV infections are rare and when they do occur, every person, regardless of age, gender, race/ethnicity, gender identity, or socioeconomic circumstance, will have unfettered access to high quality, life-extending care, free from stigma and discrimination. . (15) In recent years, several thousand people across the country were waiting to receive AIDS treatment through the AIDS Drug Assistance Program authorized by the provisions popularly known as the Ryan White CARE Act. (16) At present, 34 States and 2 United States territories have criminal statutes based on exposure to HIV. Most of these laws were adopted before the availability of effective antiretroviral treatment for HIV/AIDS. (17) Although the cost of education, treatment and care, and research are not inconsequential, they are substantially less than the annual health care cost attributable to HIV in the United States. The lifetime cost of HIV care and treatment in 2004 was estimated to be $405,000 to $648,000 annually. Preventing 40,000 new infections in the United States each year would save $12.8 billion annually. (18) According to the Centers for Disease Control and Prevention (CDC), latex condoms, when used consistently and correctly, are highly effective in preventing the transmission of HIV. Latex condoms also reduce the risk of other STIs. Despite the effectiveness of condoms in reducing the spread of STIs, the Bureau of Prisons does not recommend their use in correctional facilities. (19) The distribution of condoms in correctional facilities is currently legal in certain parts of the United States and the world. The States of Vermont and Mississippi, the District of Columbia, and the cities of New York, San Francisco, Los Angeles, Washington, DC, and Philadelphia allow condom distribution in their correctional facilities. However, these States and cities operate fewer than 1 percent of all correctional facilities. (20) Many correctional facilities in the United States do not provide comprehensive testing and treatment programs to reduce the spread of STIs. Fewer than half of correctional facilities provide counseling to HIV-positive incarcerated persons. (21) Incarcerated individuals living with HIV/AIDS who are eligible for Medicaid would benefit from prompt and automatic enrollment upon their release in order to ensure their continued ability to access health services, including antiretroviral treatment. (22) Research shows that stable housing leads to better health outcomes for those living with HIV. Inadequate or unstable housing is not only a barrier to effective treatment, but also increases the likelihood of engaging in risky behaviors leading to HIV infection. Insecure housing puts people with HIV/AIDS at risk of premature death from exposure to other diseases, poor nutrition, and lack of medical care. (23) Due to advances in treatment, many people living with HIV/AIDS (PLWHA) today are living healthy lives and have the ability and desire to fully participate in all aspects of community life, including employment. Research associates being employed with tremendous economic, social, and health benefits for many people living with HIV/AIDS. (24) The common benefits associated with employment include income, autonomy, productivity, and status within society, daily structure, making a contribution to one’s community, and increased skills and self-esteem. Research also indicates that many people with disabilities, including PLWHA, report perceiving themselves as being less disabled or not disabled at all, when working. Furthermore, some studies link working with better physical and mental health outcomes for PLWHA when compared to those who are not working. Preliminary data also suggest that transitioning to employment is associated with reduced HIV-related health risk behavior for many people. (25) On July 16, 2012, the Food and Drug Administration approved the first drug to reduce the risk of HIV infection in uninfected individuals who are at high risk of HIV infection and who may engage in sexual activity with HIV-infected partners. 743. Additional funding for AIDS drug assistance program treatments Section 2623 of the Public Health Service Act ( 42 U.S.C. 300ff–31b ) is amended by adding at the end the following: (c) Additional funding for AIDS drug assistance program treatments In addition to amounts otherwise authorized to be appropriated for carrying out this subpart, there are authorized to be appropriated such sums as may be necessary to carry out sections 2612(b)(3)(B) and 2616 for each of fiscal years 2015 through 2017. . 744. Enhancing the national HIV surveillance system (a) Grants The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall make grants to States to support integration of public health surveillance systems into all electronic health records in order to allow rapid communications between the clinical setting and health departments, by means that include— (1) providing technical assistance and policy guidance to State and local health departments, clinical providers, and other agencies serving individuals with HIV to improve the interoperability of data systems relevant to monitoring HIV care and supportive services; (2) capturing longitudinal data pertaining to the initiation and ongoing prescription or dispensing of antiretroviral therapy for individuals diagnosed with HIV (such as through pharmacy-based reporting); (3) obtaining information— (A) on a voluntary basis, on sexual orientation and gender identity; and (B) on sources of coverage (or the lack thereof) for medical treatment (including coverage through Medicaid, Medicare, the program under title XXVI of the Public Health Service Act ( 42 U.S.C. 300ff–11 et seq. ; commonly referred to as the Ryan White HIV/AIDS Program ), other public funding, private insurance, and health maintenance organizations); and (4) obtaining and using current geographic markers of residence (such as current address, zip code, partial zip code, and census block). (b) Privacy and security safeguards In carrying out this section, the Secretary of Health and Human Services shall ensure that appropriate privacy and security safeguards are met to prevent unauthorized disclosure of protected health information and compliance with the HIPAA privacy and security law (as defined in section 3009 of the Public Health Service Act ( 42 U.S.C. 300jj–19 )) and other relevant laws and regulations. (c) Prohibition against improper use of data No grant under this section may be used to allow or facilitate the collection or use of surveillance or clinical data or records— (1) for punitive measures of any kind, civil or criminal, against the subject of such data or records; or (2) for imposing any requirement or restriction with respect to an individual without the individual’s written consent. (d) Authorization of appropriations To carry out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2015 through 2019. 745. Evidence-based strategies for improving linkage to and retention in appropriate care (a) Strategies The Secretary of Health and Human Services, in collaboration with the Director of the Centers for Disease Control and Prevention, the Administrator of the Substance Abuse and Mental Health Services Administration, the Director of the Office of AIDS Research, the Administrator of the Health Resources and Services Administration, and the Administrator of the Centers for Medicare & Medicaid Services, shall— (1) identify evidence-based strategies most effective at addressing the multifaceted issues that impede disease status awareness and linkage to and retention in appropriate care, taking into consideration health care systems issues, clinic and provider issues, and individual psychosocial, environmental, and other contextual factors; (2) support the wide-scale implementation of the evidence-based strategies identified pursuant to paragraph (1), including through incorporating such strategies into health care coverage supported by the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ), the program under title XXVI of the Public Health Service Act ( 42 U.S.C. 300ff–11 et seq. ; commonly referred to as the Ryan White HIV/AIDS Program ), and health plans purchased through an American Health Benefit Exchange established pursuant to section 1311 of the Patient Protection and Affordable Care Act (42 U.S.C. 18031); and (3) not later than 12 months after the date of the enactment of this Act, submit a report to the Congress on the status of activities under paragraphs (1) and (2). (b) Authorization of appropriations To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2015 through 2019. 746. Improving entry into and retention in care and antiretroviral adherence for persons with HIV (a) Sense of congress It is the sense of the Congress that AIDS research has led to scientific advancements that have— (1) saved the lives of millions of people with HIV/AIDS; (2) prevented millions of people from being infected; and (3) had broad benefits that extend far beyond helping people at risk for or living with HIV. (b) In general The Secretary of Health and Human Services, acting through the Director of the National Institutes of Health, shall expand, intensify, and coordinate operational and translational research and other activities of the National Institutes of Health regarding methods— (1) to increase adoption of evidence-based adherence strategies within HIV care and treatment programs; (2) to increase HIV testing and case detection rates; (3) to reduce HIV-related health disparities; (4) to ensure that research to improve adherence to HIV care and treatment programs address the unique concerns of women; (5) to integrate HIV/AIDS prevention and care services with mental health and substance use prevention and treatment delivery systems; and (6) to increase knowledge on the implementation of preexposure prophylaxis (PrEP), including with respect to— (A) who can benefit most from PrEP; (B) how to provide PrEP safely and efficiently; (C) how to integrate PrEP with other essential prevention methods such as condoms; and (D) how to ensure high levels of adherence. (c) Authorization of appropriations To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2015 through 2019. 747. Services to reduce HIV/AIDS in racial and ethnic minority communities (a) In general For the purpose of reducing HIV/AIDS in racial and ethnic minority communities, the Secretary, acting through the Deputy Assistant Secretary for Minority Health, may make grants to public health agencies and faith-based organizations to conduct— (1) outreach activities related to HIV/AIDS prevention and testing activities; (2) HIV/AIDS prevention activities; and (3) HIV/AIDS testing activities. (b) Authorization of appropriations To carry out this section, there are authorized to be appropriated $50,000,000 for fiscal year 2015, and such sums as may be necessary for fiscal years 2016 through 2019. 748. Minority AIDS initiative (a) Expanded funding The Secretary, in collaboration with the Deputy Assistant Secretary for Minority Health, the Director of the Centers for Disease Control and Prevention, the Administrator of the Health Resources and Services Administration, and the Administrator of the Substance Abuse and Mental Health Services Administration, shall provide funds and carry out activities to expand the Minority HIV/AIDS Initiative. (b) Use of funds The additional funds made available under this section may be used, through the Minority AIDS Initiative, to support the following activities: (1) Providing technical assistance and infrastructure support to reduce HIV/AIDS in minority populations. (2) Increasing minority populations’ access to HIV/AIDS prevention and care services. (3) Building strong community programs and partnerships to address HIV prevention and the health care needs of specific racial and ethnic minority populations. (c) Priority interventions Within the racial and ethnic minority populations referred to in subsection (b), priority in conducting intervention services shall be given to— (1) men who have sex with men; (2) youth; (3) persons who engage in intravenous drug abuse; (4) women; (5) homeless individuals; and (6) individuals incarcerated or in the penal system. (d) Authorization of appropriations For carrying out this section, there are authorized to be appropriated $610,000,0000 for fiscal year 2015 and such sums as may be necessary for each of fiscal years 2016 through 2019. 749. Health care professionals treating individuals with HIV/AIDS (a) In general The Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, shall expand, intensify, and coordinate workforce initiatives of the Health Resources and Services Administration to increase the capacity of the health workforce focusing primarily on HIV/AIDS to meet the demand for culturally competent care, and may award grants for any of the following: (1) Development of curricula for training primary care providers in HIV/AIDS prevention and care, including routine HIV testing. (2) Support to expand access to culturally and linguistically accessible benefits counselors, trained peer navigators, and mental and behavioral health professionals with expertise in HIV/AIDS. (3) Training health care professionals to provide care to individuals with HIV/AIDS. (4) Development by grant recipients under title XXVI of the Public Health Service Act (42 U.S.C. 300ff–11 et seq.; commonly referred to as the Ryan White HIV/AIDS Program) and other persons, of policies for providing culturally relevant and sensitive treatment to individuals with HIV/AIDS, with particular emphasis on treatment to racial and ethnic minorities, men who have sex with men, and women, young people, and children with HIV/AIDS. (5) Development and implementation of programs to increase the use of telehealth to respond to HIV/AIDS-specific health care needs in rural and minority communities, with particular emphasis given to medically underserved communities and insular areas. (6) Evaluating interdisciplinary medical provider care team models that promote high quality care, with particular emphasis on care to racial and ethnic minorities. (7) Training health care professionals to make them aware of the high rates of chronic hepatitis B and chronic hepatitis C in adult racial and ethnic populations, and the importance of prevention, detection, and medical management of hepatitis B and hepatitis C and of liver cancer screening. (b) Authorization of appropriations To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2015 through 2019. 750. HIV/AIDS provider loan repayment program (a) In general The Secretary may enter into an agreement with any physician, nurse practitioner, or physician assistant under which— (1) the physician, nurse practitioner, or physician assistant agrees to serve as a medical provider for a period of not less than 2 years— (A) at a Ryan White-funded or title X-funded facility with a critical shortage of doctors (as determined by the Secretary); or (B) in an area with a high incidence of HIV/AIDS; and (2) the Secretary agrees to make payments in accordance with subsection (b) on the professional education loans of the physician, nurse practitioner, or physician assistant. (b) Manner of payments The payments described in subsection (a) shall be made by the Secretary as follows: (1) Upon completion by the physician, nurse practitioner, or physician assistant for whom the payments are to be made of the first year of the service specified in the agreement entered into with the Secretary under subsection (a), the Secretary shall pay 30 percent of the principal of and the interest on the individual’s professional education loans. (2) Upon completion by the physician, nurse practitioner, or physician assistant of the second year of such service, the Secretary shall pay another 30 percent of the principal of and the interest on such loans. (3) Upon completion by that individual of a third year of such service, the Secretary shall pay another 25 percent of the principal of and the interest on such loans. (c) Applicability of certain provisions The provisions of subpart III of part D of title III of the Public Health Service Act (42 U.S.C. 254l et seq.) shall, except as inconsistent with this section, apply to the program carried out under this section in the same manner and to the same extent as such provisions apply to the National Health Service Corps Loan Repayment Program. (d) Reports Not later than 18 months after the date of the enactment of this Act, and annually thereafter, the Secretary shall prepare and submit to the Congress a report describing the program carried out under this section, including statements regarding the following: (1) The number of physicians, nurse practitioners, and physician assistants enrolled in the program. (2) The number and amount of loan repayments. (3) The placement location of loan repayment recipients at facilities described in subsection (a)(1). (4) The default rate and actions required. (5) The amount of outstanding default funds. (6) To the extent that it can be determined, the reason for the default. (7) The demographics of individuals participating in the program. (8) An evaluation of the overall costs and benefits of the program. (e) Definitions In this section: (1) The term HIV/AIDS means human immunodeficiency virus and acquired immune deficiency syndrome. (2) The term nurse practitioner means a registered nurse who has completed an accredited graduate degree program in advanced nurse practice and has successfully passed a national certification exam. (3) The term physician means a graduate of a school of medicine who has completed postgraduate training in general or pediatric medicine. (4) The term physician assistant means a medical provider who completed an accredited physician assistant training program and successfully passed the Physician Assistant National Certifying Examination. (5) The term professional education loan — (A) means a loan that is incurred for the cost of attendance (including tuition, other reasonable educational expenses, and reasonable living costs) at a school of medicine, nursing, or physician assistant training program; and (B) includes only the portion of the loan that is outstanding on the date the physician, nurse practitioner, or physician assistant involved begins the service specified in the agreement under subsection (a). (6) The term Ryan White-funded means, with respect to a facility, receiving funds under title XXVI of the Public Health Service Act ( 42 U.S.C. 300ff–11 et seq. ). (7) The term Secretary means the Secretary of Health and Human Services. (8) The term school of medicine has the meaning given to that term in section 799B of the Public Health Service Act (42 U.S.C. 295p). (9) The term title X-funded means, with respect to a facility, receiving funds under title X of the Public Health Service Act ( 42 U.S.C. 300 et seq. ). (f) Authorization of appropriations To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2015 through 2019. 751. Dental education loan repayment program (a) In general The Secretary of Health and Human Services may enter into an agreement with any dentist under which— (1) the dentist agrees to serve as a dentist for a period of not less than 2 years at a facility with a critical shortage of dentists (as determined by the Secretary) in an area with a high incidence of HIV/AIDS; and (2) the Secretary agrees to make payments in accordance with subsection (b) on the dental education loans of the dentist. (b) Manner of payments The payments described in subsection (a) shall be made by the Secretary as follows: (1) Upon completion by the dentist for whom the payments are to be made of the first year of the service specified in the agreement entered into with the Secretary under subsection (a), the Secretary shall pay 30 percent of the principal of and the interest on the dental education loans of the dentist. (2) Upon completion by the dentist of the second year of such service, the Secretary shall pay another 30 percent of the principal of and the interest on such loans. (3) Upon completion by that individual of a third year of such service, the Secretary shall pay another 25 percent of the principal of and the interest on such loans. (c) Applicability of certain provisions The provisions of subpart III of part D of title III of the Public Health Service Act (42 U.S.C. 254l et seq.) shall, except as inconsistent with this section, apply to the program carried out under this section in the same manner and to the same extent as such provisions apply to the National Health Service Corps Loan Repayment Program. (d) Reports Not later than 18 months after the date of the enactment of this Act, and annually thereafter, the Secretary shall prepare and submit to the Congress a report describing the program carried out under this section, including statements regarding the following: (1) The number of dentists enrolled in the program. (2) The number and amount of loan repayments. (3) The placement location of loan repayment recipients at facilities described in subsection (a)(1). (4) The default rate and actions required. (5) The amount of outstanding default funds. (6) To the extent that it can be determined, the reason for the default. (7) The demographics of individuals participating in the program. (8) An evaluation of the overall costs and benefits of the program. (e) Definitions In this section: (1) The term dental education loan — (A) means a loan that is incurred for the cost of attendance (including tuition, other reasonable educational expenses, and reasonable living costs) at a school of dentistry; and (B) includes only the portion of the loan that is outstanding on the date the dentist involved begins the service specified in the agreement under subsection (a). (2) The term dentist means a graduate of a school of dentistry who has completed postgraduate training in general or pediatric dentistry. (3) The term HIV/AIDS means human immunodeficiency virus and acquired immune deficiency syndrome. (4) The term school of dentistry has the meaning given to that term in section 799B of the Public Health Service Act (42 U.S.C. 295p). (5) The term Secretary means the Secretary of Health and Human Services. (f) Authorization of appropriations To carry out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2015 through 2019. 752. Reducing new HIV infections among injecting drug users (a) Sense of congress It is the sense of the Congress that providing sterile syringes and sterilized equipment to injecting drug users substantially reduces risk of HIV infection, increases the probability that they will initiate drug treatment, and does not increase drug use. (b) In general The Secretary of Health and Human Services may provide grants and technical assistance for the purpose of reducing the rate of HIV infections among injecting drug users through a comprehensive package of services for such users, including the provision of sterile syringes, education and outreach, access to infectious disease testing, overdose prevention, and treatment for drug dependence. (c) Authorization of appropriations To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2015 through 2019. 753. Support for expansion of comprehensive sexual health and education programs (a) Sense of congress It is the sense of Congress that— (1) federally funded sex education programs should aim to— (A) reduce unintended pregnancy and sexually transmitted infections, including HIV; (B) promote safe and healthy relationships; (C) use, and be informed by, the best scientific information available; (D) be built on characteristics of effective programs; (E) expand the existing body of evidence on comprehensive sex education programs through program evaluation; (F) expand training programs for teachers of comprehensive sex education; (G) build on the personal responsibility education programs funded under section 513 of the Social Security Act ( 42 U.S.C. 713 ) and the President’s Teen Pregnancy Prevention program, funded under title II of the Consolidated Appropriations Act, 2010 ( Public Law 111–117 ; 123 Stat. 3253); and (H) promote and uphold the rights of young people to information in order to make healthy and responsible decisions about their sexual health; and (2) no Federal funds should be used for health education programs that— (A) deliberately withhold life-saving information about HIV; (B) are medically inaccurate or have been scientifically shown to be ineffective; (C) promote gender stereotypes; (D) are insensitive and unresponsive to the needs of sexually active adolescents; (E) are insensitive and unresponsive to the needs of lesbian, gay, bisexual, or transgender youth; or (F) are inconsistent with the ethical imperatives of medicine and public health. (b) Grants for comprehensive sex education for adolescents (1) Program authorized The Secretary, in coordination with the Director of the Office of Adolescent Health, shall award grants, on a competitive basis, to eligible entities to enable such eligible entities to carry out programs that provide adolescents with comprehensive sex education, as described in paragraph (6). (2) Duration Grants awarded under this subsection shall be for a period of 5 years. (3) Eligible entity In this subsection, the term eligible entity means a public or private entity that focuses on adolescent health or education or has experience working with adolescents, which may include— (A) a State educational agency; (B) a local educational agency; (C) a tribe or tribal organization, as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ); (D) a State or local department of health; (E) a State or local department of education; (F) a nonprofit organization; (G) a nonprofit or public institution of higher education; or (H) a hospital. (4) Applications An eligible entity desiring a grant under this subsection shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including the evaluation plan described in paragraph (7)(A). (5) Priority In awarding grants under this subsection, the Secretary shall give priority to eligible entities that— (A) are State or local public entities, with an additional priority for State or local educational agencies; and (B) address health disparities among young people that are at highest risk for not less than 1 of the following: (i) Unintended pregnancies. (ii) Sexually transmitted infections, including HIV. (iii) Dating violence and sexual assault. (6) Use of funds (A) In general Each eligible entity that receives a grant under this subsection shall use grant funds to carry out a program that provides adolescents with comprehensive sex education that— (i) replicates evidence-based sex education programs; (ii) substantially incorporates elements of evidence-based sex education programs; or (iii) creates a demonstration project based on generally accepted characteristics of effective sex education programs. (B) Contents of sex education programs The sex education programs funded under this subsection shall include curricula and program materials that address— (i) abstinence and delaying sexual initiation; (ii) the health benefits and side effects of all contraceptive and barrier methods as a means to prevent pregnancy and sexually transmitted infections, including HIV; (iii) healthy relationships, including the development of healthy attitudes and skills necessary for understanding— (I) healthy relationships between oneself and family, others, and society; and (II) the prevention of sexual abuse, teen dating violence, bullying, harassment, and suicide; (iv) healthy life skills including goal-setting, decisionmaking, interpersonal skills (such as communication, assertiveness, and peer refusal skills), critical thinking, self-esteem and self-efficacy, and stress management; (v) how to make responsible decisions about sex and sexuality, including— (I) how to avoid, and how to avoid making, unwanted verbal, physical, and sexual advances; and (II) how alcohol and drug use can affect responsible decisionmaking; (vi) the development of healthy attitudes and values about such topics as adolescent growth and development, body image, gender roles and gender identity, racial and ethnic diversity, and sexual orientation; and (vii) referral services for local health clinics and services where adolescents can obtain additional information and services related to sexual and reproductive health, dating violence and sexual assault, and suicide prevention. (7) Evaluation; report (A) Independent evaluation Each eligible entity applying for a grant under this subsection shall develop and submit to the Secretary a plan for a rigorous independent evaluation of such grant program. The plan shall describe an independent evaluation that— (i) uses sound statistical methods and techniques relating to the behavioral sciences, including random assignment methodologies, whenever possible; (ii) uses quantitative data for assessments and impact evaluations, whenever possible; and (iii) is carried out by an entity independent from such eligible entity. (B) Selection of evaluated programs; budget (i) Selection of evaluated programs The Secretary shall select, at random, a subset of the eligible entities that the Secretary has selected to receive a grant under this subsection to receive additional funding to carry out the evaluation plan described in subparagraph (A). (ii) Budget for evaluation activities The Secretary, in coordination with the Director of the Office of Adolescent Health, shall establish a budget for each eligible entity selected under clause (i) for the costs of carrying out the evaluation plan described in subparagraph (A). (C) Funds for evaluation The Secretary shall provide eligible entities who are selected under subparagraph (B)(i) with additional funds, in accordance with the budget described in subparagraph (B)(ii), to carry out and report to the Secretary on the evaluation plan described in subparagraph (A). (D) Performance measures The Secretary, in coordination with the Director of the Centers for Disease Control and Prevention, shall establish a common set of performance measures to assess the implementation and impact of grant programs funded under this subsection. Such performance measures shall include— (i) output measures, such as the number of individuals served and the number of hours of service delivery; (ii) outcome measures, including measures relating to— (I) the knowledge that youth participating in the grant program have gained about— (aa) adolescent growth and development; (bb) relationship dynamics; (cc) ways to prevent unintended pregnancy and sexually transmitted infections, including HIV; and (dd) sexual health; (II) the skills that adolescents participating in the grant program have gained regarding— (aa) negotiation and communication; (bb) decisionmaking and goal-setting; (cc) interpersonal skills and healthy relationships; and (dd) condom use; and (III) the behaviors of adolescents participating in the grant program, including data about— (aa) age of first intercourse; (bb) number of sexual partners; (cc) condom and contraceptive use at first intercourse; (dd) recent condom and contraceptive use; and (ee) dating abuse and lifetime history of domestic violence, sexual assault, dating violence, bullying, harassment, and stalking. (E) Report to the secretary Eligible entities receiving a grant under this subsection who have been selected to receive funds to carry out the evaluation plan described in subparagraph (A), in accordance with subparagraph (B)(i), shall collect and report to the Secretary— (i) the results of the independent evaluation described in subparagraph (A); and (ii) information about the performance measures described in subparagraph (B). (F) Effective programs The Secretary, in coordination with the Director of the Centers for Disease Control and Prevention, shall publish on the Web site of the Centers for Disease Control and Prevention, a list of programs funded under this subsection that the Secretary has determined to be effective programs. (c) Grants for comprehensive sex education at institutions of higher education (1) Program authorized The Secretary, in coordination with the Office of Adolescent Health and the Secretary of Education, shall award grants, on a competitive basis, to institutions of higher education to enable such institutions to provide young people with comprehensive sex education, described in paragraph (5)(B), with an emphasis on reducing HIV, other sexually transmitted infections, and unintended pregnancy through instruction about— (A) abstinence and contraception; (B) reducing dating violence, sexual assault, bullying, and harassment; (C) increasing healthy relationships; and (D) academic achievement. (2) Duration Grants awarded under this subsection shall be for a period of 5 years. (3) Applications An institution of higher education desiring a grant under this subsection shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (4) Priority In awarding grants under this subsection, the Secretary shall give priority to an institution of higher education that— (A) has an enrollment of needy students as defined in section 318(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1059e(b) ); (B) is a Hispanic-serving institution, as defined in section 502(a) of such Act ( 20 U.S.C. 1101a(a) ); (C) is a Tribal College or University, as defined in section 316(b) of such Act ( 20 U.S.C. 1059c(b) ); (D) is an Alaska Native-serving institution, as defined in section 317(b) of such Act (20 U.S.C. 1059d(b)); (E) is a Native Hawaiian-serving institution, as defined in section 317(b) of such Act (20 U.S.C. 1059d(b)); (F) is a Predominately Black Institution, as defined in section 318(b) of such Act (20 U.S.C. 1059e(b)); (G) is a Native American-serving, nontribal institution, as defined in section 319(b) of such Act (20 U.S.C. 1059f(b)); (H) is an Asian American and Native American Pacific Islander-serving institution, as defined in section 320(b) of such Act ( 20 U.S.C. 1059g(b) ); or (I) is a minority institution, as defined in section 365 of such Act ( 20 U.S.C. 1067k ), with an enrollment of needy students, as defined in section 312 of such Act (20 U.S.C. 1058). (5) Uses of funds (A) In general An institution of higher education receiving a grant under this subsection may use grant funds to integrate issues relating to comprehensive sex education into the academic or support sectors of the institution of higher education in order to reach a large number of students, by carrying out 1 or more of the following activities: (i) Developing educational content for issues relating to comprehensive sex education that will be incorporated into first-year orientation or core courses. (ii) Developing and employing schoolwide educational programming outside of class that delivers elements of comprehensive sex education programs to students, faculty, and staff. (iii) Creating innovative technology-based approaches to deliver sex education to students, faculty, and staff. (iv) Developing and employing peer-outreach and education programs to generate discussion, educate, and raise awareness among students about issues relating to comprehensive sex education. (B) Contents of sex education programs Each institution of higher education’s program of comprehensive sex education funded under this subsection shall include curricula and program materials that address information about— (i) safe and responsible sexual behavior with respect to the prevention of pregnancy and sexually transmitted infections, including HIV, including through— (I) abstinence; (II) a reduced number of sexual partners; and (III) the use of condoms and contraception; (ii) healthy relationships, including the development of healthy attitudes and insights necessary for understanding— (I) relationships between oneself, family, partners, others, and society; and (II) the prevention of sexual abuse, dating violence, bullying, harassment, and suicide; and (iii) referral services to local health clinics where young people can obtain additional information and services related to sexual and reproductive health, dating violence and sexual assault, and suicide prevention. (C) Optional components of sex education Each institution of higher education’s program of comprehensive sex education may also include information and skills development relating to— (i) how to make responsible decisions about sex and sexuality, including— (I) how to avoid, and avoid making, unwanted verbal, physical, and sexual advances; and (II) how alcohol and drug use can affect responsible decisionmaking; (ii) healthy life skills, including— (I) goal-setting and decisionmaking; (II) interpersonal skills, such as communication, assertiveness, and peer refusal skills; (III) critical thinking; (IV) self-esteem and self-efficacy; and (V) stress management; (iii) the development of healthy attitudes and values about such topics as body image, gender roles and gender identity, racial and ethnic diversity, and sexual orientation; and (iv) the responsibilities of parenting and the skills necessary to parent well. (6) Evaluation; report The requirements described in section 125B(g) shall also apply to eligible entities receiving a grant under this subsection in the same manner as such requirements apply to eligible entities receiving grants under section 125B. (d) Grants for pre-Service and in-Service teacher training (1) Program authorized The Secretary, in coordination with the Director of the Centers for Disease Control and Prevention and the Secretary of Education, shall award grants, on a competitive basis, to eligible entities to enable such eligible entities to carry out the activities described in paragraph (5). (2) Duration Grants awarded under this subsection shall be for a period of 5 years. (3) Eligible entity In this subsection, the term eligible entity means— (A) a State educational agency; (B) a local educational agency; (C) a tribe or tribal organization, as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ); (D) a State or local department of health; (E) a State or local department of education; (F) a nonprofit institution of higher education; (G) a national or statewide nonprofit organization that has as its primary purpose the improvement of provision of comprehensive sex education through effective teaching of comprehensive sex education; or (H) a consortium of nonprofit organizations that has as its primary purpose the improvement of provision of comprehensive sex education through effective teaching of comprehensive sex education. (4) Application An eligible entity desiring a grant under this subsection shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (5) Authorized activities (A) Required activity Each eligible entity receiving a grant under this subsection shall use grant funds to train targeted faculty and staff, in order to increase effective teaching of comprehensive sex education for elementary school and secondary school students. (B) Permissible activities Each eligible entity receiving a grant under this subsection may use grant funds to— (i) strengthen and expand the eligible entity’s relationships with— (I) institutions of higher education; (II) State educational agencies; (III) local educational agencies; or (IV) other public and private organizations with a commitment to comprehensive sex education and the benefits of comprehensive sex education; (ii) support and promote research-based training of teachers of comprehensive sex education and related disciplines in elementary schools and secondary schools as a means of broadening student knowledge about issues related to human development, relationships, personal skills, sexual behavior, sexual health, and society and culture; (iii) support the dissemination of information on effective practices and research findings concerning the teaching of comprehensive sex education; (iv) support research on— (I) effective comprehensive sex education teaching practices; and (II) the development of assessment instruments and strategies to document— (aa) student understanding of comprehensive sex education; and (bb) the effects of comprehensive sex education; (v) convene national conferences on comprehensive sex education, in order to effectively train teachers in the provision of comprehensive sex education; and (vi) develop and disseminate appropriate research-based materials to foster comprehensive sex education. (C) Subgrants Each eligible entity receiving a grant under this subsection may award subgrants to nonprofit organizations, State educational agencies, or local educational agencies to enable such organizations or agencies to— (i) train teachers in comprehensive sex education; (ii) support Internet or distance learning related to comprehensive sex education; (iii) promote rigorous academic standards and assessment techniques to guide and measure student performance in comprehensive sex education; (iv) encourage replication of best practices and model programs to promote comprehensive sex education; (v) develop and disseminate effective, research-based comprehensive sex education learning materials; (vi) develop academic courses on the pedagogy of sex education at institutions of higher education; or (vii) convene State-based conferences to train teachers in comprehensive sex education and to identify strategies for improvement. (e) Report to congress (1) In general Not later than 1 year after the date of the enactment of this Act, and annually thereafter for a period of 5 years, the Secretary shall prepare and submit to the appropriate committees of Congress a report on the activities to provide adolescents and young people with comprehensive sex education funded under this section. (2) Report elements The report described in paragraph (1) shall include information about— (A) the number of eligible entities and institutions of higher education that are receiving grant funds under subsections (b) and (c); (B) the specific activities supported by grant funds awarded under subsections (b) and (c); (C) the number of adolescents served by grant programs funded under subsection (b); (D) the number of young people served by grant programs funded under subsection (c); and (E) the status of program evaluations described under subsections (b) and (c). (f) Limitation No Federal funds provided under this section may be used for health education programs that— (1) deliberately withhold life-saving information about HIV; (2) are medically inaccurate or have been scientifically shown to be ineffective; (3) promote gender stereotypes; (4) are insensitive and unresponsive to the needs of sexually active youth or lesbian, gay, bisexual, or transgender youth; or (5) are inconsistent with the ethical imperatives of medicine and public health. (g) Definitions In this section: (1) ESEA definitions The terms elementary school , local educational agency , secondary school , and State educational agency have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Age and developmentally appropriate The term age and developmentally appropriate means suitable for a particular age or age group of children and adolescents, based on developing cognitive, emotional, and behavioral capacity typical for that age or age group. (3) Adolescents The term adolescents means individuals who are ages 10 through 19 at the time of commencement of participation in a program supported under this section. (4) Characteristics of effective programs The term characteristics of effective programs means the aspects of evidence-based programs, including development, content, and implementation of such programs, that— (A) have been shown to be effective in terms of increasing knowledge, clarifying values and attitudes, increasing skills, and impacting upon behavior; and (B) are widely recognized by leading medical and public health agencies to be effective in changing sexual behaviors that lead to sexually transmitted infections, including HIV, unintended pregnancy, and dating violence and sexual assault among young people. (5) Comprehensive sex education The term comprehensive sex education means a program that— (A) includes age- and developmentally appropriate, culturally and linguistically relevant information on a broad set of topics related to sexuality including human development, relationships, decisionmaking, communication, abstinence, contraception, and disease and pregnancy prevention; (B) provides students with opportunities for developing skills as well as learning information; (C) is inclusive of lesbian, gay, bisexual, transgender, and heterosexual young people; and (D) aims to— (i) provide scientifically accurate and realistic information about human sexuality; (ii) provide opportunities for individuals to understand their own, their families’, and their communities’ values, attitudes, and insights about sexuality; (iii) help individuals develop healthy relationships and interpersonal skills; and (iv) help individuals exercise responsibility regarding sexual relationships, which includes addressing abstinence, pressures to become prematurely involved in sexual intercourse, and the use of contraception and other sexual health measures. (6) Evidence-based program The term evidence-based program means a sex education program that has been proven through rigorous evaluation to be effective in changing sexual behavior or incorporates elements of other sex education programs that have been proven to be effective in changing sexual behavior. (7) Institution of higher education The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (8) Medically accurate and complete The term medically accurate and complete , when used with respect to a sex education program, means that— (A) the information provided through the program is verified or supported by the weight of research conducted in compliance with accepted scientific methods and is published in peer-reviewed journals, where applicable; or (B) (i) the program contains information that leading professional organizations and agencies with relevant expertise in the field recognize as accurate, objective, and complete; and (ii) the program does not withhold information about the effectiveness and benefits of correct and consistent use of condoms and other contraceptives. (9) Secretary The term Secretary means the Secretary of Health and Human Services. (10) Young people The term young people means individuals who are ages 10 through 24 at the time of commencement of participation in a program supported under this section. (h) Authorization of appropriations To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2015 through 2019. 754. Elimination of abstinence-only education program (a) In general Title V of the Social Security Act ( 42 U.S.C. 701 et seq. ) is amended by striking section 510. (b) Rescission Amounts appropriated for fiscal years 2013 and 2014 under section 510(d) of the Social Security Act ( 42 U.S.C. 710(d) ) (as in effect on the day before the date of enactment of this Act) that are unobligated as of the date of enactment of this Act are rescinded. (c) Reprogram of eliminated abstinence-Only funds for the personal responsibility education program (PREP) Section 513(f) of the Social Security Act ( 42 U.S.C. 713(f) ) is amended by striking $75,000,000 for each of fiscal years 2011 through 2015 and inserting $75,000,000 for each of fiscal years 2011 through 2014, an amount for fiscal year 2015 equal to $75,000,000 increased by an amount equal to the unobligated portion of funds appropriated for fiscal year 2014 and 2015 under section 510(d) that are rescinded by section 754(b) of the Health Equity and Accountability Act of 2014, and $125,000,000 for each of fiscal years 2016 and 2017 . 755. Report on impact of HIV/AIDS in vulnerable populations (a) In general The Secretary shall submit to the Congress and the President an annual report on the impact of HIV/AIDS for racial and ethnic minority communities, women, and youth aged 24 and younger. (b) Contents The report under subsection (a) shall include information on the— (1) progress that has been made in reducing the impact of HIV/AIDS in such communities; (2) opportunities that exist to make additional progress in reducing the impact of HIV/AIDS in such communities; (3) challenges that may impede such additional progress; and (4) Federal funding necessary to achieve substantial reductions in HIV/AIDS in racial and ethnic minority communities. 756. National HIV/AIDS observance days (a) National observance days It is the sense of the Congress that national observance days highlighting the impact of HIV/AIDS on communities of color include the following: (1) National Black HIV/AIDS Awareness Day. (2) National Latino AIDS Awareness Day. (3) National Asian and Pacific Islander HIV/AIDS Awareness Day. (4) National Native American HIV/AIDS Awareness Day. (5) Caribbean-American HIV/AIDS Awareness Day. (6) National Youth HIV/AIDS Awareness Day. (7) National Black Clergy HIV/AIDS Awareness Sunday. (b) Call to action It is the sense of the Congress that the President should call on members of communities of color— (1) to become involved at the local community level in HIV/AIDS testing, policy, and advocacy; (2) to become aware, engaged, and empowered on the HIV/AIDS epidemic within their communities; and (3) to urge members of their communities to reduce risk factors, practice safe sex and other preventive measures, be tested for HIV/AIDS, and seek care when appropriate. 757. Review of all Federal and State laws, policies, and regulations regarding the criminal prosecution of individuals for HIV-related offenses (a) Definitions (1) HIV and HIV/AIDS The terms HIV and HIV/AIDS have the meanings given to such terms in section 2689 of the Public Health Service Act (42 U.S.C. 300ff–88). (2) State The term State includes the District of Columbia, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, and the United States Virgin Islands. (b) Sense of congress regarding laws or regulations directed at people living with HIV/AIDS It is the sense of the Congress that Federal and State laws, policies, and regulations regarding people living with HIV/AIDS— (1) should not place unique or additional burdens on such individuals solely as a result of their HIV status; and (2) should instead demonstrate a public health-oriented, evidence-based, medically accurate, and contemporary understanding of— (A) the multiple factors that lead to HIV transmission; (B) the relative risk of HIV transmission routes; (C) the current health implications of living with HIV; (D) the associated benefits of treatment and support services for people living with HIV; and (E) the impact of punitive HIV-specific laws and policies on public health, on people living with or affected by HIV, and on their families and communities. (c) Review of all Federal and State laws, policies, and regulations regarding the criminal prosecution of individuals for HIV-Related offenses (1) Review of federal and state laws (A) In general No later than 90 days after the date of the enactment of this Act, the Attorney General, the Secretary of Health and Human Services, and the Secretary of Defense acting jointly (in this paragraph and paragraph (2) referred to as the designated officials ) shall initiate a national review of Federal and State laws, policies, regulations, and judicial precedents and decisions regarding criminal and related civil commitment cases involving people living with HIV/AIDS, including in regards to the Uniform Code of Military Justice. (B) Consultation In carrying out the review under subparagraph (A), the designated officials shall ensure diverse participation and consultation from each State, including with— (i) State attorneys general (or their representatives); (ii) State public health officials (or their representatives); (iii) State judicial and court system officers, including judges, district attorneys, prosecutors, defense attorneys, law enforcement, and correctional officers; (iv) members of the United States Armed Forces, including members of other Federal services subject to the Uniform Code of Military Justice; (v) people living with HIV/AIDS, particularly those who have been subject to HIV-related prosecution or who are from communities whose members have been disproportionately subject to HIV-specific arrests and prosecutions; (vi) legal advocacy and HIV/AIDS service organizations that work with people living with HIV/AIDS; (vii) nongovernmental health organizations that work on behalf of people living with HIV/AIDS; and (viii) trade organizations or associations representing persons or entities described in clauses (i) through (vii). (C) Relation to other reviews In carrying out the review under subparagraph (A), the designated officials may utilize other existing reviews of criminal and related civil commitment cases involving people living with HIV/AIDS, including any such review conducted by any Federal or State agency or any public health, legal advocacy, or trade organization or association if the designated officials determine that such reviews were conducted in accordance with the principles set forth in subsection (b). (2) Report No later than 180 days after initiating the review required by paragraph (1), the Attorney General shall transmit to the Congress and make publicly available a report containing the results of the review, which includes the following: (A) For each State and for the Uniform Code of Military Justice, a summary of the relevant laws, policies, regulations, and judicial precedents and decisions regarding criminal cases involving people living with HIV/AIDS, including, if applicable, the following: (i) A determination of whether such laws, policies, regulations, and judicial precedents and decisions place any unique or additional burdens upon people living with HIV/AIDS. (ii) A determination of whether such laws, policies, regulations, and judicial precedents and decisions demonstrate a public health-oriented, evidence-based, medically accurate, and contemporary understanding of— (I) the multiple factors that lead to HIV transmission; (II) the relative risk of HIV transmission routes; (III) the current health implications of living with HIV; (IV) the associated benefits of treatment and support services for people living with HIV; and (V) the impact of punitive HIV-specific laws and policies on public health, on people living with or affected by HIV, and on their families and communities. (iii) An analysis of the public health and legal implications of such laws, policies, regulations, and judicial precedents, including an analysis of the consequences of having a similar penal scheme applied to comparable situations involving other communicable diseases. (iv) An analysis of the proportionality of punishments imposed under HIV-specific laws, policies, regulations, and judicial precedents, taking into consideration penalties attached to violation of State laws against similar degrees of endangerment or harm, such as driving while intoxicated (DWI) or transmission of other communicable diseases, or more serious harms, such as vehicular manslaughter offenses. (B) An analysis of common elements shared among State laws, policies, regulations, and judicial precedents. (C) A set of best practice recommendations directed to State governments, including State attorneys general, public health officials, and judicial officers, in order to ensure that laws, policies, regulations, and judicial precedents regarding people living with HIV/AIDS are in accordance with the principles set forth in subsection (b). (D) Recommendations for adjustments to the Uniform Code of Military Justice, as may be necessary, in order to ensure that laws, policies, regulations, and judicial precedents regarding people living with HIV/AIDS are in accordance with the principles set forth in subsection (b). (3) Guidance Within 90 days of the release of the report required by paragraph (2), the Attorney General and the Secretary of Health and Human Services, acting jointly, shall develop and publicly release updated guidance for States based on the set of best practice recommendations required by paragraph (2)(C) in order to assist States dealing with criminal and related civil commitment cases regarding people living with HIV/AIDS. (4) Monitoring and evaluation system Within 60 days of the release of the guidance required by paragraph (3), the Attorney General and the Secretary of Health and Human Services, acting jointly, shall establish an integrated monitoring and evaluation system which includes, where appropriate, objective and quantifiable performance goals and indicators to measure progress toward statewide implementation in each State of the best practice recommendations required in paragraph (2)(C), including to monitor, track, and evaluate the effectiveness of assistance provided pursuant to subsection (d). (5) Adjustments to federal laws, policies, or regulations Within 90 days of the release of the report required by paragraph (2), the Attorney General, the Secretary of Health and Human Services, and the Secretary of Defense, acting jointly, shall develop and transmit to the President and the Congress, and make publicly available, such proposals as may be necessary to implement adjustments to Federal laws, policies, or regulations, including to the Uniform Code of Military Justice, based on the recommendations required by paragraph (2)(D), either through Executive order or through changes to statutory law. (6) Authorization of appropriations (A) In general There are authorized to be appropriated such sums as may be necessary for the purpose of carrying out this subsection. Amounts authorized to be appropriated by the preceding sentence are in addition to amounts otherwise authorized to be appropriated for such purpose. (B) Availability of funds Amounts appropriated pursuant to the authorization of appropriations in subparagraph (A) are authorized to remain available until expended. (d) Authorization To provide grants (1) Grants by attorney general (A) In general The Attorney General may provide assistance to eligible State and local entities and eligible nongovernmental organizations for the purpose of incorporating the best practice recommendations developed under subsection (c)(2)(C) within relevant State laws, policies, regulations, and judicial decisions regarding people living with HIV/AIDS. (B) Authorized activities The assistance authorized by subparagraph (A) may include— (i) direct technical assistance to eligible State and local entities in order to develop, disseminate, or implement State laws, policies, regulations, or judicial decisions that conform with the best practice recommendations developed under subsection (c)(2)(C); (ii) direct technical assistance to eligible nongovernmental organizations in order to provide education and training, including through classes, conferences, meetings, and other educational activities, to eligible State and local entities; and (iii) subcontracting authority to allow eligible State and local entities and eligible nongovernmental organizations to seek technical assistance from legal and public health experts with a demonstrated understanding of the principles underlying the best practice recommendations developed under subsection (c)(2)(C). (2) Grants by Secretary of Health and Human Services (A) In general The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, may provide assistance to State and local public health departments and eligible nongovernmental organizations for the purpose of supporting eligible State and local entities to incorporate the best practice recommendations developed under subsection (c)(2)(C) within relevant State laws, policies, regulations, and judicial decisions regarding people living with HIV/AIDS. (B) Authorized activities The assistance authorized by subparagraph (A) may include— (i) direct technical assistance to State and local public health departments in order to support the development, dissemination, or implementation of State laws, policies, regulations, or judicial decisions that conform with the set of best practice recommendations developed under subsection (c)(2)(C); (ii) direct technical assistance to eligible nongovernmental organizations in order to provide education and training, including through classes, conferences, meetings, and other educational activities, to State and local public health departments; and (iii) subcontracting authority to allow State and local public health departments and eligible nongovernmental organizations to seek technical assistance from legal and public health experts with a demonstrated understanding of the principles underlying the best practice recommendations developed under subsection (c)(2)(C). (3) Limitation As a condition of receiving assistance through this subsection, eligible State and local entities, State and local public health departments, and eligible nongovernmental organizations shall agree— (A) not to place any unique or additional burdens on people living with HIV/AIDS solely as a result of their HIV status; and (B) that if the entity, department, or organization promulgates any laws, policies, regulations, or judicial decisions regarding people living with HIV/AIDS, such actions shall demonstrate a public health-oriented, evidence-based, medically accurate, and contemporary understanding of— (i) the multiple factors that lead to HIV transmission; (ii) the relative risk of HIV transmission routes; (iii) the current health implications of living with HIV; (iv) the associated benefits of treatment and support services for people living with HIV; and (v) the impact of punitive HIV-specific laws and policies on public health, on people living with or affected by HIV, and on their families and communities. (4) Report No later than 1 year after the date of the enactment of this Act, and annually thereafter, the Attorney General and the Secretary of Health and Human Services, acting jointly, shall transmit to Congress and make publicly available a report describing, for each State, the impact and effectiveness of the assistance provided through this Act. Each such report shall include— (A) a detailed description of the progress each State has made, if any, in implementing the best practice recommendations developed under subsection (c)(2)(C) as a result of the assistance provided under this subsection, and based on the performance goals and indicators established as part of the monitoring and evaluation system in subsection (c)(4); (B) a brief summary of any outreach efforts undertaken during the prior year by the Attorney General and the Secretary of Health and Human Services to encourage States to seek assistance under this subsection in order to implement the best practice recommendations developed under subsection (c)(2)(C); (C) a summary of how assistance provided through this subsection is being utilized by eligible State and local entities, State and local public health departments, and eligible nongovernmental organizations and, if applicable, any contractors, including with respect to nongovernmental organizations, the type of technical assistance provided, and an evaluation of the impact of such assistance on eligible State and local entities; and (D) a summary and description of eligible State and local entities, State and local public health departments, and eligible nongovernmental organizations receiving assistance through this subsection, including if applicable, a summary and description of any contractors selected to assist in implementing such assistance. (5) Definitions For the purposes of this subsection: (A) Eligible state and local entities The term eligible State and local entities means the relevant individuals, offices, or organizations that directly participate in the development, dissemination, or implementation of State laws, policies, regulations, or judicial decisions, including— (i) State governments, including State attorneys general, State departments of justice, and State National Guards, or their equivalents; (ii) State judicial and court systems, including trial courts, appellate courts, State supreme courts and courts of appeal, and State correctional facilities, or their equivalents; and (iii) local governments, including city and county governments, district attorneys, and local law enforcement departments, or their equivalents. (B) State and local public health departments The term State and local public health departments means the following: (i) State public health departments, or their equivalents, including the chief officer of such departments and infectious disease and communicable disease specialists within such departments. (ii) Local public health departments, or their equivalents, including city and county public health departments, the chief officer of such departments, and infectious disease and communicable disease specialists within such departments. (iii) Public health departments or officials, or their equivalents, within State or local correctional facilities. (iv) Public health departments or officials, or their equivalents, within State National Guards. (v) Any other recognized State or local public health organization or entity charged with carrying out official State or local public health duties. (C) Eligible nongovernmental organizations The term eligible nongovernmental organizations means the following: (i) Nongovernmental organizations, including trade organizations or associations that represent— (I) State attorneys general, or their equivalents; (II) State public health officials, or their equivalents; (III) State judicial and court officers, including judges, district attorneys, prosecutors, defense attorneys, law enforcement, and correctional officers; (IV) State National Guards; (V) people living with HIV/AIDS; (VI) legal advocacy and HIV/AIDS service organizations that work with people living with HIV/AIDS; and (VII) nongovernmental health organizations that work on behalf of people living with HIV/AIDS. (ii) Nongovernmental organizations, including trade organizations or associations that demonstrate a public-health oriented, evidence-based, medically accurate, and contemporary understanding of— (I) the multiple factors that lead to HIV transmission; (II) the relative risk of HIV transmission routes; (III) the current health implications of living with HIV; (IV) the associated benefits of treatment and support services for people living with HIV; and (V) the impact of punitive HIV-specific laws and policies on public health, on people living with or affected by HIV, and on their families and communities. (6) Authorization of appropriations (A) In general In addition to amounts otherwise made available, there are authorized to be appropriated to the Attorney General and the Secretary of Health and Human Services such sums as may be necessary to carry out this subsection for each of the fiscal years 2015 through 2019. (B) Availability of funds Amounts appropriated pursuant to the authorizations of appropriations in subparagraph (A) are authorized to remain available until expended. 758. Repeal of limitation against use of funds for education or information designed to promote or encourage, directly, homosexual or heterosexual activity or intravenous substance abuse Section 2500 of the Public Health Service Act ( 42 U.S.C. 300ee ) is amended— (1) by striking subsection (c); and (2) by redesignating subsection (d) as subsection (c). 759. Expanding support for condoms in prisons (a) Authority To allow community organizations To provide STI counseling, STI prevention education, and sexual barrier protection devices in Federal correctional facilities (1) Directive to attorney general Not later than 30 days after the date of enactment of this Act, the Attorney General shall direct the Bureau of Prisons to allow community organizations to distribute sexual barrier protection devices and to engage in STI counseling and STI prevention education in Federal correctional facilities. These activities shall be subject to all relevant Federal laws and regulations which govern visitation in correctional facilities. (2) Information requirement Any community organization permitted to distribute sexual barrier protection devices under paragraph (1) shall ensure that the persons to whom the devices are distributed are informed about the proper use and disposal of sexual barrier protection devices in accordance with established public health practices. Any community organization conducting STI counseling or STI prevention education under paragraph (1) shall offer comprehensive sexuality education. (3) Possession of device protected No Federal correctional facility may, because of the possession or use of a sexual barrier protection device— (A) take adverse action against an incarcerated person; or (B) consider possession or use as evidence of prohibited activity for the purpose of any Federal correctional facility administrative proceeding. (4) Implementation The Attorney General and Bureau of Prisons shall implement this section according to established public health practices in a manner that protects the health, safety, and privacy of incarcerated persons and of correctional facility staff. (b) Sense of congress regarding distribution of sexual barrier protection devices in state prison systems It is the sense of the Congress that States should allow for the legal distribution of sexual barrier protection devices in State correctional facilities to reduce the prevalence and spread of STIs in those facilities. (c) Survey of and report on correctional facility programs aimed at reducing the spread of STIs (1) Survey The Attorney General, after consulting with the Secretary of Health and Human Services, State officials, and community organizations, shall, to the maximum extent practicable, conduct a survey of all Federal and State correctional facilities, not later than 180 days after the date of enactment of this Act and annually thereafter for 5 years, to determine the following: (A) Counseling, treatment, and supportive services Whether the correctional facility requires incarcerated persons to participate in counseling, treatment, and supportive services related to STIs, or whether it offers such programs to incarcerated persons. (B) Access to sexual barrier protection devices Whether incarcerated persons can— (i) possess sexual barrier protection devices; (ii) purchase sexual barrier protection devices; (iii) purchase sexual barrier protection devices at a reduced cost; and (iv) obtain sexual barrier protection devices without cost. (C) Incidence of sexual violence The incidence of sexual violence and assault committed by incarcerated persons and by correctional facility staff. (D) Prevention education offered The type of prevention education, information, or training offered to incarcerated persons and correctional facility staff regarding sexual violence and the spread of STIs, including whether such education, information, or training— (i) constitutes comprehensive sexuality education; (ii) is compulsory for new incarcerated persons and for new staff; and (iii) is offered on an ongoing basis. (E) STI testing Whether the correctional facility tests incarcerated persons for STIs or gives them the option to undergo such testing— (i) at intake; (ii) on a regular basis; and (iii) prior to release. (F) STI test results The number of incarcerated persons who are tested for STIs and the outcome of such tests at each correctional facility, disaggregated to include results for— (i) the type of sexually transmitted infection tested for; (ii) the race and/or ethnicity of individuals tested; (iii) the age of individuals tested; and (iv) the gender of individuals tested. (G) Prerelease referral policy Whether incarcerated persons are informed prior to release about STI-related services or other health services in their communities, including free and low-cost counseling and treatment options. (H) Prerelease referrals made The number of referrals to community-based organizations or public health facilities offering STI-related or other health services provided to incarcerated persons prior to release, and the type of counseling or treatment for which the referral was made. (I) Reinstatement of medicaid benefits Whether the correctional facility assists incarcerated persons that were enrolled in the State Medicaid program prior to their incarceration, in reinstating their enrollment upon release and whether such individuals receive referrals as provided by subparagraph (G) to entities that accept the State Medicaid program, including if applicable— (i) the number of such individuals, including those diagnosed with the human immunodeficiency virus, that have been reinstated; (ii) a list of obstacles to reinstating enrollment or to making determinations of eligibility for reinstatement, if any; and (iii) the number of individuals denied enrollment. (J) Other actions taken Whether the correctional facility has taken any other action, in conjunction with community organizations or otherwise, to reduce the prevalence and spread of STIs in that facility. (2) Privacy In conducting the survey, the Attorney General shall not request or retain the identity of any person who has sought or been offered counseling, treatment, testing, or prevention education information regarding an STI (including information about sexual barrier protection devices), or who has tested positive for an STI. (3) Report The Attorney General shall transmit to Congress and make publicly available the results of the survey required under paragraph (1), both for the Nation as a whole and disaggregated as to each State and each correctional facility. To the maximum extent possible, the Attorney General shall issue the first report no later than 1 year after the date of enactment of this Act and shall issue reports annually thereafter for 5 years. (d) Strategy (1) Directive to attorney general The Attorney General, in consultation with the Secretary of Health and Human Services, State officials, and community organizations, shall develop and implement a 5-year strategy to reduce the prevalence and spread of STIs in Federal and State correctional facilities. To the maximum extent possible, the strategy shall be developed, transmitted to Congress, and made publicly available no later than 180 days after the transmission of the first report required under subsection (c)(3). (2) Contents of strategy The strategy shall include the following: (A) Prevention education A plan for improving prevention education, information, and training offered to incarcerated persons and correctional facility staff, including information and training on sexual violence and the spread of STIs, and comprehensive sexuality education. (B) Sexual barrier protection device access A plan for expanding access to sexual barrier protection devices in correctional facilities. (C) Sexual violence reduction A plan for reducing the incidence of sexual violence among incarcerated persons and correctional facility staff, developed in consultation with the National Prison Rape Elimination Commission. (D) Counseling and supportive services A plan for expanding access to counseling and supportive services related to STIs in correctional facilities. (E) Testing A plan for testing incarcerated persons for STIs during intake, during regular health exams, and prior to release, and that— (i) is conducted in accordance with guidelines established by the Centers for Disease Control and Prevention; (ii) includes pretest counseling; (iii) requires that incarcerated persons are notified of their option to decline testing at any time; (iv) requires that incarcerated persons are confidentially notified of their test results in a timely manner; and (v) ensures that incarcerated persons testing positive for STIs receive post-test counseling, care, treatment, and supportive services. (F) Treatment A plan for ensuring that correctional facilities have the necessary medicine and equipment to treat and monitor STIs and for ensuring that incarcerated persons living with or testing positive for STIs receive and have access to care and treatment services. (G) Strategies for demographic groups A plan for developing and implementing culturally appropriate, sensitive, and specific strategies to reduce the spread of STIs among demographic groups heavily impacted by STIs. (H) Linkages with communities and facilities A plan for establishing and strengthening linkages to local communities and health facilities that— (i) provide counseling, testing, care, and treatment services; (ii) may receive persons recently released from incarceration who are living with STIs; and (iii) accept payment through the State Medicaid program. (I) Enrollment in State Medicaid programs Plans to ensure that incarcerated persons who were— (i) enrolled in their State Medicaid program prior to incarceration in a correctional facility are automatically re-enrolled in such program upon their release; and (ii) not enrolled in their State Medicaid program prior to incarceration, but who are diagnosed with the human immunodeficiency virus while incarcerated in a correctional facility, are automatically enrolled in such program upon their release. (J) Other plans Any other plans developed by the Attorney General for reducing the spread of STIs or improving the quality of health care in correctional facilities. (K) Monitoring system A monitoring system that establishes performance goals related to reducing the prevalence and spread of STIs in correctional facilities and which, where feasible, expresses such goals in quantifiable form. (L) Monitoring system performance indicators Performance indicators that measure or assess the achievement of the performance goals described in subparagraph (K). (M) Cost estimate A detailed estimate of the funding necessary to implement the strategy at the Federal and State levels for all 5 years, including the amount of funds required by community organizations to implement the parts of the strategy in which they take part. (3) Report The Attorney General shall transmit to Congress and make publicly available an annual progress report regarding the implementation and effectiveness of the strategy described in paragraph (1). The progress report shall include an evaluation of the implementation of the strategy using the monitoring system and performance indicators provided for in subparagraphs (K) and (L) of paragraph (2). (e) Authorization of appropriations (1) In general There are authorized to be appropriated such sums as may be necessary to carry out this section for each of fiscal years 2015 through 2020. (2) Availability of funds Amounts made available under paragraph (1) are authorized to remain available until expended. (f) Definitions For the purposes of this section: (1) Community organization The term community organization means a public health care facility or a nonprofit organization which provides health- or STI-related services according to established public health standards. (2) Comprehensive sexuality education The term comprehensive sexuality education means sexuality education that includes information about abstinence and about the proper use and disposal of sexual barrier protection devices and which is— (A) evidence-based; (B) medically accurate; (C) age and developmentally appropriate; (D) gender and identity sensitive; (E) culturally and linguistically appropriate; and (F) structured to promote critical thinking, self-esteem, respect for others, and the development of healthy attitudes and relationships. (3) Correctional facility The term correctional facility means any prison, penitentiary, adult detention facility, juvenile detention facility, jail, or other facility to which persons may be sent after conviction of a crime or act of juvenile delinquency within the United States. (4) Incarcerated person The term incarcerated person means any person who is serving a sentence in a correctional facility after conviction of a crime. (5) Sexually transmitted infection The term sexually transmitted infection or STI means any disease or infection that is commonly transmitted through sexual activity, including HIV/AIDS, gonorrhea, chlamydia, syphilis, genital herpes, viral hepatitis, and human papillomavirus. (6) Sexual barrier protection device The term sexual barrier protection device means any FDA-approved physical device which has not been tampered with and which reduces the probability of STI transmission or infection between sexual partners, including female condoms, male condoms, and dental dams. (7) State The term State includes the District of Columbia, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, and the United States Virgin Islands. 760. Automatic reinstatement or enrollment in Medicaid for people who test positive for HIV before reentering communities (a) In general Section 1902(e) of the Social Security Act ( 42 U.S.C. 1396a(e) ) is amended by adding at the end the following: (15) Enrollment of ex-offenders (A) Automatic enrollment or reinstatement (i) In general The State plan shall provide for the automatic enrollment or reinstatement of enrollment of an eligible individual— (I) if such individual is scheduled to be released from a public institution due to the completion of sentence, not less than 30 days prior to the scheduled date of the release; and (II) if such individual is to be released from a public institution on parole or on probation, as soon as possible after the date on which the determination to release such individual was made, and before the date such individual is released. (ii) Exception If a State makes a determination that an individual is not eligible to be enrolled under the State plan— (I) on or before the date by which the individual would be enrolled under clause (i), such clause shall not apply to such individual; or (II) after such date, the State may terminate the enrollment of such individual. (B) Relationship of enrollment to payment for services (i) In general Subject to subparagraph (A)(ii), an eligible individual who is enrolled, or whose enrollment is reinstated, under subparagraph (A) shall be eligible for medical assistance that is provided after the date that the eligible individual is released from the public institution. (ii) Relationship to payment prohibition for inmates No provision of this paragraph may be construed to permit payment for care or services for which payment is excluded under the subdivision (A) that follows paragraph (29) of section 1905(a). (C) Treatment of continuous eligibility (i) Suspension for inmates Any period of continuous eligibility under this title shall be suspended on the date an individual enrolled under this title becomes an inmate of a public institution (except as a patient of a medical institution). (ii) Determination of remaining period Notwithstanding any changes to State law related to continuous eligibility during the time that an individual is an inmate of a public institution (except as a patient of a medical institution), subject to clause (iii), with respect to an eligible individual who was subject to a suspension under clause (i), on the date that such individual is released from a public institution the suspension of continuous eligibility under such clause shall be lifted for a period that is equal to the time remaining in the period of continuous eligibility for such individual on the date that such period was suspended under such clause. (iii) Exception If a State makes a determination that an individual is not eligible to be enrolled under the State plan— (I) on or before the date that the suspension of continuous eligibility is lifted under clause (ii), such clause shall not apply to such individual; or (II) after such date, the State may terminate the enrollment of such individual. (D) Automatic enrollment or reinstatement of enrollment defined For purposes of this paragraph, the term automatic enrollment or reinstatement of enrollment means that the State determines eligibility for medical assistance under the State plan without a program application from, or on behalf of, the eligible individual, but an individual can only be automatically enrolled in the State Medicaid plan if the individual affirmatively consents to being enrolled through affirmation in writing, by telephone, orally, through electronic signature, or through any other means specified by the Secretary. (E) Eligible individual defined For purposes of this paragraph, the term eligible individual means an individual who is an inmate of a public institution (except as a patient in a medical institution)— (i) who was enrolled under the State plan for medical assistance immediately before becoming an inmate of such an institution; or (ii) is diagnosed with human immunodeficiency virus. . (b) Supplemental funding for state implementation of automatic reinstatement of medicaid benefits (1) In general Subject to paragraph (6), for each State for which the Secretary of Health and Human Services has approved an application under paragraph (3), the Federal matching payments (including payments based on the Federal medical assistance percentage) made to such State under section 1903 of the Social Security Act (42 U.S.C. 1396b) shall be increased by 5.0 percentage points for payments to the State for the activities permitted under paragraph (2) or a period of one year. (2) Use of funds A State may only use increased matching payments authorized under paragraph (1)— (A) to strengthen the State’s enrollment and administrative resources for the purpose of improving processes for enrolling (or reinstating the enrollment of) eligible individuals (as such term is defined in subparagraph (E) of paragraph (15) of section 1902(e) of the Social Security Act (as amended by subsection (a))); and (B) for medical assistance (as such term is defined in section 1905(a) of the Social Security Act) provided to such eligible individuals. (3) Application and agreement The Secretary may only make payments to a State in the increased amount if— (A) the State has amended the State plan under section 1902(e) of the Social Security Act to incorporate the requirements of paragraph (15) of such section (as added by subsection (a)); (B) the State has submitted an application to the Secretary that includes a plan for implementing the requirements of section 1902(e)(15) of the Social Security Act under the State’s amended State plan before the end of the 90-day period beginning on the date that the State receives increased matching payments under paragraph (1); (C) the State’s application meets the satisfaction of the Secretary; and (D) the State enters an agreement with the Secretary that states that— (i) the State will only use the increased matching funds for the uses permitted under paragraph (2); and (ii) at the end of the period under paragraph (1), the State will submit to the Secretary, and make publicly available, a report that contains the information required under paragraph (4). (4) Required report information The information that is required in the report under paragraph (3)(D)(ii) includes— (A) the results of an evaluation of the impact of the implementation of the requirements of section 1902(e)(15) of the Social Security Act on improving the State’s processes for enrolling of individuals who are released from public institutions into the Medicaid program; (B) the number of individuals who were automatically enrolled (or whose enrollment is reinstated) under such section 1902(e)(15) during the period under paragraph (1); and (C) any other information that is required by the Secretary. (5) Increase in cap on medicaid payments to territories Subject to paragraph (6), the amounts otherwise determined for Puerto Rico, the United States Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa under subsections (f) and (g) of section 1108 of the Social Security Act ( 42 U.S.C. 1308 ) shall each be increased by the necessary amount to allow for the increase in the Federal matching payments under paragraph (1), but only for the period under such paragraph for such State. In the case of such an increase for a territory, subsection (a)(1) of such section 1108 shall be applied without regard to any increase in payment made to the territory under part E of title IV of such Act that is attributable to the increase in Federal medical assistance percentage effected under paragraph (1) for the territory. (6) Limitations (A) Timing With respect to a State, at the end of the period under paragraph (1), no increased matching payments may be made to such State under this subsection. (B) Maintenance of eligibility (i) In general Subject to clause (ii), a State is not eligible for an increase in its Federal matching payments under paragraph (1), or an increase in a cap amount under paragraph (5), if eligibility standards, methodologies, or procedures under its State plan under title XIX of the Social Security Act (including any waiver under such title or under section 1115 of such Act ( 42 U.S.C. 1315 )) are more restrictive than the eligibility standards, methodologies, or procedures, respectively, under such plan (or waiver) as in effect on the date of enactment of this Act. (ii) State reinstatement of eligibility permitted A State that has restricted eligibility standards, methodologies, or procedures under its State plan under title XIX of the Social Security Act (including any waiver under such title or under section 1115 of such Act ( 42 U.S.C. 1315 )) after the date of enactment of this Act, is no longer ineligible under subparagraph (A) beginning with the first calendar quarter in which the State has reinstated eligibility standards, methodologies, or procedures that are no more restrictive than the eligibility standards, methodologies, or procedures, respectively, under such plan (or waiver) as in effect on such date. (C) No waiver authority The Secretary may not waive the application of this subsection under section 1115 of the Social Security Act or otherwise. (D) Limitation of matching payments to 100 percent In no case shall an increase in Federal matching payments under this subsection result in Federal matching payments that exceed 100 percent. (c) Effective date (1) In general Except as provided in paragraph (2), the amendments made by subsection (a) shall take effect 180 days after the date of the enactment of this Act and shall apply to services furnished on or after such date. (2) Rule for changes requiring State legislation In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirement imposed by the amendments made by this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet this additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. 761. Stop AIDS in prison (a) Short title This section may be cited as the Stop AIDS in Prison Act . (b) In general The Bureau of Prisons (hereinafter in this section referred to as the Bureau ) shall develop a comprehensive policy to provide HIV testing, treatment, and prevention for inmates within the correctional setting and upon reentry. (c) Purpose The purposes of this policy shall be as follows: (1) To stop the spread of HIV/AIDS among inmates. (2) To protect prison guards and other personnel from HIV/AIDS infection. (3) To provide comprehensive medical treatment to inmates who are living with HIV/AIDS. (4) To promote HIV/AIDS awareness and prevention among inmates. (5) To encourage inmates to take personal responsibility for their health. (6) To reduce the risk that inmates will transmit HIV/AIDS to other persons in the community following their release from prison. (d) Consultation The Bureau shall consult with appropriate officials of the Department of Health and Human Services, the Office of National Drug Control Policy, the Office of National AIDS Policy, and the Centers for Disease Control and Prevention regarding the development of this policy. (e) Time limit The Bureau shall draft appropriate regulations to implement this policy not later than 1 year after the date of the enactment of this Act. (f) Requirements for policy The policy created under subsection (b) shall provide for the following: (1) Testing and counseling upon intake (A) Health care personnel shall provide routine HIV testing to all inmates as a part of a comprehensive medical examination immediately following admission to a facility. (Health care personnel need not provide routine HIV testing to an inmate who is transferred to a facility from another facility if the inmate’s medical records are transferred with the inmate and indicate that the inmate has been tested previously.) (B) To all inmates admitted to a facility prior to the effective date of this policy, health care personnel shall provide routine HIV testing within no more than 6 months. HIV testing for these inmates may be performed in conjunction with other health services provided to these inmates by health care personnel. (C) All HIV tests under this paragraph shall comply with the opt-out provision. (2) Pre-test and post-test counseling Health care personnel shall provide confidential pre-test and post-test counseling to all inmates who are tested for HIV. Counseling may be included with other general health counseling provided to inmates by health care personnel. (3) HIV/AIDS prevention education (A) Health care personnel shall improve HIV/AIDS awareness through frequent educational programs for all inmates. HIV/AIDS educational programs may be provided by community-based organizations, local health departments, and inmate peer educators. (B) HIV/AIDS educational materials shall be made available to all inmates at orientation, at health care clinics, at regular educational programs, and prior to release. Both written and audiovisual materials shall be made available to all inmates. (C) (i) The HIV/AIDS educational programs and materials under this paragraph shall include information on— (I) modes of transmission, including transmission through tattooing, sexual contact, and intravenous drug use; (II) prevention methods; (III) treatment; and (IV) disease progression. (ii) The programs and materials shall be culturally sensitive, written or designed for low-literacy levels, available in a variety of languages, and present scientifically accurate information in a clear and understandable manner. (4) HIV testing upon request (A) Health care personnel shall allow inmates to obtain HIV tests upon request once per year or whenever an inmate has a reason to believe the inmate may have been exposed to HIV. Health care personnel shall, both orally and in writing, inform inmates, during orientation and periodically throughout incarceration, of their right to obtain HIV tests. (B) Health care personnel shall encourage inmates to request HIV tests if the inmate is sexually active, has been raped, uses intravenous drugs, receives a tattoo, or if the inmate is concerned that the inmate may have been exposed to HIV/AIDS. (C) An inmate’s request for an HIV test shall not be considered an indication that the inmate has put him/herself at risk of infection and/or committed a violation of prison rules. (5) HIV testing of pregnant woman (A) Health care personnel shall provide routine HIV testing to all inmates who become pregnant. (B) All HIV tests under this paragraph shall comply with the opt-out provision. (6) Comprehensive treatment (A) Health care personnel shall provide all inmates who test positive for HIV— (i) timely, comprehensive medical treatment; (ii) confidential counseling on managing their medical condition and preventing its transmission to other persons; and (iii) voluntary partner notification services. (B) Health care provided under this paragraph shall be consistent with current Department of Health and Human Services guidelines and standard medical practice. Health care personnel shall discuss treatment options, the importance of adherence to antiretroviral therapy, and the side effects of medications with inmates receiving treatment. (C) Health care personnel and pharmacy personnel shall ensure that the facility formulary contains all Food and Drug Administration-approved medications necessary to provide comprehensive treatment for inmates living with HIV/AIDS, and that the facility maintains adequate supplies of such medications to meet inmates’ medical needs. Health care personnel and pharmacy personnel shall also develop and implement automatic renewal systems for these medications to prevent interruptions in care. (D) Correctional staff, health care personnel, and pharmacy personnel shall develop and implement distribution procedures to ensure timely and confidential access to medications. (7) Protection of confidentiality (A) Health care personnel shall develop and implement procedures to ensure the confidentiality of inmate tests, diagnoses, and treatment. Health care personnel and correctional staff shall receive regular training on the implementation of these procedures. Penalties for violations of inmate confidentiality by health care personnel or correctional staff shall be specified and strictly enforced. (B) HIV testing, counseling, and treatment shall be provided in a confidential setting where other routine health services are provided and in a manner that allows the inmate to request and obtain these services as routine medical services. (8) Testing, counseling, and referral prior to reentry (A) Health care personnel shall provide routine HIV testing to all inmates no more than 3 months prior to their release and reentry into the community. (Inmates who are already known to be infected need not be tested again.) This requirement may be waived if an inmate’s release occurs without sufficient notice to the Bureau to allow health care personnel to perform a routine HIV test and notify the inmate of the results. (B) All HIV tests under this paragraph shall comply with the opt-out provision. (C) To all inmates who test positive for HIV and all inmates who already are known to have HIV/AIDS, health care personnel shall provide— (i) confidential prerelease counseling on managing their medical condition in the community, accessing appropriate treatment and services in the community, and preventing the transmission of their condition to family members and other persons in the community; (ii) referrals to appropriate health care providers and social service agencies in the community that meet the inmate’s individual needs, including voluntary partner notification services and prevention counseling services for people living with HIV/AIDS; and (iii) a 30-day supply of any medically necessary medications the inmate is currently receiving. (9) Opt-out provision Inmates shall have the right to refuse routine HIV testing. Inmates shall be informed both orally and in writing of this right. Oral and written disclosure of this right may be included with other general health information and counseling provided to inmates by health care personnel. If an inmate refuses a routine test for HIV, health care personnel shall make a note of the inmate’s refusal in the inmate’s confidential medical records. However, the inmate’s refusal shall not be considered a violation of prison rules or result in disciplinary action. Any reference in this section to the opt-out provision shall be deemed a reference to the requirement of this paragraph. (10) Exclusion of tests performed under section 4014( b ) from the definition of routine HIV Testing HIV testing of an inmate under section 4014(b) of title 18, United States Code, is not routine HIV testing for the purposes of the opt-out provision. Health care personnel shall document the reason for testing under section 4014(b) of title 18, United States Code, in the inmate’s confidential medical records. (11) Timely notification of test results Health care personnel shall provide timely notification to inmates of the results of HIV tests. (g) Changes in existing law (1) Screening in Genera Section 4014(a) of title 18, United States Code, is amended— (A) by striking for a period of 6 months or more ; (B) by striking , as appropriate, ; and (C) by striking if such individual is determined to be at risk for infection with such virus in accordance with the guidelines issued by the Bureau of Prisons relating to infectious disease management and inserting unless the individual declines. The Attorney General shall also cause such individual to be so tested before release unless the individual declines. . (2) Inadmissibility of HIV Test Results in Civil and Criminal Proceedings Section 4014(d) of title 18, United States Code, is amended by inserting or under the Stop AIDS in Prison Act after under this section . (3) Screening as Part of Routine Screening Section 4014(e) of title 18, United States Code, is amended by adding at the end the following: Such rules shall also provide that the initial test under this section be performed as part of the routine health screening conducted at intake. . (h) Reporting requirements (1) Report on Hepatitis and Other Diseases Not later than 1 year after the date of the enactment of this Act, the Bureau shall provide a report to the Congress on Bureau policies and procedures to provide testing, treatment, and prevention education programs for hepatitis and other diseases transmitted through sexual activity and intravenous drug use. The Bureau shall consult with appropriate officials of the Department of Health and Human Services, the Office of National Drug Control Policy, the Office of National AIDS Policy, and the Centers for Disease Control and Prevention regarding the development of this report. (2) Annual Reports (A) Generally Not later than 2 years after the date of the enactment of this Act, and then annually thereafter, the Bureau shall report to Congress on the incidence among inmates of diseases transmitted through sexual activity and intravenous drug use. (B) Matters pertaining to various diseases Reports under paragraph (1) shall discuss— (i) the incidence among inmates of HIV/AIDS, hepatitis, and other diseases transmitted through sexual activity and intravenous drug use; and (ii) updates on Bureau testing, treatment, and prevention education programs for these diseases. (C) Matters pertaining to HIV/AIDS only Reports under paragraph (1) shall also include— (i) the number of inmates who tested positive for HIV upon intake; (ii) the number of inmates who tested positive prior to reentry; (iii) the number of inmates who were not tested prior to reentry because they were released without sufficient notice; (ix) the number of inmates who opted-out of taking the test; (x) the number of inmates who were tested under section 4014(b) of title 18, United States Code; and (xi) the number of inmates under treatment for HIV/AIDS. (D) Consultation The Bureau shall consult with appropriate officials of the Department of Health and Human Services, the Office of National Drug Control Policy, the Office of National AIDS Policy, and the Centers for Disease Control and Prevention regarding the development of reports under paragraph (1). 762. Support data system review and indicators for monitoring HIV care The Secretary of Health and Human Services, in collaboration with the Assistant Secretary for Health, the Director of the Office of HIV/AIDS and Infectious Disease Policy, the Director of the Centers for Disease Control and Prevention, the Administrator of the Substance Abuse and Mental Health Services Administration, the Director of the Department of Housing and Urban Development, the Director of the Office of AIDS Research, the Administrator of the Health Resources and Services Administration, and the Administrator of the Centers for Medicare & Medicaid Services, shall expand and coordinate efforts to align metrics across agencies and modify Federal data systems, to— (1) adopt the Institute of Medicine’s clinical HIV care indicators as the core metrics for monitoring the quality of HIV care, mental health, substance abuse, and supportive services; (2) better enable assessment of the impact of the National HIV/AIDS Strategy and the Patient Protection and Affordable Care Act on improving HIV/AIDS care and access to supportive services for individuals with HIV; (3) expand the demographic data elements to be captured by Federal data systems relevant to HIV care to permit calculation of the indicators for subgroups of the population of people with diagnosed HIV infection, including— (A) age; (B) race; (C) ethnicity; (D) sex (assigned at birth); (E) gender identity; (F) sexual orientation; (G) current geographic marker of residence; (H) income or poverty level; and (I) primary means of reimbursement for medical services (including Medicaid, Medicare, the Ryan White HIV/AIDS Program, private insurance, health maintenance organizations, and no coverage); and (4) streamline data collection and systematically review all existing reporting requirements for federally funded HIV/AIDS programs to ensure that only essential data are collected. 763. Transfer of funds for implementation of national HIV/AIDS strategy Title II of the Public Health Service Act ( 42 U.S.C. 202 et seq. ) is amended by inserting after section 241 the following: 241A. Transfer of funds for implementation of National HIV/AIDS Strategy (a) Transfer authorization Of the discretionary appropriations made available to the Department of Health and Human Services for any fiscal year for programs and activities that, as determined by the Secretary of Health and Human Services, pertain to HIV/AIDS, the Secretary, in coordination with the Director of the Office of National HIV/AIDS Policy, may transfer up to 1 percent of such appropriations to the Office of the Assistant Secretary for Health for implementation of the National HIV/AIDS Strategy. (b) Congressional notification Not less than 30 days before making any transfer under this section, the Secretary shall give notice of the transfer to the Congress. (c) Definitions In this section: (1) The term HIV/AIDS has the meaning given to such term in section 2689. (2) The term National HIV/AIDS Strategy means the National HIV/AIDS Strategy for the United States issued by the President in July 2010 and includes any subsequent revisions to such Strategy. . 764. HIV integrated services delivery model demonstration (a) In general Consistent with the National HIV/AIDS Strategy for the United States and in accordance with this section, the Secretary of Health and Human Services acting through the Center for Medicare & Medicaid Innovation and in cooperation with CDC, HRSA, SAMHSA, and HUD, shall conduct a 3-year demonstration project that is designed to integrate services and funding under the Medicare and Medicaid programs, under HIV-related programs conducted by the CDC, and under the Ryan White HIV/AIDS Program, to reduce new HIV infections, to increase the proportion of people who know their status, to increase access to care, to improve health outcomes, to reduce HIV-related health disparities among Medicaid and Medicare beneficiaries, and to reduce the cost of care provided to HIV positive Medicare and Medicaid beneficiaries. (b) Objectives The objectives of the demonstration are the following: (1) To ensure the early identification of HIV positive beneficiaries to reduce costly HIV-related clinical conditions through HIV screening and rapid linkage to high quality HIV medical care. (2) To reduce new HIV infections among Medicaid and Medicare beneficiaries through routine HIV testing, prevention services for HIV negative beneficiaries, and intensive “prevention for positive” services for HIV positive beneficiaries. (3) To reduce morbidity, mortality, and high cost inpatient and specialty care among HIV positive beneficiaries by ensuring access to high quality HIV medical care, HIV medications, and support services. (4) To promote HIV treatment adherence and retention in care through intensive case management, treatment education, and outreach services. (5) To effectively treat behavioral health conditions among HIV positive beneficiaries that impair their HIV treatment adherence and lead to secondary HIV infections through services funded under Medicare and Medicaid and programs administered by SAMHSA. (6) To promote independence, treatment adherence, and stable housing for HIV positive beneficiaries through highly coordinated HIV health, housing, and support services funded by HRSA and HUD. (c) Demonstration design (1) In general The Secretary shall design the demonstration to test both— (A) the service delivery model described in paragraph (2); and (B) the payment model described in paragraph (3). (2) Service delivery model (A) In general Under the service delivery model described in this paragraph, the demonstration shall test comprehensive HIV testing, linkage to care, HIV medical care, and ancillary services to individuals enrolled under Medicare, Medicaid, or both. The service delivery model will integrate services furnished under Medicare and Medicaid with prevention services funded by CDC for HIV positive beneficiaries, intensive case management services funded by HRSA, behavioral services funded by SAMHSA, and housing assistance services funded through HUD. (B) Core elements The model under this paragraph shall have the following 8 core elements: (i) HIV testing services that apply the CDC’s 2006 recommendations for universal opt-out testing among Medicare and Medicaid beneficiary populations. (ii) Rapid linkage from HIV testing settings to treatment for HIV positive beneficiaries to ensure they are engaged in care in a timely basis. (iii) Access to high quality HIV experienced medical care, laboratory monitoring, HIV medications, and other required services. (iv) Routine screening and treatment for HIV-related and other chronic conditions, including behavioral health. (v) Prevention and treatment education services, including an adapted Medication Therapy Management (MTM) program model, to optimize the benefit of HIV therapeutics. (vi) Risk-stratified medical case management. (vii) Provision of preventive care, including counseling to prevent secondary HIV infection. (viii) Wrap-around support and housing services. (3) Payment model Under the payment model described in this paragraph, the demonstration shall test the following: (A) A prepaid capitated payment model that adjusts payment for HIV and behavioral health acuity, to be applied under contracts with managed care organizations with demonstrated HIV experience. (B) Use of funds under the Ryan White HIV/AIDS Program to purchase capitated services from the contracted managed care organizations. (C) Provision of additional funds to support services to the extent that Medicaid and Medicare coverage is limited, including for services such as HIV testing (for Medicaid beneficiaries), medical case management, prevention case management, treatment education, case finding, behavioral health services, and housing assistance. (d) Beneficiary criteria Beneficiaries eligible for participation in the demonstration are the following: (1) Medicaid FFS beneficiaries Fee-for-service Medicaid beneficiaries 18 years of age or older. (2) Dual eligibles Individuals who are— (A) entitled to medical assistance under Medicaid; and (B) entitled to benefits under part A, and enrolled under part B, of Medicare but are not enrolled under a Medicare Advantage plan under Medicare. (e) Roles and responsibilities in demonstration (1) In general Consistent with the National HIV/AIDS Strategy for the United States, Federal agencies shall coordinate their funding for the selected States or cities covered under the demonstration to provide resources to fund the delivery of services within the demonstration. (2) HHS In carrying out the demonstration, the Secretary shall— (A) design the application process; (B) solicit applications from 5 to 7 State Medicaid agencies to host the demonstration; (C) with respect to the service delivery model described in subsection (c)(2), collaborate with the CDC, HRSA, and the National Institutes of Health to design a minimum service delivery model that reflects the current standard of care as established by the Public Health Service and CDC guidelines and recommendations; and (D) fund an evaluation of the demonstration to ensure collection of system, provider, and beneficiary-level data to address their routine reporting requirements. The Secretary may carry out the Secretary’s authority under this paragraph through CMMI. (3) CDC The CDC shall collaborate with the Secretary and CDC-funded HIV prevention grantees in the selected States and cities to provide technical assistance to design cost-effective HIV and sexually transmitted infection (STI) screening and testing services for Medicaid and Medicare beneficiaries, including partner notification services and communicable disease reporting. CDC and CMS shall determine the extent to which testing funds shall be supported jointly or separately by these agencies. (4) HRSA HRSA shall allocate funds available through the Special Projects of National Significance (SPNS) Initiative Program (under subpart I of part F of the Ryan White HIV/AIDS Program) to support wrap-around core and support services not covered under Medicare or Medicaid and shall authorize the use of Ryan White HIV/AIDS Program funds to purchase services through capitated managed care programs that meet or exceed the services covered by the Ryan White HIV/AIDS Program at rates that are no greater than current per capita expenditures. HRSA is authorized to use funds under SPNS, and to waive such requirements of SPNS as may be necessary, to carry out the demonstration. (5) SAMHSA SAMHSA shall allocate funds through the Minority HIV/AIDS Initiative or other programs to support behavioral health services not covered under Medicare or Medicaid. (6) HOPWA HUD shall directly allocate funds under the Housing Opportunities for People With AIDS (HOPWA) program to the States or cities participating in the demonstration to provide supportive housing and other housing assistance to beneficiaries who otherwise meet HOPWA eligibility criteria. HUD is authorized to use such HOPWA funds, and to waive such requirements under HOPWA as may be necessary, to carry out the demonstration. (7) State Medicaid agencies Single State agencies responsible for administration of the Medicaid program for individuals who are accepted to participate in the demonstration shall— (A) collaborate with CMS to design or refine a prepaid capitated payment model, to allocate and award contracts with capitated managed care plans, to ensure such plans meet State statutory or regulatory requirements, to contract with a coordinating agency to organize and deliver integrated HIV testing, medical care, support, and housing services funded under Medicare and Medicaid, other Federal, State, and local government sponsors, and to coordinate their activities with the State HIV/AIDS program; and (B) identify and contract with a coordinating agency to organize the demonstration in the State, to establish a coordinating body representing State, local, and provider agencies participating in the demonstration, to establish systems of care that integrate HIV prevention, testing, treatment, support, and housing services, to establish mechanisms to gather evaluation data for reporting to CMMI and other participating Federal agencies, and to establish a quality management program to monitor provider performance in delivering the services provided to participating beneficiaries under the demonstration. (8) Managed care organizations Capitated managed care organizations participating in the demonstration shall organize and deliver services as specified by the minimum service delivery model established by CMMI through a network of providers with demonstrated HIV experience, high quality, and sufficient provider capacity. (f) Definitions In this section: (1) CDC The term CDC means the Director of the Centers for Disease Control and Prevention. (2) CMMI The term CMMI means the Director of the Center for Medicare & Medicaid Innovation. (3) CMS The term CMS means the Administrator of the Centers for Medicare & Medicaid Services. (4) Demonstration The term demonstration means the demonstration conducted under this section. (5) HRSA The term HRSA means the Administrator of the Health Resources and Services Administration. (6) HUD The term HUD means the Secretary of Housing and Urban Development. (7) Medicare; Medicaid The terms Medicare and Medicaid mean the programs under titles XVIII and XIX, respectively, of the Social Security Act. (8) National HIV/AIDS Strategy for the United States The term National HIV/AIDS Strategy for the United States has the meaning given such term under section 241A(b) of the Public Health Service Act. (9) Ryan White HIV/AIDS Program The term Ryan White HIV/AIDS Program means the program under title XXVI of the Public Health Service Act. (10) SAMHSA The term SAMHSA means the Substance Abuse and Mental Health Services Administration. (11) Secretary The term Secretary means the Secretary of Health and Human Services, acting through CMMI. 765. Report on the implementation of goal 4 (improved coordination) of the national HIV/AIDS strategy (a) Report required The President, in consultation with the heads of all relevant Federal departments and agencies including the Department of Education, the Department of Health and Human Services, the Department of Housing and Urban Development, the Department of Justice, the Department of Labor, the Department of Veteran Affairs, and the Social Security Administration, shall transmit to the Congress and make publicly available a report on the status of implementation of Goal 4 of the National HIV/AIDS Strategy. (b) Contents The report required by subsection (a) shall include a description, an analysis, and an evaluation of— (1) the extent to which the National HIV/AIDS Strategy has improved coordination of efforts, enhanced capacity, and strengthened infrastructure in order to maximize the effective delivery of HIV/AIDS prevention, care, and treatment services at the community level, including coordination— (A) within and among Federal agencies and departments; (B) between the Federal Government and State and local governments and health departments; (C) between the Federal Government and nonprofit foundations and civil society organizations, including community- and faith-based organizations focused on addressing the issue of HIV/AIDS; and (D) between the Federal Government and private businesses; and (2) efforts by the Federal Government to educate, involve, and establish and strengthen partnerships with civil society organizations, including community- and faith-based organizations, in order to implement the National HIV/AIDS Strategy and achieve its goals. (c) Definition In this section, the term National HIV/AIDS Strategy means the National HIV/AIDS Strategy for the United States issued by the President in July 2010 and includes any subsequent revisions to such Strategy. F Diabetes 771. Research, treatment, and education Subpart 3 of part C of title IV of the Public Health Service Act ( 42 U.S.C. 285c et seq. ) is amended by adding at the end the following new section: 434B. Diabetes in minority populations (a) In general The Director of NIH shall expand, intensify, and support ongoing research and other activities with respect to prediabetes and diabetes, particularly type 2, in minority populations. (b) Research (1) Description Research under subsection (a) shall include investigation into— (A) the causes of diabetes, including socioeconomic, geographic, clinical, environmental, genetic, and other factors that may contribute to increased rates of diabetes in minority populations; and (B) the causes of increased incidence of diabetes complications in minority populations, and possible interventions to decrease such incidence. (2) Inclusion of minority participants In conducting and supporting research described in subsection (a), the Director of NIH shall seek to include minority participants as study subjects in clinical trials. (c) Report; comprehensive plan (1) In general The Diabetes Mellitus Interagency Coordinating Committee shall— (A) prepare and submit to the Congress, not later than 6 months after the date of enactment of this section, a report on Federal research and public health activities with respect to prediabetes and diabetes in minority populations; and (B) develop and submit to the Congress, not later than 1 year after the date of enactment of this section, an effective and comprehensive Federal plan (including all appropriate Federal health programs) to address prediabetes and diabetes in minority populations. (2) Contents The report under paragraph (1)(A) shall at minimum address each of the following: (A) Research on diabetes and prediabetes in minority populations, including such research on— (i) genetic, behavioral, and environmental factors; and (ii) prevention and complications among individuals within these populations who have already developed diabetes. (B) Surveillance and data collection on diabetes and prediabetes in minority populations, including with respect to— (i) efforts to better determine the prevalence of diabetes among Asian-American and Pacific Islander subgroups; and (ii) efforts to coordinate data collection on the American Indian population. (C) Community-based interventions to address diabetes and prediabetes targeting minority populations, including— (i) the evidence base for such interventions; (ii) the cultural appropriateness of such interventions; and (iii) efforts to educate the public on the causes and consequences of diabetes. (D) Education and training programs for health professionals (including community health workers) on the prevention and management of diabetes and its related complications that is supported by the Health Resources and Services Administration, including such programs supported by— (i) the National Health Service Corps; or (ii) the community health centers program under section 330. (d) Education The Director of NIH shall— (1) through the National Institute on Minority Health and Health Disparities and the National Diabetes Education Program— (A) make grants to programs funded under section 464z–4 (relating to centers of excellence) for the purpose of establishing a mentoring program for health care professionals to be more involved in weight counseling, obesity research, and nutrition; and (B) provide for the participation of minority health professionals in diabetes-focused research programs; and (2) make grants for programs to establish a pipeline from high school to professional school that will increase minority representation in diabetes-focused health fields by expanding Minority Access to Research Careers (MARC) program internships and mentoring opportunities for recruitment. (e) Definitions For purposes of this section: (1) The Diabetes Mellitus Interagency Coordinating Committee means the Diabetes Mellitus Interagency Coordinating Committee established under section 429. (2) The term minority population means a racial and ethnic minority group, as defined in section 1707. . 772. Research, education, and other activities Part B of title III of the Public Health Service Act ( 42 U.S.C. 243 et seq. ) is amended by inserting after section 317T the following section: 317U. Diabetes in minority populations (a) Research and other activities (1) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall conduct and support research and public health activities with respect to diabetes in minority populations. (2) Certain activities Activities under paragraph (1) regarding diabetes in minority populations shall include the following: (A) Further enhancing the National Health and Nutrition Examination Survey by over-sampling Asian-American, Native Hawaiian, and Other Pacific Islanders in appropriate geographic areas to better determine the prevalence of diabetes in such populations as well as to improve the data collection of diabetes penetration disaggregated into major ethnic groups within such populations. The Secretary shall ensure that any such oversampling does not reduce the oversampling of other minority populations including African-American and Latino populations. (B) Through the Division of Diabetes Translation— (i) providing for prevention research to better understand how to influence health care systems changes to improve quality of care being delivered to such populations; (ii) carrying out model demonstration projects to design, implement, and evaluate effective diabetes prevention and control interventions for minority populations, including culturally appropriate community-based interventions; (iii) developing and implementing a strategic plan to reduce diabetes in minority populations through applied research to reduce disparities and culturally and linguistically appropriate community-based interventions; (iv) supporting, through the national diabetes prevention program under section 399V–3, diabetes prevention program sites in underserved regions highly impacted by diabetes; and (v) implementing, through the national diabetes prevention program under section 399V–3, a demonstration program developing new metrics measuring health outcomes related to diabetes that can be stratified by specific minority populations. (b) Education The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall direct the Division of Diabetes Translation to conduct and support both programs to educate the public on diabetes in minority populations and programs to educate minority populations about the causes and effects of diabetes. (c) Diabetes; health promotion, prevention activities, and access The Secretary, acting through the Director of the Centers for Disease Control and Prevention and the National Diabetes Education Program, shall conduct and support programs to educate specific minority populations through culturally appropriate and linguistically appropriate information campaigns about prevention of, and managing, diabetes. (d) Definition For purposes of this section, the term minority population means a racial and ethnic minority group, as defined in section 1707. . 773. Research, education, and other activities Part P of title III of the Public Health Service Act ( 42 U.S.C. 280g et seq. ), as amended, is further amended by adding at the end the following new section: 399V–7. Programs to educate health providers on the causes and effects of diabetes in minority populations (a) In general The Secretary, acting through the Director of the Health Resources and Services Administration, shall conduct and support programs described in subsection (b) to educate health professionals on the causes and effects of diabetes in minority populations. (b) Programs Programs described in this subsection, with respect to education on diabetes in minority populations, shall include the following: (1) Giving priority, under the primary care training and enhancement program under section 747— (A) to awarding grants to focus on or address diabetes; and (B) adding minority populations to the list of vulnerable populations that should be served by such grants. (2) Providing additional funds for the Health Careers Opportunity Program, Centers for Excellence, and the Minority Faculty Fellowship Program to partner with the Office of Minority Health under section 1707 and the National Institutes of Health to strengthen programs for career opportunities focused on diabetes treatment and care within underserved regions highly impacted by diabetes. (3) Developing a diabetes focus within, and providing additional funds for, the National Health Service Corps Scholarship Program— (A) to place individuals in areas that are disproportionately affected by diabetes and to provide diabetes treatment and care in such areas; and (B) to provide such individuals continuing medical education specific to diabetes care. . 774. Research, education, and other activities Part P of title III of the Public Health Service Act ( 42 U.S.C. 280g et seq. ), as amended, is further amended by adding at the end the following section: 399V–8. Research, education, and other activities regarding diabetes in American Indian populations In addition to activities under sections 317V–6 and 434B, the Secretary, acting through the Indian Health Service and in collaboration with other appropriate Federal agencies, shall— (1) conduct and support research and other activities with respect to diabetes; and (2) coordinate the collection of data on clinically and culturally appropriate diabetes treatment, care, prevention, and services by health care professionals to the American Indian population. . 775. Updated report on health disparities The Secretary of Health and Human Services shall seek to enter into an arrangement with the Institute of Medicine under which the Institute will— (1) not later than 1 year after the date of enactment of this Act, submit to the Congress an updated version of the Institute’s 2002 report entitled Unequal Treatment: Confronting Racial and Ethnic Disparities in Health Care ; and (2) in such updated version, address how racial and ethnic health disparities have changed since the publication of the original report. G Lung Disease 776. Expansion of the National Asthma Education and Prevention Program (a) In general Not later than 2 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall convene a working group comprised of patient groups, nonprofit organizations, medical societies, and other relevant governmental and nongovernmental entities, including those that participate in the National Asthma Education and Prevention Program, to develop a report to Congress that— (1) catalogs, with respect to asthma prevention, management, and surveillance— (A) the activities of the Federal Government, including identifying all Federal programs that carry out asthma-related activities, as well as assessment of the progress of the Federal Government and States, with respect to achieving the goals of the Healthy People 2020 initiative; and (B) the activities of other entities that participate in the program, including nonprofit organizations, patient advocacy groups, and medical societies; and (2) makes recommendations for the future direction of asthma activities, in consultation with researchers from the National Institutes of Health and other member bodies of the National Asthma Education and Prevention Program who are qualified to review and analyze data and evaluate interventions, including— (A) description of how the Federal Government may better coordinate and improve its response to asthma including identifying any barriers that may exist; (B) description of how the Federal Government may continue, expand, and improve its private-public partnerships with respect to asthma including identifying any barriers that may exist; (C) identification of steps that may be taken to reduce the— (i) morbidity, mortality, and overall prevalence of asthma; (ii) financial burden of asthma on society; (iii) burden of asthma on disproportionately affected areas, particularly those in medically underserved populations (as defined in section 330(b)(3) of the Public Health Service Act ( 42 U.S.C. 254b(b)(3) )); and (iv) burden of asthma as a chronic disease; (D) identification of programs and policies that have achieved the steps described in subparagraph (C), and steps that may be taken to expand such programs and policies to benefit larger populations; and (E) recommendations for future research and interventions. (b) Report to Congress At the end of the 5-year period following the submission of the report under subsection (a), the National Asthma Education and Prevention Program shall evaluate the analyses and recommendations under such report and determine whether a new report to the Congress is necessary, and make appropriate recommendations to the Congress. 777. Asthma-related activities of the Centers for Disease Control and Prevention Section 317I of the Public Health Service Act ( 42 U.S.C. 247b–10 ) is amended to read as follows: 317I. Asthma-related activities of the centers for disease control and prevention (a) Program for providing information and education to the public The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall collaborate with State and local health departments to conduct activities, including the provision of information and education to the public regarding asthma including— (1) deterring the harmful consequences of uncontrolled asthma; and (2) disseminating health education and information regarding prevention of asthma episodes and strategies for managing asthma. (b) Development of state asthma plans The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall collaborate with State and local health departments to develop State plans incorporating public health responses to reduce the burden of asthma, particularly regarding disproportionately affected populations. (c) Compilation of data The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall, in cooperation with State and local public health officials— (1) conduct asthma surveillance activities to collect data on the prevalence and severity of asthma, the effectiveness of public health asthma interventions, and the quality of asthma management, including— (A) collection of household data on the local burden of asthma; (B) surveillance of health care facilities; and (C) collection of data not containing individually identifiable information from electronic health records or other electronic communications; (2) compile and annually publish data regarding the prevalence and incidence of childhood asthma, the child mortality rate, and the number of hospital admissions and emergency department visits by children associated with asthma nationally and in each State and at the county level by age, sex, race, and ethnicity, as well as lifetime and current prevalence; and (3) compile and annually publish data regarding the prevalence and incidence of adult asthma, the adult mortality rate, and the number of hospital admissions and emergency department visits by adults associated with asthma nationally and in each State and at the county level by age, sex, race, ethnicity, industry, and occupation, as well as lifetime and current prevalence. (d) Coordination of data collection The Director of the Centers for Disease Control and Prevention, in conjunction with State and local health departments, shall coordinate data collection activities under subsection (c)(2) so as to maximize comparability of results. (e) Collaboration The Centers for Disease Control and Prevention are encouraged to collaborate with national, State, and local nonprofit organizations to provide information and education about asthma, and to strengthen such collaborations when possible. (f) Additional funding In addition to any other authorization of appropriations that is available to the Centers for Disease Control and Prevention for the purpose of carrying out this section, there are authorized to be appropriated to such Centers such sums as may be necessary for each of fiscal years 2015 through 2019 for the purpose of carrying out this section. . 778. Influenza and pneumonia vaccination campaign (a) In general The Secretary of Health and Human Services shall— (1) enhance the annual campaign by the Department of Health and Human Services to increase the number of people vaccinated each year for influenza and pneumonia; and (2) include in such campaign the use of written educational materials, public service announcements, physician education, and any other means which the Secretary deems effective. (b) Materials and announcements In carrying out the annual campaign described in subsection (a), the Secretary of Health and Human Services shall ensure that— (1) educational materials and public service announcements are readily and widely available in communities experiencing disparities in the incidence and mortality rates of influenza and pneumonia; and (2) the campaign uses targeted, culturally appropriate messages and messengers to reach underserved communities. (c) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2015 through 2019. 779. Chronic obstructive pulmonary disease action plan (a) In general The Director of the Centers for Disease Control and Prevention shall conduct, support, and expand public health strategies, prevention, diagnosis, surveillance, and public and professional awareness activities regarding chronic obstructive pulmonary disease. (b) National action plan (1) Development Not later than 2 years after the date of the enactment of this Act, the Director of the National Heart, Lung, and Blood Institute, in consultation with the Director of the Centers for Disease Control and Prevention, shall develop a national action plan to address chronic obstructive pulmonary disease in the United States with participation from patients, caregivers, health professionals, patient advocacy organizations, researchers, providers, public health professionals, and other stakeholders. (2) Contents At a minimum, such plan shall include recommendations for— (A) public health interventions for the purpose of implementation of the national plan; (B) biomedical, health services, and public health research on chronic obstructive pulmonary disease; and (C) inclusion of chronic obstructive pulmonary disease in the health data collections of all Federal agencies. (3) Consideration In developing such plan, the Director of the National Heart, Lung, and Blood Institute shall consider the recommendations and findings of the Institute of Medicine in the report entitled A Nationwide Framework for Surveillance of Cardiovascular and Chronic Lung Diseases (July 22, 2011). (c) Chronic disease prevention programs The Director of the National Heart, Lung, and Blood Institute shall carry out the following: (1) Conduct public education and awareness activities with patient and professional organizations to stimulate earlier diagnosis and improve patient outcomes from treatment of chronic obstructive pulmonary disease. To the extent known and relevant, such public education and awareness activities shall reflect differences in chronic obstructive pulmonary disease by cause (tobacco, environmental, occupational, biological, and genetic) and include a focus on outreach to undiagnosed and, as appropriate, minority populations. (2) Supplement and expand upon the activities of the National Heart, Lung, and Blood Institute by making grants to nonprofit organizations, State and local jurisdictions, and Indian tribes for the purpose of reducing the burden of chronic obstructive pulmonary disease, especially in disproportionately impacted communities, through public health interventions and related activities. (3) Coordinate with the Centers for Disease Control and Prevention, the Indian Health Service, the Health Resources and Services Administration, and the Department of Veterans Affairs to develop pilot programs to demonstrate best practices for the diagnosis and management of chronic obstructive pulmonary disease. (4) Develop improved techniques and identify best practices, in coordination with the Secretary of Veterans Affairs, for assisting chronic obstructive pulmonary disease patients to successfully stop smoking, including identification of subpopulations with different needs. Initiatives under this paragraph may include research to determine whether successful smoking cessation strategies are different for chronic obstructive pulmonary disease patients compared to such strategies for patients with other chronic diseases. (d) Environmental and occupational health programs The Director of the Centers for Disease Control and Prevention shall— (1) support research into the environmental and occupational causes and biological mechanisms that contribute to chronic obstructive pulmonary disease; and (2) develop and disseminate public health interventions that will lessen the impact of environmental and occupational causes of chronic obstructive pulmonary disease. (e) Data Collection Not later than 180 days after the enactment of this Act, the Director of the National Heart, Lung, and Blood Institute and the Director of the Centers for Disease Control and Prevention, acting jointly, shall assess the depth and quality of information on chronic obstructive pulmonary disease that is collected in surveys and population studies conducted by the Centers for Disease Control and Prevention, including whether there are additional opportunities for information to be collected in the National Health and Nutrition Examination Survey, the National Health Interview Survey, and the Behavioral Risk Factors Surveillance System surveys. The Director of the National Heart, Lung, and Blood Institute shall include the results of such assessment in the national action plan under subsection (b). (f) Authorization of Appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2015 through 2019. H Osteoarthritis and Musculoskeletal Diseases 781. Findings The Congress finds as follows: (1) Eighty percent of African-American women and nearly 74 percent of Hispanic men are either overweight or obese, speeding the onset and progression of arthritis. (2) Arthritis affects 46 million Americans, and that number will rise to 67 million by the year 2030. (3) Twenty-seven million Americans suffer from osteoarthritis, the most common form of arthritis, making it the leading cause of disability in the United States. Osteoarthritis is sometimes referred to as degenerative joint disease. (4) Obesity accelerates the onset of arthritis: 70 percent of obese adults with mild osteoarthritis of the knee at age 60 will develop advanced end-stage disease by age 80. In contrast, just 43 percent of non-obese adults will have end-stage disease over the same time period. (5) Arthritis affects one in five Americans, and is the single greatest cause of chronic pain and disability in the United States. (6) Women, African-Americans, and Hispanics have more severe arthritis and functional limitations. These same individuals are more likely to be obese, diabetic, and have higher incidence of heart disease—medical conditions that can be improved with physical activity. Instead of moving; however, these groups have an inactivity rate of 40 to 50 percent, which continues to increase. (7) Arthritis costs $128 billion a year, including $81 billion in direct costs (medical) and $47 billion in indirect costs (lost earnings). Each year, $309 billion in direct and indirect costs is lost due to disparities in osteoarthritis and musculoskeletal diseases. (8) Obesity and other chronic health conditions exacerbate the debilitating impact of arthritis, leading to inactivity, loss of independence, and a perpetual cycle of comorbid chronic conditions. (9) Sixty-one percent of arthritis sufferers are women, and women represent 64 percent of an estimated 43 million annual visits to physicians’ offices and outpatient clinics where arthritis was the primary diagnosis. Women also represented 60 percent of approximately 1 million hospitalizations that occurred in 2003 for which arthritis was the primary diagnosis. (10) Women ages 65 and older have up to 2½ times more disabilities than men of the same age. Higher rates of obesity and arthritis among this group explained up to 48 percent of the gender gap in disability, above all other common chronic health conditions. (11) The primary indication for total knee arthroplasty (TKA), also known as knee replacement, is relief of significant, disabling pain caused by severe arthritis. (12) Knee replacement is surgery for people with severe knee damage. Knee replacement can relieve pain and allow you to be more active. When you have a total knee replacement, the surgeon removes damaged cartilage and bone from the surface of your knee joint and replaces them with a man-made surface of metal and plastic. In a partial knee replacement, the surgeon only replaces one part of your knee joint. (13) Total hip replacement, also called total hip arthroplasty (THA), is used if your hip pain interferes with daily activities and more-conservative treatments have not helped. Arthritis damage is the most common reason to need hip replacement. (14) The odds of a family practice physician recommending TKA to a male patient with moderate arthritis are twice that of a female patient, while the odds of an orthopaedic surgeon recommending TKA to a male patient with moderate arthritis are 22 times that of a female patient. (15) African-Americans with doctor-diagnosed arthritis have a higher prevalence of severe pain attributable to arthritis, compared with Whites (34.0 percent versus 22.6 percent). African-Americans, compared to Whites, report a higher proportion of work limitations (39.5 percent versus 28.0 percent) and a higher prevalence of arthritis-attributable work limitation (6.6 percent versus 4.6 percent). (16) Hispanics are 50 percent more likely than non-Hispanic Whites to report needing assistance with at least one instrumental activity of daily living and to have difficulty walking. (17) African-Americans and Hispanics were 1.3 times more likely to have activity limitation, 1.6 times more likely to have work limitations, and 1.9 times more likely to have severe joint pain than Whites. (18) In 2003, the Institute of Medicine reported that the rates of TKA and THA among African-American and Hispanic patients are significantly lower than for Whites—even for those with equitable health care coverage such as through Medicare or the Department of Veterans Affairs. (19) According to the Centers for Disease Control and Prevention, in 2000, African-American Medicare enrollees were 37 percent less likely than White Medicare enrollees to undergo total knee replacements. In 2006, the disparity increased to 39 percent. (20) Even after adjusting for insurance and health access, Hispanics and African-Americans are almost 50 percent less likely to undergo total knee replacement than Whites. 782. Osteoarthritis and other musculoskeletal health-related activities of the Centers for Disease Control and Prevention (a) Education and Awareness activities The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall direct the National Center for Chronic Disease Prevention and Health Promotion to conduct and expand the Health Community Program and Arthritis Program to educate the public on— (1) the causes of, preventive health actions for, and effects of arthritis and other musculoskeletal conditions in minority patient populations; and (2) the effects of such conditions on other comorbidities including obesity, hypertension, and cardiovascular disease. (b) Programs on arthritis and musculoskeletal conditions Education and awareness programs of the Centers for Disease Control and Prevention on arthritis and other musculoskeletal conditions in minority communities shall— (1) be culturally and linguistically appropriate to minority patients, targeting musculoskeletal health promotion and prevention programs of each major ethnic group, including— (A) Native Americans and Alaska Natives; (B) Asian-Americans; (C) African-Americans/Blacks; (D) Hispanic/Latino-Americans; and (E) Native Hawaiians and Pacific Islanders; and (2) include public awareness campaigns directed toward these patient populations that emphasize the importance of musculoskeletal health, physical activity, diet and healthy lifestyle, and weight reduction for overweight and obese patients. (c) Authorization of Appropriations To carry out this section, there are authorized to be appropriated such sums as necessary for fiscal year 2015 and each subsequent fiscal year. I Sleep and Circadian Rhythm Disorders 791. Short title; findings (a) Short title This subtitle may be cited as the Sleep and Circadian Rhythm Disorders Health Disparities Act . (b) Findings The Congress finds the following: (1) Decrements in sleep health such as sleep apnea, insufficient sleep time, and insomnia, affect 50–70 million United States adults. Twelve to eighteen million United States adults have sleep apnea, a chronic disorder characterized by one or more pauses in breathing which can last from a few seconds to minutes. They may occur 30 times or more an hour, disrupting sleep and resulting in excessive daytime sleepiness and loss in productivity. (2) Seventy percent of high school students are not getting enough sleep on school nights, while 33 percent of Americans get fewer than 7 hours of sleep per night and roughly 6,000 fatal motor vehicle crashes are caused by drowsy drivers. (3) Insufficient sleep and insomnia are more prevalent in women. Women who are pregnant and have sleep apnea are at an increased risk of cardiovascular complications during pregnancy. The impact of disparities in sleep health is associated with a growing number of health problems, including the following: (A) Hypertension. (B) Cancer. (C) Stroke. (D) Cardiac arrhythmia. (E) Chronic heart failure and heart disease. (F) Diabetes. (G) Cognitive functioning and behavior. (H) Depression and bipolar disorder. (I) Substance abuse. (4) A sleep disparity exists in that poor sleep quality is strongly associated with poverty and race. Factors such as employment, education, and health status, amongst others, significantly mediated this effect only in poor subjects, suggesting a differential vulnerability to these factors in poor relative to non-poor individuals in the context of sleep quality. (5) African-Americans sleep worse than Caucasian Americans. African-Americans take longer to fall asleep, report poorer sleep quality, have more light and less deep sleep, and nap more often and longer. (6) African-Americans and individuals in lower socioeconomic status groups may be at an increased risk for sleep disturbances and associated health consequences. (7) Among young African-Americans, the likelihood of having sleep disordered breathing and exhibiting risk factors for poor sleep is twice that in young Caucasians. Frequent snoring is more common among African-American and Hispanic women and Hispanic men compared to non-Hispanic Caucasians, independent of other factors including obesity. (8) African-Americans with sleep disordered breathing develop symptoms at a younger age than Caucasians but appear less likely to be diagnosed and treated in a timely manner. This delay may at least in part be due to reduced access to care. (9) Sleep loss contributes to increased risk for chronic conditions such as obesity, diabetes, and hypertension, all of which have increased prevalence in underserved, underrepresented minorities. Racial and ethnic disparities related to obesity may also contribute to disparities in health outcomes related to sleep disordered breathing. (10) Non-Caucasian adults report an insomnia rate of 12.9 percent compared to only 6.6 percent for Caucasians. (11) African-American women have a higher incidence of insomnia than African-American men, perhaps related in part to higher risk for chronic persisting symptoms. 792. Sleep and circadian rhythm disorders research activities of the National Institutes of Health (a) In general The Director of the National Institutes of Health, acting through the Director of the National Heart, Lung, and Blood Institute, shall— (1) continue to expand research activities addressing sleep health disparities; and (2) continue implementation of the NIH Sleep Disorders Research Plan across all institutes and centers of the National Institutes of Health to improve treatment and prevention of sleep health disparities. (b) Required research activities In conducting or supporting research relating to sleep and circadian rhythm, the Director of the National Heart, Lung, and Blood Institute shall— (1) advance epidemiology and clinical research to achieve a more complete understanding of disparities in domains of sleep health and across population subgroups for which cardiovascular and metabolic health disparities exist, including— (A) prevalence and severity of sleep apnea; (B) habitual sleep duration; (C) sleep timing and regularity; and (D) insomnia; (2) develop study designs and analytical approaches to explain and predict multilevel and life-course determinants of sleep health and to elucidate the sleep-related causes of cardiovascular and metabolic health disparities across the age spectrum, including such determinants and causes that are— (A) environmental; (B) biological or genetic; (C) psychosocial; (D) societal; (E) political; or (F) economic; (3) determine the contribution of sleep impairments such as sleep apnea, insufficient sleep duration, irregular sleep schedules, and insomnia to unexplained disparities in cardiovascular and metabolic risk and disease outcomes; (4) develop study designs, data sampling and collection tools, and analytical approaches to optimize understanding of mediating and moderating factors, and feedback mechanisms coupling sleep to cardiovascular and metabolic health disparities; (5) advance research to understand cultural and linguistic barriers (on the person, provider, or system level) to access to care, medical diagnosis, and treatment of sleep disorders in diverse population groups; (6) develop and test multilevel interventions (including sleep health education in diverse communities) to reduce disparities in sleep health that will impact ability to improve disparities in cardiovascular and metabolic risk or disease; (7) create opportunities to integrate sleep and health disparity science by strategically utilizing resources (existing or anticipated cohorts), exchanging scientific data and ideas (cross-over into scientific meetings), and develop multidisciplinary investigator-initiated grant applications; and (8) enhance the diversity and foster career development of young investigators involved in sleep and health disparities science. (c) Authorization of appropriations To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal year 2015 and each subsequent fiscal year. 793. Sleep and circadian rhythm health disparities-related activities of the Centers for Disease Control and Prevention (a) In general The Director of the Centers for Disease Control and Prevention shall conduct, support, and expand public health strategies and prevention, diagnosis, surveillance, and public and professional awareness activities regarding sleep and circadian rhythm disorders. (b) Findings The Congress finds as follows: (1) Sleep disorders and sleep deficiency unrelated to a primary sleep disorder are underdiagnosed and are increasingly detrimental to health status. (2) The consequences to society include additional diseases, motor vehicle accidents, decreased longevity, elevated direct medical costs, and indirect costs related to work absenteeism and property damage. (c) Required surveillance and education awareness activities In conducting or supporting research relating to sleep and circadian rhythm disorders surveillance and education awareness activities, the Director of the Centers for Disease Control and Prevention shall— (1) ensure that such activities are culturally and linguistically appropriate to minority patients, targeting sleep and circadian rhythm health promotion and prevention programs of each major ethnic group, including— (A) Native Americans and Alaska Natives; (B) Asian-Americans; (C) African-Americans/Blacks; (D) Hispanic/Latino-Americans; and (E) Native Hawaiians and Pacific Islanders; (2) collect and compile national and State surveillance data on sleep disorders health disparities; (3) continue to develop and implement new sleep questions in public health surveillance systems to increase public awareness of sleep health and sleep disorders and their impact on health; (4) publish monthly reports highlighting geographic, racial, and ethnic disparities in sleep health, as well as relationships between insufficient sleep and chronic disease, health risk behaviors, and other outcomes as determined necessary by the Director; and (5) include public awareness campaigns that inform patient populations from major ethnic groups about the prevalence of sleep and circadian rhythm disorders and emphasize the importance of sleep health. (d) Authorization of Appropriations To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal year 2015 and each subsequent fiscal year. VIII Health Information Technology 800. Definitions In this title: (1) The term certified EHR technology has the meaning given to that term in section 3000 of the Public Health Service Act (42 U.S.C. 300jj). (2) The term EHR means an electronic health record. A Reducing Health Disparities Through Health IT 801. HRSA assistance to health centers for promotion of Health IT The Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, shall expand and intensify the programs and activities of the Administration (directly or through grants or contracts) to provide technical assistance and resources to health centers (as defined in section 330(a) of the Public Health Service Act (42 U.S.C. 254b(a)) to adopt and meaningfully use certified EHR technology for the management of chronic diseases and health conditions and reduction of health disparities. 802. Assessment of impact of Health IT on racial and ethnic minority communities; outreach and adoption of Health IT in such communities (a) National Coordinator for Health Information Technology (1) In general The National Coordinator for Health Information Technology shall conduct an evaluation of the level of use and accessibility of electronic health records in racial and ethnic minority communities focusing on whether patients in those communities have providers with EHRs, stratified by disparity variables. (2) Content In conducting the evaluation under paragraph (1), the National Coordinator shall publish the results of a study regarding the 100,000 providers recruited by the Regional Extension Center established under section 3012 of the Public Health Service Act ( 42 U.S.C. 300jj–32 ), including the race and ethnicity of such providers and the populations served by such providers, with the populations stratified by disparity variables. (b) National center for health statistics As soon as practicable after the date of enactment of this Act, the Director of the National Center for Health Statistics shall provide to Congress a more detailed analysis of the data presented in the Data Brief 79 published by such Center in November 2011 (entitled Electronic Health Record Systems and Intent to Apply for Meaningful Use Incentives Among Office-Based Physician Practices ). (c) Institute of medicine The Secretary of Health and Human Services may enter into an agreement with the Institute of Medicine of the National Academies that provides such Institute will— (1) evaluate the impact of health information technology in racial and ethnic minority communities; and (2) publish a report regarding such evaluation. (d) Centers for Medicare & Medicaid Services (1) In general As part of the process of collecting information, with respect to a provider, at registration and attestation for purposes of the Medicare and Medicaid Electronic Health Records Incentive Programs, the Secretary of Health and Human Services shall collect the race and ethnicity of such provider. (2) Medicare and Medicaid Electronic Health Records Incentive Programs defined For purposes of paragraph (1), the term Medicare and Medicaid Electronic Health Records Incentive Programs means the incentive programs under section 1814(l)(3), subsections (a)(7) and (o) of section 1848, subsections (l) and (m) of section 1853, subsections (b)(3)(B)(ix)(I) and (n) of section 1886, and subsections (a)(3)(F) and (t) of section 1903 of the Social Security Act ( 42 U.S.C. 1395f(l)(3) , 1395w–4, 1395w–23, 1395ww, and 1396b). (e) National Coordinator’s assessment of impact of HIT Section 3001(c)(6)(C) of the Public Health Service Act ( 42 U.S.C. 300jj–11(c)(6)(C) ) is amended— (1) in the heading by inserting , racial and ethnic minority communities, after health disparities ; (2) by inserting , in communities with a high proportion of individuals from racial and ethnic minority groups (as defined in section 1707(g)), including people with disabilities in these groups, after communities with health disparities ; and (3) by adding at the end the following new sentence: In any publication under the previous sentence, the National Coordinator shall include best practices for encouraging partnerships between the Federal Government, States, and private entities to expand outreach for and the adoption of certified EHR technology in communities with a high proportion of individuals from racial and ethnic minority groups (as so defined), while also maintaining the accessibility requirements of section 508 of the Rehabilitation Act to encourage patient involvement in their own health care. The National Coordinator shall— (i) not later than 6 months after the submission to the Congress of the report required by section 832 of the Health Equity and Accountability Act of 2014 , establish criteria for evaluating the impact of health information technology on communities with a high proportion of individuals from racial and ethnic minority groups (as so defined) taking into account the findings in such report; and (ii) not later than 12 months after the submission to the Congress of such reports, conduct and publish the results of an evaluation of such impact. . B Modifications To Achieve Parity in Existing Programs 811. Extending funding to strengthen the Health IT infrastructure in racial and ethnic minority communities Section 3011 of the Public Health Service Act ( 42 U.S.C. 300jj–31 ) is amended— (1) in subsection (a), by adding at the end the following new paragraph: (8) Activities described in the previous paragraphs of this subsection with respect to communities with a high proportion of individuals from racial and ethnic minority groups (as defined in section 1707(g)). ; and (2) by adding at the end the following new subsection: (e) Annual report on expenditures The National Coordinator shall report annually to the Congress on activities and expenditures under this section. . 812. Prioritizing regional extension center assistance to racial and ethnic minority groups (a) In general Section 3012(c)(4)(C) of the Public Health Service Act ( 42 U.S.C. 300jj–32(c)(4)(C) ) is amended by inserting or individuals from racial and ethnic minority groups (as defined in section 1707(g)) after medically underserved individuals . (b) Biennial evaluation Section 3012(c)(8) of such Act ( 42 U.S.C. 300jj–32(c)(8) ) is amended— (1) by inserting: Each evaluation panel shall include at least one consumer advocate from a racial and ethnic minority community served by the center involved, at least one patient or family caregiver, and at least one representative of a minority-serving institution. after ‘ and of Federal officials. ; and (2) by inserting and shall determine the degree to which such center provides outreach and assistance to providers predominantly serving racial and ethnic minority groups (as defined in section 1707(g)) after specified in paragraph (3) . 813. Extending competitive grants for the development of loan programs to facilitate adoption of certified EHR technology by providers serving racial and ethnic minority groups Section 3014(e) of the Public Health Service Act ( 42 U.S.C. 300jj–34(e) ) is amended— (1) in paragraph (3), by striking at the end or ; (2) in paragraph (4), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following new paragraph: (5) carry out any of the activities described in a previous paragraph of this subsection with respect to communities with a high proportion of individuals from racial and ethnic minority groups (as defined in section 1707(g)). . 814. Authorization of appropriations Section 3018 of the Public Health Service Act ( 42 U.S.C. 300jj–38 ) is amended by striking fiscal years 2009 through 2013 and inserting fiscal years 2014 through 2021 . C Additional Research and Studies 831. Data collection and assessments conducted in coordination with minority-serving institutions Section 3001(c)(6) of the Public Health Service Act ( 42 U.S.C. 300jj–11(c)(6) ) is amended by adding at the end the following new subparagraph: (F) Data collection and assessments conducted in coordination with minority-serving institutions (i) In general In carrying out subparagraph (C) with respect to communities with a high proportion of individuals from racial and ethnic minority groups (as defined in section 1707(g)), the National Coordinator shall, to the greatest extent possible, coordinate with an entity described in clause (ii). (ii) Minority-serving institutions For purposes of clause (i), an entity described in this clause is a historically Black college or university, a Hispanic-serving institution, a tribal college or university, or an Asian-American-, Native American-, and Pacific Islander-serving institution with an accredited public health, health policy, or health services research program. . 832. Study of health information technology in medically underserved communities (a) In general Not later than 24 months after the date of enactment of this Act, the Secretary of Health and Human Services shall— (1) enter into an agreement with the Institute of Medicine of the National Academies (or, if the Institute of Medicine declines, another appropriate public or nonprofit private entity) to conduct a study on the development, implementation, and effectiveness of health information technology within medically underserved areas (as described in subsection (c)); and (2) submit a report to Congress describing the results of such study, including any recommendations for legislative or administrative action. (b) Study The study described in subsection (a)(1) shall— (1) identify barriers to successful implementation of health information technology in medically underserved areas; (2) examine the impact of health information technology on providing quality care and reducing the cost of care to individuals in such areas, including the impact of such technology on improved health outcomes for individuals, including which technology worked for which population and how it improved health outcomes for that population; (3) examine the impact of health information technology on improving health-care-related decisions by both patients and providers in such areas; (4) identify specific best practices for using health information technology to foster the consistent provision of physical accessibility and reasonable policy accommodations in health care to individuals with disabilities in such areas; (5) assess the feasibility and costs associated with the use of health information technology in such areas; (6) evaluate whether the adoption and use of qualified electronic health records (as described in section 3000(13) of the Public Health Service Act ( 42 U.S.C. 300jj(13) ) is effective in reducing health disparities, including analysis of clinical quality measures reported by Medicare and Medicaid providers pursuant to programs to encourage the adoption and use of certified EHR technology; (7) identify providers in medically underserved areas that are not electing to adopt and use electronic health records and determine what barriers are preventing those providers from adopting and using such records; and (8) examine urban and rural community health systems and determine the impact that health information technology may have on the capacity of primary health providers in those systems. (c) Medically underserved area The term medically underserved area means— (1) a population that has been designated as a medically underserved population under section 330(b)(3) of the Public Health Service Act ( 42 U.S.C. 254b(b)(3) ); (2) an area that has been designated as a health professional shortage area under section 332 of the Public Health Service Act ( 42 U.S.C. 254e ); (3) an area or population that has been designated as a medically underserved community under section 799B(6) of the Public Health Service Act ( 42 U.S.C. 295p(6) ); or (4) an area or population that— (A) is not described in paragraphs (1) through (3) of this subsection; (B) experiences significant barriers to accessing quality health services; and (C) has a high prevalence of diseases or conditions described in title VII of this Act, with such diseases or conditions having a disproportionate impact on racial and ethnic minority groups (as defined in section 1707(g) of the Public Health Service Act ( 42 U.S.C. 300u-6(g) )) or a subgroup of people with disabilities who have specific functional impairments. D Closing Gaps in Funding To Adopt Certified EHRs 841. Application of Medicare HITECH payments to hospitals in Puerto Rico (a) In general Subsection (n)(6)(B) of section 1886 of the Social Security Act ( 42 U.S.C. 1395ww ) is amended by striking subsection (d) hospital and inserting hospital that is a subsection (d) hospital or a subsection (d) Puerto Rico hospital . (b) Offsetting reduction Subsection (n)(2) of section 1886 of the Social Security Act ( 42 U.S.C. 1395ww ) is amended by adding at the end the following new subparagraph: (H) Budget neutrality adjustment The Secretary shall reduce the applicable amounts that would otherwise be determined under this subsection with respect to— (i) the first fiscal year to which this subparagraph applies by an amount that the Secretary estimates would ensure that estimated aggregate payments under this subsection for such fiscal year are not increased as a result of the amendments made by subsection (a) of section 841 of the Health Equity and Accountability Act of 2014; or (ii) a succeeding fiscal year by an amount that the Secretary estimates would ensure that estimated aggregate payments under this subsection for such fiscal year are not increased as a result of the amendments made by subsections (a) and (c) of such section. . (c) Conforming amendments (1) Subsection (b)(3)(B)(ix) of such section is amended— (A) in subclause (I), by striking (n)(6)(A) and inserting (n)(6)(B) ; and (B) in subclause (II), by striking subsection (d) hospital and inserting an eligible hospital . (2) Paragraphs (2) and (4)(A) of section 1853(m) of the Social Security Act ( 42 U.S.C. 1395w–23(m) ) are each amended by striking 1886(n)(6)(A) and inserting 1886(n)(6)(B) . (d) Implementation Notwithstanding any other provision of law, the Secretary of Health and Human Services may implement the amendments made by subsections (a), (b) and (c) by program instruction or otherwise. (e) Effective date The amendments made by this section shall apply to payments for payment years for fiscal years beginning after the date of the enactment of this Act. 842. Extending Medicaid EHR incentive payments to rehabilitation facilities, long-term care facilities, and home health agencies Section 1903(t)(2)(B) of the Social Security Act ( 42 U.S.C. 1396b(t)(2)(B) ) is amended— (1) in clause (i), by striking , or and inserting a semicolon; (2) in clause (ii), by striking the period at the end and inserting a semicolon; and (3) by inserting after clause (ii) the following new clauses: (iii) a rehabilitation facility (as defined in section 1886(j)(1)) that furnishes acute or subacute rehabilitation services; (iv) a long-term care hospital (as defined in section 1886(d)(1)(B)(iv)(I)); or (v) a home health agency (as defined in section 1861(o)). . 843. Extending physician assistant eligibility for Medicaid electronic health record incentive payments (a) In general Section 1903(t)(3)(B)(v) of the Social Security Act ( 42 U.S.C. 1396b(t)(3)(B)(v) ) is amended to read as follows: (v) physician assistant, in the case that the assistant is a primary care provider, including an assistant who practices in a rural health clinic that is led by a physician assistant or practices in a federally qualified health center that is so led. . (b) Effective date The amendment made by subsection (a) shall apply with respect to amounts expended under section 1903(a)(3)(F) of the Social Security Act ( 42 U.S.C. 1396b(a)(3)(F) ) for calendar quarters beginning on or after the date of the enactment of this Act. IX Accountability and Evaluation 901. Prohibition on discrimination in Federal assisted health care services and research programs on the basis of sex, race, color, national origin, marital status, familial status, sexual orientation, gender identity, or disability status (a) In general No person in the United States shall, on the basis of sex, race, color, national origin, marital status, familial status, sexual orientation, gender identity, or disability status, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any health program or activity, including any health research program or activity, receiving Federal financial assistance. (b) Definition In this section, the term familial status means, with respect to one or more individuals— (1) being domiciled with any individual related by blood or affinity whose close association with the individual is the equivalent of a family relationship; (2) being in the process of securing legal custody of any individual; or (3) being pregnant. 902. Treatment of Medicare payments under title VI of the Civil Rights Act of 1964 A payment to a provider of services, physician, or other supplier under part B, C, or D of title XVIII of the Social Security Act shall be deemed a grant, and not a contract of insurance or guaranty, for the purposes of title VI of the Civil Rights Act of 1964. 903. Accountability and transparency within the Department of Health and Human Services Title XXXIV of the Public Health Service Act , as amended by titles I, II, and III of this Act, is further amended by inserting after subtitle B the following: C Strengthening accountability 3441. Elevation of the Office of Civil Rights (a) In general The Secretary shall establish within the Office for Civil Rights an Office of Health Disparities, which shall be headed by a director to be appointed by the Secretary. (b) Purpose The Office of Health Disparities shall ensure that the health programs, activities, and operations of health entities which receive Federal financial assistance are in compliance with title VI of the Civil Rights Act, which prohibits discrimination on the basis of race, color, or national origin. The activities of the Office shall include the following: (1) The development and implementation of an action plan to address racial and ethnic health care disparities, which shall address concerns relating to the Office for Civil Rights as released by the United States Commission on Civil Rights in the report entitled Health Care Challenge: Acknowledging Disparity, Confronting Discrimination, and Ensuring Equity (September 1999) in conjunction with the reports by the Institute of Medicine entitled Unequal Treatment: Confronting Racial and Ethnic Disparities in Health Care , Crossing the Quality Chasm: A New Health System for the 21st Century , In the Nation's Compelling Interest: Ensuring Diversity in the Health Care Workforce , The National Partnership for Action to End Health Disparities , and The Health of Lesbian, Gay, Bisexual, and Transgender People , and other related reports by the Institute of Medicine. This plan shall be publicly disclosed for review and comment and the final plan shall address any comments or concerns that are received by the Office. (2) Investigative and enforcement actions against intentional discrimination and policies and practices that have a disparate impact on minorities. (3) The review of racial, ethnic, gender identity, sexual orientation, sex, disability status, socioeconomic status, and primary language health data collected by Federal health agencies to assess health care disparities related to intentional discrimination and policies and practices that have a disparate impact on minorities. (4) Outreach and education activities relating to compliance with title VI of the Civil Rights Act. (5) The provision of technical assistance for health entities to facilitate compliance with title VI of the Civil Rights Act. (6) Coordination and oversight of activities of the civil rights compliance offices established under section 3442. (7) Ensuring— (A) at a minimum, compliance with the 1997 Office of Management and Budget Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity; and (B) consideration of available data and language standards such as— (i) the standards for collecting and reporting data under section 3101; and (ii) the National Standards on Culturally and Linguistically Appropriate Services of the Office of Minority Health within the Department of Health and Human Services. (c) Funding and staff The Secretary shall ensure the effectiveness of the Office of Health Disparities by ensuring that the Office is provided with— (1) adequate funding to enable the Office to carry out its duties under this section; and (2) staff with expertise in— (A) epidemiology; (B) statistics; (C) health quality assurance; (D) minority health and health disparities; (E) cultural and linguistic competency; (F) civil rights; and (G) social, behavioral, and economic determinants of health. (d) Report Not later than December 31, 2015, and annually thereafter, the Secretary, in collaboration with the Director of the Office for Civil Rights and the Deputy Assistant Secretary for Minority Health, shall submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives that includes— (1) the number of cases filed, broken down by category; (2) the number of cases investigated and closed by the office; (3) the outcomes of cases investigated; (4) the staffing levels of the office including staff credentials; (5) the number of other lingering and emerging cases in which civil rights inequities can be demonstrated; and (6) the number of cases remaining open and an explanation for their open status. (e) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2015 through 2020. 3442. Establishment of Health Program offices for Civil Rights within Federal Health and human services agencies (a) In general The Secretary shall establish civil rights compliance offices in each agency within the Department of Health and Human Services that administers health programs. (b) Purpose of offices Each office established under subsection (a) shall ensure that recipients of Federal financial assistance under Federal health programs administer their programs, services, and activities in a manner that— (1) does not discriminate, either intentionally or in effect, on the basis of race, national origin, language, ethnicity, sex, age, disability, sexual orientation, and gender identity; and (2) promotes the reduction and elimination of disparities in health and health care based on race, national origin, language, ethnicity, sex, age, disability, sexual orientation, and gender identity. (c) Powers and duties The offices established in subsection (a) shall have the following powers and duties: (1) The establishment of compliance and program participation standards for recipients of Federal financial assistance under each program administered by an agency within the Department of Health and Human Services including the establishment of disparity reduction standards to encompass disparities in health and health care related to race, national origin, language, ethnicity, sex, age, disability, sexual orientation, and gender identity. (2) The development and implementation of program-specific guidelines that interpret and apply Department of Health and Human Services guidance under title VI of the Civil Rights Act of 1964 and section 1557 of the Patient Protection and Affordable Care Act to each Federal health program administered by the agency. (3) The development of a disparity-reduction impact analysis methodology that shall be applied to every rule issued by the agency and published as part of the formal rulemaking process under sections 555, 556, and 557 of title 5, United States Code. (4) Oversight of data collection, analysis, and publication requirements for all recipients of Federal financial assistance under each Federal health program administered by the agency; compliance with, at a minimum, the 1997 Office of Management and Budget Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity; and consideration of available data and language standards such as— (A) the standards for collecting and reporting data under section 3101; and (B) the National Standards on Culturally and Linguistically Appropriate Services of the Office of Minority Health within the Department of Health and Human Services. (5) The conduct of publicly available studies regarding discrimination within Federal health programs administered by the agency as well as disparity reduction initiatives by recipients of Federal financial assistance under Federal health programs. (6) Annual reports to the Committee on Health, Education, Labor, and Pensions and the Committee on Finance of the Senate and the Committee on Energy and Commerce and the Committee on Ways and Means of the House of Representatives on the progress in reducing disparities in health and health care through the Federal programs administered by the agency. (d) Relationship to Office for Civil Rights in the Department of Justice (1) Department of Health and Human Services The Office for Civil Rights in the Department of Health and Human Services shall provide standard-setting and compliance review investigation support services to the Civil Rights Compliance Office for each agency. (2) Department of Justice The Office for Civil Rights in the Department of Justice shall continue to maintain the power to institute formal proceedings when an agency Office for Civil Rights determines that a recipient of Federal financial assistance is not in compliance with the disparity reduction standards of the agency. (e) Definition In this section, the term Federal health programs mean programs— (1) under the Social Security Act ( 42 U.S.C. 301 et seq. ) that pay for health care and services; and (2) under this Act that provide Federal financial assistance for health care, biomedical research, health services research, and programs designed to improve the public’s health, including health service programs. . 904. United States Commission on Civil Rights (a) Coordination within Department of Justice of activities regarding Health disparities Section 3(a) of the Civil Rights Commission Act of 1983 ( 42 U.S.C. 1975a(a) ) is amended— (1) in paragraph (1), by striking and at the end; (2) in paragraph (2), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (3) shall, with respect to activities carried out in health care and correctional facilities toward the goal of eliminating health disparities between the general population and members of racial or ethnic minority groups, coordinate such activities of— (A) the Office for Civil Rights within the Department of Justice; (B) the Office of Justice Programs within the Department of Justice; (C) the Office for Civil Rights within the Department of Health and Human Services; and (D) the Office of Minority Health within the Department of Health and Human Services (headed by the Deputy Assistant Secretary for Minority Health). . (b) Authorization of appropriations Section 5 of the Civil Rights Commission Act of 1983 ( 42 U.S.C. 1975c ) is amended by striking the first sentence and inserting the following: For the purpose of carrying out this Act, there are authorized to be appropriated $30,000,000 for fiscal year 2015, and such sums as may be necessary for each of the fiscal years 2016 through 2020. . 905. Sense of Congress concerning full funding of activities to eliminate racial and ethnic health disparities (a) Findings Congress makes the following findings: (1) The health status of the American populace is declining and the United States currently ranks below most industrialized nations in health status measured by longevity, sickness, and mortality. (2) Racial and ethnic minority populations tend have the poorest health status and face substantial cultural, social, and economic barriers to obtaining quality health care. (3) Lesbian, gay, bisexual and transgender (LGBT) populations experience significant personal and structural barriers to obtaining high-quality health care. (4) Efforts to improve minority health have been limited by inadequate resources (funding, staffing, and stewardship) and lack of accountability. (b) Sense of Congress It is the sense of Congress that— (1) funding should be doubled by fiscal year 2016 for the National Institute for Minority Health Disparities, the Office of Civil Rights in the Department of Health and Human Services, the National Institute of Nursing Research, and the Office of Minority Health; (2) adequate funding by fiscal year 2016, and subsequent funding increases, should be provided for health and human service professions training programs, the Racial and Ethnic Approaches to Community Health (REACH) Initiative at the Centers for Disease Control and Prevention, the Minority HIV/AIDS Initiative, and the Excellence Centers to Eliminate Ethnic/Racial Disparities (EXCEED) Program at the Agency for Healthcare Research and Quality; (3) funding should be fully restored to the Racial and Ethnic Approaches to Community Health (REACH) Initiative at the Centers for Disease Control and Prevention, which has been a successful program at the community health level, and efforts should continue to place a strong emphasis on building community capacity to secure financial resources and technical assistance to eliminate health disparities; (4) adequate funding for fiscal year 2016 and increased funding for future years should be provided for the REACH Initiative’s United States Risk Factor Survey to ensure adequate data collection to track health disparities, and there should be appropriate avenues provided to disseminate findings to the general public; (5) current and newly created health disparity elimination incentives, programs, agencies, and departments under this Act (and the amendments made by this Act) should receive adequate staffing and funding by fiscal year 2016; and (6) stewardship and accountability should be provided to the Congress and the President for measurable and sustainable progress toward health disparity elimination. 906. GAO and NIH reports (a) GAO report on NIH grant racial and ethnic diversity (1) In general The Comptroller General of the United States shall conduct a study on the racial and ethnic diversity among the following groups: (A) All applicants for grants, contracts, and cooperative agreements awarded by the National Institutes of Health during the period beginning on January 1, 1990, and ending December 31, 2013. (B) All recipients of such grants, contracts, and cooperative agreements. (C) All members of the peer review panels of such applicants and recipients, respectively. (2) Report Not later than six months after the date of the enactment of this Act, the Comptroller General shall complete the study under paragraph (1) and submit to Congress a report containing the results of such study. (b) NIH report on certain authority of National Institute on Minority Health and Health Disparities Not later than six months after the date of the enactment of this Act, and biennially thereafter, the Director of the National Institutes of Health, in collaboration with the Director of the National Institute on Minority Health and Health Disparities, shall submit to Congress a report that details and evaluates— (1) the steps taken during the applicable report period by the Director of the National Institutes of Health to enforce the expanded planning, coordination, review, and evaluation authority provided the National Institute on Minority Health and Health Disparities under section 464z–3(h) of the Public Health Service Act ( 42 U.S.C. 285(h) ), as added by section 10334(c) of the Patient Protection and Affordable Care Act, over all minority health and health disparity research that is conducted or supported by the Institutes and Centers at the National Institutes of Health; and (2) the outcomes of such steps. (c) GAO report related to recipients of PPACA funding Not later than one year after the date of the enactment of this Act and biennially thereafter until 2024, the Comptroller General of the United States shall submit to Congress a report that identifies, with respect to minority community-based organizations that applied during the applicable report period for Federal funding provided pursuant to the provisions of (and amendments made by) the Patient Protection and Affordable Care Act for purposes of achieving health equity and eliminating health disparities, the percentage of such organizations that were awarded such funding. (d) Annual report on activities of National Institute on Minority Health and Health Disparities The Director of the National Institute on Minority Health and Health Disparities shall prepare an annual report on the activities carried out or to be carried out by the Institute, and shall submit each such report to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Energy and Commerce of the House of Representatives, the Secretary of Health and Human Services, and the Director of the National Institutes of Health. With respect to the fiscal year involved, the report shall— (1) describe and evaluate the progress made in health disparities research conducted or supported by institutes and centers of the National Institutes of Health; (2) summarize and analyze expenditures made for activities with respect to health disparities research conducted or supported by the National Institutes of Health; (3) include a separate statement applying the requirements of paragraphs (1) and (2) specifically to minority health disparities research; and (4) contain such recommendations as the Director of the Institute considers appropriate. X Addressing Social Determinants and Improving Environmental Justice 1001. Definitions (a) Determinants of health The term determinants of health — (1) refers to the range of personal, social, economic, and environmental factors that influence health status; and (2) includes social determinants of health (which are sometimes referred to as social and economic determinants of health or socioeconomic determinants of health ), environmental determinants of health, and personal determinants of health. (b) Environmental determinants of health The term environmental determinants of health refers to the broad physical, psychological, social, and aesthetic environment. (c) Personal determinants of health The term personal determinants of health refers to an individual’s behavior, biology, and genetics. (d) Social determinants of health The term social determinants of health refers to a subset of determinants of the health of individuals and environments (such as communities, neighborhoods, and societies) that describe people’s social identity, describe the social and economic resources to which people have access, and describe the conditions in which people work, live, and play. 1002. Findings The Congress finds as follows: (1) There are more opportunities to improve health for everyone when we understand that health starts, first, not in a medical setting, but in our families, in our schools and workplaces, in our neighborhoods, and in the air we breathe and water we drink. (2) The social determinants of health are the largest predictors of health outcomes. (3) Healthy People 2020 identifies health and health care quality as a function of not only access to health care, but also the social determinants of health, categorized into the following: neighborhoods and the built environment; social and community context; education; and economic stability. The following examples illustrate the nexus between the unequal distribution of the social determinants of health and health disparities: (A) The built environment influences residents’ level of physical activity. Neighborhoods with high levels of poverty are significantly less likely to have places where children can be physically active, such as parks, green spaces, and bike paths and lanes. Neighborhoods and communities can provide opportunities for physical activity and support active lifestyles through accessible and safe parks and open spaces and through land use policy, zoning, and healthy community design. (B) Emotional and physical health and well-being are directly impacted by perceived levels of safety, such as unlit streets at night. Community members have expressed that safety is not only a barrier to accessing programs and services that increase quality of life but they are also not able to access physical activity in their community through the built environment. (C) In many workplace environments, toxic chemicals have lasting detrimental effects on employees’ health. The hazardous compounds found in most nail salon products affect the respiratory system, reproductive system, and central nervous system, and also cause kidney and liver damage. Recognizing the importance of addressing occupational hazards as a matter of public health, especially for Asian-American women who constitute 40 percent of nail salon technicians—with Vietnamese-American women accounting for 37 percent of this—the White House Initiative on Asian American Pacific Islanders has created an interagency working group to coordinate efforts by the Environmental Protection Agency, Occupational and Safety Health Administration, Food and Drug Administration, and other Federal agencies to create programming, draft regulations, and conduct more outreach on educating workers on health and safety issues. (D) Historical and institutional discrimination against certain racial groups in the United States has shaped the way in which social and economic resources and exposure to health promoting environments are distributed. Income, education, occupation, neighborhood conditions, schools, workplaces, the use of and health and social services, and experiences with the criminal justice system are all highly patterned by race, with racial minorities (compared to Whites) experiencing more that is health harming. Finding ways to uncouple the link between race and access to resources and healthy environments is a principal means of reducing health disparities. Additionally, the anticipation of racism itself causes higher psychological and cardiovascular stress levels that are linked to poor health outcomes. Remedying discriminatory practices at the individual and systemic levels will likely reduce health disparities caused by this unequal distribution of stress. (E) Poor health among Native Americans has largely been driven by post-colonial oppression and historical trauma. The expropriation of native lands and territories to the American state had severe consequences on Native American health. This resulted in the deprivation of traditional food sources—and nutrients—for Native Americans and also the destruction of traditional economies and community organization. Today, Native Americans have twice the rate of diabetes than non-Hispanic Whites. Recognition of the origins of the diabetes as having a social and community context, rather than just individual responsibility and genetic predisposition, will shape better policy to provide food security. (F) In the context of prisons, overcrowding has led to the deterioration of the physical and mental health of individuals after they leave prison. In particular, the mass incarceration of African-American males as a result of unequal contact with and treatment in the criminal justice system has contributed to an overburdening of certain infectious diseases within the African-American community. As a social institution, incarceration amplifies existing adverse health conditions by concentrating diseases and harm health behaviors such as tobacco use, drug use, and violence. (G) Educational attainment is the strongest predictor of adult mortality. It is a basic component of socioeconomic status by shaping earning potential to access resources that promote health. People with more education are less likely to report that they are in poor health, and are also less likely to have diabetes and other chronic diseases. (H) Similarly, reading ability is a strong predictor of adult health status and is often correlated with other child health issues, such as developmental problems, vision and hearing impairments, and frequent school absence due to illness. (I) Individuals with lower levels of educational attainment are much more likely to report to be current smokers. In 2011, smoking prevalence was 45.3 percent among adults with a GED diploma, 34.6 percent with nine to 11 years of education, and 23.8 percent with a high school diploma, while dropping significantly to 9.3 percent among adults with an undergraduate college degree and 5.0 percent with a postgraduate college degree. (J) Social class differences account for a large part of health disparities. For example, children living in poverty experience poorer housing conditions, increased exposure to indoor allergens and toxins (such as pesticides, lead, mercury, radon, air pollution, and carcinogens), and more psychological stress. These experiences culminate in worse adult health as compared with children with higher socioeconomic status. Specifically, children living in socioeconomic neighborhoods have higher rates of asthma due to higher rates of psychological stress resulting from higher rates of violence. (K) Lesbian, gay, bisexual, and transgender (LGBT) individuals face health disparities linked to societal stigma, discrimination, and denial of their civil and human rights. Discrimination against LGBT individuals has been associated with high rates of psychiatric disorders, substance abuse, and suicide. Experiences of violence and victimization are frequent for LGBT individuals, and have long-lasting effects on the individual and the community. Personal, family, and social acceptance of sexual orientation and gender identity affects the mental health and personal safety of LGBT individuals. (4) Laws and regulations that improve opportunities to live in safe neighborhoods, with more social cohesion, attain higher education, sustain stable employment, and bridge class differences help foster the health and safety of individuals. (5) The global public health community has reached consensus through the Rio Political Declaration of Social Determinants of Health that [c]ollaboration in coordinated and intersectoral policy actions has proven to be effective. Health in All Policies, together with intersectoral cooperation and action, is one promising approach to enhance accountability in other sectors of health, as well as the promotion of health equity and more inclusive and productive societies. 1003. Health impact assessments (a) Findings Congress makes the following findings: (1) Health Impact Assessment is a tool to help planners, health officials, decisionmakers, and the public make more informed decisions about the potential health effects of proposed plans, policies, programs, and projects in order to maximize health benefits and minimize harms. (2) Health Impact Assessments can be done at a fraction of the cost and time typically required for other planning and permitting reviews. (3) Health Impact Assessments can build community support and reduce opposition to a project or policy, thereby facilitating economic growth by aiding the development of consensus regarding new development proposals. (4) Health Impact Assessments facilitate collaboration across sectors. (b) Purposes It is the purpose of this section to— (1) provide more information about the potential human health effects of policy decisions and the distribution of those effects; (2) improve how health is considered in planning and decisionmaking processes; and (3) build stronger, healthier communities through the use of Health Impact Assessment. (c) Health impact assessments Part P of title III of the Public Health Service Act ( 42 U.S.C. 280g et seq. ), as amended, is further amended by adding at the end the following: 399V–9. Health impact assessments (a) Definitions In this section and section 399V–10: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Built environment The term built environment means the components of the environment, and the location of these components in a geographically defined space, that are created or modified by individuals to form the physical and social characteristics of a community or enhance quality of human life, including— (A) homes, schools, and places of work and worship; (B) parks, recreation areas, and greenways; (C) transportation systems; (D) business, industry, and agriculture; and (E) land-use plans, projects, and policies that impact the physical or social characteristics of a community, including access to services and amenities. (3) Director The term Director means the Director of the Centers for Disease Control and Prevention. (4) Eligible entity The term eligible entity means a unit of State or tribal government the jurisdiction of which includes individuals or populations the health of which are, or will be, affected by an activity or a proposed activity. (5) Eligible institution The term eligible institution means a public agency or private nonprofit institution that submits to the Secretary, in consultation with the Administrator, an application for a grant authorized under such section at such time, in such manner, and containing such agreements, assurances, and information as the Secretary and Administrator may require. (6) Health impact assessment The term Health Impact Assessment means a systematic process that uses an array of data sources and analytic methods and considers input from stakeholders to determine the potential effects of a proposed policy, plan, program, or project on the health of a population and the distribution of those effects within the population. Such term includes identifying and recommending appropriate actions on monitoring and maximizing potential benefits and minimizing the potential harms. (7) Health disparities The term health disparities are a particular type of health differences that are closely linked with social, economic, and/or environmental disadvantage. Health disparities adversely affect groups of people who have systematically experienced greater obstacles to health based on their racial or ethnic group; religion; socioeconomic status; gender; age; mental health; cognitive, sensory, or physical disability; sexual orientation or gender identity; geographic location; or other characterisitics historically linked to discrimination or exclusion. (8) Proposed activity The term proposed activity means a proposed policy, program, plan, or project currently under consideration by a local, State, tribal, or Federal agency or government. (b) Establishment The Secretary, acting through the Director and in collaboration with the Administrator, shall carry out the following: (1) Establish a program at the National Center for Environmental Health at the Centers for Disease Control and Prevention focused on advancing the field of Health Impact Assessment. In developing and implementing the program, the Director of the National Center for Environmental Health shall consult with the Director of the National Center for Chronic Disease Prevention and Health Promotion as well as relevant offices within the Department of Housing and Urban Development, the Department of Transportation, and the Department of Agriculture. The program shall include— (A) collecting and disseminating best practices; (B) administering capacity building grants to States to support grantees in initiating Health Impact Assessments, in accordance with subsection (d); (C) providing technical assistance; (D) developing training tools and providing training on conducting Health Impact Assessment and the implementation of built environment and health indicators; (E) making information available, as appropriate, regarding the existence of other community healthy living tools, checklists, and indices that help connect public health to other sectors, and tools to help examine the effect of the indoor built environment and building codes on population health; (F) conducting research and evaluations of Health Impact Assessments; and (G) awarding competitive extramural research grants. (2) In accordance with subsection (c), develop guidance and guidelines to conduct Health Impact Assessments. (3) In accordance with subsection (d), establish a grant program to allow States to fund eligible entities to conduct Health Impact Assessments. (c) Guidance The Director, in consultation with the Director of the National Center for Environmental Health and, the Director of the National Center for Chronic Disease Prevention and Health Promotion, and relevant offices within the Department of Housing and Urban Development, the Department of Transportation, and the Department of Agriculture, shall— (1) develop guidance for conducting Health Impact Assessment, including— (A) background on national and international efforts to bridge urban planning and public health institutions and disciplines, including a review of Health Impact Assessment best practices internationally; (B) evidence-based direct and indirect pathways that link land-use planning, transportation, and housing policy and objectives to human health outcomes; (C) data resources and quantitative and qualitative forecasting methods to evaluate both the status of health determinants and health effects, including identification of existing programs that can disseminate these resources; (D) best practices for inclusive public involvement in conducting Health Impact Assessments; and (E) technical assistance for other agencies seeking to develop their own guidelines and procedures for Health Impact Assessment; (2) in developing the guidance, consider available international Health Impact Assessment guidance, North American Health Impact Assessment Practice Standards, and recommendations from the National Academy of Science; and (3) not later than 1 year after the date of enactment of this section, publish the guidance. (d) Grant program The Secretary, acting through the Director and in collaboration with the Administrator, shall establish a program under which the Secretary shall award grants to States to fund eligible entities for capacity building or to prepare Health Impact Assessments, and shall ensure that States receiving a grant under this subsection further support training and technical assistance for grantees under the program by funding and overseeing appropriate local, State, tribal, Federal, university, or nonprofit Health Impact Assessment experts to provide technical assistance. Such assessments shall— (1) ensure that appropriate health factors are taken into consideration as early as practicable during the planning, review, or decisionmaking processes; (2) assess the effect on the health of individuals and populations of proposed policies, projects, or plans that result in modifications to the built environment; and (3) assess the distribution of health effects across various factors, such as race, income, ethnicity, age, disability status, gender, and geography. (e) Applications (1) In general To be eligible to receive a grant under this section, an eligible entity shall submit to the Secretary an application in accordance with this subsection, at such time, in such manner, and containing such additional information as the Secretary may require. (2) Inclusion An application under this subsection shall include a list of proposed activities that require or would benefit from conducting a Health Impact Assessment within six months of awarding funds. The list should be accompanied by supporting documentation, including letters of support, from potential conductors of Health Impact Assessments for the listed proposed activities. Each application should also include an assessment by the eligible entity of the health of the population of its jurisdiction and describe potential adverse or positive effects on health that the proposed activities may create. (3) Preference Preference in awarding funds under this section may be given to eligible entities that demonstrate the potential to significantly improve population health or lower health care costs as a result of potential Health Impact Assessment work. (f) Use of funds (1) In general An eligible entity shall use amounts provided under a grant under this section to conduct Health Impact Assessment capacity building or to conduct or fund subgrantees to conduct a Health Impact Assessment for a proposed activity in accordance with this subsection. (2) Purposes The purposes of a Health Impact Assessment under this subsection are— (A) to facilitate the involvement of tribal, State, and local public health officials in community planning, transportation, housing, and land use decisions and other decisions affecting the built environment to identify any potential health concern or health benefit relating to an activity or proposed activity; (B) to provide for an investigation of any health-related issue of concern raised in a planning process, an environmental impact assessment process, or policy appraisal relating to a proposed activity; (C) to describe and compare alternatives (including no-action alternatives) to a proposed activity to provide clarification with respect to the potential health outcomes associated with the proposed activity and, where appropriate, to the related benefit-cost or cost-effectiveness of the proposed activity and alternatives; (D) to contribute, when applicable, to the findings of a planning process, policy appraisal, or an environmental impact statement with respect to the terms and conditions of implementing a proposed activity or related mitigation recommendations, as necessary; (E) to ensure that the disproportionate distribution of negative impacts among vulnerable populations is minimized as much as possible; (F) to engage affected community members and ensure adequate opportunity for public comment on all stages of the Health Impact Assessment; and (G) where appropriate, to consult with local and county health departments and appropriate organizations, including planning, transportation, and housing organizations and providing them with information and tools regarding how to conduct and integrate Health Impact Assessment into their work. (3) Eligible activities (A) In general Eligible entities funded under this subsection shall conduct an evaluation of any proposed activity to determine whether it will have a significant adverse or positive effect on the health of the affected population in the jurisdiction of the eligible entity, based on the criteria described in subparagraph (B). (B) Criteria The criteria described in this subparagraph include, as applicable to the proposed activity, the following: (i) Any substantial adverse effect or significant health benefit on health outcomes or factors known to influence health, including the following: (I) Physical activity. (II) Injury. (III) Mental health. (IV) Accessibility to health-promoting goods and services. (V) Respiratory health. (VI) Chronic disease. (VII) Nutrition. (VIII) Land use changes that promote local, sustainable food sources. (IX) Infectious disease. (X) Health disparities. (XI) Existing air quality, ground or surface water quality or quantity, or noise levels; and (ii) Other factors that may be considered, including— (I) the potential for a proposed activity to result in systems failure that leads to a public health emergency; (II) the probability that the proposed activity will result in a significant increase in tourism, economic development, or employment in the jurisdiction of the eligible entity; (III) any other significant potential hazard or enhancement to human health, as determined by the eligible entity; or (IV) whether the evaluation of a proposed activity would duplicate another analysis or study being undertaken in conjunction with the proposed activity. (C) Factors for consideration In evaluating a proposed activity under subparagraph (A), an eligible entity may take into consideration any reasonable, direct, indirect, or cumulative effect that can be clearly related to potential health effects and that is related to the proposed activity, including the effect of any action that is— (i) included in the long-range plan relating to the proposed activity; (ii) likely to be carried out in coordination with the proposed activity; (iii) dependent on the occurrence of the proposed activity; or (iv) likely to have a disproportionate impact on high-risk or vulnerable populations. (4) Requirements A Health Impact Assessment prepared with funds awarded under this subsection shall incorporate the following, after conducting the screening phase (identifying projects or policies for which a Health Impact Assessment would be valuable and feasible) through the application process: (A) Scoping Identifying which health effects to consider and the research methods to be utilized. (B) Assessing risks and benefits Assessing the baseline health status and factors known to influence the health status in the affected community, which may include aggregating and synthesizing existing health assessment evidence and data from the community. (C) Developing recommendations Suggesting changes to proposals to promote positive or mitigate adverse health effects. (D) Reporting Synthesizing the assessment and recommendations and communicating the results to decisionmakers. (E) Monitoring and evaluating Tracking the decision and implementation effect on health determinants and health status. (5) Plan An eligible entity that is awarded a grant under this section shall develop and implement a plan, to be approved by the Director, for meaningful and inclusive stakeholder involvement in all phases of the Health Impact Assessment. Stakeholders may include community-based organizations, youth-serving organizations, planners, public health experts, State and local public health departments and officials, health care experts or officials, housing experts or officials, and transportation experts or officials. (6) Submission of findings An eligible entity that is awarded a grant under this section shall submit the findings of any funded Health Impact Assessment activities to the Secretary and make these findings publicly available. (7) Assessment of impacts An eligible entity that is awarded a grant under this section shall ensure the assessment of the distribution of health impacts (related to the proposed activity) across race, ethnicity, income, age, gender, disability status, and geography. (8) Conduct of assessment To the greatest extent feasible, a Health Impact Assessment shall be conducted under this section in a manner that respects the needs and timing of the decisionmaking process it evaluates. (9) Methodology In preparing a Health Impact Assessment under this subsection, an eligible entity or partner shall follow the guidance published under subsection (c). (g) Health impact assessment database The Secretary, acting through the Director and in collaboration with the Administrator, shall establish, maintain, and make publicly available a Health Impact Assessment database, including— (1) a catalog of Health Impact Assessments received under this section; (2) an inventory of tools used by eligible entities to conduct Health Impact Assessments; and (3) guidance for eligible entities with respect to the selection of appropriate tools described in paragraph (2). (h) Evaluation of grantee activities The Secretary shall award competitive grants to Prevention Research Centers, or nonprofit organizations or academic institutions with expertise in Health Impact Assessments to— (1) assist grantees with the provision of training and technical assistance in the conducting of Health Impact Assessments; (2) evaluate the activities carried out with grants under subsection (d); and (3) assist the Secretary in disseminating evidence, best practices, and lessons learned from grantees. (i) Report to congress Not later than 1 year after the date of enactment of this section, the Secretary shall submit to Congress a report concerning the evaluation of the programs under this section, including recommendations as to how lessons learned from such programs can be incorporated into future guidance documents developed and provided by the Secretary and other Federal agencies, as appropriate. (j) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary. 399V–10. Additional research on the relationship between the built environment and health outcomes (a) Research grant program (1) Grants The Secretary, in collaboration with the Administrator, shall award grants to eligible institutions to conduct and coordinate research on the built environment and its influence on human health. Factors that influence health that may be considered include— (A) levels of physical activity; (B) consumption of nutritional foods; (C) rates of crime; (D) air, water, and soil quality; (E) risk or rate of injury; (F) accessibility to health-promoting goods and services; (G) chronic disease rates; (H) community design; (I) housing; and (J) other indicators as determined appropriate by the Secretary. (2) Research The Secretary, in consultation with the Administrator, shall support research under this section that— (A) investigates and defines links between the built environment and human health and identifies causal relationships; (B) examines— (i) the scope and intensity of the impact that the built environment (including the various characteristics of the built environment) has on the human health; or (ii) the distribution of such impacts by— (I) location; and (II) population subgroup; (C) is used to develop— (i) measures and indicators to address health impacts and the connection of health to the built environment; (ii) efforts to link the measures to transportation, land use, and health databases; and (iii) efforts to enhance the collection of built environment surveillance data; (D) distinguishes carefully between personal attitudes and choices and external influences on behavior to determine how much the association between the built environment and the health of residents, versus the lifestyle preferences of the people that choose to live in the neighborhood, reflects the physical characteristics of the neighborhood; and (E) (i) identifies or develops effective intervention strategies focusing on enhancements to the built environment that promote increased use physical activity, access to nutritious foods, or other health-promoting activities by residents; and (ii) in developing the intervention strategies under clause (i), ensures that the intervention strategies will reach out to high-risk or vulnerable populations, including low-income urban and rural communities and aging populations, in addition to the general population. (3) Surveys The Secretary may use funds appropriated under this section to support the expansion of national surveys and data tracking systems to provide more detailed information about the connection between the built environment and health. (4) Priority In providing assistance under the grant program under this section, the Secretary and the Administrator shall give priority to research that incorporates— (A) interdisciplinary approaches; or (B) the expertise of the public health, physical activity, urban planning, land use, and transportation research communities in the United States and abroad. (b) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section. Not to exceed 20 percent of amounts appropriated for each fiscal year under this subsection may be used for the research component of the program under this section. . 1004. Implementation of recommendations by Environmental Protection Agency (a) Inspector general recommendations The Administrator of the Environmental Protection Agency shall, as promptly as practicable, carry out each of the following recommendations of the Inspector General of the Agency as set forth in Report No. 2006–P–00034 entitled EPA needs to conduct environmental justice reviews of its programs, policies and activities : (1) The recommendation that the Agency’s program and regional offices identify which programs, policies, and activities need environmental justice reviews and require these offices to establish a plan to complete the necessary reviews. (2) The recommendation that the Administrator of the Agency ensure that these reviews determine whether the programs, policies, and activities may have a disproportionately high and adverse health or environmental impact on minority and low-income populations. (3) The recommendation that each program and regional office develop specific environmental justice review guidance for conducting environmental justice reviews. (4) The recommendation that the Administrator designate a responsible office to compile results of environmental justice reviews and recommend appropriate actions. (b) GAO recommendations In developing rules under laws administered by the Environmental Protection Agency, the Administrator of the Agency shall, as promptly as practicable, carry out each of the following recommendations of the Comptroller General of the United States as set forth in GAO Report numbered GAO–05–289 entitled EPA Should Devote More Attention to Environmental Justice when Developing Clean Air Rules : (1) The recommendation that the Administrator ensure that workgroups involved in developing a rule devote attention to environmental justice while drafting and finalizing the rule. (2) The recommendation that the Administrator enhance the ability of such workgroups to identify potential environmental justice issues through such steps as providing workgroup members with guidance and training to help them identify potential environmental justice problems and involving environmental justice coordinators in the workgroups when appropriate. (3) The recommendation that the Administrator improve assessments of potential environmental justice impacts in economic reviews by identifying the data and developing the modeling techniques needed to assess such impacts. (4) The recommendation that the Administrator direct appropriate Agency officers and employees to respond fully when feasible to public comments on environmental justice, including improving the Agency’s explanation of the basis for its conclusions, together with supporting data. (c) 2004 inspector general report The Administrator of the Environmental Protection Agency shall, as promptly as practicable, carry out each of the following recommendations of the Inspector General of the Agency as set forth in the report entitled EPA Needs to Consistently Implement the Intent of the Executive Order on Environmental Justice (Report No. 2004–P–00007): (1) The recommendation that the Agency clearly define the mission of the Office of Environmental Justice (OEJ) and provide Agency staff with an understanding of the roles and responsibilities of the Office. (2) The recommendation that the Agency establish (through issuing guidance or a policy statement from the Administrator) specific timeframes for the development of definitions, goals, and measurements regarding environmental justice and provide the regions and program offices a standard and consistent definition for a minority and low-income community, with instructions on how the Agency will implement and put into operation environmental justice in the Agency’s daily activities. (3) The recommendation that the Agency ensure the comprehensive training program currently under development includes standard and consistent definitions of the key environmental justice concepts (such as low-income , minority , and disproportionately impacted ) and instructions for implementation of those concepts. The Administrator shall submit an initial report to Congress within 6 months after the enactment of this Act regarding the Administrator’s strategy for implementing the recommendations referred to in paragraphs (1), (2), and (3). Thereafter, the Administrator shall provide semiannual reports to Congress regarding the Administrator’s progress in implementing such recommendations and modifying the Administrator’s emergency management procedures to incorporate environmental justice in the Agency’s Incident Command Structure (in accordance with the December 18, 2006, letter from the Deputy Administrator to the Acting Inspector General of the Agency). (d) Federal action plan for saving lives, protecting people and their families from radon (1) In general Because radon is a naturally occurring radioactive gas that is recognized as the leading cause of lung cancer among nonsmokers and is a particular environmental threat for low-income and minority individuals because of the lack of information about radon levels in their own homes, the Administrator of the Environmental Protection Agency shall within 6 months after the date of the enactment of this Act, implement the action plan entitled Protecting People and Families from Radon: A Federal Action Plan for Saving Lives (June 20, 2011), working with the Secretary of Health and Human Services acting through the Director of the Centers for Disease Control and Prevention, and with the other Federal agencies mentioned in and as set forth in the action plan. (2) Specific steps In carrying out paragraph (1), the Administrator shall take steps to achieve each of the following: (A) The recommendation that the workgroup comprised of the Federal agencies participating in the development of the action plan referred to in paragraph (1) implement specific steps within the current authority and activities of each Federal agency to reduce exposure to radon. (B) The recommendation that such workgroup meet on the 1-year anniversary of the plan to assess and recognize achievements of the plan. (3) Report The Administrator shall report to the Congress on the 1-year assessment of the plan’s implementation, including the challenges remaining and the progress in reducing radon exposure particularly to low-income and minority families. 1005. Grant program to conduct environmental health improvement activities and to improve social determinants of health (a) Definitions In this section: (1) Director The term Director means the Director of the Centers for Disease Control and Prevention, acting in collaboration with the Administrator of the Environmental Protection Agency and the Director of the National Institute of Environmental Health Sciences. (2) Eligible entity The term eligible entity means a State or local community that— (A) bears a disproportionate burden of exposure to environmental health hazards; (B) bears a disproportionate burden of exposure to unhealthy living conditions, low standard housing conditions, low socioeconomic status, poor nutrition, less opportunity for educational attainment, disproportionate unemployment rates, or lower literacy levels; (C) has established a coalition— (i) with not less than 1 community-based organization or demonstration program; and (ii) with not less than 1— (I) public health entity; (II) health care provider organization; (III) academic institution, including any minority-serving institution (including a Hispanic-serving institution, a historically Black college or university, and a tribal college or university); or (IV) child-serving institution; (D) ensures planned activities and funding streams are coordinated to improve community health; and (E) submits an application in accordance with subsection (c). (b) Establishment The Director shall establish a grant program under which eligible entities shall receive grants to conduct environmental health improvement activities and to improve social determinants of health. (c) Application To receive a grant under this section, an eligible entity shall submit an application to the Director at such time, in such manner, and accompanied by such information as the Director may require. (d) Cooperative agreements An eligible entity may use a grant under this section— (1) to promote environmental health; (2) to address environmental health disparities among all populations, including children; and (3) to address racial and ethnic disparities in social determinants of health. (e) Amount of cooperative agreement (1) In general The Director shall award grants to eligible entities at the 3 different funding levels described in this subsection. (2) Level 1 cooperative agreements (A) In general An eligible entity awarded a grant under this paragraph shall use the funds to identify environmental health problems and solutions by— (i) establishing a planning and prioritizing council in accordance with subparagraph (B); and (ii) conducting an environmental health assessment in accordance with subparagraph (C). (B) Planning and prioritizing council (i) In general A prioritizing and planning council established under subparagraph (A)(i) (referred to in this paragraph as a PPC ) shall assist the environmental health assessment process and environmental health promotion activities of the eligible entity. (ii) Membership Membership of a PPC shall consist of representatives from various organizations within public health, planning, development, and environmental services and shall include stakeholders from vulnerable groups such as children, the elderly, disabled, and minority ethnic groups that are often not actively involved in democratic or decisionmaking processes. (iii) Duties A PPC shall— (I) identify key stakeholders and engage and coordinate potential partners in the planning process; (II) establish a formal advisory group to plan for the establishment of services; (III) conduct an in-depth review of the nature and extent of the need for an environmental health assessment, including a local epidemiological profile, an evaluation of the service provider capacity of the community, and a profile of any target populations; and (IV) define the components of care and form essential programmatic linkages with related providers in the community. (C) Environmental health assessment (i) In general A PPC shall carry out an environmental health assessment to identify environmental health concerns. (ii) Assessment process The PPC shall— (I) define the goals of the assessment; (II) generate the environmental health issue list; (III) analyze issues with a systems framework; (IV) develop appropriate community environmental health indicators; (V) rank the environmental health issues; (VI) set priorities for action; (VII) develop an action plan; (VIII) implement the plan; and (IX) evaluate progress and planning for the future. (D) Evaluation Each eligible entity that receives a grant under this paragraph shall evaluate, report, and disseminate program findings and outcomes. (E) Technical assistance The Director may provide such technical and other non-financial assistance to eligible entities as the Director determines to be necessary. (3) Level 2 cooperative agreements (A) Eligibility (i) In general The Director shall award grants under this paragraph to eligible entities that have already— (I) established broad-based collaborative partnerships; and (II) completed environmental assessments. (ii) No level 1 requirement To be eligible to receive a grant under this paragraph, an eligible entity is not required to have successfully completed a Level 1 Cooperative Agreement (as described in paragraph (2)). (B) Use of grant funds An eligible entity awarded a grant under this paragraph shall use the funds to further activities to carry out environmental health improvement activities, including— (i) addressing community environmental health priorities in accordance with paragraph (2)(C)(ii), including— (I) geography; (II) the built environment; (III) air quality; (IV) water quality; (V) land use; (VI) solid waste; (VII) housing; (VIII) crime; (IX) socioeconomic status; (X) ethnicity, social construct and language preference; (XI) educational attainment; (XII) employment; (XIII) food safety; (XIV) nutrition; (XV) health care services; and (XVI) injuries; (ii) building partnerships between planning, public health, and other sectors, including child-serving institutions, to address how the built environment impacts food availability and access and physical activity to promote healthy behaviors and lifestyles and reduce overweight and obesity, musculoskeletal diseases, respiratory conditions, dental, oral and mental health conditions, poverty, and related co-morbidities; (iii) establishing programs to address— (I) how environmental and social conditions of work and living choices influence physical activity and dietary intake; or (II) how those conditions influence the concerns and needs of people who have impaired mobility and use assistance devices, including wheelchairs, lower limb prostheses, and hip, knee, and other joint replacements; and (iv) convening intervention and demonstration programs that examine the role of the social environment in connection with the physical and chemical environment in— (I) determining access to nutritional food; and (II) improving physical activity to reduce overweight, obesity, and co-morbidities and increase quality of life. (4) Level 3 cooperative agreements (A) In general An eligible entity awarded a grant under this paragraph shall use the funds to identify and address racial and ethnic disparities in social determinants of health by creating demonstration programs that assess the feasibility of establishing a federally funded comprehensive program and describe key outcomes that address racial and ethnic disparities in social determinants of health. (B) Program Design (i) Evaluation No later than 1 year after enactment of this Act, the Director shall evaluate the best practices of existing programs from the private, public, community based, and academically supported initiatives focused on reducing disparities in the social determinants of health for racial and ethnic populations. (ii) Demonstration projects Not later than two years after the date of enactment of this Act, the Director shall implement at least ten demonstration projects including at least one project for each major racial and ethnic minority group, each of which is unique to the cultural and linguistic needs of each of the following groups: (I) Native Americans and Alaska Natives. (II) Asian-Americans. (III) African-Americans/Blacks. (IV) Hispanic/Latino-Americans. (V) Native Hawaiians and Pacific Islanders. (iii) Report to Congress No later than 2 years after the implementation of the initial demonstration projects, the Director shall submit to Congress a report which includes— (I) a description of each demonstration project and design; (II) an evaluation of the cost effectiveness of each project’s prevention and treatment efforts; (III) an evaluation of the cultural and linguistic appropriateness of each project by racial and ethnic group; and (IV) an evaluation of the beneficiary’s health status improvement under the demonstration project. (iv) Any other information deemed appropriate by the Director The Director shall require any other information deemed appropriate to be shared by or developed by eligible entities awarded a grant under this paragraph, including the following: (I) Developing models and evaluating methods that improve the cultural and linguistically appropriate services provided through the Centers for Disease Control and Prevention to target individuals impacted by health disparities based on their race, ethnicity, and gender. (II) Promoting the collaboration between primary and specialty care health care providers and patients, to ensure patients impacted by health disparities based on race, ethnicity, and gender are receiving comprehensive and organized treatment and care. (III) Educating health care professionals on the causes and effects of disparities in the social determinants of health as it relates to minority and racial and ethnic communities and the need for culturally and linguistically appropriate care in the prevention and treatment of high-impact diseases. (IV) Encouraging collaboration among community and patient-based organizations which work to address disparities in the social determinants of health as it relates to high-impact diseases in minority and racial and ethnic populations. (f) Authorization of appropriations There are authorized to be appropriated to carry out this section— (1) $25,000,000 for fiscal year 2015; and (2) such sums as may be necessary for fiscal years 2016 through 2018. 1006. Additional research on the relationship between the built environment and the health of community residents (a) Definition of eligible institution In this section, the term eligible institution means a public or private nonprofit institution that submits to the Secretary of Health and Human Services (in this section referred to as the Secretary ) and the Administrator of the Environmental Protection Agency (in this section referred to as the Administrator ) an application for a grant under the grant program authorized under subsection (b)(2) at such time, in such manner, and containing such agreements, assurances, and information as the Secretary and Administrator may require. (b) Research grant program (1) Definition of health In this section, the term health includes— (A) levels of physical activity; (B) degree of mobility due to factors such as musculoskeletal diseases, arthritis, and obesity; (C) consumption of nutritional foods; (D) rates of crime; (E) air, water, and soil quality; (F) risk of injury; (G) accessibility to health care services; (H) levels of educational attainment; and (I) other indicators as determined appropriate by the Secretary. (2) Grants The Secretary, in collaboration with the Administrator, shall provide grants to eligible institutions to conduct and coordinate research on the built environment and its influence on individual and population-based health. (3) Research The Secretary shall support research that— (A) investigates and defines the causal links between all aspects of the built environment and the health of residents; (B) examines— (i) the extent of the impact of the built environment (including the various characteristics of the built environment) on the health of residents; (ii) the variance in the health of residents by— (I) location (such as inner cities, inner suburbs, and outer suburbs); and (II) population subgroup (including children, the elderly, the disadvantaged); or (iii) the importance of the built environment to the total health of residents, which is the primary variable of interest from a public health perspective; (C) is used to develop— (i) measures to address health and the connection of health to the built environment; and (ii) efforts to link the measures to travel and health databases; and (D) distinguishes carefully between personal attitudes and choices and external influences on observed behavior to determine how much an observed association between the built environment and the health of residents, versus the lifestyle preferences of the people that choose to live in the neighborhood, reflects the physical characteristics of the neighborhood; and (E) (i) identifies or develops effective intervention strategies to promote better health among residents with a focus on behavioral interventions and enhancements of the built environment that promote increased use by residents; and (ii) in developing the intervention strategies under clause (i), ensures that the intervention strategies will reach out to high-risk populations, including racial and ethnic minorities, low-income urban and rural communities, and children. (4) Priority In providing assistance under the grant program authorized under paragraph (2), the Secretary and the Administrator shall give priority to research that incorporates— (A) minority-serving institutions as grantees; (B) interdisciplinary approaches; or (C) the expertise of the public health, physical activity, nutrition and health care (including child health), urban planning, and transportation research communities in the United States and abroad. 1007. Environment and public health restoration (a) Findings (1) General findings The Congress finds as follows: (A) As human beings, we share our environment with a wide variety of habitats and ecosystems that nurture and sustain a diversity of species. (B) The abundance of natural resources in our environment forms the basis for our economy and has greatly contributed to human development throughout history. (C) The accelerated pace of human development over the last several hundred years has significantly impacted our natural environment and its resources, the health and diversity of plant and animal wildlife, the availability of critical habitats, the quality of our air and our water, and our global climate. (D) The intervention of the Federal Government is necessary to minimize and mitigate human impact on the environment for the benefit of public health, to maintain air quality and water quality, to sustain the diversity of plants and animals, to combat global climate change, and to protect the environment. (E) Laws and regulations in the United States have been created and promulgated to minimize and mitigate human impact on the environment for the benefit of public health, to maintain air quality and water quality, to sustain wildlife, and to protect the environment. (F) Such laws include the Antiquities Act of 1906 ( 16 U.S.C. 431 et seq. ) initiated by President Theodore Roosevelt to create the national park system, the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), the Clean Air Act ( 42 U.S.C. 7401 et seq. ), the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( Public Law 96–510 ), the Endangered Species Act of 1973 ( Public Law 93–205 ), and the National Forest Management Act of 1976 ( Public Law 94–588 ). (G) Attempts to repeal or weaken key environmental safeguards pose dangers to the public health, air quality, water quality, wildlife, and the environment. (2) Findings on changes and proposed changes in law The Congress finds that, since 2001, the following changes and proposed changes to existing law or regulations have negatively impacted or will negatively impact the environment and public health: (A) Clean water (i) On May 9, 2002, the Environmental Protection Agency (EPA) and the Army Corps of Engineers put forth a final rule that reconciled regulations implementing section 404 of the Federal Water Pollution Control Act by redefining the term fill material and amending the definition of the term discharge of fill material , reversing a 25-year-old regulation. The new rule fails to restrict the dumping of hardrock mining waste, construction debris, and other industrial wastes into rivers, streams, lakes, and wetlands. The rule further allows destructive mountaintop removal coal mining companies to dump waste into streams and lakes, polluting the surrounding natural habitat and poisoning plants and animals that depend on those water sources. (ii) On February 12, 2003, the Environmental Protection Agency published the rule National Pollutant Discharge Elimination System Permit Regulation and Effluent Limitation Guidelines and Standards for Concentrated Animal Feeding Operations , new livestock waste regulations that aimed to control factory farm pollution but which would severely undermine existing protections under the Federal Water Pollution Control Act. This regulation allows large-scale animal factories to foul the Nation’s waters with animal waste, allows livestock owners to draft their own pollution-management plans and avoid ground water monitoring, legalizes the discharge of contaminated runoff water rich in nitrogen, phosphorus, bacteria, and metals, and ensures that large factory farms are not held liable for the environmental damage they cause. In a 2005 Federal court decision ( Waterkeeper Alliance, et al. v. Enviromental Protection Agency , 399 F.3d 486 (2nd Cir. 2005)), major parts of the rule were upheld, others vacated, and still others remanded back to the EPA. On November 20, 2008, the Environmental Protection Agency published a revised final rule which undermines environmental protection provisions by removing mandatory permitting requirements and allowing large animal farms to self-certify the absence of pollutant discharge activity. (iii) On March 19, 2003, the Environmental Protection Agency published a new rule regarding the Total Maximum Daily Load program of the Federal Water Pollution Control Act that regulates the maximum amount of a particular pollutant that can be present in a body of water and still meet water quality standards. The new rule withdrew the existing regulation put forth on July 13, 2000, and halted momentum in cleaning up polluted waterways throughout the Nation. By abandoning the existing rule, the Environmental Protection Agency is undermining the effectiveness of cleanup plans and is allowing States to avoid cleaning polluted waters entirely by dropping them from their cleanup lists. Waterways play a crucial role in the lives of the people of the United States and are critical to the livelihood of fish and wildlife. The result of dropping the July 2000 rule is that the restoration of polluted rivers, shorelines, and lakes will be delayed, harming more fish and wildlife and worsening the quality of drinking water. (iv) On December 2, 2008, the Environmental Protection Agency and the Army Corps of Engineers jointly issued a guidance document in the form of a legal memorandum, titled Clean Water Act Jurisdiction Following the U.S. Supreme Court’s Decision in Rapanos v. United States & Carabell v. United States . This new guidance dictates enforcement actions under the Federal Water Pollution Control Act and calls for a complicated case-by-case analysis to determine jurisdiction for waterways that do not flow all year. Such actions endanger small streams and wetlands that serve as important habitats for aquatic life, which play a fundamental role in safeguarding sources of clean drinking water and mitigate the risks and effects of floods and droughts. Further, the definition provided therein for waters of the United States is applicable to the Federal Water Pollution Control Act as a whole, potentially affecting programs that control industrial pollution and sewage levels, prevent oil spills, and set water quality standards for all waters in the United States protected under the Federal Water Pollution Control Act. (B) Forests and land management (i) On December 3, 2003, the President signed into law the Healthy Forests Restoration Act of 2003 ( Public Law 108–148 ; 16 U.S.C. 6501 et seq. ). Although the law attempts to reduce the risk of catastrophic forest fires, it provides a boon to timber companies by accelerating the aggressive thinning of backcountry forests that are far from at-risk communities. The law allows for increased logging of large, fire-resistant trees that are not in close proximity of homes and communities; it undermines critical protections for endangered species by exempting Federal land management agencies from consulting with the United States Fish and Wildlife Service before approving any action that could harm endangered plants or wildlife; and it limits public participation by reducing the number of environmental project reviews. (ii) On April 21, 2008, the Department of Agriculture issued a Final Planning Rule and Record of Decision for National Forest System Land Management Planning. Similar to rules enacted by the Administration on January 5, 2005, later remanded back to the agency in Federal district court for violating the National Environmental Policy Act of 1969, the Endangered Species Act of 1973, and the Administrative Procedure Act ( Citizens for Better Forestry v. United States Department of Agriculture , 481 F. Supp. 2d 1059 (N.D. Cal. 2007)), this revised rule eliminates strict forest planning standards established in 1982, and opens millions of acres of public lands to damaging and invasive logging, mining, and drilling operations. These regulations would reverse more than 20 years of protection for wildlife and national forests by removing the overall goal of ensuring ecological sustainability in managing the national forest system, weakening the National Forest Management Act of 1976, and effectively ending the review of forest management plans under the National Environmental Policy Act of 1969. (iii) On September 20, 2006, the District Court for the Northern District of California vacated the Protection of Inventoried Roadless Areas rule, enacted on May 13, 2005, which gave State Governors 18 months to petition the Federal Government to either restore the previous rule for their States, or submit a new management and development plan for national forest areas inventoried under the rule. Despite the enjoinment of the Administration’s 2005 rule, and the subsequent restoration of the original Roadless Area Conservation Rule, the United States Forest Service has continued to allow States to petition for a special rule under the authority of the Administrative Procedure Act, publishing a final special rule for Idaho on October 16, 2008. As a result, 58.5 million acres of wild national forests are still vulnerable to logging, road building, and other developments that may fragment natural habitats and negatively impact fish and wildlife. (iv) On November 17, 2008, the Department of the Interior’s Bureau of Land Management (BLM) signed the Record of Decision (ROD) amending 12 resource management plans in Colorado, Utah, and Wyoming, opening 2,000,000 acres of public lands to commercial tar sands and oil shale exploration and development. On November 18, 2008, the BLM published a final rule for Oil Shale Management setting the policies and procedures for a commercial leasing program for the management of federally owned oil shale in those three States. Previously barred by a congressional moratorium on the commercial leasing regulations for oil shale until September 30, 2008, the development of oil shale on public lands poses a serious threat to land conservation, endangered and threatened species, and critical habitat. Domestic shale oil production allowed by these regulations is highly water and energy intensive, the impacts of which will intensify existing water scarcity in the arid Western Region and potentially degrade air and water quality for surrounding populations. (C) Scientific review On December 16, 2008, the United States Fish and Wildlife Service of the Department of the Interior and the National Oceanic and Atmospheric Administration of the Department of Commerce jointly issued a new rule amending regulations governing interagency cooperation under section 7 of the Endangered Species Act of 1973 (ESA). This rule undermines the intention of the ESA to protect species and the ecosystems upon which they depend by allowing Federal agencies to carry out, permit, or fund an action without proper environmental review and expert third-party consultation from Federal wildlife experts. Under this new rule, Federal agencies can unilaterally circumvent the formal review process, eliminating longstanding and scientifically grounded safeguards that serve to protect the biodiversity of our Nation’s ecosystems and avert harm to thousands of endangered and threatened species. (b) Statement of policy It is the policy of the United States Government to work in conjunction with States, territories, tribal governments, international organizations, and foreign governments in order to act as a steward of the environment for the benefit of public health, to maintain air quality and water quality, to sustain the diversity of plant and animal species, to combat global climate change, and to protect the environment for future generations to enjoy. (c) Study and report on public health or environmental impact of revised rules, regulations, laws, or proposed laws (1) Study Not later than 30 days after the date of enactment of this Act, the President shall enter into an arrangement under which the National Academy of Sciences will conduct a study to determine the impact on public health, air quality, water quality, wildlife, and the environment of the following regulations, laws, and proposed laws: (A) Clean water (i) Final revisions to the Federal Water Pollution Control Act regulatory definitions of fill material and discharge of fill material , finalized and published in the Federal Register on May 9, 2002 (67 Fed. Reg. 31129), amending part 232 of title 40, Code of Federal Regulations. (ii) Revised National Pollutant Discharge Elimination System Permit Regulation and Effluent Limitation Guidelines and Standards for Concentrated Animal Feeding Operations in response to the Waterkeeper Alliance, et al. v. Enviromental Protection Agency decision, finalized and published in the Federal Register on November 20, 2008 (73 Fed. Reg. 225), amending parts 9, 122, and 412 of title 40, Code of Federal Regulations. (iii) A March 19, 2003, rule published in the Federal Register (68 Fed. Reg. 13608) withdrawing a July 13, 2000, rule revising the Total Maximum Daily Load program of the Federal Water Pollution Control Act (65 Fed. Reg. 43586), amending parts 9, 122, 123, 124, and 130 of title 40, Code of Federal Regulations. (iv) Official Guidance Document, Clean Water Act Jurisdiction Following the United States Supreme Court’s Decision in Rapanos v. United States & Carabell v. United States , issued on December 2, 2008, relating to jurisdiction under section 404 of the Federal Water Pollution Control Act. (B) Forests and land management (i) Healthy Forests Restoration Act of 2003, signed into law on December 3, 2003 ( Public Law 108–148 ; 16 U.S.C. 6501 et seq. ). (ii) National Forest System Land Management Planning Rule, finalized and published in the Federal Register on April 21, 2008 (73 Fed. Reg. 21468), replacing the 2005 final rule (70 Fed. Reg. 1022, Jan. 5, 2005), as amended March 3, 2006 (71 Fed. Reg. 10837) and the 2000 final rule adopted on November 9, 2000 (65 Fed. Reg. 67514) as amended on September 29, 2004 (69 Fed. Reg. 58055), amending title 36, Code of Federal Regulations, part 219. (iii) The application of the Administrative Procedure Act (5 U.S.C. 551 to 559, 701 to 706, et seq.), such that States may petition for a special rule for the roadless areas in all or part of said State. (iv) Record of Decision, Oil Shale and Tar Sands Resources Resource Management Plan Amendments , issued on November 17, 2008, along with the Final Rule, Oil Shale Management-General, published in the Federal Register on November 18, 2008 (73 Fed. Reg. 223), amending title 43, Code of Federal Regulations, parts 3900, 3910, 3920, and 3930. (C) Scientific review Final Rule, Interagency Cooperation Under the Endangered Species Act, published in the Federal Register on December 16, 2008, amending title 50, Code of Federal Regulations, part 402. (2) Method In conducting the study under paragraph (1), the National Academy of Sciences may utilize and compare existing scientific studies regarding the regulations, laws, and proposed laws listed in paragraph (1). (3) Report Under the arrangement entered into under paragraph (1), not later than 270 days after the date on which such arrangement is entered into, the National Academy of Sciences shall make publicly available and shall submit to the Congress and to the head of each department and agency of the Federal Government that issued, implements, or would implement a regulation, law, or proposed law listed in paragraph (1), a report containing— (A) a description of the impact of all such regulations, laws, and proposed laws on public health, air quality, water quality, wildlife, and the environment, compared to the impact of preexisting regulations, or laws in effect, including— (i) any negative impacts to air quality or water quality; (ii) any negative impacts to wildlife; (iii) any delays in hazardous waste cleanup that are projected to be hazardous to public health; and (iv) any other negative impact on public health or the environment; and (B) any recommendations that the National Academy of Sciences considers appropriate to maintain, restore, or improve in whole or in part protections for public health, air quality, water quality, wildlife, and the environment for each of the regulations, laws, and proposed laws listed in paragraph (1), which may include recommendations for the adoption of any regulation or law in place or proposed prior to January 1, 2001. (d) Department and agency revision of existing rules, regulations, or laws Not later than 180 days after the date on which the report is submitted pursuant to subsection (c)(3) , the head of each department and agency that has issued or implemented a regulation or law listed in subsection (c)(1) shall submit to the Congress a plan describing the steps such department or such agency will take, or has taken, to restore or improve protections for public health and the environment in whole or in part that were in existence prior to the issuance of such regulation or law. 1008. GAO report on health effects of Deepwater Horizon oil rig explosion in the Gulf Coast (a) Study The Comptroller General of the United States shall conduct a study on the type and scope of health care services administered through the Department of Health and Human Services addressing the provision of health care to racial and ethnic minorities (whether residents, cleanup workers, or volunteers) affected by the explosion of the mobile offshore drilling unit Deepwater Horizon that occurred on April 20, 2010. (b) Specific components; reporting In carrying out subsection (a), the Comptroller General shall— (1) assess the type, size, and scope of programs administered by the Department of Health and Human Services that focus on provision of health care to communities in the Gulf Coast; (2) identify the merits and disadvantages associated with each the programs; (3) perform an analysis of the costs and benefits of the programs; (4) determine whether there is any duplication of programs; and (5) not later than 180 days after the date of the enactment of this Act, report findings and recommendations for improving access to health care for racial and ethnic minorities to the Congress.
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113-hr-5295
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I 113th CONGRESS 2d Session H. R. 5295 IN THE HOUSE OF REPRESENTATIVES July 30, 2014 Mr. Smith of Nebraska introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend title 49, United States Code, with respect to apportionments under the Airport Improvement Program, and for other purposes.
1. Short Title This Act may be cited as the Small Airport Regulation Relief Act of 2014 . 2. Apportionments Section 47114(c)(1) of title 49, United States Code, is amended by adding at the end the following: (G) Special rule for fiscal years 2015 and 2016 Notwithstanding subparagraph (A), the Secretary shall apportion to the sponsor of an airport under that subparagraph, for each of fiscal years 2015 and 2016, an amount based on the number of passenger boardings at the airport during calendar year 2012 if the airport had— (i) fewer than 10,000 passenger boardings during the calendar year used to calculate the apportionment for fiscal year 2015 or 2016 under subparagraph (A); and (ii) 10,000 or more passenger boardings during calendar year 2012. .
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113-hr-5296
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I 113th CONGRESS 2d Session H. R. 5296 IN THE HOUSE OF REPRESENTATIVES July 30, 2014 Mr. Takano (for himself, Mr. Waxman , Mr. Van Hollen , Ms. Tsongas , and Mr. Garamendi ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To require a demonstration program on the accession as Air Force officers of candidates with auditory impairments.
1. Demonstration program on accession of candidates with auditory impairments as air force officers (a) Demonstration program required Beginning not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall carry out a demonstration program to assess the feasibility and advisability of permitting individuals with auditory impairments (including deafness) to access as officers of the Air Force. (b) Candidates (1) Number of candidates The total number of individuals with auditory impairments who may participate in the demonstration program shall be not fewer than 15 individuals or more than 20 individuals. (2) Mix and range of auditory impairments The individuals who participate in the demonstration program shall include individuals who are deaf and individuals who have a range of other auditory impairments. (3) Qualification for accession Any individual who is chosen to participate in the demonstration program shall meet all essential qualifications for accession as an officer in the Air Force, other than those related to having an auditory impairment. (c) Selection of participants (1) In general The Secretary of the Air Force shall— (A) publicize the demonstration program nationally, including to individuals who have auditory impairments and would be otherwise qualified for officer training; (B) create a process whereby interested individuals can apply for the demonstration program; and (C) select the participants for the demonstration program, from among the pool of applicants, based on the criteria in subsection (b). (2) No prior service as air force officers Participants selected for the demonstration program shall be individuals who have not previously served as officers in the Air Force. (d) Basic officer training (1) In general The participants in the demonstration program shall undergo, at the election of the Secretary of the Air Force, the Basic Officer Training course or the Commissioned Officer Training course at Maxwell Air Force Base, Alabama. (2) Number of participants Once individuals begin participating in the demonstration program, each Basic Officer Training course or Commissioned Officer Training course at Maxwell Air Force Base, Alabama, shall include not fewer than 4, or more than 6, participants in the demonstration program until all participants have completed such training. (3) Auxiliary aids and services The Secretary of Defense shall ensure that participants in the demonstration program have the necessary auxiliary aids and services (as that term is defined in section 4 of the Americans With Disabilities Act of 1990 ( 42 U.S.C. 12103 )) in order to fully participate in the demonstration program. (e) Coordination (1) Special advisor The Secretary of the Air Force shall designate a special advisor to the demonstration program to act as a resource for participants in the demonstration program, as well as a liaison between participants in the demonstration program and those providing the officer training. (2) Qualifications The special advisor shall be a member of the Armed Forces on active duty— (A) who— (i) if a commissioned officer, shall be in grade O–3 or higher; or (ii) if an enlisted member, shall be in grade E–5 or higher; and (B) who is knowledgeable about issues involving, and accommodations for, individuals with auditory impairments (including deafness). (3) Responsibilities The special advisor shall be responsible for facilitating the officer training for participants in the demonstration program, intervening and resolving issues and accommodations during the training, and such other duties as the Secretary of the Air Force may assign to facilitate the success of the demonstration program and participants. (f) Report Not later than two years after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the appropriate committees of Congress a report on the demonstration program. The report shall include the following: (1) A description of the demonstration program and the participants in the demonstration program. (2) The outcome of the demonstration program, including— (A) the number of participants in the demonstration program that successfully completed the Basic Officer Training course or the Commissioned Officer Training course; (B) the number of participants in the demonstration program that were recommended for continued military service; (C) the issues that were encountered during the program; and (D) such recommendation for modifications to the demonstration program as the Secretary considers appropriate to increase further inclusion of individuals with auditory disabilities serving as officers in the Air Force or other Armed Forces. (3) Such recommendations for legislative or administrative action as the Secretary considers appropriate in light of the demonstration program. (g) Appropriate committees of congress defined In this section, the term appropriate committees of Congress means— (1) the Committee on Armed Services, the Committee on Health, Education, Labor, and Pensions, and the Committee on Appropriations of the Senate; and (2) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.
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113-hr-5297
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I 113th CONGRESS 2d Session H. R. 5297 IN THE HOUSE OF REPRESENTATIVES July 30, 2014 Ms. Titus introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To improve transparency in charity regulation.
1. Short title This Act may be cited as the Strengthening Charities Through Transparency Act of 2014 . 2. Mandatory electronic filing for annual returns of exempt organizations (a) In general Section 6033 of the Internal Revenue Code of 1986 is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following new subsection: (n) Mandatory electronic filing Any organization required to file a return under this section shall file such return in electronic form. . (b) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 3. Inspection of electronically filed annual returns of exempt organizations (a) In general Subsection (b) of section 6104 of the Internal Revenue Code of 1986 is amended by adding at the end the following: Any annual return required to be filed electronically under section 6033(m) shall be made available by the Secretary to the public in machine readable format as soon as practicable. . (b) Effective date The amendments made by this section shall apply to returns filed for taxable years beginning after the date of the enactment of this Act. 4. Establishment of database listing charities and charity management officials convicted of fraud (a) In general Upon request by the Attorney General, a State shall make available information regarding a charity or a charity management official that has been convicted of a fraud, theft, or a financial offense. Beginning not later than 1 year after the date of enactment of this Act, the Attorney General shall establish a database that lists each such charity or charity management official. Information received under this subsection shall be made available to State Attorney Generals for regulatory and law enforcement purposes. (b) Definitions In this section: (1) The terms charity , charity management official , information , and financial offenses have such meanings as the Attorney General shall by rule establish. (2) The term State means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, and any other territory or possession of the United States.
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113-hr-5298
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I 113th CONGRESS 2d Session H. R. 5298 IN THE HOUSE OF REPRESENTATIVES July 30, 2014 Mr. Turner 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 student workers for purposes of determining a higher education institution’s employer health care shared responsibility.
1. Short title This Act may be cited as the Student Job Protection Act of 2014 . 2. Student workers exempted from determination of higher education institution’s employer health care shared responsibility (a) In general Subsection (c) of section 4980H of the Internal Revenue Code of 1986 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) Exception for student workers (A) In general Services rendered as a student worker to an eligible educational institution (as defined in section 25A(f)(2)) shall not be taken into account under this section as service provided by an employee. (B) Student worker For purposes of this paragraph, the term student worker means, with respect to any eligible educational institution (as so defined), any individual who— (i) is employed by such institution, and (ii) is a student enrolled at the institution and whose academic activity is consistent with the normal full time work load as determined by the institution for the course of study the individual is pursuing. . (b) Effective date The amendments made by this section shall apply to months beginning after December 31, 2013.
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113-hr-5299
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I 113th CONGRESS 2d Session H. R. 5299 IN THE HOUSE OF REPRESENTATIVES July 30, 2014 Mr. Turner (for himself and Mr. Fattah ) 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 enhanced credit for the rehabilitation of buildings located in low-income communities.
1. Short title This Act may be cited as the Urban Core Revitalization Act . 2. Enhanced rehabilitation credit for buildings located in low-income communities (a) In general Subsection (a) of section 47 of the Internal Revenue Code of 1986 (relating to rehabilitation credit) is amended— (1) by striking structure, and in paragraph (1) and inserting structure and other than a building to which paragraph (2) applies, , and (2) by redesignating paragraph (2) as paragraph (3) and inserting after paragraph (1) the following new paragraph: (2) 15 percent of the qualified rehabilitation expenditures with respect to any qualified rehabilitated building (other than a certified historic structure) located in a low-income community, and . (b) Low-Income community buildings Section 47 of such Code is amended by adding at the end the following new subsection: (e) Low-Income community buildings For purposes of this section, the term low-income community has the meaning given to such term by section 45D(e), and the determination of whether a building is located in such a community shall be made as of the date that the physical work on the rehabilitation of the building begins. . (c) Effective date The amendments made by this section shall apply with respect to rehabilitations the physical work on which begins after the date of enactment of this Act.
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113-hr-5300
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I 113th CONGRESS 2d Session H. R. 5300 IN THE HOUSE OF REPRESENTATIVES July 30, 2014 Mrs. Wagner (for herself, Mr. Luetkemeyer , Mr. Long , Mr. Smith of Missouri , Mrs. Capito , Mr. McKinley , and Mr. Guthrie ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To require the Administrator of the Environmental Protection Agency to primarily consider, and to separately report, the domestic benefits of any rule that addresses emissions of carbon dioxide from any existing source or new source that is an electric utility generating unit, in any such rule, and in the regulatory impact analysis for such rule, and for other purposes.
1. Short title This Act may be cited as the The EPA Regulatory Domestic Benefit Act of 2014 . 2. Rules addressing carbon dioxide emissions from electric utility generating units (a) Consideration of domestic benefits The Administrator of the Environmental Protection Agency may not issue, implement, or enforce any proposed or final rule addressing emissions of carbon dioxide from any new source or existing source that is an electric utility generating unit unless the Administrator in such rule, and in the regulatory impact analysis for such rule— (1) includes an analysis and an estimate of any domestic benefits of such rule that are reported separately from any analysis or estimate of the global benefits of such rule; (2) primarily considers the domestic benefits of such rule as opposed to the global benefits of such rule; and (3) includes an estimate of the difference between monetized benefits and costs of such rule that is based on analyses and estimates of domestic benefits and domestic costs. (b) Nullification of proposed rules The following rules of the Environmental Protection Agency shall have no force or effect and shall be treated as if such rules had never been issued: (1) The proposed rule entitled Standards of Performance for Greenhouse Gas Emissions From New Stationary Sources: Electric Utility Generating Units published at 79 Fed. Reg. 1430 (January 8, 2014). (2) The proposed rule entitled Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units published at 79 Fed. Reg. 34830 (June 18, 2014). (c) Definitions In this Act: (1) Existing source The term existing source has the meaning given such term in section 111(a) of the Clean Air Act ( 42 U.S.C. 7411(a) ). (2) New source The term new source has the meaning given such term in section 111(a) of the Clean Air Act ( 42 U.S.C. 7411(a) ).
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113-hr-5301
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I 113th CONGRESS 2d Session H. R. 5301 IN THE HOUSE OF REPRESENTATIVES July 30, 2014 Mr. Welch (for himself and Mr. Ben Ray Luján of New Mexico ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title VI of the Public Utility Regulatory Policies Act of 1978 to establish a Federal renewable electricity standard for retail electricity suppliers and a Federal energy efficiency resource standard for electricity and natural gas suppliers, and for other purposes.
1. Short title This Act may be cited as the American Renewable Energy and Efficiency Act . 2. Federal renewable electricity standard Title VI of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2601 et seq. ) is amended by adding after section 609 ( 7 U.S.C. 918c ) the following: 610. Federal renewable electricity standard (a) Findings Congress finds that— (1) 118 countries have national goals for renewable electricity production and 30 States and the District of Columbia have enacted mandatory renewable electricity standards; (2) the Federal renewable electricity standard established by this section establishes a market-based policy to create ongoing competition among renewable electricity generators across the United States and provide the greatest quantity of clean electricity for the lowest price; and (3) the United States has vast wind, solar, hydropower, biomass, and geothermal resources that— (A) are renewable; (B) are dispersed widely across different regions of the United States; and (C) can be harnessed to generate a significant share of electricity in the United States. (b) Definitions In this section: (1) Brownfield site generation facility The term brownfield site generation facility means a facility that— (A) generates renewable electricity; and (B) occupies a brownfield site (as that term is defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 )). (2) Distributed renewable generation facility The term distributed renewable generation facility means a facility that— (A) generates renewable electricity; (B) primarily serves one or more electric consumers at or near the facility site; and (C) has not more than 2 megawatts in capacity. (3) Federal renewable electricity credit The term Federal renewable electricity credit means a credit, representing 1 megawatt hour of renewable electricity, issued pursuant to subsection (f). (4) Indian land The term Indian land means— (A) any land within the limits of any Indian reservation, pueblo, or rancheria; (B) any land not within the limits of any Indian reservation, pueblo, or rancheria, title to which was on the date of enactment of this section held by— (i) the United States for the benefit of any Indian tribe or individual; or (ii) any Indian tribe or individual subject to restriction by the United States against alienation; (C) any dependent Indian community; or (D) any land conveyed under the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ) to any Native Corporation (as that term is defined in section 3 of that Act (43 U.S.C. 1602)). (5) Indian tribe The term Indian tribe means any Indian tribe, band, nation, or other organized group or community (including any Native village, Regional Corporation, or Village Corporation (as those terms are defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602))) that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (6) Qualified hydropower The term qualified hydropower means— (A) energy produced from increased efficiency achieved, or additions of capacity made, on or after January 1, 2001, at a hydroelectric facility that— (i) was placed in service before that date; and (ii) does not include additional energy generated as a result of operational changes not directly associated with efficiency improvements or capacity additions; or (B) energy produced from generating capacity added to a dam on or after January 1, 2001, if the Commission certifies that— (i) the dam— (I) was placed in service before the date of enactment of this section; (II) was operated for flood control, navigation, or water supply purposes; and (III) was not producing hydroelectric power prior to the addition of the capacity; and (ii) the hydroelectric project installed on the dam— (I) is licensed or is exempt from licensing by the Commission; (II) is in compliance with— (aa) the terms and conditions of the license or exemption; and (bb) other applicable legal requirements for the protection of environmental quality, including applicable fish passage requirements; and (III) is operated so that the water surface elevation at any given location and time that would have occurred in the absence of the hydroelectric project is maintained, subject to any license or exemption requirements that require changes in water surface elevation for the purpose of improving the environmental quality of the affected waterway. (7) Qualified renewable biomass The term qualified renewable biomass means renewable biomass that, when combusted, yields, on a weighted-average basis, a 50-percent reduction in lifecycle greenhouse gas emissions (as defined in section 4(a) of the American Renewable Energy and Efficiency Act ) per unit of useful energy, as compared to the operation of a combined cycle natural gas electric generating facility using the most efficient commercially available technology, when calculated over a 20-year life cycle. (8) Renewable biomass The term renewable biomass means— (A) crops, crop byproducts, or crop residues harvested from actively managed or fallow agricultural land that is— (i) nonforested; and (ii) cleared prior to the date of enactment of this section; (B) planted trees, brush, slash, and all residues from an actively managed tree farm located on non-Federal land cleared prior to the date of enactment of this section; (C) precommercial-sized thinnings, slash, brush, and residue from milled trees, from forested land that is not— (i) old-growth or mature forest; (ii) identified under a State natural heritage program as rare, imperiled, or critically imperiled; or (iii) Federal land; (D) algae; (E) nonhazardous plant matter derived from waste— (i) including separated yard waste, landscape right-of-way trimmings, or food waste; but (ii) not including municipal solid waste, recyclable waste paper, painted, treated or pressurized wood, or wood contaminated with plastic or metals; (F) animal waste or animal byproducts, including products of animal waste digesters; (G) vegetative matter removed from within 200 yards of any manmade structure or campground; and (H) slash and precommercial-sized thinnings harvested— (i) in environmentally sustainable quantities, as determined by the appropriate Federal land manager; and (ii) from National Forest System land or public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 )), other than— (I) components of the National Wilderness Preservation System established under the Wilderness Act (16 U.S.C. 1131 et seq.); (II) Wilderness Study Areas, as identified by the Bureau of Land Management; (III) inventoried roadless areas and all unroaded areas of at least 5,000 acres; (IV) old growth and late seral stands; (V) components of the National Landscape Conservation System administered by the Bureau of Land Management; and (VI) national monuments. (9) Renewable electricity The term renewable electricity means electricity generated (including by means of a fuel cell) from a renewable energy resource. (10) Renewable energy resource The term renewable energy resource means each of the following: (A) Wind energy. (B) Solar energy. (C) Geothermal energy. (D) Qualified renewable biomass. (E) Biogas derived from qualified renewable biomass. (F) Biofuels derived from qualified renewable biomass. (G) Qualified hydropower. (H) Marine and hydrokinetic renewable energy (as defined in section 632 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17211 )). (I) Landfill gas. (11) Retail electric supplier (A) In general The term retail electric supplier means, for any calendar year, an electric utility that sells not fewer than 1,000,000 megawatt hours of electric energy to electric consumers for purposes other than resale during the preceding calendar year. (B) Inclusions and limitations For purposes of determining whether an electric utility qualifies as a retail electric supplier under subparagraph (A)— (i) the sales made by any affiliate of the electric utility to electric consumers, other than sales to lessees or tenants of the affiliate, for purposes other than resale shall be considered to be sales made by the electric utility; and (ii) sales made by the electric utility to an affiliate, lessee, or tenant of the electric utility shall not be treated as sales to electric consumers. (C) Affiliate In this paragraph, the term affiliate when used in relation to a person, means another person that directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, that person, as determined under regulations promulgated by the Commission. (12) Retail electric supplier's base quantity The term retail electric supplier's base quantity means the total quantity of electric energy sold by the retail electric supplier, expressed in megawatt hours, to electric customers for purposes other than resale during the relevant calendar year, excluding— (A) electricity generated by a hydroelectric facility, other than qualified hydropower; and (B) electricity generated by the combustion of municipal solid waste. (13) Retire and retirement The terms retire and retirement with respect to a Federal renewable electricity credit, means to disqualify the credit for any subsequent use under this section, regardless of whether the use is a sale, transfer, exchange, or submission in satisfaction of a compliance obligation. (c) Annual compliance obligation Except as otherwise provided in subsection (g), for each of calendar years 2015 through 2040, not later than March 31 of the following calendar year, each retail electric supplier shall submit to the Commission a quantity of Federal renewable electricity credits that is equal to at least the annual target of the retail electric supplier under subsection (e). (d) Establishment of program (1) In general Not later than 1 year after the date of enactment of this section, the Commission shall promulgate regulations to implement and enforce the requirements of this section. (2) Considerations In promulgating regulations under paragraph (1), the Commission shall, to the maximum extent practicable— (A) preserve the integrity and incorporate best practices of existing State and tribal renewable electricity programs; (B) rely on existing and emerging State, tribal, or regional tracking systems that issue and track non-Federal renewable electricity credits; and (C) cooperate with States and Indian tribes— (i) to facilitate coordination between State, tribal, and Federal renewable electricity programs; and (ii) to minimize administrative burdens and costs to retail electric suppliers. (e) Annual compliance requirement (1) Annual targets For each of calendar years 2015 through 2040, the annual target of a retail electric supplier shall be equal to the product obtained by multiplying— (A) the required annual percentage for that calendar year under paragraph (2); and (B) the retail electric supplier's base quantity for that calendar year. (2) Required annual percentage (A) Calendar years 2015 through 2040 Subject to subparagraph (B), for each of calendar years 2015 through 2040, the required annual percentage shall be as follows: Required annual Year: percentage: 2015 6 2016 7 2017 9 2018 11 2019 13 2020 15 2021 17 2022 19 2023 21 2024 23 2025–2040 25. (B) Increase authorized for calendar years 2026 through 2040 The Commission may issue orders increasing the required annual percentage amounts for each of calendar years 2026 through 2040 to reflect the maximum achievable level of renewable electricity generation potential, taking into account regional resource availability, economic feasibility, and technological capability. (f) Federal renewable electricity credits (1) In general (A) Issuance; tracking; verification The regulations promulgated under this section shall include provisions governing the issuance, tracking, and verification of Federal renewable electricity credits. (B) Credit ratio Except as provided in paragraphs (2) through (4), the Commission shall issue to each generator of renewable electricity, 1 Federal renewable electricity credit for each megawatt hour of renewable electricity generated by the generator after December 31, 2014. (C) Serial number The Commission shall assign a unique serial number to each Federal renewable electricity credit. (2) Generation from certain State renewable electricity programs (A) In general If renewable electricity is generated with the support of payments from a retail electric supplier pursuant to a State renewable electricity program (whether through State alternative compliance payments or through payments to a State renewable electricity procurement fund or entity), the Commission shall issue Federal renewable electricity credits to the retail electric supplier for the portion of the relevant renewable electricity generation that is attributable to payments made by the retail electric supplier, as determined pursuant to regulations promulgated by the Commission. (B) Remaining portion For any remaining portion of the relevant renewable electricity generation, the Commission shall issue Federal renewable electricity credits to the generator, as provided in paragraph (1), except that not more than 1 Federal renewable electricity credit shall be issued for the same megawatt hour of electricity. (C) State guidance In determining how Federal renewable electricity credits will be apportioned among retail electric suppliers and generators under this paragraph, the Commission shall consider information and guidance issued by the applicable one or more States. (3) Certain power sales contracts Except as otherwise provided in paragraph (2), if a generator has sold renewable electricity to a retail electric supplier under a contract for power from a facility placed in service before the date of enactment of this section, and the contract does not provide for the determination of ownership of the Federal renewable electricity credits associated with the generation, the Commission shall issue the Federal renewable electricity credits to the retail electric supplier for the duration of the contract. (4) Credit multipliers (A) In general Except as provided in subparagraph (B), the Commission shall issue— (i) not more than 3 Federal renewable electricity credits for each megawatt hour of renewable electricity generated by a distributed renewable generation facility; (ii) not more than 2 Federal renewable electricity credits for each megawatt hour of renewable electricity generated on Indian land; and (iii) not more than 2 Federal renewable electricity credits for each megawatt hour of renewable electricity generated by a brownfield site generation facility. (B) Adjustment Except as provided in subparagraph (C), not later than January 1, 2017, and not less frequently than every 4 years thereafter, the Commission shall review the effect of this paragraph on the aggregate quantity of renewable electricity produced under the standard and shall, as necessary and after providing 1 year of notice, reduce the number of Federal renewable electricity credits per megawatt hour issued under this paragraph for any given energy source or facility, but not below one, to ensure that the number is no higher than the Commission determines is necessary— (i) to incentivize incremental renewable energy generation on Indian land and brownfield sites; and (ii) to make distributed renewable generation facilities cost competitive with other sources of renewable electricity generation. (C) Facilities placed in service after enactment (i) In general For any renewable generation facility placed in service after the date of enactment of this section, subparagraph (B) shall not apply for the first 10 years after the date on which the facility is placed in service. (ii) Initial period For each year during the 10-year period described in clause (i), the Commission shall issue to the facility the same number of Federal renewable electricity credits per megawatt hour as are issued to that facility in the year in which the facility is placed in service. (iii) Subsequent period After the 10-year period described in clause (i), the Commission shall issue Federal renewable electricity credits to the facility in accordance with subparagraph (B). (5) Credits based on qualified hydropower For purposes of this subsection, the number of Federal renewable electricity credits issued for qualified hydropower shall be calculated— (A) based solely on the increase in average annual generation directly resulting from the efficiency improvements or capacity additions described in subsection (a)(6)(A); and (B) using the same water flow information used to determine a historic average annual generation baseline for the hydroelectric facility, as certified by the Commission. (6) Generation from mixed renewable and nonrenewable resources If electricity is generated using both a renewable energy resource and an energy source that is not a renewable energy resource (such as cofiring of renewable biomass and fossil fuel), the Commission shall issue Federal renewable electricity credits based on the proportion of the electricity that is attributable to the renewable energy resource. (7) Prohibition against double-counting The Commission shall ensure that— (A) no Federal renewable electricity credit is used more than once for compliance with this section; and (B) except as provided in paragraph (4), not more than 1 Federal renewable electricity credit is issued for any megawatt hour of renewable electricity. (8) Trading The lawful holder of a Federal renewable electricity credit may— (A) sell, exchange, or transfer the credit; (B) submit the credit for compliance under subsection (c); or (C) submit the credit for retirement by the Commission. (9) Banking (A) In general A Federal renewable electricity credit may be submitted in satisfaction of the compliance obligation under subsection (c) for the compliance year in which the credit was issued or for any of the 3 immediately subsequent compliance years. (B) Retirement The Commission shall retire any Federal renewable electricity credit that has not been retired by April 2 of the calendar year that is 3 years after the calendar year during which the credit was issued. (10) Retirement The Commission shall retire a Federal renewable electricity credit immediately upon submission by the lawful holder of the credit, whether in satisfaction of a compliance obligation under subsection (c) or for another reason. (g) Alternative compliance payments (1) In general A retail electric supplier may satisfy the requirements of subsection (c) in whole or in part by submitting in accordance with this subsection, in lieu of each Federal renewable electricity credit that would otherwise be due, a payment equal to $50, adjusted for inflation on January 1 of each year following calendar year 2015, in accordance with regulations promulgated by the Commission. (2) Payment to State funds (A) In general Except as otherwise provided in this paragraph, payments made under this subsection shall be made directly to one or more States in which the retail electric supplier sells electric energy, in proportion to the portion of the retail electric supplier's base quantity that is sold within each applicable State, if— (i) the payments are deposited directly into a fund of the State treasury established for that purpose; and (ii) the State uses the funds in accordance with paragraphs (3) and (4). (B) Noncompliance If the Commission determines that a State is in substantial noncompliance with paragraph (3) or (4), the Commission shall direct that any future alternative compliance payments that would otherwise be paid to the State under this subsection shall instead be paid to the Commission and deposited in the Treasury. (3) State use of funds As a condition of receipt of alternative compliance payments under this subsection, a State shall use the payments exclusively for— (A) deploying technologies that generate electricity from renewable energy resources; or (B) implementing cost-effective energy efficiency programs to achieve energy savings. (4) Reporting (A) In general As a condition of receipt of alternative compliance payments pursuant to this subsection, a State shall submit to the Commission an annual report, in accordance with regulations promulgated by the Commission, containing a full accounting of the use of the payments, including a detailed description of the activities funded by the payments and demonstrating compliance with the requirements of this subsection. (B) Deadline A State shall submit a report under this paragraph— (i) not later than 1 year after the date on which the first alternative compliance payment is received; and (ii) every 1 year thereafter until all alternative compliance payments are expended. (h) Information collection (1) In general The Commission may require any retail electric supplier, renewable electricity generator, or any other entity that the Commission determines appropriate, to provide any information the Commission determines appropriate to carry out this section. (2) Failure to submit; false or misleading information Any entity required to submit information under paragraph (1) that fails to submit the information or submits false or misleading information shall be in violation of this section. (i) Enforcement and judicial review (1) Failure to submit credits If any person fails to comply with the requirements of subsection (c) or (g), the person shall be liable to pay to the Commission a civil penalty equal to the product obtained by multiplying— (A) double the alternative compliance payment calculated under subsection (g)(1); and (B) the aggregate quantity of Federal renewable electricity credits or equivalent alternative compliance payments that the person failed to submit in violation of the requirements of subsections (c) and (g). (2) Enforcement The Commission shall assess a civil penalty under paragraph (1) in accordance with the procedures described in section 31(d) of the Federal Power Act ( 16 U.S.C. 823b(d) ). (3) Violation of requirement of regulations or orders (A) In general Any person who violates or fails or refuses to comply with any requirement of a regulation promulgated or order issued under this section shall be subject to a civil penalty under section 316A(b) of the Federal Power Act (16 U.S.C. 825o–1(b)). (B) Assessment The penalty under subparagraph (A) shall be assessed by the Commission in the same manner as in the case of a violation referred to in section 316A(b) of that Act. (4) Judicial review (A) In general Any person aggrieved by a final action taken by the Commission under this section, other than the assessment of a civil penalty under paragraphs (1) through (3), may use the procedures for review described in section 313 of the Federal Power Act (16 U.S.C. 825 l ). (B) Reference For purposes of this paragraph, references to an order in section 313 of that Act shall be considered to refer also to all other final actions of the Commission under this section other than the assessment of a civil penalty under paragraphs (1) through (3). (j) Administration Nothing in this section— (1) diminishes or qualifies any authority of a State, a political subdivision of a State, or an Indian tribe— (A) to adopt or enforce any law or regulation respecting renewable electricity, including any law or regulation establishing requirements that are more stringent than those established by this section, provided that no such law or regulation may relieve any person of any requirement otherwise applicable under this section; or (B) to regulate the acquisition and disposition of Federal renewable electricity credits by retail electric suppliers within the jurisdiction of the State, political subdivision, or Indian tribe, including the authority to require the retail electric supplier to acquire and submit to the Commission for retirement Federal renewable electricity credits in excess of those submitted under this section; or (2) affects the application of or the responsibility for compliance with any other provision of law or regulation, including environmental and licensing requirements. (k) Sunset The authority provided by this section expires on December 31, 2041. . 3. Clarifying state authority to adopt renewable energy incentives Section 210 of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 824a–3 ) is amended by adding at the end the following: (o) Clarification of State authority To adopt renewable energy incentives (1) Definition of State-approved production incentive program In this subsection, the term State-approved production incentive program means a requirement imposed pursuant to State law or by a State regulatory authority acting within its authority under State law that an electric utility purchase renewable energy (as defined in section 609(a)) at a specified rate. (2) State authority to adopt renewable energy incentives Notwithstanding any other provision of this Act or the Federal Power Act ( 16 U.S.C. 791a et seq. ), a State legislature or regulatory authority may set the rates for a sale of electric energy by a facility generating electric energy from renewable energy sources pursuant to a State-approved production incentive program under which the facility voluntarily participates in the State-approved production incentive program. . 4. Guidelines for determining qualified renewable biomass (a) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Lifecycle greenhouse gas emissions (A) In general The term lifecycle greenhouse gas emissions means the aggregate quantity of greenhouse gas emissions, adjusted to account for the relative global warming potential of the emissions relative to all greenhouse gas emissions. (B) Inclusions For purposes of subparagraph (A), the term greenhouse gas emissions includes— (i) direct emissions; and (ii) significant indirect emissions, including from— (I) land use changes and temporal changes in forest carbon sequestration; (II) biomass harvests, regrowth, and avoided decomposition related to the full fuel lifecycle, including all stages of fuel and feedstock production and distribution; and (III) feedstock generation or extraction through the distribution and delivery of the finished fuel to the ultimate consumer. (b) Guidelines Not later than 1 year after the date of enactment of this Act, the Administrator shall, recognizing the recommendations of and coordinating with the Scientific Advisory Board of the Environmental Protection Agency regarding the accounting of biogenic carbon dioxide emissions and after notice and public comment, issue guidelines for calculating lifecycle greenhouse gas emissions for renewable biomass (as that term is defined in section 610(b) of the Public Utility Regulatory Policies Act of 1978). 5. Energy efficiency resource standard for retail electricity and natural gas suppliers (a) In general Title VI of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2601 et seq. ) (as amended by section 2) is amended by adding after section 610 the following: 611. Federal energy efficiency resource standard for retail electricity and natural gas suppliers (a) Findings Congress finds that— (1) the Federal energy efficiency resource standard established by this section— (A) establishes nationwide minimum levels of electricity and natural gas savings to be achieved through utility efficiency programs, building energy codes, appliance standards, and related efficiency measures; and (B) rewards energy-saving improvements achieved through— (i) end-use energy efficiency upgrades; (ii) reduced losses in transmission and distribution of energy; and (iii) fuel-switching, to the extent that the switching results in reduced primary energy use; and (2) in light of the cost-effective energy efficiency opportunities that exist across the United States in every sector of the economy, retail electricity suppliers, retail natural gas suppliers, and States should— (A) consider energy efficiency as a resource in utility planning and procurement activities; and (B) seek to achieve all energy efficiency that is available at lower cost than other energy supply options. (b) Definitions In this section: (1) Affiliate The term affiliate when used in relation to a person, means another person that owns or controls, is owned or controlled by, or is under common ownership control with, that person, as determined under regulations promulgated by the Secretary. (2) ASHRAE, ansi, and iesna The terms ASHRAE , ANSI , and IESNA mean the American Society of Heating, Refrigerating and Air Conditioning Engineers, the American National Standards Institute, and the Illuminating Engineering Society of North America, respectively. (3) Base quantity (A) In general The term base quantity , with respect to a retail electricity supplier or retail natural gas supplier, means, for each calendar year for which a performance standard is established under subsection (d), the average annual quantity of electricity or natural gas delivered by the retail electricity supplier or retail natural gas supplier to retail customers during the 3 calendar years immediately preceding the year that compliance is required under subsection (d)(1). (B) Exclusion The term base quantity , with respect to a retail natural gas supplier, does not include natural gas delivered for purposes of electricity generation. (4) CHP savings The term CHP savings means— (A) CHP system savings from a combined heat and power system that commences operation after the date of enactment of this section; and (B) the increase in CHP system savings from upgrading or replacing, after the date of enactment of this section, a combined heat and power system that commenced operation on or before the date of enactment of this section. (5) CHP system savings The term CHP system savings means the electric output, and the electricity saved due to the mechanical output, of a combined heat and power system, adjusted to reflect any increase in fuel consumption by that system as compared to the fuel that would have been required to produce an equivalent useful thermal energy output in a separate thermal-only system, as determined in accordance with regulations promulgated by the Secretary. (6) Codes and standards savings (A) In general The term codes and standards savings means a reduction in end-use electricity or natural gas consumption by a retail electricity supplier or in the service territory of a retail natural gas supplier as a result of the adoption and implementation, after the date of enactment of this section, of new or revised appliance and equipment efficiency standards or building energy codes. (B) Baselines In calculating codes and standards savings under subparagraph (A)— (i) the baseline for calculating savings from building codes shall be the more stringent of— (I) (aa) the 2009 International Energy Conservation Code for residential buildings; or (bb) the ASHRAE/ANSI/IESNA Standard 90.1–2007 for commercial buildings; or (II) the applicable State building code in effect on the date of enactment of this section; and (ii) the baseline for calculating savings from appliance standards shall be the average efficiency of new appliances in the applicable one or more categories prior to the adoption and implementation of the new standard. (7) Combined heat and power system The term combined heat and power system means a system that uses the same energy source both for the generation of electrical or mechanical power and the production of steam or another form of useful thermal energy, if— (A) the system meets any requirements relating to efficiency and other operating characteristics that the Secretary promulgates by regulation; and (B) the net wholesale sales of electricity by a facility does not exceed 50 percent of total annual electric generation by the facility. (8) Cost-effective The term cost-effective , with respect to an energy efficiency measure, means that the measure achieves a net present value of economic benefits over the life of the measure, both directly to the energy consumer and to the economy, that is greater than the net present value of the cost of the measure over the life of the measure, both directly to the energy consumer and to the economy, using the societal benefit-cost test calculated using the weighted average utility cost of capital as the discount rate. (9) Customer facility savings The term customer facility savings means a reduction in end-use electricity or natural gas consumption (including waste heat energy savings) at a facility of an end-use consumer of electricity or natural gas served by a retail electricity supplier or natural gas supplier, as compared to— (A) in the case of a new facility, consumption at a reference facility of average efficiency; (B) in the case of an existing facility, consumption at the facility during a base period of not less than 1 year; (C) in the case of new equipment that replaces existing equipment at the end of the useful life of the existing equipment, consumption by new equipment of average efficiency of the same equipment type, except that customer savings under this subparagraph shall not be counted towards customer savings under subparagraph (A) or (B); and (D) in the case of new equipment that replaces existing equipment with remaining useful life— (i) consumption of the existing equipment for the remaining useful life of the equipment; and (ii) thereafter, consumption of new equipment of average efficiency. (10) Electricity savings The term electricity savings means reductions in electricity consumption achieved through measures implemented after the date of enactment of this section, as determined in accordance with regulations promulgated by the Secretary, that are limited to— (A) customer facility savings of electricity, adjusted to reflect any associated increase in fuel consumption at the facility; (B) reductions in distribution system losses of electricity achieved by a retail electricity supplier, as compared to losses attributable to new or replacement distribution system equipment of average efficiency, as defined in regulations promulgated by the Secretary; (C) CHP savings; (D) codes and standards savings of electricity; and (E) fuel switching energy savings that results in net savings of electricity. (11) Fuel switching energy savings (A) In general The term fuel-switching energy savings means net energy savings, calculated in accordance with subparagraph (B), from end-user switches from 1 energy source to another, as determined in accordance with regulations promulgated by the Secretary. (B) Calculation For purposes of calculating fuel-switching net energy savings— (i) electricity use shall be evaluated based on the average quantity of fuel burned at a power plant to provide each kilowatt hour of electricity; (ii) electricity and natural gas use shall include losses in the transmission and distribution system; and (iii) fuel-switching that is not cost-effective to the end-user shall not be counted. (12) Natural gas savings The term natural gas savings means reductions in natural gas consumption from measures implemented after the date of enactment of this section, as determined in accordance with regulations promulgated by the Secretary, that are limited to— (A) customer facility savings of natural gas, adjusted to reflect any associated increase in electricity consumption or consumption of other fuels at the facility; (B) reductions in leakage, operational losses, and consumption of natural gas fuel to operate a gas distribution system, achieved by a retail natural gas supplier, as compared to similar leakage, losses, and consumption during a base period of not less than 1 year; (C) codes and standards savings of natural gas; and (D) fuel switching energy savings that results in net savings of natural gas. (13) Power pool The term power pool means an association of two or more interconnected electric systems that have entered into an agreement to coordinate operations and planning for improved reliability and efficiencies, including a Regional Transmission Organization or an Independent System Operator, as determined by the Secretary. (14) Reporting period The term reporting period means— (A) calendar year 2015; and (B) each successive 2-calendar-year period thereafter. (15) Retail electricity supplier (A) In general The term retail electricity supplier means, for any given calendar year, an electric utility that sells not less than 1,000,000 megawatt hours of electric energy to electric consumers for purposes other than resale during the preceding calendar. (B) Inclusions and limitations For purposes of determining whether an electric utility qualifies as a retail electricity supplier under subparagraph (A)— (i) deliveries by any affiliate of an electric utility to electric consumers for purposes other than resale shall be considered to be deliveries by the electric utility; and (ii) deliveries by any electric utility to a lessee, tenant, or affiliate of the electric utility shall not be considered to be deliveries to electric consumers. (16) Retail natural gas supplier (A) In general The term retail natural gas supplier means, for any given calendar year, a local distribution company (as defined in section 2 of the Natural Gas Policy Act of 1978 ( 15 U.S.C. 3301 )), that delivered to natural gas consumers more than 5,000,000,000 cubic feet of natural gas for purposes other than resale during the preceding calendar year. (B) Inclusions and limitations For purposes of determining whether a person qualifies as a retail natural gas supplier under subparagraph (A)— (i) deliveries of natural gas by any affiliate of a local distribution company to consumers for purposes other than resale shall be considered to be deliveries by the local distribution company; and (ii) deliveries of natural gas to a lessee, tenant, or affiliate of a local distribution company shall not be considered to be deliveries to natural gas consumers. (17) Third-party efficiency provider The term third-party efficiency provider means any retailer, building owner, energy service company, financial institution or other commercial, industrial or nonprofit entity that is capable of providing electricity savings or natural gas savings in accordance with subsections (e) and (f). (18) Waste heat energy savings (A) In general The term waste heat energy savings means a reduction in electricity or natural gas consumption that results from a modification of an industrial or commercial system that commenced operation before the date of enactment of this section, in order to recapture electrical, mechanical, or thermal energy that would otherwise be wasted, as determined in accordance with regulations promulgated by the Secretary. (B) Inclusion Such savings shall be included as part of customer facility savings. (c) Establishment of program (1) Regulations Not later than 1 year after the date of enactment of this section, the Secretary shall, by regulation, establish a program to implement and enforce the requirements of this section, including by— (A) establishing measurement and verification procedures and standards under subsection (f); (B) establishing requirements under which retail electricity suppliers and retail natural gas suppliers shall— (i) demonstrate, document, and report the compliance of the retail electricity suppliers and retail natural gas suppliers with the performance standards under subsection (d); and (ii) estimate the impact of the standards on current and future electricity and natural gas use in the service territories of the suppliers; and (C) establishing requirements governing applications for, and implementation of, delegated State administration under subsection (h). (2) Coordination with state programs In establishing and implementing this section, the Secretary shall, to the maximum extent practicable, preserve the integrity and incorporate best practices of existing State energy efficiency programs. (d) Performance standards (1) Compliance obligation Not later than May 1 of the calendar year immediately following each reporting period— (A) each retail electricity supplier shall submit to the Secretary a report, in accordance with regulations promulgated by the Secretary, demonstrating that the retail electricity supplier has achieved annual electricity savings (adjusted to account for any attrition of savings measures implemented in prior years) in each calendar year that are equal to the applicable percentage, established under paragraph (2), (3), or (4), of the base quantity of the retail electricity supplier; and (B) each retail natural gas supplier shall submit to the Secretary a report, in accordance with regulations promulgated by the Secretary, demonstrating that it has achieved cumulative natural gas savings (adjusted to account for any attrition of savings measures implemented in prior years) in each calendar year that are equal to the applicable percentage, established under paragraph (2), (3), or (4), of the base quantity of such retail natural gas supplier, subject to business-as-usual consumption projections calculated in accordance with subsection (f)(1)(P). (2) Standards for 2015 through 2025 For each of calendar years 2015 through 2025, the applicable percentages are as follows: Calendar Year Cumulative Electricity Savings Percentage Cumulative Natural Gas Savings Percentage 2015 1.00 0.50 2016 2.00 1.25 2017 3.00 2.00 2018 4.25 3.00 2019 5.50 4.00 2020 7.00 5.00 2021 8.50 6.00 2022 10.00 7.00 2023 11.50 8.00 2024 13.25 9.00 2025 15.00 10.00. (3) Subsequent years (A) Calendar years 2026 through 2040 Not later than December 31, 2023, the Secretary shall promulgate regulations establishing performance standards (expressed as applicable percentages of base quantity for both cumulative electricity savings and cumulative natural gas savings) for each of calendar years 2026 through 2040. (B) Subsequent extensions Except as provided in subparagraph (A), not later than December 31 of the penultimate reporting period for which performance standards have been established under this paragraph, the Secretary shall promulgate regulations establishing performance standards (expressed as applicable percentages of base quantity for both cumulative electricity savings and cumulative natural gas savings) for the 10-calendar-year period following the last calendar year for which performance standards previously were established. (C) Requirements The Secretary shall establish standards under this paragraph at levels reflecting the maximum achievable level of cost-effective energy efficiency potential, taking into account— (i) cost-effective energy savings achieved by leading retail electricity suppliers and retail natural gas suppliers; (ii) opportunities for new codes and standard savings; (iii) technology improvements; and (iv) other indicators of cost-effective energy efficiency potential. (D) Minimum percentage In no case shall the applicable percentages for any calendar year be less than the applicable percentages for calendar year 2025 (including any increase in the standard for calendar year 2025 established pursuant to paragraph (4)). (4) Midcourse review and adjustment of standards (A) In general Not later than December 31, 2020, and at 10-year intervals thereafter, the Secretary shall— (i) review the most recent standards established under paragraph (2) or (3); and (ii) increase the standards by regulation if the Secretary determines that additional cost-effective energy efficiency potential is achievable, taking into account the requirements described in paragraph (3)(C). (B) Lead time If the Secretary revises standards under this paragraph, the regulations shall provide adequate lead time to ensure that compliance with the increased standards is feasible. (5) Delay of submission for first reporting period (A) In general Notwithstanding paragraphs (1) and (2), for the 2015 reporting period, the Secretary may accept a request from a retail electricity supplier or a retail natural gas supplier to delay the required submission of documentation of all or part of the required savings for up to 2 years. (B) Plan for compliance The request for delay under subparagraph (A) shall include a plan for coming into full compliance by the end of the 2016–2017 reporting period. (6) Applying unused savings to future years If savings achieved in a year exceed the performance standards specified in this subsection, any savings in excess of the performance standards may be applied toward performance standards specified for future years. (e) Transfers of electricity or natural gas savings (1) Bilateral contracts for savings transfers Subject to the limitations of this subsection, a retail electricity supplier or retail natural gas supplier may use electricity savings or natural gas savings purchased pursuant to a bilateral contract from another retail electricity supplier or retail natural gas supplier, a State, or a third-party efficiency provider to meet the applicable performance standard under subsection (d). (2) Requirements Electricity savings or natural gas savings purchased and used for compliance under this subsection shall be— (A) measured and verified in accordance with subsection (f); (B) reported in accordance with subsection (d); and (C) achieved within the same State as is served by the retail electricity supplier or retail natural gas supplier. (3) Exception Notwithstanding paragraph (2)(C), a State regulatory authority may authorize a retail electricity supplier or a retail natural gas supplier regulated by the State regulatory authority to purchase savings achieved in a different State, if— (A) the savings are achieved within the same power pool; and (B) the State regulatory authority that regulates the purchaser oversees the measurement and verification of the savings pursuant to the procedures and standards applicable in the State in which the purchaser is located. (4) Regulatory approval Nothing in this subsection limits or affects the authority of a State regulatory authority to require a retail electricity supplier or retail natural gas supplier that is regulated by the State regulatory authority to obtain the authorization or approval of the State regulatory authority of a contract for transfer of electricity savings or natural gas savings under this paragraph. (5) Limitations To optimize the achievement of cost-effective efficiency potential, the Secretary may prescribe such limitations as the Secretary determines appropriate with respect to the proportion of the compliance obligation of a retail electricity or natural gas supplier under the applicable performance standards under subsection (d) that may be met using electricity savings or natural gas savings that are purchased under this subsection. (f) Measurement and verification of savings The regulations promulgated pursuant to subsection (c) shall include— (1) procedures and standards for defining and measuring electricity savings and natural gas savings that can be counted towards the performance standards established under subsection (d), that shall— (A) specify the types of energy efficiency and energy conservation measures that can be counted; (B) require that energy consumption estimates for customer facilities or portions of facilities in the applicable base and current years be adjusted, as appropriate, to account for changes in weather, level of production, and building area; (C) account for the useful life of measures; (D) include assigned savings values for specific, commonly used measures; (E) allow for savings from a program to be estimated based on extrapolation from a representative sample of participating customers; (F) include procedures for calculating and documenting CHP savings, fuel-switching energy savings, and waste heat energy savings; (G) establish methods for calculating codes and standards energy savings, including the use of verified compliance rates; (H) include procedures for calculating and documenting— (i) customer facility savings and reductions in distribution system losses of electricity and natural gas that are achieved as a result of smart grid deployment, as described in section 1301 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17381); and (ii) reductions in natural gas distribution system losses attributable to pipeline repair and replacement programs; (I) count only measures and savings that are additional to business-as-usual customer purchase practices; (J) ensure that the retail electricity supplier or retail natural gas supplier claiming the electricity savings or natural gas savings, including codes and standards savings, played a significant role in achieving the savings (including through the activities of a designated agent of the supplier or through the purchase of transferred electricity savings or natural gas savings); (K) avoid double-counting of savings used for compliance with this section, including transferred savings; (L) include electricity savings or natural gas savings from programs administered by the retail electric supplier or natural gas supplier that are funded by Federal, State, or other sources; (M) credit large customer self-directed electricity savings or natural gas savings to the retail electricity supplier or the retail natural gas supplier if the large customers receive incentives or rate reductions from the retail supplier for self-directed energy efficiency improvements; (N) include procedures for counting electricity savings and natural gas savings achieved by solar water heating, solar light pipe technology, geothermal heat pumps, and other technologies utilizing renewable resources that reduce on-site energy use; (O) in any State in which the State regulatory authority has designated one or more entities to administer electric ratepayer-funded efficiency programs approved by the State regulatory authority, provide that electricity savings and natural gas savings achieved through the programs shall be distributed proportionally among retail electric suppliers and retail natural gas suppliers; and (P) include guidance for utilities to calculate and document business-as-usual consumption projections; and (2) procedures and standards for third-party verification of reported electricity savings or natural gas savings. (g) Enforcement and judicial review (1) Review of retail supplier reports (A) In general The Secretary shall review each report submitted to the Secretary by a retail electricity supplier or retail natural gas supplier under subsection (d) to verify that the applicable performance standards under subsection (d) have been met. (B) Exclusion In determining compliance with the applicable performance standards under subsection (d), the Secretary shall exclude reported electricity savings or natural gas savings that are not adequately demonstrated and documented, in accordance with the regulations promulgated under subsections (d), (e), and (f). (2) Penalty for failure to document adequate savings If a retail electricity supplier or a retail natural gas supplier fails to demonstrate compliance with an applicable performance standard under subsection (d), or to pay to the State an applicable alternative compliance payment under subsection (h)(4), the Secretary shall assess against the retail electricity supplier or retail natural gas supplier a civil penalty for each failure in an amount equal to, as adjusted for inflation in accordance with such regulations as the Secretary may promulgate— (A) $100 per megawatt hour of electricity savings or alternative compliance payment that the retail electricity supplier failed to achieve or make, respectively; or (B) $10 per million Btu of natural gas savings or alternative compliance payment that the retail natural gas supplier failed to achieve or make, respectively. (3) Offsetting state penalties The Secretary shall reduce the amount of any penalty under paragraph (2) by the amount paid by the relevant retail electricity supplier or retail natural gas supplier to a State for failure to comply with the requirements of a State energy efficiency resource standard during the same compliance period, if the State standard— (A) is comparable in type to the Federal standard established under this section; and (B) is more stringent than the applicable performance standards under subsection (d). (4) Enforcement procedures The Secretary shall assess a civil penalty, as provided under paragraph (2), in accordance with the procedures described in section 333(d) of the Energy Policy and Conservation Act ( 42 U.S.C. 6303(d) ). (5) Judicial review (A) In general Any person adversely affected by a final action taken by the Secretary under this section, other than the assessment of a civil penalty, may use the procedures for review described in section 336(b) of the Energy Policy and Conservation Act (42 U.S.C. 6306(b)). (B) Reference In this paragraph, references to a rule in section 336(b) of the Energy Policy and Conservation Act ( 42 U.S.C. 6306(b) ) shall be considered to refer also to all other final actions of the Secretary under this section other than the assessment of a civil penalty. (h) State administration (1) In general Upon receipt of an application from the Governor of a State (including the Mayor of the District of Columbia), the Secretary may delegate to the State responsibility for administering this section within the territory of the State if the Secretary determines that the State will implement an energy efficiency program that meets or exceeds the requirements of this section, including— (A) achieving electricity savings and natural gas savings that are at least as great as those required under the applicable performance standards established under subsection (d); (B) reviewing reports and verifying electricity savings and natural gas savings achieved in the State (including savings transferred from outside the State); and (C) collecting any alternative compliance payments under paragraph (4) and using the payments to implement cost-effective efficiency programs. (2) Secretarial determination Not later than 180 days after the date on which a complete application is received by the Secretary, the Secretary shall make a substantive determination approving or disapproving a State application, after public notice and comment. (3) Alternative measurement and verification procedures and standards As part of an application submitted under paragraph (1), a State may request to use alternative measurement and verification procedures and standards from the procedures and standards described in subsection (f), if the State demonstrates that the alternative procedures and standards provide a level of accuracy of measurement and verification that are at least equivalent to the Federal procedures and standards under subsection (f). (4) Alternative compliance payments (A) In general As part of an application submitted under paragraph (1), a State may permit retail electricity suppliers or retail natural gas suppliers to pay to the State, by not later than April 1 of the calendar year immediately following the applicable reporting period, an alternative compliance payment in an amount equal to, as adjusted for inflation in accordance with such regulations as the Secretary may promulgate, not less than— (i) $50 per megawatt hour of electricity savings needed to make up any deficit with regard to a compliance obligation under the applicable performance standard; or (ii) $5 per million Btu of natural gas savings needed to make up any deficit with regard to a compliance obligation under the applicable performance standard. (B) Use of payments Alternative compliance payments collected by a State under subparagraph (A) shall be used by the State to administer the delegated authority of the State under this section and to implement cost-effective energy efficiency programs that— (i) to the maximum extent practicable, achieve electricity savings and natural gas savings in the State sufficient to make up the deficit associated with the alternative compliance payments; and (ii) can be measured and verified in accordance with the applicable procedures and standards under subsection (f) or paragraph (3), as applicable. (5) Review of state implementation (A) Periodic review Every 2 years, the Secretary shall review State implementation of this section for conformance with the requirements of this section in approximately ½ of the States that have received approval under this subsection to administer the program, so that each State shall be reviewed at least every 4 years. (B) Report To facilitate the review under subparagraph (A), the Secretary may require the State to submit a report demonstrating the conformance of the State with the requirements of this section, including— (i) reports submitted by retail electricity suppliers and retail natural gas suppliers to the State demonstrating compliance with applicable performance standards; (ii) the impact of the standards on projected electricity and natural gas demand within the State; (iii) an accounting of the use of alternative compliance payments by the State and the resulting electricity savings and natural gas savings achieved; and (iv) any other information that the Secretary determines appropriate. (C) Review upon petition Notwithstanding subparagraph (A), upon receipt of a public petition containing credible allegation of substantial deficiencies, the Secretary shall promptly review the State implementation of delegated authority under this section. (D) Deficiencies (i) In general In completing a review under this paragraph, if the Secretary finds deficiencies, the Secretary shall— (I) notify the State of the deficiencies; (II) direct the State to correct the deficiencies; and (III) require the State to report to the Secretary on progress made by not later than 180 days after the date on which the State receives notice under subclause (I). (ii) Substantial deficiencies If the deficiencies are substantial, the Secretary shall— (I) disallow the reported electricity savings or natural gas savings that the Secretary determines are not credible due to deficiencies; (II) re-review the State not later than 2 years after the date on which the original review was completed; and (III) if substantial deficiencies remain uncorrected after the review provided for under subclause (II), revoke the authority of the State to administer the program established under this section. (6) Calls for revision of State applications As a condition of maintaining the delegated authority of a State to administer this section, the Secretary may require a State to submit a revised application under paragraph (1) if the Secretary has— (A) promulgated new or revised performance standards under subsection (d); (B) promulgated new or substantially revised measurement and verification procedures and standards under subsection (f); or (C) otherwise substantially revised the program established under this section. (7) Cost recovery, fixed cost recovery and shareholder incentives State utility regulatory commissions are encouraged to review the rules and regulations of the commission to ensure that utilities under the jurisdiction of the commission can— (A) recover the direct costs of energy efficiency programs; (B) fully recover authorized fixed costs, including lost margins from lower annual sales due to energy efficiency programs; and (C) earn an incentive for shareholders if the energy efficiency standards are achieved. (i) Information and reports In accordance with section 13 of the Federal Energy Administration Act of 1974 ( 15 U.S.C. 772 ), the Secretary may require any retail electricity supplier, retail natural gas supplier, third-party efficiency provider, or any other entity that the Secretary determines appropriate, to provide any information the Secretary determines appropriate to carry out this section. (j) State law Nothing in this section diminishes or qualifies any authority of a State or political subdivision of a State to adopt or enforce any law or regulation respecting electricity savings or natural gas savings, including any law or regulation establishing energy efficiency requirements that are more stringent than those under this section, except that no State law or regulation shall relieve any person of any requirement otherwise applicable under this section. . 6. Program review (a) National academy of sciences review The Secretary of Energy shall enter into a contract with the National Academy of Sciences under which the Academy shall, not later than July 1, 2019, and every 10 years thereafter, submit to Congress, the Federal Energy Regulatory Commission, and the Secretary of Energy a comprehensive evaluation of all aspects of the programs established under this Act and under sections 610 and 611 of the Public Utility Regulatory Policies Act of 1978 (as added by this Act), including— (1) an evaluation of the effectiveness of the programs, including the specific design elements of the programs, in increasing the efficiency of retail natural gas and electricity distribution and consumption and increasing the deployment of renewable electricity capacity; (2) the opportunities for additional technologies and sources of efficiency and renewable electricity that have emerged since the date of enactment of this Act; (3) the impact of the programs on the reliability of electricity and natural gas supply; (4) the net benefits or costs of the programs to the United States and the States, including— (A) the effects on electricity and natural gas demand and prices; (B) the economic development benefits of investment; (C) environmental costs and benefits; (D) the impacts on public health and health care costs; and (E) avoided costs related to environmental and congestion mitigation investments that otherwise would have been required; (5) an assessment of the benefits and costs of increasing the performance standards established under section 611(d) of the Public Utility Regulatory Policies Act of 1978 (as added by this Act); (6) the feasibility, advantages, and disadvantages of alternative models for demonstrating compliance with a Federal energy efficiency resource standard, including— (A) establishing a national trading system for energy efficiency credits; or (B) demonstrating compliance through actual reductions in delivery or sales of electricity and natural gas, rather than on program savings; and (7) recommendations regarding potential changes to this section, to regulations and procedures for implementing this section, or to related public policies. (b) Recommendations to Congress Not later than January 1, 2020, and every 10 years thereafter, the Secretary of Energy shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report making recommendations for modifications and improvements to the programs established under this Act and under sections 610 and 611 of the Public Utility Regulatory Policies Act of 1978 (as added by this Act), including an explanation of the inconsistencies, if any, between the recommendations of the Secretary of Energy and the recommendations included in the evaluation of the National Academy of Sciences under paragraph (1). 7. Conforming amendment The table of contents of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. prec. 2601) is amended by adding at the end of the items relating to title VI the following: Sec. 609. Rural and remote communities electrification grants. Sec. 610. Federal renewable electricity standard. Sec. 611. Federal energy efficiency resource standard for retail electricity and natural gas suppliers. .
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113-hr-5302
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V 113th CONGRESS 2d Session H. R. 5302 IN THE HOUSE OF REPRESENTATIVES July 30, 2014 Ms. Loretta Sanchez of California introduced the following bill; which was referred to the Committee on Armed Services A BILL To authorize the President to award the Medal of Honor to Special Forces Command Sergeant Major Ramon Rodriguez of the United States Army for acts of valor during the Vietnam War.
1. Authorization for award of the Medal of Honor to Special Forces Sergeant Ramon Rodriguez for acts of valor during the Vietnam War (a) Findings Congress makes the following findings: (1) At the age of 17, Ramon Rodriguez of Wilmington, California, began his military career when he enlisted in the Army during his junior year at Banning High School. (2) While a Staff Sergeant in the Army, Ramon Rodriguez served in Vietnam for 32 months during the Vietnam War. (3) During a mission in 1967 in Phu Bai in Thua Thien Province, Staff Sergeant Rodriguez was wounded while leading five soldiers to safety, for which he received a second award of the Silver Star in recognition of his fearless action while exposed to intense enemy fire . (4) In all, Staff Sergeant Rodriguez was awarded the Silver Star three times within a span of 34 days for his courageous service during the Vietnam War. (5) Staff Sergeant Rodriguez was awarded three Bronze Stars with V and 2 Oak Leaf Cluster and five Purple Hearts. (6) Command Sergeant Major Rodriguez received a total of 17 combat medals and awards for his service in Vietnam in recognition of his heroism and acts of valor against hostile enemy forces. (7) Staff Sergeant Rodriguez attended the United States Ranger School and graduated with distinguished honors. (8) Staff Sergeant Rodriguez led the Special Forces scuba team at Ford Gulick, Canal Zone, Panama, and directed several rescue missions. (9) In 1981, Staff Sergeant Rodriguez earned the rank of Command Sergeant Major at the United States Sergeant Major Academy at Fort Bliss, Texas. (10) Command Sergeant Major Rodriguez was nominated for the Congressional Medal of Honor in 1982. (11) Command Sergeant Major Rodriguez completed two more assignments before officially retiring from the Army in 1983. (12) On June 11, 2008, Command Sergeant Major Rodriguez was inducted as a member of the Ranger Hall of Fame. (13) Command Sergeant Major Rodriguez is known to be one of the most decorated combat soldiers who served in the Vietnam War. (14) Rodriguez currently serves as the Chairman of the Military and Veterans Affairs Commission for the County of Los Angeles, California. (b) Waiver of time limitations Notwithstanding the time limitations specified in section 3744 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President may award the Medal of Honor under section 3741 of such title to Command Sergeant Major Ramon Rodriguez of the United States Army for acts of valor, sacrifice, and courage at the risk of his own life beyond the call of duty during the Vietnam War.
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113-hr-5303
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I 113th CONGRESS 2d Session H. R. 5303 IN THE HOUSE OF REPRESENTATIVES July 31, 2014 Mrs. McMorris Rodgers introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To promote the use of blended learning in classrooms across America.
1. Short title This Act may be cited as the 21st Century Classroom Innovation Act . 2. References Except as otherwise expressly provided, whenever in this Act an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ). 3. Encouraging State and local blended learning projects (a) State applications Section 2112(b) ( 20 U.S.C. 6612(b) ) is amended by inserting at the end the following: (13) In the case of a State that will carry out a program to award grants under section 2113(c)(3), a description of the program, which shall include— (A) the criteria the State will use to award grants under such section to eligible entities to carry out blended learning projects; (B) the State policies and procedures to be waived by the State, consistent with Federal law, for such eligible entities to carry out such projects, which may include waivers with respect to— (i) restrictions on class sizes; (ii) restrictions on licensing or credentialing of personnel supervising student work in such projects; (iii) restrictions on the use of State funding for instructional materials for the purchase of digital instructional resources; (iv) restrictions on advancing students based on demonstrated mastery of learning outcomes, rather than seat-time requirements; and (v) restrictions on secondary school students in the State enrolling in online coursework; (C) how the State will inform eligible entities of the availability of the waivers described in subparagraph (B); and (D) how the State will provide the non-Federal match required under subparagraph (D) of section 2113(c)(3). . (b) State use of funds Section 2113 ( 20 U.S.C. 6613 ) is amended— (1) in subsection (a)(2), by striking 2.5 and inserting 1.5 ; and (2) in subsection (c)— (A) by striking the matter preceding paragraph (1) and inserting the following: (1) In general The State educational agency for a State that receives a grant under section 2111 shall use the funds described in subsection (a)(3) to carry out one or more of the activities described in paragraph (2) or (3). (2) Activities The State educational agency may use the funds described in subsection (a)(3) to carry out one or more of the following, which may be carried out through a grant or contract with a for-profit or nonprofit entity: ; (B) by redesignating paragraphs (1) through (18) as subparagraphs (A) through (R), respectively; (C) in subparagraph (A), as so redesignated— (i) by redesignating subparagraph (A)(i) and clause (ii) as clause (i)(I) and subclause (II), respectively; and (ii) by redesignating subparagraphs (B) and (C) as clauses (ii) and (iii), respectively; (D) in subparagraph (B), as so redesignated, by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (E) in subparagraph (D), as so redesignated, by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (F) in subparagraph (R), as so redesignated, by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; and (G) by adding at the end the following: (3) Blended learning projects (A) In general The State educational agency may use the funds described in subsection (a)(3) to carry out a program to award grants on a competitive basis to eligible entities in the State to carry out blended learning projects described in this paragraph. (B) Application An eligible entity desiring to receive a grant under this paragraph shall submit an application to the State educational agency at such time and in such manner as the agency may require, and which describes— (i) the blended learning project to be carried out by the eligible entity, including the design of the instructional model to be carried out by the eligible entity and how such eligible entity will use funds provided under this paragraph to carry out the project; (ii) in the case of an eligible entity described in subclause (I) or (III) of subparagraph (E)(ii), the schools that will participate in the project; (iii) how the eligible entity will ensure sufficient information technology is available to carry out the project; (iv) how the eligible entity will ensure sufficient digital instructional resources are available to students participating in the project; (v) the ongoing professional development to be provided for teachers, school leaders, and other personnel carrying out the project; (vi) the State policies and procedures for which the eligible entity requests waivers from the State to carry out the project, which may include requests for the waivers described in section 2112(b)(13)(B); (vii) as appropriate, how the eligible entity will use the blended learning project to improve instruction and access to the curriculum for diverse groups of students, including students with disabilities and students who are limited English proficient; (viii) how the eligible entity will evaluate the project and publicly report the results of such evaluation; and (ix) how the eligible entity will sustain the project beyond the grant period. (C) Uses of funds An eligible entity receiving a grant under this paragraph shall use such grant to carry out a blended learning project, which shall include at least one of the following activities: (i) Planning activities, which may include development of new instructional models (including blended learning technology software and platforms), the purchase of digital instructional resources, initial professional development activities, and one-time information technology purchases, except that such expenditures may not include expenditures related to significant construction or renovation of facilities. (ii) Ongoing professional development for teachers, school leaders, or other personnel involved in the project. (D) Non-federal match A State educational agency that carries out a grant program under this paragraph shall provide non-Federal matching funds equal to not less than 10 percent of the grant funds awarded by the State educational agency to eligible entities under this paragraph. (E) Definitions For purposes of this paragraph: (i) Blended learning project The term blended learning project means a formal education program— (I) that includes an element of online learning, and instructional time in a supervised location away from home; (II) that includes an element of student control over time, place, path, or pace; and (III) the modalities along each student’s learning path within a course or subject are connected to provide an integrated learning experience. (ii) Charter school The term charter school has the meaning given the term in section 5210. (iii) Eligible entity The term eligible entity means a— (I) local educational agency; (II) charter school; or (III) consortium of the entities described in subclause (I) or (II), which may be in partnership with a for-profit or nonprofit entity. .
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113-hr-5304
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I 113th CONGRESS 2d Session H. R. 5304 IN THE HOUSE OF REPRESENTATIVES July 31, 2014 Ms. Jenkins (for herself and Mr. Cartwright ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to provide for treatment of audiologists as physicians for purposes of furnishing audiology services under the Medicare program, to improve access to the audiology services available for coverage under the Medicare program and to enable beneficiaries to have their choice of a qualified audiologist to provide such services, and for other purposes.
1. Short title This Act may be cited as the Audiology Patient Choice Act of 2014 . 2. Findings Congress finds the following: (1) Hearing loss is the third most common chronic disorder for Americans over 65, behind only arthritis and high blood pressure. (2) Individuals with mild hearing loss are three times more likely to experience a fall and falls are the leading cause of injury and death for Americans over 65. (3) Untreated hearing and balance problems contribute to and are highly correlated with depression and social isolation. (4) Seniors with hearing loss run a much higher risk of cognitive problems and experience cognitive decline up to 40 percent faster than those with normal hearing. (5) Medicare beneficiaries should have access to the same level of audiologic care as is available in the Veterans’ Administration, under the Federal Employees Health Benefits Program, and under private insurance. (6) The Medicare program needs to be updated in a comprehensive way so Medicare beneficiaries are able to have access to all of the advancements in the delivery of audiologic care. 3. Improved Medicare coverage of audiology services (a) Treatment of audiologists as physicians for purposes of furnishing audiology services The first sentence of section 1861(r) of the Social Security Act ( 42 U.S.C. 1395x(r) ) is amended— (1) by striking or before (5) ; and (2) by inserting before the period the following: , or (6) a qualified audiologist, but only with respect to the furnishing of audiology services described in subsection (ll)(3) for which the qualified audiologist is legally authorized to perform by the State and who is acting within the scope of the audiologist’s license (or other authorization under State law) . (b) Improved access to audiology services available for coverage under the Medicare program and enabling Medicare beneficiaries To have their choice of qualified audiologist Section 1861(ll)(3) of the Social Security Act ( 42 U.S.C. 1395x(ll)(3) ) is amended— (1) by striking hearing and balance assessment ; (2) by striking , as would otherwise be covered if furnished by a physician ; and (3) by inserting before the period at the end the following: , without regard to any requirement that the individual receiving the audiology services be under the care of (or referred by) a physician or other health care practitioner or that such services are provided under the supervision of a physician or other health care practitioner . (c) Effective date The amendments made by this section shall apply to items and services furnished on or after January 1 of the first year beginning more than 6 months after the date of the enactment of this Act.
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113-hr-5305
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I 113th CONGRESS 2d Session H. R. 5305 IN THE HOUSE OF REPRESENTATIVES July 31, 2014 Mr. Pierluisi introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 11 of the United States Code to treat Puerto Rico as a State for purposes of chapter 9 of such title relating to the adjustment of debts of municipalities.
1. Short title This Act may be cited as the Puerto Rico Chapter 9 Uniformity Act of 2014 . 2. Amendment Section 101(52) of title 11, United States Code, is amended to read as follows: (52) The term State includes Puerto Rico and, except for the purpose of defining who may be a debtor under chapter 9 of this title, includes the District of Columbia. .
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113-hr-5306
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I 113th CONGRESS 2d Session H. R. 5306 IN THE HOUSE OF REPRESENTATIVES July 31, 2014 Mr. Larson of Connecticut introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on Education and the Workforce and 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 protect our Social Security system and improve benefits for current and future generations.
1. Short title This Act may be cited as the Social Security 2100 Act . I Strengthening Benefits 101. Across-the-board benefit increase (a) In general Section 215(a)(1)(A)(i) of the Social Security Act ( 42 U.S.C. 415(a)(1)(A)(i) ) is amended by striking 90 percent and inserting 93 percent . (b) Effective date (1) In general The amendment made by subsection (a) shall apply with respect to monthly insurance benefits payable for any month after December 2014. (2) Recomputation of primary insurance amounts Notwithstanding section 215(f) of the Social Security Act, the Commissioner of Social Security shall recompute primary insurance amounts originally computed for months prior to January 2015 to the extent necessary to carry out the amendments made by this section. 102. Computation of cost-of-living increases (a) In general Section 215(i)(1) of the Social Security Act ( 42 U.S.C. 415(i)(1) ) is amended by adding at the end the following new subparagraph: (H) the term Consumer Price Index means the Consumer Price Index for Elderly Consumers (CPI–E, as published by the Bureau of Labor Statistics of the Department of Labor). . (b) Application to pre-1979 law (1) In general Section 215(i)(1) of the Social Security Act as in effect in December 1978, and as applied in certain cases under the provisions of such Act as in effect after December 1978, is amended by adding at the end the following new subparagraph: (D) the term Consumer Price Index means the Consumer Price Index for Elderly Consumers (CPI–E, as published by the Bureau of Labor Statistics of the Department of Labor). . (2) Conforming change Section 215(i)(4) of the Social Security Act ( 42 U.S.C. 415(i)(4) ) is amended by inserting and by section 102 of the Social Security 2100 Act after 1986 . (c) No effect on adjustments under other laws Section 215(i) of the Social Security Act ( 42 U.S.C. 415(i) ) is amended by adding at the end the following: (6) Any provision of law (other than in this title, title VIII, or title XVI) which provides for adjustment of an amount based on a change in benefit amounts resulting from a determination made under this subsection shall be applied and administered without regard to the amendments made by section 102 of the Social Security 2100 Act . . (d) Publication of Consumer Price Index for Elderly Consumers The Bureau of Labor Statistics of the Department of Labor shall prepare and publish the index authorized by section 191 of the Older Americans Amendments Act of 1987 ( 29 U.S.C. 2 note) for each calendar month, beginning with July of the calendar year following the calendar year in which this Act is enacted, and such index shall be known as the Consumer Price Index for Elderly Consumers . (e) Effective date The amendments made by subsection (a) shall apply to determinations made with respect to cost-of-living computation quarters (as defined in section 215(i)(1)(B) of the Social Security Act ( 42 U.S.C. 415(i)(1)(B) )) ending on or after September 30 of the second calendar year following the calendar year in which this Act is enacted. 103. Increase in minimum benefit for lifetime low earners based on years in the workforce (a) In general Section 215(a)(1) of the Social Security Act ( 42 U.S.C. 415(a)(1) ) is amended— (1) by redesignating subparagraph (D) as subparagraph (E); and (2) by inserting after subparagraph (C) the following new subparagraph: (D) (i) Effective with respect to the benefits of individuals who become eligible for old-age insurance benefits or disability insurance benefits (or die before becoming so eligible) after 2014, no primary insurance amount computed under subparagraph (A) may be less than the greater of— (I) the minimum monthly amount computed under subparagraph (C); or (II) in the case of an individual who has more than 10 years of work (as defined in clause (iv)(I)), the alternative minimum amount determined under clause (ii). (ii) (I) The alternative minimum amount determined under this clause is the applicable percentage of 1/12 of the annual dollar amount determined under clause (iii) for the year in which the amount is determined. (II) For purposes of subclause (I), the applicable percentage is the percentage specified in connection with the number of years of work, as set forth in the following table: If the number of years The applicable of work is: percentage is: 11 6.25 percent 12 12.50 percent 13 18.75 percent 14 25.00 percent 15 31.25 percent 16 37.50 percent 17 43.75 percent 18 50.00 percent 19 56.25 percent 20 62.50 percent 21 68.75 percent 22 75.00 percent 23 81.25 percent 24 87.50 percent 25 93.75 percent 26 100.00 percent 27 106.25 percent 28 112.50 percent 29 118.75 percent 30 or more 125.00 percent. (iii) The annual dollar amount determined under this clause is— (I) for calendar year 2015, the poverty guideline for 2014; and (II) for any calendar year after 2015, the annual dollar amount for 2015 multiplied by the ratio of— (aa) the national average wage index (as defined in section 209(k)(1)) for the second calendar year preceding the calendar year for which the determination is made, to (bb) the national average wage index (as so defined) for 2013. (iv) For purposes of this subparagraph— (I) the term year of work means, with respect to an individual, a year to which 4 quarters of coverage have been credited based on such individual’s wages and self-employment income; and (II) the term poverty guideline for 2014 means the annual poverty guideline for 2014 (as updated annually in the Federal Register by the Department of Health and Human Services under the authority of section 673(2) of the Omnibus Budget Reconciliation Act of 1981) as applicable to a single individual. . (b) Recomputation Notwithstanding section 215(f)(1) of the Social Security Act, the Commissioner of Social Security shall recompute primary insurance amounts originally computed for months prior to November 2014 to the extent necessary to carry out the amendments made by this section. (c) Conforming amendment Section 209(k)(1) of such Act ( 42 U.S.C. 409(k)(1) ) is amended by inserting 215(a)(1)(E), after 215(a)(1)(D), . 104. Increase in threshold amounts and rate for inclusion of social security benefits in income (a) In general Subsection (a) of section 86 of the Internal Revenue Code of 1986 is amended to read as follows: (a) In general Gross income for the taxable year of any taxpayer described in subsection (b) (notwithstanding section 207 of the Social Security Act) includes social security benefits in an amount equal to the lesser of— (1) 85 percent of the social security benefits received during the taxable year, or (2) one-half of the excess described in subsection (b)(1). . (b) Base amount Subsection (c) of section 86 of such Code is amended to read as follows: (c) Base amount For purposes of this section, the term base amount means— (1) except as otherwise provided in this paragraph, $50,000, (2) $100,000 in the case of a joint return, and (3) zero in the case of a taxpayer who— (A) is married as of the close of the taxable year (within the meaning of section 7703) but does not file a joint return for such year, and (B) does not live apart from his spouse at all times during the taxable year. . (c) Hospital Insurance Trust Fund held harmless Section 121(e)(1) of the Social Security Amendments of 1986 ( 42 U.S.C. 401 note) is amended by adding at the end the following new subparagraph: (C) The amounts appropriated to the hospital insurance trust fund by subparagraph (B) shall be determined, and transferred from the general fund, at such times and in such manner so as to replicate, to the extent possible, the appropriations and transfers which would have occurred with respect to such trust fund had subsections (a) and (b) of section 104 of the Social Security 2100 Act not been enacted. . (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2014. II Strengthening the Trust Fund 201. Determination of wages and self-employment income above contribution and benefit base after 2013 (a) Determination of wages above contribution and benefit base after 2014 (1) Amendments to the Internal Revenue Code (A) In general Paragraph (1) of section 3121(a) of the Internal Revenue Code of 1986 is amended by inserting after such calendar year. the following: The preceding sentence shall apply only to calendar years for which the contribution and benefit base (as so determined) is less than $400,000, and, for such calendar years, only to the extent remuneration paid to such employee by such employer with respect to employment does not exceed $400,000. . (B) Conforming amendment Paragraph (1) of section 3121(a) of the Internal Revenue Code of 1986 is amended by striking Act) to and inserting Act), or in excess of $400,000, to . (2) Amendment to the Social Security Act Section 209(a)(1)(I) of the Social Security Act ( 42 U.S.C. 409(a)(1)(I) ) is amended by inserting before the semicolon at the end the following: except that this subparagraph shall apply only to calendar years for which the contribution and benefit base (as so determined) is less than $400,000, and, for such calendar years, only to the extent remuneration paid to such employee by such employer with respect to employment does not exceed $400,000 . (3) Effective date The amendments made by this subsection shall apply with respect to remuneration paid in calendar years after 2014. (b) Determination of self-Employment income above contribution and benefit base after 2014 (1) Amendments to the Internal Revenue Code (A) In general Paragraph (1) of section 1402(b) of the Internal Revenue Code of 1986 is amended to read as follows: (1) in the case of the tax imposed by section 1401(a), an amount equal to— (A) $400,000, reduced (but not below zero) by (B) the sum of— (i) the part of the net earnings from self-employment (if any) which is not in excess of— (I) the amount equal to the contribution and benefit base (as determined under section 230 of the Social Security Act) which is effective for the calendar year in which such taxable year begins, minus (II) the amount of the wages paid to such individual during such taxable year, plus (ii) the amount of the wages paid to such individual during such taxable year which is in excess of the amount in clause (i)(I); or . (B) Phaseout Subsection (b) of section 1402 of the Internal Revenue Code of 1986 is amended by adding at the end the following: Paragraph (1) shall apply only to taxable years beginning in calendar years for which the contribution and benefit base (as determined under section 230 of the Social Security Act) is less than $400,000. . (2) Amendments to the Social Security Act (A) In general Section 211(b)(1) of the Social Security Act ( 42 U.S.C. 411(b) ) is amended— (i) in subparagraph (I)— (I) by inserting and before 2014 after 1974 ; and (II) by striking or at the end; and (ii) by adding at the end the following: (J) For any taxable year beginning in any calendar year after 2014, an amount equal to— (i) $400,000, reduced (but not below zero) by (ii) the sum of— (I) the part of the net earnings from self-employment (if any) which is not in excess of— (aa) the amount equal to the contribution and benefit base (as determined under section 230) which is effective for the calendar year in which such taxable year begins, minus (bb) the amount of the wages paid to such individual during such taxable year, plus (II) the amount of the wages paid to such individual during such taxable year which is in excess of the amount in subclause (I)(aa); or . (B) Phaseout Section 211(b) of the Social Security Act ( 42 U.S.C. 411(b) ) is amended by adding at the end the following: Paragraph (1) shall apply only to taxable years beginning in calendar years for which the contribution and benefit base (as determined under section 230) is less than $400,000. . (3) Effective date The amendments made by this subsection shall apply to net earnings from self-employment derived, and remuneration paid, in calendar years after 2014. 202. Inclusion of earnings over $400,000 in social security benefit formula (a) Inclusion of earnings over $400,000 in determination of primary insurance amounts Section 215(a)(1)(A) of the Social Security Act ( 42 U.S.C. 415(a)(1)(A) ) is amended— (1) in clause (ii), by striking and at the end; (2) in clause (iii), by inserting and at the end; and (3) by inserting after clause (iii) the following: (iv) 2 percent of the individual’s excess average indexed monthly earnings (as defined in subsection (b)(5)(A)). . (b) Definition of excess average indexed monthly earnings Section 215(b) of the Social Security Act ( 42 U.S.C. 415(b) ) is amended— (1) by striking wages and self-employment income each place such terms appear and inserting basic wages and basic self-employment income , respectively; and (2) by adding at the end the following: (5) (A) An individual's excess average indexed monthly earnings shall be equal to the amount of the individual's average indexed monthly earnings that would be determined under this subsection by substituting excess wages for basic wages and excess self-employment income for basic self-employment income each place such terms appear in this subsection (except in this paragraph). (B) For purposes of this subsection— (i) the term basic wages means that portion of the wages of an individual paid in a year that does not exceed the contribution and benefit base for the year; (ii) the term basic self-employment income means that portion of the self-employment income of an individual credited to a year that does not exceed an amount equal to the contribution and benefit base for the year minus the amount of the wages paid to the individual in the year; (iii) the term excess wages means that portion of the wages of an individual paid in a year after 2013 in excess of the higher of $400,000 or the contribution and benefit base for the year; and (iv) the term excess self-employment income means that portion of the self-employment income of an individual credited to a year after 2014 in excess of the higher of $400,000 or such contribution and benefit base. . (c) Conforming amendment Section 215(e)(1) of the Social Security Act ( 42 U.S.C. 415(e)(1) ) is amended by inserting and before 2015 after 1974 . (d) Effective date The amendments made by this section shall apply with respect to individuals who initially become eligible (within the meaning of section 215(a)(3)(B) of the Social Security Act) for old-age or disability insurance benefits under title II of the Social Security Act, or who die (before becoming eligible for such benefits), in any calendar year after 2014. 203. Increase in Social Security tax rate (a) Tax on Employees The table in subsection (a) of section 3101 of the Internal Revenue Code of 1986 is amended to read as follows: In cases of wages The rate of tax received during: shall be: 1990 or any calendar year before 2018 6.20 percent 2018 6.25 percent 2019 6.30 percent 2020 6.35 percent 2021 6.40 percent 2022 6.45 percent 2023 6.50 percent 2024 6.55 percent 2025 6.60 percent 2026 6.65 percent 2027 6.70 percent 2028 6.75 percent 2029 6.80 percent 2030 6.85 percent 2031 6.90 percent 2032 6.95 percent 2033 7.00 percent 2034 7.05 percent 2035 7.10 percent 2036 7.15 percent 2037 or thereafter 7.20 percent. . (b) Tax on Employers The table in subsection (a) of section 3111 of the Internal Revenue Code of 1986 is amended to read as follows: In cases of wages The rate of tax received during: shall be: 1990 or any calendar year before 2018 6.20 percent 2018 6.25 percent 2019 6.30 percent 2020 6.35 percent 2021 6.40 percent 2022 6.45 percent 2023 6.50 percent 2024 6.55 percent 2025 6.60 percent 2026 6.65 percent 2027 6.70 percent 2028 6.75 percent 2029 6.80 percent 2030 6.85 percent 2031 6.90 percent 2032 6.95 percent 2033 7.00 percent 2034 7.05 percent 2035 7.10 percent 2036 7.15 percent 2037 or thereafter 7.20 percent. . (c) Self-Employment Income The table in subsection (a) of section 1401 of the Internal Revenue Code of 1986 is amended to read as follows: In cases of wages The rate of tax received during: shall be: 1990 or any calendar year before 2018 12.40 percent 2018 12.50 percent 2019 12.60 percent 2020 12.70 percent 2021 12.80 percent 2022 12.90 percent 2023 13.00 percent 2024 13.10 percent 2025 13.20 percent 2026 13.30 percent 2027 13.40 percent 2028 13.50 percent 2029 13.60 percent 2030 13.70 percent 2031 13.80 percent 2032 13.90 percent 2033 14.00 percent 2034 14.10 percent 2035 14.20 percent 2036 14.30 percent 2037 or thereafter 14.40 percent. . (d) Effective date The amendments made by this section shall apply to remuneration received, and taxable years beginning, after December 31, 2014. 204. Investment of the Social Security trust funds (a) In general Section 201(d) of the Social Security Act ( 42 U.S.C. 401(d) ) is amended— (1) by striking It shall be the duty and inserting (1) It shall be the duty ; (2) by striking Such investments may be made only and inserting Except as provided in paragraph (2), such investments may be made only ; and (3) by adding at the end the following: (2) (A) The Independent Social Security Investment Oversight Board shall establish, as provided in section 235(a)— (i) a Common Stock Old-Age Investment Fund in the Federal Old-Age and Survivors Insurance Trust Fund; and (ii) a Common Stock Disability Investment Fund in the Federal Disability Insurance Trust Fund. (B) (i) In any calendar year after 2015 in which the OASDI trust fund ratio (as defined in subsection (l)(3)(B)(iii)) is projected to be below 150 percent in the 75th year after such year, the Managing Trustee shall transfer amounts from the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund into the Common Stock Old-Age Investment Fund or the Common Stock Disability Investment Fund, respectively, in accordance with the policies and requirements set forth in section 714. Amounts so transferred shall be the minimum amounts which would result in a common stock ratio for such year that is 2.5 percentage points greater than the common stock ratio for the previous year, except that the common stock ratio may not exceed 25 percent for any year. (ii) In any calendar year after 2015 in which the OASDI trust fund ratio (as defined in subsection (l)(3)(B)(iii)) is projected to equal or exceed 150 percent in the 75th year after such year, the Managing Trustee shall take appropriate actions to reduce the common stock ratio for such year by the lesser of— (I) the minimum reduction necessary to result in an OASDI trust fund ratio (as so defined) for such year that does not exceed 150 percent in the 75th year after such year; or (II) 2.5 percentage points. (iii) For purposes of this subparagraph, the term common stock ratio means, with respect to a calendar year, the aggregate percentage of the total amounts at the end of such calendar year within each of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund that is maintained in the Common Stock Old-Age Investment Fund or the Common Stock Disability Investment Fund, respectively. . (b) Effective date The amendment made by subsection (a) shall apply with respect to fiscal years beginning on or after October 1, 2015. 205. Rules governing investment of Trust Funds in common stock Title II of the Social Security Act ( 42 U.S.C. 401 et seq. ) is amended by adding at the end the following new section: 235. Investment of Trust Funds in common stock (a) Common stock investment funds (1) Selection of index The Independent Social Security Investment Oversight Board shall select, for purposes of investment of amounts held in a Common Stock Investment Fund, an index which is a commonly recognized index comprised of common stock the aggregate market value of which is a reasonably complete representation of the United States equity markets. (2) Portfolio design Amounts held in a Common Stock Investment Fund shall be invested in a portfolio designed to replicate the performance of the index selected under paragraph (1). The portfolio shall be designed such that, to the extent practicable, the percentage of the balance in such Account that is invested in each stock is the same as the percentage determined by dividing the aggregate market value of all shares of that stock by the aggregate market value of all shares of all stocks included in such index. (b) No voting rights in securities The Independent Social Security Investment Oversight Board and the Managing Trustee of the Trust Funds may not exercise voting rights associated with the ownership of securities by the Trust Funds. (c) Engagement of qualified public accountant (1) In general The Independent Social Security Investment Oversight Board shall annually engage, on behalf of the Trust Funds, an independent qualified public accountant, who shall conduct an examination of all accounts and other books and records maintained in the administration of this section as the public accountant considers necessary to enable the public accountant to make the determination required by paragraph (2). The examination shall be conducted in accordance with generally accepted auditing standards and shall involve such tests of the accounts, books, and records as the public accountant considers necessary. (2) Examination and report The public accountant conducting an examination under paragraph (1) shall determine whether the accounts, books, and records referred to in paragraph (1) have been maintained in conformity with generally accepted accounting principles applied on a basis consistent with the manner in which such principles were applied during the examination conducted under paragraph (1) during each preceding year. The public accountant shall transmit to the Board, the Comptroller General of the United States, and each House of the Congress a report on his examination, including his determination under this paragraph. The Board shall make publicly available, by posting on the Internet and such other means as the Board may determine, each report received under the preceding sentence. (3) Definition For the purposes of this subsection, the term qualified public accountant shall have the same meaning as is provided in section 103(a)(3)(D) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1023(a)(3)(D) ). (d) Fiduciary responsibilities (1) In general Under regulations of the Secretary of Labor, the provisions of sections 8477 and 8478 of title 5, United States Code, shall apply in connection with the amounts maintained in a Common Stock Investment Fund in the same manner and to the same extent as such provisions apply in connection with the Thrift Savings Fund. (2) Investigative authority Any authority available to the Secretary of Labor under section 504 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1134 ) is hereby made available to the Secretary of Labor, and any officer designated by the Secretary of Labor, to determine whether any person has violated, or is about to violate, any provision applicable under paragraph (1). (3) Exculpatory provisions; insurance (A) In general Any provision in an agreement or instrument which purports to relieve a fiduciary from responsibility or liability for any responsibility, obligation, or duty under this section shall be void. (B) Insurance Amounts held in the Trust Funds available for administrative expenses shall be available and may be used at the discretion of the Independent Social Security Investment Oversight Board to purchase insurance to cover potential liability of persons who serve in a fiduciary capacity with respect to amounts maintained in a Common Stock Investment Fund, without regard to whether a policy of insurance permits recourse by the insurer against the fiduciary in the case of a breach of a fiduciary obligation. (e) Definition of Common Stock Investment Fund In this section, the term Common Stock Investment Fund means the Common Stock Old-Age Investment Fund of the Federal Old-Age and Survivors Insurance Trust Fund and the Common Stock Disability Investment Fund of the Federal Disability Insurance Trust Fund. . 206. Establishment of Independent Social Security Investment Oversight Board Title VII of the Social Security Act ( 42 U.S.C. 901 et seq. ) is amended by adding at the end the following: 714. Independent Social Security Investment Oversight Board (a) There is established in the Social Security Administration an Independent Social Security Investment Oversight Board. (b) The Board shall be composed of a Chairman and four additional members. The Chairman and each additional member shall be appointed by the President, by and with the advice and consent of the Senate. (c) Members of the Board shall have substantial experience, training, and expertise in the management of financial investments and service in a fiduciary capacity. (d) (1) A member of the Board shall be appointed for a term of 10 years, except that of the members first appointed— (A) the member appointed as Chairman shall be appointed for a term of 10 years; (B) one member shall be appointed for a term of 8 years; (C) one member shall be appointed for a term of 6 years; (D) one member shall be appointed for a term of 4 years; and (E) one member shall be appointed for a term of 2 years, as designated by the President at the time of appointment. (2) (A) A vacancy on the Board shall be filled in the manner in which the original appointment was made and shall be subject to any conditions which applied with respect to the original appointment. (B) An individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced. (C) The term of any member shall not expire before the date on which the member’s successor takes office. (3) An individual appointed as a member of the Board may be removed from office only pursuant to a finding by the President of neglect of duty or malfeasance in office. (e) The member of the Board designated by the President as Chairman shall serve as Chairman for a term of 4 years (or until the expiration of his term as member of the Board, if earlier). A member serving as Chairman may be reappointed as Chairman. (f) The Board shall— (1) establish policies for the investment and management of the Common Stock Old-Age Investment Fund and the Common Stock Disability Investment Fund described in section 201(d)(2), including policies to provide for— (A) prudent investments suitable for accumulating funds for payment of monthly insurance benefits under title II; and (B) low administrative costs; (2) review bids relating to, and hire managers for, each such Fund; (3) annually review the performance of each such Fund; (4) (A) report annually to the House of Representatives and the Senate and to the President regarding the earnings on such investments; and (B) make each such report publicly available by publication in the Federal Register, posting on the Internet, and such other means as the Board may determine; and (5) review and approve the budget of the Board. (g) (1) The Board may— (A) adopt, alter, and use a seal; (B) establish policies with which the Managing Trustee of the Trust Funds is required to comply under section 201(d)(2); and (C) take such other actions as may be necessary to carry out the functions of the Board. (2) The policies of the Board may not require the Managing Trustee of the Trust Funds to invest or to cause to be invested any sums in such Trust Funds in a specific asset or to dispose of or cause to be disposed of any specific asset of such Trust Funds. (h) (1) The Board shall meet— (A) not less than once during each month; and (B) at additional times at the call of the Chairman. (2) (A) The Board shall perform the functions and exercise the powers of the Board on a majority vote of a quorum of the Board. (B) A vacancy on the Board shall not impair the authority of a quorum of the Board to perform the functions and exercise the powers of the Board. (3) Three members of the Board shall constitute a quorum for the transaction of business. (4) (A) Each member of the Board who is not an officer or employee of the Federal Government shall be compensated at the daily rate of basic pay payable for level IV of the Executive Schedule for each day during which such member is engaged in performing a function of the Board. (B) A member of the Board shall be paid travel, per diem, and other necessary expenses under subchapter I of chapter 57 of title 5, United States Code, while traveling away from such member’s home or regular place of business in the performance of the duties of the Board. (5) The accrued annual leave of any officer or employee of the Federal Government who is a member of the Board shall not be charged for any time used in performing services for the Board. (i) The members of the Board shall discharge their responsibilities solely in the interest of the Trust Funds in connection with investments of amounts in funds under section 201(d)(2). (j) The Board shall prepare and submit to the President, and, at the same time, to the appropriate committees of Congress, an annual budget of the expenses and other items relating to the Board which shall be included as a separate item in the budget required to be transmitted to the Congress under section 1105 of title 31, United States Code. (k) The Board may submit to the President, and, at the same time, shall submit to each House of Congress, any legislative recommendations of the Board relating to any of its functions under this section. (l) There are hereby made available from each of the Trust Funds such sums as are necessary to carry out the provisions of this section and to administer the provisions of section 235, in accordance with certifications which shall be made from time to time by the Board to the Secretary of the Treasury. (m) In this section, the term Trust Funds has the meaning given such term in section 201(c). . 207. Reallocation of payroll tax revenue from the Old-Age and Survivors Insurance Trust Fund to the Federal Disability Insurance Trust Fund (1) Wages Section 201(b)(1) of the Social Security Act ( 42 U.S.C. 401(b)(1) ) is amended by striking and (R) 1.80 per centum of the wages (as so defined) paid after December 31, 1999, and so reported and inserting (R) 1.80 per centum of the wages (as so defined) paid after December 31, 1999, and before January 1, 2015, and so reported, (S) 2.8 per centum of the wages (as so defined) paid after December 31, 2014, and before January 1, 2016, and so reported, (T) 2.4 per centum of the wages (as so defined) paid after December 31, 2015, and before January 1, 2017, and so reported, (U) 2.2 per centum of the wages (as so defined) paid after December 31, 2016, and before January 1, 2020, and so reported, (V) 2.0 per centum of the wages (as so defined) paid after December 31, 2019, and before January 1, 2026, and so reported, and (W) 1.8 per centum of the wages (as so defined) paid after December 31, 2025, and so reported . (2) Self-employment income Section 201(b)(2) of such Act ( 42 U.S.C. 401(b)(2) ) is amended by striking and (R) 1.80 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1999 and inserting (R) 1.80 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1999, and before January 1, 2015, (S) 2.8 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 2014, and before January 1, 2016, (T) 2.4 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 2015, and before January 1, 2017, (U) 2.2 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 2016, and before January 1, 2020, (V) 2.0 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 2019, and before January 1, 2026, and (W) 1.8 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 2025 . (3) Effective date The amendments made by this section shall apply with respect to wages paid after December 31, 2014, and self-employment income for taxable years beginning after such date.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5306ih/xml/BILLS-113hr5306ih.xml
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113-hr-5307
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I 113th CONGRESS 2d Session H. R. 5307 IN THE HOUSE OF REPRESENTATIVES July 31, 2014 Mr. Larson of Connecticut introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Foreign Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Internal Revenue Code of 1986 to reduce carbon pollution in the United States, invest in the Nation’s infrastructure, and cut taxes for working Americans.
1. Short title This Act may be cited as the America’s Energy Security Trust Fund Act of 2014 . 2. Tax on carbon dioxide content of certain substances (a) In general Chapter 38 of the Internal Revenue Code of 1986 (relating to environmental taxes) is amended by adding at the end thereof the following new subchapter: E Tax on carbon dioxide content of certain substances Sec. 4691. Imposition of tax. Sec. 4692. Refunds or credits. Sec. 4693. Border adjustments. Sec. 4694. Definitions and special rules. 4691. Imposition of tax (a) In general There is hereby imposed a tax on any taxable carbon substance sold by the manufacturer, producer, or importer thereof. (b) Amount of tax (1) In general The amount of tax imposed by subsection (a) on any taxable carbon substance shall be the applicable amount per ton of carbon dioxide content of such substance, as determined by the Secretary in consultation with the Secretary of Energy. (2) Fractional part of ton In the case of a fraction of a ton, the tax imposed by subsection (a) shall be the same fraction of the amount of such tax imposed on a whole ton. (3) Applicable amount For purposes of paragraph (1)— (A) Calendar year 2016 The applicable amount for calender year 2016 is $10. (B) Years after 2016 For a calendar year after 2016, the applicable amount is the sum of— (i) the amount in effect under this paragraph for the preceding calendar year, plus (ii) $10. (c) Substance taxed only once No tax shall be imposed by subsection (a) with respect to a taxable carbon substance if the person who would be liable for such tax establishes that a prior tax imposed by such section has been imposed with respect to such product. (d) Exemption for exports (1) Tax-free sales (A) In general No tax shall be imposed under subsection (a) on the sale by the manufacturer or producer of any taxable carbon substance for export or for resale by the purchaser to a second purchaser for export. (B) Proof of export required Rules similar to the rules of section 4221(b) shall apply for purposes of subparagraph (A). (2) Credit or refund where tax paid (A) In general Except as provided in subparagraph (B), if— (i) tax under subsection (a) was paid with respect to any taxable carbon substance, and (ii) (I) such substance was exported by any person, or (II) such substance was used as a material in the manufacture or production of a taxable carbon substance which was exported by any person and which, at the time of export, was a taxable carbon substance, credit or refund (without interest) of such tax shall be allowed or made to the person who paid such tax. (B) Condition to allowance No credit or refund shall be allowed or made under subparagraph (A) unless the person who paid the tax establishes that he— (i) has repaid or agreed to repay the amount of the tax to the person who exported the taxable carbon substance, or (ii) has obtained the written consent of such exporter to the allowance of the credit or the making of the refund. (C) Refunds directly to exporter The Secretary shall provide, in regulations, the circumstances under which a credit or refund (without interest) of the tax under subsection (a) shall be allowed or made to the person who exported the taxable carbon substance, where— (i) the person who paid the tax waives his claim to the amount of such credit or refund, and (ii) the person exporting the taxable carbon substance provides such information as the Secretary may require in such regulations. 4692. Refunds or credits (a) Sequestered carbon Under regulations prescribed by the Secretary, if— (1) a person uses a taxable carbon substance as a feedstock so that the carbon associated with such substance will not be emitted, or (2) a person captures and sequesters the carbon in a taxable carbon substance, then an amount equal to the amount of tax in effect under section 4691(b) with respect to such substance for the calendar year in which such use begins shall be allowed as a credit or refund (without interest) to such person in the same manner as if it were an overpayment of tax imposed by section 4691. (b) Previously taxed carbon substances used To make another taxable carbon substance Under regulations prescribed by the Secretary, if— (1) a tax under section 4691 was paid with respect to any taxable carbon substance, and (2) such substance was used by any person in the manufacture or production of any other substance which is a taxable carbon substance, then an amount equal to the tax so paid shall be allowed as a credit or refund (without interest) to such person in the same manner as if it were an overpayment of tax imposed by subsection (a). In any case to which this paragraph applies, the amount of any such credit or refund shall not exceed the amount of tax imposed by subsection (a) on the other taxable fuel manufactured or produced (or which would have been imposed by such subsection on such other fuel but for subsection (c)). 4693. Border adjustments (a) Imports The Secretary shall impose a carbon equivalency fee on imports of carbon-intensive goods that shall be equivalent to the cost that domestic producers of comparable carbon-intensive goods incur as a result of— (1) taxes paid by manufacturers, producers, and importers of taxable carbon substances under this section, and (2) carbon equivalency fees paid by importers of carbon intensive goods used in the production of the comparable carbon intensive goods in question. (b) Exports Notwithstanding the limitations of section 4692, the Secretary shall allow as a credit or refund (without interest) to the exporter of a carbon-intensive good produced in the United States in the same manner as if it were an overpayment of tax imposed by section 4691 an amount equivalent to the cost that domestic producers of such carbon intensive goods incur as a result of— (1) taxes paid by manufacturers, producers, and importers of taxable carbon substances under this section, and (2) carbon equivalency fees paid by importers of carbon intensive goods used in the production of the comparable carbon intensive goods in question. (c) Expiration This section shall cease to have effect at such time as and to the extent that— (1) (A) an international agreement requiring countries that emit greenhouse gases and produce carbon intensive goods for international markets to adopt equivalent measures comes into effect, or (B) the country of export has implemented equivalent measures, and (2) the actions provided for by subsections (a) and (b) are no longer appropriate. 4694. Definitions and special rules (a) Definitions For purposes of this subchapter— (1) Taxable carbon substance The term taxable carbon substance means— (A) coal (including lignite and peat), (B) petroleum and any petroleum product (as defined in section 4612(a)(3)), and (C) natural gas, which is extracted, manufactured, or produced in the United States or entered into the United States for consumption, use, or warehousing. (2) United States The term United States has the meaning given such term by section 4612(a)(4). (3) Importer The term importer means the person entering the taxable carbon substance for consumption, use, or warehousing. (4) Ton The term ton means metric tons. In the case of any taxable carbon substance which is a gas, the term ton means the amount of such gas in cubic feet which is the equivalent of a metric ton on a molecular weight basis. (5) Carbon-intensive good The term carbon-intensive good means a good that (as identified by the Secretary by rule)— (A) is a primary product, or (B) is a manufactured item in which one or more primary products are inputs and the cost of production of which in the United States is significantly increased by this subchapter. (6) Primary product The term primary product means— (A) iron, steel, steel mill products (including pipe and tube), aluminum, cement, glass (including flat, container, and specialty glass and fiberglass), pulp, paper, chemicals, or industrial ceramics, and (B) any other manufactured product that the Secretary determines— (i) is sold for purposes of further manufacture, and (ii) generates, in the course of the manufacture of the product, direct and indirect greenhouse gas emissions that are comparable (on an emissions-per-dollar of output basis) to emissions generated in the manufacture or production of primary products identified in subparagraph (A). (7) Equivalent measure The term equivalent measure means a tax or other regulatory requirement that imposes a cost on manufacturers of carbon intensive goods located outside the United States approximately equal to the cost imposed by section 4691 on manufacturers of comparable carbon intensive goods located in the United States. (b) Use treated as sale If any person manufactures, produces, or imports any taxable carbon substance and uses such substance, then such person shall be liable for tax under section 4691 in the same manner as if such substance were sold by such person. (c) Special rules for inventory exchanges (1) In general Except as provided in this paragraph, in any case in which a manufacturer, producer, or importer of a taxable carbon substance exchanges such substance as part of an inventory exchange with another person— (A) such exchange shall not be treated as a sale, and (B) such other person shall, for purposes of section 4691, be treated as the manufacturer, producer, or importer of such substance. (2) Registration requirement Paragraph (1) shall not apply to any inventory exchange unless— (A) both parties are registered with the Secretary as manufacturers, producers, or importers of taxable carbon substances, and (B) the person receiving the taxable carbon substance has, at such time as the Secretary may prescribe, notified the manufacturer, producer, or importer of such person’s registration number and the internal revenue district in which such person is registered. (3) Inventory exchange For purposes of this subsection, the term inventory exchange means any exchange in which 2 persons exchange property which is, in the hands of each person, property described in section 1221(a)(1). (d) Regulations The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this subchapter. . (b) Establishment of America’s Energy Security Trust Fund Subchapter A of chapter 98 of such Code (relating to trust fund code) is amended by adding at the end the following: 9512. America’s Energy Security Trust Fund (a) Creation of Trust Fund There is established in the Treasury of the United States a trust fund to be known as America’s Energy Security Trust Fund (referred to in this section as the Trust Fund ), consisting of such amounts as may be appropriated or credited to the Trust Fund as provided in this section or section 9602(b). (b) Transfers to Trust Fund There is hereby appropriated to the Trust Fund an amount equivalent to the increase in revenues received in the Treasury as the result of the tax imposed under section 4691. (c) Distribution of amounts in Trust Fund Amounts in the Trust Fund equivalent to the taxes received in the Treasury under section 4691 for a calendar year shall be available without further appropriation, as follows: (1) First, the affected industry transition assistance amount shall be available for transition assistance to workers in industries negatively affected by the America’s Energy Security Trust Fund Act of 2014 , as determined by the Secretary of the Treasury in consultation with the Secretary of Labor. (2) Second, of the amount remaining after the application of paragraph (1), the Highway Trust Fund shortfall amount shall be available to be transferred to the Highway Trust Fund. For purposes of this paragraph, the term Highway Trust Fund shortfall amount means the amount determined by the Secretary to be equal to the excess of— (A) the sum of the obligations of the United States specified in section 9503(c)(1) plus the amounts to be expended under section 9503(e)(3), over (B) the amounts available in the Highway Trust Fund to meet those obligations and expenditures (determined without regard to this paragraph or section 9503(f)(5)). (3) Third, the amount remaining after the application of paragraph (1) shall be available for payroll tax relief under the rebate paid under section 36C. (d) Affected industry transition assistance amount For purposes of subsection (c)(1), the affected industry transition assistance amount is the amount determined as follows: (1) For calendar year 2016, 1/10 of the amount in the Trust Fund equivalent to the taxes received in the Treasury under section 4691 for calendar year 2016. (2) For calendar year 2017, 9/10 of the amount made available under paragraph (1) for calendar year 2016. (3) For calendar year 2018, 4/5 of the amount made available under paragraph (1) for calendar year 2016. (4) For calendar year 2019, 7/10 of the amount made available under paragraph (1) for calendar year 2016. (5) For calendar year 2020, 3/5 of the amount made available under paragraph (1) for calendar year 2016. (6) For calendar year 2021, ½ of the amount made available under paragraph (1) for calendar year 2016. (7) For calendar year 2022, 2/5 of the amount made available under paragraph (1) for calendar year 2016. (8) For calendar year 2023, 3/10 of the amount made available under paragraph (1) for calendar year 2016. (9) For calendar year 2024, 1/5 of the amount made available under paragraph (1) for calendar year 2016. (10) For calendar year 2025, 1/10 of the amount made available under paragraph (1) for calendar year 2016. (11) For calendar years after 2025, zero. . (c) Transfers to Highway Trust Fund Subsection (f) of section 9503 of the Internal Revenue Code of 1986 is amended by redesignating paragraph (5) as paragraph (7) and by inserting after paragraph (4) the following new paragraph: (5) Additional increase in fund balance There is hereby transferred to the Highway Trust Fund amounts appropriated each year from America’s Energy Security Trust Fund under section 9512(c)(2). Such amounts shall be apportioned to the Highway Account and the Mass Transit Account in accordance with subsection (e)(5). . (d) Clerical amendments (1) The table of subchapters for chapter 38 of such Code is amended by adding at the end thereof the following new item: Subchapter E. Tax on carbon dioxide content of certain substances . (2) The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following: Sec. 9512. America’s Energy Security Trust Fund. . (e) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act. 3. Carbon tax rebate of payroll tax (a) In general Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by inserting after section 36B the following new section: 36C. Carbon tax rebate of payroll tax (a) In general In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the carbon tax rebate. (b) Carbon tax rebate (1) In general For purposes of this section, the term carbon tax rebate means with respect to a taxable year the individual’s share of the amount determined by the Secretary on a per capita basis to be the amount available under section 9512(c)(3) for the calendar year in which or with which the taxable year begins. (2) Determination based on estimates The determination under paragraph (1) shall be made on the basis of estimates by the Secretary, and proper adjustments shall be made in amounts available under section 9512(c)(3) for the succeeding taxable year to the extent prior estimates were in excess of or less than the amounts actually available under such section for the prior taxable year. (c) Limitation based on payroll taxes paid and Social Security benefits (1) In general The amount allowed as a credit under subsection (a) with respect to any individual for a taxable year shall not exceed the greater of— (A) the total amount of taxes paid with respect to such individual for such taxable year under section 1401 and chapters 21 and 22, determined after taking into account any refund under section 31(b) and 6413(c), or (B) 10 percent of the aggregate amount of social security benefits (within the meaning of section 86(d)) received by such individual for the taxable year. (2) Special rule for Social Security benefits received for less than 12 months For purposes of paragraph (1)(B), if Social Security benefits (as so defined) were not received for each month in the taxable year, such benefits shall be annualized by multiplying the Social Security benefits received by 12 and dividing the result by the number of months in such taxable year for which such benefits were received. (d) Denial of credit to dependents No credit shall be allowed under subsection (a) to an individual for such individual’s taxable year if a deduction under section 151 with respect to such individual is allowed to another taxpayer for a taxable year beginning in the calendar year in which such individual’s taxable year begins. . (b) Conforming amendments (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting 36C, after 36B, . (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36C the following new item: Sec. 36C. Carbon tax rebate of payroll tax. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2015. 4. Study of taxation of non-carbon greenhouse gases (a) In general The Secretary of the Treasury, in consultation with the Secretary of Energy shall conduct a study of the best methods to assess and collect tax on non-carbon greenhouse gases similar to the tax imposed by section 4691 of the Internal Revenue Code of 1986 (as added by this Act). (b) Report Not later than 6 months after the date of the enactment of this Act, the Secretary of the Treasury shall submit to the Congress the findings of the report required under subsection (a) together with such legislative recommendations as the Secretary determine appropriate for the assessment and collection of such tax. 5. Sense of Congress It is the sense of Congress that the United States should work proactively under the United Nations Framework Convention on Climate Change and in other appropriate fora to establish binding agreements committing all major greenhouse gas emitting nations and countries with globally competitive producers of carbon intensive goods to contribute equitably to the reduction of global greenhouse gas emissions.
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113-hr-5308
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I 113th CONGRESS 2d Session H. R. 5308 IN THE HOUSE OF REPRESENTATIVES July 31, 2014 Mr. Farenthold introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To prohibit foreign assistance to countries that do not prohibit shark finning in the territorial waters of the country or the importation, sale, possession, or consumption of shark fins obtained as a result of shark finning.
1. Short title This Act may be cited as the Justice Attributed to Wounded Sharks Act or JAWS Act . 2. Prohibition on foreign assistance to countries that do not prohibit shark finning in the territorial waters of the country or the importation, sale, possession, or consumption of shark fins obtained as a result of shark finning (a) In general No funds available to any Federal department or agency may be used to provide assistance to a country if the President determines that the country does not prohibit the following: (1) Shark finning in the territorial waters of the country. (2) The importation, sale, possession, or consumption of shark fins obtained as a result of shark finning. (b) Definition In this section, the term shark finning has the meaning given the term in section 9 of the Shark Finning Prohibition Act (16 U.S.C. 1822 note). (c) Effective date This Act takes effect on the date of the enactment of this Act and applies with respect to funds available to a Federal department or agency beginning on or after the date that is 90 days after such date of enactment.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5308ih/xml/BILLS-113hr5308ih.xml
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113-hr-5309
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I 113th CONGRESS 2d Session H. R. 5309 IN THE HOUSE OF REPRESENTATIVES July 31, 2014 Ms. Bonamici (for herself, Mr. Rohrabacher , Ms. Eddie Bernice Johnson of Texas , Mr. Smith of Texas , Mr. Schrader , and Mr. DeFazio ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To authorize and strengthen the tsunami detection, forecast, warning, research, and mitigation program of the National Oceanic and Atmospheric Administration, and for other purposes.
1. Short title This Act may be cited as the Tsunami Warning, Education, and Research Act of 2014 . 2. References to the Tsunami Warning and Education Act Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Tsunami Warning and Education Act ( 33 U.S.C. 3201 et seq. ). 3. Expansion of purposes of Tsunami Warning and Education Act Section 3 ( 33 U.S.C. 3202 ) is amended— (1) in paragraph (1), by inserting research, after warnings, ; (2) by amending paragraph (2) to read as follows: (2) to enhance and modernize the existing United States Tsunami Warning System to increase the accuracy of forecasts and warnings, to maintain full coverage of tsunami detection assets, and to reduce false alarms; ; (3) by amending paragraph (3) to read as follows: (3) to improve and develop standards and guidelines for mapping, modeling, and assessment efforts to improve tsunami detection, forecasting, warnings, notification, mitigation, resiliency, response, outreach, and recovery; ; (4) by redesignating paragraphs (4), (5), and (6) as paragraphs (5), (6), and (8), respectively; (5) by inserting after paragraph (3) the following: (4) to improve research efforts related to improving tsunami detection, forecasting, warnings, notification, mitigation, resiliency, response, outreach, and recovery; ; (6) in paragraph (5), as so redesignated— (A) by striking and increase and inserting , increase, and develop uniform standards and guidelines for ; and (B) by inserting , including the warning signs of locally generated tsunami after approaching ; (7) in paragraph (6), as so redesignated, by striking , including the Indian Ocean; and and inserting a semicolon; and (8) by inserting after paragraph (6), as so redesignated, the following: (7) to foster resilient communities in the face of tsunami and other coastal hazards; and . 4. Modification of tsunami forecasting and warning program (a) In general Subsection (a) of section 4 ( 33 U.S.C. 3203 ) is amended by striking Atlantic Ocean, Caribbean Sea, and Gulf of Mexico region and inserting Atlantic Ocean region, including the Caribbean Sea and the Gulf of Mexico . (b) Components Subsection (b) of such section 4 is amended— (1) in paragraph (1), by striking established and inserting supported or maintained ; (2) in paragraph (4), by inserting and safeguarding port and harbor operations after communities ; (3) in paragraph (7)— (A) by inserting , including graphical warning products, after warnings ; (B) by inserting , territories, after States ; and (C) by inserting and Wireless Emergency Alerts after Hazards Program ; and (4) in paragraph (8), by inserting and commercial and Federal undersea communications cables after observing technologies . (c) Tsunami warning system Subsection (c) of such section 4 is amended to read as follows: (c) Tsunami warning system The program under this section shall operate a tsunami warning system that— (1) is capable of forecasting tsunami, including forecasting tsunami arrival time and inundation estimates, anywhere in the Pacific and Arctic Ocean regions and providing adequate warnings; (2) is capable of forecasting and providing adequate warnings in areas of the Atlantic Ocean, including the Caribbean Sea and Gulf of Mexico, that are determined— (A) to be geologically active, or to have significant potential for geological activity; and (B) to pose significant risks of tsunami for States along the coastal areas of the Atlantic Ocean, Caribbean Sea, or Gulf of Mexico; and (3) supports other international tsunami forecasting and warning efforts. . (d) Tsunami warning centers Subsection (d) of such section 4 is amended to read as follows: (d) Tsunami warning centers (1) In general The Administrator shall support or maintain centers, as part of the National Centers for Environmental Prediction, to support the tsunami warning system required by subsection (c). The Centers shall include— (A) the National Tsunami Warning Center, located in Alaska, which is primarily responsible for Alaska, the continental United States, and the Caribbean; (B) the Pacific Tsunami Warning Center, located in Hawaii, which is primarily responsible for Hawaii and other areas of the Pacific not covered by the National Center; and (C) any additional forecast and warning centers determined by the National Weather Service to be necessary. (2) Responsibilities The responsibilities of the centers supported or maintained pursuant to paragraph (1) shall include the following: (A) Continuously monitoring data from seismological, deep ocean, coastal sea level, and tidal monitoring stations and other data sources as may be developed and deployed. (B) Evaluating earthquakes, landslides, and volcanic eruptions that have the potential to generate tsunami. (C) Evaluating deep ocean buoy data and tidal monitoring stations for indications of tsunami resulting from earthquakes and other sources. (D) To the extent practicable, utilizing a range of models to predict tsunami arrival times and flooding estimates. (E) Disseminating forecasts and tsunami warning bulletins to Federal, State, and local government officials and the public. (F) Coordinating with the tsunami hazard mitigation program conducted under section 5 to ensure ongoing sharing of information between forecasters and emergency management officials. (G) Making data gathered under this Act and post-warning analyses conducted by the National Weather Service or other relevant Administration offices available to researchers. (3) Fail-safe warning capability The tsunami warning centers supported or maintained pursuant to paragraph (1) shall maintain a fail-safe warning capability and ability to perform back-up duties for each other. (4) Coordination with National Weather Service The National Weather Service shall coordinate with the centers supported or maintained pursuant to paragraph (1) to ensure that regional and local forecast offices— (A) have the technical knowledge and capability to disseminate tsunami warnings for the communities they serve; and (B) leverage connections with local emergency management officials for optimally disseminating tsunami warnings and forecasts. (5) Uniform operating procedures The Administrator shall— (A) develop uniform operational procedures for the centers supported or maintained pursuant to paragraph (1), including the use of software applications, checklists, decision support tools, and tsunami warning products that have been standardized across the program supported under this section; (B) ensure that processes and products of the warning system operated pursuant to subsection (c)— (i) reflect industry best practices; (ii) conform to the maximum extent practicable with internationally recognized standards for information technology; and (iii) conform to the maximum extent practicable with other warning products and practices of the National Weather Service; (C) ensure that future adjustments to operational protocols, processes, and warning products— (i) are made consistently across the warning system operated pursuant to subsection (c); and (ii) are applied in a uniform manner across such warning system; and (D) disseminate guidelines and metrics for evaluating and improving tsunami forecast models. (6) Available resources The Administrator, through the National Weather Service, shall ensure that resources are available to fulfill the obligations of this Act. This includes ensuring supercomputing resources are available to run such computer models as are needed for purposes of the tsunami warning system operated pursuant to subsection (c). . (e) Transfer of technology; maintenance and upgrades Subsection (e) of such section 4 is amended to read as follows: (e) Transfer of technology; maintenance and upgrades In carrying out this section, the Administrator shall— (1) develop requirements for the equipment used to forecast tsunami, including— (A) provisions for multipurpose detection platforms; (B) reliability and performance metrics; and (C) to the maximum extent practicable, requirements for the integration of equipment with other United States and global ocean and coastal observation systems, the global Earth observing system of systems, the global seismic networks, and the Advanced National Seismic System; (2) develop and execute a plan for the transfer of technology from ongoing research conducted as part of the program supported or maintained under section 6 into the program under this section; and (3) ensure that the Administration’s operational tsunami detection equipment is properly maintained. . (f) Federal cooperation Subsection (f) of such section 4 is amended to read as follows: (f) Federal cooperation When deploying and maintaining tsunami detection technologies under the program under this section, the Administrator shall— (1) identify which assets of other Federal agencies are necessary to support such program; and (2) work with each agency identified under paragraph (1)— (A) to acquire the agency’s assistance; and (B) to prioritize the necessary assets. . (g) Unnecessary provisions Such section 4 is further amended by striking subsections (g) through (k). 5. Modification of national tsunami hazard mitigation program (a) In general Section 5 ( 33 U.S.C. 3204 ) is amended by striking subsections (a) through (d) and inserting the following: (a) Program required The Administrator, in consultation with the Administrator of the Federal Emergency Management Agency and the heads of such other agencies as the Administrator considers relevant, shall conduct a community-based tsunami hazard mitigation program to improve tsunami preparedness and resiliency of at-risk areas in the United States and the territories of the United States. (b) Program components The Program conducted pursuant to subsection (a) shall include the following: (1) Technical and financial assistance to coastal States, territories, tribes, and local governments to develop and implement activities under this section. (2) Integration of tsunami preparedness and mitigation programs into ongoing State-based hazard warning, resilience planning, and risk management activities, including predisaster planning, emergency response, evacuation planning, disaster recovery, hazard mitigation, and community development and redevelopment programs in affected areas. (3) Activities to promote the adoption of tsunami resilience, preparedness, warning, and mitigation measures by Federal, State, territorial, tribal, and local governments and nongovernmental entities, including educational and risk communication programs to discourage development in high-risk areas. (4) Activities to support the development of regional tsunami hazard and risk assessments, using inundation models that meet programmatic standards for accuracy. Such regional risk assessments may include the following: (A) The sources, sizes, and histories of tsunami in that region. (B) Inundation models and maps of critical infrastructure and socioeconomic vulnerability in areas subject to tsunami inundation. (C) Maps of evacuation areas and evacuation routes. (D) Evaluations of the size of populations that will require evacuation, including populations with special evacuation needs. (5) Activities to support the development of community-based outreach and education programs to ensure community readiness and resilience, including the following: (A) The development, implementation, and assessment of technical training and public education programs, including education programs that address unique characteristics of distant and near-field tsunami. (B) The development of decision support tools. (C) The incorporation of social science research into community readiness and resilience efforts. (D) The development of evidence-based education guidelines. (6) Dissemination of guidelines and standards for community planning, education, and training products, programs, and tools, including standards for— (A) mapping products; (B) inundation models; and (C) effective emergency exercises. (c) Authorized activities In addition to activities conducted under subsection (b), the program conducted pursuant to subsection (a) may include the following: (1) Multidisciplinary vulnerability assessment research, education, and training to help integrate risk management and resilience objectives with community development planning and policies. (2) Risk management training for local officials and community organizations to enhance understanding and preparedness. (3) Development of practical applications for existing or emerging technologies, such as modeling, remote sensing, geospatial technology, engineering, and observing systems. (4) Risk management, risk assessment, and resilience data and information services, including— (A) access to data and products derived from observing and detection systems; and (B) development and maintenance of new integrated data products to support risk management, risk assessment, and resilience programs. (5) Risk notification systems that coordinate with and build upon existing systems and actively engage decisionmakers, local and State government agencies, business communities, nongovernmental organizations, and the media. (d) No preemption (1) Designation of at-risk areas The establishment of national standards for inundation models under this section shall not prevent States, territories, tribes, and local governments from designating additional areas as being at risk based on knowledge of local conditions. (2) No new regulatory authority Nothing in this Act may be construed as establishing new regulatory authority for any Federal agency. . (b) Report on accreditation of Tsunami R eady program Not later than 180 days after the date of enactment of this Act, the Administrator of the National Oceanic and Atmospheric Administration shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report on which authorities and activities would be needed to have the TsunamiReady program of the National Weather Service accredited by the Emergency Management Accreditation Program. 6. Modification of tsunami research program Section 6 ( 33 U.S.C. 3205 ) is amended— (1) in the matter before paragraph (1), by striking The Administrator shall and all that follows through establish or maintain and inserting the following: (a) In general The Administrator shall, in consultation with such other Federal agencies, State and territorial governments, and academic institutions as the Administrator considers appropriate, the coordinating committee under section 11(b), and the panel under section 8(a), support or maintain ; (2) by striking and assessment for tsunami tracking and numerical forecast modeling. Such research program shall— and inserting the following: “assessment for tsunami tracking and numerical forecast modeling, and standards development. (b) Responsibilities The research program supported or maintained pursuant to subsection (a) shall— ; (3) in subsection (b), as designated by paragraph (2)— (A) by amending paragraph (1) to read as follows: (1) consider other appropriate research to mitigate the impact of tsunami, including the improvement of near-field tsunami detection and forecasting capabilities, which may include use of new generation Deep-ocean Assessment and Reporting of Tsunamis and National Oceanic and Atmospheric Administration supercomputer capacity to develop a rapid tsunami forecast for all United States coastlines; ; (B) in paragraph (3)— (i) by striking include and inserting conduct ; and (ii) by striking and at the end; (C) by redesignating paragraph (4) as paragraph (5); and (D) by inserting after paragraph (3) the following: (4) develop the technical basis for validation of tsunami maps, numerical tsunami models, digital elevation models, and forecasts; and ; and (4) by adding at the end the following: (c) Pilot project The Administrator may, pursuant to subsection (b), develop a pilot project for near-field tsunami forecast development for the Cascadia region along the west coast of the United States using new generation Deep-ocean Assessment and Reporting of Tsunamis, upcoming and existing cable networks, and new National Centers for Environmental Protection modeling capability. . 7. Global tsunami warning and mitigation network Section 7 ( 33 U.S.C. 3206 ) is amended— (1) by amending subsection (a) to read as follows: (a) Support for development of international tsunami warning system The Administrator shall, in coordination with the Secretary of State and in consultation with such other agencies as the Administrator considers relevant, provide technical assistance and training to the Intergovernmental Oceanographic Commission of the United Nations Educational, Scientific, and Cultural Organization, the World Meteorological Organization of the United Nations, and such other international entities as the Administrator considers appropriate, as part of the international efforts to develop a fully functional global tsunami forecast and warning system comprised of regional tsunami warning networks. ; (2) in subsection (b), by striking shall and inserting may ; and (3) in subsection (c)— (A) in paragraph (1), by striking establishing and inserting supporting ; and (B) in paragraph (2)— (i) by striking establish and inserting support ; and (ii) by striking establishing and inserting supporting . 8. Tsunami science and technology advisory panel (a) In general The Act is further amended— (1) by redesignating section 8 ( 33 U.S.C. 3207 ) as section 9; and (2) by inserting after section 7 ( 33 U.S.C. 3206 ) the following: 8. Tsunami Science and Technology Advisory Panel (a) Designation The Administrator shall designate the Ocean Exploration Advisory Working Group within the Science Advisory Board of the Administration to serve as the Tsunami Science and Technology Advisory Panel to provide advice to the Administrator on matters regarding tsunami science, technology, and regional preparedness. (b) Membership (1) Composition The working group designated under subsection (a) shall be composed of no fewer than 7 members selected by the Administrator from among individuals from academia or State agencies who have academic or practical expertise in physical sciences, social sciences, information technology, coastal resilience, emergency management, or such other disciplines as the Administrator considers appropriate. (2) Federal employment No member of the working group designated pursuant to subsection (a) may be a Federal employee. (c) Responsibilities Not less frequently than once every 4 years, the working group designated under subsection (a) shall— (1) review the activities of the Administration, and other Federal activities as appropriate, relating to tsunami research, detection, forecasting, warning, mitigation, resiliency, and preparation; and (2) submit to the Administrator and such others as the Administrator considers appropriate— (A) the findings of the working group with respect to the most recent review conducted pursuant to paragraph (1); and (B) such recommendations for legislative or administrative action as the working group considers appropriate to improve Federal tsunami research, detection, forecasting, warning, mitigation, resiliency, and preparation. (d) Reports to congress Not less frequently than once every 4 years, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Science, Space, and Technology of the House of Representatives a report on the findings and recommendations received by the Administrator under subsection (c)(2). . 9. Report on implementation of Tsunami Warning and Education Act (a) In general Not later than 1 year after the date of the enactment of this Act, the Administrator shall submit to Congress a report on the implementation of the Tsunami Warning and Education Act ( 33 U.S.C. 3201 et seq. ). (b) Elements The report required by subsection (a) shall include the following: (1) A detailed description of the progress made in implementing sections 4(d)(6), 5(b)(6), and 6(b)(4) of the Tsunami Warning and Education Act. (2) A description of the ways that tsunami warnings and warning products issued by the Tsunami Forecasting and Warning Program established under section 4 of the Tsunami Warning and Education Act ( 33 U.S.C. 3203 ) can be standardized and streamlined with warnings and warning products for hurricanes, coastal storms, and other coastal flooding events. 10. Authorization of appropriations Section 9 of the Act, as redesignated by section 8(a)(1) of this Act, is amended to read as follows: 9. Authorization of appropriations There are authorized to be appropriated to the Administrator to carry out this Act $27,000,000 for each of fiscal years 2015 through 2017, of which— (1) not less than 27 percent of the amount appropriated for each fiscal year shall be for activities under the National Tsunami Hazard Mitigation Program under section 5; and (2) not less than 8 percent of the amount appropriated for each fiscal year shall be for the Tsunami Research Program under section 6. . 11. Outreach responsibilities (a) In General The Administrator of the National Oceanic and Atmospheric Administration, in coordination with State and local emergency managers, shall develop and carry out formal outreach activities to improve tsunami education and awareness and foster the development of resilient communities. Outreach activities may include— (1) the development of outreach plans to ensure the close integration of tsunami warning centers supported or maintained pursuant to section 4(d) of the Tsunami Warning and Education Act ( 33 U.S.C. 3203(d) ) with local Weather Forecast Offices of the National Weather Service and emergency managers; (2) working with appropriate local Weather Forecast Offices to ensure they have the technical knowledge and capability to disseminate tsunami warnings to the communities they serve; and (3) evaluating the effectiveness of warnings and of coordination with local Weather Forecast Offices after significant tsunami events. (b) Coordinating committee of the National Tsunami Hazard Mitigation Program (1) In general The Administrator shall convene a coordinating committee to assist the Administrator in the conduct of the program required by section 5(a) of the Tsunami Warning and Education Act ( 33 U.S.C. 3204(a) ). (2) Composition The coordinating committee shall be composed of members from each of the States at risk from tsunami, and any other such representatives as the Administrator considers appropriate to represent Federal, State, tribal, territorial, and local governments. (3) Subcommittees The Administrator may approve the formation of subcommittees to address specific program components or regional issues. (4) Responsibilities The coordinating committee shall— (A) provide feedback on how funds should be prioritized to carry out the program required by section 5(a) of the Tsunami Warning and Education Act ( 33 U.S.C. 3204(a) ); (B) ensure that areas described in section 4(c) of the Tsunami Warning and Education Act (33 U.S.C. 3203(c)) in the United States and its territories have the opportunity to participate in the program; (C) provide recommendations to the Administrator on how to improve and continuously advance the TsunamiReady program, particularly on ways to make communities more tsunami resilient through the use of inundation maps and models and other hazard mitigation practices; and (D) ensure that all components of the program required by section 5(a) of the Tsunami Warning and Education Act ( 33 U.S.C. 3204(a) ) are integrated with ongoing State-based hazard warning, risk management, and resilience activities, including— (i) integrating activities with emergency response plans, disaster recovery, hazard mitigation, and community development programs in affected areas; and (ii) integrating information to assist in tsunami evacuation route planning.
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113-hr-5310
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I 113th CONGRESS 2d Session H. R. 5310 IN THE HOUSE OF REPRESENTATIVES July 31, 2014 Mr. Gary G. Miller of California (for himself and Mrs. Carolyn B. Maloney of New York ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the S.A.F.E. Mortgage Licensing Act of 2008 to specify that courses offered by lenders for their own employees may not satisfy the pre-licensing education or continuing education requirement.
1. Short title This Act may be cited as the Protecting Independence in the Education of Loan Originators Act of 2014 . 2. Limitation on educational courses (a) Pre-Licensing courses Section 1505(c)(3)(A) of the S.A.F.E. Mortgage Licensing Act of 2008 ( 12 U.S.C. 5104(c)(3)(A) ) is amended to read as follows: (A) Limitation To maintain the independence of the approval process— (i) the Nationwide Mortgage Licensing System and Registry shall not directly or indirectly offer pre-licensure educational courses for loan originators; and (ii) no course offered directly or indirectly by a lender for the lender’s own employees shall qualify for purposes of paragraph (1). . (b) Continuing education courses Section 1506(b)(5)(A) of the S.A.F.E. Mortgage Licensing Act of 2008 ( 12 U.S.C. 5105(b)(5)(A) ) is amended to read as follows: (A) Limitation To maintain the independence of the approval process— (i) the Nationwide Mortgage Licensing System and Registry shall not directly or indirectly offer continuing education courses for loan originators; and (ii) no course offered directly or indirectly by a lender for the lender’s own employees shall qualify for purposes of paragraph (1). .
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113-hr-5311
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I 113th CONGRESS 2d Session H. R. 5311 IN THE HOUSE OF REPRESENTATIVES July 31, 2014 Mr. Polis introduced the following bill; which was referred to the Committee on Natural Resources A BILL To designate certain lands in the State of Colorado as components of the National Wilderness Preservation System, to designate the Tenmile Recreation Management Area and Porcupine Gulch Protection Area, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Rocky Mountain Recreation and Wilderness Preservation Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Colorado wilderness additions. Sec. 3. Tenmile Recreation Management Area, White River National Forest, Colorado. Sec. 4. Porcupine Gulch Protection Area, White River National Forest, Colorado. 2. Colorado wilderness additions (a) Designation Section 2(a) of the Colorado Wilderness Act of 1993 ( Public Law 103–77 ; 107 Stat. 756; 16 U.S.C. 1132 note) is amended— (1) in paragraph (18), by striking 1993, and inserting 1993, and certain Federal lands in the White River National Forest which comprise approximately 6,349 acres, as generally depicted as Proposed Ute Pass Wilderness , Proposed Acorn Creek Wilderness , and Proposed Ptarmigan Additions Wilderness on a map entitled Ptarmigan Peak Wilderness Additions Proposal , dated July, 2014, and (2) by adding at the end the following new paragraphs: (22) Holy cross wilderness addition Certain Federal lands in the White River National Forest which comprise approximately 3,942 acres, as generally depicted as Proposed No Name Wilderness on a map entitled Holy Cross Wilderness Addition Proposal , dated July, 2014, and which are incorporated in and shall be deemed to be a part of the Holy Cross Wilderness designated by section 102(a)(5) of Public Law 96–560 (94 Stat. 3266). (23) Hoosier ridge wilderness Certain Federal lands in the White River National Forest which comprise approximately 5,172 acres, as generally depicted on a map entitled Hoosier Ridge Wilderness Proposal , dated July, 2014, and which shall be known as the Hoosier Ridge Wilderness . (24) Tenmile wilderness Certain Federal lands in the White River National Forest which comprise approximately 7,577 acres, as generally depicted as Proposed Tenmile Wilderness on a map entitled Tenmile Proposal , dated July, 2014, and which shall be known as the Tenmile Wilderness . (25) Williams fork wilderness Certain Federal lands in the White River National Forest which comprise approximately 9,338 acres, as generally depicted on a map entitled Proposed Williams Fork Wilderness , dated July, 2014, and which shall be known as the Williams Fork Wilderness . (26) Eagles nest wilderness additions (A) Designation of wilderness Certain Federal lands in the White River National Forest which comprise approximately 7,082 acres, as generally depicted as Proposed Freeman Creek Wilderness and Proposed Spraddle Creek Wilderness on a map entitled Eagles Nest Wilderness Additions Proposal , dated July, 2014, and which are incorporated in and shall be deemed to be a part of the Eagles Nest Wilderness designated by Public Law 94–352 (90 Stat. 870). (B) Potential wilderness (i) Designation In furtherance of the purposes of the Wilderness Act, certain Federal lands in the White River National Forest which comprise approximately 2,338 acres, as generally depicted as Proposed Spraddle Creek Potential Wilderness on a map entitled Eagles Nest Wilderness Additions Proposal , dated July 2014, is designated as a potential wilderness area. (ii) Management Except as provided in clause (iii) and subject to valid existing rights, the potential wilderness area designated by this subparagraph shall be managed in accordance with the Wilderness Act and this Act. (iii) Ecological restoration For purposes of ecological restoration (including any activity necessary to restore the natural ecosystems and water quality and protect watershed values in the potential wilderness area designated by this subparagraph), the Secretary or an authorized third party may use motorized and mechanized transport and equipment in the potential wilderness area until the date on which the potential wilderness area is incorporated into the Eagles Nest Wilderness. (iv) Designation as wilderness The potential wilderness area designated by this subparagraph shall be designated as wilderness and incorporated in and deemed to be a part of the Eagles Nest Wilderness on the earlier of— (I) the date on which the Secretary publishes in the Federal Register notice that the ecological restoration activities identified in clause (iii) have been completed by the Secretary or an authorized third party; or (II) the date that is 10 years after the date of enactment of the Rocky Mountain Recreation and Wilderness Preservation Act . . (b) Effective date Any reference in the Wilderness Act ( 16 U.S.C. 1131 et seq. ) to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act for purposes of administering the Federal lands designated as wilderness by paragraphs (18) and (22) through (26)(A) of section 2(a) of the Colorado Wilderness Act of 1993 ( 16 U.S.C. 1132 note; Public Law 103–77 ), as amended or added by subsection (a). (c) Fire, insects, and diseases As provided in section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d)(1) ), in the case of the Federal lands designated as wilderness by paragraphs (18) and (22) through (26)(A) of section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103–77 ), as amended or added by subsection (a), the Secretary may take any measure that the Secretary determines to be necessary to control fire, insects, and diseases, subject to such terms and conditions as the Secretary determines to be appropriate. (d) Incorporation of acquired land and interests Any land or interest in land that is acquired by the United States within the boundaries of the Federal lands designated as wilderness by paragraphs (18) and (22) through (26)(A) of section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103–77 ), as amended or added by subsection (a), shall— (1) become part of the wilderness area of which the Federal lands are a part; and (2) be managed in accordance with the applicable provisions of this Act and any other applicable laws. (e) Grazing The grazing of livestock on the Federal lands designated as wilderness by paragraphs (18) and (22) through (26)(A) of section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103–77 ), as amended or added by subsection (a), if established before the date of enactment of this Act, shall be permitted to continue subject to such reasonable regulations as are considered necessary by the Secretary, in accordance with section 4(d)(4) of the Wilderness Act ( 16 U.S.C. 1133(d)(4) ). (f) No buffer zones Congress does not intend that the designation by this Act of Federal lands as wilderness in the State of Colorado creates or implies the creation of protective perimeters or buffer zones around any wilderness area. The fact that nonwilderness activities or uses can be seen or heard from within a wilderness area shall not, of itself, preclude such activities or uses up to the boundary of the wilderness area. 3. Tenmile Recreation Management Area, White River National Forest, Colorado (a) Designation Certain Federal land in the White River National Forest in the State of Colorado which comprise approximately 11,417 acres, as generally depicted as Proposed Tenmile Recreation Management Area on a map entitled Tenmile Proposal , dated July 2014, is designated the Tenmile Recreation Management Area (in this section referred to as the Recreation Management Area ). (b) Purposes The purposes of the Recreation Management Area are to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the recreational, scenic, watershed, habitat, and ecological resources of the area. (c) Management (1) In general The Secretary of Agriculture shall manage the Recreation Management Area— (A) in a manner that conserves, protects, and enhances— (i) the purposes of the Recreation Management Area described in subsection (b); and (ii) recreation opportunities, including mountain biking, hiking, fishing, horseback riding, snowshoeing, climbing, skiing, camping, and hunting; and (B) in accordance with— (i) the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1600 et seq. ); (ii) any other applicable laws (including regulations); and (iii) this section. (2) Uses (A) In general The Secretary shall only allow such uses of the Recreation Management Area that the Secretary determines would further the purposes described in subsection (b). (B) Vehicles (i) In general Except as provided in clause (iii), the use of motorized vehicles in the Recreation Management Area shall be limited to those roads, vehicle classes, and periods of use authorized for such use on the date of enactment of this Act. (ii) New or temporary roads Except as provided in clause (iii), no new or temporary roads shall be constructed within the Recreation Management Area. (iii) Exceptions Nothing in clause (i) or (ii) prevents the Secretary from— (I) rerouting or closing an existing road or trail to protect natural resources from degradation, as determined to be appropriate by the Secretary; (II) authorizing the use of motorized vehicles for administrative purposes; (III) constructing temporary roads or permitting the use of motorized vehicles to carry out pre- or post-fire watershed protection projects; (IV) authorizing the use of motorized vehicles to carry out activities associated subsection (g), (h), or (i); and (V) responding to an emergency. (C) Commercial timber (i) In general No projects shall be undertaken for the purpose of harvesting commercial timber within the Recreation Management Area. (ii) Limitation Nothing in clause (i) prevents the Secretary from harvesting or selling merchantable products that are byproducts of activities authorized by this section. (d) Maps and legal descriptions (1) Filing As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal descriptions for the Recreation Management Area. (2) Force of law The map and legal description prepared under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct typographical errors in the maps and legal descriptions. (3) Public availability The map and legal description prepared under paragraph (1) shall be on file and available for public inspection in the appropriate office of the Secretary. (e) Withdrawal Subject to valid rights in existence on the date of enactment of this Act, the Federal land within the Recreation Management Area 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) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (f) Incorporation of acquired land and interests Any land or interest in land that is acquired by the United States within the boundaries of the Recreation Management Area shall— (1) become part of the Recreation Management Area; and (2) be managed in accordance with the applicable provisions of this Act and any other applicable laws. (g) Fire, insects, and diseases The Secretary may take any measure that the Secretary determines to be necessary to prevent, control, and mitigate fire, insects, and diseases, and hazardous fuels, subject to such terms and conditions as the Secretary determines to be appropriate. (h) Water management infrastructure Nothing in this section affects the construction, repair, reconstruction, replacement, operation, maintenance, or renovation of water management infrastructure existing on the date of enactment of this Act or such future infrastructure necessary for the development or exercise of water rights decreed prior to the date of enactment of this Act within the Tenmile Recreation Management Area. (i) Regional transportation projects Nothing in this section precludes the Secretary from authorizing, consistent with applicable laws (including regulations), the use or lease of Federal land within the Recreation Management Area for— (1) regional transportation projects, including highway widening or realignment and construction of multimodal transportation systems; and (2) infrastructure, activities, or safety measures associated with the implementation or utilization of those facilities. (j) Application of law Nothing in this section shall affect the designation of the Federal land within the Recreation Management Area for purposes of section 303 of title 49, United States Code, and section 138 of title 23 United States Code. (k) Permits Nothing in this section alters or limits— (1) a permit held by a ski area or other entity; or (2) the acceptance, review, or implementation of associated activities or facilities proposed or authorized by law or permit outside of the Recreation Management Area. (l) Water The provisions of section 3(e) of the James Peak Wilderness and Protection Area Act (Public Law 107–216; 116 Stat. 1055) shall apply to the Recreation Management Area established by this section. (m) Military activities (1) Colorado national guard use Nothing in this section shall restrict, preclude or otherwise affect the use by the Colorado Army National Guard, a reserve component of the Armed Forces, of the Recreation Management Area for aircraft training, testing, evaluation, emergency response, or other related air operations— (A) in the manner and degree such uses were authorized to occur on the date of the enactment of this Act; or (B) as authorized under future agreements between the Secretary and the Secretary of Defense. (2) military aircraft use Nothing in this section restricts or precludes, or should cause any other Federal regulation to restrict or preclude— (A) low-level overflights of military aircraft; or (B) the designation, modification, or creation of new units of special use airspace, or the establishment of military flight training routes. (n) Fish and wildlife Nothing in this section affects the jurisdiction or responsibilities of the State of Colorado with respect to fish and wildlife in the State. (o) No buffer zones The Recreation Management Area shall not create a protective perimeter or buffer zone around the Recreation Management Area. 4. Porcupine Gulch Protection Area, White River National Forest, Colorado (a) Designation Certain Federal land located in the White River National Forest in the State of Colorado which comprise approximately 5,204 acres, as generally depicted on a map entitled Porcupine Gulch Protection Area Proposal , dated July 2014, is designated the Porcupine Gulch Protection Area (in this section referred to as the Protection Area ). (b) Purposes The purposes of the Protection Area are to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the scenic, roadless, watershed, and ecological resources of the Protection Area. (c) Management (1) In general The Secretary of Agriculture shall manage the Protection Area— (A) in a manner that conserves, protects, and enhances the purposes described in subsection (b); and (B) in accordance with— (i) the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1600 et seq. ); (ii) any other applicable laws (including regulations); and (iii) this section. (2) Uses (A) In general The Secretary shall only allow such uses of the Protection Area that the Secretary determines would further the purposes described in subsection (b). (B) Motorized vehicles (i) In general Except as provided in clause (iii), the use of motorized vehicles and mechanized transport in the Protection Area shall be prohibited. (ii) New or temporary roads Except as provided in clause (iii), no new or temporary roads shall be constructed within the Protection Area. (iii) Exceptions Nothing in clause (i) or (ii) prevents the Secretary from— (I) authorizing the use of motorized vehicles for administrative purposes; (II) constructing temporary roads or permitting the use of motorized vehicles to carry out pre- or post-fire watershed protection projects; (III) authorizing the use of motorized vehicles to carry out activities associated subsection (g) or (h); or (IV) responding to an emergency. (C) Commercial timber (i) In general No projects shall be undertaken for the purpose of harvesting commercial timber within the Protection Area. (ii) Limitation Nothing in clause (i) prevents the Secretary from harvesting or selling merchantable products that are byproducts of activities authorized by this section. (d) Map and legal description (1) Filing As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description for the Protection Area. (2) Force of law The map and legal description prepared under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct typographical errors in the map and legal description. (3) Public availability The map and legal description prepared under paragraph (1) shall be on file and available for public inspection in the appropriate office of the Secretary. (e) Withdrawal Subject to valid rights in existence on the date of enactment of this Act, the Federal land within the Protection Area 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) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (f) Incorporation of acquired land and interests Any land or interest in land that is acquired by the United States within the boundaries of the Protection Area shall— (1) become part of the Protection Area; and (2) be managed in accordance with the applicable provisions of this Act and any other applicable laws. (g) Fire, insects, and diseases The Secretary may take any measure that the Secretary determines to be necessary to prevent, control, and mitigate fire, insects, and diseases and hazardous fuels, subject to such terms and conditions as the Secretary determines to be appropriate. (h) Regional transportation projects Nothing in this section precludes the Secretary from authorizing, consistent with applicable laws (including regulations), the use or lease of Federal land within the Protection Area for— (1) regional transportation projects, including highway widening or realignment and construction of multimodal transportation systems; and (2) infrastructure, activities, or safety measures associated with the implementation or utilization of those facilities. (i) Application of law Nothing in this section shall affect the designation of the Federal land within the Protection Area for purposes of section 303 of title 49, United States Code, and section 138 of title 23 United States Code. (j) Water The provisions of section 3(e) of the James Peak Wilderness and Protection Area Act (Public Law 107–216; 116 Stat. 1055) shall apply to the Protection Area. (k) Military activities (1) Colorado Army National Guard use Nothing in this section shall restrict, preclude or otherwise affect the use by the Colorado Army National Guard, a reserve component of the Armed Forces, of the Protection Area for aircraft training, testing, evaluation, emergency response, or other related air operations— (A) in the manner and degree such uses were authorized to occur on the date of the enactment of this Act; or (B) as authorized under future agreements between the Secretary and the Secretary of Defense. (2) Military aircraft use Nothing in this section restricts or precludes, or should cause any other Federal regulation to restrict or preclude— (A) low-level overflights of military aircraft; or (B) the designation, modification, or creation of new units of special use airspace, or the establishment of military flight training routes. (l) Fish and wildlife Nothing in this section affects the jurisdiction or responsibilities of the State of Colorado with respect to fish and wildlife in the State. (m) No buffer zones The Protection Area shall not create a protective perimeter or buffer zone around the Protection Area.
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113-hr-5312
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I 113th CONGRESS 2d Session H. R. 5312 IN THE HOUSE OF REPRESENTATIVES July 31, 2014 Mr. Price of North Carolina (for himself and Mr. Duncan of Tennessee ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To direct the Administrator of the Federal Aviation Administration to issue regulations to improve the tracking of aircraft in flight, and for other purposes.
1. Short title This Act may be cited as the Safe Aviation and Flight Emergency Tracking Act of 2014 . 2. Improved tracking of aircraft in flight (a) In general Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall issue regulations to ensure that a covered aircraft is equipped with technology that provides for— (1) continuous tracking of information regarding the aircraft during flight, including information regarding the position, altitude, and speed of the aircraft; and (2) the timely and cost effective recovery of the cockpit voice recorder and flight data recorder of the aircraft in the event of a crash or other serious incident. (b) Study of certain technologies In carrying out subsection (a), the Administrator shall investigate at least the following: (1) Automatic dependent surveillance. (2) Automatic deployable flight recorders. (3) Emergency locator transmitters. (4) Satellite navigation and communications. (c) Interim report Not later than 60 days after the date of enactment of this Act, the Administrator shall submit to the Committee on Appropriations and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Appropriations and the Committee on Commerce, Science, and Transportation of the Senate a report specifying technologies the Administrator is considering for inclusion in the regulations required under subsection (a), including a description of costs and benefits associated with each of the technologies. (d) Coordination The Administrator shall work collaboratively with the International Civil Aviation Organization and other relevant stakeholders to develop and implement international standards that improve the tracking of aircraft in flight. (e) Covered aircraft defined In this section, the term covered aircraft means a passenger aircraft— (1) able to carry at least 120 passengers; (2) ordered on or after January 1, 2016; and (3) providing scheduled passenger air transportation (as such term is defined in section 40102(a) of title 49, United States Code).
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113-hr-5313
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I 113th CONGRESS 2d Session H. R. 5313 IN THE HOUSE OF REPRESENTATIVES July 31, 2014 Mr. Sean Patrick Maloney of New York 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 allow sole proprietors and the spouses and domestic partners of sole proprietors to purchase insurance on the small business exchange, and for other purposes.
1. Short title This Act may be cited as the Mom and Pop SHOP Act of 2014 , the Mom and Mom SHOP Act of 2014 , or the Pop and Pop SHOP Act of 2014 . 2. Allowing sole proprietors and their spouses and domestic partners to purchase insurance on the PPACA small business exchange (a) Treating sole proprietors and their spouses and domestic partners as qualified employers in small business exchange Section 1312(f)(2)(A) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18032(f)(2)(A) ) is amended by adding at the end the following new sentence: For purposes of section 1311, the reference to a small employer in the preceding sentence includes an individual (and the spouse or domestic partner of such individual, if any) who owns, or who is a partner in, a trade or business that has no employees and that is not an S corporation (as defined in section 1361(a)(1) of the Internal Revenue Code of 1986). (b) Treating sole proprietors and their spouses and domestic partners as small employers in small business exchange Section 1304(b)(2) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18024(b)(2) ) is amended by adding at the end the following new sentence: For purposes of section 1311, such term also includes an individual (and the spouse or domestic partner of such individual, if any) who owns, or who is a partner in, a trade or business that has no employees and that is not an S corporation (as defined in section 1361(a)(1) of the Internal Revenue Code of 1986). (c) Treating health plans for sole proprietors and their spouses and domestic partners as group health plans in small business exchange Section 1304(a)(3) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18024(a)(3) ) is amended by adding at the end the following new sentence: In determining whether a health plan is a group health plan under the preceding sentence for purposes of section 1311, an individual (and the spouse or domestic partner of such individual, if any) who owns, or who is a partner in, a trade or business shall be considered both an employer and an employee of such trade or business.
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113-hr-5314
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I 113th CONGRESS 2d Session H. R. 5314 IN THE HOUSE OF REPRESENTATIVES July 31, 2014 Mr. Cartwright (for himself, Mr. Blumenauer , Mr. Capuano , Mr. Cole , Mr. Dent , Mr. Doggett , Mr. Grimm , Mr. Hastings of Florida , Mr. Holt , Mr. Honda , Mr. Huffman , Mr. Loebsack , Ms. Pingree of Maine , Mr. Young of Alaska , Ms. Norton , Mr. Peters of California , and Mr. Fitzpatrick ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committee on Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title 31, United States Code, to enhance the Federal Government’s planning and preparation for extreme weather, and the Federal Government’s dissemination of best practices to respond to extreme weather, thereby increasing resiliency, improving regional coordination, and mitigating the financial risk to the Federal Government from such extreme weather.
1. Short title This Act may be cited as the Preparedness and Risk Management for Extreme Weather Patterns Assuring Resilience Act of 2014 or the PREPARE Act of 2014 . 2. Findings The Congress finds the following: (1) For the first time in history, the Government Accountability Office included the need to address extreme weather in its 2013 High Risk List by declaring that this complex, cross-cutting issue presents a significant financial risk to the federal government . (2) The United States has sustained 151 weather-related disasters since 1980 where overall costs reached or exceeded $1 billion, with a total cost exceeding $1 trillion. (3) In 2012, the Federal Government spent nearly $100 billion because of droughts, storms, floods, and forest fires, and the costs of extreme weather in the United States totaled almost 1 percent of the Nation’s gross domestic product. (4) Every dollar spent on hazard mitigation brings a $4 return on investment. (5) The Federal Government has a number of non-permanent efforts underway to address extreme weather, including those outlined in Executive Order 13514, in Executive Order 13653, in Homeland Security Presidential Directive 20, in Presidential Policy Directive 8, and in individual Agency Adaptation Plans. (6) The Hurricane Sandy Rebuilding Task Force recommendations included taking a resiliency approach to planning, design, and rebuilding in order to mitigate impacts of future extreme weather-related events. (7) In order to help communities plan for future extreme weather-related events, the National League of Cities urges the Federal Government to provide financial and technical assistance to help local governments assess vulnerabilities and mitigate such future events and to share best practices and resiliency strategies. 3. Amendments relating to extreme weather resiliency, preparedness, and risk management (a) In general Subtitle VI of title 31, United States Code, is amended by inserting after chapter 97 the following new chapter: 99 Extreme weather resiliency, preparedness, and risk management Subchapter I—Strategic planning for extreme weather resiliency, preparedness, and risk management Sec. 9901. Interagency Council on Extreme Weather Resiliency, Preparedness, and Risk Management. 9902. Agency planning for extreme weather-related risks. Subchapter II—Assistance in Identifying the Best Available Science and Extreme Weather Resiliency, Preparedness, and Risk Management Best Practices 9911. USGCRP Web site. 9912. Adequate funding. Subchapter III—Regional coordination 9921. Inventory. 9922. Meetings. 9923. Progress reports. Subchapter IV—Definitions 9931. Definitions. I Strategic planning for extreme weather resiliency, preparedness, and risk management 9901. Interagency Council on Extreme Weather Resiliency, Preparedness, and Risk Management (a) Establishment The President shall establish a council to be known as the Interagency Council on Extreme Weather Resiliency, Preparedness, and Risk Management . (b) Membership The Interagency Council shall be composed of— (1) the Chairman of the Council on Environmental Quality; (2) the Director of the Office of Science and Technology Policy; (3) the Assistant to the President for Homeland Security and Counterterrorism; (4) the employee of the Office of Management and Budget in the position established under subsection (c)(2), or a designee of such employee; and (5) other members as appointed by the President who are agency representatives at the Assistant Secretary (or equivalent) level or above, including— (A) a representative from— (i) the Department of Transportation; (ii) the Environmental Protection Agency; (iii) the Department of Energy; and (iv) the Department of Homeland Security; and (B) representatives who have policy expertise and policy responsibilities in the areas of— (i) economic policy; (ii) foreign affairs; (iii) defense and intelligence; (iv) homeland security; (v) energy; (vi) environmental protection; (vii) natural resources; (viii) coasts, oceans, rivers, and floodplains; (ix) agriculture; (x) health; (xi) transportation, infrastructure, or housing; (xii) education; (xiii) extreme weather data analysis or meteorological science; (xiv) social science; (xv) strategic planning; and (xvi) other areas the President determines appropriate. (c) Co-Chairpersons (1) In general The Interagency Council shall be co-chaired by the employee of the Office of Management and Budget in the position established under paragraph (2) (or a designee of such employee) and any other member of the Interagency Council that the President may appoint as co-chairperson. (2) Position at the Office of Management and Budget There is established within the Office of Management and Budget a position to— (A) serve as a co-chairperson of the Interagency Council; (B) oversee the Interagency Council’s response to the Government Accountability Office’s recommendations under subsection (f)(5); (C) use the evaluation framework and performance metrics developed pursuant to subsection (f)(6) to evaluate agency progress in meeting the goals and implementing the priorities described in subsection (f)(1)(A); and (D) work to ensure that sufficient resources are available for agencies to— (i) meet the goals and implement the priorities described in subsection (f)(1)(A); and (ii) implement the recommendations developed under subsection (f)(2). (d) Administration The Council on Environmental Quality shall provide administrative support and additional resources, as appropriate, to the Interagency Council to the extent permitted by law and within existing appropriations. The Interagency Council co-chairpersons shall determine the amount of funding and personnel necessary for the Interagency Council to carry out its duties and the amount of funding and personnel each agency represented on the Interagency Council should contribute in order for the Interagency Council to carry out such duties. Agencies shall, upon the request of the co-chairpersons of the Interagency Council, make available personnel, administrative support services, and information to the Interagency Council. (e) Structure (1) Steering committee The co-chairpersons of the Interagency Council shall designate a subset of members of the Interagency Council to serve on a steering committee. Such steering committee shall assist the Interagency Council in determining its priorities and its strategic direction. (2) Working groups The co-chairpersons of the Interagency Council and its steering committee may establish working groups as needed. (f) Duties (1) Goals and priorities (A) In general The Interagency Council shall establish government-wide goals and priorities for extreme weather resiliency, preparedness, and risk management. In establishing such goals and priorities, the Interagency Council shall consider the National Oil and Hazardous Materials Pollution Contingency Plan, agency continuity of operations plans, the National Preparedness Goal, the National Global Change Research Plan, and all relevant provisions of the Government Accountability Office’s High-Risk Series. (B) Incorporation into agency activities In carrying out subparagraph (A), the Interagency Council shall, in order to ensure that information relating to extreme weather resiliency, preparedness, and risk management is incorporated into everyday agency activities— (i) work with agencies to assist such agencies in considering the goals and priorities described in subparagraph (A) in agency strategic, programmatic, and budget planning; and (ii) identify details to be included in agency extreme weather plans. (2) Priority interagency Federal actions The Interagency Council shall develop, recommend, coordinate, and track implementation of priority interagency Federal Government actions related to extreme weather resiliency, preparedness, and risk management. (3) Support regional, State, local, and tribal actions The Interagency Council shall support regional, State, local, and tribal action to assess extreme weather-related vulnerabilities and cost effectively increase extreme weather resiliency, preparedness, and risk management of communities, critical economic sectors, natural and built infrastructure, and natural resources, including by— (A) conducting inventories under section 9921; (B) convening meetings under section 9922; and (C) providing guidance to agencies to produce tools and products that enhance extreme weather resiliency planning and actions, including guidance on how to prioritize funding in order to produce such tools and products. (4) Meteorological and extreme weather science The Interagency Council shall facilitate the integration of meteorological and extreme weather science in the policies and planning of agencies and the private sector, including by— (A) promoting the development of innovative, actionable, and accessible Federal extreme weather resiliency, preparedness, and risk management-related information, data, tools, and examples of successful actions at appropriate scales for decisionmakers; and (B) providing such information, data, tools, and examples to the United States Global Change Research Program to include on the Internet Web site established and maintained pursuant to section 9911. (5) High-risk report recommendations The Interagency Council shall assess the specific recommendations relating to extreme weather in all relevant provisions of the Government Accountability Office’s High-Risk Series, identify the feasibility of revising Federal programs to implement such recommendations, and develop a plan to address such recommendations when feasible. (6) Framework and performance metrics The Interagency Council shall use existing and emerging science to develop— (A) a framework for evaluating the progress and success of extreme weather resiliency, preparedness, and risk management-related efforts that is complementary to any national indicator system developed as part of the National Climate Assessment; and (B) performance metrics that allow tracking of the actions taken and progress made toward meeting the goals and implementing the priorities described in paragraph (1)(A). (7) Recommendations for the CEQ The Interagency Council shall provide recommendations to the Council on Environmental Quality on how to— (A) update agency extreme weather plans; and (B) remove barriers to State and local extreme weather resiliency, preparedness, and risk management, in agency regulations, guidance, and policies. (8) Public input and comment The Interagency Council shall solicit and incorporate public input and comment as appropriate into the decisions of the Interagency Council. (9) Inventory and meetings The Interagency Council shall conduct inventories under section 9921 and convene meetings under section 9922. (10) Definition of extreme weather The Interagency Council shall determine what other weather events (in addition to those described in section 9931(3)) qualify as extreme weather for purposes of this chapter. (11) Other duties The Interagency Council shall carry out any other duties the co-chairpersons of the Interagency Council determine appropriate. (12) Interagency Council Web site The Interagency Council shall establish and maintain an Internet Web site for tracking implementation of agency extreme weather plans, Government-wide goals and priorities described in paragraph (1)(A), and recommendations relating to extreme weather in all relevant provisions of the Government Accountability Office’s High-Risk Series, and shall make such High-Risk Series and the reports submitted under paragraph (13) available on such Web site, as the Council determines appropriate. (13) Annual report Not later than one year after the date of enactment of this chapter, and annually thereafter, the Interagency Council shall submit to Congress, and make available to the United States Global Change Research Program for inclusion in any interim report that supports the National Climate Assessment, and in the National Climate Assessment, a report that— (A) describes how the goals and priorities described in paragraph (1)(A) are being met and implemented using— (i) the performance metrics developed under paragraph (6)(B); and (ii) information on— (I) agency expenditures, broken down by program activity level if practicable, that are directly related to extreme weather resiliency, preparedness, and risk management, including extreme weather resiliency, preparedness, and risk management of Federal facilities; and (II) the effectiveness of such expenditures, along with associated financial impacts and community, infrastructure, and environmental benefits, to the extent such data are available; (B) provides recommendations to enhance the effectiveness of such implementation and sets benchmarks to meet; (C) describes the progress of the regional coordination efforts described in subchapter III; and (D) includes a summary of public comments solicited under paragraph (8) and how the Interagency Council has responded to such comments. (g) Consultation In carrying out paragraphs (2) through (12) of subsection (f), the Interagency Council shall consult with agencies, State, local, and tribal governments, academic and research institutions, and the private and nonprofit sectors. (h) CEQ guidance The Chairman of the Council on Environmental Quality, taking into consideration the recommendations provided by the Interagency Council under subsection (f)(7), shall issue guidance to agencies on— (1) developing agency extreme weather plans; and (2) developing agency regulations, guidance, and policies to remove barriers to State and local extreme weather resiliency, preparedness, and risk management. 9902. Agency planning for extreme weather-related risks (a) Agency Extreme Weather Resiliency, Preparedness, and Risk Management plans (1) Agency submission Not later than 1 year after the date of enactment of this chapter, and every 2 years thereafter, each agency shall submit to the Office of Management and Budget and to the Interagency Council a comprehensive plan that integrates consideration of extreme weather into such agency’s operations and overall mission objectives (hereinafter referred to as an agency extreme weather plan ). (2) Hearing Not later than 1 year after the date of enactment of this chapter, and every 2 years thereafter, the Director of the Office of Management and Budget shall convene an interagency budget crosscut and policy hearing to review and integrate all the agency extreme weather plans and to ensure that such extreme weather plans and the activities of agencies align with the goals and priorities established under section 9901(f)(1)(A). (3) OMB submission The Director of the Office of Management and Budget shall, upon receipt of all agency extreme weather plans in a given year, consolidate, and submit to Congress, such plans. (b) Inclusions Each agency extreme weather plan shall include— (1) identification and assessment of extreme weather-related impacts on, and risks to— (A) the agency’s ability to accomplish its missions, operations, and programs; and (B) State and local entities; (2) identification and assessment of barriers posed by Federal programs the agency administers to State and local extreme weather resiliency, preparedness, and risk management efforts; (3) a description of programs, policies, and plans the agency has already put in place, as well as additional actions the agency will take, to manage extreme weather risks in the near term and build resilience in the short and long term; (4) a description of how the agency will consider the need to improve extreme weather resiliency, preparedness, and risk management, including the costs and benefits of such improvement, with respect to agency suppliers, supply chain, real property investments, and capital equipment purchases, including by updating agency policies for leasing, building upgrades, relocation of existing facilities and equipment, and construction of new facilities; (5) a description of how the agency will support any ongoing or future public/private partnership to improve extreme weather resiliency, preparedness, and risk management, including the cost and benefits of technology improvements, hardening, or rapid restoration; (6) a description of how the agency will contribute to coordinated interagency efforts to support extreme weather resiliency, preparedness, and risk management at all levels of government, including collaborative work across agencies’ regional offices and hubs, and through coordinated development of information, data, and tools, consistent with subchapter III; and (7) any other details identified by the Interagency Council under section 9901(f)(1)(B)(ii). II Assistance in Identifying the Best Available Science and Extreme Weather Resiliency, Preparedness, and Risk Management Best Practices 9911. USGCRP Web site (a) In general The United States Global Change Research Program, in consultation with the Interagency Council, shall designate an agency that participates in such Program to establish and maintain, on behalf of such Program, an Internet Web site that provides timely, actionable, and accessible extreme weather resiliency, preparedness, and risk management-related information. (b) Interagency progress The Web site established under subsection (a) shall identify interagency progress, and propose the next interagency steps, towards responding to threats posed by extreme weather. (c) Best practices The Web site established under subsection (a) shall provide best practices and examples from State, regional, and local decisionmakers in the public and private sectors about how to use extreme-weather-related information in planning and decisionmaking. (d) Interagency Council information and tools The Web site established under subsection (a) shall include the information, data, tools, and examples provided by the Interagency Council pursuant to section 9901(f)(4). (e) Best available meteorological science The Web site established under subsection (a) shall identify best available meteorological science relating to extreme weather resiliency, preparedness, and risk management. (f) Public outreach and education The United States Global Change Research Program shall designate an agency that participates in such Program to conduct outreach and educational activities to inform the public and local and State decisionmakers about the tools and information available on the Web site established under subsection (a). 9912. Adequate funding The Director of the Office of Management and Budget shall work with the United States Global Change Research Program to ensure that adequate funding is requested— (1) for the National Climate Assessment; (2) for the Internet Web site established under section 9911; and (3) to otherwise carry out this chapter. III Regional coordination 9921. Inventory (a) In general Not later than 1 year after the date of enactment of this chapter, and every 2 years thereafter, the Interagency Council, or a working group of such Interagency Council established by the co-chairpersons thereof, shall conduct and publish an inventory of all regional offices, centers, and programs of agencies that are assisting with extreme weather resiliency, preparedness, and risk management efforts at the State or local level, including— (1) the National Oceanic and Atmospheric Administration’s regional programs; (2) the Department of the Interior’s Fish and Wildlife Service Landscape Conservation Cooperatives; (3) the United States Geological Survey’s Climate Science Centers; (4) the Department of Agriculture’s Climate Hubs; (5) the regional offices of— (A) the Environmental Protection Agency; (B) the Federal Emergency Management Agency; (C) the Army Corps of Engineers; and (D) the Forest Service; and (6) such other offices, centers, and programs or other agency efforts as determined appropriate by the Interagency Council. (b) Assistance described An inventory conducted and published under subsection (a) shall include a description of the assistance each agency office, center, or program is providing to assist with extreme weather resiliency, preparedness, and risk management efforts at the State or local level. 9922. Meetings Not later than 6 months after the publication of each inventory under section 9921, the Interagency Council shall convene a meeting of representatives of the offices, centers, and programs included in such inventory to develop plans to coordinate the efforts of such offices, centers, and programs and facilitate efficient services to stakeholders. At such meetings, such representatives shall— (1) share information regarding their office, center, or program’s extreme weather resiliency, preparedness, and risk management efforts; (2) identify opportunities for collaboration and coordination of research agendas, extreme weather assessment activities, vulnerability assessments, data collection and analysis, and planning and implementing extreme weather resiliency, preparedness, and risk management projects; (3) identify extreme weather resiliency, preparedness, and risk management information needs, research gaps, and decision support needs that are not met by any of the offices, centers, or programs included in the inventory under section 9921 and provide for such identification in an agency report submitted to the Interagency Council under section 9923; (4) identify common and complementary goals for extreme weather resiliency, preparedness, and risk management within each region to be prioritized for the coming year and beyond; (5) identify barriers to regional extreme weather resiliency, preparedness, and risk management planning and implementation that can be overcome or minimized through Federal action and specific suggestions for improvement; (6) evaluate progress and jointly develop a strategy for realizing extreme weather resiliency, preparedness, and risk management-related goals, including clearly identified responsibilities by each collaborating regional office, center, or program; and (7) share experiences and best practices in stakeholder engagement and communication, decision support, and science-practice interactions that support the realization of identified extreme weather resiliency, preparedness, and risk management goals. 9923. Progress reports Not later than 90 days after each meeting under section 9922, each agency that participates in such meeting shall submit to the Interagency Council, and make available to the United States Global Change Research Program for inclusion in the National Climate Assessment, a report describing progress in regional coordination and collaboration in aligning Federal resiliency, preparedness, and risk management efforts at the State and local level, and the benefits of such regional coordination and collaboration. IV Definitions 9931. Definitions In this chapter: (1) Agency The term agency means an Executive agency, as defined in section 105 of title 5, United States Code, excluding the Government Accountability Office. (2) Agency extreme weather plan The term agency extreme weather plan means a plan required under section 9902(a). (3) Extreme weather The term extreme weather includes observed or anticipated severe and unseasonable atmospheric conditions, including heavy precipitation, hurricanes, tornadoes and other windstorms (including derechos), extreme heat, extreme cold, sustained temperatures or precipitation that deviate from historical averages, and any other weather event that the Interagency Council determines qualifies as extreme weather. (4) Interagency Council The term Interagency Council means the Interagency Council on Extreme Weather Resiliency, Preparedness, and Risk Management established under section 9901(a). (5) National Climate Assessment The term National Climate Assessment means the assessment required under section 106 of the Global Change Research Act of 1990 (15 U.S.C. 2936). (6) National Global Change Research Plan The term National Global Change Research Plan means the National Global Change Research Plan developed under section 104 of the Global Change Research Act of 1990 ( 15 U.S.C. 2934 ), or any revision thereof. (7) United States Global Change Research Program The term United States Global Change Research Program means the United States Global Change Research Program established under section 103 of the Global Change Research Act of 1990 ( 15 U.S.C. 2933 ). . (b) Clerical amendment The table of chapters at the beginning of subtitle VI of title 31, United States Code, is amended by inserting after the item relating to chapter 97 the following new item: 99. Extreme weather resiliency, preparedness, and risk management 9901 . 4. Requirement to include agency extreme weather plan in agency performance plan (a) Requirement Section 1115(b) of title 31, United States Code, is amended— (1) in paragraph (9), by striking and at the end; (2) in paragraph (10), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new paragraph: (11) describe the most recent agency extreme weather plan, as required under section 9902 of this title. . (b) Agencies covered Section 1115(h)(1) of such title is amended by inserting before the semicolon at the end the following: except that, for purposes of subsection (b)(11), the definition of ‘agency’ in section 9931 of this title shall apply .
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113-hr-5315
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I 113th CONGRESS 2d Session H. R. 5315 IN THE HOUSE OF REPRESENTATIVES July 31, 2014 Mr. Burgess introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To authorize the President to transfer certain military equipment to the Government of Ukraine, and for other purposes.
1. Lease of certain military equipment to the Government of Ukraine (a) In general Notwithstanding any other provision of law limiting the assistance to be provided under this section, the President is authorized to transfer to the Government of Ukraine upon that Government’s request, as appropriate, the following defense articles, services, and training: (1) Anti-tank weapons and ammunition. (2) Anti-aircraft weapons and ammunition. (3) Crew weapons and ammunition. (4) Small arms and ammunition, including pistols, submachine guns, assault rifles, grenade launchers, machine guns, and sniper rifles. (5) Mine Resistant Ambush Protected vehicles. (6) High Mobility Multipurpose Wheeled Vehicles. (7) Inflatable boats. (8) Body armor. (9) Fire control, range finder, optical and guidance and control equipment. (10) Explosive disposal and improvised explosive device detection equipment. (11) Mine detection equipment. (12) Chemical, biological, radiation, and nuclear detection, testing, and protection equipment. (13) 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) Form of transfer of defense articles The transfer of defense articles under subsection (a) shall be on a lease basis under chapter 6 of the Arms Export Control Act ( 22 U.S.C. 2796 et seq. ). (c) Limitation The transfer of defense articles under subsection (a) shall be limited to defense articles that have been removed from Iraq or Afghanistan and otherwise meet the requirements under chapter 6 of the Arms Export Control Act (22 U.S.C. 2796 et seq.) and other applicable provisions of law. 2. Rule of construction Nothing in this Act shall be construed as authorizing the use of military force under the Authorization for Use of Military Force ( Public Law 107–40 ; 50 U.S.C. 1541 note).
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113-hr-5316
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I 113th CONGRESS 2d Session H. R. 5316 IN THE HOUSE OF REPRESENTATIVES July 31, 2014 Mr. Stockman introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committees on Homeland Security , Ways and Means , Armed Services , and 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 secure the border between the United States and Mexico.
1. Short title This Act may be cited as the Safely Exacting Cautious Useful Rules for Immigration This Year (SECURITY) Act . 2. Findings and declaration of policy (a) The Congress finds that: (1) An estimated 11,800,000 aliens reside in the United States in contravention of Federal immigration law. (2) The construction of a double-layered fence along the entire Southern Border reduces illegal immigration, decreases cross-border smuggling, and enables the effective deployment of manpower, as demonstrated by the San Diego sector where a fence was built in 2004. (3) Aliens, such as the El Salvadoran national and MS–13 gang members Kevin Fabricio Claros Cantarero and Julio Martinez, have attempted to use applications for asylum in order to reside in the United States. (4) The closing of Border Patrol stations, such as in June 2011, and failure to deploy the National Guard to assist the Border Patrol, such as during the border crisis of June 2014, impaired the ability of law enforcement to secure the border. (5) The backlog of immigration cases, in which 87 percent of cases where ICE filed Notices to Appear between 2009 to 2014 are still pending in 2014, could be addressed if Congress knew the number of judges needed in immigration courts. (6) Illegal aliens, despite being ineligible, received $4.2 billion in additional child tax credits from the United States Treasury in 2010 by applying with an individual taxpayer identification number. (7) Aliens have been applying for and receiving public benefits from Federal, State, and local governments in substantially burdensome levels, such as $791.6 million covered by California taxpayers in 2013. (b) The Congress further finds and declares that it serves a compelling government interest of the United States to— (1) establish and regularly evaluate the security at United States borders using the same metric; (2) construct a double-layered fence along the entire Southern Border of the United States; (3) provide adequate manpower for enforcement of immigration laws, sufficient judges to address the backlog in immigration courts, and the appropriate number of beds and facilities to meet immigration detention needs; (4) end the release of dangerous criminal aliens and the likelihood of foreign gang members using refugee and asylee status to reside in the United States; and (5) remove incentives for illegal immigration provided by the availability of public benefits. 3. Achieving and maintaining operational control of the border (a) Plan Not later than 180 days of the date of enactment of this Act, the Secretary of Homeland Security shall develop and 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 plan to achieve and maintain operational control of the entire international land and maritime borders of the United States. The Secretary shall begin implementing the plan immediately following its submission. (b) Definition of operational control of the border For purposes of this Act, the term operational control means the prevention of all unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband. Any changes to the definition of operational control as defined in this Act must be approved by Congress. (c) Report and certification (1) Not later than one year after the date of enactment of this Act and annually thereafter, the Secretary 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 progress made toward achieving and maintaining operational control of the entire international land and maritime borders of the United States. Such report shall contain an analysis of the reason why, if any, operational control has not been achieved or maintained, and steps the Department will take to meet its goal of operational control. (2) Within 30 days of receiving the report, the respective committees in subsection (1) must certify whether operational control has been met. (d) Failure To achieve operational control If the Department of Homeland Security fails to achieve or maintain operational control, then twenty-five percent of the Department’s Under Secretary for Management’s budget will be cut and redistributed to Customs and Border Protection to go toward surveillance and interdiction activities. 4. Construction and completion of reinforced double-layered fencing along the southern border (a) Section 564 of division E of the Consolidated Appropriations Act of 2008 ( Public Law 110–161 ) is hereby repealed. (b) Plan The Secretary of Homeland Security shall establish a plan to construct double-layered reinforced fencing as required under section 3 of the Secure Fence Act of 2006 ( Public Law 109–367 ). Such plan must be submitted by the Secretary within 180 days of enactment of this Act to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. The plan shall include annual deadlines to complete a proportion of the total construction of the fence, with the entirety of the fence to be completed no later than 10 years from the date of the submission of the plan. (c) Report Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of Homeland Security shall submit a report on the progress of the fence to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. The report shall include whether planned objectives have been achieved by the Secretary’s proposed deadline, and detailed reasons why such deadline, if any, has not been met. (d) If the Secretary of Homeland Security does not submit a plan or fencing progress reports as required by subsections (b) and (c) of this section, the budget of the Secretary of Homeland Security shall be reduced by twenty-five percent and redistributed to Customs and Border Protection operations along the border where the fence has not yet been constructed. 5. Use of national guard to support department of homeland security border control activities (a) Deployment In addition to the members of the National Guard deployed along the Southern Border as of the date of the enactment of this Act, the Secretary of Defense shall provide for the deployment of not less than an additional 10,000 members of the National Guard to be made available to border State Governors along the Southern Border until the date on which the Secretary of Homeland Security certifies that the Federal Government has achieved operational control of the Southern Border as defined in section 2 of this Act. (1) Additional deployments The Secretary of Defense may exceed the number specified in this section at the request of a Governor of a State along the Southern Border if operational control of the Southern Border has not been achieved. (2) Deployment authorities Members of the National Guard required to be deployed under this section may be deployed under section 502(f) of title 32, United States Code, pursuant to a State border control activities plan approved under section 112a of such title, as added by this section, or pursuant to the order of the Secretary of Defense under any other provision of law. (b) Exemption from end strengths and other limitations Members of the National Guard deployed pursuant to this section shall not be included in the calculation to determine compliance with— (1) limits on end strength; or (2) limits on the number of National Guard personnel that may be placed on active duty for operational support. (c) Federal assistance for state border control activities plans Title 32, United States Code, is amended by adding after section 115, section 116: 116. Assisting S tates in securing the border (a) Funding assistance The Secretary of Defense shall provide funds to the Governor of a State who submits to the Secretary a State border control activities plan satisfying the requirements of subsection (c). Such funds shall be used for the following: (1) The pay, allowances, clothing, subsistence, gratuities, travel, and related expenses, as authorized by State law, of personnel of the National Guard of that State used, while not in Federal service, for the purpose of border control activities. (2) The operation and maintenance of the equipment and facilities of the National Guard of that State used for the purpose of border control activities. (3) The procurement of services and equipment, and the leasing of equipment, for the National Guard of that State used for the purpose of border control activities. However, the use of such funds for the procurement of equipment may not exceed $10,000 per item, unless approval for procurement of equipment in excess of that amount is granted in advance by the Secretary of Defense. (b) Use of personnel performing full-Time National Guard duty (1) Under regulations prescribed by the Secretary of Defense, personnel of the National Guard of a State may, in accordance with the State border control activities plan referred to in subsection (c), be ordered to perform full-time National Guard duty under section 502(f) of this title for the purpose of carrying out border control activities. (2) A member of the National Guard serving full-time National Guard duty under orders authorized under paragraph (1) shall participate in the training required under section 502(a) of this title in addition to the duty performed for the purpose authorized under that paragraph. The pay, allowances, and other benefits of the member while participating in the training shall be the same as those to which the member is entitled while performing duty for the purpose of carrying out border control activities. The member is not entitled to additional pay, allowances, or other benefits for participation in training required under section 502(a)(1) of this title. (3) Appropriations available for the Department of Defense for homeland defense may be used for paying costs associated with a member’s participation in training described in this section. Appropriations available for paying those costs shall be available for making the reimbursements. (c) To ensure that the use of units and personnel of the National Guard of a State pursuant to a State border control activities plan does not degrade the training and readiness of such units and personnel, the following requirements shall apply in determining the border control activities that units and personnel of the National Guard of a State may perform: (1) The performance of the activities may not adversely affect the quality of that training or otherwise interfere with the ability of a member or unit of the National Guard to perform the military functions of the member or unit. (2) National Guard personnel will not degrade their military skills as a result of performing the activities. (3) The performance of the activities will not result in a significant increase in the cost of training. (4) In the case of border control activities performed by a unit organized to serve as a unit, the activities will support valid unit training requirements. (d) Plan requirements A State border control activities plan shall— (1) specify how personnel of the National Guard of that State are to be used in border control activities in support of the mission of the United States Customs and Border Protection of the Department of Homeland Security; (2) certify that those operations are to be conducted at a time when the personnel involved are not in Federal service; (3) certify that participation by National Guard personnel in those operations is service in addition to training required under section 502 of this title; (4) certify that any engineer-type activities (as defined by the Secretary of Defense) under the plan will be performed only by units and members of the National Guard; (5) include a certification by the Attorney General of the State (or, in the case of a State with no position of Attorney General, a civilian official of the State equivalent to a State attorney general) that the use of the National Guard of the State for the activities proposed under the plan is authorized by, and is consistent with, State law; and (6) certify that the Governor of the State or a civilian law enforcement official of the State designated by the Governor has determined that any activities included in the plan that are carried out in conjunction with Federal law enforcement agencies serve a State law enforcement purpose. (e) Examination of plan Before funds are provided to the Governor of a State under this section and before members of the National Guard of that State are ordered to full-time National Guard duty as authorized in subsection (b), the Secretary of Defense shall, in consultation with the Secretary of Homeland Security, examine the adequacy of the plan submitted by the Governor under subsection (c). The plan as approved by the Secretary of Defense may provide for the use of personnel and equipment of the National Guard of that State to assist United States Customs and Border Protection in the transportation of aliens who have violated a Federal immigration law. (f) Annual report The Secretary of Defense shall submit to Congress within 180 days an annual report regarding assistance provided and activities carried out under this section during the preceding fiscal year. The report shall include the following: (1) The number of members of the National Guard deployed along the border. (2) A description of the border control activities conducted by the National Guard along the border. (3) An accounting of the amount of funds provided to each State. (4) A description of the effect on military training and readiness of using units and personnel of the National Guard to perform activities under the State border control activities plans. (g) Statutory construction Nothing in this section shall be construed as a limitation on the authority of any unit of the National Guard of a State, when such unit is not in Federal service, to perform law enforcement functions authorized to be performed by the National Guard by the laws of the State concerned. (h) Border control activities defined The term border control activities , with respect to the National Guard of a State, means the use of National Guard personnel in border control activities authorized by the law of the State and requested by the Governor of the State in support of the mission of the United States Customs and Border Protection of the Department of Homeland Security, including activities as follows: (1) Armed vehicle and foot patrols along the international border between the United States and Mexico. (2) Interdiction of a vehicle, vessel, aircraft or other similar activity. (3) Search, seizure, and detention of suspects. (4) Construction of roads, fences, and vehicle barriers. (5) Search and rescue operations. (6) Intelligence gathering, surveillance, and reconnaissance. (7) Aviation support. . 6. Keeping criminal aliens off of the streets (a) Detention, release, and removal of aliens ordered removed (1) In section 241(a)(1)(A) of the Immigration and Nationality Act, strike Attorney General and insert Secretary of Homeland Security . (2) In section 241(a)(1)(B) of the Immigration and Nationality Act, strike following: and insert following, if the alien is in the custody of the Secretary on the date in question, and if the alien is not yet in the custody of the Secretary, then the removal period will start on the day the alien is taken into custody of the Secretary after the latest of the following: . (3) Strike section 241(a)(1)(C) of the Immigration and Nationality Act, and replace with: (C) Suspension of period The removal period shall be extended beyond a period of 90 days and the alien may remain in detention during such extended period if: (i) The alien fails or refuses to make timely application in good faith for travel or other documents necessary to the alien’s departure or conspires or acts to prevent the alien’s removal subject to an order of removal, or in any other way fails or refuses to fully cooperate with the Secretary of Homeland Security’s efforts to carry out the removal order. (ii) Any court, immigration judge or the Board of Immigration Appeals orders a stay of the alien’s removal. (iii) Another agency takes custody of the alien. . (4) In section 241(a)(1)(2) of the Immigration and Nationality Act, strike Attorney General each time it appears and replace with Secretary of Homeland Security . (5) Strike section 241(a)(3) of the Immigration and Nationality Act and replace with: Supervision after 90-day period If the alien does not leave or is not removed within the removal period, or is not detained pursuant to paragraph (8) of this subsection, the alien pending removal shall be subject to supervision under regulations prescribed by the Secretary of Homeland Security. The regulations shall include provisions: (A) Requiring the alien— (i) to appear before an immigration officer monthly for identification, and to be eligible for placement in detention again if an appearance is missed; (ii) to give information under oath about the alien’s nationality, circumstances, habits, associations, and activities, and other information the Secretary of Homeland Security considers appropriate; and (iii) to obey reasonable restrictions on the alien’s conduct or activities that the Secretary of Homeland Security prescribes for the alien through regulations. (B) The Secretary of Homeland Security must ensure— (i) that the alien’s whereabouts are continually monitored electronically to prevent the alien absconding; (ii) that local law enforcement are notified upon the alien’s settlement in a community of the alien’s arrival and known criminal history; and (iii) that any other reasonable precautions in light of the alien’s circumstances of release are taken for the protection of the community, at the Federal Government’s expense. . (6) In section 241(a)(4) of the Immigration and Nationality Act, strike Attorney General each time it appears and replace with Secretary of Homeland Security . (7) In section 241(a)(6) of the Immigration and Nationality Act, insert following comply with the order of removal , , in accordance with the procedures in paragraph (8) . (8) Insert after paragraph (7): (8) Detention of aliens from countries refusing repatriation The Secretary of Homeland Security shall establish an administrative review process through the rulemaking process, available only to those aliens who are not otherwise subject to mandatory detention, to determine whether and how to release those aliens who have received a final order of removal, and have made all reasonable efforts to comply, including fully cooperating with the Secretary of Homeland Security, but the United States has been unable to return to the alien’s country of origin. (A) The Secretary will have the authority to detain the alien for 90 days beyond the removal period even if this review process is not instituted. (B) At the end of the removal period, the Secretary shall indicate in writing if the review process should be initiated. (C) The first hearing to determine whether the alien should be released shall be held within 90 days after the Secretary indicates the review process shall be initiated. (D) Both the Secretary and the alien shall be able to present evidence during this review process. (E) There will be further hearings every 180 days to determine whether the alien should remain in detention or, if released, be again detained, until the alien is removed from the United States or otherwise leaves the country. (F) During the review process, the alien may continue to be detained, or, if released, shall be detained again, if evidence is presented at the first or subsequent hearing that— (i) there is still any significant likelihood the alien may be removed, (ii) the alien has a highly contagious disease that poses a threat to public safety, (iii) the Secretary of State says release would have adverse foreign policy consequences, (iv) there is reason to believe based on classified information that releasing the alien would threaten the security of the United States, (v) the release of the alien would threaten the safety of the community or any individual, (vi) conditions of release cannot be expected to ensure the safety of the community, (vii) the alien has committed any aggravated felonies as defined in section 101(a)(43)(A) of this Act, or a crime of violence as defined in 16 U.S.C. 18 , or (viii) because of a mental condition the alien is likely to commit a crime of violence or threaten the safety of himself or any other person. (G) The review will allow one administrative appeal of the outcome of the hearing. After the alien has exhausted his administrative remedies, review of the outcome will only be available through habeas corpus proceedings under the U.S. District Court for the District of Columbia. (H) If the review determines that the alien should be released, the Secretary of Homeland Security shall provide notice to the chief law enforcement officers of the State and local jurisdiction in which the alien is released of the identity of the alien and the circumstances which under which he or she was not able to be removed or detained, and will describe what sanctions, if any, have been applied to the alien’s country, if the alien has not been removed because that country has refused to accept the alien. . (b) Strike section 243(d) of the Immigration and Nationality Act ( 8 U.S.C. 1253(d) ) and replace with the following: (d) Sanctions on countries which deny or delay accepting aliens (1) Countries refusing or unreasonably delaying repatriation If a country for more than 60 days after receiving a request from an official of the United States who is authorized to make such a request refuses to accept an alien who is a citizen, national, subject, or resident, that country will be considered to be refusing or unreasonably delaying repatriation. (2) Report (A) Within 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall prepare, publish publicly to the Department of Homeland Security Website, and submit to Congress a report listing for each month the following: (i) The number of aliens without lawful status or presence released from the custody of the Department of Homeland Security with criminal convictions or arrests, including a list of the crimes for which each alien was convicted or arrested, the reason for the release from custody, and the detention status of each alien. (ii) The number of aliens without lawful status or presence that come from a country, which, in the previous six months, refused or unreasonably delaying repatriating its citizens, nationals, subjects, or residents, and will include the total number of aliens from each country that has refused or delayed repatriation, the detention status of each of these aliens, and the criminal record of each of these aliens. (B) Following the first report, the Secretary shall submit subsequent reports annually. If the Secretary of Homeland Security misses the deadline for submitting one of these reports by more than 90 days, any American citizen has a cause of action in the United States District Court against the Secretary to compel the Secretary to publish the late report. (3) Visas Not later than 60 days after the first report has been submitted, and for each report thereafter, the Secretary of State may not issue a visa to any citizen, national, subject, or resident of a country listed in the report. This subsection will apply to the country until a report pursuant to subsection (2) of this section is submitted to Congress or the Secretary of Homeland Security otherwise certifies that the country no longer meets the requirements to be listed in the report, and the country has issued appropriate travel documents to and accepted every alien listed in a report that they have refused. If the State Department should issue a visa to a citizen, national, subject, or resident when it is not legal to do so under this section, that visa shall be null and void under law. If a State Department issues a visa when it is not legal to do so under this section, employees of the State Department shall no longer be eligible for bonuses or salary increases until it has revoked all such unlawful visas and stopped issuing such visas. (4) Trade If a country listed in the report has any favored or preferred status in a trade agreement with the United States, the country will lose that status. This sanction will apply to the country until another report is submitted to Congress or the Secretary of Homeland Security otherwise certifies that the country no longer meets the requirements to be listed in the report, and the country has issued appropriate travel documents to and accepted every alien listed in a report that they have refused. (5) Foreign aid If a country listed in the report receives any money from the United States in foreign aid, the United States will discontinue all such aid. This sanction will apply to the country until another report is submitted to Congress or the Secretary of Homeland Security otherwise certifies that the country no longer meets the requirements to be listed in the report, and the country has issued appropriate travel documents to and accepted every alien listed in a report that they have refused. . (c) Severability If any of the provisions of this Act is held to be invalid for any reason, the remainder of the Act shall not be affected by such holding. 7. Grounds of inadmissibility and deportability for alien gang members (a) Definition of gang member Section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ) is amended by adding at the end the following: (53) (A) The term criminal gang means an ongoing group, club, organization, or association of 5 or more persons that has as one of its primary purposes the commission of 1 or more of the following criminal offenses and the members of which engage, or have engaged within the past 5 years, in a continuing series of such offenses, or that has been designated as a criminal gang by the Secretary of Homeland Security, in consultation with the Attorney General, as meeting these criteria. The offenses described, whether in violation of Federal or State law or foreign law and regardless of whether the offenses occurred before, on, or after the date of the enactment of this paragraph, are the following: (i) A felony drug offense (as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 )). (ii) An offense under section 274 (related to bringing in and harboring certain aliens), section 277 (relating to aiding or assisting certain aliens to enter the United States), or section 278 (relating to importation of alien for immoral purpose). (iii) A crime of violence (as defined in section 16 of title 18, United States Code). (iv) A crime involving obstruction of justice, tampering with or retaliating against a witness, victim, or informant, or burglary. (v) Any conduct punishable under sections 1028 and 1029 of title 18, United States Code (relating to fraud and related activity in connection with identification documents or access devices), sections 1581 through 1594 of such title (relating to peonage, slavery and trafficking in persons), section 1952 of such title (relating to interstate and foreign travel or transportation in aid of racketeering enterprises), section 1956 of such title (relating to the laundering of monetary instruments), section 1957 of such title (relating to engaging in monetary transactions in property derived from specified unlawful activity), or sections 2312 through 2315 of such title (relating to interstate transportation of stolen motor vehicles or stolen property). (vi) A conspiracy to commit an offense described in clauses (i) through (v). (B) Notwithstanding any other provision of law (including any effective date), the term applies regardless of whether the conduct occurred before, on, or after the date of enactment of this paragraph. . (b) Inadmissibility Section 212(a)(2) of such Act ( 8 U.S.C. 1182(a)(2) ), is amended by adding at the end the following: (J) Aliens associated with criminal gangs Any alien is inadmissible who a consular officer, the Secretary of Homeland Security, or the Attorney General knows or has reason to believe— (i) to be or to have been a member of a criminal gang (as defined in section 101(a)(53)); or (ii) to have participated in the activities of a criminal gang (as defined in section 101(a)(53)), knowing or having reason to know that such activities will promote, further, aid, or support the illegal activity of the criminal gang. . (c) Deportability Section 237(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1227(a)(2) ), is amended by adding at the end the following: (G) Aliens associated with criminal gangs Any alien is deportable who the Secretary of Homeland Security or the Attorney General knows or has reason to believe— (i) is or has been a member of a criminal gang (as defined in section 101(a)(53)); or (ii) has participated in the activities of a criminal gang (as so defined), knowing or having reason to know that such activities will promote, further, aid, or support the illegal activity of the criminal gang. . (d) Designation (1) In general The Immigration and Nationality Act ( 8 U.S.C. 1182 ) is amended by inserting after section 219 the following: 220. Designation of Criminal Street Gang (a) Designation The Secretary of Homeland Security, in consultation with the Attorney General and the Secretary of State, may designate a group or association as a criminal street gang if its conduct is described in section 101(a)(53) or if the group or association conduct poses a significant risk that threatens the security and the public safety, national security, homeland security, foreign policy, or economy of the United States. (b) Effective date Designations under subsection (a) shall remain in effect until the designation is revoked after consultation between the Secretary of Homeland Security, the Attorney General, and the Secretary of State or is terminated in accordance with Federal law. The Secretary shall notify the Senate Judiciary Committee and the House Judiciary Committee of any revocation of designation at least 30 days before the revocation takes effect. . (2) Clerical amendment The table of contents for such Act is amended by inserting after the item relating to section 219 the following: Sec. 220. Designation of criminal street gang. . . (e) Mandatory detention (1) In general Section 236(c)(1)(D) of the Immigration and Nationality Act ( 8 U.S.C. 1226(c)(1)(D) ) is amended— (A) by inserting or 212(a)(2)(J), after 212(a)(3)(B) ; and (B) by inserting or 237(a)(2)(G), before 237(a)(4)(B) . (2) Annual report Not later than 180 days after the end of each fiscal year, the Secretary of Homeland Security, after consultation with the Department of Justice, shall submit a report to the Committees on the Judiciary of the House of Representatives and of the Senate on the number of aliens detained under the amendments made by paragraph (1). (f) Asylum claims based on gang affiliation (1) Inapplicability of restriction on removal to certain countries Section 241(b)(3)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1251(b)(3)(B) ) is amended, in the matter preceding clause (i), by inserting who is described in section 212(a)(2)(J)(i) or section 237(a)(2)(G)(i) or who is following to an alien . (2) Ineligibility for asylum Section 208(b)(2)(A) of such Act ( 8 U.S.C. 1158(b)(2)(A) ) is amended— (A) in clause (v), by striking or at the end; (B) by redesignating clause (vi) as clause (vii); and (C) by inserting after clause (v) the following: (vi) the alien is described in section 212(a)(2)(J)(i) or section 237(a)(2)(G)(i) (relating to participation in criminal street gangs); or . (g) Temporary protected status Section 244 of such Act ( 8 U.S.C. 1254a ) is amended— (1) by striking Attorney General each place it appears and inserting Secretary of Homeland Security ; (2) in subparagraph (c)(2)(B), by adding at the end the following: (iii) the alien is, or at any time after admission has been, a member of a criminal gang (as defined in section 101(a)(53)). ; and (3) in subsection (d)— (A) by striking paragraph (3) and redesignating paragraph (4) as paragraph (3); and (B) in paragraph (3), as redesignated, by adding at the end the following: The Secretary of Homeland Security may detain an alien provided temporary protected status under this section whenever appropriate under any other provision of law. . (h) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act. 8. Additional judges (a) Evaluation Not later than 30 days after the enactment of this Act, the Attorney General, in consultation with the Secretary of Homeland Security, shall submit to Congress a report indicating the number, if any, of additional immigration judges that are needed to process the backlog of removal cases. (b) Reporting Following the initial report, the Attorney General, in consultation with the Secretary of Homeland Security, shall thereafter submit a report annually to the Committee on the Judiciary in the Senate and the Committee on the Judiciary in the House, indicating the number of immigration judges needed for the following fiscal year. 9. Additional detention space (a) Additional detention space needed To house unlawful entrants Not later than 30 days of enactment, the Secretary of Homeland Security shall submit to Congress a request for additional beds and detention space needed to hold criminal aliens and aliens without lawful presence or lawful status. (b) Reporting The Secretary of Homeland Security shall submit to Congress annually a report indicating the number, if any, of additional detention beds and detention space needed to hold criminal aliens and aliens without lawful presence or lawful status. (c) Funding Such requests are hereby authorized to be funded. 10. Offsets (a) Closing the additional child tax credit loophole (1) In general Subsection (e) of section 24 of the Internal Revenue Code of 1986 is amended by striking under this section to a taxpayer and all that follows and inserting under this section to any taxpayer unless— (A) such taxpayer includes the taxpayer’s valid identification number (as defined in section 6428(h)(2)) on the return of tax for the taxable year, and (B) with respect to any qualifying child, the taxpayer includes the name and taxpayer identification number of such qualifying child on such return of tax. . (2) Effective date The amendment made by this section shall apply to the first full taxable year and all subsequent years following the date of enactment of this Act. (b) Section 1641 of title 8 of the United States Code is amended by adding (1) Limitation on benefits for previously unlawful aliens (d) Limitation on benefits for previously unlawful aliens Any alien in violation of section 212(a)(6) or section 212(a)(7) of the Immigration and Nationality Act who gains lawful status pursuant to an Act of Congress, or lawful status or lawful presence pursuant to an order or policy directive by the Executive Branch, is hereby not qualified for public benefits under this section. . (2) Effective date This provision shall be effective upon enactment of this Act. (c) Foreign remittance tax (1) In general Section 1073 of Public Law 111–203 is amended by adding: Taxation of Remittances All monetary remittances sent from senders in the United States to recipients in any of the top ten remittance recipient nations shall be taxed at the rate of ten percent (10%) of the transmitted amount, provided however that the transmitters shall not be required to provide to the Internal Revenue Service information with respect to each individual transmission. The top ten remittance recipients are defined as those ten nations with the greatest money transfers from the United States, from reported data required in Public Law 111–203 . . (2) Effective date This provision shall be effective upon enactment of this Act. 11. 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.
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113-hr-5317
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I 113th CONGRESS 2d Session H. R. 5317 IN THE HOUSE OF REPRESENTATIVES July 31, 2014 Mr. Jeffries (for himself and Mr. Capuano ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To make the acquisition, installation, and maintenance of security cameras, safety lighting, and building locking mechanisms in public housing an eligible activity under community development block grant program.
1. Short title This Act may be cited as the P.J.’s Act . 2. Eligible activities Section 105(a) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5305(a) ) is amended— (1) by redesignating paragraphs (16) through (28) as paragraphs (17) through (29), respectively; and (2) by inserting after paragraph (15) the following new paragraph: (16) the acquisition, installation, and maintenance of security cameras, safety lighting, and building locking mechanisms in public housing (as such term is defined in section 3(b)(1) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b)(1) )); .
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113-hr-5318
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I 113th CONGRESS 2d Session H. R. 5318 IN THE HOUSE OF REPRESENTATIVES July 31, 2014 Mr. Gosar (for himself and Mr. Franks of Arizona ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To ensure certain safety measures are utilized in the interest of public health security with respect to labeling and transporting human tissue specimen or collection of specimens into interstate commerce.
1. Short title This Act may be cited as the Label and Transport Tissues Safely Act of 2014 or as the LATTS Act of 2014 . 2. In general (a) Non-Transplant Tissue Bank license (1) Prohibition No person may introduce or deliver for introduction into interstate commerce any human tissue specimen for medical research or education unless— (A) a tissue bank license is in effect for the entity introducing the human tissue specimen into interstate commerce; (B) each package of the human tissue specimen is— (i) labeled with the proper name of the human tissue specimen contained in the package; (ii) the name, address, and applicable license number of the source tissue bank of the human tissue specimen; (iii) unique donor identifier, tissue type, cause of death, serological test results and any known infectious disease agents; (iv) a statement about the mandatory use of personal protective equipment and universal precautions when handling human tissue; and (v) labeled not for transplantation ; and (C) each package of the human tissue specimen is wrapped and packaged in such a manner that— (i) mitigates potential contamination and cross contamination; (ii) mitigates potential safety hazards; (iii) sealed to prevent leakage; and (iv) ensures the integrity of the tissue. (2) Procedures established (A) In general The Secretary of Health and Human Services shall establish, by rule, requirements for the approval, suspension, and revocation of non-transplant tissue bank licenses. (B) Approval The Secretary shall approve a non-transplant tissue bank license application— (i) on the basis of a demonstration that— (I) the human tissue specimen that is the subject of the application is legally donated, properly screened for communicable disease agents, properly labeled, transported, stored and used according to the donor’s donation authorization; and (II) the facility in which the human tissue specimen is donated, recovered, processed, packed, or held meets standards designed to assure that the human tissue specimen does not pose a communicable disease risk to the general public and/or unknown communicable disease risk to; and (ii) if the applicant (or other appropriate person) consents to the inspection of the facility that is the subject of the application, in accordance with subsection (c) of this section. (3) Requirements for exemption The Secretary shall prescribe requirements under which a human tissue specimen shall be exempt from the requirements of paragraph (1). (b) Falsely labeling or marking package or container; altering label or mark No person shall falsely label or mark any package or container of any human tissue specimen or alter any label or mark on the package or container of the biological product so as to falsify the label or mark. (c) Inspection of establishment for propagation and preparation (1) In general Any officer, agent, or employee of the Department of Health and Human Services, authorized by the Secretary for the purpose, may during all reasonable hours enter and inspect any establishment for the propagation or recovery and preparation of any human tissue specimen. (2) Inspection by nationally recognized accrediting bodies Any authorized agent of a nationally recognized accrediting body authorized by the Secretary for the purpose, may during all reasonable hours enter and inspect any establishment for the propagation or recovery and preparation of any human tissue specimen. (3) Rule of construction Nothing in this subsection or Act limits any existing authority of the Attorney General, any State Attorney General or local law enforcement to enter and inspect any establishment for the propagation or recovery and preparation of any human tissue. (d) Recall of specimen presenting imminent hazard; violations (1) Recall Upon a determination that a human tissue specimen or collection of specimens licensed under this section presents an imminent or substantial hazard to the public health, the Secretary shall issue an order immediately ordering the recall of such batch, lot, or other quantity of such product. An order under this paragraph shall be issued in accordance with section 554 of title 5. (2) Violations Any violation of paragraph (1) shall subject the violator to a civil penalty of up to $10,000 per day of violation. The amount of a civil penalty under this paragraph shall, effective December 1 of each year beginning 1 year after the effective date of this paragraph, be increased by the percent change in the Consumer Price Index for the base quarter of such year over the Consumer Price Index for the base quarter of the preceding year, adjusted to the nearest 1/10 of 1 percent. For purposes of this paragraph, the term base quarter , as used with respect to a year, means the calendar quarter ending on September 30 of such year and the price index for a base quarter is the arithmetical mean of such index for the 3 months comprising such quarter. (e) Penalties for offenses Whoever violates any of the provisions of this section shall be imprisoned not more than 1 year, or fined not more than $500, or both. Section 3571 of title 18, United States Code shall not apply to an offense under this subsection. (f) Construction with other laws Nothing contained in this Act shall be construed as in any way affecting, modifying, repealing, or superseding under any existing provisions under current Federal law. (g) Human tissue specimen defined In this section, the term non-transplant tissue specimen means legally donated anatomical segments, cells, collection of cells, bodily fluids, or the complete body that are recovered for medical research and education. The term does not include anything that would qualify as a biological product under the Public Health Service Act.
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113-hr-5319
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I 113th CONGRESS 2d Session H. R. 5319 IN THE HOUSE OF REPRESENTATIVES July 31, 2014 Mr. Hultgren (for himself and Mr. Neal ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to modify certain rules applicable to qualified small issue manufacturing bonds.
1. Short title This Act may be cited as the Modernizing American Manufacturing Bonds Act . 2. Modifications to qualified small issue bonds (a) Manufacturing facilities To include production of intangible property and functionally related facilities Subparagraph (C) of section 144(a)(12) of the Internal Revenue Code of 1986 is amended to read as follows: (C) Manufacturing facility For purposes of this paragraph— (i) In general The term manufacturing facility means any facility which— (I) is used in the manufacturing or production of tangible personal property (including the processing resulting in a change in the condition of such property), (II) is used in the creation or production of intangible property which is described in section 197(d)(1)(C)(iii), or (III) is functionally related and subordinate to a facility described in subclause (I) or (II) if such facility is located on the same site as the facility described in subclause (I) or (II). (ii) Certain facilities included The term manufacturing facility includes facilities that are directly related and ancillary to a manufacturing facility (determined without regard to this clause) if— (I) those facilities are located on the same site as the manufacturing facility, and (II) not more than 25 percent of the net proceeds of the issue are used to provide those facilities. (iii) Limitation on office space A rule similar to the rule of section 142(b)(2) shall apply for purposes of clause (i). (iv) Limitation on refundings for certain property Subclauses (II) and (III) of clause (i) shall not apply to any bond issued on or before the date of the enactment of the Modernizing American Manufacturing Bonds Act , or to any bond issued to refund a bond issued on or before such date (other than a bond to which clause (iii) of this subparagraph (as in effect before the date of the enactment of the Modernizing American Manufacturing Bonds Act applies)), either directly or in a series of refundings. . (b) Increase in limitations Paragraph (4) of section 144(a) of the Internal Revenue Code of 1986 is amended— (1) by striking $10,000,000 in subparagraph (A)(i) and inserting $30,000,000 , and (2) by striking $10,000,000 in the heading and inserting $30,000,000 . (c) Effective date The amendments made by this section shall apply to obligations issued after the date of the enactment of this Act.
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113-hr-5320
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I 113th CONGRESS 2d Session H. R. 5320 IN THE HOUSE OF REPRESENTATIVES July 31, 2014 Mr. Bachus (for himself, Mr. Sessions , and Ms. Moore ) introduced the following bill; which was referred to the Committee on Financial Services , 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 direct the Attorney General to provide State officials with access to criminal history information with respect to certain financial service providers required to undergo State criminal background checks, and for other purposes.
1. Background checks Section 1511(a) of the S.A.F.E. Mortgage Licensing Act of 2008 ( 12 U.S.C. 5110(a) ) is amended— (1) by inserting after State-licensed loan originators the following: , other financial service providers, or related businesses ; and (2) by inserting before the period the following: , other financial service providers, or persons working in related businesses .
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113-hr-5321
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I 113th CONGRESS 2d Session H. R. 5321 IN THE HOUSE OF REPRESENTATIVES July 31, 2014 Mr. Benishek introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to limit rescissions of coverage under health plans in the individual and group market, contingent on the enactment of legislation repealing the Patient Protection and Affordable Care Act, and for other purposes.
1. Short title This Act may be cited as the Protecting Insurance Coverage for Sick Americans Act of 2014 . 2. Prohibition on rescissions (a) Group market Subpart 1 of part A of title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg et seq. ) is amended by adding at the end the following: 2703. Prohibition on rescissions A group health plan and a health insurance issuer offering group health insurance coverage shall not rescind such plan or coverage with respect to an enrollee once the enrollee is covered under such plan or coverage involved, except that this section shall not apply to a covered individual who has performed an act or practice that constitutes fraud or makes an intentional misrepresentation of material fact as prohibited by the terms of the plan or coverage. Such plan or coverage may not be cancelled except with prior notice to the enrollee, and only as permitted under section 2712(b). . (b) Individual market Subpart 1 of part B of title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg–41 et seq. ) is amended by adding at the end the following: 2747. Prohibition on rescissions The provisions of section 2703 shall apply to health insurance coverage offered to individuals by a health insurance issuer in the individual market in the same manner as it applies to health insurance coverage offered by a health insurance issuer in the group market. . (c) Effective date contingent on repeal of PPACA (1) In general Subsections (a) and (b) and the amendments made by such subsections shall take effect upon the enactment of PPACA repeal legislation described in paragraph (2) and such subsections and amendments shall have no force or effect if such PPACA repeal legislation is not enacted. (2) PPACA repeal legislation described For purposes of paragraph (1), PPACA repeal legislation described in this paragraph is legislation that— (A) repeals Public Law 111–148 , and restores or revives the provisions of law amended or repealed, respectively, by such Act as if such Act had not been enacted and without further amendment to such provisions of law; and (B) repeals title I and subtitle B of title II of the Health Care and Education Reconciliation Act of 2010 ( Public Law 111–152 ), and restores or revives the provisions of law amended or repealed, respectively, by such title or subtitle, respectively, as if such title and subtitle had not been enacted and without further amendment to such provisions of law.
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113-hr-5322
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I 113th CONGRESS 2d Session H. R. 5322 IN THE HOUSE OF REPRESENTATIVES July 31, 2014 Mrs. Blackburn (for herself and Mr. Roe of Tennessee ) 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 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 establish the Department of Energy and the Environment, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Consolidate Heavy-handed and Outdated Programs Act of 2014 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Title I—Mission and goals Sec. 101. Mission. Sec. 102. Goals. Sec. 103. Relationship with States. Title II—Establishment of Department Sec. 201. Establishment. Sec. 202. Principal officers. Sec. 203. Assistant Secretaries. Sec. 204. Other officers. Sec. 205. Federal Energy Regulatory Commission. Sec. 206. Energy and Environmental Information Administration. Sec. 207. Comptroller General functions. Sec. 208. Office of Science. Sec. 209. Establishment of policy for National Nuclear Security Administration. Sec. 210. Establishment of security, counterintelligence, and intelligence policies. Sec. 211. Office of Intelligence and Counterintelligence. Sec. 212. Office of Indian Energy Policy and Programs. Title III—Transfer of functions Sec. 301. Transfer of functions. Sec. 302. Power Administrations. Title IV—Federal Energy Regulatory Commission Sec. 401. Appointment and administration. Sec. 402. Jurisdiction of Commission. Sec. 403. Initiation of rulemaking proceedings before Commission. Sec. 404. Referral of other rulemaking proceedings to Commission. Sec. 405. Right of Secretary to intervene in Commission proceedings. Sec. 406. Reorganization. Sec. 407. Access to information. Title V—Administrative procedures and judicial review Sec. 501. Procedures. Sec. 502. Judicial review. Sec. 503. Remedial orders. Sec. 504. Requests for adjustments. Sec. 505. Review and effect. Title VI—Administrative provisions Subtitle A—Personnel provisions Sec. 601. Officers and employees. Sec. 602. Senior positions. Sec. 603. Experts and consultants. Sec. 604. Advisory committees. Subtitle B—General administrative provisions Sec. 611. General authority. Sec. 612. Delegation. Sec. 613. Reorganization. Sec. 614. Rules. Sec. 615. Subpoena. Sec. 616. Contracts. Sec. 617. Acquisition and maintenance of property. Sec. 618. Facilities construction. Sec. 619. Use of facilities. Sec. 620. Field offices. Sec. 621. Copyrights. Sec. 622. Capital fund. Sec. 623. Seal of Department. Sec. 624. Regional energy advisory boards. Sec. 625. Designation of conservation officers. Sec. 626. Annual report. Sec. 627. Transfer of funds. Sec. 628. Guards for Strategic Petroleum Reserve facilities. Sec. 629. Trespass on Strategic Petroleum Reserve facilities. Sec. 630. Annual assessment and report on vulnerability of facilities to terrorist attack. Title VII—Transitional, savings, and conforming provisions Sec. 701. Transfer and allocations of appropriations and personnel. Sec. 702. Effect on personnel. Sec. 703. Agency terminations. Sec. 704. Incidental transfers. Sec. 705. Savings provisions. Sec. 706. Reference. Sec. 707. Presidential authority. Sec. 708. Transition. Sec. 709. Administrative amendments. Sec. 710. Director of Office of Personnel Management report. Sec. 711. Investigations and reports on duplicative programs and activities. Sec. 712. Environmental impact statements. Sec. 713. Conforming amendments. Title VIII—Energy planning Sec. 801. National Energy Policy Plan. Sec. 802. Congressional review. Title IX—Effective date and interim appointments Sec. 901. Effective date. Sec. 902. Interim appointments. 2. Definitions In this Act: (1) Assets The term assets includes contracts, facilities, property, records, unobligated or unexpended balances of appropriations, and other funds or resources (other than personnel). (2) Commission The term Commission means the Federal Energy Regulatory Commission. (3) Department The term Department means the Department of Energy and the Environment. (4) Function The term function includes any authority, power, right, privilege, immunity, program, project, activity, duty, and responsibility. (5) Local government The term local government means— (A) a county, municipality, city, town, township, local public authority, school district, special district, intrastate district, council of governments (regardless of whether the council of governments is incorporated as a nonprofit corporation under State law), regional or interstate government entity, or agency or instrumentality of a local government; (B) an Indian tribe or authorized tribal organization or, in the State of Alaska, a Native village or Alaska Regional Native Corporation; and (C) a rural community, unincorporated town or village, or other public entity. (6) National Laboratory The term National Laboratory has the meaning given the term in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 ). (7) Perform The term perform , with respect to a function, includes— (A) the undertaking, fulfillment, or execution of any duty or obligation; and (B) the exercise of any power, authority, right, or privilege. (8) Personnel The term personnel means officers and employees. (9) Secretary The term Secretary means the Secretary of Energy and the Environment. (10) State The term State means— (A) each of the several States of the United States; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; (D) Guam; (E) American Samoa; (F) the Commonwealth of the Northern Mariana Islands; and (G) any other territory or possession of the United States. (11) United States The term United States , when used in a geographical sense, means— (A) all of the States; and (B) any waters within the jurisdiction of the United States. I Mission and goals 101. Mission The primary mission of the Department is to ensure the security and prosperity of the United States by— (1) protecting human health; (2) safeguarding the natural environment; and (3) addressing the energy, environmental, and nuclear challenges of the United States through transformative science and technology solutions. 102. Goals The goals of the Department are— (1) to catalyze the timely, material, and efficient transformation of the energy system of the United States and secure the leadership of the United States in energy technologies; (2) to maintain a vibrant effort in science and engineering as a cornerstone of the economic prosperity of the United States, with clear leadership in strategic areas; (3) to protect human health and safeguard the natural environment; and (4) to enhance nuclear security through defense, nonproliferation, and environmental efforts. 103. Relationship with States (a) In general If any proposed action by the Department conflicts with the energy or environment plan of any State, the Department shall give due consideration to the needs of the State, and if practicable, attempt to resolve the conflict through consultations with appropriate State officials. (b) State matters Nothing in this Act shall affect the authority of any State over matters exclusively within the jurisdiction of the State. II Establishment of Department 201. Establishment (a) Establishment There is established at the seat of government an executive department to be known as the Department of Energy and the Environment. (b) Secretary There shall be at the head of the Department a Secretary of Energy and the Environment, who shall be appointed by the President by and with the advice and consent of the Senate. (c) Administration The Department shall be administered, in accordance with this Act, under the supervision and direction of the Secretary. 202. Principal officers (a) Deputy Secretary (1) In general There shall be in the Department a Deputy Secretary, who shall be appointed by the President, by and with the advice and consent of the Senate. (2) Duties The Deputy Secretary shall act for and exercise the functions of the Secretary during the absence or disability of the Secretary or in the event the office of Secretary becomes vacant. (3) Order of succession The Secretary shall designate the order in which the Under Secretaries and other officials shall act for and perform the functions of the Secretary during the absence or disability of both the Secretary and Deputy Secretary or in the event of vacancies in both of those offices. (b) Under Secretary of Environment (1) In general There shall be in the Department an Under Secretary of Environment, who shall be appointed by the President, by and with the advice and consent of the Senate. (2) Duties The Under Secretary of Environment shall perform such functions and duties as the Secretary shall prescribe, consistent with this Act. (c) Under Secretary of Nuclear Security (1) In general There shall be in the Department an Under Secretary of Nuclear Security, who shall be appointed by the President, by and with the advice and consent of the Senate. (2) Qualifications The Under Secretary of Nuclear Security shall be appointed from among individuals who— (A) have extensive backgrounds in national security, organizational management, and appropriate technical fields; and (B) are well qualified to manage the nuclear weapons, nonproliferation, and materials disposition programs of the National Nuclear Security Administration in a manner that advances and protects the national security of the United States. (3) Administrator of Nuclear Security (A) In general The Under Secretary of Nuclear Security shall serve as the Administrator of Nuclear Security under section 3212 of the National Nuclear Security Administration Act (50 U.S.C. 2402). (B) Functions (i) In general In carrying out the functions of the Administrator, the Under Secretary shall be subject to the authority, direction, and control of the Secretary. (ii) Delegation The authority, direction, and control of the Secretary may be delegated only to the Deputy Secretary of Energy and the Environment, without redelegation. (d) Under Secretary of Science (1) In general There shall be in the Department an Under Secretary of Science, who shall be appointed by the President, by and with the advice and consent of the Senate. (2) Qualifications The Under Secretary of Science shall be appointed from among individuals who— (A) have extensive background in scientific or engineering fields; and (B) are well qualified to manage the civilian research and development programs of the Department. (3) Duties The Under Secretary of Science shall— (A) serve as the Science and Technology Advisor to the Secretary; (B) monitor the research and development programs of the Department in order to advise the Secretary with respect to any undesirable duplication or gaps in the programs; (C) advise the Secretary with respect to the well-being and management of the multipurpose laboratories under the jurisdiction of the Department; (D) advise the Secretary with respect to education and training activities required for effective short- and long-term basic and applied research activities of the Department; (E) advise the Secretary with respect to grants and other forms of financial assistance required for effective short- and long-term basic and applied research activities of the Department; (F) advise the Secretary with respect to long-term planning, coordination, and development of a strategic framework for Department research and development activities; and (G) carry out such additional duties that the Secretary assigns to the Under Secretary relating to basic and applied research, including supervision or support of research activities carried out by any of the Assistant Secretaries designated by section 203, as the Secretary determines appropriate. (e) Under Secretary of Energy (1) In general There shall be in the Department an Under Secretary of Energy, who shall be appointed by the President, by and with the advice and consent of the Senate. (2) Duties The Under Secretary of Energy shall perform such functions and duties as the Secretary shall prescribe, consistent with this Act. (f) General Counsel (1) In general There shall be in the Department a General Counsel, who shall be appointed by the President, by and with the advice and consent of the Senate. (2) Duties The General Counsel shall perform such functions and duties as the Secretary shall prescribe, consistent with this Act. 203. Assistant Secretaries (a) In general There shall be in the Department 18 Assistant Secretaries, each of whom shall be appointed by the President, by and with the advice and consent of the Senate. (b) Functions The Assistant Secretaries shall perform such functions of the Secretary as are prescribed by the Secretary, including the following: (1) Air and radiation functions. (2) Enforcement and compliance assurance functions. (3) Legacy management functions. (4) Solid waste and emergency response functions. (5) Environmental research and development functions. (6) Water functions. (7) Chemical safety and pollution prevention functions. (8) Environmental management functions. (9) Energy resource applications, including functions dealing with management of all forms of energy production and utilization, including fuel supply, electric power supply, enriched uranium production, energy technology programs, and the management of energy resource leasing procedures on Federal land. (10) Energy research and development functions, including the responsibility for policy and management of research and development for all aspects of— (A) solar energy resources; (B) geothermal energy resources; (C) recycling energy resources; (D) the fuel cycle for fossil energy resources; and (E) the fuel cycle for nuclear energy resources. (11) Environmental responsibilities and functions, including— (A) advising the Secretary with respect to the conformance of the activities of the Department to environmental protection laws and principles; and (B) conducting a comprehensive program of research and development on the environmental effects of energy technologies and programs. (12) International programs and international policy functions, including functions that assist in promoting international energy. (13) Intergovernmental policies and relations, including responsibilities for ensuring that— (A) national energy policies are reflective of and responsible to the needs of State and local governments; and (B) other components of the Department coordinate activities with State and local governments, if appropriate, and develop intergovernmental communications with State and local governments. (14) Competition and consumer affairs, including responsibilities for— (A) the promotion of competition in the energy industry; (B) the protection of the consuming public in the energy policymaking processes; and (C) assisting the Secretary in the formulation and analysis of policies, rules, and regulations relating to competition and consumer affairs. (15) Nuclear waste management responsibilities, including— (A) the establishment of control over existing Federal Government facilities for the treatment and storage of nuclear wastes, including all containers, casks, buildings, vehicles, equipment, and all other materials associated with the facilities; (B) the establishment of control over all existing nuclear waste in the possession or control of the Federal Government and all commercial nuclear waste presently stored on site (other than the site of a licensed nuclear power electric generating facility), except that nothing in this paragraph shall alter or effect title to the waste; (C) the establishment of temporary and permanent facilities for storage, management, and ultimate disposal of nuclear wastes; (D) the establishment of facilities for the treatment of nuclear wastes; (E) the establishment of programs for the treatment, management, storage, and disposal of nuclear wastes; (F) the establishment of fees or user charges for nuclear waste treatment or storage facilities, including fees to be charged Federal Government agencies; and (G) the promulgation of rules and regulations to implement the authority described in this paragraph, except that nothing in this section grants to the Department regulatory functions of the Nuclear Regulatory Commission, or any additional related functions, as of the date of enactment of this Act. (16) Energy conservation functions, including— (A) the development of comprehensive energy conservation strategies for the United States; (B) the planning and implementation of major research and demonstration programs for the development of technologies and processes to reduce total energy consumption; (C) the administration of voluntary and mandatory energy conservation programs; and (D) the dissemination to the public of all available information on energy conservation programs and measures. (17) Power marketing functions, including responsibility for marketing and transmission of Federal power. (18) Public and congressional relations functions, including responsibilities for providing a continuing liaison between the Department and Congress and the Department and the public. (c) Specific functions At the time the name of any individual is submitted for confirmation to the position of Assistant Secretary, the President shall identify with particularity the one or more functions described in subsection (b) (or any portion of the function) for which the individual will be responsible. 204. Other officers (a) Inspector General There is an Inspector General of the Department, who shall be appointed as provided in section 3(a) of the Inspector General Act of 1978 (5 U.S.C. App.). (b) Other officers To assist the Secretary in the performance of the functions of the Secretary, there are the following officers of the Department, who shall be appointed by the Secretary: (1) A Chief Financial Officer. (2) A Congressional and Intergovernmental Affairs Officer. (3) A Community and Public Affairs Officer. (4) A Management and Human Resources Officer. (5) A Hearings and Appeals Officer. (6) A Chief Information Officer. (7) An Intelligence and Counterintelligence Officer. (c) Performance of specific functions Subject to this Act, each officer of the Department shall perform the functions specified by law for the office of the official or prescribed by the Secretary. 205. Federal Energy Regulatory Commission (a) In general There shall be within the Department, a Federal Energy Regulatory Commission established in accordance with title IV. (b) Qualifications The Chair and members of the Commission shall be individuals who, by demonstrated ability, background, training, or experience, are specially qualified to assess fairly the needs and concerns of all interests affected by Federal energy policy. 206. Energy and Environmental Information Administration (a) In general There shall be within the Department an Energy and Environmental Information Administration. (b) Administrator (1) In general The Energy and Environmental Information Administration shall be headed by an Administrator who shall be appointed by the President, by and with the advice and consent of the Senate. (2) Qualifications The Administrator shall be a person who, by reason of professional background and experience, is specially qualified to manage an energy and environmental information system. (3) Duties The Administrator shall be responsible for carrying out a central comprehensive, and unified energy data and information program that will collect, evaluate, assemble, analyze, and disseminate data and information that is relevant to— (A) energy resource reserves, energy production, demand, and technology, environmental protection, and related economic and statistical information; or (B) the adequacy of energy resources to meet demands in the near and longer term future for the economic and social needs of the United States. (c) Functions (1) In general The Secretary shall delegate to the Administrator the functions vested in Federal law relating to gathering, analysis, and dissemination of energy and environmental information. (2) Enforcement The Administrator may act in the name of the Secretary for the purpose of obtaining enforcement of the delegated functions. (3) Additional functions (A) In general There shall be vested in the Administrator, and the Administrator shall perform, the functions assigned to the Director of the Office of Energy Information and Analysis under part B of the Federal Energy Administration Act of 1974 (15 U.S.C. 790 et seq.). (B) Administration Sections 53(d) and 59 of the Federal Energy Administration Act of 1974 ( 15 U.S.C. 790b(d) , 790h) shall apply to the Administrator in the performance of any function under this Act. (d) Approval The Administrator shall not be required to obtain the approval of any other officer or employee of the Department in connection with— (1) the collection or analysis of any information; or (2) prior to publication, the substance of any statistical or forecasting technical reports that the Administrator has prepared in accordance with law. (e) Audit reviews The Energy and Environmental Information Administration shall be subject to an annual professional audit review of performance. (f) Furnishing of information to Department On request, the Administrator shall promptly provide any information or analysis obtained under this section to any other administration, commission, or office within the Department. (g) Public availability (1) In general Subject to paragraphs (2) and (3), information collected by the Energy Information Administration shall be cataloged and, on request, promptly made available to the public in a form and manner easily adaptable for public use. (2) Exempted matters This subsection shall not require disclosure of matters exempted from mandatory disclosure by section 552(b) of title 5, United States Code. (3) Administration Section 11(d) of the Energy Supply and Environmental Coordination Act of 1974 ( 15 U.S.C. 796(d) ), and section 17 of the Federal Nonnuclear Energy Research and Development Act of 1974 ( 42 U.S.C. 5916 ), shall continue to apply to any information obtained by the Administrator under those provisions. (h) Major energy-Producing companies (1) Definitions In this subsection: (A) Energy-producing company The term energy-producing company means a person engaged in— (i) ownership or control of mineral fuel resources or nonmineral energy resources; (ii) exploration for, or development of, mineral fuel resources; (iii) extraction of mineral fuel or nonmineral energy resources; (iv) refining, milling, or otherwise processing mineral fuels or nonmineral energy resources; (v) storage of mineral fuels or nonmineral energy resources; (vi) the generation, transmission, or storage of electrical energy; (vii) transportation of mineral fuels or nonmineral energy resources by any means whatever; or (viii) wholesale or retail distribution of mineral fuels, nonmineral energy resources or electrical energy. (B) Energy industry The term energy industry means all energy-producing companies. (C) Person The person has the meaning given the term in section 11(e) of the Energy Supply and Environmental Coordination Act of 1974 ( 15 U.S.C. 796(e) ). (2) Identification and designation (A) In general In addition to the acquisition, collection, analysis, and dissemination of energy information pursuant to this section, the Administrator shall identify and designate major energy-producing companies that alone or with their affiliates are involved in one or more lines of commerce in the energy industry in a manner that the energy information collected from the major energy-producing companies shall provide a statistically accurate profile of each line of commerce in the energy industry in the United States. (B) Administration In carrying out this subsection, the Administrator shall— (i) use, to the maximum extent practicable and consistent with this Act, reliable statistical sampling techniques; and (ii) otherwise give priority to the minimization of the reporting of energy information by small businesses. (3) Financial report (A) In general The Administrator shall develop and make effective for use the format for an energy-producing company financial report. (B) Use The report shall be designed to allow comparison on a uniform and standardized basis among energy-producing companies and shall permit for the energy-related activities of the energy-producing companies— (i) an evaluation of company revenues, profits, cash flow, and investments in total, for the energy-related lines of commerce in which the company is engaged and for all significant energy-related functions within the energy-producing companies; (ii) an analysis of the competitive structure of sectors and functional groupings within the energy industry; (iii) the segregation of energy information, including financial information, describing company operations by energy source and geographic area; (iv) the determination of costs associated with exploration, development, production, processing, transportation, and marketing and other significant energy-related functions within the energy-producing companies; and (v) such other analysis or evaluations as the Administrator finds necessary to carry out this Act. (4) Accounting practices The Administrator shall— (A) consult with the Chairman of the Securities and Exchange Commission with respect to the development of accounting practices required by the Energy Policy and Conservation Act ( 42 U.S.C. 6201 et seq. ) to be followed by persons engaged in whole or in part in the production of crude oil and natural gas; and (B) ensure, to the maximum extent practicable, that the energy-producing company financial report described in paragraph (3) is consistent with the accounting practices, if applicable. (5) Frequency The Administrator— (A) shall require each major energy-producing company to file with the Administrator an energy-producing company financial report on at least an annual basis; and (B) may request energy information described in the report on a quarterly basis if the Administrator determines that the quarterly report of information will substantially assist in achieving the purposes of this Act. (6) Summary A summary of information gathered pursuant to this section, accompanied by such analysis as the Administrator considers appropriate, shall be included in the annual report of the Department required by section 626. (7) Disclosure of confidential information Section 1905 of title 18, United States Code, shall apply to any information obtained by the Administration pursuant to this subsection. (i) Surveys of energy consumption (1) In general The Administrator shall conduct and publish the results of a survey of energy consumption in the manufacturing industries in the United States at least once every 2 years. (2) Confidentiality The Administrator shall conduct the surveys in a manner designed to protect the confidentiality of individual responses. (3) Information In conducting the survey, the Administrator shall collect information, including information on— (A) the quantity of fuels consumed; (B) energy expenditures; (C) fuel-switching capabilities; and (D) the use of nonpurchased sources of energy, such as solar, wind, biomass, geothermal, waste by-products, and cogeneration. (4) Relationship to other authority This subsection does not affect the authority of the Administrator to collect data under section 52 of the Federal Energy Administration Act of 1974 ( 15 U.S.C. 790a ). (j) Collection and publication of survey results (1) Definition of renewable energy resources In this subsection, the term renewable energy resources includes energy derived from solar thermal, geothermal, biomass, wind, and photovoltaic resources. (2) Surveys The Administrator shall annually collect and publish the results of a survey of electricity production from domestic renewable energy resources, including production in kilowatt hours, total installed capacity, capacity factor, and any other measures of production efficiency. (3) Energy resources The results of the survey shall distinguish between various renewable energy resources. (4) Administration In carrying out this subsection, the Administrator shall— (A) use, to the maximum extent practicable, reliable statistical sampling techniques; and (B) otherwise take into account the reporting burdens of energy information by small businesses. (k) Survey procedure Pursuant to section 52(a) of the Federal Energy Administration Act of 1974 ( 15 U.S.C. 790a(a) ), the Administrator shall— (1) conduct surveys of residential and commercial energy use at least once every 3 years and make the results of the surveys available to the public; (2) when surveying electric utilities, collect information on demand-side management programs conducted by the utilities, including information regarding— (A) the types of demand-side management programs being operated; (B) the quantity of measures installed; (C) expenditures on demand-side management programs; and (D) estimates of energy savings resulting from the programs, including whether the savings estimates were verified; and (3) in carrying out this subsection, take into account reporting burdens and the protection of proprietary information as required by law. (l) Data collection In order to improve the ability to evaluate the effectiveness of the energy efficiency policies and programs of the United States, the Administrator shall, in collecting data under subsections (i) and (k), consider— (1) expanding the survey instruments to include questions regarding participation in Federal and utility conservation programs; (2) expanding fuel-use surveys in order to provide greater detail on energy use by user subgroups; and (3) expanding the scope of data collection on energy efficiency and load-management programs, including the effects of building construction practices, such as practices designed to obtain peak load shifting. (m) Renewable fuels survey (1) In general To improve the ability to evaluate the effectiveness of the renewable fuels mandate of the United States, the Administrator shall conduct and publish the results of a survey of renewable fuels demand in the motor vehicle fuels market in the United States monthly. (2) Confidentiality The Administrator shall conduct the survey in a manner designed to protect the confidentiality of individual responses. (3) Information In conducting the survey, the Administrator shall collect information both on a national and regional basis, including each of the following: (A) The quantity of renewable fuels produced. (B) The quantity of renewable fuels blended. (C) The quantity of renewable fuels imported. (D) The quantity of renewable fuels demanded. (E) Market price data. (F) Such other analyses or evaluations as the Administrator finds are necessary to achieve the purposes of this section. (4) Prior years The Administrator shall collect or estimate information both on a national and regional basis, pursuant to subparagraphs (A) through (F) of paragraph (3), for the 5 years prior to implementation of this subsection. (5) National Energy Information System This subsection does not affect the authority of the Administrator to collect data under section 52 of the Federal Energy Administration Act of 1974 ( 15 U.S.C. 790a ). 207. Comptroller General functions The functions of the Comptroller General of the United States under section 12 of the Federal Energy Administration Act of 1974 ( 15 U.S.C. 771 ) shall apply with respect to the monitoring and evaluation of all functions and activities of the Department under this Act or any other Act administered by the Department. 208. Office of Science (a) In general There shall be within the Department an Office of Science to be headed by a Director, who shall be appointed by the President, by and with the advice and consent of the Senate. (b) Director It shall be the duty and responsibility of the Director— (1) to advise the Secretary with respect to the physical research programs of the Department; (2) to monitor the energy and environmental research and development programs of the Secretary in order to advise the Secretary with respect to any undesirable duplication or gaps in the programs; (3) to advise the Secretary with respect to the well-being and management of the multipurpose laboratories under the jurisdiction of the Department, excluding laboratories that constitute part of the nuclear weapons complex; (4) to advise the Secretary with respect to education and training activities required for effective short- and long-term basic and applied research activities of the Department; (5) to advise the Secretary with respect to grants and other forms of financial assistance required for effective short- and long-term basic and applied research activities of the Department; and (6) to carry out such additional duties assigned to the Office by the Secretary. 209. Establishment of policy for National Nuclear Security Administration (a) In general The Secretary shall be responsible for establishing policy for the National Nuclear Security Administration. (b) Review of programs and activities The Secretary may direct officials of the Department who are not within the National Nuclear Security Administration— (1) to review the programs and activities of the Administration; and (2) to make recommendations to the Secretary regarding administration of those programs and activities, including consistency with other similar programs and activities of the Department. (c) Staff The Secretary shall provide adequate staff to carry out this section. 210. Establishment of security, counterintelligence, and intelligence policies (a) In general The Secretary shall be responsible for developing and promulgating the security, counterintelligence, and intelligence policies of the Department. (b) Staff The Secretary may use the immediate staff of the Secretary to assist in developing and promulgating those policies. (c) Intelligence Executive Committee (1) In general There is within the Department an Intelligence Executive Committee. (2) Composition The Committee shall consist of— (A) the Deputy Secretary of Energy and the Environment, who shall chair the Committee; and (B) each Under Secretary of the Department. (3) Staff The Committee shall be staffed by the Director of the Office of Intelligence and Counterintelligence. (4) Use The Secretary shall use the Committee to assist in developing and promulgating the counterintelligence and intelligence policies, requirements, and priorities of the Department. (d) Budget requests (1) In general In the budget justification materials submitted to Congress in support of each budget submitted by the President to Congress under title 31, United States Code, the amounts requested for the Department for intelligence functions and the amounts requested for the Department for counterintelligence functions shall each be specified in appropriately classified individual, dedicated program elements. (2) National Nuclear Security Administration Within the amounts requested for counterintelligence functions, the amounts requested for the National Nuclear Security Administration shall be specified separately from the amounts requested for other elements of the Department. 211. Office of Intelligence and Counterintelligence (a) In general There is within the Department an Office of Intelligence and Counterintelligence. (b) Director (1) In general The head of the Office shall be the Director of the Office of Intelligence and Counterintelligence, who shall be an employee in— (A) the Senior Executive Service; (B) the Senior Intelligence Service; (C) the Senior National Intelligence Service; or (D) any other Service that the Secretary, in coordination with the Director of National Intelligence, considers appropriate. (2) Reporting to Secretary The Director of the Office shall report directly to the Secretary. (3) Qualifications The Secretary shall select the Director of the Office from among individuals who have substantial expertise in matters relating to foreign intelligence and counterintelligence. (4) Details (A) In general The Director of the Federal Bureau of Investigation may detail, on a reimbursable basis, any employee of the Bureau to the Department for service as Director of the Office. (B) Benefits The service of an employee of the Bureau as Director of the Office shall not result in any loss of status, right, or privilege by the employee within the Bureau. (c) Duties The Director of the Office shall— (1) establish policy for intelligence and counterintelligence programs and activities at Department facilities in order to reduce the threat of disclosure or loss of classified and other sensitive information at the facilities; (2) establish policy for the personnel assurance programs of the Department; (3) inform the Secretary, the Director of Central Intelligence, and the Director of the Federal Bureau of Investigation on a regular basis, and on specific request by any such official, regarding the status and effectiveness of the intelligence and counterintelligence programs and activities at Department facilities; and (4) perform such duties and exercise such powers as the Secretary may prescribe. (d) Reports (1) In general Not later than March 1 each year, the Director of the Office shall submit a report on the status and effectiveness of the intelligence and counterintelligence programs and activities at each Department facility during the preceding year. (2) Recipients Each such report shall be submitted to the following: (A) The Secretary. (B) The Director of National Intelligence. (C) The Director of the Federal Bureau of Investigation. (D) The Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives. (E) The Committee on Armed Services and the Select Committee on Intelligence of the Senate. (3) Contents Each such report shall include for the year covered by the report the following: (A) A description of the status and effectiveness of the intelligence and counterintelligence programs and activities at Department facilities. (B) A description of any violation of law or other requirement relating to intelligence, counterintelligence, or security at such facilities, including— (i) the number of violations that were investigated; and (ii) the number of violations that remain unresolved. (C) A description of the number of foreign visitors to Department facilities, including the locations of the visits of the visitors. (D) The adequacy of the procedures and policies of the Department for protecting national security information, making such recommendations to Congress as may be appropriate. (E) A determination of whether each National Laboratory is in full compliance with all departmental security requirements and, in the case of any such National Laboratory that is not in full compliance, what measures are being taken to bring the National Laboratory into compliance. (4) Certification by National Laboratories Not later than 30 days before the date that the report required by paragraph (1) is submitted, the director of each National Laboratory shall certify in writing to the Director of the Office whether the National Laboratory is in full compliance with all departmental security requirements and, if not, what measures are being taken to bring that laboratory into compliance and a schedule for implementing those measures. (5) Form Each report under this subsection as submitted to the committees referred to in subparagraphs (D) and (E) of paragraph (2) shall be submitted in unclassified form, but may include a classified annex. 212. Office of Indian Energy Policy and Programs (a) In general There is established within the Department an Office of Indian Energy Policy and Programs (referred to in this section as the Office ). (b) Director The Office shall be headed by a Director, who shall be appointed by the Secretary. (c) Duties The Director, in accordance with Federal policies promoting Indian self-determination and the purposes of this Act, shall provide, direct, foster, coordinate, and implement energy and environmental planning, education, management, conservation, and delivery programs of the Department that— (1) promote Indian tribal energy development, efficiency, and use; (2) reduce or stabilize energy costs; (3) enhance and strengthen Indian tribal energy and economic infrastructure relating to natural resource development and electrification; and (4) bring electrical power and service to Indian land and the homes of tribal members located on Indian land or acquired, constructed, or improved (in whole or in part) with Federal funds. III Transfer of functions 301. Transfer of functions Except as otherwise provided in this Act, there are transferred to, and vested in, the Secretary all of the functions provided by law (as of the date of enactment of this Act) to— (1) the Secretary of Energy; (2) the Administrator of the Environmental Protection Agency; and (3) the officers and components of the Department of Energy and the Environmental Protection Agency. 302. Power Administrations (a) In general There are transferred to, and vested in, the Secretary all functions of the Secretary of Energy with respect to— (1) the Southeastern Power Administration; (2) the Southwestern Power Administration; (3) the Bonneville Power Administration, including the authority contained in the Bonneville Project Act of 1937 ( 16 U.S.C. 832 et seq. ) and the Federal Columbia River Transmission System Act ( 16 U.S.C. 838 et seq. ); (4) the power marketing functions of the Bureau of Reclamation, including the construction, operation, and maintenance of transmission lines and attendant facilities; and (5) the transmission and disposition of the electric power and energy generated at Falcon Dam and Amistad Dam, international storage reservoir projects on the Rio Grande, pursuant to the Act of June 18, 1954 (68 Stat. 255, chapter 310). (b) Administration (1) In general The Southeastern Power Administration, the Southwestern Power Administration, and the Bonneville Power Administration, shall be preserved as separate and distinct organizational entities within the Department. (2) Administrator Each entity shall be headed by an Administrator appointed by the Secretary. (3) Functions The functions transferred to the Secretary in paragraphs (1) through (4) of subsection (a) shall be exercised by the Secretary, acting by and through the Administrators. (4) Office Each Administrator shall maintain the principal office of the Administrator at a place located in the region served by the respective Federal power marketing entity. (c) Dams (1) In general The functions transferred under subsection (a)(5) shall be exercised by the Secretary, acting by and through a separate and distinct Administration within the Department which shall be headed by an Administrator appointed by the Secretary. (2) Regional offices The Administrator shall establish and maintain such regional offices as necessary to facilitate the performance of the functions. (3) Reallocation of costs Neither the transfer of functions effected by subsection (a)(5) nor any changes in cost allocation or project evaluation standards shall be considered to authorize the reallocation of joint costs of multipurpose facilities allocated unless and to the extent that the change is approved by Congress. IV Federal Energy Regulatory Commission 401. Appointment and administration (a) In general There is established within the Department an independent regulatory commission to be known as the Federal Energy Regulatory Commission. (b) Composition (1) In general The Commission shall be composed of 5 members appointed by the President, by and with the advice and consent of the Senate. (2) Chair Of the members of the Commission, 1 member shall be designated by the President as Chair. (3) Term Subject to section 401(b)(2) of the Department of Energy Organization Act ( 42 U.S.C. 7171(b)(2) ) (as that Act existed before the amendment made by section 713), a member of the Commission— (A) shall hold office for a term of 5 years; and (B) may be removed by the President only for inefficiency, neglect of duty, or malfeasance in office. (4) Political parties Not more than 3 members of the Commission shall be members of the same political party. (5) Vacancies (A) In general Any Commissioner appointed to fill a vacancy occurring prior to the expiration of the term for which the predecessor of the Commissioner was appointed shall be appointed only for the remainder of the term. (B) Expiration of term A Commissioner may continue to serve after the expiration of the term of the Commissioner until the successor of the Commissioner is appointed and has been confirmed and taken the oath of Office, except that the Commissioner shall not serve beyond the end of the session of the Congress in which the term expires. (6) Other business or employment A member of the Commission shall not engage in any other business, vocation, or employment while serving on the Commission. (c) Duties (1) In general The Chair shall be responsible, on behalf of the Commission, for the executive and administrative operation of the Commission, including functions of the Commission with respect to— (A) the appointment and employment of hearing examiners in accordance with title 5, United States Code; (B) the selection, appointment, and fixing of the compensation of such personnel as the Chair considers necessary, including an executive director; (C) the supervision of personnel employed by or assigned to the Commission, except that each member of the Commission may select and supervise personnel for the personal staff of the member; (D) the distribution of business among personnel and among administrative units of the Commission; and (E) the procurement of services of experts and consultants in accordance with section 3109 of title 5, United States Code. (2) Support and facilities The Secretary shall provide to the Commission such support and facilities as the Commission determines necessary to carry out the functions of the Commission. (d) Relationship to Department In the performance of functions of the Commission, the members, employees, or other personnel of the Commission shall not be responsible to, or subject to the supervision or direction of, any officer, employee, or agent of any other part of the Department. (e) Administration (1) Acting Chair The Chair of the Commission may designate any other member of the Commission as Acting Chair to act in the place of the Chair during the absence of the Chair. (2) Meetings (A) In general The Chair (or the Acting Chair in the absence of the Chair) shall preside at all sessions of the Commission. (B) Quorum A quorum for the transaction of business of the Commission shall consist of at least 3 members present. (C) Single vote Each member of the Commission, including the Chair, shall have 1 vote. (D) Majority vote Actions of the Commission shall be determined by a majority vote of the members present. (3) Seal The Commission shall have an official seal which shall be judicially noticed. (f) Procedural and administrative rules (1) In general The Commission may establish such procedural and administrative rules as are necessary to the exercise of the functions of the Commission. (2) Continuation Until changed by the Commission, any procedural and administrative rules applicable to particular functions over which the Commission has jurisdiction shall continue in effect with respect to the particular functions. (g) Hearings and subpoena (1) In general In carrying out any of the functions of the Commission, the Commission shall have the powers authorized by the law under which the function is exercised— (A) to hold hearings; (B) to sign and issue subpoenas; (C) to administer oaths; (D) to examine witnesses; and (E) to receive evidence at any place in the United States the Commission may designate. (2) Hearings The Commission may, by one or more of the members of the Commission or by such agents as the Commission may designate, conduct any hearing or other inquiry appropriate to the functions of the Commission, except that nothing in this subsection supersedes the provisions of section 556 of title 5, United States Code, relating to hearing examiners. (h) Principal office The principal office of the Commission shall be in or near the District of Columbia, where the general sessions of the Commission shall be held, except that the Commission may sit anywhere in the United States. (i) Agency (1) In general For the purpose of section 552b of title 5, United States Code, the Commission shall be considered an agency. (2) Attorney for Commission Except as provided in section 518 of title 28, United States Code, attorneys designated by the Chair of the Commission may appear for, and represent the Commission in, any civil action brought in connection with any function carried out by the Commission pursuant to this Act or as otherwise authorized by law. (j) Annual authorization and appropriation request (1) In general In each annual authorization and appropriation request under this Act, the Secretary shall— (A) identify the portion of the request intended for the support of the Commission; and (B) include— (i) a statement by the Commission of the amount requested by the Commission in the budgetary presentation of the Commission to the Secretary and the Office of Management and Budget; and (ii) an assessment of the budgetary needs of the Commission. (2) Copy to committees If the Commission submits to the Secretary, the President, or the Office of Management and Budget, any legislative recommendation or testimony, or comments on legislation, prepared for submission to Congress, the Commission shall concurrently transmit a copy to the appropriate committees of Congress. 402. Jurisdiction of Commission (a) Functions (1) In general There are transferred to, and vested in, the Commission the following functions of the Federal Power Commission or of any member of the Commission or any officer or component of the Commission: (A) The investigation, issuance, transfer, renewal, revocation, and enforcement of licenses and permits for the construction, operation, and maintenance of dams, water conduits, reservoirs, powerhouses, transmission lines, or other works for the development and improvement of navigation and for the development and utilization of power across, along, from, or in navigable waters under part I of the Federal Power Act ( 16 U.S.C. 791a et seq. ). (B) The establishment, review, and enforcement of rates and charges for the transmission or sale of electric energy, including determinations on— (i) construction work in progress under part II of the Federal Power Act ( 16 U.S.C. 824 et seq. ); and (ii) the interconnection under section 202(b) of that Act ( 16 U.S.C. 824a(b) ) of facilities for the generation, transmission, and sale of electric energy (other than emergency interconnection). (C) The establishment, review, and enforcement of rates and charges for the transportation and sale of natural gas by a producer or gatherer or by a natural gas pipeline or natural gas company under sections 1, 4, 5, and 6 of the Natural Gas Act ( 15 U.S.C. 717 , 717c, 717d, 717e). (D) The issuance of a certificate of public convenience and necessity, including abandonment of facilities or services, and the establishment of physical connections under section 7 of the Natural Gas Act ( 15 U.S.C. 717f ). (E) The establishment, review, and enforcement of curtailments, other than the establishment and review of priorities for the curtailments, under the Natural Gas Act (15 U.S.C. 717 et seq.). (F) The regulation of mergers and securities acquisition under the Federal Power Act (16 U.S.C. 791a et seq.) and the Natural Gas Act ( 15 U.S.C. 717 et seq. ). (2) Additional powers The Commission may exercise any power under the following sections to the extent the Commission determines the power to be necessary to the exercise of any function within the jurisdiction of the Commission: (A) Sections 4, 301, 302, 306 through 309, and 312 through 316 of the Federal Power Act ( 16 U.S.C. 797 , 825, 825a, 825e–825h, 825k–825o). (B) Sections 8, 9, 13 through 17, 20, and 21 of the Natural Gas Act ( 15 U.S.C. 717g , 717h, 717l–717p, 717s, 717t). (b) Agency determinations (1) In general Except as provided in paragraph (2), the Commission shall have jurisdiction to hear and determine any other matter arising under any other function of the Secretary— (A) involving any agency determination required by law to be made on the record after an opportunity for an agency hearing; or (B) involving any other agency determination that the Secretary determines shall be made on the record after an opportunity for an agency hearing. (2) Certain lease bidding arrangements Nothing in this subsection requires that functions under section 105 of the Energy Policy and Conservation Act ( 42 U.S.C. 6213 ) shall be within the jurisdiction of the Commission unless the Secretary assigns the function to the Commission. (c) Other matters In addition to the other provisions of this section, the Commission shall have jurisdiction over any other matter that the Secretary may assign to the Commission after public notice, or that is required to be referred to the Commission pursuant to section 404. (d) Limitation No function described in this section that regulates the exports or imports of natural gas or electricity shall be within the jurisdiction of the Commission unless the Secretary assigns the function to the Commission. (e) Final agency action The decision of the Commission involving any function within the jurisdiction of the Commission, other than action by the Commission on a matter referred to the Commission pursuant to section 404— (1) shall be final agency action (within the meaning of section 704 of title 5, United States Code); and (2) shall not be subject to further review by the Secretary or any officer or employee of the Department. (f) Regulations The Commission may prescribe rules, regulations, and statements of policy of general applicability with respect to any function under the jurisdiction of the Commission pursuant to this section. 403. Initiation of rulemaking proceedings before Commission (a) In general The Secretary and the Commission may propose rules, regulations, and statements of policy of general applicability with respect to any function within the jurisdiction of the Commission under section 402. (b) Proposals of Secretary The Commission shall— (1) have exclusive jurisdiction with respect to any proposal made under subsection (a); and (2) consider and take final action on any proposal made by the Secretary under subsection (a) in an expeditious manner in accordance with such reasonable time limits as may be established by the Secretary for the completion of action by the Commission on any such proposal. (c) Rates and charges (1) In general Any function described in section 402 that relates to the establishment of rates and charges under the Federal Power Act ( 16 U.S.C. 791a et seq. ) or the Natural Gas Act (15 U.S.C. 717 et seq.), may be conducted by rulemaking procedures. (2) Procedures Except as provided in subsection (d), the procedures in such a rulemaking proceeding shall ensure full consideration of the issues and an opportunity for interested persons to present views. (d) Submission of written questions by interested persons (1) In general In the case of any rule or regulation promulgated by the Commission to establish rates and charges for the first sale of natural gas by a producer or gatherer to a natural gas pipeline under the Natural Gas Act ( 15 U.S.C. 717 et seq. ), the Commission may afford an interested person a reasonable opportunity to submit written questions with respect to disputed issues of fact to other interested persons participating in the rulemaking proceedings. (2) Time The Commission may establish a reasonable time for both the submission of questions and responses. 404. Referral of other rulemaking proceedings to Commission (a) In general Except as provided in section 403, if the Secretary proposes to prescribe rules, regulations, and statements of policy of general applicability in the exercise of any function that is transferred to the Secretary under section 301 or 306 of the Department of Energy Organization Act ( 42 U.S.C. 7151 , 7155) (as that Act existed before the amendment made by section 713), the Secretary shall notify the Commission of the proposed action. (b) Referral to Commission If the Commission determines within such period as the Secretary may prescribe that the proposed action may significantly affect any function within the jurisdiction of the Commission pursuant to subsections (a)(1), (b), and (c) of section 402 and section 60502 of title 49, United States Code, the Secretary shall immediately refer the matter to the Commission, which shall provide an opportunity for public comment. (c) Recommendations of Commission (1) In general Following the opportunity for public comment, the Commission, after consultation with the Secretary, shall— (A) concur in adoption of the rule or statement as proposed by the Secretary; (B) concur in adoption of the rule or statement only with such changes as the Commission may recommend; or (C) recommend that the rule or statement not be adopted. (2) Publication The Commission shall promptly publish— (A) the recommendations of the Commission adopted under this subsection; (B) an explanation of the reason for the actions of the Commission; and (C) an analysis of the major comments, criticisms, and alternatives offered during the comment period. (d) Options of Secretary (1) In general Following publication of the recommendations of the Commission, the Secretary shall have the option of— (A) issuing a final rule or statement in the form initially proposed by the Secretary if the Commission has concurred in the rule pursuant to subsection (c)(1)(A); (B) issuing a final rule or statement in amended form so that the rule conforms in all respects with the changes proposed by the Commission if the Commission has concurred in the rule or statement pursuant to subsection (c)(1)(B); or (C) ordering that the rule shall not be issued. (2) Final agency action The action taken by the Secretary pursuant to this subsection shall constitute a final agency action for purposes of section 704 of title 5, United States Code. 405. Right of Secretary to intervene in Commission proceedings (a) In general The Secretary may, as a matter of right, intervene or otherwise participate in any proceeding before the Commission. (b) Procedure The Secretary shall comply with— (1) rules of procedure of general applicability governing the timing of intervention or participation in the proceeding or activity; and (2) on intervening or participating in the proceeding or activity, rules of procedure of general applicability governing the conduct of the proceeding or activity. (c) Fairness The intervention or participation of the Secretary in any proceeding or activity shall not affect the obligation of the Commission to ensure procedural fairness to all participants. 406. Reorganization For the purposes of chapter 9 of title 5, United States Code, the Commission shall be considered an independent regulatory agency. 407. Access to information (a) In general The Secretary, each officer of the Department, and each Federal agency shall provide to the Commission, on request, such existing information in the possession of the Department or other Federal agency as the Commission determines necessary to carry out the responsibilities of the Commission under this Act. (b) Certain information In formulating the information to be requested in the reports or investigations under sections 304 and 311 of the Federal Power Act ( 16 U.S.C. 825c , 825j) and sections 10 and 11 of the Natural Gas Act ( 15 U.S.C. 717i , 717j), the Secretary shall— (1) include in the reports and investigations such specific information as requested by the Commission; and (2) furnish copies of all reports, information, results of investigations and data under those sections to the Commission. V Administrative procedures and judicial review 501. Procedures (a) Administrative procedures (1) In general Subject to the other requirements of this title, subchapter II of chapter 5 of title 5, United States Code, shall apply in accordance with the terms of that subchapter to any rule or regulation, or any order having the applicability and effect of a rule (as that term is defined in section 551 of title 5, United States Code), issued pursuant to authority vested by law in, or transferred or delegated to, the Secretary, or required by this Act or any other Act to be carried out by any other officer, employee, or component of the Department, other than the Commission, including any such rule, regulation, or order of a State or local government agency (or officer of a State or local government agency) issued pursuant to authority delegated by the Secretary in accordance with this title. (2) Additional requirements If any provision of any Act, the functions of which are transferred, vested, or delegated pursuant to this Act, provides administrative procedure requirements in addition to the requirements provided in this title, those additional requirements shall also apply to actions under that provision. (b) Substantial impact on the economy of the United States (1) No substantial impact If the Secretary determines, on the initiative of the Secretary or in response to any showing made pursuant to paragraph (2) (with respect to a proposed rule, regulation, or order described in subsection (a)), that no substantial issue of fact or law exists and that the rule, regulation, or order is unlikely to have a substantial impact on the economy of the United States or large numbers of individuals or businesses in the United States, the proposed rule, regulation, or order may be promulgated in accordance with section 553 of title 5, United States Code. (2) Substantial impact If the Secretary determines that a substantial issue of fact or law exists or that the rule, regulation, or order is likely to have a substantial impact on the economy of the United States or large numbers of individuals or businesses in the United States, an opportunity for oral presentation of views, data, and arguments shall be provided before promulgation. (3) Submission of material Any person who would be adversely affected by the implementation of any proposed rule, regulation, or order and who desires an opportunity for oral presentation of views, data, and arguments, may submit material supporting the existence of a substantial issue or impact described in paragraph (2). (4) Transcript A transcript shall be kept of any oral presentation described in paragraph (2) with respect to a rule, regulation, or order described in subsection (a). (c) Waiver (1) In general The requirements of subsection (b) may be waived in any case in which— (A) strict compliance with that subsection is found by the Secretary to be likely to cause serious harm or injury to the public health, safety, or welfare; and (B) the finding of the Secretary described in subparagraph (A) is set out in detail in the rule, regulation, or order. (2) Subsequent satisfaction If the requirements of subsection (b) are waived under paragraph (1), the requirements of that subsection shall be satisfied within a reasonable period of time subsequent to the promulgation of the rule, regulation, or order. (d) Rules with local effect (1) Definitions In this subsection: (A) Geographic area within a State The term geographic area within a State means a special purpose district or other region that is recognized for governmental purposes within the State but is not a unit of local government. (B) Rule with local effect The term rule with local effect means a rule, regulation, or order described in subsection (a), the effects of which, except for indirect effects of an inconsequential nature, are confined to— (i) a single unit of local government or the residents of a single unit of local government; (ii) a single geographic area within a State or the residents of a single geographic area within a State; or (iii) a single State or the residents of a single State. (C) Unit of local government The term unit of local government means a county, municipality, town, township, village, or other unit of general government below the State level. (2) Opportunity for hearing With respect to any rule with local effect, the Secretary shall, if appropriate, afford an opportunity for a hearing or the oral presentation of views, and provide procedures for the holding of the hearing or oral presentation within the boundaries of the applicable unit of local government, geographic area, or State. (3) Relationship to other law Nothing in this subsection requires a hearing or an oral presentation of views where none is required by this section or other provision of law. (e) Procedures for State and local government agencies (1) In general As authorized by any law vested, transferred, or delegated pursuant to this Act, the Secretary may, by rule, prescribe procedures for State or local government agencies authorized by the Secretary to carry out such functions as may be permitted under applicable law. (2) Requirements Procedures prescribed under paragraph (1) shall— (A) apply to the State or local government agencies in lieu of this section; and (B) require that prior to taking any action, the agencies shall— (i) take steps reasonably calculated to provide notice to persons who may be affected by the action; and (ii) afford an opportunity for presentation of views (including oral presentation of views where practicable) within a reasonable time before taking the action. 502. Judicial review (a) In general Judicial review of agency action taken under any law the functions of which are vested by law in, or transferred or delegated to the Secretary, the Commission, or any officer, employee, or component of the Department shall, notwithstanding the vesting, transfer, or delegation, be made in the manner specified in or for such law. (b) Original jurisdiction (1) In general Except as provided in paragraph (2) and notwithstanding the amount in controversy, the district courts of the United States shall have exclusive original jurisdiction of all other cases or controversies arising exclusively under this Act, or under rules, regulations, or orders issued exclusively under this Act, other than any actions taken to implement or enforce any rule, regulation, or order by any officer of a State or local government agency under this Act as described in paragraph (4). (2) Issue raised in defense Nothing in this section affects the power of any court of competent jurisdiction to consider, hear, and determine in any proceeding before the court any issue raised by way of defense, other than a defense based on the unconstitutionality of this Act or the validity of action taken by any agency under this Act as described in paragraph (3). (3) Removal If in any proceeding an issue by way of defense is raised based on the unconstitutionality of this Act or the validity of agency action under this Act, the case shall be subject to removal by either party to a district court of the United States in accordance with chapter 89 of title 28, United States Code. (4) State or local government agency Cases or controversies arising under any rule, regulation, or order of any officer of a State or local government agency may be heard in— (A) any appropriate State court; or (B) without regard to the amount in controversy, the district courts of the United States. (c) Department litigation (1) In general Subject to section 401(i) and notwithstanding any other law, the litigation of the Department shall be subject to the supervision of the Attorney General pursuant to chapter 31 of title 28, United States Code. (2) Delegation The Attorney General may authorize any attorney of the Department to conduct any civil litigation of the Department in any Federal court except the Supreme Court. 503. Remedial orders (a) In general If, upon investigation, the Secretary or the authorized representative of the Secretary, believes that a person has violated any regulation, rule, or order described in section 501(a), the Secretary may issue a remedial order to the person. (b) Requirements Each remedial order shall be in writing and shall describe with particularity the nature of the violation, including a reference to the provision of the rule, regulation, or order alleged to have been violated. (c) Failure To respond If, not later than 30 days after the date of receipt of a remedial order issued by the Secretary, the person fails to notify the Secretary that the person intends to contest the remedial order, the remedial order shall become effective and shall be considered a final order of the Secretary and not subject to review by any court or agency. (d) Contesting of order (1) In general If, not later than 30 days after the date of receipt of the remedial order issued by the Secretary, the person notifies the Secretary that the person intends to contest a remedial order issued under subsection (a), the Secretary shall immediately advise the Commission of the notification. (2) Stay of effect Upon receiving notice under paragraph (1), the Commission shall stay the effect of the remedial order, unless the Commission finds the public interest requires immediate compliance with the remedial order. (3) Opportunity for a hearing The Commission shall, upon request, afford an opportunity for a hearing, including, at a minimum, the submission of briefs, oral or documentary evidence, and oral arguments. (4) Cross examination To the extent that the Commission, in the discretion of the Commission, determines that cross examination is required for a full and true disclosure of the facts, the Commission shall afford the right of cross examination. (5) Order by Commission (A) In general After a hearing, if any, under this subsection, the Commission shall issue an order, based on findings of fact, affirming, modifying, or vacating the remedial order of the Secretary, or directing other appropriate relief. (B) Effect of order Subject to subparagraph (C), an order issued under subparagraph (A) shall, for the purpose of judicial review, constitute a final agency action. (C) Enforcement Enforcement and other judicial review of an action described in subparagraph (B) shall be the responsibility of the Secretary. (e) Time limits The Secretary may set reasonable time limits for the Commission to complete action on a proceeding referred to the Commission pursuant to this section. (f) Procedural actions Nothing in this section affects any procedural action taken by the Secretary prior to or incident to initial issuance of a remedial order that is the subject of a hearing provided in this section, but such procedures shall be reviewable in the hearing. (g) Notice requirement This section shall be applicable only with respect to proceedings initiated by a notice of probable violation issued after the effective date of this Act. (h) Marketing of petroleum products With respect to any person whose sole petroleum industry operation relates to the marketing of petroleum products, the Secretary or any person acting on behalf of the Secretary may not exercise discretion to maintain a civil action (other than an action for injunctive relief) or issue a remedial order against the person for any violation of any rule or regulation if— (1) the civil action or order is based on— (A) a retroactive application of the rule or regulation; or (B) a retroactive interpretation of the rule or regulation; and (2) the person relied in good faith on rules, regulations, or ruling in effect on the date of the violation interpreting the rules or regulations. 504. Requests for adjustments (a) In general The Secretary or any officer designated by the Secretary shall— (1) provide for the making of such adjustments to any rule, regulation, or order described in section 501(a) as may be necessary to prevent special hardship, inequity, or unfair distribution of burdens; (2) by rule, establish procedures that are available to any person for the purpose of seeking an interpretation, modification, or rescission of, exception to, or exemption from, such rule, regulation, or order; and (3) ensure that each decision on any application or petition requesting an adjustment shall specify— (A) the standards of hardship, inequity, or unfair distribution of burden by which any disposition was made; and (B) the specific application of the standards to the facts contained in the application or petition. (b) Review of denial (1) In general If any person is aggrieved or adversely affected by a denial of a request for adjustment under subsection (a), the person may— (A) request a review of the denial by the Commission; and (B) obtain judicial review in accordance with this title when the denial becomes final. (2) Procedures The Commission shall, by rule, establish appropriate procedures, including a hearing when requested, for review of a denial. (3) Commission Action Action by the Commission under this section shall be considered final agency action within the meaning of section 704 of title 5, United States Code, and shall not be subject to further review by the Secretary or any officer or employee of the Department. (4) Litigation Litigation involving judicial review of action by the Commission under this section shall be the responsibility of the Secretary. 505. Review and effect (a) In general Not later than 1 year after the effective date of this Act, the Secretary shall submit a report to Congress describing the actions taken to implement section 501. (b) Contents The report under subsection (a) shall include— (1) a description of the adequacy of section 501 from the standpoint of the Department and the public, including a summary of any comments obtained by the Secretary from the public about the section and implementing regulations; and (2) such recommendations as the Secretary considers appropriate concerning the procedures required by section 501. (c) Assessments (1) In general Not later than January 31 of each year, the Secretary shall submit to Congress a report on the assessment conducted under subsection (a) during the preceding year. (2) Contents Each report shall include the results of the assessment covered by the report, together with such findings and recommendations as the Secretary considers appropriate. VI Administrative provisions A Personnel provisions 601. Officers and employees (a) Authority of Secretary To appoint and fix compensation Except as otherwise provided in this section, the Secretary may appoint and fix the compensation of such officers and employees, including attorneys, as the Secretary determines necessary to carry out the functions of the Department in accordance with chapters 33 and 53 of title 5, United States Code. (b) Appointment of scientific, engineering, and other personnel (1) In general Subject to paragraph (2), the Secretary may— (A) appoint not more than 311 scientific, engineering, professional, and administrative personnel of the Department without regard to the provisions of chapter 33 of title 5, United States Code, governing appointments in the competitive service; and (B) fix the compensation of those personnel at an amount not to exceed the maximum rate payable for GS–18 of the General Schedule under section 5332 of title 5, United States Code. (2) Termination of authority The authority of the Secretary under paragraph (1) shall terminate on the later of— (A) the date on which an individual who is appointed under paragraph (1) leaves that position; or (B) the date that is 4 years after the date of enactment of this Act. (c) Other positions above GS–15 (1) In general Subject to the provisions of chapter 51 of title 5, United States Code, but notwithstanding section 3324 of title 5, United States Code, the Secretary may classify not more than 178 positions of the Department as GS–16, GS–17, or GS–18 without the approval by the Civil Service Commission. (2) Approval by Civil Service Commission Appointments under this subsection may be made without regard to section 3324 of title 5, United States Code, if the individual placed in the position— (A) is transferred to the Department in connection with a transfer of functions under this Act; and (B) immediately prior to the effective date of this Act, held a position and duties comparable to those required by the new position. (3) Termination of authority The authority of the Secretary under this subsection with respect to any position shall terminate on the date on which the first individual who is appointed under paragraph (1) leaves that position. (d) Appointment of additional scientific, engineering, and other personnel In addition to the number of positions that may be classified above GS–15 under section 5108 of title 5, United States Code, the Secretary may— (1) appoint not more than 200 scientific, engineering, professional, and administrative personnel without regard to the provisions of chapter 33 of title 5, United States Code; and (2) fix the compensation of those personnel in an amount not to exceed the maximum rate payable for GS–18 of the General Schedule under section 5332 of title 5, United States Code. (e) Maximum number of positions Of the positions described in subsections (b) and (c) and classified above GS–15 under section 5108(a) of title 5, United States Code— (1) 63 percent shall be GS–16 positions; (2) 25 percent shall be GS–17 positions; and (3) 12 percent shall be GS–18 positions. (f) Intelligence positions All individuals appointed to positions in the Department that the Secretary determines to be devoted to intelligence and intelligence-related activities of the Federal Government are excepted from the competitive service provisions of chapter 33 of title 5, United States Code while employed in those positions. 602. Senior positions In addition to the positions created by title II, there shall be within the Department 14 additional officers in positions authorized by section 5316 of title 5, United States Code, which shall be filled by individuals appointed by the Secretary who shall perform such functions as the Secretary shall prescribe from time to time. 603. Experts and consultants The Secretary may obtain services authorized by section 3109 of title 5, United States Code, at rates not to exceed the daily rate prescribed for grade GS–18 of the General Schedule under section 5332 of title 5, United States Code, for persons employed intermittently in Government service. 604. Advisory committees (a) In general The Secretary may establish in accordance with the Federal Advisory Committee Act (5 U.S.C. App.) such advisory committees as the Secretary determines necessary to assist in the performance of the duties of the Secretary. (b) Travel expenses Members of an advisory committee established under subsection (a), other than full-time employees of the Federal Government, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, while attending meetings of the advisory committee or otherwise serving at the request of the Secretary away from the homes or places of business of the members. B General administrative provisions 611. General authority To the extent appropriate to perform any function transferred by this Act, the Secretary or any officer or employee of the Department may exercise, in carrying out the function so transferred, any authority available by law (including appropriations Acts) to the official or agency from which the function was transferred. 612. Delegation Except as otherwise expressly prohibited by law, and except as otherwise provided in this Act, the Secretary may, as the Secretary determines to be appropriate— (1) delegate any functions to officers or employees of the Department; and (2) authorize successive redelegations of functions within the Department. 613. Reorganization (a) In general Subject to subsection (b), the Secretary may establish, alter, consolidate, or discontinue such organizational units or components within the Department as the Secretary determines to be appropriate. (b) Limitations (1) In general The authority of the Secretary under subsection (a) shall not extend to— (A) the abolition of any organizational unit or component established by this Act; or (B) the transfer of any function vested by this Act in any organizational unit or component. (2) National Nuclear Security Administration The authority of the Secretary under subsection (a) shall not apply to the National Nuclear Security Administration. 614. Rules The Secretary may promulgate such procedural and administrative regulations as the Secretary determines to be appropriate to administer and manage the functions of the Secretary under this Act. 615. Subpoena (a) In general For the purpose of carrying out this Act, the Secretary (or a designee) shall have the same powers and authorities as the Federal Trade Commission under section 9 of the Federal Trade Commission Act ( 15 U.S.C. 49 ) with respect to all functions vested in, or transferred or delegated to, the Secretary by this Act. (b) Natural gas For purposes of carrying out the responsibilities of the Federal Trade Commission under the Natural Gas Policy Act of 1978 ( 15 U.S.C. 3301 et seq. ), the Commission shall have the same powers and authority as the Secretary has under this section. 616. Contracts (a) In general The Secretary may enter into and perform such contracts, leases, cooperative agreements, or other similar transactions with public agencies, private organizations, and individuals, and make such payments (in lump sum or installments, and by way of advance or reimbursement), as the Secretary determines to be appropriate to carry out the functions under this Act. (b) Limitation on authority Notwithstanding any other provision of this title, no authority to enter into contracts or to make payments under this title shall be effective except to such extent or in such amounts as are provided in advance in appropriations Acts. (c) Leasing of excess Department property The Secretary may lease, in accordance with such terms and conditions the Secretary considers to be appropriate to promote national security or the public interest, any acquired real property and related personal property that— (1) is located at a facility of the Department to be closed or reconfigured; (2) at the time the lease is entered into, is not needed by the Department; and (3) is under the control of the Department. (d) Terms of lease (1) In general A lease entered into under subsection (c) shall be for a term of not more than 10 years, except that the Secretary may enter into a lease that includes an option to renew for a term of more than 10 years if the Secretary determines that entering into such a lease will promote the national security or be in the public interest. (2) Consideration (A) In general A lease entered into under subsection (c) may provide for the payment (in cash or in-kind) by the lessee of consideration in an amount that is less than the fair market rental value of the leasehold interest. (B) Services Services relating to the protection and maintenance of the leased property may constitute all or part of the consideration under this paragraph. (e) Environmental concerns (1) In general Subject to paragraph (2), before entering into a lease under subsection (c), the Secretary shall consult with, and obtain the concurrence of, the appropriate State official (with respect to property located on a site that is not listed on the National Priorities List) to determine whether the environmental conditions of the property are such that leasing the property, and the terms and conditions of the lease agreement, are consistent with safety and the protection of public health and the environment. (2) Failure to obtain concurrence The Secretary may enter into a lease under subsection (c) without obtaining the concurrence of the appropriate State official under paragraph (1) if, by the date that 60 days after the date on which the Secretary requests the concurrence, the appropriate State official fails to submit to the Secretary a notice of concurrence with, or rejection of, the determination. (f) Rentals (1) Retention (A) In general To the extent provided in advance in appropriations Acts, the Secretary may retain and use money received by the Secretary directly from a lease entered into under subsection (c) in any amount the Secretary considers to be necessary to cover the administrative expenses of the lease, the maintenance and repair of the leased property, or environmental restoration activities at the facility at which the leased property is located. (B) Treatment Amounts retained under this subsection shall be retained in a separate account established in the Treasury for that purpose. (2) Report The Secretary shall submit to Congress annual reports on the amounts retained and used under this subsection. (g) Additional authorities (1) In general In addition to authority granted to the Secretary under any other provision of law, the Secretary may exercise the same authority to enter into transactions (other than contracts, cooperative agreements, and grants), subject to the same terms and conditions, as the Secretary of Defense under section 2371 of title 10, United States Code (other than subsections (b) and (f) of that section). (2) Application of terms In applying section 2371 of title 10, United States Code, to the Secretary under paragraph (1)— (A) the term basic shall be replaced by the term research ; (B) the term applied shall be replaced by the term development ; and (C) the terms advanced research projects and advanced research shall be replaced by the term demonstration projects . (3) Relationship to other provisions The authority of the Secretary under paragraph (1) shall not be subject to— (A) section 9 of the Federal Nonnuclear Energy Research and Development Act of 1974 ( 42 U.S.C. 5908 ); or (B) section 152 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2182 ). (4) Competitive, merit-based selection procedures (A) In general The Secretary shall use such competitive, merit-based selection procedures in entering into transactions under paragraph (1) as the Secretary determines in writing to be practicable. (B) Limitation A transaction under paragraph (1) shall relate to a research, development, or demonstration project only if the Secretary determines in writing that the use of a standard contract, grant, or cooperative agreement for the project is not feasible or appropriate. (5) Disclosure The Secretary may protect from disclosure, for up to 5 years after the date on which the information is developed, any information developed pursuant to a transaction under paragraph (1) that would be protected from disclosure under section 552(b)(4) of title 5, United States Code, if obtained from an individual or entity other than a Federal agency. (6) Guidelines (A) In general The Secretary shall issue guidelines for transactions under paragraph (1). (B) Publication The guidelines under subparagraph (A) shall be published in the Federal Register for public comment in accordance with rulemaking procedures of the Department. (C) Authority The Secretary shall not have authority to carry out transactions under paragraph (1) until the guidelines for transactions required under subparagraph (A) are final. (7) Annual report The Secretary shall submit to Congress the annual report required under section 2371(h) of title 10, United States Code. (8) Delegation The authority of the Secretary under this subsection may be delegated only to an officer of the Department who is appointed by the President by and with the advice and consent of the Senate. (9) Termination Notwithstanding any other provision of law, the authority to enter into transactions under paragraph (1) shall terminate on September 30, 2018. 617. Acquisition and maintenance of property The Secretary may— (1) acquire (by purchase, lease, condemnation, or otherwise), construct, improve, repair, operate, and maintain laboratories, research and testing sites and facilities, quarters and related accommodations for employees and dependents of employees of the Department, personal property (including patents), or any interest in property, as the Secretary determines to be necessary; and (2) provide, by contract or otherwise, for eating facilities and other necessary facilities for the health and welfare of employees of the Department at installations (including through the purchase and maintenance of appropriate equipment). 618. Facilities construction (a) In general As necessary and when not otherwise available, the Secretary may provide for, construct, or maintain the following for employees and dependents stationed at remote locations: (1) Emergency medical services and supplies. (2) Food and other subsistence supplies. (3) Messing facilities. (4) Audiovisual equipment, accessories, and supplies for recreation and training. (5) Reimbursement for food, clothing, medicine, and other supplies furnished by those employees in emergencies for the temporary relief of distressed individuals. (6) Living and working quarters and facilities. (7) Transportation of school-aged dependents of employees to the nearest appropriate educational facilities. (b) Pricing The furnishing of medical treatment under subsection (a)(1) and the furnishing of services and supplies under paragraphs (2) and (3) of subsection (a) shall be at prices reflecting reasonable value, as determined by the Secretary. (c) Treatment (1) In general Proceeds from reimbursements under this section— (A) shall be deposited in the Treasury; and (B) may be withdrawn by the Secretary— (i) to pay directly the cost of work or services; (ii) to repay or make advances to appropriations of funds that will initially bear all or a part of that cost; or (iii) to refund excess sums when necessary. (2) Crediting to funds A payment by the Secretary under paragraph (1)(B) may be credited to a working capital fund otherwise established by law, including the fund established pursuant to section 622, and used under the law governing the fund, if the fund is available for use by the Department for performing the work or services for which payment is received. 619. Use of facilities (a) In general On the consent of the Federal Government or the government of any foreign country, State, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States, with or without reimbursement, the Secretary and the Federal Energy Regulatory Commission may use the research, equipment, and facilities of such a government (or political subdivision) in carrying out the functions under this Act. (b) Use of property (1) In general Except as provided in paragraph (2), in carrying out this Act, the Secretary may permit the use by public and private individuals and entities of any real property, facility, structure, or improvement under the jurisdiction of the Secretary for purposes of the Department, under such terms and at such rates as the Secretary determines to be appropriate, for a period of not more than 5 years. (2) Reconditioning and maintenance The Secretary may require any individual or entity to which a permit is provided under this subsection to recondition and maintain, at the expense of the individual or entity, the real property, facilities, structures, and improvements involved to a satisfactory standard. (3) Exception This subsection shall not apply to excess property (as defined in section 102 of title 40, United States Code). (c) Proceeds (1) In general Except as provided in paragraph (2), the proceeds from reimbursements under this section— (A) shall be deposited in the Treasury; and (B) may be withdrawn by the Secretary or the head of another appropriate Federal department or agency— (i) to pay directly the costs of the equipment and facilities provided; (ii) to repay or make advances to appropriations or funds that do or will initially bear all or a part of those costs; or (iii) to refund excess sums as necessary. (2) Exception The proceeds described in paragraph (1) may be credited to a working capital fund otherwise established by law (including the fund established pursuant to section 622) and used in accordance the laws governing that fund, if the fund is available for use for providing the equipment or facilities involved. 620. Field offices The Secretary may establish, alter, consolidate, or discontinue to maintain such State, regional, district, local, or other field offices as the Secretary determines to be necessary to carry out this Act. 621. Copyrights The Secretary may acquire any of the following described rights if the property so acquired is for use by or for, or useful to, the Department: (1) Copyrights, patents, and applications for patents, designs, processes, and manufacturing data. (2) Licenses under copyrights, patents, and applications for patents. (3) Releases, before suit is brought, for past infringement of patents or copyrights. 622. Capital fund (a) Establishment The Secretary may establish a working capital fund, to be available without fiscal year limitation, for expenses necessary for the maintenance and operation of such common administrative services as the Secretary determines to be appropriate in the interests of economy and efficiency, including services such as— (1) a central supply service for stationery and other supplies and equipment for which adequate stocks may be maintained to meet in whole or in part the requirements of the Department; (2) central messenger, mail, telephone, and other communications services; (3) office space and central services for document reproduction, graphics, and visual aids; and (4) a central library service. (b) Transfers The capital of the fund shall consist of— (1) any appropriations made for the purpose of providing capital; and (2) the fair and reasonable value of such stocks of supplies, equipment, and other assets and inventories on order as the Secretary may transfer to the fund, less the related liabilities and unpaid obligations. (c) Reimbursement Amounts in the fund shall be reimbursed in advance from available funds of agencies and offices in the Department, or from other sources, for supplies and services at rates that approximate the expense of operation, including the accrual of annual leave and the depreciation of equipment. (d) Credits The fund shall be credited with receipts— (1) from sale or exchange of property; and (2) in payment for loss or damage to property owned by the fund. (e) Surplus amounts There shall be covered into the Treasury as miscellaneous receipts any surplus amounts in the fund (all assets, liabilities, and prior losses considered), in excess of the amounts transferred or appropriated to establish and maintain the fund. 623. Seal of Department (a) In general The Secretary shall cause a seal of office to be made for the Department. (b) Judicial notice Judicial notice shall be taken of the seal under this section. 624. Regional energy advisory boards (a) In general The Governors of the States in each region may establish 1 regional energy advisory board for each region, to include such membership as the Governors determine to be appropriate. (b) Observers (1) In general The following officials (or a designee) may participate as observers in the deliberations of any board established under subsection (a): (A) The Secretary. (B) The Secretary of Commerce. (C) The Secretary of the Interior. (D) The Chairman of the Council on Environmental Quality. (E) The Commandant of the Coast Guard. (2) Other commissions The Federal cochairperson of the Appalachian Regional Commission or any regional commission under title V of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3191 et seq.) may participate as an observer in the deliberations of any board established under subsection (a) that includes one or more States that are members of the regional commission. (c) Recommendations (1) In general Each board established under subsection (a) may make such recommendations as are appropriate to programs of the Department having a direct effect on the region of the board. (2) Failure to adopt If a board makes a specific recommendation under paragraph (1) that is not adopted in the implementation of a program described in that paragraph, the Secretary shall notify the Board in writing of the reasons for not adopting the recommendation. 625. Designation of conservation officers (a) Designation The Secretary of Defense, the Secretary of Commerce, the Secretary of Housing and Urban Development, the Secretary of Transportation, the Secretary of Agriculture, the Secretary of the Interior, the head of the United States Postal Service, and the Administrator of General Services shall each designate 1 Assistant Secretary or Assistant Administrator, as applicable, as the principal conservation officer of the respective department or agency. (b) Duties A principal conservation officer designated under subsection (a) shall be principally responsible for— (1) the planning and implementation of energy conservation programs by the applicable department or agency; and (2) coordination with the Department with respect to energy matters. (c) Publication (1) In general Each department and agency described in subsection (a) shall periodically inform the Secretary of the identity of the relevant conservation officer. (2) List The Secretary shall periodically publish a list identifying conservation officers under this section, based on the information provided under paragraph (1). 626. Annual report (a) In general As soon as practicable after the end of each fiscal year commencing with the first complete fiscal year following the date of enactment of this Act, the Secretary shall submit to the President, for inclusion in a report to Congress, a report on the activities of the Department during the preceding fiscal year. (b) Inclusions Each report under subsection (a) shall include— (1) a statement of the goals, priorities, and plans of the Secretary for the Department, together with an assessment of the progress made toward— (A) the attainment of those goals; (B) the effective and efficient management of the Department; and (C) progress made in coordination of departmental functions with other Federal departments and agencies; (2) the information required by— (A) section 15 of the Federal Energy Administration Act of 1974 ( 15 U.S.C. 774 ); (B) section 365(c) of the Energy Policy and Conservation Act ( 42 U.S.C. 6325(c) ); (C) section 304(c) of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10224(c) ); (D) section 307 of the Energy Reorganization Act of 1974 ( 42 U.S.C. 5877 ); and (E) section 15 of the Federal Nonnuclear Energy Research and Development Act of 1974 ( 42 U.S.C. 5914 ); (3) the projected energy needs of the United States to meet the requirements of the general welfare of the residents and the commercial and industrial entities of the United States, including a comprehensive summary of data pertaining to all fuel and energy needs of residents of the United States residing in— (A) areas outside standard metropolitan statistical areas; and (B) areas within such areas that are unincorporated or rural areas, as specified by the Bureau of the Census; (4) an estimate of— (A) the domestic and foreign energy supply on which the United States will be expected to rely to meet those needs in an economic manner, with due regard for the protection of the environment, the conservation of natural resources, and the implementation of foreign policy objectives; and (B) the quantities of energy expected to be provided by different sources (including petroleum, natural and synthetic gases, coal, uranium, hydroelectric, solar, and other means) and the expected means of obtaining those quantities; (5) current and foreseeable trends in the price, quality, management, and use of energy resources and the effects of those trends on the social, environmental, economic, and other requirements of the United States; (6) a summary of research and development efforts funded by the Federal Government to develop new technologies, to forestall energy shortages, to reduce waste, to foster recycling, to encourage conservation practices, and to increase efficiency, including a description of the activities carried out by the Department in support of environmental, social, economic, institutional, biomedical, physical, and safety research, development, demonstration, and monitoring activities necessary to guarantee that technological programs funded by the Department are carried out in a manner that is capable of— (A) maintaining or improving the quality of the environment; and (B) mitigating any undesirable environmental and safety impacts; (7) a review and appraisal of the adequacy and appropriateness of technologies, procedures, and practices (including competitive and regulatory practices) employed by the Federal Government or State and local governments and nongovernmental entities to achieve the purposes of this Act; (8) a summary of cooperative and voluntary efforts that have been mobilized to promote conservation and recycling, together with plans for such efforts during the succeeding fiscal year, and recommendations for changes in laws and regulations needed to encourage more conservation and recycling by all segments of the United States; (9) a summary of substantive measures taken by the Department— (A) to stimulate and encourage the development of new manpower resources through institutions of higher education in the United States; and (B) to involve those institutions in the execution of the research and development programs of the Department; and (10) to the maximum extent practicable, a summary of activities in the United States by individuals or entities that are foreign-owned or -controlled and that own or control United States energy sources and supplies, including the magnitude of annual foreign direct investment in the energy sector in the United States and exports of energy resources from the United States by foreign-owned or -controlled individuals or entities, and such other related matters as the Secretary determines to be appropriate. 627. Transfer of funds (a) In general Except as provided in subsection (b), the Secretary, as authorized in an appropriations Act, may transfer for any fiscal year funds from 1 appropriation to another within the Department. (b) Exception No appropriation shall be increased or decreased pursuant to this section by more than 5 percent of the appropriation for the applicable fiscal year. 628. Guards for Strategic Petroleum Reserve facilities In accordance with guidelines prescribed by the Secretary, in concurrence with the Attorney General, employees of the Department and employees of contractors and subcontractors (at any tier) of the Department, in carrying out the official duties of protecting the Strategic Petroleum Reserve or a storage or related facility, or of protecting individuals relating to the Strategic Petroleum Reserve or a storage or related facility, may— (1) carry firearms, if designated by the Secretary and qualified for the use of firearms under the guidelines; and (2) arrest without warrant any individual for an offense against the United States— (A) in the case of a felony, if the employee has reasonable grounds to believe that the individual— (i) has committed or is committing a felony; and (ii) is in, or is fleeing from, the immediate area of the felony; and (B) in the case of a felony or misdemeanor, if the violation is committed in the presence of the employee. 629. Trespass on Strategic Petroleum Reserve facilities (a) Regulations (1) In general The Secretary may promulgate regulations relating to the entry on, or carrying, transporting, or otherwise introducing or causing to be introduced any dangerous weapon, explosive, or other dangerous instrument or material likely to produce substantial injury or damage to individuals or property into or onto, the Strategic Petroleum Reserve, a storage or related facility, or real property subject to the jurisdiction or administration, or in the custody, of the Secretary under part B of title I of the Energy Policy and Conservation Act ( 42 U.S.C. 6231 et seq. ). (2) Notice The Secretary shall post conspicuously on any property subject to the regulations under paragraph (1) a notification that the property is subject to the regulations. (b) Violators Any individual who willfully violates a regulation of the Secretary promulgated pursuant to subsection (a) shall be— (1) guilty of a misdemeanor; and (2) punished on conviction by a fine of not more than $5,000, imprisonment for not more than 1 year, or both. 630. Annual assessment and report on vulnerability of facilities to terrorist attack (a) In general Not less frequently than once each year, the Secretary shall conduct a comprehensive assessment of the vulnerability of Department facilities to a terrorist attack. (b) Reports Not later than June 1, 2015, and annually thereafter, the Secretary shall submit to Congress a report on the assessment conducted under subsection (a) for the preceding calendar year, including the results of the assessment, together with such findings and recommendations as the Secretary considers to be appropriate. VII Transitional, savings, and conforming provisions 701. Transfer and allocations of appropriations and personnel (a) In general Except as otherwise provided in this Act, the personnel employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balance of appropriations authorizations, allocations, and other funds employed, held, used, arising from, available to, or to be made available in connection with the functions transferred by this Act, subject to section 1531 of title 31, United States Code, are transferred to the Secretary for appropriate allocation. (b) Use of unexpended funds Unexpended funds transferred pursuant to subsection (a) shall only be used for the purposes for which the funds were originally authorized and appropriated. (c) Specific positions Positions expressly specified by statute or reorganization plan to carry out functions transferred by this Act, personnel occupying those positions on the effective date of this Act, and personnel authorized to receive compensation in those positions at the rate prescribed for offices and positions at level I, II, III, IV, or V of the Executive Schedule under subchapter II of chapter 53 of title 5, United States Code, on the effective date of this Act, shall be subject to section 703. 702. Effect on personnel (a) In general Except as otherwise provided in this Act or by the Secretary, the transfer pursuant to this title of full-time personnel (except special Government employees) and part-time personnel holding permanent positions pursuant to this title shall not cause any such employee to be separated or reduced in grade or compensation for 1 year after the date of enactment of this Act. (b) Compensation Any person who, on the effective date of this Act, holds a position compensated in accordance with the Executive Schedule prescribed in chapter 53 of title 5, United States Code, and who, without a break in service, is appointed in the Department to a position having duties comparable to the duties performed immediately preceding the appointment shall continue to be compensated in the new position at not less than the rate provided for the previous position, for the duration of service in the new position. (c) Reemployment rights (1) In general An employee transferred to the Department who holds reemployment rights acquired under any provision of law or regulation may exercise those rights only during the latter of— (A) the 120-day period beginning on the effective date of this Act; or (B) the 2-year period beginning on the date on which the employee acquired the reemployment rights. (2) Requirement Reemployment rights may only be exercised at the request of the employee. 703. Agency terminations (a) In general Except as otherwise provided in this Act, whenever all of the functions vested by law in any agency, commission, or other body, or any component of an agency, commission, or other body, have been terminated or transferred from that agency, commission, or other body, or component by this Act, the agency, commission, or other body, or component, shall terminate. (b) Termination of positions and offices If an agency, commission, or other body, or any component of an agency, commission, or other body, terminates pursuant to subsection (a), each position and office within the agency, commission, or other body, or component, that was expressly authorized by law, or the incumbent of which was authorized to receive compensation at the rates prescribed for an office or position at level II, III, IV, or V of the Executive Schedule under subchapter II of chapter 53 of title 5, United States Code, shall terminate. 704. Incidental transfers The Director of the Office of Management and Budget, in consultation with the Secretary and the Commission, shall make such determinations as may be necessary with regard to the transfer of functions that relate to or are used by an agency, commission or other body, or component of an agency, commission, or other body, affected by this Act, to make such additional incidental dispositions of personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with the functions transferred by this Act, as the Director considers necessary to accomplish the purposes of this Act. 705. Savings provisions (a) Orders To remain in effect (1) In general All orders, determinations, rules, regulations, permits, contracts, certificates, licenses, and privileges described in paragraph (2) shall continue in effect according to their respective terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Secretary, the Commission, or other authorized officials, a court of competent jurisdiction, or by operation of law. (2) Specification Paragraph (1) applies to all orders, determinations, rules, regulations, permits, contracts, certificates, licenses, and privileges that— (A) have been issued, made, granted, or allowed to become effective by the President, any Federal department or agency, official of a Federal department or agency, or by a court of competent jurisdiction, in the performance of functions that are transferred under this Act to the Department or the Commission after the date of enactment of this Act; and (B) are in effect on the date on which this Act takes effect. (b) Pending proceedings (1) In general This Act shall not affect any proceedings or any application for any license, permit, certificate, or financial assistance pending before any department, agency, commission, or component of a department, agency, or commission, functions of which are transferred by this Act on the date on which this Act takes effect. (2) Continuation (A) In general To the extent that proceedings and applications described in paragraph (1) relate to functions transferred by this Act— (i) the proceedings and applications shall be continued; and (ii) orders shall be issued, appeals shall be taken, and payments shall be made pursuant to the orders, as if this Act had not been enacted. (B) Effect Orders issued in any proceeding continued under this paragraph shall continue in effect until modified, terminated, superseded, or revoked by— (i) a duly authorized official; (ii) a court of competent jurisdiction; or (iii) operation of law. (C) Discontinuance or modification Nothing in this subsection prohibits the discontinuance or modification of any proceeding described in paragraph (1) under the same terms and conditions and to the same extent that the proceeding could have been discontinued or modified if this Act had not been enacted. (3) Regulations The Secretary and the Commission may promulgate regulations providing for the orderly transfer of proceedings described in paragraph (1) to the Department or the Commission. (c) Pending suits (1) In general Except as provided in paragraph (3)— (A) this Act shall not affect suits commenced prior to the effective date of this Act; and (B) in all suits described in subparagraph (A), proceedings shall be had, appeals taken, and judgments rendered in the same manner and effect as if this Act had not been enacted. (2) Suits by and against officers in official capacity and departments and agencies (A) Offices No suit, action, or other proceeding commenced by or against any officer in the official capacity of the officer as an officer of any department or agency, functions of which are transferred by this Act, shall abate by reason of the enactment of this Act. (B) Departments and agencies No cause of action by or against any department or agency, functions of which are transferred by this Act, or by or against any officer of a department or agency in the official capacity of the officer, shall abate by reason of the enactment of this Act. (3) Transfer If, before the effective date of this Act, any department or agency, or officer of a department or agency in the official capacity of the officer, is a party to a suit, and under this Act any function of the department, agency, or officer is transferred to the Secretary or any other official, then the suit shall be continued with the Secretary or other official, as applicable, substituted. 706. Reference With respect to any functions transferred by this Act and exercised after the effective date of this Act, reference in any other Federal law to any department, commission, or agency or any officer or office the functions of which are so transferred shall be deemed to refer to the Secretary, the Commission, or other official or component of the Department in which this Act vests those functions. 707. Presidential authority Except as provided in title IV, nothing in this Act limits, curtails, abolishes, or terminates— (1) any function of, or authority available to, the President that the President had immediately before the effective date of this Act; or (2) the authority of the President to delegate, redelegate, or terminate any delegation of functions. 708. Transition With the consent of the appropriate department or agency head concerned, the Secretary may use the services of the officers, employees, and other personnel of the departments and agencies from which functions have been transferred to the Secretary for such period of time as may reasonably be needed to facilitate the orderly transfer of functions under this Act. 709. Administrative amendments (a) Executive departments Section 101 of title 5, United States Code is amended by striking Department of Energy and inserting Department of Energy and the Environment . (b) Level I Section 5312 of title 5, United States Code, is amended by striking Secretary of Energy and inserting Secretary of Energy and the Environment . (c) Level II Section 5313 of title 5, United States Code, is amended— (1) by striking Deputy Secretary of Energy and inserting Deputy Secretary of Energy and the Environment ; and (2) by striking Administrator of the Environmental Protection Agency. . (d) Level III Section 5314 of title 5, United States Code, is amended by striking Under Secretaries of Energy (3) and inserting Under Secretaries of Energy and the Environment (4) . (e) Level IV Section 5315 of title 5, United States Code, is amended— (1) by striking Assistant Secretaries of Energy (8) and inserting Assistant Secretaries of Energy and the Environment (18) ; (2) by striking General Counsel of the Department of Energy and inserting General Counsel of the Department of Energy and the Environment ; (3) by striking Administrator, Economic Regulatory Administration, Department of Energy. ; (4) by striking Administrator, Energy Information Administration, Department of Energy. and inserting Administrator, Energy and Environment Information Administration, Department of Energy and the Environment. ; (5) by striking Director, Office of Indian Energy Policy and Programs, Department of Energy ; (6) by striking Director, Office of Science, Department of Energy. ; (7) by striking Assistant Administrator for Toxic Substances, Environmental Protection Agency. ; (8) by striking Assistant Administrator, Office of Solid Waste, Environmental Protection Agency. ; (9) by striking Assistant Administrators, Environmental Protection Agency (8). ; (10) by striking Chief Financial Officer, Department of Energy and inserting Chief Financial Officer, Department of Energy and the Environment ; (11) by striking Chief Financial Officer, Environmental Protection Agency. ; (12) by striking Chief Information Officer, Department of Energy and inserting Chief Information Officer, Department of Energy and the Environment ; and (13) by striking Chief Information Officer, Environmental Protection Agency. . (f) Level V Section 5316 of title 5, United States Code, is amended by striking Additional Officers, Department of Energy (14) and inserting Additional Officers, Department of Energy and the Environment (14) . 710. Director of Office of Personnel Management report As soon as practicable but not later than 1 year after the effective date of this Act, the Director of the Office of Personnel Management shall prepare and submit to Congress a report on the effects on employees of the reorganization under this Act, which shall include— (1) an identification of any position within the Department or elsewhere in the Executive branch that the Director considers unnecessary due to consolidation of functions under this Act; (2) a statement of the number of employees entitled to pay savings by reason of the reorganization under this Act; (3) a statement of the number of employees who are voluntarily or involuntarily separated by reason of the reorganization; (4) an estimate of the personnel costs associated with the reorganization; (5) the effects of the reorganization on labor management relations; and (6) such legislative and administrative recommendations for improvements in personnel management within the Department as the Director considers necessary. 711. Investigations and reports on duplicative programs and activities The Secretary shall— (1) conduct routine investigations to identify programs, offices, and initiatives with duplicative goals and activities within the Department; and (2) report annually to Congress on the findings from the investigations (including the cost of such duplication), including recommendations for consolidation and elimination to reduce duplication and for specific rescissions. 712. Environmental impact statements The transfer of functions under titles III and IV shall not affect the validity of any draft environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and published before the effective date of this Act. 713. Conforming amendments The Department of Energy Organization Act ( 42 U.S.C. 7101 et seq. ) is repealed. VIII Energy planning 801. National Energy Policy Plan (a) In general The President shall— (1) in accordance with subsection (b), prepare and submit to Congress a proposed National Energy Policy Plan (referred to in this title as a proposed Plan ); (2) seek the active participation by regional, State, and local agencies and instrumentalities and the private sector through public hearings in cities and rural communities and other appropriate means to ensure, to the maximum extent practicable, that the views and proposals of all segments of the economy are taken into account in the formulation and review of the proposed Plan; (3) include in the proposed Plan a comprehensive summary of data pertaining to all fuel and energy needs of persons residing in— (A) areas outside standard metropolitan statistical areas; and (B) areas within standard metropolitan statistical areas that are unincorporated or are specified by the Bureau of the Census as rural areas. (b) Contents of proposed Plan Not later than April 1, 2015, and biennially thereafter, the President shall submit to Congress the proposed Plan, which shall— (1) consider and establish energy production, use, and conservation objectives, for periods of 5 and 10 years, necessary to satisfy projected energy needs of the United States to meet the requirements of the general welfare of the people of the United States and the commercial and industrial life of the United States, paying particular attention to the needs for— (A) full employment; (B) price stability; (C) energy security; (D) economic growth; (E) environmental protection; (F) nuclear nonproliferation; (G) special regional needs; and (H) the efficient use of public and private resources; (2) identify the strategies that should be followed and the resources that should be committed to achieve those objectives, including— (A) forecasting the level of production and investment necessary in each of the significant energy supply sectors and the level of conservation and investment necessary in each consuming sector; and (B) outlining the appropriate policies and actions of the Federal Government that will maximize the private production and investment necessary in each of the significant energy supply sectors consistent with applicable Federal, State, and local environmental laws, standards, and requirements; and (3) contain recommendations for legislative and administrative actions necessary to achieve the objectives of the proposed Plan, including legislative recommendations with respect to taxes or tax incentives, Federal funding, regulatory actions, antitrust policy, foreign policy, and international trade. (c) Contents of report The President shall submit to Congress with the proposed Plan a report that shall include— (1) any data and analysis necessary to support the objectives, resource needs, and policy recommendations contained in the proposed Plan; (2) an estimate of the domestic and foreign energy supplies on which the United States will be expected to rely to meet projected energy needs in an economic manner consistent with the need to protect the environment, conserve natural resources, and implement foreign policy objectives; (3) an evaluation of current and foreseeable trends in the price, quality, management, and use of energy resources and the effects of those trends on the social, environmental, economic, and other requirements of the United States; (4) a summary of research and development efforts funded by the Federal Government— (A) to forestall energy shortages; (B) to reduce waste; (C) to foster recycling; (D) to encourage conservation practices; and (E) to otherwise protect environmental quality, including recommendations for developing technologies to accomplish the purposes listed in subparagraphs (A) through (D); and (5) a review and appraisal of the adequacy and appropriateness of technologies, procedures, and practices (including competitive and regulatory practices) employed by Federal, State, and local governments and nongovernmental entities to achieve the purposes of the proposed Plan. (d) Consultation required The President shall ensure that consumers, small businesses, and a wide range of other interests, including those of individual citizens who have no financial interest in the energy industry, are consulted in the development of the proposed Plan. 802. Congressional review (a) In general Each proposed Plan shall be referred to the appropriate committees of the Senate and the House of Representatives. (b) Committee action Each committee to which a proposed Plan is referred shall— (1) review the proposed Plan; and (2) if considered appropriate by the committee, report to the Senate or the House of Representatives legislation regarding the proposed Plan, which may contain such alternatives to, modifications of, or additions to the proposed Plan submitted by the President as the committee considers appropriate. IX Effective date and interim appointments 901. Effective date (a) In general Except as provided in subsection (b), this Act shall take effect on the earlier of— (1) 120 days after the Secretary first takes office; or (2) such date as the President may prescribe and publish in the Federal Register. (b) Appointments and regulations At any time after the date of enactment of this Act— (1) any of the officers provided for in titles II and IV may be nominated and appointed, as provided in those titles; and (2) the Secretary and the Commission may promulgate regulations pursuant to section 705. (c) Use of funds Funds available to any department or agency (or any official or component of a department or agency) functions of which are transferred to the Secretary or the Commission by this Act, may with the approval of the Director of the Office of Management and Budget, be used to pay the compensation and expenses of any officer appointed pursuant to subsection (b) until such time as funds for that purpose are otherwise available. 902. Interim appointments (a) In general If one or more officers required by this Act to be appointed by and with the advice and consent of the Senate shall not have entered upon office on the effective date of this Act, the President may designate any officer, whose appointment was required to be made by and with the advice and consent of the Senate, and who was such an officer immediately prior to the effective date of the Act, to act in the office until the office is filled as provided in this Act. (b) Compensation Any person acting in an office in accordance with subsection (a) shall receive compensation at the rates provided by this Act for the respective office in which the person acts.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5322ih/xml/BILLS-113hr5322ih.xml
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113-hr-5323
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I 113th CONGRESS 2d Session H. R. 5323 IN THE HOUSE OF REPRESENTATIVES July 31, 2014 Mr. Butterfield (for himself, Mr. Lynch , Mr. Jones , and Mr. Price of North Carolina ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To provide leave to certain new employees who are veterans 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 Medical Leave for Veterans Act of 2014 . 2. Additional leave for certain employees who are disabled veterans (a) Regulation required Not later than 6 months after the date of enactment of this Act, the Secretary of Veterans Affairs shall issue such regulations as are necessary to provide for, in addition to any existing leave program, the following: (1) 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. (2) (A) The leave credited to an employee under paragraph (1) may not exceed 104 hours. (B) Any leave credited to an employee pursuant to paragraph (1) that is not used during the 12-month period described in such paragraph may not be carried over and shall be forfeited. (3) In order to verify that leave credited to an employee pursuant to paragraph (1) is used for treating a service-connected disability, such employee shall submit to the Secretary certification, in such form and manner as the Secretary may prescribe, that such employee used such leave for purposes of being furnished treatment for such disability by a health care provider. (b) Definitions In this section— (1) the term employee means any employee appointed under chapter 73 or 74 of title 38, United States Code; (2) the term service-connected has the meaning given such term in section 101(16) of such title; and (3) the term veteran has the meaning given such term in section 101(2) of such title. (c) Application The regulations required under subsection (a) shall apply with respect to any employee hired on or after the date that is one year after the date of enactment of this Act.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5323ih/xml/BILLS-113hr5323ih.xml
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113-hr-5324
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I 113th CONGRESS 2d Session H. R. 5324 IN THE HOUSE OF REPRESENTATIVES July 31, 2014 Mrs. Capps (for herself and Mr. Pascrell ) introduced the following bill; which was referred to the Committee on Energy and Commerce , 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 promote youth athletic safety and for other purposes.
1. Short title This Act may be cited as the Supporting Athletes, Families and Educators to Protect the Lives of Athletic Youth Act or the SAFE PLAY Act . 2. Education, awareness, and training about children’s cardiac conditions to increase early diagnosis and prevent death Part P of title III of the Public Health Service Act ( 42 U.S.C. 280g et seq. ) is amended by adding at the end the following: 399V–6. Materials and educational resources to increase awareness of cardiomyopathy and other higher risk childhood cardiac conditions among school administrators, educators, coaches, students and families (a) Materials and resources Not later than 18 months after the date of enactment of the SAFE PLAY Act , the Secretary, acting through the Director of the Centers for Disease Control and Prevention (referred to in this section as the Director ) and in consultation with national patient advocacy and health professional organizations experts in cardiac health, including all forms of cardiomyopathy, shall develop public education and awareness materials and resources to be disseminated to school administrators, educators, school health professionals, coaches, families, and other appropriate individuals. The materials and resources shall include— (1) information to increase education and awareness of high risk cardiac conditions and genetic heart rhythm abnormalities that may cause sudden cardiac arrest in children, adolescents, and young adults, including— (A) cardiomyopathy; (B) conditions such as long QT syndrome, Brugada syndrome, catecholaminergic polymorphic ventricular tachycardia, short QT syndrome, Wolff-Parkinson-White syndrome; and (C) other cardiac conditions, as determined by the Secretary; (2) sudden cardiac arrest and cardiomyopathy risk assessment worksheets to increase awareness of warning signs and symptoms of life-threatening cardiac conditions in order to prevent acute cardiac episodes and increase the likelihood of early detection and treatment; (3) information and training materials for emergency interventions such as cardiopulmonary resuscitation (referred to in this section and in section 399V–7 as CPR ) and ways to obtain certification in CPR delivery; (4) guidelines and training materials for the proper placement and use of life-saving emergency equipment such as automatic external defibrillators (referred to in this section and section 399V–7 as AED ) and ways to obtain certification on AED usage; and (5) recommendations for how schools, childcare centers, and local youth athletic organizations can develop and implement cardiac emergency response plans, including recommendations about how a local educational agency (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) can apply such response plans to all students enrolled in the public schools served by such local educational agency. (b) Development of materials and resources The Secretary, acting through the Director, shall develop and update as necessary and appropriate the materials and resources described in subsection (a) and, in support of such effort, the Secretary is encouraged to establish an advisory panel that includes the following members: (1) Representatives from national patient advocacy organizations, including— (A) not less than 1 organization dedicated to pediatrics; (B) not less than 1 organization dedicated to school-based wellness; (C) not less than 1 organization dedicated to cardiac research, health, and awareness; and (D) not less than 1 organization dedicated to advocacy and support for individuals with cognitive impairments or developmental disabilities. (2) Representatives of medical professional societies, including pediatrics, cardiology, emergency medicine, and sports medicine. (3) A representative of the Centers for Disease Control and Prevention. (4) Representatives of other relevant Federal agencies. (5) Representatives of schools such as administrators, educators, sports coaches, and nurses. (c) Dissemination of materials and resources Not later than 30 months after the date of enactment of the SAFE PLAY Act , the Secretary, acting through the Director, shall disseminate the materials and resources described in subsection (a) in accordance with the following: (1) Distribution by State educational agencies The Secretary shall make available such written materials and resources to State educational agencies (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )) to distribute— (A) to school administrators, educators, school health professionals, coaches, and parents, guardians, or other caregivers, the cardiomyopathy education and awareness materials and resources described in subsection (a); (B) to parents, guardians, or other caregivers, the cardiomyopathy and sudden cardiac arrest risk assessment worksheets described in subsection (a)(2); and (C) to school administrators, school health professionals, and coaches— (i) the information and training materials described in subsection (a)(3); and (ii) the guidelines and training materials described in subsection (a)(4); and (D) to school administrators, educators, coaches, and youth sports organizations, the recommendations described in subsection (a)(5). (2) Dissemination to health departments and professionals The Secretary shall make available such materials and resources to State and local health departments, pediatricians, hospitals, and other health professionals, such as nurses and first responders. (3) Dissemination of information through the internet (A) CDC (i) In general The Secretary, acting through the Director, shall post the materials and resources developed under subsection (a) on the public Internet website of the Centers for Disease Control and Prevention. (ii) Maintenance of information The Director shall maintain on such Internet website such additional and updated information regarding the resources and materials under subsection (a) as necessary to ensure such information reflects the latest standards. (B) State educational agencies State educational agencies are encouraged to create Internet webpages dedicated to disseminating the information and resources developed under subsection (a) to the general public, with an emphasis on targeting dissemination to families of students and students. (4) Accessibility of information The information regarding the resources and materials under subsection (a) shall be made available in a format and in a manner that is readily accessible to individuals with cognitive and sensory impairments. (d) Report to congress Not later than 3 years after the date of the enactment of this section, and annually thereafter, the Secretary shall submit to Congress a report identifying the steps taken to increase public education and awareness of higher risk cardiac conditions that may lead to sudden cardiac arrest. (e) Definitions In this section: (1) School administrators The term school administrator means a principal, director, manager, or other supervisor or leader within an elementary school or secondary school (as such terms are defined under section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )), State-based early education program, or childcare center. (2) Schools The term school means an early education program, childcare center, or elementary school or secondary school (as such terms are so defined) that is not an Internet- or computer-based community school. (f) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal years 2015 through 2020. 399V–7. Grants to provide for cardiac training and equipment in public elementary, middle, and secondary schools (a) Authority To make grants The Secretary, in consultation with the Secretary of Education, shall award grants to eligible local educational agencies— (1) to enable such local educational agencies to purchase AEDs and implement nationally recognized CPR and AED training courses; or (2) to enable such local educational agencies to award funding to eligible schools that are served by the local educational agency to purchase AEDs and implement nationally recognized CPR and AED training courses. (b) Use of funds An eligible local educational agency receiving a grant under this section, or an eligible school receiving grant funds under this section through an eligible local educational agency, shall use the grant funds— (1) to pay a nationally recognized training organization, such as the American Heart Association, the American Red Cross, or the National Safety Council, for instructional, material, and equipment expenses associated with the training necessary to receive CPR and AED certification in accordance with the materials and resources developed under section 399V–6(a)(3); or (2) if the local educational agency or an eligible school served by such agency meets the conditions described under subsection (c)(2), to purchase AED devices for eligible schools and pay the costs associated with obtaining the certifications necessary to meet the guidelines established in section 399V–6(a)(4). (c) Grant eligibility (1) Application To be eligible to receive a grant under this section, a local educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information and certifications as such Secretary may reasonably require. (2) AED training and allocation To be eligible to use grant funds to purchase AED devices as described in subsection (b)(2), an eligible local educational agency shall demonstrate to the Secretary that such local educational agency or an eligible school served by such agency has or intends to implement an AED training program in conjunction with a CPR training program and has or intends to implement an emergency cardiac response plan as of the date of the submission of the grant application. (d) Priority of award The Secretary shall award grants under this section to eligible local educational agencies based on one or more of the following priorities: (1) A demonstrated need for initiating a CPR or AED training program in an eligible school or a community served by an eligible school, which may include— (A) schools that do not already have an automated AED on school grounds; (B) schools in which there are a significant number of students on school grounds during a typical day, as determined by the Secretary; (C) schools for which the average time required for emergency medical services (as defined in section 330J(f)) to reach the school is greater than the average time required for emergency medical services to reach other public facilities in the community; and (D) schools that have not received funds under the Rural Access to Emergency Devices Act (42 U.S.C. 254c note). (2) A demonstrated need for continued support of an existing CPR or AED training program in an eligible school or a community served by an eligible school. (3) A demonstrated need for expanding an existing CPR or AED training program by adding training in the use of an AED. (4) Previously identified opportunities to encourage and foster partnerships with and among community organizations, including emergency medical service providers, fire and police departments, nonprofit organizations, public health organizations, parent-teacher associations, and local and regional youth sports organizations to aid in providing training in both CPR and AED usage and in obtaining AED equipment. (5) Recognized opportunities to maximize the use of funds provided under this section. (e) Matching funds required (1) In general To be eligible to receive a grant under this section, an eligible local educational agency shall provide matching funds from non-Federal sources in an amount equal to not less than 25 percent of the total grant amount. (2) Waiver The Secretary may waive the requirement of paragraph (1) for an eligible local educational agency if the number of children counted under section 1124(c)(1)(A) of the Elementary and Secondary Education Act of 1965 for the local educational agency is 20 percent or more of the total number of children aged 5 to 17, inclusive, served by the eligible local educational agency. (f) Definitions In this section: (1) Eligible local educational agency The term eligible local educational agency means a local educational agency, as defined in section 9101 of the Elementary and Secondary Education Act of 1965, that has established a plan to follow the guidelines and carry out the recommendations described under section 399V–6(a) regarding cardiac emergencies. (2) Eligible school The term eligible school means a public elementary, middle, or secondary school, including any public charter school that is considered a local educational agency under State law, and which is not an Internet- or computer-based community school. (g) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for each of the fiscal years 2015 through 2020. 399V–8. Requirement to include cardiac conditions in existing research and investigations The Director of the Centers for Disease Control and Prevention shall develop data collection methods, to be included in the School Health Policies and Practices Survey authorized under section 301, that are being carried out as of the date of enactment of the SAFE PLAY Act , to determine the degree to which school administrators, educators, school health professionals, coaches, families, and other appropriate individuals have an understanding of cardiac issues. Such data collection methods shall be designed to collect information about— (a) the ability to accurately identify early symptoms of a cardiac condition, such as cardiomyopathy, cardiac arrest, and sudden cardiac death; (b) the dissemination of training described in section 399V–6(a)(3) regarding the proper performance of cardiopulmonary resuscitation; and (c) the dissemination of guidelines and training described in section 399V–6(a)(4) regarding the placement and use of automatic external defibrillators. . 3. Prevention and treatment of youth athlete concussions Part E of title IX of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7881 et seq. ) is amended— (1) by striking the heading relating to subpart 2 and inserting the following: Subpart 3—Other Provisions ; and (2) by inserting after subpart 1, the following new subpart: 2 State requirements for the prevention and treatment of concussions 9511. Minimum state requirements (a) In general Beginning for fiscal year 2016, as a condition of receiving funds under this Act for a fiscal year, a State shall, not later than July 1 of the preceding fiscal year, certify to the Secretary in accordance with subsection (b) that the State has in effect and is enforcing a law or regulation that, at a minimum, establishes the following requirements: (1) Local educational agency concussion safety and management plan Each local educational agency in the State (including each public charter school that is considered a local educational agency under State law), in consultation with members of the community in which the local educational agency is located and taking into consideration the guidelines of the Centers for Disease Control and Prevention’s Pediatric Mild Traumatic Brain Injury Guideline Workgroup, shall develop and implement a standard plan for concussion safety and management for public schools served by the local educational agency that includes— (A) the education of students, school administrators, educators, coaches, youth sports organizations, parents, and school personnel about concussions, including— (i) training of school personnel on evidence-based concussion safety and management, including prevention, recognition, risk, academic consequences, and response for both initial and any subsequent concussions; and (ii) using, maintaining, and disseminating to students and parents release forms, treatment plans, observation, monitoring, and reporting forms, recordkeeping forms, and post-injury and prevention fact sheets about concussions; (B) supports for each student recovering from a concussion, including— (i) guiding the student in resuming participation in school-sponsored athletic activities and academic activities with the help of a multidisciplinary concussion management team, which shall include— (I) a health care professional, the parents of such student, and other relevant school personnel; and (II) an individual who is assigned by the public school in which the student is enrolled to oversee and manage the recovery of the student; (ii) providing appropriate academic accommodations aimed at progressively reintroducing cognitive demands on such student; and (iii) if the student's symptoms of concussion persist for a substantial period of time— (I) evaluating the student in accordance with section 614 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1414 ) to determine whether the student is eligible for services under part B of such Act ( 20 U.S.C. 1411 et seq. ); or (II) evaluating whether the student is eligible for services under section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ); and (C) best practices, as defined by national neurological medical specialty and sports health organizations, designed to ensure, with respect to concussions, the uniformity of safety standards, treatment, and management, including— (i) disseminating information on concussion safety and management to the public; and (ii) applying best practice and uniform standards for concussion safety and management to all students enrolled in the public schools served by the local educational agency. (2) Posting of information on concussions Each public school in the State shall post on school grounds, in a manner that is visible to students and school personnel, and make publicly available on the school website, information on concussions that— (A) is based on peer-reviewed scientific evidence or consensus (such as information made available by the Centers for Disease Control and Prevention); (B) shall include— (i) the risks posed by sustaining a concussion or multiple concussions; (ii) the actions a student should take in response to sustaining a concussion, including the notification of school personnel; and (iii) the signs and symptoms of a concussion; and (C) may include— (i) the definition of a concussion under section 9512(1); (ii) the means available to the student to reduce the incidence or recurrence of a concussion; and (iii) the effects of a concussion on academic learning and performance. (3) Response to a concussion If any school personnel of a public school in the State suspect that a student has sustained a concussion during a school-sponsored athletic activity or other school-sponsored activity— (A) the student shall be— (i) immediately removed from participation in such activity; and (ii) prohibited from resuming participation in school-sponsored athletic activities— (I) on the day the student sustained the concussion; and (II) until the day the student is capable of resuming such participation, according to the student's written release, as described in paragraphs (4) and (5); (B) the school personnel shall report to the concussion management team described under paragraph (1)(B)(i)— (i) that the student may have sustained a concussion; and (ii) all available information with respect to the student's injury; and (C) the concussion management team shall confirm and report to the parents of the student— (i) the type of injury, and the date and time of the injury, suffered by the student; and (ii) any actions that have been taken to treat the student. (4) Return to athletics If a student enrolled in a public school in the State sustains a concussion, before the student resumes participation in school-sponsored athletic activities, the relevant school personnel shall receive a written release from a health care professional, that— (A) may require the student to follow a plan designed to aid the student in recovering and resuming participation in such activities in a manner that— (i) is coordinated, as appropriate, with periods of cognitive and physical rest while symptoms of a concussion persist; and (ii) reintroduces cognitive and physical demands on the student on a progressive basis so long as such increases in exertion do not cause the re-emergence or worsening of symptoms of a concussion; and (B) states that the student is capable of resuming participation in such activities once the student is asymptomatic. (5) Return to academics If a student enrolled in a public school in the State has sustained a concussion, the concussion management team (as described under paragraph (1)(B)(i)) of the school shall consult with and make recommendations to relevant school personnel and the student to ensure that the student is receiving the appropriate academic supports, including— (A) providing for periods of cognitive rest over the course of the school day; (B) providing modified academic assignments; (C) allowing for gradual reintroduction to cognitive demands; and (D) other appropriate academic accommodations or adjustments. (b) Certification requirement The certification required under subsection (a) shall be in writing and include a description of the law or regulation that meets the requirements of subsection (a). 9512. Definitions In this subpart: (1) Concussion The term concussion means a type of mild traumatic brain injury that— (A) is caused by a blow, jolt, or motion to the head or body that causes the brain to move rapidly in the skull; (B) disrupts normal brain functioning and alters the physiological state of the individual, causing the individual to experience— (i) any period of observed or self-reported— (I) transient confusion, disorientation, or altered consciousness; (II) dysfunction of memory around the time of injury; or (III) disruptions in gait or balance; and (ii) symptoms that may include— (I) physical symptoms, such as headache, fatigue, or dizziness; (II) cognitive symptoms, such as memory disturbance or slowed thinking; (III) emotional symptoms, such as irritability or sadness; or (IV) difficulty sleeping; and (C) occurs— (i) with or without the loss of consciousness; and (ii) during participation— (I) in a school-sponsored athletic activity; or (II) in any other activity without regard to whether the activity takes place on school property or during the school day. (2) Health care professional The term health care professional means a physician (including a medical doctor or doctor of osteopathic medicine), registered nurse, athletic trainer, physical therapist, neuropsychologist, or other qualified individual— (A) who is registered, licensed, certified, or otherwise statutorily recognized by the State to provide medical treatment; and (B) whose scope of practice and experience includes the diagnosis and management of traumatic brain injury among a pediatric population. (3) Parent The term parent means biological or adoptive parents or legal guardians, as determined by applicable State law. (4) Public school The term public school means an elementary school or secondary school (as such terms are so defined), including any public charter school that is considered a local educational agency under State law, and which is not an Internet- or computer-based community school. (5) School personnel The term school personnel has the meaning given such term in section 4151, except that such term includes coaches and athletic trainers. (6) School-sponsored athletic activity The term school-sponsored athletic activity means— (A) any physical education class or program of a public school; (B) any athletic activity authorized by a public school that takes place during the school day on the school’s property; (C) any activity of an extracurricular sports team, club, or league organized by a public school; and (D) any recess activity of a public school. . 4. Heat advisory and heat acclimatization guidelines for secondary school athletics Part E of title IX of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7881 et seq. ) is amended by adding at the end the following: 9537. Heat advisory and heat acclimatization procedures (a) Materials and resources The Secretary, in consultation with the Secretary of Health and Human Services and the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, shall develop public education and awareness materials and resources to be disseminated to school administrators, school health professionals, coaches, families, and other appropriate individuals. The materials and resources shall include— (1) information regarding the health risks associated with exposure to excessive heat and excessive humidity, as defined by the National Weather Service; (2) tips and recommendations on how to avoid heat-related illness, including proper hydration and access to the indoors or cooling stations; and (3) strategies for heat-acclimatization that address the types and duration of athletic actives considered to be generally safe during periods of excessive heat. (b) Implantation of excessive heat action plan Public schools shall develop an excessive heat action plan to be used during all school-sponsored athletic activities that occur during periods of excessive heat and humidity. Such plan shall— (1) be in effect prior to full scale athletic participation by students, including any practices or scrimmages prior to the beginning of the school’s academic year; and (2) apply to days when an Excessive Heat Watch or Excessive Heat Warning or Advisory has been issued by the National Weather Service for the area in which the athletic event is to take place. . 5. Guidelines for emergency action plans for athletics The Secretary of Health and Human Services, working through the Director of the Centers for Disease Control and Prevention, and in consultation with the Secretary of Education, shall work with stakeholder organizations to develop recommended guidelines for the development of emergency action plans for youth athletics. Such plans shall include the following: (1) Identifying the characteristics of an athletic, medical, or health emergency. (2) Procedures for accessing emergency communication equipment and contacting emergency personnel, including providing directions to the specific location of the athletic venue that is used by the youth athletic group or organization. (3) Instructions for accessing and utilizing appropriate first-aid, CPR techniques, and emergency equipment, such as an automatic external defibrillator. 6. Guidelines for safe energy drink use by youth athletes (a) Development of guidelines Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, in collaboration with the Director of the Centers for Disease Control and Prevention and other related Federal agencies, may— (1) develop information about the ingredients used in energy drinks and the potential side effects of energy drink consumption; and (2) recommend guidelines for the safe use of energy drink consumption by youth, including youth participating in athletic activities. (b) Dissemination of guidelines Not later than 6 months after any information or guidelines are developed under subsection (a), the Secretary of Education, in coordination with the Commissioner of Food and Drugs, shall disseminate such information and guidelines to school administrators, educators, school health professionals, coaches, families, and other appropriate individuals. (c) Energy drink defined In this section the term energy drink means a class of products in liquid form, marketed as either a dietary supplement or conventional food under the Federal Food, Drug, and Cosmetic Act, for the stated purpose of providing the consumer with added physical or mental energy, and that contains— (1) caffeine; and (2) not less than one of the following ingredients: (A) Taurine. (B) Guarana. (C) Ginseng. (D) B vitamins such as cobalamin, folic acid, pyridoxine, or niacin. (E) Any other ingredient added for the express purpose of providing physical or mental energy, as determined during the development of guidelines in accordance with subsection (a). (d) Prohibition on restriction of marketing and sales of energy drinks Nothing in this section shall be construed to provide the Commissioner of Food and Drugs with authority to regulate the marketing and sale of energy drinks, beyond such authority as that Commissioner may have as of the date of enactment of this Act. 7. Research relating to youth athletic safety (a) Expansion of CDC Research Section 301 of the Public Health Service Act ( 42 U.S.C. 241 ) is amended by adding at the end the following: (f) The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall, to the extent practicable, expand, intensify, and coordinate the activities of the Centers for Disease Control and Prevention with respect to cardiac conditions, concussions, and heat-related illnesses among youth athletes. . (b) Report to Congress Not later than 6 years after the enactment of this Act, the Director of the Centers for Disease Control and Prevention and the Secretary of Education shall prepare and submit a joint report to Congress that includes information, with respect to the 5-year period beginning after the date of enactment of this Act, about— (1) the number of youth fatalities that occur while a youth is participating in an athletic activity, and the cause of each of those deaths; and (2) the number of catastrophic injuries sustained by a youth while the youth is participating in an athletic activity, and the cause of such injury. 8. Conforming amendments The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended— (1) by striking the item relating to the heading of subpart 2 of part E of title IX and inserting the following new item: 3 General provisions ; and (2) by inserting after the item relating to section 9506, the following new items: 2 State requirements for the prevention and treatment of concussions . 9511. Minimum state requirements 9512. Definitions .
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https://www.govinfo.gov/content/pkg/BILLS-113hr5324ih/xml/BILLS-113hr5324ih.xml
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113-hr-5325
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I 113th CONGRESS 2d Session H. R. 5325 IN THE HOUSE OF REPRESENTATIVES July 31, 2014 Mr. Cárdenas (for himself, Mr. Joyce , Mr. McGovern , Mr. Veasey , Mr. Ryan of Ohio , Mr. Enyart , and Mr. Butterfield ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Internal Revenue Code of 1986 to provide tax incentives to meet the needs of the American manufacturing workforce, and for other purposes.
1. Short title This Act may be cited as the American Manufacturing Workforce Act of 2014 . 2. Refundable Tax Credit for Unemployed Workers Obtaining Manufacturing Job Training (a) In general Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by inserting after section 36B the following new section: 36C. Unemployed workers obtaining manufacturing job training (a) In general In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year with respect to each eligible individual an amount equal to the eligible individual’s qualified training costs paid or incurred by the taxpayer during the taxable year. (b) Limitation The credit allowed under subsection (a) with respect to each eligible individual shall not exceed $1,000. (c) Definitions For purposes of this section— (1) Qualified training costs The term qualified training costs means expenses for tuition, fees, and course materials paid or incurred in qualified manufacturing training. (2) Qualified manufacturing training The term qualified manufacturing job training means training to develop or better skills for a manufacturing position in the manufacturing industry, as determined by the Secretary of Labor. (3) Eligible individual For purposes of this section, the term eligible individual means an individual who— (A) is the taxpayer or the taxpayer’s spouse or dependent, (B) is certified by the State employment security agency established in accordance with the Act of June 6, 1933, as amended ( 29 U.S.C. 49–49n ), as having been in receipt of unemployment compensation under State or Federal law on any day within the 1-year period ending on the date qualified manufacturing job training begins, and (C) has resided for the 6-month period preceding the date on which qualified manufacturing job training begins in one of the 15 States determined by the Secretary of Labor to be a State in which there are the greatest number of job opportunities in the manufacturing industry. (d) Denial of double benefit No credit shall be allowed under this section for any expense for which a deduction or credit is allowed under any other provision of this chapter. (e) Termination Subsection (a) shall not apply to amounts paid or incurred in taxable years beginning after December 31, 2020. . (b) Conforming amendments (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting 36C, after 36B, . (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36B the following new item: Sec. 36C. Unemployed workers obtaining manufacturing job training. . (c) Notice of credit The Commissioner of Internal Revenue shall provide notice on the website of the Internal Revenue Service of the availability of the credit established by subsection (a), and it is the sense of the Congress that other governmental job training and unemployment compensation entities shall also provide notice of such credit on their websites. (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2014. 3. Employer credit for employer provided adult education and manufacturing job training programs (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. Credit for employer-provided adult education and manufacturing job training programs (a) In general For the purposes of section 38, the education and training credit determined under this section for the taxable year is an amount equal to 20 percent of the aggregate qualified education and training expenses paid or incurred for each employee during the taxable year. (b) Limitation The credit allowed under subsection (a) with respect to any employee for a taxable year shall not exceed $1,000. (c) Qualified education and training expenses For purposes of this section, the term qualified education and training expenses means with respect to an employee amounts paid or incurred during the taxable year in providing education or training for manufacturing under the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ) or a curriculum approved by the Employment and Training Administration of the Department of Labor to individuals employed by the taxpayer in manufacturing positions (as determined by the Secretary of Labor). (d) Special rules (1) Denial of double benefit No deduction or credit shall be allowed under this chapter for the portion of the expenses that are taken into account in determining the credit under this section for the taxable year. (2) 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. (e) Election To have credit not apply A taxpayer may elect (at such time and in such manner as the Secretary may by regulations prescribe) to have this section not apply for any taxable year. (f) Termination This section shall not apply to expenses paid after December 31, 2020. . (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 education and training credit determined under section 45S(a). . (c) Technical amendment Section 6501(m) of the Internal Revenue Code of 1986 is amended by inserting 45S(e), after 45H(g), . (d) 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. Credit for employer-provided adult education and manufacturing job training programs. . (e) Effective dates The amendments made by this section shall apply to expenses paid or incurred in taxable years beginning after December 31, 2014. 4. Presidential award for business leadership in preparing workers for the manufacturing economy (a) Establishment There is established the Presidential Award for Business Leadership in Manufacturing Job Training (referred to in this section as the Presidential Manufacturing Job Training Award ), which shall be awarded to companies and other organizations for extraordinary efforts in assisting their employees and members to develop or better the manufacturing skills and training and increase the productivity of American manufacturing. (b) Selection and presentation of award (1) Selection The President shall periodically award the Presidential Manufacturing Job Training Award to companies and other organizations described in subsection (a) after reviewing recommendations to the President with respect to such award by the Secretary of Labor in consultation with the Secretary of Commerce. (2) Presentation The presentation of the Presidential Manufacturing Job Training Award shall be made by the President, or a designee of the President, in conjunction with an appropriate ceremony. 5. Best practices for manufacturing job training The Secretary of Labor shall, from time to time, collect and disseminate best practices for manufacturing job training.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5325ih/xml/BILLS-113hr5325ih.xml
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113-hr-5326
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I 113th CONGRESS 2d Session H. R. 5326 IN THE HOUSE OF REPRESENTATIVES July 31, 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 for dependent care savings accounts.
1. Short title This Act may be cited as the Dependent Care Savings Account Act of 2014 . 2. Dependent care savings accounts (a) In general Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating section 224 as section 225 and inserting after section 223 the following new section: 224. Dependent care savings accounts (a) Deduction allowed In the case of an individual, there shall be allowed as a deduction for the taxable year an amount equal to the aggregate amount paid in cash during such taxable year by or on behalf of the individual to a dependent care savings account of such individual. (b) Limitation (1) In general The amount allowable as a deduction under subsection (a) to an individual for the taxable year shall not exceed the lesser of— (A) $5,000, or (B) the individual’s earned income (within the meaning of section 21) for such taxable year. (2) Coordination with dependent care assistance benefits The limitation which would (but for this paragraph) apply under paragraph (1) to an individual for any taxable year shall be reduced (but not below zero) by the aggregate amount excludable from the individual’s gross income for such taxable year under section 129. (c) Dependent care savings account For purposes of this section— (1) In general The term dependent care savings account means a trust created or organized in the United States as a dependent care savings account exclusively for the purpose of paying the qualified dependent care expenses of the account beneficiary, but only if the written governing instrument creating the trust meets the following requirements: (A) Except in the case of a rollover contribution described in subsection (e)(5), no contribution will be accepted unless it is in cash, and contributions will not be accepted for the taxable year on behalf of any account beneficiary in excess of $10,000. (B) The trustee is a bank (as defined in section 408(n)) or such other person who demonstrates to the satisfaction of the Secretary that the manner in which such other person will administer the trust will be consistent with the requirements of this section. (C) No part of the trust assets will be invested in life insurance contracts. (D) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. (E) The interest of an individual in the balance in his account is nonforfeitable. (2) Qualified dependent care expenses The term qualified dependent care expenses means the employment-related expenses (as defined in section 21(b)(2)) of the account beneficiary with respect to any qualifying individual (as defined in section 21(b)(1)) of the account beneficiary. Such term includes qualified long-term care services (as defined in section 7702B(c)), and amounts paid for qualified long-term care insurance contracts (as defined in section 7702B(b)), with respect to such qualifying individuals of the account beneficiary. (3) Account beneficiary The term account beneficiary means the individual on whose behalf the dependent care savings account was established. (4) Certain rules to apply Rules similar to the following rules shall apply for purposes of this section: (A) Section 219(d)(2) (relating to no deduction for rollovers). (B) Except as provided in section 129, section 219(f)(3) (relating to time when contributions deemed made). (C) Section 219(f)(5) (relating to employer payments). (D) Section 223(b)(6) (relating to denial of deduction to dependents). (E) Section 408(g) (relating to community property laws). (F) Section 408(h) (relating to custodial accounts). (d) Tax treatment of accounts (1) In general A dependent care savings account is exempt from taxation under this subtitle unless such account has ceased to be a dependent care savings account. Notwithstanding the preceding sentence, any such account is subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc. organizations). (2) Account terminations Rules similar to the rules of paragraphs (2) and (4) of section 408(e) shall apply to dependent care savings accounts, and any amount treated as distributed under such rules shall be treated as not used to pay qualified dependent care expenses. (e) Tax treatment of distributions (1) Amounts used for qualified dependent care expenses Any amount paid or distributed out of a dependent care savings account which is used exclusively to pay qualified dependent care expenses of any account beneficiary shall not be includible in gross income. (2) Inclusion of amounts not used for qualified dependent care expenses Any amount paid or distributed out of a dependent care savings account which is not used exclusively to pay the qualified dependent care expenses of the account beneficiary shall be included in the gross income of such beneficiary. (3) Excess contributions returned before due date of return (A) In general If any excess contribution is contributed for a taxable year to any dependent care savings account of an individual, paragraph (2) shall not apply to distributions from the dependent care savings accounts of such individual (to the extent such distributions do not exceed the aggregate excess contributions to all such accounts of such individual for such year) if— (i) such distribution is received by the individual on or before the last day prescribed by law (including extensions of time) for filing such individual's return for such taxable year, and (ii) such distribution is accompanied by the amount of net income attributable to such excess contribution. Any net income described in clause (ii) shall be included in the gross income of the individual for the taxable year in which it is received. (B) Excess contribution For purposes of subparagraph (A), the term excess contribution means any contribution (other than a rollover contribution described in paragraph (5)) which is neither excludable from gross income under section 129 nor deductible under this section. (4) Additional tax on distributions not used for qualified dependent care expenses (A) In general The tax imposed by this chapter on the account beneficiary for any taxable year in which there is a payment or distribution from a dependent care savings account of such beneficiary which is includible in gross income under paragraph (2) shall be increased by 20 percent of the amount which is so includible. (B) Exception for disability or death Subparagraph (A) shall not apply if the payment or distribution is made after the account beneficiary becomes disabled within the meaning of section 72(m)(7) or dies. (5) Rollover contribution An amount is described in this paragraph as a rollover contribution if it meets the requirements of subparagraphs (A) and (B). (A) In general Paragraph (2) shall not apply to any amount paid or distributed from a dependent care savings account to the account beneficiary to the extent the amount received is paid into a dependent care savings account for the benefit of such beneficiary not later than the 60th day after the day on which the beneficiary receives the payment or distribution. (B) Limitation This paragraph shall not apply to any amount described in subparagraph (A) received by an individual from a dependent care savings account if, at any time during the 1-year period ending on the day of such receipt, such individual received any other amount described in subparagraph (A) from a dependent care savings account which was not includible in the individual's gross income because of the application of this paragraph. (6) Coordination with dependent care credit For purposes of determining the amount of the credit under section 21, any payment or distribution out of a dependent care savings account for qualified dependent care expenses shall not be treated as employment-related expenses. (7) Transfer of account incident to divorce; treatment after death Rules similar to the rules of paragraphs (7) and (8) of section 223 shall apply with respect to dependent care savings accounts. (f) Reports The Secretary may require the trustee of a dependent care savings account to make such reports regarding such account to the Secretary and to the account beneficiary with respect to contributions, distributions, the return of excess contributions, and such other matters as the Secretary determines appropriate. The reports required by this subsection shall be filed at such time and in such manner and furnished to such individuals at such time and in such manner as may be required by the Secretary. . (b) Deduction allowed in computing adjusted gross income Subsection (a) of section 62 of such Code is amended by inserting before the last sentence the following new paragraph: (22) Dependent care savings accounts The deduction allowed by section 224(a). . (c) Exclusion of employer contributions Section 129 of such Code is amended by adding at the end the following new subsection: (f) Contributions to dependent care savings accounts (1) In general Gross income of an employee does not include amounts contributed by an employee’s employer to any dependent care savings account (as defined in section 224) of such employee to the extent such amounts do not exceed the limitation under section 224(b)(1) which is applicable to such employee for such taxable year. (2) Cross reference For penalty on failure by employer to make comparable contributions to the dependent care savings accounts of comparable employees, see section 4980H. . (c) Tax on excess contributions Section 4973 of such Code is amended— (1) in subsection (a), by striking or at the end of paragraph (4), by adding or at the end of paragraph (5), and by inserting after paragraph (5) the following new paragraph: (6) a dependent care savings account (as defined in section 224), , and (2) by adding at the end the following new subsection: (h) Excess contributions to dependent care savings accounts For purposes of this section, in the case of dependent care savings accounts (as defined in section 224), the term excess contributions means the sum of— (1) the aggregate amount contributed for the taxable year to the accounts (other than a rollover contribution described in section 224(e)(5)) which is neither excludable from gross income under section 129 nor allowable as a deduction under section 224 for such year, and (2) the amount determined under this subsection for the preceding taxable year, reduced by the sum of— (A) the distributions out of the accounts which were included in gross income under section 224(e)(2), and (B) the excess (if any) of— (i) the maximum amount allowable as a deduction under section 224(b)(1) for the taxable year, over (ii) the amount contributed to the accounts for the taxable year. . (d) Failure of employer To make comparable dependent care savings account contributions Chapter 43 of such Code is amended by adding at the end the following new section: 4980H. Failure of employer to make comparable dependent care savings account contributions (a) General rule In the case of an employer who makes a contribution to the dependent care savings account of any employee during a calendar year, there is hereby imposed a tax on the failure of such employer to meet the requirements of subsection (b) for such calendar year. (b) Rules and requirements Rules and requirements similar to the rules and requirements of section 4980E shall apply for purposes of this section. (c) Regulations The Secretary shall issue regulations to carry out the purposes of this section. (d) Exception For purposes of applying section 4980E to a contribution to a dependent care savings account of an employee who is not a highly compensated employee (as defined in section 414(q)), highly compensated employees shall not be treated as comparable participating employees. . (e) Clerical amendments (1) The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by redesignating the item relating to section 224 as an item relating to section 225 and inserting before such item the following new item: Sec. 224. Dependent care savings accounts. . (2) The table of sections for chapter 43 such Code is amended by adding at the end the following new item: Sec. 4980H. Failure of employer to make comparable dependent care savings account contributions. . (f) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5326ih/xml/BILLS-113hr5326ih.xml
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113-hr-5327
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I 113th CONGRESS 2d Session H. R. 5327 IN THE HOUSE OF REPRESENTATIVES July 31, 2014 Mr. Cicilline (for himself, Ms. Norton , and Mr. Grijalva ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Fair Labor Standards Act of 1938 to prohibit work by children in tobacco-related agriculture as particularly hazardous oppressive child labor.
1. Tobacco-related agriculture employment of children Section 3(l) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203( l )) is amended by adding at the end the following: Any employment in which children under the age of 18 come into direct contact with tobacco plants or dried tobacco leaves shall be considered particularly hazardous oppressive child labor within the meaning of this subsection. .
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https://www.govinfo.gov/content/pkg/BILLS-113hr5327ih/xml/BILLS-113hr5327ih.xml
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113-hr-5328
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I 113th CONGRESS 2d Session H. R. 5328 IN THE HOUSE OF REPRESENTATIVES July 31, 2014 Mr. Coffman (for himself, Mr. Pearce , and Mr. Valadao ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to prohibit application of preexisting condition exclusions and to guarantee availability of health insurance coverage in the individual and group market, contingent on the enactment of legislation repealing the Patient Protection and Affordable Care Act, and for other purposes.
1. Short title This Act may be cited as the Guaranteed Health Coverage for Pre-Existing Conditions Act of 2014 . 2. Prohibition of preexisting condition exclusions (a) Group market Subpart 1 of part A of title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg et seq. ) is amended by striking section 2701 and inserting the following: 2701. Prohibition of preexisting condition exclusions (a) In General A group health plan or a health insurance issuer offering group health insurance coverage may not impose any preexisting condition exclusion with respect to such plan or coverage. (b) Definitions For purposes of this section: (1) Preexisting condition exclusion (A) In general The term preexisting condition exclusion means, with respect to a group health plan or health insurance coverage, a limitation or exclusion of benefits relating to a condition based on the fact that the condition was present before the date of enrollment in such plan or for such coverage, whether or not any medical advice, diagnosis, care, or treatment was recommended or received before such date. (B) Treatment of genetic information Genetic information shall not be treated as a preexisting condition in the absence of a diagnosis of the condition related to such information. (2) Date of enrollment The term date of enrollment means, with respect to an individual covered under a group health plan or health insurance coverage, the date of enrollment of the individual in the plan or coverage or, if earlier, the first day of the waiting period for such enrollment. (3) Waiting period The term waiting period means, with respect to a group health plan and an individual who is a potential participant or beneficiary in the plan, the period that must pass with respect to the individual before the individual is eligible to be covered for benefits under the terms of the plan. . (b) Individual market Subpart 1 of part B of title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg–41 et seq. ) is amended by adding at the end the following: 2746. Prohibition of preexisting condition exclusions or other discrimination based on health status The provisions of section 2701 shall apply to health insurance coverage offered to individuals by a health insurance issuer in the individual market in the same manner as it applies to health insurance coverage offered by a health insurance issuer in the group market. . 3. Guaranteed availability of coverage (a) Group market Subpart 3 of part A of title XXVII of the Public Health Service Act is amended by striking section 2711 ( 42 U.S.C. 300gg–11 ) and inserting the following: 2711. Guaranteed availability of coverage (a) Guaranteed issuance of coverage in the group market Subject to subsection (b), each health insurance issuer that offers health insurance coverage in the group market in a State shall accept every employer and every individual in a group in the State that applies for such coverage. (b) Enrollment (1) Restriction A health insurance issuer described in subsection (a) may restrict enrollment in coverage described in such subsection to open or special enrollment periods. (2) Establishment A health insurance issuer described in subsection (a) shall establish special enrollment periods for qualifying events (as such term is defined in section 603 of the Employee Retirement Income Security Act of 1974). . (b) Individual market Subpart 1 of part B of title XXVII of the Public Health Service Act is amended by striking section 2741 of such Act ( 42 U.S.C. 300gg–41 ) and inserting the following: 2741. Guaranteed availability of coverage The provisions of section 2711 shall apply to health insurance coverage offered to individuals by a health insurance issuer in the individual market in the same manner as such provisions apply to health insurance coverage offered to employers by a health insurance issuer in connection with health insurance coverage in the group market. For purposes of this section, the Secretary shall treat any reference of the word employer in such section as a reference to the term individual . . 4. Effective date contingent on repeal of PPACA (a) In general Sections 2 and 3 and the amendments made by such section shall take effect upon the enactment of PPACA repeal legislation described in subsection (b) and such sections and amendments shall have no force or effect if such PPACA repeal legislation is not enacted. (b) PPACA repeal legislation described For purposes of subsection (a), PPACA repeal legislation described in this subsection is legislation that— (1) repeals Public Law 111–148 , and restores or revives the provisions of law amended or repealed, respectively, by such Act as if such Act had not been enacted and without further amendment to such provisions of law; and (2) repeals title I and subtitle B of title II of the Health Care and Education Reconciliation Act of 2010 ( Public Law 111–152 ), and restores or revives the provisions of law amended or repealed, respectively, by such title or subtitle, respectively, as if such title and subtitle had not been enacted and without further amendment to such provisions of law.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5328ih/xml/BILLS-113hr5328ih.xml
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113-hr-5329
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I 113th CONGRESS 2d Session H. R. 5329 IN THE HOUSE OF REPRESENTATIVES July 31, 2014 Mr. Conaway (for himself, Mr. Lucas , Mr. Ribble , Mr. Neugebauer , Mr. Thompson of Pennsylvania , Mr. Thornberry , Mr. Pearce , and Mr. Crawford ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Endangered Species Act of 1973 to require establishment of objective numerical recovery goals for removal of species from lists of endangered species and threatened species under that Act, and for other purposes.
1. Short title This Act may be cited as the Accountable Recovery Act . 2. Objective numerical goals for removal of species from lists of endangered species and threatened species Section 4(f) of the Endangered Species Act of 1973 ( 16 U.S.C. 1533(f) ) is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking develop and and inserting , at the time of a determination in accordance with subsection (a), develop, make publicly available, and propose to ; and (B) in subparagraph (B)(ii), by inserting , including objective numerical recovery goals, after criteria ; and (2) by adding at the end the following: (5) (A) Before the end of the 30-day period beginning on the date the Secretary receives a petition from a State in which is located a species included in a list under subsection (c), or from any other interested State or other person, that objective numerical recovery goals required for the species under subsection (f)(1)(B)(ii) have been achieved, the Secretary may determine that the petition does not present such substantial information, or that such goals have not been achieved, and publish the reasons for such determination. (B) A species that is the subject of a petition referred to in subparagraph (A) is deemed to have been removed from the lists published under subsection (c) upon the end of such 30-day period if the Secretary has not issued a determination under subparagraph (A). .
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113-hr-5330
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I 113th CONGRESS 2d Session H. R. 5330 IN THE HOUSE OF REPRESENTATIVES July 31, 2014 Mr. Conyers (for himself, Mr. Rangel , Ms. Kaptur , Ms. Norton , Ms. Jackson Lee , Mr. Meeks , Ms. Wilson of Florida , and Ms. Lee of California ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to make the tax treatment for certain build America bonds permanent and to provide for recovery zone economic development bonds for certain cities, and for other purposes.
1. Short title This Act may be cited as the Bringing Urgent Investment to Local Development Act or the BUILD Act . 2. Build America Bonds made permanent; Recovery zone economic development bonds for certain cities (a) In general Subparagraph (B) of section 54AA(d)(1) of the Internal Revenue Code of 1986 is amended by inserting or during a period beginning on or after the date of the enactment of the Bringing Urgent Investment to Local Development Act , after January 1, 2011, . (b) Reduction in credit percentage to bondholders Subsection (b) of section 54AA of such Code is amended to read as follows: (b) Amount of credit (1) In general The amount of the credit determined under this subsection with respect to any interest payment date for a build America bond is the applicable percentage of the amount of interest payable by the issuer with respect to such date. (2) Applicable percentage For purposes of paragraph (1), the applicable percentage shall be determined under the following table: In the case of a bond issued The applicable during calendar year: percentage is: 2014 35 2015 32 2016 31 2017 30 2018 29 2019 and thereafter 28. . (c) Extension of payments to issuers (1) In general Section 6431 of such Code is amended— (A) by inserting or during a period beginning on or after the date of the enactment of the Bringing Urgent Investment to Local Development Act , after January 1, 2011, in subsection (a), and (B) by striking before January 1, 2011 in subsection (f)(1)(B) and inserting during a particular period . (2) Conforming amendments Subsection (g) of section 54AA of such Code is amended— (A) by inserting or during a period beginning on or after the date of the enactment of the Bringing Urgent Investment to Local Development Act , after January 1, 2011, , and (B) by striking qualified bonds issued before 2011 in the heading and inserting certain qualified bonds . (d) Reduction in percentage of payments to issuers Subsection (b) of section 6431 of such Code is amended— (1) by striking The Secretary and inserting the following: (1) In general The Secretary , (2) by striking 35 percent and inserting the applicable percentage , and (3) by adding at the end the following new paragraph: (2) Applicable percentage For purposes of this subsection, the term applicable percentage means the percentage determined in accordance with the following table: In the case of a qualified bond The applicable issued during calendar year: percentage is: 2014 35 2015 32 2016 31 2017 30 2018 29 2019 and thereafter 28. . (e) Recovery zone economic development bonds for certain cities (1) In general Section 54AA of such Code is amended by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following: (h) Special rule for recovery zone economic development bonds for certain cities In the case of an economic development extension bond— (1) Issuer allowed refundable credit In lieu of any credit allowed under this section with respect to such bond, the issuer of such bond shall be allowed a credit as provided in section 6431. (2) Applicable percentage The applicable percentage under subsection (b) shall be 35 percent. (3) Economic development extension bond For purposes of this subsection— (A) In general The term economic development extension bond means any build America bond issued as part of an issue if— (i) 100 percent of the excess of— (I) the available project proceeds (as defined in section 54A) of such issue, over (II) the amounts in a reasonably required reserve (within the meaning of section 150(a)(3)) with respect to such issue, are to be used for one or more qualified purposes, and (ii) the issuer makes an irrevocable election to have this subsection apply and designates such bond for purposes of this section. (B) Qualified purposes The term qualified purposes means— (i) any qualified economic development purpose (as defined in section 1400U–2(c), applied by treating specified cities (and only specified cities) as recovery zones), and (ii) any refinancing of indebtedness of a specified city which is outstanding on the date of the enactment of this subsection. (C) Specified city The term specified city means any principal city for a metropolitan statistical area (as determined by the Office of Management and Budget) which— (i) has an average unemployment rate of not less than 150 percent of the national average rate for the last calendar year ending before the date of the enactment of this section, (ii) has a poverty rate of not less that 150 percent of the national poverty rate for the last calendar year ending before the date of the enactment of this section, or (iii) has lost at least 20 percent of its population between calendar year 2000 and calendar year 2010. (D) Limitation on amount of bonds designated (i) In general The maximum aggregate face amount of bonds which may be designated under subparagraph (A) with respect to any specified city shall not exceed the bond limitation allocated to such city under clause (ii). (ii) Allocation The Secretary shall allocate bond limitation to each specified city such that the bond limitation allocated to such city bears the same proportion to $1,000,000,000 as the population of such city (as determined for purposes of the 2010 census) bears to the total population of all specified cities (as so determined). . (2) Payments to issuers Section 6431 of such Code is amended by adding at the end the following: (g) Application of section to certain economic development extension bonds (1) In general An economic development extension bond shall be treated as a qualified bond for purposes of this section. (2) Applicable percentage The applicable percentage under subsection (b) shall be 35 percent. . (f) Current refundings permitted Subsection (g) of section 54AA of such Code is amended by adding at the end the following new paragraph: (3) Treatment of current refunding bonds (A) In general For purposes of this subsection, the term qualified bond includes any bond (or series of bonds) issued to refund a qualified bond if— (i) the average maturity date of the issue of which the refunding bond is a part is not later than the average maturity date of the bonds to be refunded by such issue, (ii) the amount of the refunding bond does not exceed the outstanding amount of the refunded bond, and (iii) the refunded bond is redeemed not later than 90 days after the date of the issuance of the refunding bond. (B) Applicable percentage In the case of a refunding bond referred to in subparagraph (A), the applicable percentage with respect to such bond under section 6431(b) shall be the lowest percentage specified in paragraph (2) of such section. (C) Determination of average maturity For purposes of subparagraph (A)(i), average maturity shall be determined in accordance with section 147(b)(2)(A). (D) Issuance restriction not applicable Subsection (d)(1)(B) shall not apply to a refunding bond referred to in subparagraph (A). . (g) Gross-Up of payment to issuers in case of sequestration In the case of any payment under section 6431(b) of the Internal Revenue Code of 1986 made after the date of the enactment of this Act to which sequestration applies, the amount of such payment shall be increased to an amount equal to— (1) such payment (determined before such sequestration), multiplied by (2) the quotient obtained by dividing 1 by the amount by which 1 exceeds the percentage reduction in such payment pursuant to such sequestration. For purposes of this subsection, the term sequestration means any reduction in direct spending ordered in accordance with a sequestration report prepared by the Director of the Office and Management and Budget pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 or the Statutory Pay-As-You-Go Act of 2010. (h) Effective date The amendments made by this section shall apply to obligations issued on or after the date of the enactment of this Act.
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113-hr-5331
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I 113th CONGRESS 2d Session H. R. 5331 IN THE HOUSE OF REPRESENTATIVES July 31, 2014 Mr. Cook (for himself, Ms. Bass , Mr. Becerra , Mr. Bera of California , Ms. Brownley of California , Mr. Calvert , Mr. Campbell , Mrs. Capps , Mr. Cárdenas , Ms. Chu , Mr. Costa , Mrs. Davis of California , Mr. Denham , Ms. Eshoo , Mr. Farr , Mr. Garamendi , Ms. Hahn , Mr. Honda , Mr. Huffman , Mr. Hunter , Mr. LaMalfa , Ms. Lee of California , Ms. Lofgren , Mr. Lowenthal , Ms. Matsui , Mr. McCarthy of California , Mr. McClintock , Mr. McKeon , Mrs. Negrete McLeod , Mr. McNerney , Mr. Gary G. Miller of California , Mr. George Miller of California , Mrs. Napolitano , Mr. Nunes , Ms. Pelosi , Mr. Peters of California , Mr. Rohrabacher , Ms. Roybal-Allard , Mr. Royce , Mr. Ruiz , Ms. Linda T. Sánchez of California , Ms. Loretta Sanchez of California , Mr. Schiff , Mr. Sherman , Ms. Speier , Mr. Swalwell of California , Mr. Takano , Mr. Thompson of California , Mr. Valadao , Mr. Vargas , Ms. Waters , and Mr. Waxman ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To designate the facility of the United States Postal Service located at 73839 Gorgonio Drive in Twentynine Palms, California, as the Colonel M.J. Mac Dube, USMC Post Office Building .
1. Colonel M.J. Mac Dube, USMC Post Office Building (a) Designation The facility of the United States Postal Service located at 73839 Gorgonio Drive in Twentynine Palms, California, shall be known and designated as the Colonel M.J. Mac Dube, USMC Post Office Building . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Colonel M.J. Mac Dube, USMC Post Office Building .
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113-hr-5332
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I 113th CONGRESS 2d Session H. R. 5332 IN THE HOUSE OF REPRESENTATIVES July 31, 2014 Mr. Crowley introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To promote identification of veterans and their health needs in furnishing of items and services under the Medicare, Medicaid, and other programs, and for other purposes.
1. Short title; findings (a) Short title This Act may be cited as the Serving America’s Veterans Effectively Act of 2014 or the SAVE Act of 2014 . (b) Findings Congress makes the following findings: (1) Veterans often have unique health needs that may be related to their service to the American people and may be more at risk for certain conditions, including cancer, infectious diseases, musculoskeletal problems, post-traumatic stress disorder, traumatic brain injury, dermatological problems, reproductive health issues, and other conditions. (2) As part of a detailed patient history, knowing whether or not a patient is a veteran helps a physician to make accurate treatment recommendations or carry out needed screenings. (3) If a physician is not aware that a patient is a veteran, the physician may not think to perform recommended screenings or be able to diagnose symptoms that at first seemed unconnected. As a result, the patient and the patient’s family may suffer as medical problems go undiagnosed or misdiagnosed. (4) Physicians routinely ask about similar types of patient history that can affect current health status, such as whether a patient has a family history of certain conditions or was exposed to certain environmental factors. Questions about veteran status give patients the opportunity to voluntarily answer with information that can help their physicians better establish a course of treatment. (5) Making the question of whether a patient served in the Armed Forces part of consistently used frameworks, such as the “Welcome to Medicare” physical examination and Medicare Electronic Health Record program, ensures that it will become part of clinicians’ routine for new patients. (6) While many physicians, such as those working at Department of Veterans Affairs facilities, may already be aware of their patients’ experiences in the Armed Forces, there are indications that as much as 70 percent of veterans seek care from other facilities. (7) Many organizations serving both veterans and health care professionals currently work to educate health providers on the health needs of veterans and appropriate medical care that should be provided. Additional Federal support is needed to ensure that all physicians are properly prepared to diagnose and treat patients upon learning that they have served in the Armed Forces. 2. Activities to promote identification and awareness of veterans health needs in furnishing items and services under Medicare, Medicaid, and other programs (a) Inclusion of veteran status in patient information for meaningful use of electronic health records under Medicare and Medicaid In establishing regulations regarding what constitutes meaningful use with respect electronic health records in applying sections 1848(o), 1853(m), 1886(b)(3)(B)(ix), and 1886(n)(3) of the Social Security Act ( 42 U.S.C. 1395w–4(o) , 1395w–23(m), 1395ww(b)(3)(B)(ix), 1395ww(n)(3)) and related provisions of title XIX of such Act, the Secretary of Health and Human Services shall include in the patient information required for meaningful use whether or not the patient served in the Armed Forces. (b) Identification of veterans as part of individual history in Welcome to Medicare visit In carrying out section 1861(ww) of the Social Security Act ( 42 U.S.C. 1395x(ww) ), the Secretary of Health and Human Services shall include, as a component of reviewing an individual’s medical and social history under an initial preventive physical examination under section 410.16 of title 42, Code of Federal Regulations, an inquiry as to whether the individual served in the Armed Forces and any relevant circumstances relating to that individual’s service that may bear on the medical or social condition of that individual. (c) Additional activities To improve awareness of veterans’ health care needs The Secretary of Health and Human Services shall take such additional actions, otherwise authorized under law, as may be appropriate to promote awareness, among non-governmental physicians in their furnishing services, of the special circumstances and health care needs of veterans. 3. Grants for provider education on health treatment for veterans (a) In general The Secretary of Health and Human Services may make grants to organizations for the purpose of educating health care providers on appropriate health care treatment for patients who have served in the Armed Forces. Such grants shall be awarded under such terms and conditions as the Secretary shall specify. (b) Authorization of appropriations There are authorized to be appropriated $10,000,000 to carry out this section, which shall remain available until expended.
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113-hr-5333
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I 113th CONGRESS 2d Session H. R. 5333 IN THE HOUSE OF REPRESENTATIVES July 31, 2014 Mr. Daines introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to ensure that a service animal of a patient receiving inpatient medical care at a medical facility of the Department of Veterans Affairs is able to access the room of the patient.
1. Short title This Act may be cited as the Expanding Access for Veterans’ Service Animals Act . 2. Access of service animals at medical facilities of Department of Veterans Affairs (a) Sense of Congress It is the sense of Congress that— (1) certified therapeutic animals should be provided the same access to facilities of the Department of Veterans Affairs as service animals; and (2) to ensure such access, the Secretary of Veterans Affairs should create and implement a certification process for therapeutic animals that mitigate the effects of a medically diagnosed mental health condition. (b) Access of service animals to medical facilities Section 901(f) of title 38, United States Code, is amended— (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following new paragraph (2): (2) (A) Except as provided by subparagraph (B), the Secretary may not prohibit a covered service dog, or any other service animal that is allowed to access medical facilities of the Department, of a patient who is receiving inpatient care at a medical facility of the Department from accessing the room of the patient, including with respect to staying overnight. (B) In carrying out subparagraph (A), the Secretary may prescribe regulations to ensure the safety and health of employees of the Department, patients, and the public, including by requiring that a patient maintain responsibility for the covered service dog or service animal. .
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113-hr-5334
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I 113th CONGRESS 2d Session H. R. 5334 IN THE HOUSE OF REPRESENTATIVES July 31, 2014 Mr. Delaney introduced the following bill; which was referred to the Committee on House Administration , and in addition to the Committees on 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 require all candidates for election for the office of Member of the House of Representatives to run in a single open primary regardless of political party preference, to limit the ensuing general election for such office to the two candidates receiving the greatest number of votes in such single open primary, and for other purposes.
1. Short title This Act may be cited as the Open Our Democracy Act of 2014 . 2. Election of Members of House of Representatives Through Open Primaries (a) Rules for Election of House Members A candidate for election for the office of Member of the House of Representatives shall be elected to such office pursuant to the following elections held by the State in which the candidate seeks election: (1) A single open primary election for such office held in accordance with subsection (b). (2) A single general election for such office held in accordance with subsection (c). (b) Open Primaries Each State shall hold a single open primary election for each office of Member of the House of Representatives in the State under which— (1) each candidate for such office, regardless of the candidate’s political party preference, shall appear on a single ballot; and (2) each voter in the State who is eligible to vote in elections for Federal office in the Congressional district involved may cast a ballot in the election, regardless of the voter’s political party preference. (c) General Election Each State shall hold a general election for each office of Member of the House of Representatives in the State under which the 2 candidates receiving the greatest number of votes in the single open primary election for such office (as described in subsection (b)), without regard to the political party preference of such candidates, shall be the only candidates appearing on the ballot. 3. Ability of candidates to disclose political party preferences (a) Option of Candidates To Declare Political Party Preference At the time a candidate for the office of Member of the House of Representatives files to run for such office, the candidate shall have the option of declaring a political party preference, and the preference chosen (if any) shall accompany the candidate’s name on the ballot for the election for such office. (b) Designation for Candidates Not Declaring Preference If a candidate does not declare a political party preference under subsection (a), the designation No Party Preference shall accompany the candidate’s name on the ballot for the election for such office. (c) No Party Endorsement Implied The selection of a party preference by a candidate under subsection (a) shall not constitute or imply endorsement of the candidate by the party designated, and no candidate in a general election shall be deemed the official candidate of any party by virtue of his or her selection in the primary. 4. Protection of Rights of Political Parties Nothing in this Act shall restrict the right of individuals to join or organize into political parties or in any way restrict the right of private association of political parties. Nothing in this Act shall restrict a party’s right to contribute to, endorse, or otherwise support a candidate for the office of Member of the House of Representatives. A political party may establish such procedures as it sees fit to endorse or support candidates or otherwise participate in all elections, and may informally designate candidates for election to such an office at a party convention or by whatever lawful mechanism the party may choose, other than pursuant to a primary election held by a State. A political party may also adopt such rules as it sees fit for the selection of party officials (including central committee members, presidential electors, and party officers), including rules restricting participation in elections for party officials to those who disclose a preference for that party at the time of registering to vote. 5. Treatment of election day in same manner as legal public holiday for purposes of Federal employment (a) In General For purposes of any law relating to Federal employment, the Tuesday next after the first Monday in November in 2016 and each even-numbered year thereafter shall be treated in the same manner as a legal public holiday described in section 6103 of title 5, United States Code. (b) Sense of Congress regarding treatment of day by private employers It is the sense of Congress that private employers in the United States should give their employees a day off on the Tuesday next after the first Monday in November in 2016 and each even-numbered year thereafter to enable the employees to cast votes in the elections held on that day. 6. Study of national standards and criteria for Congressional redistricting (a) Study The Comptroller General shall conduct a study of the feasibility and desirability of enacting national standards and criteria for Congressional redistricting. (b) Report to Congress Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit a report to Congress on the study conducted under subsection (a). 7.5 Before January 1, 1999. 7.75 January 1, 1999, to December 31, 1999. 7.9 January 1, 2000, to December 31, 2000. 7.55 After January 11, 2003. 7. Member defined In this Act, the term Member of the House of Representatives included a Delegate or Resident Commissioner to the Congress. 8. Effective date Except as provided in sections 5(a) and 6(b), this Act shall apply with respect to elections occurring during 2016 or any succeeding year.
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113-hr-5335
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I 113th CONGRESS 2d Session H. R. 5335 IN THE HOUSE OF REPRESENTATIVES July 31, 2014 Mr. Deutch introduced the following bill; which was referred to the Committee on Science, Space, and Technology , 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 promote marine and hydrokinetic renewable energy research and development, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Marine and Hydrokinetic Renewable Energy Promotion Act of 2014 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Marine and hydrokinetic renewable energy research and development program. Sec. 3. Test facilities. Sec. 4. National Marine and Hydrokinetic Renewable Energy Research, Development, and Demonstration Centers. Sec. 5. Marine-based energy device verification program. Sec. 6. Adaptive management and environmental grant program. Sec. 7. Administration. Sec. 8. Authorization of appropriations. 2. Marine and hydrokinetic renewable energy research and development program Section 633(a) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17212(a) ) is amended— (1) in paragraph (13), by striking ; and and inserting a semicolon; (2) in paragraph (14), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (15) (A) apply advanced systems engineering and system integration methods to identify critical interfaces and develop open standards for marine and hydrokinetic renewable energy; (B) transfer the resulting environmental data to industry stakeholders as public information through published interface definitions, standards, and demonstration projects; and (C) develop incentives for industry to comply with the standards. . 3. Test facilities Section 633 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17212 ) is amended by adding at the end the following: (c) Test facilities (1) In general In carrying out this section, not later than 180 days after the date of enactment of this subsection, the Secretary shall award competitive grants to support 4 or more geographically dispersed marine and hydrokinetic renewable energy technology research, development, and demonstration test facilities for the demonstration of multiple technologies in actual operating marine environments (including industry demonstrations). (2) Preference In awarding competitive grants under this subsection, the Secretary shall give preference to existing marine and hydrokinetic testing facilities and existing Centers established under section 634. (3) Facilities Grants under this subsection may support— (A) modification of an existing facility (including a Center established under section 634); or (B) construction of a new test facility. (4) Program objectives In awarding grants under this subsection, the Secretary shall provide for the demonstration of— (A) a variety of technologies at each test facility; (B) a variety of technologies among all of the test facilities established; and (C) technologies on a variety of scales. (5) Activities Each test facility established under this subsection shall— (A) provide infrastructure and resources for the evaluation and technical viability testing of marine and hydrokinetic renewable energy technologies; and (B) conduct and support research, development, and demonstration activities with respect to marine and hydrokinetic renewable energy technologies. (6) Eligibility To be eligible for a grant under this subsection, an applicant for a grant shall— (A) be— (i) a nonprofit institution; (ii) a State or local government; (iii) an institution of higher education; (iv) university consortia; (v) a National Laboratory; or (vi) a Center established under section 634; and (B) demonstrate to the satisfaction of the Secretary the ability and intention to— (i) combine expertise from relevant academic fields, including fields relating to— (I) the environment; (II) marine and riverine sciences; (III) energy; (IV) ocean engineering; and (V) electrical, mechanical, and civil engineering; and (ii) partner with other entities (including industry) that have expertise in advancing marine and hydrokinetic renewable energy technologies. . 4. National Marine and Hydrokinetic Renewable Energy Research, Development, and Demonstration Centers Section 634 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17213 ) is amended— (1) in the section heading, by inserting and Hydrokinetic after Marine ; (2) in the first sentence of subsection (a), by inserting and Hydrokinetic after Marine ; and (3) by striking subsection (b) and inserting the following: (b) Purposes The Centers— (1) shall— (A) advance research, development, demonstration, and commercial application of marine and hydrokinetic renewable energy technologies; and (B) serve as information clearinghouses for the marine and hydrokinetic renewable energy industry by collecting and disseminating information on best practices in all areas relating to developing and managing marine and hydrokinetic renewable energy technologies; and (2) may serve as technology test facilities established under section 633(c). . 5. Marine-based energy device verification program The Energy Independence and Security Act of 2007 ( 42 U.S.C. 17211 et seq. ) is amended— (1) by redesignating sections 635 and 636 ( 42 U.S.C. 17214 , 17215) as sections 638 and 639, respectively; and (2) by inserting after section 634 ( 42 U.S.C. 17213 ) the following: 635. Marine-based energy device verification program (a) Establishment The Secretary shall establish a marine-based energy device verification program to provide a bridge from the marine and hydrokinetic renewable energy capture device design and development efforts underway across the industry to commercial deployment of marine and hydrokinetic renewable energy devices. (b) Purposes The purposes of the program are to fund, facilitate the development and installation of, and evaluate marine and hydrokinetic renewable energy projects, in partnership with Federally Funded Research and Development Centers, and in conjunction with Centers established under section 634, universities and other institutions of higher education, private business entities, and other appropriate organizations, in order— (1) to increase marine and hydrokinetic renewable energy experience; and (2) to build and operate enough candidate devices to obtain statistically significant operating and maintenance data. (c) Objectives The objectives of the program shall include— (1) verifying the performance, reliability, maintainability, and cost of new marine and hydrokinetic renewable energy device designs and system components in an operating environment; (2) providing States, regulators, utilities, and other stakeholders with a valid opportunity to test and evaluate marine and hydrokinetic renewable energy technology in new areas; (3) documenting and communicating the experience from those projects for the benefit of utilities, independent power producers, other nonutility generators, device suppliers, and others in the marine and hydrokinetic renewable energy development community; and (4) resolving environmental issues through robust characterization, reliable impact prediction, effective monitoring, development, and use of adaptive management, and informing engineering design to improve environmental performance. . 6. Adaptive management and environmental grant program The Energy Independence and Security Act of 2007 ( 42 U.S.C. 17211 et seq. ) (as amended by section 5) is amended by inserting after section 635 the following: 636. Adaptive management and environmental grant program (a) Findings Congress finds that— (1) the use of marine and hydrokinetic renewable energy technologies can reduce contributions to global warming; (2) marine and hydrokinetic renewable energy technologies can be produced domestically; (3) marine and hydrokinetic renewable energy is a nascent industry; and (4) the United States must work to promote new renewable energy technologies that reduce contributions to global warming gases and improve domestic energy production. (b) Grant program (1) In general As soon as practicable after the date of enactment of this subsection, the Secretary shall establish a program under which the Secretary shall award grants to eligible entities— (A) to advance the development of marine and hydrokinetic renewable energy; (B) to help fund the costs of environmental analysis affecting the deployment of marine hydrokinetic devices; (C) to help enable the eligible entities— (i) to gather and collect the types of environmental data that are required when working in a public resource (including the waterways and oceans of the United States); and (ii) to monitor the impacts of demonstration projects and make the resulting information available for widespread dissemination to aid future projects; and (D) to help fund the cost of advancing renewable marine and hydrokinetic technologies in ocean and riverine environments from demonstration projects to development and deployment. (2) Application To be eligible to receive a grant under this paragraph, an entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. . 7. Administration The Energy Independence and Security Act of 2007 ( 42 U.S.C. 17211 et seq. ) (as amended by section 6) is amended by inserting after section 636 the following: 637. Administration (a) In general In carrying out this subtitle, the Secretary shall— (1) coordinate and avoid duplication of activities across programs of the Department and other applicable Federal agencies, including the National Laboratories; (2) collaborate with (as applicable)— (A) industry; (B) stakeholders; (C) other Federal agencies, including the National Laboratories; (D) academic institutions; and (E) international bodies with relevant scientific expertise; and (3) obtain from the recipient of assistance and make available to the public, through Web sites, reports, and databases of the Department, any research, development, demonstration, and commercial application information produced with respect to supported technology, including information obtained after the completion of supported activities, except to the extent that the information is protected from disclosure under section 552(b) of title 5, United States Code. (b) Reports Not later than 1 year after the date of enactment of this section and at least once every 2 years thereafter, the Secretary shall submit to Congress a report on findings and activities conducted under this subtitle. . 8. Authorization of appropriations Section 639 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17215 ) (as redesignated by section 5(1)) is amended to read as follows: 639. Authorization of appropriations (a) In general There is authorized to be appropriated to carry out this subtitle, to remain available until expended— (1) $70,000,000 for fiscal year 2015; and (2) $75,000,000 for fiscal year 2016. (b) Renewable energy funds No funds shall be appropriated under this section for activities that are receiving funds under section 931(a)(2)(E)(i) of the Energy Policy Act of 2005 ( 42 U.S.C. 16231(a)(2)(E)(i) ). .
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113-hr-5336
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I 113th CONGRESS 2d Session H. R. 5336 IN THE HOUSE OF REPRESENTATIVES July 31, 2014 Ms. Duckworth (for herself, Mr. Stivers , Mr. Cuellar , and Ms. Hahn ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To establish or integrate an online significant event tracker (SET) system for tracking, reporting, and summarizing exposures of members of the Armed Forces, including members of the reserve components thereof, to traumatic events, and for other purposes.
1. Short title This Act may be cited as the Mental Health Exposure Military Official Record Act of 2014 . 2. Purpose The purpose of this Act is to implement a significant event tracker (SET) system to train and enable members of the Armed Forces, including members of the reserve components thereof, to track exposures to traumatic events and address mental health issues during and after service. 3. Definitions In this Act: (1) Unit commander defined The term unit commander means the first individual in the chain of command with authority over the member concerned under the Uniform Code of Military Justice. (2) Reportable event The term reportable event includes— (A) a kinetic combat patrol; (B) witnessed loss of life, dismemberment, or significant physical injury in a combat operation, expeditionary operation, or peacetime regular training; (C) an injury or exposure that may constitute a traumatic brain injury (TBI), including a concussive or mechanical event involving the head that occurs in a combat operation, expeditionary operation, or peacetime regular training; (D) victimization or witnessing of a sexual assault; and (E) any other event determined by the Secretary of Defense to be potentially traumatic to an affected individual. (3) Reserve component The term reserve component means a reserve component of the Armed Forces named in section 10101 of title 10, United States Code. 4. Requirement to implement SET system Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations to implement the significant event tracker system described under section 5 (in this Act referred to as the SET system ). 5. Significant event tracker (SET) system (a) Establishment The Secretary of Defense shall establish a SET system to track, report, and summarize individual exposures to traumatic events for the purpose of enabling former members of the Armed Forces, including members of the reserve components thereof, to show evidence of possible traumatic events incurred during their service. (b) Recording of events (1) Responsibility (A) Unit commanders A unit commander may enter reportable events that affect the entire unit and its members or delegate to a leader of a subunit of the unit commander's command the entry of reportable events affecting the subunit. (B) Individual reporting A unit commander may choose to delegate event reporting to the individual members of units who are employed as short-term, temporary (less than 30 days) detachments and individual augments which, by the nature of their mission, preclude the persistent inclusion in one common reviewing unit. The delegation may be until a predetermined date such as the end of a deployment or on a 30-day basis, as determined by the unit commander. (C) Medical treatment facility A medical treatment facility may directly enter a reportable event affecting a member of the Armed Forces undergoing treatment at such facility for an injury identified by a military medical personnel or as reported by a member of the Armed Forces to such an individual. (D) Military law enforcement Military law enforcement may directly enter a reportable event involving victimization or witnessing of a sexual assault. (E) Reporting of outside incidents The Secretary of Defense shall issue guidance regarding the entry of reportable events involving members of the Armed Forces that occur while in duty status outside of military installations and are initially reported to local non-military law enforcement or non-military medical treatment facilities. (F) Reporting of previous incidents for currently serving servicemembers The Secretary of Defense shall issue guidance regarding the potential entry of past reportable events involving currently serving members of the Armed Forces that occurred earlier in their career. (2) Included information Each entry for a reportable event shall include the following information: (A) Name, date, location, and unit. (B) Duty status. (C) Type of event. (D) Whether a physical injury was sustained as a result, and if so, the extent of such injury. (E) Other information as required by the Secretary of Defense. (c) Verification of events (1) Events reported by individuals (A) In general A reportable event entered by an individual member under subsection (b)(1)(B) shall be reviewed by the unit commander for purposes of verifying, contesting, or denying the event. (B) Verification tools In reviewing reportable events under subparagraph (A), the unit commander shall use all available verification tools, including Department of Defense reports, unit logs, reports from creditable witnesses such as patrol leaders, and any other evidence deemed appropriate by the unit commander. (C) Guidance The Secretary of Defense shall issue guidance designed to ensure that entries submitted to a unit commander for review are handled accurately with discretion and in a timely fashion while recognizing the challenges posed by operational tempo and competing time demands. (2) Events reported by the unit commanders or delegates Reportable events entered by a unit commander or delegate under subsection (b)(1)(A), other than reportable events involving victimization or witnessing of a sexual assault, shall be submitted directly to the respective unit’s commanding officer for review under subsection (d). Reportable events involving victimization or witnessing of a sexual assault shall be submitted directly to the secure central tracking database under subsection (e). (3) Events reported by medical treatment facilities Reportable events entered by medical treatment facilities under subsection (b)(1)(C) shall be submitted directly to the secure central tracking database under subsection (e). (4) Events reported by military law enforcement Reportable events entered by military law enforcement under subsection (b)(1)(D) shall be submitted directly to the secure central tracking database under subsection (e). (d) Command review (1) Authority and responsibility The commanding officer shall have responsibility for reviewing and determining the disposition of a reportable event involving the member submitted pursuant to paragraph (1) or (2) of subsection (c), other than a reportable event involving victimization or witnessing of a sexual assault, and submitting the event and such determination to the secure central tracking database under subsection (e). (2) Disposition The commanding officer shall, in accordance with guidance issued by the Secretary of Defense, assign to each such reportable event one of the following designations: (A) Approved, in the case of clear documentation and verification of the facts and the individual’s exposure. (B) Approved/Contested, in the case of clear documentation and verification of the occurrence of the event, but where the commanding officer has reasonable doubt for approval of the reportable event. (C) Denied/Contested, in the case of questionable documentation or verification, but where the commanding officer has reasonable doubt for denial of the reportable event. (D) Denied, in the case of no clear evidence of the facts or the member's exposure. (3) Non-removal of designation Each reportable entry reviewed under this subsection shall be entered into the secure central tracking database and may not be removed or deleted, regardless of designation. (e) Secure central tracking database (1) Storage of information (A) In general All reportable events shall be submitted to a secure central tracking database, either indirectly pursuant to subsection (d), or directly pursuant to paragraph (3) or (4) of subsection (c) or, in the case of a reportable event involving victimization or witnessing of a sexual assault, paragraph (2) of subsection (c). The database shall serve as the central repository for all reportable events relating to a member of the Armed Forces, including for purposes of preparing the member's official SET record upon separation from service. (B) Treatment of information (i) Classified and sensitive operations The secure central tracking database shall include measures to ensure that information related to classified and sensitive operations is coded so as to document the event without violating operational security concerns. (ii) Sexual assault cases The secure central tracking database shall include measures to ensure that information related to sexual assault cases in the secure central tracking database is coded in order to protect privacy and to correctly reflect the status, and protect the integrity, of ongoing investigations. (iii) Confidentiality of individual records An individual member’s complete SET record and individual entries may not be reviewed by the member's unit commander or the chain of command, and may not be used by anyone for the purpose of evaluating promotion, reenlistment, or assignment issues. (C) Use by medical treatment facilities Medical treatment facilities shall be provided access to the secure central tracking database for purposes of entering reportable events under subsection (b)(1)(C) and consulting for diagnoses. (D) Use by military law enforcement and criminal investigative services Military law enforcement and criminal investigative services shall be provided general access to the secure central tracking database for purposes of entering reportable events under section (b)(1)(D) and to a limited summary for purposes of diagnosing patterns and trends related to crimes committed inside their jurisdiction. The summary shall not include specific information about events, evidence, or individual members, including private personal information such as names and social security numbers. (E) Access to individual records for purposes of military and non-military disciplinary and judicial proceedings (i) In general An individual member’s complete SET record and individual entries may, with the explicit consent of the member, be reviewed, evaluated, and shared with— (I) in the case of a military disciplinary or judicial hearing or proceeding, the member’s military and civilian legal representative or representatives, unit commander, or military judge for the purpose of addressing concerns related to such hearing or proceeding; and (II) in the case of a non-military disciplinary or judicial hearing or proceeding, the member’s civilian legal representative or representatives for the purpose of addressing concerns related to such hearing or proceeding. (ii) Access in cases of mental incapacity The Secretary of Defense shall provide guidance for questions related to the accessing a servicemember’s SET record for servicemembers who have been determined to be mentally incapable and thus are unable to provide their own consent or objection to the release of personal information. (F) Unit commander review (i) In general Except as provided in clause (ii), unit commanders may only view individual pending entries that have been submitted to them for review and designation, and may not view previous entries that have already been reviewed and designated. (ii) Administrative access Unit commanders may only access entries that have already been reviewed, designated, and entered into the secure central database by that individual commander in order to correct roster entries for subunits, provide additional post-incident documentation, or take such other administrative actions as may be determined appropriate by the Secretary of Defense. In no instance may such access permit the removal of any entry, regardless of designation. (G) Statistical analysis and evaluation of unit commanders (i) Information sharing The Secretary of Defense shall issue guidance governing the sharing of SET entry statistics among unit commands and other Department of Defense individuals, offices, activities, and agencies for purposes of analyzing the number and types of entries generated over time. Information so shared may not include specific information about events, evidence, or individual members, including private personal information such as names and social security numbers. (ii) Evaluation on unit commanders Unit commanders may not be evaluated by their superiors for the number and types of entries generated by their command, but may be evaluated by their superior officer in the chain of command for the speed and accuracy of their entries, and the review of their entries. (H) Additional limitations on access No non-Department of Defense agencies, organizations, or individuals, such as veterans’ service organizations, local law enforcement, judicial courts, or civilian medical treatment facilities, shall be granted access to the secure central tracking database. Department of Defense medical officers may only review an individual member’s entire SET record for the medical purposes set forth in subsection (e)(2)(A) and such other purposes as may be determined appropriate by the Secretary of Defense. (2) Distribution and control (A) Pre-discharge (i) Medical retirements In the case of a member of the Armed Services preparing for medical retirement due to injury or other conditions, the official SET record shall be provided to and used by the Medical Evaluation Board or Physical Evaluation Board. (ii) Non-medical discharges and retirements In the case of a member of the Armed Services preparing for a non-medical discharge or retirement, the official SET record shall be reviewed by the medical officer of the member’s parent unit and serve as the basis for any follow-on actions as determined by the medical officer. (iii) Benefits Delivery at Discharge Claims In the case of a member of the Armed Services initiating a Benefits Delivery at Discharge (BDD) claim, the BDD Specialist shall be provided with the official SET record in order to file a fully developed claim for the member. (B) Upon discharge Upon a member's separation from service in the Armed Forces, including a member of a reserve component thereof, copies of the member's official SET record, including a compilation of all reported events and a summary prepared by an authorizing agent with cleared access to the secure central tracking database, shall be distributed in accordance with the procedures of the military service in which the individual served, including copies to the following recipients: (i) The separating member. (ii) The separating member's Service Personnel and Medical File, or other relevant record as determined under the Secretary of Defense's guidance. (iii) The Department of Veterans Affairs, and if specifically designated by the member, the veteran affairs agency of the State that is the separating member's relevant home of record or intended new residence and such other veterans service organization as may be designated by the member. 6. Authorization of appropriations There are authorized to be appropriated out of funds available to the Department of Defense such sums as may be necessary for fiscal year 2015 and fiscal years thereafter to carry out activities under this Act. 7. Rule of construction Nothing in this Act shall be construed as limiting the ability of current and former members of the Armed Forces to provide documentation other than the SET record, including handwritten statements, for purposes of appealing, documenting, or presenting evidence related to post traumatic stress disorder or traumatic brain injury claims.
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113-hr-5337
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I 113th CONGRESS 2d Session H. R. 5337 IN THE HOUSE OF REPRESENTATIVES July 31, 2014 Mr. Duncan of Tennessee (for himself, Mr. Price of North Carolina , and Mr. Pascrell ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To direct the Administrator of the Federal Aviation Administration to issue regulations to improve flight recorder and aircraft crash location requirements on certain commercial passenger aircraft in accordance with new International Civil Aviation Organization flight recorder standards.
1. Short title This Act may be cited as the Safe Aviation and Flight Enhancement Act of 2014 . 2. Findings Congress finds the following: (1) Whereas in 2012 the International Civil Aviation Organization ( ICAO ) adopted a standard requiring all new aircraft with a maximum certificated take-off mass over 15,000 kilograms for which a type certificate is issued on or after 1 January, 2016, and which are required to be equipped with both a digital flight recorder (referred to in this Act as FDR ), and a cockpit voice recorder ( CVR ), to be equipped with 2 combination FDR/CVR recorder systems. (2) It is in the public’s best interest that the second combination FDR/CVR system installed under the new ICAO standard uses a deployable combination FDR/CVR/Emergency Locator Transmitter ( ELT ) system to: maximize survivability; prevent the need for underwater recovery of both black boxes in water incidents; improve timely location of the aircraft, accident site and survivors; and to ensure rapid recovery of the FDR/CVR data for timely safety and security analysis in all crash scenarios. (3) Deployable recorder systems combine an FDR, a CVR, and ELT into one crash hardened, survivable black box , which releases from the aircraft upon crash impact with land, water, and in the event of in-air explosion, enabling it to avoid the crash impact site and float indefinitely on water to avoid time-consuming and costly underwater search efforts. (4) Deployable FDR/CVR/ELT black boxes send a distress alert tracking signal to the free, global constellation of Search and Rescue (SAR) satellite transponders known as COSPAS–SARSAT; providing the position of the aircraft at point of impact, aircraft tail number, country of origin, and location of the deployable FDR/CVR/ELT black box for quick recovery and analysis. (5) Recent commercial aviation accidents exemplify a growing trend in difficult and costly underwater aircraft CVR/FDR location and recovery efforts: (A) March 8, 2014, Malaysia Airlines Flight 370, disappeared with 239 passengers and crew. International search and recovery efforts for the aircraft and black boxes are ongoing involving 29 nations and hundreds of millions of dollars in resources, estimated to result in the most expensive search and recovery mission in aviation history. (B) June 1, 2009, Air France Flight 447, crashed into the Atlantic Ocean with 216 passengers and 12 crew members. Despite locating aircraft wreckage within 5 days, it still took nearly two years and an estimated cost of over $160,000,000 to recover the FDR and CVR from the bottom of the Atlantic Ocean at a depth of 12,000 feet. (C) June 30, 2009, Yemenia Airlines IY626, crashed off of the coast of Comoros, with 152 passengers and aircrew. The sole survivor, a 12-year-old girl, was found clinging to wreckage after floating in the ocean for thirteen hours. Her accounts estimated 30 to 40 passengers survived the crash but succumbed to hypothermia due to the delay in locating the downed aircraft. The FDR and CVR were not recovered until nearly two months later, at a depth of 3,900 feet. (D) January 1, 2007, Adam Air Flight 574, carrying 102 passengers and aircrew crashed off the coast of Indonesia. The FDR and CVR were located nearly one month later, but could not be recovered until seven months later on due to the difficulty of the underwater environment. The FDR and CVR were found at a depth of 6,600 feet and 4,600 feet apart. (6) Countries with extensive search and rescue capabilities, such as Australia, Brazil, Canada, Denmark, Japan, Norway, United Kingdom, and the United States, have equipped military platforms, including commercial equivalent aircraft with automatic deployable black box technology. (7) Following the crash of Air France Flight 447, the French Bureau d’Enquêtes et d’Analyses (BEA) led the International Flight Data Recovery Working Group, consisting of over 100 safety experts, that scored deployable FDR/CVR/ELT systems the highest among all evaluated technologies to improve aircraft and black box localization and recovery. (8) There are no recurring service/data fees associated with the use of deployable FDR/CVR/ELT systems. The COSPAS–SARSAT satellites, network and supporting infrastructure that receives the alert signal from the deployable FDR/CVR/ELT with the aircraft crash location and black box location is a free, global safety service managed by governments around the world. (9) In accordance with Public Law 110–53 , (Implementing Recommendations of the 9/11 Commission Act of 2007), the Transportation Security Administration conducted a pilot program that successfully tested in concept, the ability of automatic deployable recorder systems to improve rapid access to flight data following commercial aviation crashes, while also providing localization of downed aircraft and potential survivors. 3. Regulations requiring deployable recorders and other purposes (a) Regulations Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall issue regulations that require all commercial passenger aircraft defined under this Act be equipped with a deployable recorder system as the second combination FDR/CVR recorder system installed under International Civil Aviation Organization Annex 6, Part I, Amendment 35—6.3.4.5.2 Combination Recorders. (b) Schedule for compliance The regulations under subsection (a) shall require the installation of the automatic deployable recorder system required under this section on commercial aircraft that are ordered by an air carrier on or after January 1, 2016. (c) Definitions In this Act, the following definitions apply: (1) Commercial aircraft The term commercial passenger aircraft means a jet aircraft with a maximum certificated take-off mass over 15,000 kilograms, and which are required to be equipped with 2 combination FDR/CVR recorder systems in accordance with ICAO Annex 6, Part I, Amendment 6.3.4.5.2. (2) Deployable recorder system The term deployable recorder system means a flight data recorder, cockpit voice recorder, and emergency locator transmitter housed in one crash protected, floatable unit that meets the performance specifications for a Deployable Recorder system under United States Federal Aviation Administration Technical Standard Order 123c (CVR), Technical Standard Order 124c (FDR), and Minimum Operational Performance Specifications for Deployable Recorders under EUROCAE ED–112A and all subsequent updates to such requirements.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5337ih/xml/BILLS-113hr5337ih.xml
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113-hr-5338
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I 113th CONGRESS 2d Session H. R. 5338 IN THE HOUSE OF REPRESENTATIVES July 31, 2014 Ms. Edwards (for herself, Mr. Connolly , Mr. Cummings , Ms. Norton , Ms. Kaptur , Mr. Lynch , Mr. Ellison , and Mr. Rangel ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on Oversight and Government Reform and 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 repeal the revised annuity employee and further revised annuity employee categories within the Federal Employees Retirement System, and for other purposes.
1. Short title This Act may be cited as the Federal Employee Pension Fairness Act . 2. Repeal of FERS revised and further revised annuitant categories (a) Repeal of annuity computation Section 8415 of title 5, United States Code, is amended by striking subsection (d). (b) Repeal of annuitant categories Section 8422(a)(3) of title 5, United States Code, is amended— (1) by striking other than revised annuity employees or further revised annuity employees ; and (2) by striking subparagraphs (B) and (C). (c) Repeal of Government contributions Section 8423(a) of title 5, United States Code, is amended by striking paragraph (2) and inserting the following: (2) In determining any normal-cost percentage to be applied under this subsection, amounts provided for under section 8422 shall be taken into account. . (d) Conforming amendments Section 8401 of title 5, United States Code, is amended— (1) in paragraph (35)(B), by striking the semi-colon at the end and inserting ; and ; (2) in paragraph (36), by striking ; and at the end and inserting a period; and (3) by striking paragraphs (37) and (38). (e) Application (1) In general The amendments made by this section shall apply on the first day of the first pay period beginning after the date of enactment of this Act. (2) Treatment of former revised or further revised annuitants Any individual who, as of the date of enactment of this Act, was a revised annuity employee or a further revised annuity employee (but for the amendments made by this section) shall be deemed to be an employee or Member (as those terms are defined in section 8401 of title 5, United States Code) for purposes of chapter 84 of such title. 3. Repeal of Foreign Service revised or further revised annuity participant categories (a) Repeal of annuitant categories Section 856(a) of the Foreign Service Act of 1980 ( 22 U.S.C. 4071e(a) ) is amended by striking paragraph (2) and inserting the following: (2) The applicable percentage for a participant other than a revised annuity participant or a further revised annuity participant shall be as follows: 7.5 Before January 1, 1999. 7.75 January 1, 1999, to December 31, 1999. 7.9 January 1, 2000, to December 31, 2000. 7.55 After January 11, 2003. . (b) Government contribution Section 857 of the Foreign Service Act of 1980 ( 22 U.S.C. 4071f ) is amended by striking subsection (c). (c) Conforming amendments Section 852 of such Act is amended ( 22 U.S.C. 4071a )— (1) by striking paragraphs (7) and (8); and (2) by redesignating paragraphs (9), (10), and (11) as paragraphs (7), (8), and (9), respectively. (d) Application (1) In general The amendments made by this section shall apply on the first day of the first pay period beginning after the date of enactment of this Act. (2) Treatment of former revised or further revised annuitants Any individual who, as of the date of enactment of this Act, was a revised annuity participant or a further revised annuity participant (but for the amendments made by this section) shall be deemed to be a participant (as that term is defined in section 852 of the Foreign Service Act of 1980 ( 22 U.S.C. 4071a )) for purposes of the Foreign Service pension system. 4. Treatment of foreign corporations managed and controlled in the United States as domestic corporations (a) In general Section 7701 of the Internal Revenue Code of 1986 is amended by redesignating subsection (p) as subsection (q) and by inserting after subsection (o) the following new subsection: (p) Certain corporations managed and controlled in the United States treated as domestic for income tax (1) In general Notwithstanding subsection (a)(4), in the case of a corporation described in paragraph (2) if— (A) the corporation would not otherwise be treated as a domestic corporation for purposes of this title, but (B) the management and control of the corporation occurs, directly or indirectly, primarily within the United States, then, solely for purposes of chapter 1 (and any other provision of this title relating to chapter 1), the corporation shall be treated as a domestic corporation. (2) Corporation described (A) In general A corporation is described in this paragraph if— (i) the stock of such corporation is regularly traded on an established securities market, or (ii) the aggregate gross assets of such corporation (or any predecessor thereof), including assets under management for investors, whether held directly or indirectly, at any time during the taxable year or any preceding taxable year is $50,000,000 or more. (B) General exception A corporation shall not be treated as described in this paragraph if— (i) such corporation was treated as a corporation described in this paragraph in a preceding taxable year, (ii) such corporation— (I) is not regularly traded on an established securities market, and (II) has, and is reasonably expected to continue to have, aggregate gross assets (including assets under management for investors, whether held directly or indirectly) of less than $50,000,000, and (iii) the Secretary grants a waiver to such corporation under this subparagraph. (3) Management and control (A) In general The Secretary shall prescribe regulations for purposes of determining cases in which the management and control of a corporation is to be treated as occurring primarily within the United States. (B) Executive officers and senior management Such regulations shall provide that— (i) the management and control of a corporation shall be treated as occurring primarily within the United States if substantially all of the executive officers and senior management of the corporation who exercise day-to-day responsibility for making decisions involving strategic, financial, and operational policies of the corporation are located primarily within the United States, and (ii) individuals who are not executive officers and senior management of the corporation (including individuals who are officers or employees of other corporations in the same chain of corporations as the corporation) shall be treated as executive officers and senior management if such individuals exercise the day-to-day responsibilities of the corporation described in clause (i). (C) Corporations primarily holding investment assets Such regulations shall also provide that the management and control of a corporation shall be treated as occurring primarily within the United States if— (i) the assets of such corporation (directly or indirectly) consist primarily of assets being managed on behalf of investors, and (ii) decisions about how to invest the assets are made in the United States. . (b) Effective date The amendments made by this section shall apply to taxable years beginning on or after the date which is 2 years after the date of the enactment of this Act, whether or not regulations are issued under section 7701(p)(3) of the Internal Revenue Code of 1986, as added by this section. 5. Modifications to rules relating to inverted corporations (a) In general Subsection (b) of section 7874 of the Internal Revenue Code of 1986 is amended to read as follows: (b) Inverted corporations treated as domestic corporations (1) In general Notwithstanding section 7701(a)(4), a foreign corporation shall be treated for purposes of this title as a domestic corporation if— (A) such corporation would be a surrogate foreign corporation if subsection (a)(2) were applied by substituting 80 percent for 60 percent , or (B) such corporation is an inverted domestic corporation. (2) Inverted domestic corporation For purposes of this subsection, a foreign corporation shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)— (A) the entity completes after May 8, 2014, the direct or indirect acquisition of— (i) substantially all of the properties held directly or indirectly by a domestic corporation, or (ii) substantially all of the assets of, or substantially all of the properties constituting a trade or business of, a domestic partnership, and (B) after the acquisition, either— (i) more than 50 percent of the stock (by vote or value) of the entity is held— (I) in the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation, or (II) in the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership, or (ii) the management and control of the expanded affiliated group which includes the entity occurs, directly or indirectly, primarily within the United States, and such expanded affiliated group has significant domestic business activities. (3) Exception for corporations with substantial business activities in foreign country of organization A foreign corporation described in paragraph (2) shall not be treated as an inverted domestic corporation if after the acquisition the expanded affiliated group which includes the entity has substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. For purposes of subsection (a)(2)(B)(iii) and the preceding sentence, the term substantial business activities shall have the meaning given such term under regulations in effect on May 8, 2014, except that the Secretary may issue regulations increasing the threshold percent in any of the tests under such regulations for determining if business activities constitute substantial business activities for purposes of this paragraph. (4) Management and control For purposes of paragraph (2)(B)(ii)— (A) In general The Secretary shall prescribe regulations for purposes of determining cases in which the management and control of an expanded affiliated group is to be treated as occurring, directly or indirectly, primarily within the United States. The regulations prescribed under the preceding sentence shall apply to periods after May 8, 2014. (B) Executive officers and senior management Such regulations shall provide that the management and control of an expanded affiliated group shall be treated as occurring, directly or indirectly, primarily within the United States if substantially all of the executive officers and senior management of the expanded affiliated group who exercise day-to-day responsibility for making decisions involving strategic, financial, and operational policies of the expanded affiliated group are based or primarily located within the United States. Individuals who in fact exercise such day-to-day responsibilities shall be treated as executive officers and senior management regardless of their title. (5) Significant domestic business activities For purposes of paragraph (2)(B)(ii), an expanded affiliated group has significant domestic business activities if at least 25 percent of— (A) the employees of the group are based in the United States, (B) the employee compensation incurred by the group is incurred with respect to employees based in the United States, (C) the assets of the group are located in the United States, or (D) the income of the group is derived in the United States, determined in the same manner as such determinations are made for purposes of determining substantial business activities under regulations referred to in paragraph (3) as in effect on May 8, 2014, but applied by treating all references in such regulations to foreign country and relevant foreign country as references to the United States . The Secretary may issue regulations decreasing the threshold percent in any of the tests under such regulations for determining if business activities constitute significant domestic business activities for purposes of this paragraph. . (b) Conforming amendments (1) Clause (i) of section 7874(a)(2)(B) of such Code is amended by striking after March 4, 2003, and inserting after March 4, 2003, and before May 9, 2014, . (2) Subsection (c) of section 7874 of such Code is amended— (A) in paragraph (2)— (i) by striking subsection (a)(2)(B)(ii) and inserting subsections (a)(2)(B)(ii) and (b)(2)(B)(i) , and (ii) by inserting or (b)(2)(A) after (a)(2)(B)(i) in subparagraph (B), (B) in paragraph (3), by inserting or (b)(2)(B)(i), as the case may be, after (a)(2)(B)(ii) , (C) in paragraph (5), by striking subsection (a)(2)(B)(ii) and inserting subsections (a)(2)(B)(ii) and (b)(2)(B)(i) , and (D) in paragraph (6), by inserting or inverted domestic corporation, as the case may be, after surrogate foreign corporation . (c) Effective date The amendments made by this section shall apply to taxable years ending after May 8, 2014.
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113-hr-5339
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I 113th CONGRESS 2d Session H. R. 5339 IN THE HOUSE OF REPRESENTATIVES July 31, 2014 Mr. Foster (for himself, Mr. Sean Patrick Maloney of New York , Mr. Ryan of Ohio , Ms. Esty , and Ms. Shea-Porter ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To authorize the Administrator of the Substance Abuse and Mental Health Services Administration, acting through the Director of the Center for Substance Abuse Treatment, to award grants to States to expand access to clinically appropriate services for opioid abuse, dependence, or addiction.
1. Short title This Act may be cited as the Expanding Opportunities for Recovery Act of 2014 . 2. Opioid addiction treatment (a) In general The Administrator of the Substance Abuse and Mental Health Services Administration, acting through the Director of the Center for Substance Abuse Treatment (in this section referred to as the Administrator ) shall award grants to States to expand access to clinically appropriate services for opioid abuse, dependence, or addiction. (b) Requirements As conditions on the receipt of a grant under this section, a State shall agree to comply with the following: (1) The grant will be administered through the head of the State’s primary agency responsible for programs and activities relating to the treatment of substance abuse. (2) The services through the grant will be evidence-based such as medication-assisted treatment for substance use disorder. (3) The services through the grant will be provided according to a physician or a clinician’s recommendation to ensure that individuals receive the optimal level of substance use disorder treatment for the amount of time that is deemed medically necessary. (4) The services through the grant will be provided exclusively to individuals— (A) who lack health insurance; or (B) whose health insurance— (i) does not cover such services; or (ii) places other barriers on the receipt of such services, such as— (I) limiting coverage of such services to a certain period of time; or (II) imposing non-quantitative treatment limitations that are more stringent than treatment limitations imposed on other medical conditions (such as a requirement to use less expensive services, like out-patient treatment, prior to more expensive, but physician-recommended services, such as in-patient or residential treatment). (5) The grant will not be used to pay or subsidize the cost of more than 60 consecutive days of opioid abuse, dependence, or addiction treatment in the case of any individual. (c) Permissible provision of medications In expanding access to clinically appropriate services for opioid abuse, dependence, or addiction through a grant under this section, a State may provide for the use of medications, in conjunction with other treatment, so long as— (1) the medications are lawfully marketed under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ); (2) are clinically indicated to address the abuse, dependence, or addiction; and (3) are offered consistent with consumer choice. (d) Coordination The Administrator shall coordinate the program under this section with the program for prevention and treatment of substance abuse under subpart II of part B of title XIX of the Public Health Service Act ( 42 U.S.C. 300x–21 et seq. ). (e) Evaluation; dissemination of information; technical assistance (1) In general The Administrator shall— (A) require States receiving a grant under this section to report appropriate outcome measures associated with use of the grant, including any— (i) decreases in substance use; (ii) changes in retention in care; (iii) connections to the next appropriate level of care; (iv) decreases in involvement with criminal justice activities; and (v) other outcome data as appropriate; (B) require States receiving a grant under this section to report data on individuals’ length of time under clinically appropriate addiction treatment, and the use of medication-assisted treatment; (C) evaluate the activities supported by grants under this section; (D) submit to the Congress and the Secretary, and make publicly available on the Internet site of the Substance Abuse and Mental Health Services Administration, information about the results of such evaluation; and (E) offer technical assistance to States receiving a grant under this section regarding activities funded through the grant. (2) Use of certain funds Of the funds appropriated to carry out this section for any fiscal year, 5 percent shall be available to carry out activities under this subsection.
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113-hr-5340
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I 113th CONGRESS 2d Session H. R. 5340 IN THE HOUSE OF REPRESENTATIVES July 31, 2014 Ms. Frankel of Florida (for herself and Mr. Keating ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XI of the Social Security Act to expand the permissive exclusion from Federal health programs to include certain individuals with prior interest in sanctioned entities and entities affiliated with sanctioned entities and to provide a criminal penalty for the illegal distribution of Medicare, Medicaid, or CHIP beneficiary identification or provider numbers, and for other purposes.
1. Short title This Act may be cited as the Fighting Medicare Fraud Act of 2014 . 2. Permissive exclusion from Federal health programs expanded to certain individuals with prior interest in sanctioned entities and entities affiliated with sanctioned entities Paragraph (15) of section 1128(b) of the Social Security Act ( 42 U.S.C. 1320a–7(b) ) is amended to read as follows: (15) Individuals and entities affiliated with a sanctioned entity (A) Any of the following: (i) Any individual who— (I) is a person with an ownership or control interest in a sanctioned entity or an affiliated entity of such sanctioned entity (or was a person with such an ownership or control interest at the time of any of the conduct that formed a basis for the conviction or exclusion described in subparagraph (B)); and (II) knows or should have known (as defined in section 1128A(i)(7)) (or knew or should have known) of such conduct. (ii) Any individual who is an officer or managing employee (as defined in section 1126(b)) of a sanctioned entity or affiliated entity of such sanctioned entity (or was such an officer or managing employee at the time of any of the conduct that formed a basis for the conviction or exclusion described in subparagraph (B)). (iii) Any affiliated entity of a sanctioned entity. (B) For purposes of this paragraph, the term sanctioned entity means an entity— (i) that has been convicted of any offense described in subsection (a) of this section or in paragraph (1), (2), or (3) of this subsection; or (ii) that has been excluded from participation under a program under title XVIII or under a State health care program. (C) For purposes of subparagraph (A), the term affiliated entity means, with respect to a sanctioned entity, an entity that is (or was at the time of any of the conduct that formed the basis for the conviction or exclusion described in subparagraph (B)) affiliated with such sanctioned entity, and includes an entity— (i) that is a person with an ownership or control interest in such sanctioned entity (or was such a person with respect to such sanctioned entity at the time of any conduct that formed the basis for the conviction described in subparagraph (B)); (ii) with respect to which a sanctioned entity is a person with an ownership or control interest in such entity (or was such a person with respect to such entity at the time of any conduct that formed the basis for the conviction described in subparagraph (B)); (iii) with respect to which a person with an ownership or control interest in such entity also has such an interest in such sanctioned entity; (iv) with respect to which a person who is an officer or managing employee (as defined in section 1126(b)) of such entity also is such an officer or managing employee of such sanctioned entity. (D) For purposes of this paragraph, the term person with an ownership or control interest has the meaning given such term in section 1124(a)(3). . 3. Criminal penalty for illegal distribution of Medicare, Medicaid, or CHIP beneficiary identification or provider numbers Section 1128B(b) of the Social Security Act (42 U.S.C. 1320a–7b(b)) is amended by adding at the end the following: (4) Whoever knowingly and with the intent to defraud purchases, sells or distributes, or arranges for the purchase, sale, or distribution of two or more Medicare, Medicaid, or Children’s Health Insurance Program beneficiary identification numbers or provider numbers under title XVIII, XIX, or XXI shall be imprisoned for not more than 15 years or fined under title 18, United States Code (or, if greater, an amount equal to the monetary loss to the Federal and any State government as a result of such acts), or both. . 4. Reports on incidences of fraud and abuse under Medicare parts C and D (a) In general Section 1857(d) of the Social Security Act ( 42 U.S.C. 1395w–27(d) ) is amended by adding at the end the following new paragraph: (7) Report on incidences of fraud and abuse (A) In general A contract under this section with an MA organization offering an MA plan shall provide that such MA organization report to the Secretary (or to any person or organization designated by the Secretary for such purpose) any instances of probable fraud or abuse related to the payment or delivery of health benefits under such contract not later than 60 days after such organization identifies such instance. (B) Guidance Not later than 90 days after the date of the enactment of this paragraph, the Secretary, in consultation with the Inspector General of the Department of Health and Human Services and the Attorney General, shall issue to MA organizations (and PDP sponsors) guidance for defining the terms fraud and abuse for purposes of subparagraph (A). . (b) Conforming amendment to part D Section 1860D–12(b)(3)(C) of the Social Security Act ( 42 U.S.C. 1395w–112(b)(3)(C) ) is amended by inserting before the period at the end the following: , except in applying paragraph (7) of such section any reference to an MA organization, with respect to an MA plan, shall be deemed a reference to a PDP sponsor or MA organization, with respect to a prescription drug plan or MA–PD plan . (c) Effective date The amendments made by subsections (a) and (b) shall apply with respect to plan years beginning on or after the date of the enactment of this Act.
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113-hr-5341
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I 113th CONGRESS 2d Session H. R. 5341 IN THE HOUSE OF REPRESENTATIVES July 31, 2014 Mr. Gallego introduced the following bill; which was referred to the Committee on Ways and Means A BILL To delay for 1 year the application of Revenue Ruling 2012–18 with respect to the characterization of payments as tips or service charges.
1. Delay in application of Revenue Ruling 2012–18 with respect to characterization of tips or service charges The Secretary of the Treasury shall not apply Revenue Ruling 2012–18 (or any other similar guidance) for purposes of determining whether any payment made before January 1, 2015, is a tip as opposed to a service charge.
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113-hr-5342
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I 113th CONGRESS 2d Session H. R. 5342 IN THE HOUSE OF REPRESENTATIVES July 31, 2014 Mr. Heck of Nevada (for himself, Mr. Cole , Mr. Brooks of Alabama , Mr. Amodei , Mr. Ribble , Mr. King of New York , and Mr. Tipton ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To direct the Secretary of Veterans Affairs to expeditiously grant privileges to members of the Armed Forces who are health care providers to provide hospital care and medical services in medical facilities of the Department of Veterans Affairs.
1. Short title This Act may be cited as the VA Credentialing and Privileging Improvement Act . 2. Approval of credentials of military physicians for purposes of granting privileges to Department of Veterans Affairs medical facilities (a) Approval of credentials Not later than 30 days after a request is made by a military health care provider described in subsection (b) for privileges to provide hospital care or medical services in a medical facility of the Department of Veterans Affairs, the Secretary of Veterans Affairs shall approve the credentials of the provider and grant such privileges, unless the Secretary can show cause for denying such privileges. (b) Military health care provider A military health care provider described in this subsection is a member of the Armed Forces who— (1) is a health care provider; (2) is serving on active duty in, or in the process of being separated from, the Armed Forces; and (3) is privileged to work in a military treatment facility.
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113-hr-5343
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I 113th CONGRESS 2d Session H. R. 5343 IN THE HOUSE OF REPRESENTATIVES July 31, 2014 Mr. Honda (for himself, Mr. Hinojosa , Mr. Grijalva , Mr. Sablan , Ms. Meng , Ms. Clarke of New York , Mr. Meeks , Mr. Lowenthal , Ms. Lee of California , Ms. Bordallo , Ms. Chu , Ms. Matsui , and Mr. Takano ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend section 1111(h)(1)(C)(i) of the Elementary and Secondary Education Act of 1965 to require that annual State report cards reflect the same race groups as the decennial census of population.
1. Short title This Act may be cited as the All Students Count Act of 2014 . 2. Disaggregation of information on student achievement in annual State report cards Section 1111(h)(1)(C)(i) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(h)(1)(C)(i) ) is amended to read as follows: (i) information, in the aggregate and disaggregated by the same major race groups as the decennial census of the population, ethnicity, gender, disability status, migrant status, English proficiency, and status as economically disadvantaged, and cross-tabulated across all of such subgroups by gender and by disability, on student achievement at each proficiency level on the State academic assessments described in subsection (b)(3), except that such disaggregation and cross-tabulation shall not be required in a case in which the number of students in a subgroup is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student; .
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113-hr-5344
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I 113th CONGRESS 2d Session H. R. 5344 IN THE HOUSE OF REPRESENTATIVES July 31, 2014 Mr. Honda (for himself, Ms. Kelly of Illinois , Mr. Hastings of Florida , and Mr. Pascrell ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To prohibit the purchase, ownership, or possession of enhanced body armor by civilians, with exceptions.
1. Short title This Act may be cited as the Responsible Body Armor Possession Act . 2. Ban on purchase, ownership, or possession of enhanced body armor by civilians; exceptions (a) In general Chapter 44 of title 18, United States Code, is amended by adding at the end the following: 932. Ban on purchase, ownership, or possession of enhanced body armor by civilians (a) Except as provided in subsection (b), it shall be unlawful for a person to purchase, own, or possess enhanced body armor. (b) Subsection (a) shall not apply to— (1) a purchase, ownership, or possession by or under the authority of— (A) the United States or any department or agency of the United States; or (B) a State, or a department, agency, or political subdivision of a State; or (2) enhanced body armor that was lawfully possessed by any person at any time before the date this section takes effect. . (b) Enhanced body armor defined Section 921(a) of such title is amended by adding at the end the following: (36) The term enhanced body armor means body armor, including a helmet or shield, the ballistic resistance of which meets or exceeds the ballistic performance of Type III armor, determined using National Institute of Justice Standard–0101.06. . (c) Penalties Section 924(a) of such title is amended by adding at the end the following: (8) Whoever knowingly violates section 932 shall be fined under this title, imprisoned not more than 10 years, or both. .
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113-hr-5345
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I 113th CONGRESS 2d Session H. R. 5345 IN THE HOUSE OF REPRESENTATIVES July 31, 2014 Mr. Kind (for himself, Mr. Richmond , Mr. Michaud , Ms. Pingree of Maine , Mr. Walz , and Mr. Lipinski ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To establish the Railroad Emergency Services Preparedness, Operational Needs, and Safety Evaluation (RESPONSE) Subcommittee under the Federal Emergency Management Agency’s National Advisory Council to provide recommendations on emergency responder training and resources relating to hazardous materials incidents involving railroads, and for other purposes.
1. Short title This Act may be cited as the RESPONSE Act of 2014 . 2. Railroad Emergency Services Preparedness, Operational Needs, and Safety Evaluation Subcommittee Section 508 of the Homeland Security Act of 2002 ( 6 U.S.C. 318 ) is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: (d) RESPONSE Subcommittee (1) Establishment Not later than 30 days after the date of the enactment of the RESPONSE Act of 2014 , the Administrator shall establish, as a subcommittee of the National Advisory Council, the Railroad Emergency Services Preparedness, Operational Needs, and Safety Evaluation Subcommittee (referred to in this subsection as the RESPONSE Subcommittee ). (2) Membership Notwithstanding subsection (c), the RESPONSE Subcommittee shall be composed of the following: (A) The Deputy Administrator for Protection and National Preparedness of the Federal Emergency Management Agency, or designee. (B) The Director of the Office of Emergency Communications of the Department of Homeland Security, or designee. (C) The Director for the Office of Railroad, Pipeline and Hazardous Materials Investigations of the National Transportation Safety Board, or designee, only in an advisory capacity. (D) The Associate Administrator for Railroad Safety of the Federal Railroad Administration, or designee. (E) The Assistant Administrator for Security Policy and Industry Engagement of the Transportation Security Administration, or designee. (F) The Assistant Commandant for Response Policy of the Coast Guard, or designee. (G) The Assistant Administrator for the Office of Solid Waste and Emergency Response of the Environmental Protection Agency, or designee. (H) The Associate Administrator for Hazardous Materials Safety of the Pipeline and Hazardous Materials Safety Administration, or designee. (I) The Chief Safety Officer and Assistant Administrator of the Federal Motor Carrier Safety Administration, or designee. (J) Such other qualified individuals as the Administrator shall appoint as soon as practicable after the date of the enactment of the RESPONSE Act of 2014 from among the following: (i) Members of the National Advisory Council that have the requisite technical knowledge and expertise to address rail emergency response issues, including members from the following disciplines: (I) Emergency management and emergency response providers, including fire service, law enforcement, hazardous materials response, and emergency medical services. (II) State, local, and tribal government officials with expertise in preparedness, protection, response, recovery, and mitigation, including Adjutants General. (III) Elected State, local, and tribal government executives. (IV) Such other individuals as the Administrator determines to be appropriate. (ii) Individuals who have the requisite technical knowledge and expertise to serve on the RESPONSE Subcommittee, including representatives of— (I) the rail industry; (II) the oil industry; (III) the communications industry; (IV) emergency response providers, including individuals nominated by national organizations representing local governments and personnel; (V) representatives from national Indian organizations; (VI) technical experts; and (VII) vendors, developers, and manufacturers of systems, facilities, equipment, and capabilities for emergency responder services. (iii) Representatives of such other stakeholders and interested and affected parties as the Administrator considers appropriate. (3) Chairperson The Deputy Administrator for Protection and National Preparedness shall serve as the Chairperson of the RESPONSE Subcommittee, or designee. (4) Meetings (A) Initial meeting The initial meeting of the RESPONSE Subcommittee shall take place not later than 90 days after the date of the enactment of the RESPONSE Act of 2014 . (B) Other meetings After the initial meeting, the RESPONSE Subcommittee shall meet at least twice annually, with at least 1 meeting conducted in person during the first year, at the call of the Chairperson. (5) Consultation with nonmembers The RESPONSE Subcommittee and the program offices for emergency responder training and resources shall consult with other relevant agencies and groups, including entities engaged in federally funded research and academic institutions engaged in relevant work and research, which are not represented on the RESPONSE Subcommittee to consider new and developing technologies and methods that may be beneficial to preparedness and response to rail incidents. (6) Recommendations The RESPONSE Subcommittee shall evaluate the following topics and develop recommendations for improving emergency responder training and resource allocation for hazardous materials incidents involving railroads: (A) Quality and application of training for local emergency first responders related to rail hazardous materials incidents, with a particular focus on local emergency responders and small communities near railroads, including the following: (i) Ease of access to relevant training for local emergency first responders, including an analysis of— (I) the number of individuals being trained; (II) the number of individuals who are applying; (III) whether current demand is being met; (IV) current challenges; and (V) projected needs. (ii) Modernization of course content related to rail hazardous materials incidents, with a particular focus on response to the exponential rise in oil shipments by rail. (iii) Training content across agencies and the private sector to provide complementary opportunities for rail hazardous materials incidents courses and materials to avoid overlap, including the following: (I) Overlap of course content among agencies. (II) Integrated course content through public-private partnerships. (III) Regular and ongoing evaluation of course opportunities, adaptation to emerging trends, agency and private sector outreach, effectiveness and ease of access for local emergency responders. (iv) Online training platforms, train-the-trainer and mobile training options. (B) Effectiveness of funding levels related to training local emergency responders for rail hazardous materials incidents, with a particular focus on local emergency responders and small communities, including the following: (i) Minimizing overlap in resource allocation among agencies. (ii) Minimizing overlap in resource allocation among agencies and private sector. (iii) Maximizing public-private partnerships where funding gaps exists for specific training or cost-saving measures can be implemented to increase training opportunities. (iv) Adaptation of priority settings for agency funding allocations in response to emerging trends. (v) Historic levels of funding across agencies and private sector for rail hazardous materials incidents. (vi) Current funding resources across agencies. (C) Strategy for integration of commodity flow studies, mapping, and access platforms for local emergency responders and how to increase the rate of access to the individual responder in existing or emerging communications technology. (D) The need for emergency response plans for rail, similar to existing law related to maritime and stationary facility emergency response plans for hazardous materials, including the following: (i) The requirements of such emergency plans on each train and the format and availability of such emergency plans to emergency responders in communities through which the materials travel. (ii) How the industry would implement such plans. (iii) The thresholds that require emergency plans for each train related to hazardous materials in its cargo. (iv) Gaps in existing regulations across agencies. (E) The need for a rail hazardous materials incident database, including the following: (i) An assessment of the appropriate entity to host the database. (ii) A definition of rail hazardous materials incident that would constitute the level of reporting from the industry. (iii) The projected cost of such a database and how that database would be maintained and enforced. (F) Increasing access to relevant, useful, and timely information for the local emergency responder for training purposes and in the event of a rail hazardous materials incident, including the following: (i) Existing information that the emergency responder can access, what the current rate of access and usefulness is for the emergency responder, and what current information should remain and what should be reassessed. (ii) Utilization of existing technology in the hands of the first responder to maximize delivery of useful and timely information for training purposes or in the event of an incident. (iii) Assessment of emerging communications technology that could assist the emergency responder in the event of an incident. (G) Determination of the most appropriate agencies and offices for the implementation of the recommendations, including— (i) recommendations that can be implemented without congressional action and appropriate time frames for such actions; and (ii) recommendations that would require congressional action. (7) Report (A) In general Not later than 1 year after the date of the enactment of the RESPONSE Act of 2014 , the RESPONSE Subcommittee shall submit a report containing the recommendations developed under paragraph (6) to the National Advisory Council. (B) Review The National Advisory Council shall take up the RESPONSE Subcommittee’s report within 30 days for review and deliberation. The National Advisory Council may ask for additional clarification, changes, or other information from the RESPONSE Subcommittee to assist in the approval of the recommendations. (C) Recommendation Once the National Advisory Council approves the recommendations from the RESPONSE Subcommittee, the National Advisory Council shall submit the report to— (i) the Administrator; (ii) the head of each agency represented on the RESPONSE Subcommittee; (iii) the Committee on Homeland Security and Governmental Affairs of the Senate ; (iv) the Committee on Homeland Security of the House of Representatives ; and (v) the Committee on Transportation and Infrastructure of the House of Representatives . (8) Interim activity (A) Updates and oversight After the submission of the report by the National Advisory Council under paragraph (7), the Administrator shall— (i) provide quarterly updates to the congressional committees referred to in paragraph (7) regarding the status of the implementation of the recommendations developed under paragraph (6); and (ii) coordinate the implementation of the recommendations described in paragraph (6)(G)(i). (B) Additional reports After submitting the report required under paragraph (7), the RESPONSE Subcommittee shall submit additional reports and recommendations in the same manner and to the same entities identified in paragraph (7) if needed or requested from Congress or from the Administrator. (9) Termination (A) In general Except as provided in subparagraph (B), the RESPONSE Subcommittee shall terminate not later than 4 years after the date of the enactment of the RESPONSE Act of 2014 . (B) Extension The Administrator may extend the duration of the RESPONSE Subcommittee, in 1-year increments, if the Administrator determines that additional reports and recommendations are needed from the RESPONSE Subcommittee after the termination date set forth in subparagraph (A). .
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113-hr-5346
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I 113th CONGRESS 2d Session H. R. 5346 IN THE HOUSE OF REPRESENTATIVES July 31, 2014 Mr. Kind (for himself and Mr. Reed ) 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 business credit for investments in rural microbusinesses.
1. Short title This Act may be cited as the Rural Microbusiness Investment Credit Act of 2014 . 2. Rural microbusiness investment credit (a) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: 45S. Rural microbusiness investment credit (a) In general For purposes of section 38, the amount of the rural microbusiness investment credit determined under this section for any taxable year with respect to a rural microbusiness is equal to 35 percent of the qualified new investments in the rural microbusiness for the taxable year. (b) Limitations (1) Per business limitations The amount allowed as a credit under subsection (a) with respect to any rural microbusiness for a taxable year shall not exceed— (A) $10,000, reduced (but not below zero) by (B) the amount allowed under subsection (a) to the rural microbusiness for all preceding taxable years. (2) Per taxpayer limitations The amount allowed as a credit under subsection (a) with respect to any taxpayer with respect to all rural microbusinesses of the taxpayer for a taxable year shall not exceed— (A) $10,000, reduced (but not below zero) by (B) the amount allowed under subsection (a) to the taxpayer with respect to rural microbusinesses for all preceding taxable years. (c) Definitions For purposes of this section— (1) Qualified new investment The term qualified new investment means the excess of— (A) qualified expenditures paid or incurred for the taxable year, over (B) the greater of— (i) qualified expenditures paid or incurred for the preceding taxable year, or (ii) the average annual qualified expenditures paid or incurred over the preceding three taxable years. If the rural microbusiness was not in existence for the entire 3-year period referred to in clause (ii) of subparagraph (B), subparagraph (B) shall be applied without regard to so much of such subparagraph as precedes such clause (ii) and any taxable years during such 3-year period for which the rural microbusiness was not in existence shall be taken into account as taxable years during which there were no qualified expenditures. (2) Qualified expenditures (A) In general The term qualified expenditures means any amount which is paid or incurred with respect to a rural microbusiness. Such term includes costs for capital plant and equipment, inventory expenses, and wages. (B) Exception Such term does not include— (i) any interest cost, (ii) the cost of any vehicle which is not a qualified nonpersonal use vehicle (as defined in section 274(i)), and (iii) the cost of any compensation or benefits to the taxpayer claiming the credit, including the taxpayer’s spouse and dependents. (3) Rural microbusiness (A) In general The term rural microbusiness means any trade or business if— (i) such trade or business is operated as a proprietorship, partnership, trust (to the extent that the trust is a pass-thru entity), S corporation, or other pass-thru entity, (ii) each of the owners of such trade or business, with respect to the taxable year for which the credit is claimed— (I) materially participates (as determined under rules similar to the rules of section 469(h)) in such trade or business, and (II) in the case of any trade or business substantially all of the activity of which is in agricultural production, is a first-time farmer (as defined in section 147(c)(2)(C)), (iii) such trade or business is carried on, and physically located, in a distressed rural area during the taxable year for which the credit is claimed, (iv) such trade or business employs not more than 5 full time (or full-time equivalent) employees during the taxable year for which the credit is claimed, and (v) which meets the gross revenue test under subparagraph (D) for the first taxable year in which the credit under subsection (a) is allowable with respect to the trade or business. (B) Exceptions Such term shall not include— (i) any trade or business which includes, in whole or in part, any private or commercial golf course, country club, massage parlor, hot tub facility, suntan facility, racetrack or other facility used for gambling, or any store the principal business of which is the sale of alcoholic beverages for consumption off premises, or (ii) any trade or business with respect to which records are required under section 2257 of title 18, United States Code, to be maintained with respect to any performer. (C) Gross revenue test (i) In general A trade or business meets the gross revenue test of this subparagraph for any taxable year if the average annual gross revenue of the trade or business for the 3-taxable year period ending with the taxable year does not exceed $1,000,000. (ii) Aggregation rules 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 a trade or business for purposes of clause (i). (iii) Special rules for entities not in existence for entire 3-year period, etc Rules similar to the rules of subparagraphs (A), (B), and (D) of section 448(c)(3) shall apply for purposes of this subparagraph. (D) Self-employed individuals For purposes of this paragraph, if, with respect to a trade or business, an individual is treated as an employee under section 401(c), such individual shall be treated as an employee of such trade or business for purposes of the preceding sentence. (E) Full-time equivalent employee For purposes of this paragraph— (i) In general The term full-time equivalent employee means a number of employees equal to the number determined by dividing— (I) the total number of hours of service for which wages were paid by the employer to employees during the taxable year, by (II) 2,080. Such number shall be rounded to the next lowest whole number if not otherwise a whole number. (ii) Excess hours not counted If an employee works in excess of 2,080 hours of service during any taxable year, such excess shall not be taken into account under clause (i). (iii) Hours of service The Secretary, in consultation with the Secretary of Labor, shall prescribe such regulations, rules, and guidance as may be necessary to determine the hours of service of an employee, including rules for the application of this paragraph to employees who are not compensated on an hourly basis. (4) Distressed rural area (A) In general The term distressed rural area means any qualified area in the United States— (i) that has lost at least 5 percent of its population over the last 10 years, (ii) that lost at least 10 percent if its population over the last 20 years, (iii) that has median family income below 85 percent of the national median family income, (iv) that has a poverty rate that exceeds 12.5 percent, or (v) where average unemployment in the preceding year exceeds 120 percent of the national average. (B) Qualified area For purposes of subparagraph (A), the term qualified area means— (i) any area other than— (I) a city or town that has a population of greater than 50,000 inhabitants, and (II) any urbanized area contiguous and adjacent to a city or town described in subclause (I), and (ii) any county in which— (I) there is no city or town that has a population of greater than 100,000 inhabitants, and (II) there are no urbanized areas contiguous and adjacent to a city or town described in subclause (I). (C) Relevant sources of information In determining whether an area is a distressed rural area under this paragraph, such determination shall be made in accordance with the most recent information from the Bureau of the Census, the Bureau of Labor Statistics, or other government entity with relevant information. (5) Related persons A person shall be treated as related to another person if the relationship between such persons would result in the disallowance of losses under section 267 or 707(b) (but, in applying section 267(b) and (c) for purposes of this section, paragraph (4) of section 267(c) shall be treated as providing that the family of an individual shall include only his spouse, ancestors, and lineal descendants). (d) Denial of double benefit No deduction or credit shall be allowed under any other provision of this chapter for any amount taken into account in determining the credit under this section. (e) Other rules (1) Married couple must file joint return Rules similar to the rules of paragraphs (2), (3), and (4) of section 21(e) shall apply for purposes of this section. (2) Denial of credit to dependents No credit shall be allowed under this section to any individual with respect to whom a deduction is allowed under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's calendar year begins. . (b) Credit allowed as part of general business credit Section 38(b) of such Code (defining current year business credit) 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 rural microbusiness investment credit determined under section 45S(a). . (c) Carryover of Unused Credit Subsection (a) of section 39 of such Code is amended by adding at the end the following new paragraph: (5) 5-year carryback for rural microbusiness investment credit Notwithstanding subsection (d), in the case of the rural microbusiness investment credit— (A) this section shall be applied separately from the business credit and the marginal oil and gas well production credit (other than the rural microbusiness investment credit), (B) paragraph (1) shall be applied by substituting each of the 5 taxable years for the taxable year in subparagraph (A) thereof, and (C) paragraph (2) shall be applied— (i) by substituting 25 taxable years for 21 taxable years in subparagraph (A) thereof, and (ii) by substituting 24 taxable years for 20 taxable years in subparagraph (B) thereof. . (d) Conforming 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. Rural microbusiness investment credit. . (e) Effective date The amendments made by this section shall apply to expenditures made in taxable years beginning after the date of the enactment of this Act.
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113-hr-5347
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I 113th CONGRESS 2d Session H. R. 5347 IN THE HOUSE OF REPRESENTATIVES July 31, 2014 Mr. Kind (for himself and Mr. Kelly of Pennsylvania ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to extend qualified zone academy bonds for 2 years and to reduce the private business contribution requirement with respect to such bonds, and for other purposes.
1. Extension and modification of qualified zone academy bonds (a) Extension Paragraph (1) of section 54E(c) of the Internal Revenue Code of 1986 is amended by striking and 2013 and inserting 2013, 2014, and 2015 . (b) Reduction of private business contribution requirement Subsection (b) of section 54E of such Code is amended by striking 10 percent and inserting 5 percent . (c) Effective date The amendments made by subsections (a) and (b) shall apply to obligations issued after December 31, 2013. (d) Technical correction and conforming amendment (1) In general Clause (iii) of section 6431(f)(3)(A) of such Code is amended— (A) by striking 2011 and inserting years after 2010 , and (B) by striking of such allocation and inserting of any such allocation . (2) Effective date The amendments made by this subsection shall take effect as if included in section 310 of the American Taxpayer Relief Act of 2012.
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113-hr-5348
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I 113th CONGRESS 2d Session H. R. 5348 IN THE HOUSE OF REPRESENTATIVES July 31, 2014 Mr. King of New York (for himself and Mr. McCaul ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To require the Secretary of Homeland Security to collaborate on foreign terrorist organization designations.
1. Short title This Act may be cited as the FTO Reform Act of 2014 . 2. Department of State and Department of Homeland Security collaboration (a) Designation Section 219(d) of the Immigration and Nationality Act ( 8 U.S.C. 1189(d) ) is amended— (1) in paragraph (3)— (A) by inserting Homeland Security and Governmental Affairs, before and Foreign Relations of the Senate ; and (B) by striking and International Relations of the House of Representatives and inserting Homeland Security, and Foreign Affairs of the House of Representatives ; and (2) in paragraph (4), by inserting after Secretary of the Treasury the following: , the Secretary of Homeland Security, . (b) Consultation Section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ) is amended— (1) in subsection (a)(1), in the matter preceding subparagraph (A), by inserting , in accordance with subsection (d), after The Secretary ; (2) by redesignating subsection (d) as subsection (e); and (3) by inserting after subsection (c) the following new subsection: (d) Consultation The Secretary of Homeland Security shall, as soon as practicable, transmit to the Secretary the recommendations of the Secretary of Homeland Security to the Secretary of State regarding the designation under this section of an organization as a foreign terrorist organization, including an assessment of the threat to national security due to terrorist activity or terrorism carried out by the organization under review. . (c) Report Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs a report on the the following: (1) The activities of the Department of Homeland Security relating to Foreign Terrorist Organization (FTO) designations, and an accounting of the effects each such designation has on the Department’s operations. (2) The number of individuals denied entry into the United States due to their support for an FTO and an identification of such FTOs. (3) The number of individuals removed from the United States due to their support for an FTO and an identification of such FTOs. (4) A list of all revocations of otherwise ineligible nonimigrant visas considered by the Department of Homeland Security. (5) A list of all individuals with respect to whom a revocation was granted, their associations with an FTO, and an identification of such FTOs.
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113-hr-5349
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I 113th CONGRESS 2d Session H. R. 5349 IN THE HOUSE OF REPRESENTATIVES July 31, 2014 Mr. Latta (for himself, Ms. Fudge , Mr. Joyce , Mr. Chabot , Mr. Ryan of Ohio , and Mr. Stivers ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To direct the Secretary of Veterans Affairs to establish a deadline for the certification of certain forms by regional offices of the Department of Veterans Affairs.
1. Short title This Act may be cited as the VA Appeals Backlog Relief Act . 2. Deadline for certification of appeals forms by regional offices of the Department of Veterans Affairs The Secretary of Veterans Affairs shall take such steps as may be necessary to ensure that when a regional office of the Department of Veterans Affairs receives a form known as VA Form 9, Appeal to Board of Veterans’ Appeals , or any successor form, submitted by a veteran to appeal a decision relating to a claim, the regional office certifies such form by not later than one year after the date of the receipt of the form.
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113-hr-5350
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I 113th CONGRESS 2d Session H. R. 5350 IN THE HOUSE OF REPRESENTATIVES July 31, 2014 Mr. Latta (for himself and Mr. Murphy of Pennsylvania ) introduced the following bill; which was referred to the Committee on Energy and Commerce , 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 Insecticide, Fungicide, and Rodenticide Act to allow the marketing, distribution, or sale of solid antimicrobial copper alloys with certain claims, to amend the Federal Food, Drug, and Cosmetic Act to exclude certain solid antimicrobial copper alloys from regulation as drugs or devices, and for other purposes.
1. Short title This Act may be cited as the Infection Reduction Labeling Act of 2014 . 2. Treatment of solid antimicrobial copper alloys under Federal Insecticide, Fungicide, and Rodenticide Act Section 3 of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136a ) is amended by adding at the end the following new subsection: (i) Claims made for solid antimicrobial copper alloys (1) Certain claims authorized Notwithstanding any other provision of this Act, solid antimicrobial copper alloys, and products made from such alloys, may be marketed, distributed, or sold with labeling making claims regarding the microbial reduction or infection control efficacy of the alloys if the claims are consistent with the results of— (A) federally-funded clinical trials finding greater than 25 percent reductions in infection rate or 50 percent reductions in microbial burden; or (B) federally-funded clinical trials finding statistically significant reductions in infection rate or microbial burden. (2) Submission or review of efficacy data waived The registration of solid antimicrobial copper alloys under this section shall not require submission or review of efficacy data related to claims consistent with the results of the clinical trials described in paragraph (1). (3) Consistency of claims with agency-registered product label (A) In general Claims described in paragraph (1) shall be consistent with the product label registered under this section. (B) Process for modification of labeling In lieu of the notification process under subsection (c)(9), registration of a solid antimicrobial copper alloy may be modified to ensure the consistency of claims described in paragraph (1) with the product labeling pursuant to the following process: (i) The registrant shall submit a notification identifying the proposed claims that are consistent with the results of the clinical trials described in paragraph (1), and include a copy of the proposed amended product label. (ii) Within 30 days after receipt of such a notification, the Administrator shall— (I) notify the registrant in writing if the Administrator objects to any of the proposed claims as not consistent with the results of the clinical trials described in paragraph (1); and (II) state the reasons why. (iii) A registrant may file a response to any such objection not later than 30 days after the registrant’s receipt of the objection. (iv) After receipt and consideration of any such response, the Administrator shall issue a decision within 30 days. (v) A decision under clause (iv) shall be considered to be a final agency action. (vi) A registrant may distribute or sell a solid antimicrobial copper alloy product with the claims described in paragraph (1) after 60 days of submission of the notification described in this subparagraph, unless the Administrator issues an objection as described in this subparagraph. (4) Definition In this subsection, the term solid antimicrobial copper alloy means a solid copper alloy that— (A) is registered under this section; (B) is listed under Environmental Protection Agency registration number 82012–1, 82012–2, 82012–3, 82012–4, 82012–5, or 82012–6, or is otherwise identified by a Unified Numbering System code in an Environmental Protection Agency registration; (C) has a copper content of not less than 60 weight percent; and (D) has a content of not more than 0.1 weight percent of each of the following: lead, chromium, and arsenic. . 3. Treatment of solid antimicrobial copper alloys under Federal Food, Drug, and Cosmetic Act Subchapter E of chapter V of the Federal Food, Drug, and Cosmetic Act is amended by inserting after section 569C of such Act ( 21 U.S.C. 360bbb–8c ) the following: 569D. Solid antimicrobial copper alloys (a) Exclusion from treatment as drug or device A product that is made from solid antimicrobial copper alloy and has labeling making a claim regarding the microbial reduction or infection control efficacy of the alloy, consistent with the results of federally-funded clinical trials, shall not, by virtue of such claim— (1) be treated as a drug or device, or as a combination thereof, for purposes of this Act; or (2) otherwise be subject to regulation by the Food and Drug Administration. (b) Definition In this section, the term solid antimicrobial copper alloy means a solid copper alloy that— (1) is listed under Environmental Protection Agency registration number 82012–1, 82012–2, 82012–3, 82012–4, 82012–5, or 82012–6, or is otherwise identified by a Unified Numbering System code in an Environmental Protection Agency registration; (2) has a copper content of not less than 60 weight percent; and (3) has a content of not more than 0.1 weight percent of each of the following: lead, chromium, and arsenic. .
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113-hr-5351
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I 113th CONGRESS 2d Session H. R. 5351 IN THE HOUSE OF REPRESENTATIVES July 31, 2014 Mr. Latta (for himself and Mr. Johnson of Ohio ) introduced the following bill; which was referred to the Committee on Homeland Security , and in addition to the Committee on Veterans’ Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To waive the application fee for veterans with a service-connected disability rated at 50 percent or more who apply to participate in the Transportation Security Administration’s Pre✓™ program, and for other purposes.
1. Short title This Act may be cited as the Veterans Air Travel Streamlining Act of 2014 . 2. Waiver of application fee for veterans applying for TSA Pre✓™ (a) In general Subject to subsection (b), the Administrator of the Transportation Security Administration (TSA) shall waive the application fee for veterans with a service-connected disability rated at 50 percent or more who apply to participate in the TSA’s Pre✓™ program. (b) Establishment of verification system Not later than six months after the date of the enactment of this Act, the Administrator of the TSA and the Secretary of Veterans Affairs shall establish a system to verify whether a veteran’s disability is service-connected and such veteran’s disability rating for veterans who apply to participate in the TSA’s Pre✓™ program. (c) Rule of construction Nothing in this Act may be construed as in any way affecting the requirements for veterans described in this Act to otherwise meet the eligibility requirements for participation in the TSA’s Pre✓™ program. (d) Definitions The terms veteran , service-connected , and disability have the meanings given such terms in section 101 of title 38, United States Code.
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113-hr-5352
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I 113th CONGRESS 2d Session H. R. 5352 IN THE HOUSE OF REPRESENTATIVES July 31, 2014 Ms. Lee of California (for herself, Ms. Norton , Mr. Conyers , Mr. Al Green of Texas , Mr. Rush , Ms. Sewell of Alabama , Ms. Fudge , Ms. Eddie Bernice Johnson of Texas , Mr. Cummings , Mr. Rangel , Mr. Lewis , Mr. Meeks , Mr. Clyburn , Mr. Richmond , Mr. Payne , Mr. Carson of Indiana , Ms. Clarke of New York , Ms. Schakowsky , Ms. Kaptur , Mr. Crowley , Mr. Honda , Mr. Ellison , Mr. Scott of Virginia , Ms. Hahn , Mr. Hinojosa , Ms. Chu , Mr. Grijalva , Mrs. Beatty , Mr. Huffman , Ms. Moore , Mr. Veasey , Ms. Roybal-Allard , Mrs. Christensen , Mr. Cleaver , Mr. Butterfield , and Ms. Jackson Lee ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on House Administration , Education and the Workforce , Financial Services , Agriculture , Transportation and Infrastructure , Rules , the Budget , 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 strengthen and expand proven anti-poverty programs and initiatives.
1. Short title This Act may be cited as the Pathways Out of Poverty Act of 2014 . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Division A—Education Title I—Strong Start for America’s Children Subtitle A—Access to Voluntary Prekindergarten for Low- and Moderate-Income Families Sec. 111. Purposes. Sec. 112. Definitions. Sec. 113. Program authorization. Sec. 114. Allotments and reservations of funds. Sec. 115. State eligibility criteria. Sec. 116. State applications. Sec. 117. State use of funds. Sec. 118. Additional prekindergarten services. Sec. 119. Performance measures and targets. Sec. 120. Matching requirements. Sec. 121. Eligible local entity applications. Sec. 122. Required subgrant activities. Sec. 123. Report and evaluation. Sec. 124. Prohibition of required participation or use of funds for assessments. Sec. 125. Coordination with Head Start programs. Sec. 126. Technical assistance in program administration. Sec. 127. Authorization of appropriations. Subtitle B—Prekindergarten Development Grants Sec. 151. Prekindergarten development grants. Title II—Restoring Summer Pell Grants Sec. 201. Federal Pell Grants. Title III—Restoring Title IV Ability-to-Benefit Eligibility Sec. 301. Ability-to-benefit eligibility. Title IV—Youth Promise/Federal Coordination of Local and Tribal Juvenile Justice Information and Efforts Sec. 401. PROMISE Advisory Panel. Sec. 402. Geographic assessment of resource allocation. Title V—Promise Grants Sec. 501. Purposes. Sec. 502. Definitions. Subtitle A—PROMISE Assessment and Planning Grants Sec. 510. PROMISE Assessment and Planning grants authorized. Sec. 511. PROMISE Coordinating Councils. Sec. 512. Needs and strengths assessment. Sec. 513. PROMISE Plan components. Sec. 514. Authorization of appropriations. Subtitle B—PROMISE Implementation Grants Sec. 530. PROMISE Implementation grants authorized. Sec. 531. PROMISE Implementation grant application requirements. Sec. 532. Grant award guidelines. Sec. 533. Reports. Sec. 534. Authorization of appropriations. Subtitle C—General PROMISE Grant Provisions Sec. 540. Nonsupplanting clause. Sec. 541. Grant application review panel. Sec. 542. Evaluation of PROMISE grant programs. Division B—Housing Title VI—Common Sense Housing Investment Sec. 601. Congressional findings. Sec. 602. Replacement of mortgage interest deduction with mortgage interest credit. Sec. 603. Deduction allowed for interest and taxes relating to land for dwelling purposes owned or leased by cooperative housing corporations. Sec. 604. Use of mortgage interest savings to increase low-income housing tax credit. Sec. 605. Use of mortgage interest savings for affordable housing programs. Title VII—Low-Income Housing Tax Credit for Homeless Youth Sec. 701. Students who were homeless youths or homeless veterans permitted to occupy low-income housing units. Title VIII—Renters Tax Credit Sec. 801. Renters tax credit. Division C—Nutrition Title IX—Improving Temporary Assistance to Needy Families Program Sec. 901. References. Sec. 902. State plans required to address whether and how States will provide assistance to neediest geographic areas. Sec. 903. Funding of the TANF program. Sec. 904. Work requirements. Sec. 905. Work rules. Sec. 906. Prohibition on imposing limit of less than 60 months on duration of assistance. Sec. 907. Response of TANF program to economic recessions. Sec. 908. Requirement that States use merit-based system in administration of TANF programs. Sec. 909. Ban on using Federal TANF funds to replace State and local spending that does not meet the definition of qualified State expenditures. Sec. 910. TANF assistance to meet basic family economic needs. Sec. 911. State plans and reports on child poverty. Sec. 912. Requirement that States adopt standards and procedures to address domestic and sexual violence among TANF recipients. Sec. 913. Child care entitlement. Sec. 914. Child support enforcement. Sec. 915. State option to extend eligibility for assistance to children through age 21; prohibition on considering financial aid tied to education of child in determining eligibility for, or amount of assistance; prohibition on imposing additional requirements based on educational enrollment of child. Sec. 916. Elimination of certain other bars to TANF assistance. Sec. 917. Effective date. Title X—Employment Advancement, Retention, and Navigation Act Sec. 1011. Focus on employment. Sec. 1012. Modification relating to the Contingency Fund. Sec. 1013. Training for in-demand jobs. Sec. 1014. Effective date. Title XI—Restoring Supplemental Nutrition Assistance Programs funding cuts instituted in Farm Bill (Heat-and-Eat) Sec. 1101. Restoration of standard utility allowances based on the receipt of energy assistance payments. Title XII—Helping Hungry Students Learn Sec. 1201. Findings. Sec. 1202. School Lunch Program. Sec. 1203. School Breakfast Program. Sec. 1204. Summer Electronic Benefits Transfer for Children program. Sec. 1205. Weekends and holidays without hunger. Title XIII—Food Assistance to Improve Reintegration Act Sec. 1301. Repeal of denial of benefits. Division D—Labor/Job Training Title XV—Assistance for the Unemployed and Pathways Back to Work Subtitle A—Supporting Unemployed Workers Sec. 1501. Short title. Part I—Extension of emergency unemployment compensation and certain extended benefits provisions, and establishment of self-Employment assistance program Sec. 1511. Extension of Emergency Unemployment Compensation program. Sec. 1512. Temporary extension of extended benefit provisions. Sec. 1513. Additional extended unemployment benefits under the Railroad Unemployment Insurance Act. Part II—Reemployment NOW program Sec. 1521. Establishment of Reemployment NOW program. Sec. 1522. Distribution of funds. Sec. 1523. State plan. Sec. 1524. Bridge to Work program. Sec. 1525. Wage insurance. Sec. 1526. Enhanced reemployment strategies. Sec. 1527. Self-employment programs. Sec. 1528. Additional innovative programs. Sec. 1529. Guidance and additional requirements. Sec. 1530. Report of information and evaluations to Congress and the public. Sec. 1531. State. Part III—Short-Time compensation program Sec. 1541. Temporary financing of short-time compensation payments in States with programs in law. Sec. 1542. Temporary financing of short-time compensation agreements. Sec. 1543. Grants for short-time compensation programs. Sec. 1544. Assistance and guidance in implementing programs. Sec. 1545. Reports. Subtitle B—Long-Term unemployed hiring preferences Sec. 1551. Long-term unemployed workers work opportunity tax credits. Subtitle C—Pathways Back to Work Sec. 1561. Short title. Sec. 1562. Authorization of appropriations. Sec. 1563. Availability of funds. Sec. 1564. Subsidized employment for unemployed, low-income adults. Sec. 1565. Summer employment and year-round employment opportunities for low-income youth. Sec. 1566. Work-based employment strategies of demonstrated effectiveness. Sec. 1567. General requirements. Sec. 1568. Definitions. Subtitle D—Prohibition of discrimination in employment on the basis of an individual’s status as unemployed Sec. 1571. Short title. Sec. 1572. Findings and purpose. Sec. 1573. Definitions. Sec. 1574. Prohibited acts. Sec. 1575. Enforcement. Sec. 1576. Federal and State immunity. Sec. 1577. Relationship to other laws. Sec. 1578. Severability. Sec. 1579. Effective date. Title XVI—Living American Wage Sec. 1601. Findings; sense of Congress. Sec. 1602. Minimum wage. Title XVII—Emergency Unemployment Compensation Extension Sec. 1701. Extension of Emergency Unemployment Compensation program. Sec. 1702. Temporary extension of extended benefit provisions. Sec. 1703. Extension of funding for reemployment services and reemployment and eligibility assessment activities. Sec. 1704. Additional extended unemployment benefits under the Railroad Unemployment Insurance Act. Sec. 1705. Flexibility for unemployment program agreements. Division E—Anti-poverty Tax Provision Title XVIII—Child Tax Credit Permanency Sec. 1801. Modifications of the child tax credit. Title XIX—Earned Income Tax Credit Sec. 1901. Expansion of Earned Income Credit. Title XX—Child Care Access and Refundability Expansion Act Sec. 2001. Credit for dependent care expenses. Division F—Miscellaneous Title XXI—Poverty Impact Trigger Sec. 2101. Certain poverty impact legislation subject to point of order. Sec. 2102. Congressional Budget Office Poverty Impact Division. Sec. 2103. Exercise of rulemaking powers. Sec. 2104. Effective date. Title XXII—Half in Ten Act to Create a National Strategy to Reduce Poverty Sec. 2201. Findings. Sec. 2202. Definitions. Sec. 2203. Establishment of the Federal Interagency Working Group on Reducing Poverty. Sec. 2204. Appointment and responsibilities of the Director. Sec. 2205. Consultation. Sec. 2206. Reports to Congress and the public. A Education I Strong Start for America’s Children A Access to Voluntary Prekindergarten for Low- and Moderate-Income Families 111. Purposes The purposes of this subtitle are to— (1) establish a Federal-State partnership to provide access to high-quality public prekindergarten programs for all children from low-income and moderate-income families to ensure that they enter kindergarten prepared for success; (2) broaden participation in such programs to include children from additional middle-class families; and (3) promote access to high-quality kindergarten, and high-quality early childhood education programs and settings for children. 112. Definitions In this subtitle: (1) Child with a disability The term child with a disability has the meaning given the term in section 602 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1401 ). (2) Comprehensive early learning assessment system The term comprehensive early learning assessment system — (A) means a coordinated and comprehensive system of multiple assessments, each of which is valid and reliable for its specified purpose and for the population with which it will be used, that— (i) organizes information about the process and context of young children’s learning and development to help early childhood educators make informed instructional and programmatic decisions; and (ii) conforms to the recommendations of the National Research Council reports on early childhood; and (B) includes, at a minimum— (i) child screening measures; (ii) child formative assessments; (iii) measures of environmental quality; and (iv) measures of the quality of adult-child interactions. (3) Dual language learner The term dual language learner means an individual who is limited English proficient. (4) Early childhood education program The term early childhood education program has the meaning given the term under section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 ). (5) 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 ). (6) Eligibility determination date The term eligibility determination date means the date used to determine eligibility for public elementary school in the community in which the eligible local entity involved is located. (7) Eligible local entity The term eligible local entity means— (A) a local educational agency, including— (i) a charter school or a charter management organization that acts as a local educational agency; or (ii) an educational service agency in partnership with a local educational agency; (B) an entity that carries out an early childhood education program; or (C) a consortium of entities described in subparagraph (A) or (B). (8) Full-day The term full-day means a day that is— (A) equivalent to a full school day at the public elementary schools in a State; and (B) not less than 5 hours a day. (9) High-quality prekindergarten program The term high-quality prekindergarten program means a prekindergarten program supported by an eligible local entity that includes, at a minimum, the following elements based on nationally recognized standards: (A) Serves children who— (i) are age 4 or children who are age 3 or 4, by the eligibility determination date (including children who turn age 5 while attending the program); or (ii) have attained the legal age for State-funded prekindergarten. (B) Requires high qualifications for staff, including that teachers meet the requirements of 1 of the following clauses: (i) The teacher has a bachelor’s degree in early childhood education or a related field with coursework that demonstrates competence in early childhood education. (ii) The teacher— (I) has a bachelor’s degree in any field; (II) has demonstrated knowledge of early childhood education by passing a State-approved assessment in early childhood education; (III) while employed as a teacher in the prekindergarten program, is engaged in on-going professional development in early childhood education for not less than 2 years; and (IV) not more than 3 years after starting employment as a teacher in the prekindergarten program, enrolls in and completes a State-approved educator preparation program in which the teacher receives training and support in early childhood education. (iii) The teacher has bachelor’s degree with a credential, license, or endorsement that demonstrates competence in early childhood education. (C) Maintains an evidence-based maximum class size. (D) Maintains an evidence-based child to instructional staff ratio. (E) Offers a full-day program. (F) Provides developmentally appropriate, evidence-based curricula and learning environments that are aligned with the State’s early learning and development standards described in section 115(1). (G) Offers instructional staff salaries comparable to kindergarten through grade 12 teaching staff. (H) Provides for ongoing monitoring and program evaluation to ensure continuous improvement. (I) Offers accessible comprehensive services for children that include, at a minimum— (i) screenings for vision, dental, health (including mental health), and development and referrals, and assistance obtaining services, when appropriate; (ii) family engagement opportunities that take into account home language, such as parent conferences (including parent input about their child’s development) and support services, such as parent education; (iii) nutrition services, including nutritious meals and snack options aligned with requirements set by the most recent Child and Adult Care Food Program guidelines promulgated by the Department of Agriculture as well as regular, age-appropriate, nutrition education for children and their families; (iv) programs coordinated with local educational agencies and entities providing programs authorized under section 619 and part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419 and 1431 et seq.); (v) physical activity programs aligned with evidence-based guidelines, such as those recommended by the Institute of Medicine, and which take into account and accommodate children with disabilities; (vi) additional support services, as appropriate, based on the findings of the needs analysis as described in section 120; and (vii) on-site coordination, to the maximum extent feasible. (J) Provides high-quality professional development for all staff, including regular in-classroom observation for teachers and teacher assistants by individuals trained in such observation. (K) Meets the education performance standards in effect under section 641A(a)(1)(B) of the Head Start Act ( 42 U.S.C. 9836a(a)(1)(B) ). (L) Maintains evidence-based health and safety standards. (10) Governor The term Governor means the chief executive officer of a State. (11) Homeless child The term homeless child means a child or youth described in section 725(2) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a(2) . (12) 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 ). (13) Indian tribe; Tribal organization The terms Indian tribe and tribal organization have the meanings given the terms in 658P of the Child Care and Development Block Grant of 1990 ( 42 U.S.C. 9858n ). (14) Limited English proficient The term limited English proficient has the meaning given the term in section 637 of the Head Start Act ( 42 U.S.C. 9832 ). (15) Local educational agency; State educational agency; educational service agency The terms local educational agency , State educational agency , and educational service agency have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (16) Migratory child The term migratory child has the meaning given the term in section 1309 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6399 ). (17) Outlying area The term outlying area means each of the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Republic of Palau. (18) Poverty line The term poverty line means the official poverty line (as defined by the Office of Management and Budget)— (A) adjusted to reflect the percentage change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor for the most recent 12-month period or other interval for which the data are available; and (B) applicable to a family of the size involved. (19) 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 ). (20) Secretary The term Secretary means the Secretary of Education. (21) State Except as otherwise provided in this subtitle, the term State means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each of the outlying areas. (22) State advisory council on early childhood education and care The term State Advisory Council on Early Childhood Education and Care means the State Advisory Council on Early Childhood Education and Care established under section 642B(b) of the Head Start Act ( 42 U.S.C. 9837b(b) ). 113. Program authorization From amounts made available to carry out this subtitle, the Secretary, in consultation with the Secretary of Health and Human Services, shall award grants to States to implement high-quality prekindergarten programs, consistent with the purposes of this subtitle described in section 111. For each fiscal year, the funds provided under a grant by a State shall equal the allotment determined for the State under section 114. 114. Allotments and reservations of funds (a) Reservation From the amount made available each fiscal year to carry out this subtitle, the Secretary shall— (1) reserve not less than 1 percent and not more than 2 percent for payments to Indian tribes and tribal organizations; (2) reserve ½ of 1 percent for the outlying areas to be distributed among the outlying areas on the basis of their relative need, as determined by the Secretary in accordance with the purposes of this subtitle; (3) reserve ½ of 1 percent for eligible local entities that serve children in families who are engaged in migrant or seasonal agricultural labor; and (4) reserve not more than 1 percent or $30,000,000, whichever amount is less, for national activities, including administration, technical assistance, and evaluation. (b) Allotments (1) In general From the amount made available each fiscal year to carry out this subtitle and not reserved under subsection (a), the Secretary shall make allotments to States in accordance with paragraph (2) that have submitted an approved application. (2) Allotment amount (A) In general Subject to subparagraph (B), the Secretary shall allot the amount made available under paragraph (1) for a fiscal year among the States in proportion to the number of children who are age 4 who reside within the State and are from families with incomes at or below 200 percent of the poverty line for the most recent year for which satisfactory data are available, compared to the number of such children who reside in all such States for that fiscal year. (B) Minimum allotment amount No State receiving an allotment under subparagraph (A) may receive less than ½ of 1 percent of the total amount allotted under such subparagraph. (3) Reallotment and carry over (A) In general If one or more States do not receive an allotment under this subsection for any fiscal year, the Secretary may use the amount of the allotment for that State or States, in such amounts as the Secretary determines appropriate, for either or both of the following: (i) To increase the allotments of States with approved applications for the fiscal year, consistent with subparagraph (B). (ii) To carry over the funds to the next fiscal year. (B) Reallotment In increasing allotments under subparagraph (A)(i), the Secretary shall allot to each State with an approved application an amount that bears the same relationship to the total amount to be allotted under subparagraph (A)(i), as the amount the State received under paragraph (2) for that fiscal year bears to the amount that all States received under paragraph (2) for that fiscal year. (4) State For purposes of this subsection, the term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. (c) Flexibility The Secretary may make minimal adjustments to allotments under this subsection, which shall neither lead to a significant increase or decrease in a State’s allotment determined under subsection (b), based on a set of factors, such as the level of program participation and the estimated cost of the activities specified in the State plan under section 116(a)(2) . 115. State eligibility criteria A State is eligible to receive a grant under this subtitle if the State demonstrates to the Secretary that the State— (1) has established or will establish early learning and development standards that describe what children from birth to kindergarten entry should know and be able to do, are universally designed and developmentally, culturally, and linguistically appropriate, are aligned with the State’s challenging academic content standards and challenging student academic achievement standards, as adopted under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(1) ), and cover the essential domains of school readiness, which address— (A) physical well-being and motor development; (B) social and emotional development; (C) approaches to learning, including creative arts expression; (D) developmentally appropriate oral and written language and literacy development; and (E) cognition and general knowledge, including early mathematics and early scientific development; (2) has the ability or will develop the ability to link prekindergarten data with its elementary school and secondary school data for the purpose of collecting longitudinal information for all children participating in the State’s high-quality prekindergarten program and any other federally funded early childhood program that will remain with the child through the child’s public education through grade 12; (3) offers State-funded kindergarten for children who are eligible children for that service in the State; and (4) has established a State Advisory Council on Early Childhood Education and Care. 116. State applications (a) In general To receive a grant under this subtitle, the Governor of a State, in consultation with the Indian tribes and tribal organizations in the State, if any, shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. At a minimum, each such application shall include— (1) an assurance that the State— (A) will coordinate with and continue to participate in the programs authorized under section 619 and part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419 and 1431 et seq.), the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 et seq. ), and the maternal, infant, and early childhood home visiting programs funded under section 511 of the Social Security Act ( 42 U.S.C. 711 ) for the duration of the grant; (B) will designate a State-level entity (such as an agency or joint interagency office), selected by the Governor, for the administration of the grant, which shall coordinate and consult with the State educational agency if the entity is not the State educational agency; and (C) will establish, or certify the existence of, program standards for all State prekindergarten programs consistent with the definition of a high-quality prekindergarten program under section 112; (2) a description of the State’s plan to— (A) use funds received under this subtitle and the State’s matching funds to provide high-quality prekindergarten programs, in accordance with section 117(d) , with open enrollment for all children in the State who— (i) are described in section 112(9)(A) ; and (ii) are from families with incomes at or below 200 percent of the poverty line; (B) develop or enhance a system for monitoring eligible local entities that are receiving funds under this subtitle for compliance with quality standards developed by the State and to provide program improvement support, which may be accomplished through the use of a State-developed system for quality rating and improvement; (C) if applicable, expand participation in the State’s high-quality prekindergarten programs to children from families with incomes above 200 percent of the poverty line; (D) carry out the State’s comprehensive early learning assessment system, or how the State plans to develop such a system, ensuring that any assessments are culturally, developmentally, and age-appropriate and consistent with the recommendations from the study on Developmental Outcomes and Assessments for Young Children by the National Academy of Sciences, consistent with section 649(j) of the Head Start Act ( 42 U.S.C. 9844 ); (E) develop, implement, and make publicly available the performance measures and targets described in section 119 ; (F) increase the number of teachers with bachelor’s degrees in early childhood education, or with bachelor’s degrees in another closely related field and specialized training in early childhood education, including how institutions of higher education will support increasing the number of teachers with such degrees and training, including through the use of assessments of prior learning, knowledge, and skills to facilitate and expedite attainment of such degrees; (G) coordinate and integrate the activities funded under this subtitle with Federal, State, and local services and programs that support early childhood education and care, including programs supported under this subtitle, the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ), the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ), the Head Start Act ( 42 U.S.C. 9831 et seq. ), the Community Services Block Grant Act ( 42 U.S.C. 9901 et seq. ), the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 et seq. ), the temporary assistance for needy families program under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ), the State incentive grant program under section 14006 of the American Recovery and Reinvestment Act of 2009 ( Public Law 111–5 ), federally funded early literacy programs, the maternal, infant, and early childhood home visiting programs funded under section 511 of the Social Security Act ( 42 U.S.C. 711 ), health improvements to child care funded under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ), the program under subtitle B of title VII of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11431 et seq. ), the Investing In Innovation program under section 14007 of the American Recovery and Reinvestment Act of 2009 ( Public Law 111–5 ), programs authorized under part E of title IV of the Social Security Act ( 42 U.S.C. 670 et seq. ), the Fostering Connections to Success and Increasing Adoptions Act of 2008 ( Public Law 110–351 ), and any other Federal, State, or local early childhood education programs used in the State; (H) award subgrants to eligible local entities, and in awarding such subgrants, facilitate a delivery system of high-quality prekindergarten programs that includes diverse providers, such as providers in community-based, public school, and private settings, and consider the system’s impact on options for families; (I) in the case of a State that does not have a funding mechanism for subgranting funds to implement high-quality prekindergarten, use objective criteria in awarding subgrants to eligible local entities that will implement high-quality prekindergarten programs, including actions the State will take to ensure that eligible local entities will coordinate with local educational agencies or other early learning providers, as appropriate, to carry out activities to provide children served under this subtitle with a successful transition from preschool into kindergarten, which activities shall include— (i) aligning curricular objectives and instruction; (ii) providing staff professional development, including opportunities for joint-professional development on early learning and kindergarten through grade 3 standards, assessments, and curricula; (iii) coordinating family engagement and support services; and (iv) encouraging the shared use of facilities and transportation, as appropriate; (J) use the State early learning and development standards described in section 115(1) to address the needs of dual language learners, including by incorporating benchmarks related to English language development; (K) identify barriers, and propose solutions to overcome such barriers, which may include seeking assistance under section 126 , in the State to effectively use and integrate Federal, State, and local public funds and private funds for early childhood education that are available to the State on the date on which the application is submitted; (L) support articulation agreements (as defined in section 486A of the Higher Education Act of 1965 ( 20 U.S.C. 1093a )) between public 2-year and public 4-year institutions of higher education in the State for early childhood teacher preparation programs and related fields; (M) ensure that the higher education programs in the State have the capacity to prepare a workforce to provide high-quality prekindergarten programs; (N) support workforce development, including State and local policies that support prekindergarten instructional staff’s ability to earn a degree, certification, or other specializations or qualifications, including policies on leave, substitutes, and child care services, including non-traditional hour child care; (O) hold eligible local entities accountable for use of funds; (P) ensure that the State’s early learning and development standards are integrated into the instructional and programmatic practices of high-quality prekindergarten programs and related programs and services, such as those provided to children under section 619 and part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419 and 1431 et seq.); (Q) increase the number of children in the State who are enrolled in high-quality kindergarten programs and carry out a strategy to implement such a plan; (R) coordinate the State’s activities supported by grants under this subtitle with activities in State plans required under the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ), the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ), the Head Start Act ( 42 U.S.C. 9831 et seq. ), the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 et seq. ), and the Adult Education and Family Literacy Act ( 20 U.S.C. 9201 et seq. ); (S) encourage eligible local entities to coordinate with community-based learning resources, such as libraries, arts and arts education programs, appropriate media programs, family literacy programs, public parks and recreation programs, museums, nutrition education programs, and programs supported by the Corporation for National and Community Service; (T) work with eligible local entities, in consultation with elementary school principals, to ensure that high-quality prekindergarten programs have sufficient facilities to meet the needs of children eligible for prekindergarten; (U) support local early childhood coordinating entities, such as local early childhood councils, if applicable, and help such entities to coordinate early childhood education programs with high-quality prekindergarten programs to ensure effective and efficient delivery of early childhood education program services; (V) ensure that the provision of high-quality prekindergarten programs will not lead to a diminution of services for infants and toddlers or disrupt the care of infants and toddlers in the geographic area served by the eligible local entity, which may include demonstrating that the State will direct funds to provide high-quality early childhood education and care to infants and toddlers in accordance with section 117(d) ; and (W) ensure that all high-quality prekindergarten programs the State supports under this Act will conduct criminal history background checks that meet the requirements of subsection (b) on employees and applicants for employment with direct access to children; and (3) an inventory of the State’s higher education programs that prepare individuals for work in a high-quality prekindergarten program, including— (A) certification programs; (B) associate degree programs; (C) baccalaureate degree programs; (D) master’s degree programs; and (E) other programs that lead to a specialization in early childhood education, or a related field. (b) Criminal history background checks (1) In general The criminal history background checks required under subsection (a)(2)(Z) shall include— (A) a search of the State criminal registry or repository in the State in which the employee resides and previously resided; (B) a search of the State-based child abuse and neglect registries and databases in the State in which the employee resides and previously resided; (C) a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System; and (D) a search of the National Sex Offender Registry established under section 119 of the Adam Walsh Child Protection and Safety Act of 2006 ( 42 U.S.C. 16919 ). (2) Prohibition of employment To be eligible to receive a grant under this subtitle, a State shall prohibit an individual with direct access to children from employment with a program supported with grant funds under this subtitle if the individual has been convicted of a violent felony or any violent or sexual crime against a minor, as defined by the State. (3) Updated checks To be eligible to receive a grant under this subtitle, each criminal history background check conducted on an employee as required under subsection (a)(2)(Z) shall be periodically repeated or updated in accordance with State law. (4) Appeal process To be eligible to receive a grant under this subtitle, a State shall provide an individual with a timely process by which to— (A) appeal the results of a criminal history background check conducted under this section to challenge the accuracy or completeness of the information produced by such background check; and (B) seek appropriate relief for any final employment decision based on materially inaccurate or incomplete information produced by such background check. (c) Development of application In developing an application for a grant under this subtitle, a State shall consult with the State Advisory Council on Early Childhood Education and Care and incorporate such Council’s recommendations, where applicable. (d) Construction Nothing in this section shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded school employees, local educational agency employees, and the employees of early childhood education programs 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. 117. State use of funds (a) Reservation for quality improvement activities (1) In general A State that receives a grant under this subtitle may reserve for, not more than the first 4 years such State receives such a grant, not more than 20 percent of the grant funds for quality improvement activities if such activities support the elements of high-quality prekindergarten programs. Such quality improvement activities may include supporting teachers and principals in a State’s high-quality prekindergarten program, licensed or regulated child care, or Head Start programs to enable such teachers to earn a baccalaureate degree in early childhood education, or closely related field, through activities which may include— (A) expanding or establishing scholarships, counseling, and compensation initiatives to cover the cost of tuition, fees, materials, transportation, and release time for such teachers; and (B) providing ongoing professional development opportunities, including regular in-classroom observation by individuals trained in such observation, for such teachers, principals, and teachers assistants to enable such teachers, principals, and teachers assistants to carry out the elements of high-quality prekindergarten programs, which may include activities that address— (i) promoting children’s development across the essential domains of early learning and development; (ii) developmentally appropriate teacher-child interaction; (iii) effective family engagement; (iv) providing culturally competent instruction; (v) working with a diversity of children and families, including children with special needs and dual language learners; (vi) childhood nutrition and physical education programs; and (vii) supporting the implementation of evidence-based curricula. (2) Not subject to matching The amount reserved under paragraph (1) shall not be subject to the matching requirements under section 120 . (3) Coordination A State that reserves an amount under paragraph (1) shall coordinate the use of such amount with activities funded under section 658G of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858e ) and the Head Start Act ( 42 U.S.C. 9831 et seq. ). (4) Construction A State may not use funds reserved under this subsection to meet the requirement described in section 112(9)(G) . (b) Subgrants for high-Quality prekindergarten programs A State that receives a grant under this subtitle shall award subgrants of sufficient size to eligible local entities to enable such eligible local entities to implement high-quality prekindergarten programs for children who— (1) are described in section 112(9)(A); (2) reside within the State; and (3) are from families with incomes at or below 200 percent of the poverty line. (c) Administration A State that receives a grant under this subtitle may reserve not more than 1 percent of the grant funds for administration of the grant, and may use part of that reservation for the maintenance of the State Advisory Council on Early Childhood Education and Care. (d) Early childhood education and care programs for infants and toddlers (1) Use of allotment for infants and toddlers An eligible State may apply to use, and the appropriate Secretary may grant permission for the State to use, not more than 15 percent of the funds made available through a grant received under this subtitle to award subgrants to early childhood education programs to provide, consistent with the State’s early learning and development guidelines for infants and toddlers, high-quality early childhood education and care to infants and toddlers who reside within the State and are from families with incomes at or below 200 percent of the poverty line. (2) Application To be eligible to use the grant funds as described in paragraph (1), the State shall submit an application to the appropriate Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application shall, at a minimum, include a description of how the State will— (A) designate a lead agency which shall administer such funds; (B) ensure that such lead agency, in coordination with the State’s Advisory Council on Early Childhood Education and Care, will collaborate with other agencies in administering programs supported under this subsection for infants and toddlers in order to obtain input about the appropriate use of such funds and ensure coordination with programs for infants and toddlers funded under the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 et seq. ), the Head Start Act ( 42 U.S.C. 9831 et seq. ) (including any Early Learning Quality Partnerships established in the State under section 645B of the Head Start Act, as added by section 202), the Race to the Top and Early Learning Challenge program under section 14006 of Public Law 111–5 (123 Stat. 283), the maternal, infant, and early childhood home visiting programs funded under section 511 of the Social Security Act ( 42 U.S.C. 711 ), and part C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1431 et seq. ); (C) ensure that infants and toddlers who benefit from amounts made available under this subsection will transition to and have the opportunity to participate in a high-quality prekindergarten program supported under this subtitle; (D) in awarding subgrants, give preference to early childhood education programs that have a plan to increase services to children with special needs, including children with developmental delays or disabilities, children who are dual language learners, homeless children, children who are in foster care, children of migrant families, children eligible for free or reduced-price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ), or children in the child welfare system; and (E) give priority to activities carried out under this subsection that will increase access to high-quality early childhood education programs for infants and toddlers in local areas with significant concentrations of low-income families that do not currently benefit from such programs. (3) Eligible providers A State may use the grant funds as described in paragraph (1) to serve infants and toddlers only by working with early childhood education program providers that— (A) offer full-day, full-year care, or otherwise meet the needs of working families; and (B) meet high-quality standards, such as— (i) Early Head Start program performance standards under the Head Start Act ( 42 U.S.C. 9831 et seq. ); or (ii) high quality, demonstrated, valid, and reliable program standards that have been established through a national entity that accredits early childhood education programs. (4) Federal administration (A) In general The Secretary of Education shall bear responsibility for obligating and disbursing funds to support activities under this subsection and ensuring compliance with applicable laws and administrative requirements, subject to paragraph (3). (B) Interagency agreement The Secretary of Education and the Secretary of Health and Human Services shall jointly administer activities supported under this subsection on such terms as such Secretaries shall set forth in an interagency agreement. The Secretary of Health and Human Services shall be responsible for any final approval of a State’s application under this subsection that addresses the use of funds designated for services to infants and toddlers. (C) Appropriate secretary In this subsection, the term appropriate Secretary used with respect to a function, means the Secretary designated for that function under the interagency agreement. 118. Additional prekindergarten services (a) Prekindergarten for 3-Year-Olds Each State that certifies to the Secretary that the State provides universally available, voluntary, high-quality prekindergarten programs for 4-year-old children who reside within the State and are from families with incomes at or below 200 percent of the poverty line may use the State’s allocation under section 114(b) to provide high-quality prekindergarten programs for 3-year-old children who reside within the State and are from families with incomes at or below 200 percent of the poverty line. (b) Subgrants In each State that has a city, county, or local educational agency that provides universally available high-quality prekindergarten programs for 4-year-old children who reside within the State and are from families with incomes at or below 200 percent of the poverty line the State may use amounts from the State’s allocation under section 114(b) to award subgrants to eligible local entities to enable such eligible local entities to provide high-quality prekindergarten programs for 3-year-old children who are from families with incomes at or below 200 percent of the poverty line and who reside in such city, county or local educational agency. 119. Performance measures and targets (a) In general A State that receives a grant under this subtitle shall develop, implement, and make publicly available the performance measures and targets for the activities carried out with grant funds. Such measures shall, at a minimum, track the State’s progress in— (1) increasing school readiness across all domains for all categories of children, as described in section 123(b)(7), including children with disabilities and dual language learners; (2) narrowing school readiness gaps between minority and nonminority children, and low-income children and more advantaged children, in preparation for kindergarten entry; (3) decreasing placement for children in elementary school in special education programs and services as described in part B of the Individuals with Disabilities Education Act ( 20 U.S.C. 1411 et seq. ); (4) increasing the number of programs meeting the criteria for high-quality prekindergarten programs, as defined by the State and in accordance with section 112; (5) decreasing the need for grade-to-grade retention in elementary school; (6) if applicable, ensuring that high-quality prekindergarten programs do not experience instances of chronic absence among the children who participate in such programs; (7) increasing the number and percentage of low-income children in high-quality early childhood education programs that receive financial support through funds provided under this subtitle; and (8) providing high-quality nutrition services, nutrition education, physical activity, and obesity prevention programs. (b) Prohibition of misdiagnosis practices A State shall not, in order to meet the performance measures and targets described in subsection (a), engage in practices or policies that will lead to the misdiagnosis or under-diagnosis of disabilities or developmental delays among children who are served through programs supported under this subtitle. 120. Matching requirements (a) Matching funds (1) In general Except as provided in paragraph (2), a State that receives a grant under this subtitle shall provide matching funds from non-Federal sources, as described in subsection (c), in an amount equal to— (A) 10 percent of the Federal funds provided under the grant in the first year of grant administration; (B) 10 percent of the Federal funds provided under the grant in the second year of grant administration; (C) 20 percent of the Federal funds provided under the grant in the third year of grant administration; (D) 30 percent of the Federal funds provided under the grant in the fourth year of grant administration; (E) 40 percent of the Federal funds provided under the grant in the fifth year of grant administration; (F) 50 percent of the Federal funds provided under the grant in the sixth year of grant administration; (G) 75 percent of the Federal funds provided under the grant in the seventh year of grant administration; and (H) 100 percent of the Federal funds provided under the grant in the eighth and following years of grant administration. (2) Reduced match rate A State that meets the requirements under subsection (b) may provide matching funds from non-Federal sources at a reduced rate. The full reduced matching funds rate shall be in an amount equal to— (A) 5 percent of the Federal funds provided under the grant in the first year of grant administration; (B) 5 percent of the Federal funds provided under the grant in the second year of grant administration; (C) 10 percent of the Federal funds provided under the grant in the third year of grant administration; (D) 20 percent of the Federal funds provided under the grant in the fourth year of grant administration; (E) 30 percent of the Federal funds provided under the grant in the fifth year of grant administration; (F) 40 percent of the Federal funds provided under the grant in the sixth year of grant administration; (G) 50 percent of the Federal funds provided under the grant in the seventh year of grant administration; (H) 75 percent of the Federal funds provided under the grant in the eighth year of grant administration; and (I) 100 percent of the Federal funds provided under the grant in the ninth and following years of the grant administration. (b) Reduced match rate eligibility A State that receives a grant under this subtitle may provide matching funds from non-Federal sources at the full reduced rate under subsection (a)(2) if the State— (1) (A) offers enrollment in high-quality prekindergarten programs to not less than half of children in the State who are— (i) age 4 on the eligibility determination date; and (ii) from families with incomes at or below 200 percent of the poverty line; and (B) has a plan for continuing to expand access to high-quality prekindergarten programs for such children in the State; and (2) has a plan to expand access to high-quality prekindergarten programs to children from moderate income families whose income exceeds 200 percent of the poverty line. (c) Non-Federal resources (1) In cash A State shall provide the matching funds under this section in cash. (2) Funds to be considered as matching funds A State may include, as part of the State’s matching funds under this section, not more than 10 percent of the amount of State funds designated for State prekindergarten programs or to supplement Head Start programs under the Head Start Act ( 42 U.S.C. 9831 et seq. ) as of the date of enactment of this Act, but may not include any funds that are attributed as matching funds, as part of a non-Federal share, or as a maintenance of effort requirement, for any other Federal program. (d) Maintenance of effort (1) In general If a State reduces its combined fiscal effort per student or the aggregate expenditures within the State to support early childhood education programs for any fiscal year that a State receives a grant authorized under this subtitle relative to the previous fiscal year, the Secretary shall reduce support for such State under this subtitle by the same amount as the decline in State and local effort for such fiscal year. (2) Waiver The Secretary may waive the requirements of paragraph (1) if— (A) the Secretary determines that a waiver would be appropriate due to a precipitous decline in the financial resources of a State as a result of unforeseen economic hardship or a natural disaster that has necessitated across-the-board reductions in State services, including early childhood education programs; or (B) due to the circumstances of a State requiring reductions in specific programs, including early childhood education, if the State presents to the Secretary a justification and demonstration why other programs could not be reduced and how early childhood programs in the State will not be disproportionately harmed by such State action. (e) Supplement not supplant Grant funds received under this title shall be used to supplement and not supplant other Federal, State, and local public funds expended on public prekindergarten programs in the State. 121. Eligible local entity applications (a) In general An eligible local entity desiring to receive a subgrant under section 117(b) shall submit an application to the State, at such time, in such manner, and containing such information as the State may reasonably require. (b) Contents Each application submitted under subsection (a) shall include the following: (1) Parent and family engagement A description of how the eligible local entity plans to engage the parents and families of the children such entity serves and ensure that parents and families of eligible children are aware of the services provided by the eligible local entity, which shall include a plan to— (A) carry out meaningful parent and family engagement, through the implementation and replication of evidence-based or promising practices and strategies, which shall be coordinated with parent and family engagement strategies supported under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ) and part A of title I and title V of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. and 7201 et seq.), if applicable, to— (i) provide parents and family members with the skills and opportunities necessary to become full partners in their children’s education, particularly the families of dual language learners and children with disabilities; (ii) improve child development; and (iii) strengthen relationships among prekindergarten staff and parents and family members; and (B) perform community outreach to encourage families with eligible children to participate in the eligible local entity’s high-quality prekindergarten program, including— (i) homeless children; (ii) dual language learners; (iii) children in foster care; (iv) children with disabilities; and (v) migrant children. (2) Coordination and alignment A description of how the eligible local entity will— (A) coordinate, if applicable, the eligible local entity’s activities with— (i) Head Start agencies (consistent with section 642(e)(5) of the Head Start Act ( 42 U.S.C. 9837(e)(5) ), if the local entity is not a Head Start agency; (ii) local educational agencies, if the eligible local entity is not a local educational agency; (iii) providers of services under part C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1431 et seq. ); (iv) programs carried out under section 619 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1419 ); and (v) if feasible, other entities carrying out early childhood education programs and services within the area served by the local educational agency. (B) if applicable, develop and implement a systematic procedure for transferring, with parental consent, early childhood education program records for each participating child to the school in which such child will enroll in kindergarten; (C) develop a plan to promote continuity of developmentally appropriate instructional programs and shared expectations with local elementary schools for children’s learning and development as children transition to kindergarten; (D) organize, if feasible, and participate in joint training, when available, including transition-related training for school staff and early childhood education program staff; (E) establish comprehensive transition policies and procedures, with applicable elementary schools and principals, for the children served by the eligible local entity that support the school readiness of children transitioning to kindergarten; (F) conduct outreach to parents, families, and elementary school teachers and principals to discuss the educational, developmental, and other needs of children entering kindergarten; (G) help parents, including parents of children who are dual language learners, understand and engage with the instructional and other services provided by the kindergarten in which such child will enroll after participation in a high-quality prekindergarten program; and (H) develop and implement a system to increase program participation of underserved populations of eligible children, especially homeless children, children eligible for a free or reduced-price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ), parents of children who are dual language learners, and parents of children with disabilities. (3) Protections for special populations A description of how the eligible local entity will meet the diverse needs of children in the community to be served, including children with disabilities, children whose native language is not English, children with other special needs, children in the State foster care system, and homeless children. Such description shall demonstrate, at a minimum, how the entity plans to— (A) ensure the eligible local entity’s high-quality prekindergarten program is accessible and appropriate for children with disabilities and dual language learners; (B) establish effective procedures for providing necessary early intervening services to children with disabilities prior to an eligibility determination by the State or local agency responsible for providing services under section 619 or part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419 and 1431 et seq.); (C) establish effective procedures for timely referral of children with disabilities to the State or local agency described in subparagraph (B); (D) ensure that the eligible local entity’s high-quality prekindergarten program works with appropriate entities to address the elimination of barriers to immediate and continuous enrollment for homeless children; and (E) ensure access to and continuity of enrollment in high-quality prekindergarten programs for migratory children, if applicable, and homeless children, including through policies and procedures that require— (i) outreach to identify migratory children and homeless children; (ii) immediate enrollment, including enrollment during the period of time when documents typically required for enrollment, including health and immunization records, proof of eligibility, and other documents, are obtained; (iii) continuous enrollment and participation in the same high-quality prekindergarten program for a child, even if the child moves out of the program’s service area, if that enrollment and participation are in the child’s best interest, including by providing transportation when necessary; (iv) professional development for high-quality prekindergarten program staff regarding migratory children and homelessness among families with young children; and (v) in serving homeless children, collaboration with local educational agency liaisons designated under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11432(g)(1)(J)(ii) ), and local homeless service providers. (4) Accessible comprehensive services A description of how the eligible local entity plans to provide accessible comprehensive services, described in section 112(9)(I) , to the children the eligible local entity serves. Such description shall provide information on how the entity will— (A) conduct a data-driven community assessment in coordination with members of the community, including parents and community organizations, or use a recently conducted data-driven assessment, which— (i) may involve an external partner with expertise in conducting such needs analysis, to determine the most appropriate social or other support services to offer through the eligible local entity’s on-site comprehensive services to children who participate in high-quality prekindergarten programs; and (ii) shall consider the resources available at the school, local educational agency, and community levels to address the needs of the community and improve child outcomes; and (B) have a coordinated system to facilitate the screening, referral, and provision of services related to health, nutrition, mental health, disability, and family support for children served by the eligible local entity. (5) Workforce A description of how the eligible local entity plans to support the instructional staff of such entity’s high-quality prekindergarten program, which shall, at a minimum, include a plan to provide high-quality professional development, or facilitate the provision of high-quality professional development through an external partner with expertise and a demonstrated track record of success, based on scientifically valid research, that will improve the knowledge and skills of high-quality prekindergarten teachers and staff through activities, which may include— (A) acquiring content knowledge and learning teaching strategies needed to provide effective instruction that addresses the State’s early learning and development standards described under section 115(1); (B) enabling high-quality prekindergarten teachers and staff to pursue specialized training in early childhood development; (C) enabling high-quality prekindergarten teachers and staff to acquire the knowledge and skills to provide instruction and appropriate language and support services to increase the English language skills of dual language learners; (D) enabling high-quality prekindergarten teachers and staff to acquire the knowledge and skills to provide developmentally appropriate instruction for children with disabilities; (E) promoting classroom management; (F) providing high-quality induction and support for incoming high-quality prekindergarten teachers and staff in high-quality prekindergarten programs, including through the use of mentoring programs that have a demonstrated track record of success; (G) promoting the acquisition of relevant credentials, including in ways that support career advancement through career ladders; and (H) enabling high-quality prekindergarten teachers and staff to acquire the knowledge and skills to provide culturally competent instruction for children from diverse backgrounds. 122. Required subgrant activities (a) In general An eligible local entity that receives a subgrant under section 117(b) shall use subgrant funds to implement the elements of a high-quality prekindergarten program for the children described in section 117(b). (b) Coordination (1) Local educational agency partnerships with local early childhood education programs A local educational agency that receives a subgrant under this subtitle shall provide an assurance that the local educational agency will enter into strong partnerships with local early childhood education programs, including programs supported through the Head Start Act ( 42 U.S.C. 9831 et seq. ). (2) Eligible local entities that are not local educational agencies An eligible local entity that is not a local educational agency that receives a subgrant under this subtitle shall provide an assurance that such entity will enter into strong partnerships with local educational agencies. 123. Report and evaluation (a) In general Each State that receives a grant under this subtitle shall prepare an annual report, in such manner and containing such information as the Secretary may reasonably require. (b) Contents A report prepared under subsection (a) shall contain, at a minimum— (1) a description of the manner in which the State has used the funds made available through the grant and a report of the expenditures made with the funds; (2) a summary of the State’s progress toward providing access to high-quality prekindergarten programs for children eligible for such services, as determined by the State, from families with incomes at or below 200 percent of the poverty line, including the percentage of funds spent on children from families with incomes— (A) at or below 100 percent of the poverty line; (B) at or below between 101 and 150 percent of the poverty line; and (C) at or below between 151 and 200 percent of the poverty line; (3) an evaluation of the State’s progress toward achieving the State’s performance targets, described in section 119 ; (4) data on the number of high-quality prekindergarten program teachers and staff in the State (including teacher turnover rates and teacher compensation levels compared to teachers in elementary schools and secondary schools), according to the setting in which such teachers and staff work (which settings shall include, at a minimum, Head Start programs, public prekindergarten, and child care programs) who received training or education during the period of the grant and remained in the early childhood education program field; (5) data on the kindergarten readiness of children in the State; (6) a description of the State’s progress in overcoming barriers to the effective use of Federal, State, and local public funds and private funds, for early childhood education; (7) the number and percentage of children in the State participating in high-quality prekindergarten programs, disaggregated by race, ethnicity, family income, child age, disability, whether the children are homeless children, and whether the children are dual language learners; (8) data on the availability, affordability, and quality of infant and toddler care in the State; (9) the number of operational minutes per week and per year for each eligible local entity that receives a subgrant; (10) the local educational agency and ZIP code in which each eligible local entity that receives a subgrant operates; (11) information, for each of the local educational agencies described in paragraph (10), on the percentage of the costs of the public early childhood education programs that is funded from Federal, from State, and from local sources, including the percentages from specific funding programs; (12) data on the number and percentage of children in the State participating in public kindergarten programs, disaggregated by race, family income, child age, disability, whether the children are homeless children, and whether the children are dual language learners, with information on whether such programs are offered— (A) for a full-day; and (B) at no cost to families; and (13) data on the number of individuals in the State who are supported with scholarships, if applicable, to meet the baccalaureate degree requirement for high-quality prekindergarten programs, as defined in section 112. (c) Submission A State shall submit the annual report prepared under subsection (a), at the end of each fiscal year, to the Secretary, the Secretary of Health and Human Services, and the State Advisory Council on Early Childhood Education and Care. (d) Cooperation An eligible local entity that receives a subgrant under this subtitle shall cooperate with all Federal and State efforts to evaluate the effectiveness of the program the entity implements with subgrant funds. (e) National report The Secretary shall compile and summarize the annual State reports described under subsection (c) and shall prepare and submit an annual report to Congress that includes a summary of such State reports. 124. Prohibition of required participation or use of funds for assessments (a) Prohibition on required participation A State receiving a grant under this subtitle shall not require any child to participate in any Federal, State, local, or private early childhood education program, including a high-quality prekindergarten program. (b) Prohibition on use of funds for assessment A State receiving a grant under this subtitle and an eligible local entity receiving a subgrant under this subtitle shall not use any grant or subgrant funds to carry out any of the following activities: (1) An assessment that provides rewards or sanctions for individual children, teachers, or principals. (2) An assessment that is used as the primary or sole method for assessing program effectiveness. (3) Evaluating children, other than for the purposes of— (A) improving instruction or the classroom environment; (B) targeting professional development; (C) determining the need for health, mental health, disability, or family support services; (D) program evaluation for the purposes of program improvement and parent information; and (E) improving parent and family engagement. 125. Coordination with Head Start programs (a) Increased access for younger children Not later than 1 year after the date of enactment of this Act, the Secretary and the Secretary of Health and Human Services shall develop a process— (1) for use in the event that Head Start programs funded under the Head Start Act ( 42 U.S.C. 9831 et seq. ) operate in States or regions that have achieved sustained universal, voluntary access to 4-year-old children who reside within the State and who are from families with incomes at or below 200 percent of the poverty line to high-quality prekindergarten programs; and (2) for how such Head Start programs will begin converting slots for children who are age 4 on the eligibility determination date to children who are age 3 on the eligibility determination date, or, when appropriate, converting Head Start Programs into Early Head Start programs to serve infants and toddlers. (b) Community need and resources The process described in subsection (a) shall— (1) be carried out on a case-by-case basis and shall ensure that sufficient resources and time are allocated for the development of such a process so that no child or cohort is excluded from currently available services; and (2) ensure that any conversion shall be based on community need and not on the aggregate number of children served in a State or region that has achieved sustained, universal, voluntary access to high-quality prekindergarten programs. (c) Public comment and notice Not fewer than 90 days after the development of the proposed process described in subsection (a), the Secretary and the Secretary of Health and Human Services shall publish a notice describing such proposed process for conversion in the Federal Register providing at least 90 days for public comment. The Secretaries shall review and consider public comments prior to finalizing the process for conversion of Head Start slots and programs. (d) Reports to congress Concurrently with publishing a notice in the Federal Register as described in subsection (c), the Secretaries shall provide a report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate that provides a detailed description of the proposed process described in subsection (a), including a description of the degree to which Head Start programs are providing State-funded high-quality prekindergarten programs as a result of the grant opportunity provided under this subtitle in States where Head Start programs are eligible for conversion described in subsection (a). 126. Technical assistance in program administration In providing technical assistance to carry out activities under this title, the Secretary shall coordinate that technical assistance, in appropriate cases, with technical assistance provided by the Secretary of Health and Human Services to carry out the programs authorized under the Head Start Act ( 42 U.S.C. 9831 et seq. ), the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 et seq. ), and the maternal, infant and early childhood home visiting programs assisted under section 511 of the Social Security Act ( 42 U.S.C. 711 ). 127. Authorization of appropriations There are authorized to be appropriated to carry out this subtitle— (1) $1,300,000,000 for fiscal year 2015; (2) $3,250,000,000 for fiscal year 2016; (3) $5,780,000,000 for fiscal year 2017; (4) $7,580,000,000 for fiscal year 2018; (5) $8,960,000,000 for fiscal year 2019; and (6) such sums as may be necessary for each of fiscal years 2020 through 2024. B Prekindergarten Development Grants 151. Prekindergarten development grants (a) In general From the amounts appropriated under subsection (f), the Secretary of Education, in consultation with the Secretary of Health and Human Services, shall award competitive grants to States that wish to increase the capacity and build the infrastructure within the State to offer high-quality prekindergarten programs. (b) Eligibility A State that is not receiving funds under section 115 may compete for grant funds under this subtitle if the State provides an assurance that the State will, through the support of grant funds awarded under this subtitle, meet the eligibility requirements of section 115 not later than 3 years after the date the State first receives grant funds under this subtitle. (c) Grants (1) Duration The Secretary shall award grants to States under this subtitle for a period of not more than 3 years and such grants shall not be renewed. (2) Authority to subgrant (A) In general A State receiving a grant under this subtitle may use the grant funds to make subgrants to eligible local entities (defined in section 112(7)) to carry out activities under the grant. (B) Eligible local entities An eligible local entity receiving a subgrant under subparagraph (A) shall comply with the requirements for States receiving a grant under this subtitle, as appropriate. (d) Application (1) In general A Governor of a State that desires to receive a grant under this subtitle shall submit an application to the Secretary of Education at such time, in such manner, and accompanied by such information as the Secretary may reasonably require, including a description of how the State plans to become eligible for grants under section 115 by not later than 3 years after the date the State first receives grant funds under this subtitle. (2) Development of application In developing an application for a grant under this subtitle, a Governor of a State shall consult with the State Advisory Council on Early Childhood Education and Care, and incorporate their recommendations, where applicable. (e) Matching requirement (1) In general To be eligible to receive a grant under this subtitle, a State shall contribute for the activities for which the grant was awarded non-Federal matching funds in an amount equal to not less than 20 percent of the amount of the grant. (2) Non-federal funds To satisfy the requirement of paragraph (1), a State may use— (A) cash; or (B) an in-kind contribution. (3) Financial hardship waiver The Secretary may waive paragraph (1) or reduce the amount of matching funds required under that paragraph for a State that has submitted an application for a grant under this subtitle if the State demonstrates, in the application, a need for such a waiver or reduction due to extreme financial hardship, as determined by the Secretary of Education. (f) Authorization of Appropriations There are authorized to be appropriated to carry out this subtitle— (1) $750,000,000 for fiscal year 2015; and (2) such sums as may be necessary for each of fiscal years 2016 through 2024. II Restoring Summer Pell Grants 201. Federal Pell Grants Section 401(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a ) is amended— (1) by redesignating paragraphs (5) through (7) as paragraphs (6) through (8), respectively; (2) in paragraph (2)(A)(ii), by striking paragraph (7)(B) and inserting paragraph (8)(B) ; and (3) by inserting after paragraph (4), the following: (5) (A) The Secretary shall award a student not more than two Federal Pell Grants during a single award year to permit such student to accelerate the student’s progress toward a degree or certificate if the student is enrolled— (i) on at least a half-time basis for a period of more than one academic year, or more than two semesters or an equivalent period of time, during a single award year; and (ii) in a program of instruction at an institution of higher education for which the institution awards an associate or baccalaureate degree or a certificate. (B) In the case of a student receiving more than one Federal Pell Grant in a single award year under subparagraph (A), the total amount of Federal Pell Grants awarded to such student for the award year may exceed the maximum basic grant level specified in the appropriate appropriations Act for such award year. . III Restoring Title IV Ability-to-Benefit Eligibility 301. Ability-to-benefit eligibility Section 484(d) of the Higher Education Act of 1965 ( 20 U.S.C. 1091(d) ) is amended to read as follows: (d) Students who are not high school graduates In order for a student who does not have a certificate of graduation from a school providing secondary education, or the recognized equivalent of such certificate, to be eligible for any assistance under subparts 1, 3, and 4 of part A and parts B, C, D, and E of this title, the student shall meet one of the following standards: (1) The student shall take an independently administered examination and shall achieve a score, specified by the Secretary, demonstrating that such student can benefit from the education or training being offered. Such examination shall be approved by the Secretary on the basis of compliance with such standards for development, administration, and scoring as the Secretary may prescribe in regulations. (2) The student shall be determined as having the ability to benefit from the education or training in accordance with such process as the State shall prescribe. Any such process described or approved by a State for the purposes of this section shall be effective 6 months after the date of submission to the Secretary unless the Secretary disapproves such process. In determining whether to approve or disapprove such process, the Secretary shall take into account the effectiveness of such process in enabling students without high school diplomas or the equivalent thereof to benefit from the instruction offered by institutions utilizing such process, and shall also take into account the cultural diversity, economic circumstances, and educational preparation of the populations served by the institutions. (3) The student has completed a secondary school education in a home school setting that is treated as a home school or private school under State law. (4) The student shall be determined by the institution of higher education as having the ability to benefit from the education or training offered by the institution of higher education upon satisfactory completion of six credit hours or the equivalent coursework that are applicable toward a degree or certificate offered by the institution of higher education. . IV Youth Promise/Federal Coordination of Local and Tribal Juvenile Justice Information and Efforts 401. PROMISE Advisory Panel (a) Organization of State Advisory Group Member Representatives Section 223(f) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 42 U.S.C. 5633(f) ) is amended— (1) in paragraph (1), by striking an eligible organization composed of member representatives of the State advisory groups appointed under subsection (a)(3) and inserting a nonpartisan, nonprofit organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986, ; and (2) by amending paragraph (2) to read as follows: (2) Assistance To be eligible to receive such assistance, such organization shall— (A) be governed by individuals who— (i) have been appointed by a chief executive of a State to serve as a State advisory group member under subsection (a)(3); and (ii) are elected to serve as a governing officer of such organization by a majority of the Chairs (or Chair-designees) of all such State advisory groups; (B) include member representatives from a majority of such State advisory groups, who shall be representative of regionally and demographically diverse States and jurisdictions; (C) annually seek appointments by the chief executive of each State of one State advisory group member and one alternate State advisory group member from each such State to implement the advisory functions specified in clauses (iv) and (v) of subparagraph (D), including serving on the PROMISE Advisory Panel, and make a record of any such appointments available to the public; and (D) agree to carry out activities that include— (i) conducting an annual conference of such member representatives for purposes relating to the activities of such State advisory groups; (ii) disseminating information, data, standards, advanced techniques, and program models; (iii) reviewing Federal policies regarding juvenile justice and delinquency prevention; (iv) advising the Administrator with respect to particular functions or aspects of the work of the Office, and appointing a representative, diverse group of members of such organization under subparagraph (C) to serve as an advisory panel of State juvenile justice advisors (referred to as the PROMISE Advisory Panel ) to carry out the functions specified in subsection (g); and (v) advising the President and Congress with regard to State perspectives on the operation of the Office and Federal legislation pertaining to juvenile justice and delinquency prevention. . (b) PROMISE Advisory Panel Section 223 of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 42 U.S.C. 5633 ) is further amended by adding at the end the following new subsection: (g) PROMISE Advisory Panel (1) Functions The PROMISE Advisory Panel required under subsection (f)(2)(D) shall— (A) assess successful evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention carried out by PROMISE Coordinating Councils under section 511 of title V of division A of the Pathways Out of Poverty Act of 2014 ; (B) provide the Administrator with a list of individuals and organizations with experience in administering or evaluating practices that serve youth involved in, or at risk of involvement in, juvenile delinquency and criminal street gang activity, from which the Administrator shall select individuals who shall— (i) provide to the Administrator peer reviews of applications submitted by units of local government and Indian tribes pursuant to title V of division A of the Pathways Out of Poverty Act of 2014 , to ensure that such applications demonstrate a clear plan to— (I) serve youth as part of an entire family unit; and (II) coordinate the delivery of service to youth among agencies; and (ii) advise the Administrator with respect to the award and allocation of PROMISE Planning grants to local and tribal governments that develop PROMISE Coordinating Councils, and of PROMISE Implementation grants to such PROMISE Coordinating Councils, pursuant to of title V of division A of the Pathways Out of Poverty Act of 2014 ; and (C) develop performance standards to be used to evaluate programs and activities carried out with grants under of title V of division A of the Pathways Out of Poverty Act of 2014 , including the evaluation of changes achieved as a result of such programs and activities related to decreases in juvenile delinquency and criminal street gang activity, including— (i) prevention of involvement by at-risk youth in juvenile delinquency or criminal street gang activity; (ii) diversion of youth with a high risk of continuing involvement in juvenile delinquency or criminal street gang activity; and (iii) financial savings from deferred or eliminated costs, or other benefits, as a result of such programs and activities, and the reinvestment by the unit or tribe of any such savings. (2) Annual report Not later than 18 months after the date of the effective date of this subsection, and annually thereafter, the PROMISE Advisory Panel shall prepare a report containing the findings and determinations under paragraph (1)(A) and shall submit such report to Congress, the President, the Attorney General, and the chief executive and chief law enforcement officer of each State, unit of local government, and Indian tribe. . (c) Authorization of appropriations Section 299(a)(1) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 42 U.S.C. 5671(a)(1) ) is amended to read as follows: (1) There are authorized to be appropriated such sums as may be necessary to carry out this title for each of the fiscal years 2015 through 2017. . 402. Geographic assessment of resource allocation (a) Grant for collection of data To determine need Subject to the availability of appropriations, the Administrator of the Office of Juvenile Justice and Delinquency Prevention shall award a grant, on a competitive basis, to an organization to— (1) collect and analyze data related to the existing juvenile delinquency and criminal street gang activity prevention and intervention needs and resources in each designated geographic area; (2) use the data collected and analyzed under paragraph (1) to compile a list of designated geographic areas that have the most need of resources, based on such data, to carry out juvenile delinquency and criminal street gang activity prevention and intervention; (3) use the data collected and analyzed under paragraph (1) to rank the areas listed under paragraph (2) in descending order by the amount of need for resources to carry out juvenile delinquency and criminal street gang activity prevention and intervention, ranking the area with the greatest need for such resources highest; and (4) periodically update the list and rankings under paragraph (3) as the Administrator determines to be appropriate. (b) Data sources In compiling such list and determining such rankings, the organization shall collect and analyze data relating to juvenile delinquency and criminal street gang activity prevention and intervention— (1) using the geographic information system and Web-based mapping application known as the Socioeconomic Mapping and Resource Topography (SMART) system; (2) from the Department of Health and Human Services, the Department of Labor, the Department of Housing and Urban Development, and the Department of Education; and (3) from the annual KIDS Count Data Book and other data made available by the KIDS Count initiative of the Annie E. Casey Foundation. (c) Use of data by the administrator The list and rankings required by this section shall be provided to the Administrator to be used to provide funds under this section in the most strategic and effective manner to ensure that resources and services are provided to youth in the communities with the greatest need for such resources and services. (d) Limitation on use of collected data The information collected and analyzed under this section may not be used for any purpose other than to carry out the purposes of this section. Such information may not be used for any purpose related to the investigation or prosecution of any person, or for profiling of individuals based on race, ethnicity, socio-economic status, or any other characteristic. (e) Authorization and limitation of appropriations Of the amount appropriated for fiscal year 2015 to carry out this section and subtitle A of title V of this Act, not more than 1 percent of such amount, or $1,000,000, whichever is less, shall be available to carry out this section. V Promise Grants 501. Purposes The purposes of the grant programs established under this title are to— (1) enable local and tribal communities to assess the unmet needs of youth who are involved in, or are at risk of involvement in, juvenile delinquency or criminal street gangs; (2) develop plans appropriate for a community to address those unmet needs with juvenile delinquency and gang prevention and intervention practices; and (3) implement and evaluate such plans in a manner consistent with this title. 502. Definitions In this title: (1) Administrator The term Administrator means the Administrator of the Office of Juvenile Justice and Delinquency Prevention. (2) Community The term community means a unit of local government or an Indian tribe, or part of such a unit or tribe, as determined by such a unit or tribe for the purpose of applying for a grant under this title. (3) Designated geographic area The term designated geographic area means a 5-digit postal ZIP Code assigned to a geographic area by the United States Postal Service. (4) Evidence-based (A) In general The term evidence-based , when used with respect to a practice relating to juvenile delinquency and criminal street gang activity prevention and intervention, means a practice (including a service, program, activity, intervention, technology, or strategy) for which the Administrator has determined— (i) causal evidence documents a relationship between the practice and its intended outcome, based on measures of the direction and size of a change, and the extent to which a change may be attributed to the practice; and (ii) the use of scientific methods rules out, to the extent possible, alternative explanations for the documented change. (B) Scientific methods For the purposes of subparagraph (A) , the term scientific methods means— (i) evaluation by an experimental trial, in which participants are randomly assigned to participate in the practice that is subject to such trial; or (ii) evaluation by a quasi-experimental trial, in which the outcomes for participants are compared with outcomes for a control group that is made up of individuals who are similar to such participants. (5) Intervention The term intervention means the provision of programs and services that are supported by research, are evidence-based or promising practices, and are provided to youth who are involved in, or who are identified by evidence-based risk assessment methods as being at high risk of continued involvement in, juvenile delinquency or criminal street gangs, as a result of indications that demonstrate involvement with problems such as truancy, substance abuse, mental health treatment needs, or siblings who have had involvement with juvenile or criminal justice systems. (6) Juvenile delinquency and criminal street gang activity prevention The term juvenile delinquency and criminal street gang activity prevention means the provision of programs and resources to children and families who have not yet had substantial contact with criminal justice or juvenile justice systems, that— (A) are designed to reduce potential juvenile delinquency and criminal street gang activity risks; and (B) are evidence-based or promising educational, health, mental health, school-based, community-based, faith-based, parenting, job training, social opportunities and experiences, or other programs, for youth and their families, that have been demonstrated to be effective in reducing juvenile delinquency and criminal street gang activity risks. (7) Promising The term promising , when used with respect to a practice relating to juvenile delinquency and criminal street gang activity prevention and intervention, means a practice (including a service, program, activity, intervention, technology, or strategy) that, based on statistical analyses or a theory of change, the Administrator has determined— (A) has outcomes from an evaluation that demonstrate such practice reduces juvenile delinquency and criminal street gang activity; and (B) is part of a study being conducted to determine if such a practice is evidence-based. (8) State The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, the Northern Mariana Islands, and any other territories or possessions of the United States. (9) Theory of change The term theory of change means a program planning strategy approved by the Administrator that outlines the types of interventions and outcomes essential to achieving a set of program goals. (10) Youth The term youth means— (A) an individual who is 18 years of age or younger; or (B) in any State in which the maximum age at which the juvenile justice system of such State has jurisdiction over individuals exceeds 18 years of age, an individual who is such maximum age or younger. A PROMISE Assessment and Planning Grants 510. PROMISE Assessment and Planning grants authorized (a) Grants authorized The Administrator is authorized to award grants to units of local government and Indian tribes to assist PROMISE Coordinating Councils with planning and assessing evidence-based and promising practices relating to juvenile delinquency and criminal street gang activity prevention and intervention, especially for youth who are involved in, or who are at risk of involvement in, juvenile delinquency and criminal street gang activity. Such PROMISE Coordinating Councils shall— (1) conduct an objective needs and strengths assessment in accordance with section 512; and (2) develop a PROMISE Plan in accordance with section 513, based on the assessment conducted in accordance with section 512. (b) Grant duration, amount, and allocation (1) Duration A grant awarded under this section shall be for a period not to exceed one year. (2) Maximum grant amount A grant awarded under this section shall not exceed $300,000. (c) Allocation (1) Minimum allocation Subject to the availability of appropriations, the Administrator shall ensure that the total funds allocated under this section to units of local governments and Indian tribes in a State shall not be less than $1,000,000. (2) Ratable reduction If the amount made available for grants under this section for any fiscal year is less than the amount required to provide the minimum allocation of funds under paragraph (1) to units of local government and Indian tribes in each State, then the amount of such minimum allocation shall be ratably reduced. 511. PROMISE Coordinating Councils To be eligible to receive a grant under this subtitle, a unit of local government or an Indian tribe shall establish a PROMISE Coordinating Council for each community of such unit or tribe, respectively, for which such unit or tribe is applying for a grant under this subtitle. Each such community shall include one or more designated geographic areas identified on the list required under section 402(a)(2). The members of such a PROMISE Coordinating Council shall be representatives of public and private sector entities and individuals that— (1) shall include, to the extent possible, at least one representative from each of the following: (A) the local chief executive’s office; (B) a local educational agency; (C) a local health agency or provider; (D) a local mental health agency or provider, unless the representative under subparagraph (C) also meets the requirements of this subparagraph; (E) a local public housing agency; (F) a local law enforcement agency; (G) a local child welfare agency; (H) a local juvenile court; (I) a local juvenile prosecutor’s office; (J) a private juvenile residential care entity; (K) a local juvenile public defender’s office; (L) a State juvenile correctional entity; (M) a local business community representative; and (N) a local faith-based community representative; (2) shall include two representatives from each of the following: (A) parents who have minor children, and who have an interest in the local juvenile or criminal justice systems; (B) youth between the ages of 15 and 24 who reside in the jurisdiction of the unit or tribe; and (C) members from nonprofit community-based organizations that provide effective delinquency prevention and intervention to youth in the jurisdiction of the unit or tribe; and (3) may include other members, as the unit or tribe determines to be appropriate. 512. Needs and strengths assessment (a) Assessment Each PROMISE Coordinating Council receiving funds from a unit of local government or Indian tribe under this subtitle shall conduct an objective strengths and needs assessment of the resources of the community for which such PROMISE Coordinating Council was established, to identify the unmet needs of youth in the community with respect to evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention. Such assessment shall include, with respect to the community for which such PROMISE Coordinating Council was established— (1) the number of youth who are at-risk of involvement in juvenile delinquency or street gang activity; (2) the number of youth who are involved in juvenile delinquency or criminal street gang activity, including the number of such youth who are at high risk of continued involvement; (3) youth unemployment rates during the summer; (4) the number of individuals on public financial assistance (including a breakdown of the numbers of men, women, and children on such assistance); (5) the estimated number of youth who are chronically truant; (6) the number of youth who have dropped out of school in the previous year; (7) for the year before such assessment, the estimated total amount expended (by the community and other entities) for the incarceration of offenders who were convicted or adjudicated delinquent for an offense that was committed in such community, including amounts expended for the incarceration of offenders in prisons, jails, and juvenile facilities that are located in the United States but are not located in such community; (8) a comparison of the amount under paragraph (7) with an estimation of the amount that would be expended for the incarceration of offenders described in such paragraph if the number of offenders described in such paragraph was equal to the national average incarceration rate per 100,000 population; and (9) a description of evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention available for youth in the community, including school-based programs, after school programs (particularly programs that have activities available for youth between 3 p.m. and 6 p.m. in the afternoon), weekend activities and programs, youth mentoring programs, faith and community-based programs, summer activities, and summer jobs, if any; and (10) a description of evidence-based and promising intervention practices available for youth in the community. (b) Limitation on use of assessment information Information gathered pursuant to this section may be used for the sole purpose of developing a PROMISE Plan in accordance with this subtitle. 513. PROMISE Plan components (a) In general Each PROMISE Coordinating Council receiving funds from a unit of local government or Indian tribe under this subtitle shall develop a PROMISE Plan to provide for the coordination of, and, as appropriate, to support the delivery of, evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention to youth and families who reside in the community for which such PROMISE Coordinating Council was established. Such a PROMISE Plan shall— (1) include the strategy by which the PROMISE Coordinating Council plans to prioritize and allocate resources and services toward the unmet needs of youth in the community, consistent with the needs and available resources of communities with the greatest need for assistance, as determined pursuant to section 402; (2) include a combination of evidence-based and promising prevention and intervention practices that are responsive to the needs of the community; and (3) ensure that cultural and linguistic needs of the community are met. (b) Mandatory components Each PROMISE Plan shall— (1) include a plan to connect youth identified in paragraphs (1) and (2) of section 512(a) to evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention; (2) identify the amount or percentage of local funds that are available to the PROMISE Coordinating Council to carry out the PROMISE Plan; (3) provide strategies to improve indigent defense delivery systems, with particular attention given to groups of children who are disproportionately represented in the State delinquency system and Federal criminal justice system, as compared to the representation of such groups in the general population of the State; (4) provide for training (which complies with the American Bar Association Juvenile Justice Standards for the representation and care of youth in the juvenile justice system) of prosecutors, defenders, probation officers, judges and other court personnel related to issues concerning the developmental needs, challenges, and potential of youth in the juvenile justice system (including training related to adolescent development and mental health issues, and the expected impact of evidence-based practices and cost reduction strategies); (5) ensure that the number of youth involved in the juvenile delinquency and criminal justice systems does not increase as a result of the activities undertaken with the funds provided under this subtitle; (6) describe the coordinated strategy that will be used by the PROMISE Coordinating Council to provide at-risk youth with evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention; (7) propose the performance evaluation process to be used to carry out section 530(d), which shall include performance measures to assess efforts to address the unmet needs of youth in the community with evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention; and (8) identify the research partner the PROMISE Coordinating Council will use to obtain information on evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention, and for the evaluation under section 530(d) of the results of the activities carried out with funds under this subtitle. (c) Voluntary components In addition to the components under subsection (b), a PROMISE Plan may include evidence-based or promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention in the following categories: (1) Early childhood development services (such as pre-natal and neo-natal health services), early childhood prevention, voluntary home visiting programs, nurse-family partnership programs, parenting and healthy relationship skills training, child abuse prevention programs, Early Head Start, and Head Start. (2) Child protection and safety services (such as foster care and adoption assistance programs), family stabilization programs, child welfare services, and family violence intervention programs. (3) Youth and adolescent development services, including job training and apprenticeship programs, job placement and retention training, education and after school programs (such as school programs with shared governance by students, teachers, and parents, and activities for youth between the hours of 3 p.m. and 6 p.m. in the afternoon), mentoring programs, conflict resolution skills training, sports, arts, life skills, employment and recreation programs, summer jobs, and summer recreation programs, and alternative school resources for youth who have dropped out of school or demonstrate chronic truancy. (4) Health and mental health services, including cognitive behavioral therapy, play therapy, and peer mentoring and counseling. (5) Substance abuse counseling and treatment services, including harm-reduction strategies. (6) Emergency, transitional, and permanent housing assistance (such as safe shelter and housing for runaway and homeless youth). (7) Targeted gang prevention, intervention, and exit services such as tattoo removal, successful models of anti-gang crime outreach programs (such as street worker programs), and other criminal street gang truce or peacemaking activities. (8) Training and education programs for pregnant teens and teen parents. (9) Alternatives to detention and confinement programs (such as mandated participation in community service, restitution, counseling, and intensive individual and family therapeutic approaches). (10) Pre-release, post-release, and reentry services to assist detained and incarcerated youth with transitioning back into and reentering the community. 514. Authorization of appropriations Subject to the limitation under section 402(e), there are authorized to be appropriated for fiscal year 2015, such sums as may be necessary to carry out this subtitle and section 402. B PROMISE Implementation Grants 530. PROMISE Implementation grants authorized (a) PROMISE Implementation grants authorized The Administrator of the Office of Juvenile Justice and Delinquency Prevention is authorized to award grants to units of local government and Indian tribes to assist PROMISE Coordinating Councils with implementing PROMISE Plans developed pursuant to subtitle A. (b) Grant duration and amount (1) Duration A grant awarded under this subtitle shall be for a three-year period. (2) Maximum grant amount A grant awarded under this subtitle shall not be for more than $10,000,000 per year for each year of the grant period. (c) Non-Federal funds required For each fiscal year during the three-year grant period for a grant under this subtitle, each unit of local government or Indian tribe receiving such a grant for a PROMISE Coordinating Council shall provide, from non-Federal funds, in cash or in-kind, 25 percent of the costs of the activities carried out with such grant. (d) Evaluation Of any funds provided to a unit of local government or an Indian tribe for a grant under this subtitle, not more than $100,000 shall be used to provide a contract to a competitively selected organization to assess the progress of the unit or tribe in addressing the unmet needs of youth in the community, in accordance with the performance measures under section 513(b)(7). 531. PROMISE Implementation grant application requirements (a) Application required To be eligible to receive a PROMISE Implementation grant under this subtitle, a unit of local government or Indian tribe that received a PROMISE Assessment and Planning grant under subtitle A shall submit an application to the Administrator of the Office of Juvenile Justice and Delinquency Prevention not later than one year after the date such unit of local government or Indian tribe was awarded such grant under subtitle A, in such manner, and accompanied by such information, as the Administrator, after consultation with the organization under section 223(f)(1) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 42 U.S.C. 5633(f)(1) ), may require. (b) Contents of application Each application submitted under subsection (a) shall— (1) identify potential savings from criminal justice costs, public assistance costs, and other costs avoided by utilizing evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention; (2) document— (A) investment in evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention to be provided by the unit of local government or Indian tribe; (B) the activities to be undertaken with the grants funds; (C) any expected efficiencies in the juvenile justice or other local systems to be attained as a result of implementation of the programs funded by the grant; and (D) outcomes from such activities, in terms of the expected numbers related to reduced criminal activity; (3) describe how savings sustained from investment in prevention and intervention practices will be reinvested in the continuing implementation of the PROMISE Plan; and (4) provide an assurance that the local fiscal contribution with respect to evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention in the community for which the PROMISE Coordinating Council was established for each year of the grant period will not be less than the local fiscal contribution with respect to such practices in the community for the year preceding the first year of the grant period. 532. Grant award guidelines (a) Selection and distribution Grants awarded under this subtitle shall be awarded on a competitive basis. The Administrator shall— (1) take such steps as may be necessary to ensure that grants are awarded to units of local governments and Indian tribes in areas with the highest concentrations of youth who are— (A) at-risk of involvement in juvenile delinquency or criminal street gang activity; and (B) involved in juvenile delinquency or street gang activity and who are at high-risk of continued involvement; and (2) give consideration to the need for grants to be awarded to units of local governments and Indian tribes in each region of the United States, and among urban, suburban, and rural areas. (b) Extension of grant award The Administrator may extend the grant period under section 530(b)(1) for a PROMISE Implementation grant to a unit of local government or an Indian tribe, in accordance with regulations issued by the Administrator. (c) Renewal of grant award Subject to the availability of appropriations, the Administrator may renew a PROMISE Implementation grant to a unit of local government or an Indian tribe to provide such unit or tribe with additional funds to continue implementation of a PROMISE Plan. Such a renewal— (1) shall be initiated by an application for renewal from a unit of local government or an Indian tribe; (2) shall be carried out in accordance with regulations issued by the Administrator; and (3) shall not be granted unless the Administrator determines such a renewal to be appropriate based on the results of the evaluation conducted under section 523(a) with respect to the community of such unit or tribe for which a PROMISE Coordinating Council was established, and for which such unit or tribe is applying for renewal. 533. Reports Not later than one year after the end of the grant period for which a unit of local government or an Indian tribe receives a PROMISE Implementation grant, and annually thereafter for as long as such unit or tribe continues to receive Federal funding for a PROMISE Coordinating Council, such unit or tribe shall report to the Administrator regarding the use of Federal funds to implement the PROMISE Plan developed under subtitle A. 534. Authorization of appropriations There are authorized to be appropriated to carry out this subtitle such sums as may be necessary for each of the fiscal years 2015 through 2017. C General PROMISE Grant Provisions 540. Nonsupplanting clause A unit of local government or Indian tribe receiving a grant under this title shall use such grant only to supplement, and not supplant, the amount of funds that, in the absence of such grant, would be available to address the needs of youth in the community with respect to evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention. 541. Grant application review panel The Administrator of the Office of Juvenile Justice and Delinquency Prevention, in conjunction with the PROMISE Advisory Panel, shall establish and utilize a transparent, reliable, and valid system for evaluating applications for PROMISE Assessment and Planning grants and for PROMISE Implementation grants, and shall determine which applicants meet the criteria for funding, based primarily on a determination of greatest need (in accordance with section 402), with due consideration to other enumerated factors and the indicated ability of the applicant to successfully implement the program described in the application. 542. Evaluation of PROMISE grant programs Subject to the availability of appropriations under this title, the Administrator shall, in consultation with the organization provided assistance under section 223(f)(1) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 42 U.S.C. 5633(f)(1) ), provide for an evaluation of the programs and activities carried out with grants under this title. In carrying out this section, the Administrator shall— (1) award grants to institutions of higher education (including institutions that are eligible to receive funds under part F of title III of the Higher Education Act of 1965 ( 20 U.S.C. 1067q et seq. ), to facilitate the evaluation process and measurement of achieved outcomes; (2) identify evidence-based and promising practices used by PROMISE Coordinating Councils under PROMISE Implementation grants that have proven to be effective in preventing involvement in, or diverting further involvement in, juvenile delinquency or criminal street gang activity; and (3) ensure— (A) that such evaluation is based on the performance standards that are developed by the PROMISE Advisory Panel in accordance with section 223(g) of the Juvenile Justice and Delinquency Prevention Act of 1974 (as added by section 401(b) of title IV of this division); (B) the development of longitudinal and clinical trial evaluation and performance measurements with regard to the evidence-based and promising practices funded under this title; and (C) the dissemination of the practices identified in paragraph (2) to units of local government and Indian tribes to promote the use of such practices by such units and tribes to prevent involvement in, or to divert further involvement in, juvenile delinquency or criminal street gang activity. B Housing VI Common Sense Housing Investment 601. Congressional findings The Congress finds the following: (1) Two principal Federal housing goals are to increase the rate of home ownership and make rental housing affordable for low-income families and individuals. (2) Much more progress has been achieved on the first goal than on the second goal. (3) The Federal Government devotes more than three times the amount of budgetary resources to supporting home ownership than it devotes to making affordable rental housing available. (4) The burden of housing costs is more pronounced among renters than among owners. (5) There is a shortage of more than 7 million homes affordable to families in the bottom 20 percent of income, meaning that there are only 30 affordable units for every 100 families. (6) Only one in four families that qualify for rental housing assistance receives benefits. (7) Housing assistance waiting lists can be 10 years long and in many communities are closed. (8) The shortage of rental homes that are affordable for extremely low-income households to be the principal cause of homelessness in the United States. (9) Public housing facilities in the United States have more than $26 billion in deferred maintenance after decades of neglect which results in a loss of 10,000 units each year. (10) The low-income housing tax credit successfully provides 100,000 units of affordable housing every year. (11) Every tax reform commission has recommended capping the mortgage interest deduction and converting it to a fairer and simpler credit. (12) More than 75 percent of the value of the mortgage interest deduction inures to the benefit of the top 20 percent of earners. (13) Fewer than half of tax filers with a home mortgage claim the mortgage interest deduction. (14) Only 9 percent of rural tax filers claim the mortgage interest deduction. (15) Ninety-six percent of homes sold between 2005 and 2011 sold for less than $500,000. (16) A better approach that provides equitable benefits for families who buy homes, enables more low- and moderate-income homeowners to receive a benefit, and invests in affordable rental housing to assist those who used to be homeless or who have extremely or very low incomes is needed to strengthen families and communities. 602. Replacement of mortgage interest deduction with mortgage interest credit (a) Nonrefundable credit Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25D the following new section: 25E. Interest on indebtedness secured by qualified residence (a) Allowance of credit In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 15 percent of the qualified residence interest paid or accrued during the taxable year. (b) Qualified residence interest For purposes of this section— (1) In general The term qualified residence interest means interest which is paid or accrued during the taxable year on— (A) acquisition indebtedness with respect to any qualified residence of the taxpayer, or (B) home equity indebtedness with respect to any qualified residence of the taxpayer. For purposes of the preceding sentence, the determination of whether any property is a qualified residence of the taxpayer shall be made as of the time the interest is accrued. (2) Overall limitation The aggregate amount of indebtedness taken into account for any period for purposes of this section shall not exceed $500,000 ($250,000 in the case of a married individual filing a separate return). (3) Acquisition indebtedness The term acquisition indebtedness means any indebtedness which— (A) is incurred in acquiring, constructing, or substantially improving any qualified residence of the taxpayer, and (B) is secured by such residence. Such term also includes any indebtedness secured by such residence resulting from the refinancing of indebtedness meeting the requirements of the preceding sentence (or this sentence), but only to the extent the amount of the indebtedness resulting from such refinancing does not exceed the amount of the refinanced indebtedness. (4) Home equity indebtedness (A) In general The term home equity indebtedness means any indebtedness (other than acquisition indebtedness) secured by a qualified residence to the extent the aggregate amount of such indebtedness does not exceed— (i) the fair market value of such qualified residence, reduced by (ii) the amount of acquisition indebtedness with respect to such residence. (B) Limitation The aggregate amount treated as home equity indebtedness for any period shall not exceed $100,000 ($50,000 in the case of a married individual filing a separate return). (c) Special rules For purposes of this section— (1) Qualified residence The term qualified residence means— (A) the principal residence (within the meaning of section 121) of the taxpayer, and (B) 1 other residence of the taxpayer which is selected by the taxpayer for purposes of this subsection for the taxable year and which is used by the taxpayer as a residence (within the meaning of section 280A(d)(1)). (2) Married individuals filing separate returns If a married couple does not file a joint return for the taxable year— (A) such couple shall be treated as 1 taxpayer for purposes of paragraph (1), and (B) each individual shall be entitled to take into account 1 residence unless both individuals consent in writing to 1 individual taking into account the principal residence and 1 other residence. (3) Residence not rented For purposes of paragraph (1)(B), notwithstanding section 280A(d)(1), if the taxpayer does not rent a dwelling unit at any time during a taxable year, such unit may be treated as a residence for such taxable year. (4) Unenforceable security interests Indebtedness shall not fail to be treated as secured by any property solely because, under any applicable State or local homestead or other debtor protection law in effect on August 16, 1986, the security interest is ineffective or the enforceability of the security interest is restricted. (5) Special rules for estates and trusts For purposes of determining whether any interest paid or accrued by an estate or trust is qualified residence interest, any residence held by such estate or trust shall be treated as a qualified residence of such estate or trust if such estate or trust establishes that such residence is a qualified residence of a beneficiary who has a present interest in such estate or trust or an interest in the residuary of such estate or trust. (d) Coordination with deduction In the case of any taxable year beginning in calendar years 2014 through 2018, the taxpayer may elect to apply this section in lieu of the deduction under section 163 for qualified residence interest. . (b) Phaseout of deduction Section 163(h) of such Code is amended by adding at the end the following new paragraph: (6) Phaseout (A) In general In the case of any taxable year beginning in a calendar year after 2013, the amount otherwise allowable as a deduction by reason of paragraph (2)(D) shall be the applicable percentage of such amount. (B) Applicable percentage For purposes of subparagraph (A), the applicable percentage shall be determined in accordance with the following table: For taxable years beginning in calendar year: The applicable percentage is: 2014 100% 2015 80% 2016 60% 2017 40% 2018 20% 2019 and thereafter 0%. . (c) Phasedown of mortgage limit Subparagraph (B) of section 163(h)(3) of such Code is amended by adding at the end the following: (iii) Phasedown (I) In general In the case of any taxable year beginning in calendar years 2014 through 2018, clause (ii) shall be applied by substituting the amounts specified in the table in subclause (II) of this clause for $1,000,000 and $500,000 , respectively. (II) Phasedown amounts For purposes of subclause (I), the amounts specified in this subclause for a taxable year shall be the amounts specified in the following table: For taxable years beginning in calendar year: Amount substituted for $1,000,000: Amount substituted for $500,000: 2014 $1,000,000 $500,000 2015 $900,000 $450,000 2016 $800,000 $400,000 2017 $700,000 $350,000 2018 $600,000 $300,000. . (d) Clerical amendment The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after section 25D the following new item: Sec. 25E. Interest on indebtedness secured by qualified residence. . (e) Effective date The amendments made by this section shall apply with respect to interest paid or accrued after December 31, 2013. 603. Deduction allowed for interest and taxes relating to land for dwelling purposes owned or leased by cooperative housing corporations (a) In general Subparagraph (B) of section 216(b)(1) of the Internal Revenue Code of 1986 is amended by inserting or land, after building, . (b) Effective date The amendment made by subsection (a) shall apply to amounts paid or accrued after December 31, 2012. 604. Use of mortgage interest savings to increase low-income housing tax credit (a) In general Subclause (I) of section 42(h)(3)(C)(ii) of the Internal Revenue Code of 1986 is amended by striking $1.75 ($1.50 for 2001) and inserting $2.70 . (b) Inflation adjustment Subparagraph (H) of section 42(h)(3) of such Code is amended to read as follows: (H) Cost-of-living adjustment (i) In general In the case of a calendar year after 2002, the $2,000,000 amount in subparagraph (C) shall 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 by substituting calendar year 2001 for calendar year 1992 in subparagraph (B) thereof. (ii) Per capita amount In the case of a calendar year after 2014, the $2.70 amount in subparagraph (C) shall 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 by substituting calendar year 2013 for calendar year 1992 in subparagraph (B) thereof. (iii) Rounding (I) In the case of the $2,000,000 amount, any increase under clause (i) which is not a multiple of $5,000 shall be rounded to the next lowest multiple of $5,000. (II) In the case of the $2.70 amount, any increase under clause (ii) which is not a multiple of 5 cents shall be rounded to the next lowest multiple of 5 cents. . (c) Eligible basis Clause (i) of section 42(d)(5)(B) of such Code is amended by striking and at the end of subclause (I), by striking the period at the end of subclause (II) and inserting , and , and by adding at the end the following: (III) in the case of a building containing units which are designated to serve extremely low-income households by the State housing credit agency and require the increase in credit under this subparagraph in order for such building to be financially feasible as part of a qualified low-income housing project, the eligible basis of such building determined by the portion of such units shall be 150 percent of such basis determined without regard to this subparagraph. . (d) Effective date The amendments made by this section shall apply to allocations made in calendar years beginning after December 31, 2013. 605. Use of mortgage interest savings for affordable housing programs (a) Use of savings For each year, the Secretary of the Treasury shall determine the amount of revenues accruing to the general fund of the Treasury by reason of the enactment of section 602 that remain after use of such revenues in accordance with section 604 and shall credit an amount equal to such remaining revenues as follows: (1) Housing Trust Fund The Secretary shall credit the Housing Trust Fund established under section 1338 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4568 ) with an amount equal to 60 percent of the amount of such remaining revenues. (2) Section 8 rental assistance The Secretary shall credit an amount equal to 30 percent of the amount of such remaining revenues to the Secretary of Housing and Urban Development for use only for providing tenant- and project-based rental assistance under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ). (3) Public Housing Capital Fund The Secretary shall credit an amount equal to 10 percent of the amount of such remaining revenues to the Public Housing Capital Fund under section 9(d) of the United States Housing Act of 1937 ( 42 U.S.C. 1437g(d) ). (b) Changes to Housing Trust Fund Not later than the expiration of the 6-month period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development shall revise the regulations relating to the Housing Trust Fund established under section 1338 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4568 ) to provide that such section is carried out with the maximum amount of flexibility possible while complying with such section, which shall include revising such regulations— (1) to increase the limitation on amounts from the Fund that are available for use for operating assistance for housing; (2) to allow public housing agencies and tribally designated housing entities to be recipient of grants amounts from the Fund that are allocated to a State or State designated entity; and (3) eliminate the applicability of rules for the Fund that are based on the HOME Investment Partnerships Act ( 42 U.S.C. 1721 et seq. ). VII Low-Income Housing Tax Credit for Homeless Youth 701. Students who were homeless youths or homeless veterans permitted to occupy low-income housing units (a) In general Section 42(i)(3)(D)(i) of the Internal Revenue Code of 1986 is amended by redesignating subclauses (II) and (III) as subclauses (IV) and (V) and inserting after subclause (I) the following new subclauses: (II) a student who was (prior to occupying such unit) a homeless child or youth (as defined in section 725 of the McKinney-Vento Homeless Assistance Act), (III) a student who was (prior to occupying such unit) a homeless veteran (as defined in section 2002 of title 38, United States Code), . (b) Effective date The amendments made by this section shall apply to determinations made on or after the date of the enactment of this Act. VIII Renters Tax Credit 801. Renters 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. Renters credit (a) In general For purposes of section 38, in the case of a qualified credit recipient, the renters credit for any taxable year is an amount equal to the sum of the renters credit amounts allocated to such qualified credit recipient under this section for months ending during the taxable year. (b) Renters credit amount (1) In general For purposes of this section, the term renters credit amount means the rent reduction amount with respect to each rental unit which is occupied by a qualified renter. (2) Qualified renter For purposes of this section, the term qualified renter means a family unit with income not greater than the higher of— (A) 60 percent of local median income, or (B) 150 percent of the Federal poverty line, in each case as determined by the Secretary of Housing and Urban Development for a family of the size involved. (3) Rent reduction amount For purposes of this section— (A) In general The term rent reduction amount is the amount by which the fair market rent for the unit involved exceeds the rent charged to the qualified renter. (B) Limitation The rent reduction amount taken into account under this section shall not exceed the excess of— (i) the rent charged to the qualified renter (or, if lower, specified modest rent), over (ii) 30 percent of the qualified renters income (prorated monthly) as determined by the renters credit agency of the State. (C) Specified modest rent The term specified modest rent means— (i) the Fair Market Rent determined by the Secretary of Housing and Urban Development for the ZIP code (if the unit is located in a metropolitan area) or non-metropolitan county, or (ii) such amount as may be determined by the State with respect to the area in which the unit is located if such amount is within 25 percent of the amount determined under clause (i) with respect to such unit. (D) Utilities The renters credit agency of the State may determine whether and how to take into account the cost of utilities in determining the rent reduction amount. (E) Credit adjustment The renters credit agency of the State may elect to increase the rent reduction amount such that such amount does not exceed 110 percent of such amount as determined without regard to this subparagraph. (c) Qualified credit recipient For purposes of this section, the term qualified credit recipient means, with respect to any rental unit occupied by a qualified renter, the owner of such unit but only to the extent of the renters credit amounts which have been allocated to such person by the renters credit agency. In lieu of the owner of the unit, the renters credit agency may treat the lender of any loan to such owner as the qualified credit recipient if such unit secures such loan. (d) Allocations by renters credit agency to credit recipients (1) In general The renters credit agency may make allocations of renters credit amounts to qualified credit recipients under this section on the basis of— (A) the identity of the qualified renter, such that the renters credit amount is allowed to the owner of any rental unit which such qualified renter occupies (or the lender referred to in subsection (c)) for any month, or (B) one or more rental units, such that the renters credit amount is allowed to the owner of such units (or the lender referred to in subsection (c)) for such months as such units are occupied by a qualified renter. (2) Restrictions on unit based allocations A renters credit agency may make allocations of renters credit as described in paragraph (1)(B) only if— (A) such units are part of a project or building in which not more than 40 percent of the units receive allocations under this section (the Secretary may provide such exceptions to the requirement of this subparagraph as the Secretary determines appropriate for small buildings or buildings with respect to which more than 40 percent of the units were previously subsidized under other Federal programs), and (B) the Secretary has approved a mobility plan submitted by such renters credit agency which provides for an adequate method to ensure that qualified renters have the ability to move from a unit which is eligible for credit under this section without losing the rent subsidy provided by this section. (e) Allocations of credit authority to State agencies (1) Renters credit dollar amount for agencies (A) State limitation The aggregate credit amounts which a renters credit agency may allocate for any calendar year is the portion of the State renters credit ceiling allocated under this paragraph for such calendar year to such agency. (B) State ceiling initially allocated to State housing credit agencies Except as provided in subparagraphs (D) and (E), the State renters credit ceiling for each calendar year shall be allocated to the renters credit agency of such State. If there is more than 1 renters credit agency of a State, all such agencies shall be treated as a single agency. (C) State renters credit ceiling The State renters credit ceiling applicable to any State and any calendar year shall be an amount equal to the sum of— (i) the unused State renters credit ceiling (if any) of such State for the preceding calendar year, (ii) the greater of— (I) $17.50 multiplied by the State population, or (II) $20,000,000, (iii) the amount of State renters credit ceiling returned in the calendar year, plus (iv) the amount (if any) allocated under subparagraph (D) to such State by the Secretary. For purposes of clause (i), the unused State renters credit ceiling for any calendar year is the excess (if any) of the sum of the amounts described in clauses (ii) through (iv) over the aggregate renters credit dollar amount allocated for such year. (D) Unused renters credit carryovers allocated among certain States (i) In general The unused renters credit carryover of a State for any calendar year shall be assigned to the Secretary for allocation among qualified States for the succeeding calendar year. (ii) Unused renters credit carryover For purposes of this subparagraph, the unused renters credit carryover of a State for any calendar year is the excess (if any) of— (I) the unused State renters credit ceiling for the year preceding such year, over (II) the aggregate renters credit dollar amount allocated for such year. (iii) Formula for allocation of unused housing credit carryovers among qualified States The amount allocated under this subparagraph to a qualified State for any calendar year shall be the amount determined by the Secretary to bear the same ratio to the aggregate unused renters credit carryovers of all States for the preceding calendar year as such State's population for the calendar year bears to the population of all qualified States for the calendar year. For purposes of the preceding sentence, population shall be determined in accordance with section 146(j). (iv) Qualified State For purposes of this subparagraph, the term qualified State means, with respect to a calendar year, any State— (I) which allocated its entire State renters credit ceiling for the preceding calendar year, and (II) for which a request is made (not later than May 1 of the calendar year) to receive an allocation under clause (iii). (E) Application of certain rules For purposes of this paragraph, rules similar to the rules of subparagraphs (E), (F), and (G) of section 42(h)(3) shall apply. (F) Inflation adjustment (i) In general In the case of a calendar year after 2013, the $20,000,000 and $17.50 amounts in subparagraph (C) 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 by substituting calendar year 2001 for calendar year 1992 in subparagraph (B) thereof. (ii) Rounding (I) In the case of the $20,000,000 amount, any increase under clause (i) which is not a multiple of $50,000 shall be rounded to the next lowest multiple of $50,000. (II) In the case of the $17.50 amount, any increase under clause (i) which is not a multiple of 50 cents shall be rounded to the next lowest multiple of 50 cents. (f) Other definitions For purposes of this section— (1) Renters credit agency The term renters credit agency means, with respect to any State, the housing credit agency of such State (as defined in section 42(h)(8)(A)) or such other agency as is authorized to carry out the activities of the renters credit agency under this section. (2) Possessions treated as States The term State includes a possession of the United States. (g) Regulations The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section. . (b) Credit To be part of general business credit (1) In general Subsection (b) of section 38 of such Code is amended by striking plus at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting , plus , and by adding at the end the following new paragraph: (37) the renters credit determined under section 45S(a). . (2) Credit allowable against alternative minimum tax Subparagraph (B) of section 38(c)(4) of such Code is amended by redesignating clauses (vii) through (ix) as clauses (viii) through (x), respectively, and by inserting after clause (vi) the following new clause: (vii) the credit determined under section 45S, . (c) 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. Renters credit. . (d) Effective date The amendments made by this section shall apply to allocations made for calendar years after 2014 and to taxable years ending after December 31, 2014. C Nutrition IX Improving Temporary Assistance to Needy Families Program 901. References Except as otherwise expressly provided in this title, wherever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the amendment or repeal shall be considered to be made to a section or other provision of the Social Security Act. 902. State plans required to address whether and how States will provide assistance to neediest geographic areas Section 402(a)(1)(A)(i) ( 42 U.S.C. 602(a)(1)(A)(i) ) is amended by inserting , including whether and how the State will give priority to providing benefits and services in areas of the State with the greatest need (such as areas with the greatest unemployment rates, the greatest poverty rates, and the least job opportunity to population ratios) before the period. 903. Funding of the TANF program (a) State family assistance grant (1) In general Section 403(a)(1) ( 42 U.S.C. 603(a)(1) ) is amended— (A) in subparagraph (A), by striking fiscal year 2012 and inserting fiscal year 2013 and each succeeding fiscal year ; and (B) by striking subparagraphs (B) and (C) and inserting the following: (B) State family assistance grant (i) In general The State family assistance grant payable to a State for a fiscal year shall be the greater of— (I) the adjusted basic block grant, plus the amount required to be paid to the State under paragraph (3) (as in effect on September 30, 2010) for fiscal year 2010; or (II) the amount required to be paid to the State under this paragraph for the preceding fiscal year. (ii) Adjusted basic block grant In clause (i), the term adjusted block grant means, with respect to a State, the product of— (I) the amount required to be paid to the State under this paragraph for fiscal year 2010 (determined without regard to any reduction pursuant to section 409 or 412(a)(1)); (II) 1.00, plus the percentage (if any) by which the average of the CPI for the 12-month period ending with June of the preceding fiscal year exceeds the average of the CPI for the 12-month period ending with June 1996, expressed as a decimal; and (III) 1.00, plus the percentage (if any) by which the most recent estimate by the Bureau of the Census of the population of the State that has not attained 18 years of age exceeds the most recent estimate by the Bureau of the Census of that population as of July 1, 1996, expressed as a decimal. (iii) CPI defined In clause (ii), the term CPI means the last Consumer Price Index for All Urban Consumers published by the Department of Labor for the period involved. (C) Appropriation Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated such sums as are necessary for grants under this paragraph for each fiscal year. . (2) Conforming amendment to eliminate supplemental grants for population increases in certain States Section 403(a) ( 42 U.S.C. 603(a) ) is amended by striking paragraph (3). (b) Penalty for failure To maintain effort adjusted for inflation Section 409(a)(7) ( 42 U.S.C. 609(a)(7) ) is amended— (1) in subparagraph (A), by inserting the inflation-adjusted before historic State expenditures ; and (2) in subparagraph (B), by redesignating clauses (iii) through (v) as clauses (iv) through (vi), respectively, and inserting after clause (ii) the following: (iii) Inflation-adjusted historic State expenditures The term inflation-adjusted historic State expenditures means, with respect to a fiscal year— (I) historic State expenditures; multiplied by (II) 1.00, plus (in the case of fiscal year 2014 or any succeeding fiscal year) the percentage (if any) by which the average of the CPI (as defined in section 403(a)(1)(B)(iii)) for the 12-month period ending with June of the preceding fiscal year exceeds the average of the CPI (as so defined) for the 12-month period ending with June 2012, expressed as a decimal. . (c) Modification of contingency fund (1) In general Section 403(b) ( 42 U.S.C. 603(b) ) is amended by striking all that follows paragraph (1) and inserting the following: (2) Grants (A) In general The Secretary shall make a grant to each eligible State and each Indian tribe that is an economically needy entity for a calendar quarter, in an amount equal to 80 percent of the amount (if any) by which the total amount of relevant expenditures of the entity for the quarter exceeds the total amount of the relevant expenditures of the entity for the corresponding quarter in the base year of the entity, subject to paragraph (2). (B) Limitation The total amount payable to an entity under this subsection for a fiscal year shall not exceed an amount equal to 25 percent of the amount payable to the entity— (i) if the entity is a State, under section 403(a)(1) for the fiscal year; or (ii) if the entity is an Indian tribe, under section 412(a)(1) for the fiscal year. (3) Definitions In paragraph (2): (A) Economically needy entity The term economically needy entity means an entity with respect to a calendar quarter— (i) if the seasonally adjusted average unemployment rate with respect to entity for the quarter or any of the preceding 4 calendar quarters exceeds 6.5 percent; or (ii) in the case that the unemployment rate information described in clause (i) is not available with respect to the entity, if the entity meets such qualifications as the Secretary, in consultation with the Secretary of Labor, shall, by regulation, prescribe. (B) Base year The term base year means, with respect to an entity, and a calendar quarter in a fiscal year— (i) except as provided in clause (ii), whichever of the 2 fiscal years most recently preceding the 1st fiscal year of the most recent contingency fund eligibility period for the entity, is the fiscal year in which the relevant expenditures of the entity were the lesser; or (ii) if the 1st year of the period referred to in clause (i) is fiscal year 2014, whichever of fiscal year 2007 or 2008 is the fiscal year in which the relevant expenditures of the entity were the lesser. (C) Contingency fund eligibility period The term contingency fund eligibility period means, with respect to an entity, a period of 1 or more consecutive calendar quarters for which the entity is an economically needy entity. (D) Relevant expenditures (i) In general The term relevant expenditures means expenditures— (I) for assistance under the program funded under this part of the entity (including, in the case of a State, any qualified State expenditures (as defined in section 409(a)(7)(B)(i)) and any expenditures under any other State program funded by such expenditures); (II) for child care; (III) for subsidized employment under the program funded under this part of the entity (including, in the case of a State, such expenditures under any other State program funded by qualified State expenditures (as defined in section 409(a)(7)(B)(i))), other than expenditures made using Federal funds or with respect to which the entity received a grant made under paragraph (3) of this subsection; and (IV) for administrative costs associated with making the expenditures referred to in the preceding subclauses of this clause. (ii) Child care expenditures For purposes of clause (i), expenditures for child care consist of the following: (I) Amounts transferred under section 404(d)(1)(B). (II) Expenditures for child care assistance from Federal funds provided under this part. (III) In the case of an entity that is a State, expenditures for child care assistance that are qualified State expenditures (as defined in section 409(a)(7)(B)(i)), but only to the extent exceeding the total expenditures of the State (other than from Federal funds) for child care in fiscal year 1994 or 1995 (whichever is the greater). (iii) Authority to collect and adjust data In determining the amount of the expenditures of a State for basic assistance, child care, and subsidized employment, during any period for which the State requests funds under this subsection, and during the base year of the State, the Secretary may make appropriate adjustments to the data, on a State-by-State basis, to ensure that the data are comparable with respect to the groups of families served and the types of aid provided. The Secretary may develop a mechanism for collecting expenditure data, including procedures which allow States to make reasonable estimates, and may set deadlines for making revisions to the data. (4) Use of grant Each State to which a grant is made under this subsection shall use the grant to serve areas of the State with the greatest need (as referred to in section 402(a)(1)(A)). (5) Appropriation (A) In general Out of any funds in the Treasury of the United States not otherwise appropriated, there are appropriated for payment to the Fund— (i) $2,500,000,000 for fiscal year 2014; and (ii) for each succeeding fiscal year, the amount appropriated under this paragraph for the then preceding fiscal year, increased by the percentage (if any) by which the amount appropriated under section 403(a)(1) for the fiscal year involved exceeds the amount appropriated under such section for the then preceding fiscal year. (B) Availability Amounts made available under this paragraph for a fiscal year shall remain available until expended. (6) Actions to be taken in anticipation of exhaustion of fund The Secretary shall monitor the amount in, and the rate at which amounts are paid from, the Fund, and if the Secretary determines that the Fund will be exhausted within 6 months, the Secretary shall— (A) notify the Congress of the determination; and (B) develop and communicate to each State and Indian tribe that is an economically needy entity as of the date of the determination, the procedure for allocating amounts in the Fund among such entities. . (2) Elimination of penalty for failure of state receiving amounts from contingency fund to maintain 100 percent of historic effort (A) In general Section 409(a) ( 42 U.S.C. 609(a) ) is amended by striking paragraph (10) and redesignating paragraphs (11) through (16) as paragraphs (10) through (15), respectively. (B) Conforming amendments Section 409 ( 42 U.S.C. 609 ) is amended in each of subsections (b)(2) and (c)(4), by striking (10), (12), or (13) and inserting (11), or (12) . (3) Conforming amendment Section 409(a)(3)(C) ( 42 U.S.C. 609(a)(3)(C) ) is amended by striking needy State (as defined in section 403(b)(6)) and inserting economically needy entity (as defined in section 403(b)(3)(A)) . (4) Amounts provided to territories from the Contingency Fund to be disregarded for purposes of limitation on payments to the territories Section 1108(a)(2) ( 42 U.S.C. 1308(a)(2) ) is amended by inserting 403(b), before 406, . (d) Matching grants for subsidized employment (1) In general Section 403(a) ( 42 U.S.C. 603(a) ), as amended by subsection (a)(2) of this section, is further amended by inserting after paragraph (2) the following: (3) Matching grants for subsidized employment (A) In general The Secretary shall make a grant— (i) to each eligible State that is 1 of the 50 States or the District of Columbia, for each fiscal year for which the State is an MOE State; and (ii) to each State that is not 1 of the 50 States or the District of Columbia, and to each Indian tribe, for each fiscal year for which the State or tribe, as the case may be, meets such terms and conditions as the Secretary shall, by regulation, establish, which shall be comparable to the terms and conditions under which grants are made under clause (i). (B) MOE State In subparagraph (A), the term MOE State means a State if the qualified expenditures of the State (as defined in section 409(a)(7)(B)(i)) for the fiscal year exceeds the applicable percentage (as defined in clause (ii) of such section) of inflation-adjusted historic State expenditures (as defined in clause (iii) of such section) of the State with respect to the fiscal year. (C) Amount of grant (i) States (I) In general The grant to be made to a State under subparagraph (A)(i) for a fiscal year shall be in an amount equal to 50 percent of the excess expenditures of the State for subsidized employment during the fiscal year. (II) Excess expenditures of the State for subsidized employment The term excess expenditures of the State for subsidized employment means, with respect to a fiscal year, the lesser of— (aa) the excess described in subparagraph (B) with respect to the State for the fiscal year; or (bb) an amount equal to the total expenditures of the State for subsidized employment funded under this part or under any other State program funded by qualified State expenditures (as defined in section 409(a)(7)(B)(i)), excluding those with respect to which a grant is made to the State under subsection (b) of this section, during the fiscal year. (ii) Indian tribes The grant to be made to an Indian tribe under this paragraph shall be in such amount as the Secretary deems appropriate. (D) Use of grant Notwithstanding section 404, a State or Indian tribe to which a grant is made under this paragraph shall use the grant solely to finance subsidized employment activities, and to serve areas of the State with the greatest need (as referred to in section 402(a)(1)(A)). (E) Appropriation Out of any funds in the Treasury of the United States not otherwise appropriated, there are appropriated such sums as are necessary for grants under this paragraph for each fiscal year. . (2) Amounts provided to territories from the matching grant to be disregarded for purposes of limitation on payments to the territories Section 1108(a)(2) ( 42 U.S.C. 1308(a)(2) ) is amended by inserting 403(a)(3), after 403(a)(2), . (3) Data reports required with respect to families that include an individual participating in subsidized employment programs Section 411(a)(1)(A) ( 42 U.S.C. 611(a)(1)(A) ) is amended, in the matter before clause (i), by inserting , and families that include an individual participating in subsidized employment funded with Federal funds or qualified State expenditures (as so defined) before the colon. (e) Tribal family assistance grants Section 412(a)(1) ( 42 U.S.C. 612(a)(1) ) is amended— (1) in subparagraph (A), by striking fiscal year 2012 and inserting each fiscal year ; and (2) in subparagraph (B)— (A) by redesignating clause (ii) as clause (iii); and (B) by striking clause (i) and inserting the following: (i) In general The amount determined under this subparagraph for a fiscal year is an amount equal to the sum of the adjusted historic expenditures for the fiscal year with respect to each State in which there lies a service area of the Indian tribe is located. (ii) Adjusted historic expenditures defined In clause (i), the term adjusted historic expenditures means, with respect to a fiscal year, a State, and an Indian tribe, the total amount of the Federal payments to the State under section 403 (as then in effect) for fiscal year 1994 attributable to expenditures (other than child care expenditures) by the State under parts A and F (as so in effect) for fiscal year 1994 for Indian families residing in the service areas identified by the tribe pursuant to subsection (b)(1)(C) of this section that are in the State, increased by the percentage (if any) by which the amount of the grant payable under section 403(a)(1) for the fiscal year to the State exceeds the amount of the grant so payable to the State for fiscal year 2010. . (f) Census bureau study Section 414 ( 42 U.S.C. 614 ) is amended— (1) by striking subsection (a) and inserting the following: (a) In general The Director of the Bureau of the Census shall conduct a study to assess the effects of policies and programs related to low-income families, including policies and programs under State programs funded under this part or funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)), including changes and policies in such programs made pursuant to the Rewriting to Improve and Secure an Exit Out of Poverty Act. The Director shall design the study in consultation with the Secretary. Every 5 years, the Director shall, in consultation with the Secretary, revise the content and nature of the study to reflect emerging policy issues related to low-income families. ; and (2) in subsection (b), by striking fiscal year 2012 and inserting each fiscal year . (g) Funding of studies and evaluations Section 413(h)(1) ( 42 U.S.C. 613(h)(1) ) is amended by striking fiscal year 2012 and inserting each fiscal year . (h) Matching grants to certain territories Section 1108 ( 42 U.S.C. 1308 ) is amended— (1) in subsection (a)(2), by inserting section 403(a)(1) (to the extent exceeding the amount required to be so paid to the territory for fiscal year 2011), before 403(a)(2) ; and (2) in subsection (b)(2), by striking fiscal year 2012 and inserting each fiscal year . 904. Work requirements (a) Participation rate requirement Section 407 ( 42 U.S.C. 607 ) is amended by striking subsections (a) and (b) and inserting the following: (a) Participation rate requirement (1) In general A State to which a grant is made under section 403 for a fiscal year shall achieve a minimum participation rate of 50 percent with respect to all families residing in the State that include a work-eligible individual. (2) Work-eligible individual defined (A) In general In subsection (a), the term work-eligible individual , subject to subparagraphs (B) and (C), means— (i) an adult recipient of assistance under the State program funded under this part or under any other State program funded by qualified State expenditures (as defined in section 409(a)(7)(B)(i)); (ii) a former recipient of such assistance who is— (I) a parent of a dependent child who is such a recipient; and (II) no longer eligible for assistance under the State program funded under this part by reason of section 408(a)(7); and (iii) a participant in a subsidized employment program funded under this part or under any other State program funded by qualified State expenditures (as defined in section 409(a)(7)(B)(i)). (B) Exclusion of individuals sanctioned or undergoing pre-sanction review The term work-eligible individual does not include any individual with respect to whom— (i) there is in effect a penalty imposed by the State under subsection (e) of this section; or (ii) the State has initiated (but not completed) the pre-sanction review process pursuant to section 408(a)(14)(A). (C) State option to exclude certain individuals A State may exclude from the term work-eligible individual any resident of the State who is— (i) a single parent caring for a child who has not attained 1 year of age; (ii) a recipient of supplemental security income benefits under title XVI, disability insurance benefits under title II, or other Federal or State benefits based on disability; (iii) an applicant for supplemental security income benefits under title XVI; (iv) an individual who is needed in the home of the individual to care for a disabled member of the family of the individual; or (v) an individual who (but for the exercise of the State option under this clause) would be a work-eligible individual under a tribal family assistance plan approved under section 412 or under a tribal work program to which funds are provided under this part. (b) Calculation of participation rates (1) Average monthly rate For purposes of subsection (a), the participation rate of a State for a fiscal year is the average of the participation rates of the State for each month in the fiscal year. (2) Monthly participation rate For purposes of paragraph (1), the participation rate of a State for a month, expressed as a percentage, is— (A) the number of families residing in the State that include a work-eligible individual who is engaged in work for the month; divided by (B) the number of families residing in the State that include a work-eligible individual. . (b) Participation requirements Section 407(c) ( 42 U.S.C. 607(c) ) is amended to read as follows: (c) Engaged in work For purposes of subsection (b): (1) General rule An individual is engaged in work for a month in a fiscal year if the recipient is participating in work activities for an average of at least 20 hours per week during the month. (2) Individuals complying with a modified employability plan deemed to be engaged in work An individual is deemed to be engaged in work for a month if the State determines that the individual is in substantial compliance with the activities and hourly participation requirements of a modified employability plan developed for the individual in accordance with section 408(h). (3) Single teen head of household or married teen who maintains satisfactory school attendance deemed to be engaged in work An individual who is married or a head of household and has not attained 20 years of age is deemed to be engaged in work for a month if the recipient maintains satisfactory attendance at secondary school or the equivalent during the month. . (c) Elimination of 12-Month limit on counting vocational educational training as a work activity Section 407(d)(8) ( 42 U.S.C. 607(d)(8) ) is amended by striking (not to exceed 12 months with respect to any individual) . 905. Work rules (a) Option of recipient To have trained personnel assess certain barriers To employment; additional matters required To be assessed Section 408(b)(1) ( 42 U.S.C. 608(b)(1) ) is amended— (1) by inserting (which, at the option of the recipient, shall be conducted by trained personnel with respect to barriers to employment specified by the recipient) after assessment ; and (2) by striking and employability and inserting employability, physical and mental impairments, English proficiency, child care needs, and whether the recipient is a victim of domestic or sexual violence, . (b) Individual responsibility plans (1) Plans required; plans to include well-being plans for children Section 408(b)(2)(A) ( 42 U.S.C. 608(b)(2)(A) ) is amended— (A) in the matter preceding clause (i), by striking may and inserting shall ; (B) in clause (iv)— (i) by inserting , supports, after counseling ; and (ii) by striking and at the end; (C) in clause (v), by striking the period and inserting ; and ; and (D) by adding at the end the following: (vi) describe a well-being plan for each child in the family. . (2) Deadline for completion of plan Section 408(b)(2)(B) ( 42 U.S.C. 608(b)(2)(B) ) is amended by striking individual— and all that follows and inserting individual within 90 days after the individual is determined eligible for the assistance. . (3) Sanction for failure of State to develop plan Section 409(a) ( 42 U.S.C. 609(a) ), as amended by section 903(c)(2)(A) of this title, is amended by adding at the end the following: (16) Penalty for failure of State to develop required individual responsibility plan (A) In general If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated section 408(b)(2) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to not more than 5 percent of the State family assistance grant. (B) Penalty based on severity of failure The Secretary shall impose reductions under subparagraph (A) with respect to a fiscal year based on the degree of noncompliance. . (4) Conforming amendment Section 408(b) ( 42 U.S.C. 608(b) ) is amended by striking paragraph (4). (c) Modified employability plans for certain individuals with disabilities Section 408 ( 42 U.S.C. 608 ) is amended by adding at the end the following: (h) Authority To develop modified employability plan for a recipient of assistance with, or caring for a family member with, a disability (1) In general A State may develop a modified employability plan for a recipient of assistance under the State program funded under this part— (A) who— (i) is a work-eligible individual (as defined in section 407(a)(2)); and (ii) has been determined by a qualified medical, mental health, addiction, or social services professional (as determined by the State) to have a disability; or (B) who is caring for a family member with a disability (as so determined). (2) Contents of plan The modified employability plan shall— (A) include a determination that, because of the disability of the recipient or the individual for whom the recipient is caring, reasonable modification of work activities, hourly participation requirements, or both, is needed in order for the recipient to participate in the activities; (B) describe the modified work activities in which the recipient is required to participate; (C) specify the number of hours per week for which the recipient is required to participate in the modified work activities, based on an evaluation by the State of the circumstances of the family; (D) describe the services, supports, and modifications that the State will provide to the recipient or the family of the recipient; (E) be developed in cooperation with the recipient; and (F) be reviewed not less often than every 6 months. (3) Definitions In this subsection: (A) Disability The term disability means a mental or physical impairment, including substance abuse or addiction, that— (i) constitutes or results in a substantial impediment to employment; or (ii) substantially limits 1 or more major life activities. (B) Modified work activities The term modified work activities means activities which the State has determined will help the recipient become employable. . (d) Sanctions (1) General sanction provisions (A) Prohibition on imposing lifetime or full family sanction (i) Prohibition Section 408(a) ( 42 U.S.C. 608(a) ) is amended by adding at the end the following: (13) Prohibition on imposing lifetime or full family sanction A State to which a grant is made under section 403 shall not impose a lifetime prohibition on the provision of assistance to any individual or family under the State program funded under this part or under a program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)) on the basis of the failure of a member of the family to comply with a program requirement. . (ii) Penalty Section 409(a) ( 42 U.S.C. 609 ), as amended by section 903(c)(2)(A) of this title and subsection (b)(3) of this section, is amended by adding at the end the following: (17) Penalty for imposing lifetime or full family sanction If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated section 408(a)(13) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 5 percent of the State family assistance grant. . (B) Due process protections (i) In general Section 408(a) ( 42 U.S.C. 608(a) ), as amended by subparagraph (A)(i) of this paragraph, is amended by adding at the end the following: (14) Sanction procedures (A) Pre-sanction review process Before imposing a sanction against an individual or family receiving assistance under the State program funded under this part or under a program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)) for failure to comply with program requirements, the State shall take the following steps: (i) Provide or send notice to the individual or family, and, if the recipient’s native language is not English, through a culturally competent written or verbal translation, of the following information: (I) The specific reason for the proposed sanction. (II) The amount of the proposed sanction. (III) The length of time during which the proposed sanction would be in effect. (IV) The steps required to come into compliance or to show good cause for noncompliance. (V) That the agency will provide assistance to help the individual demonstrate good cause for noncompliance, or come into compliance with program requirements. (VI) That the individual may appeal the determination to impose a sanction, and the steps that the individual must take to pursue such an appeal. (ii) (I) Ensure that, subject to clause (iii)— (aa) an individual, other than the individual who determined that a sanction be imposed, will review the determination and have the authority to take the actions described in subclause (II); and (bb) the individual or family against whom the sanction is to be imposed shall be afforded the opportunity to meet with the individual who is reviewing the determination to impose the sanction. (II) The action described in this subclause are the following: (aa) Modify the determination to impose a sanction. (bb) Determine that there was good cause for the failure to comply. (cc) Recommend modifications to the individual responsibility or employment plan of an individual. (dd) Make such other determinations and take such other actions as may be appropriate. (iii) The review required under clause (ii) shall include consideration of the following: (I) To the extent applicable, whether barriers to compliance exist, such as a physical or mental impairment (including mental illness, substance abuse, mental retardation, or a learning disability), domestic or sexual violence, limited proficiency in English, limited literacy, homelessness, or the need to care for a child with a disability or health condition, that contributed to the noncompliance. (II) Whether the noncompliance resulted from failure to receive or have access to services identified as necessary in an individual responsibility or employment plan. (III) Whether changes to the individual responsibility or employment plan of an individual should be made in order for the individual to come into compliance. (IV) Whether there is good cause for any noncompliance. (V) Whether the sanction policies of the State have been applied properly. (B) Sanction follow-up requirements If a State imposes a sanction on a family or individual for failing to comply with program requirements, the State shall— (i) provide or send notice to the individual or family, in language calculated to be understood by the individual or family, and, if the individual’s or family’s native language is not English, through a culturally competent translation, of the reason for the sanction and the steps the individual or family must take to end the sanction; (ii) resume full assistance, services, or benefits to the individual or family under the program (if the individual or family is otherwise eligible for the assistance, services, or benefits) once the individual who was not in compliance with program requirements that led to the sanction complies with the requirements for a reasonable period of time, as determined by the State and subject to State discretion to reduce the period; and (iii) if the State has not resumed providing the assistance, services, or benefits as of the end of the 120-day period that begins on the date that is 60 days after the date on which the sanction was imposed, provide notice to the individual or family, in language calculated to be understood by the individual or family, of the steps the individual or family must take to end the sanction, and of the availability of assistance to come into compliance or demonstrate good cause for noncompliance. (C) Notice to evicted persons The State shall make a reasonable effort to provide to an individual or family that has been evicted from a residence for failure to pay rent or as a result of another problem related to poverty, any notice required by this paragraph to be provided to the individual or family. . (ii) Penalty Section 409(a) ( 42 U.S.C. 609(a) ), as amended by section 903(c)(2)(A) of this title, subsection (b)(3) of this section, and subparagraph (A)(ii) of this paragraph, is amended by adding at the end the following: (18) Penalty for failure to follow sanction procedures (A) In general If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated section 408(a)(14) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to not more than 5 percent of the State family assistance grant. (B) Penalty based on severity of failure The Secretary shall impose reductions under subparagraph (A) with respect to a fiscal year based on the degree of noncompliance. . (iii) State plan requirement to describe how states will notify applicants and recipients of their rights under the program and of potential benefits and services available under the program Section 402(a)(1)(B)(iii) ( 42 U.S.C. 602(a)(1)(B)(iii) ) is amended by inserting , and will notify applicants and recipients of assistance under the program of the rights of individuals under all laws applicable to program activities and of all potential benefits and services available under the program before the period. (2) Modifications to work sanction (A) Elimination of full family sanction; State required to establish certain good cause exceptions Section 407(e)(1) ( 42 U.S.C. 607(e)(1) ) is amended— (i) by striking shall— and all that follows through subparagraph (B) and inserting shall reduce the amount of assistance otherwise payable to the family pro rata with respect to any period during a month in which the individual so refuses, ; and (ii) by striking may establish and inserting the following shall establish, which shall include the decline of an offer of employment at a wage less than the greater of the applicable Federal or State minimum wage, or 80 percent of the wage that would have governed had the minimum hourly rate under the Fair Labor Standards Act been applicable to the offer of employment, at a site subject to a strike or lockout at the time of refusal, or for medical reasons or a lack of sufficient physical strength or stamina . (B) Prohibition on sanctioning individual for failure to engage in work if individual has a child under age 6 months or if failure results from inability to secure child care or after-school arrangements for a child under age 13 Section 407(e)(2) ( 42 U.S.C. 607(e)(2) ) is amended by striking refusal and all that follows and inserting failure of an individual to engage in work required in accordance with this section if— (A) the individual is a single custodial parent caring for a child who has not attained 6 months of age; or (B) the individual is the single custodial parent caring for a child who has not attained 13 years of age, and the failure resulted from the inability of the individual to secure child care or after-school arrangements for the child . (3) Modifications to child support sanction Section 408(a)(2) ( 42 U.S.C. 608(a)(2) ) is amended by striking State— and all that follows and inserting State shall deduct from the assistance that would otherwise be provided to the family of the individual under the State program funded under this part an amount equal to 25 percent of the amount of the assistance. . (e) Related state plan requirement Section 402(a) ( 42 U.S.C. 602(a) ) is amended by adding at the end the following: (8) Certification that employment assessments and sanction reviews will be conducted by competent personnel A certification by the chief executive officer of the State that the employment assessments conducted pursuant to section 408(b)(1) and the sanction reviews conducted pursuant to section 408(a)(14)(A) will be conducted by personnel who have sufficient education, training, and professional competence to do so, which shall include information on the education, training, and professional competence that State will require of the personnel. . 906. Prohibition on imposing limit of less than 60 months on duration of assistance (a) Prohibition (1) In general Section 408(a)(7) ( 42 U.S.C. 608(a)(7) ) is amended— (A) in the paragraph heading, by striking No assistance for more than 5 years and inserting Durational limits on assistance ; (B) in the heading for subparagraph (A), by striking In general and inserting No assistance for more than 5 years ; and (C) by adding at the end the following: (H) Prohibition on limiting duration of assistance to less than 60 months A State to which a grant is made under section 403 shall not impose a limit of less than 60 months on the duration for which a family may be provided assistance from Federal or State funds under the State program funded under this part or under a program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)). . (2) Conforming amendment The heading of section 409(a)(9) ( 42 U.S.C. 609(a)(9) ) is amended by striking 5-year limit and inserting rules governing durational limits . (b) Requirement To conduct outreach To inform potentially eligible families of elimination of durational limit on assistance of less than 60 months (1) In general Section 408(a) ( 42 U.S.C. 608(a) ), as amended by section 905(d)(1) of this title, is amended by adding at the end the following: (15) Requirement to conduct outreach to inform potentially eligible recipients of assistance of elimination of durational limit on assistance of less than 60 months A State to which a grant is made under section 403 for a fiscal year that, before the effective date of this paragraph, denied assistance under the State program funded under this part or any other State program funded by qualified State expenditures (as defined in section 409(a)(7)(B)(i)) to an individual or family on the basis of a durational limit on the assistance that was imposed other than under section 408(a)(7) shall conduct outreach to inform individuals and families who were so denied that they may be eligible for additional months of the assistance. . (2) Penalty Section 409(a) ( 42 U.S.C. 609(a) ), as amended by sections 903(c)(2)(A) and 905(d)(1) of this title, is amended by adding at the end the following: (19) Failure to conduct outreach to inform potentially eligible recipients of assistance of elimination of durational limit on assistance of less than 60 months If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated section 408(a)(15) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 5 percent of the State family assistance grant. . (c) State plan required To include description of how potentially eligible recipients will be informed of elimination of durational limit on assistance of less than 60 months Section 402(a)(1)(B) ( 42 U.S.C. 602(a)(1)(B) ) is amended by adding at the end the following: (vi) In the case of a State that, before the date this clause takes effect, denied assistance under the program to an individual or family on the basis of a durational limit on the assistance that was imposed other than under section 408(a)(7), the document shall describe how the State intends to inform the individuals and families who were so denied that they may be eligible for additional months of the assistance. . 907. Response of TANF program to economic recessions (a) Inapplicability of durational limit on assistance Section 408(a)(7) ( 42 U.S.C. 608(a)(7) ), as amended by section 906(a)(1)(C) of this title, is amended by adding at the end the following: (I) Inapplicability of durational limit during recession Subparagraph (A) shall not apply in a State during any month which is in a high unemployment period with respect to the State. (J) Disregard of assistance provided during recession In determining the number of months for which an adult has received assistance under a State or tribal program funded under this part or any other State program funded by qualified State expenditures (as defined in section 409(a)(7)(B)(i)), the State or tribe shall disregard any month which is in a high unemployment period with respect to the State. (K) 6-month grace period required after recession Subparagraph (A) shall not apply to a recipient of assistance under the State program funded under this part or any other State program funded by qualified State expenditures (as defined in section 409(a)(7)(B)(i)) during the 6-month period that begins with the month immediately following a high unemployment period with respect to the State if the recipient received the assistance for the last month of the period. . (b) Requirement To conduct outreach To inform potentially eligible families of suspension of durational limit on assistance (1) In general Section 408(a) ( 42 U.S.C. 608(a) ), as amended by sections 905(d)(1) and 906(b)(1) of this title, is amended by adding at the end the following: (16) Requirement to conduct outreach to inform potentially eligible recipients of assistance of suspension of durational limit on assistance In each month which is a high unemployment period with respect to a State to which a grant is made under section 403 for a fiscal year, the State shall conduct outreach to inform individuals and families who are potentially eligible for assistance under the State program funded under this part or any other State program funded by qualified State expenditures (as defined in section 409(a)(7)(B)(i)) of the suspension of any durational limit on assistance under the program. . (2) Penalty Section 409(a) ( 42 U.S.C. 609(a) ), as amended by sections 903(c)(2)(A), 905(d)(1), and 906(b)(2), is amended by adding at the end the following: (20) Failure to conduct outreach to inform potentially eligible recipients of assistance of suspension of durational limit on assistance If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated section 408(a)(16) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 5 percent of the State family assistance grant. . (c) State plan required To include description of how potentially eligible recipients will be informed of suspension of time limits during recession Section 402(a)(1)(B) ( 42 U.S.C. 602(a)(1)(B) ), as amended by section 906(c) of this title, is amended by adding at the end the following: (vii) The document shall describe how the State intends to inform potentially eligible recipients of assistance under the program of the suspension of durational limits on the assistance during a high unemployment period with respect to the State. . (d) High unemployment period defined Section 419 ( 42 U.S.C. 619 ) is amended by adding at the end the following: (6) High unemployment period defined The term high unemployment period means, with respect to a State, a period of 1 or more consecutive months if the average rate of total unemployment in the State (seasonally adjusted) for the period consisting of the then most recent 3 months for which data for all States are published equals or exceeds 6.5 percent. . 908. Requirement that States use merit-based system in administration of TANF programs (a) Program requirement Section 408(a) ( 42 U.S.C. 608(a) ), as amended by sections 905(d)(1), 906(b)(1), and 907(b)(1) of this title, is amended by adding at the end the following: (17) Requirement to use merit-based system in administering program A State to which a grant is made under section 403 shall establish and maintain personnel standards through a merit-based system, in administering the State program funded under this part and any other State program funded by qualified State expenditures (as defined in section 409(a)(7)(B)(i)). . (b) Penalty Section 409(a) ( 42 U.S.C. 609 ), as amended by sections 903(c)(2)(A), 905(d)(1), 906(b)(2), and 907(b)(2) of this title, is amended by adding at the end the following: (21) Penalty for failure to use merit-based system in administering program If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated section 408(a)(17) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 5 percent of the State family assistance grant. . 909. Ban on using Federal TANF funds to replace State and local spending that does not meet the definition of qualified State expenditures (a) Prohibition Section 408(a) ( 42 U.S.C. 608(a) ), as amended by sections 905(d)(1), 906(b)(1), 907(b)(1), and 908(a) of this title, is amended by adding at the end the following: (18) Ban on using federal TANF funds to replace state or local spending that is not a qualified state expenditure A State to which a grant is made under section 403, and a sub-State entity that receives funds from such a grant, shall not expend any part of the grant funds to supplant State or local spending for benefits or services which are not qualified State expenditures (within the meaning of section 409(a)(7)(B)(i)). . (b) Penalty Section 409(a) ( 42 U.S.C. 609 ), as amended by sections 903(c)(2)(A), 905(d)(1), 906(b)(2), 907(b)(2), and 908(b) of this title, is amended by adding at the end the following: (22) Use of federal TANF funds to replace state or local spending that is not a qualified state expenditure If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated section 408(a)(18) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 5 percent of the State family assistance grant. . 910. TANF assistance to meet basic family economic needs (a) State plan requirement Section 402(a)(1)(B) ( 42 U.S.C. 602(a)(1)(B) ), as amended by sections 906(c) and 907(d) of this title, is amended by adding at the end the following: (viii) Family budget provisions The document shall set forth a family budget of a dollar amount sufficient to meet the basic economic needs (including food, clothing, shelter, utilities, household goods, personal care items, and general incidental expenses) of a family, how the family budget is adjusted for family size, the method used to estimate the family budget (including a statement of the relationship between shelter and utility costs and the fair market rents in localities in the State), and the relationship between the amount of assistance provided to each family under the program and the amount of the family budget for the family. . (b) Program requirement Section 408(a) ( 42 U.S.C. 608(a) ), as amended by sections 905(d)(1), 906(b)(1), 907(b)(1), 908(a), and 909(a) of this title, is amended by adding at the end the following: (19) Requirement that amount of assistance meet basic economic needs A State to which a grant is made under section 403 shall ensure that the total amount of assistance provided to a family under the State program funded under this part and all programs funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)) for which the family is eligible is sufficient to meet the basic economic needs of the family, taking into account all earned and unearned income of the family and an amount not to exceed the value of the supplemental nutrition assistance benefits provided to the family under the Food and Nutrition Act of 2008. . (c) Penalty Section 409(a) ( 42 U.S.C. 609 ), as amended by sections 903(c)(2)(A), 905(d)(1), 906(b)(2), 907(b)(2), 908(b), and 909(b) of this title, is amended by adding at the end the following: (23) Penalty for failure of State tanf assistance to meet basic economic needs of a recipient family If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated section 408(a)(19) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 5 percent of the State family assistance grant. . 911. State plans and reports on child poverty (a) Child poverty reduction as a purpose of the TANF program Section 401(a)(1) ( 42 U.S.C. 601(a)(1) ) is amended by redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively, and by inserting before paragraph (2) (as so redesignated) the following: (1) reduce poverty among children; . (b) State plan provisions (1) Matters required to be addressed Section 402(a)(1)(A) ( 42 U.S.C. 602(a)(1)(A) ) is amended by adding at the end the following: (ix) Goals and methods for reducing child poverty Reduce child poverty using Federal funds provided under this part and State funds, including establishing numerical goals for reducing child poverty. (x) Goals and tracking of work outcomes Track work-related outcomes for recipients of assistance under the program, such as employment entries, wages, and job retention, including establishing numerical goals for work-related outcomes for recipients. (xi) Provide preventative services to families at-risk of abuse or neglect Provide benefits and services to families at-risk of having their children removed from the home because of abuse and neglect, using Federal funds provided under this part and State funds. (xii) How noncustodial parents will be served Serve noncustodial parents, using Federal funds provided under this part and State funds. . (2) Public availability Section 402(c) ( 42 U.S.C. 602(c) ) is amended to read as follows: (c) Public availability (1) In general The State shall make available to the public, including by posting on a public website of the State or another appropriate website— (A) each draft of any plan or plan amendment to be submitted by the State under this section, for at least 45 days before the submission; and (B) any such plan or amendment certified by the Secretary to be complete. (2) Procedures The State shall establish procedures to receive and respond to comments from the public, private sector organizations, and local governments on any draft referred to in paragraph (1). . (c) Annual performance report Section 411 ( 42 U.S.C. 611 ) is amended by adding at the end the following: (e) Annual performance report by States Not later than December 31 of each year, each eligible State shall submit to the Secretary (in accordance with such form and content rules as the Secretary, in consultation with the National Governor’s Association, National Association of State Legislatures, and the American Public Human Services Association, develops) a report on the following aspects of the State program funded under this part in the preceding fiscal year: (1) Whether the State met the child poverty reduction goals set forth in the State plan. This part of the report shall include a discussion of the factors, including benefits, services, and activities funded with Federal funds provided under this part or State funds, which contributed to the meeting of, or the failure to meet, the goals. (2) Whether the work programs of the State were effective in meeting the objectives and numerical goals of the State plan. This part of the report shall include a discussion of data derived from the tracking of recipients, including— (A) the number of families that left the State program funded under this part; (B) the employment rate for those who left the program in each calendar quarter; (C) the wage rates of those who left the program, including the percentage of leavers who, in each calendar quarter, earned an amount equal to at least 50 percent of the average wage then paid in the State; and (D) the employment outcomes of those who left the program because of a durational limit on assistance, reported at 6 months, 12 months, 24 months, and 36 months after leaving the program. The Secretary shall provide States with technical assistance in preparing this part of the report, including by providing States with data from the National Directory of New Hires. (3) Whether the State has been effective in providing benefits and services under the program to persons with disabilities. This part of the report shall include a report on recipients of assistance under the State program funded under this part who participated in work activities (as defined in section 407(d)) pursuant to a modified employability plan due to disability, including the following: (A) The aggregate number of recipients with modified employability plans due to a disability. (B) The percentage of all recipients with modified employability plans who substantially complied with activities set forth in the plans each month of the fiscal year. (C) Information regarding the most prevalent types of physical and mental impairments that provided the basis for the disability determinations. (D) The percentage of cases with a modified employability plan in which the recipient had a disability, was caring for a child with a disability, or was caring for another family member with a disability. (E) A description of the most prevalent types of modification in work activities or hours of participation that were included in the modified employability plans. (F) A description of the qualifications of the staff who determined whether individuals had a disability, of the staff who determined that individuals needed modifications to their work requirements, and of the staff who developed the modified employability plans. (4) The effectiveness of the benefits and services provided under the State program in reducing the number of children removed from their homes because of abuse and neglect. This part of the report shall include an analysis which includes the following: (A) The number of families provided the benefits or services that were at risk of having their children removed from the home. (B) The number of families served by the program that had 1 or more children removed from the home because of abuse or neglect. (5) An analysis of the extent to which the benefits and services under the State program were provided to noncustodial parents. (6) How funds provided to the State under this part, with a separate accounting for funds provided under section 403(a)(3) and funds provided under section 403(b), were used to serve areas of the State with the greatest need (as referred to in section 402(a)(1)(A)(i)). This part of the report shall include supporting data. . (d) Annual report to Congress on the efforts of State programs To promote and support employment for individuals with disabilities Section 411 ( 42 U.S.C. 611 ), as amended by subsection (c) of this section, is amended by adding at the end the following: (f) Report by Secretary Not later than July 31 of each fiscal year, the Secretary shall submit to the Congress a report, entitled Efforts in State TANF Programs to Promote and Support Employment for Individuals with Disabilities , that includes information on State efforts to engage individuals with disabilities in work activities during the preceding fiscal year. The report shall include the following information: (1) For each State, the number of individuals for whom the State has developed a modified employability plan. (2) The types of physical and mental impairments that provided the basis for the disability determination, and whether the individual with the disability was an adult recipient or minor child head of household, a child, or a non-recipient family member. (3) The types of modifications that States have included in modified employability plans. (4) The extent to which individuals with a modified employability plan are participating in work activities. (5) For each State, an analysis of the extent to which the option to establish modified employability plans was a factor in the State achieving or not achieving the minimum participation rate required by section 407(a). . (e) Report to Congress on legislative options To reward States with high employment rates and high rates of employment at good wages Within 4 years after the effective date of this section, the Secretary of Health and Human Services shall submit to the Congress a report that sets forth options for the enactment of legislation to provide financial or other rewards to States that have high rates of employment and high rates of employment at good wages. 912. Requirement that States adopt standards and procedures to address domestic and sexual violence among TANF recipients (a) In general Section 402(a)(7) ( 42 U.S.C. 602(a)(7) ) is amended— (1) by striking the paragraph heading and inserting Certification of standards and procedures regarding domestic and sexual violence ; (2) by striking subparagraph (A) and inserting the following: (A) In general A certification by the chief executive officer of the State that the State has established and is enforcing standards and procedures to ensure the right and entitlement of victims of domestic or sexual violence (notwithstanding section 401(b)) seeking or receiving assistance under the State program funded under this part or any other State program funded by qualified State expenditures (as defined in section 409(a)(7)(B)(i))— (i) to be screened and identified while maintaining the confidentiality of the victims; (ii) to be referred to counseling and supportive services; (iii) to be granted a waiver, pursuant to a determination of good cause, of program requirements such as time limits (for so long as necessary), residency requirements, child support cooperation requirements, and family cap provisions, in cases where compliance with the requirements would make it more difficult for the victims to escape domestic or sexual violence or unfairly penalize the victims or other individuals who are at risk of further domestic or sexual violence; (iv) to apply to participate in the program on the same day the victim appears in person in a program office during office hours; (v) to have an application that contains the name, address, and signature of the victim considered to be filed on the date the application is submitted; (vi) to receive at the time of application a clear, written statement explaining what the victim must do to cooperate in obtaining verification and otherwise completing the application process; and (vii) if the victim has completed the application process, to have the eligibility of the victim for assistance determined promptly, and to be provided assistance retroactive to the application date if determined eligible within 30 days after the application date. ; and (3) in subparagraph (B)— (A) in the subparagraph heading, by inserting or sexual after Domestic ; and (B) in the text, by inserting or sexual after domestic . (b) Report to the Congress on best practices of States Section 413 ( 42 U.S.C. 613 ) is amended by adding at the end the following: (k) Report to Congress on best practices of States in addressing domestic and sexual violence suffered by TANF recipients Every 4 years, the Secretary shall prepare and submit to the Congress a report which examines the practices of States in implementing section 402(a)(7), and identifies the best practices used to do so. . (c) Effective date The amendments made by this section shall take effect on October 1, 2014. 913. Child care entitlement (a) Replacement of requirement that portion of funds be used for certain populations with child care guarantee Section 418(b)(2) ( 42 U.S.C. 618(b)(2) ) is amended to read as follows: (2) Child care to be guaranteed for certain populations As a condition of receiving funds under this section, a State shall guarantee the provision of child care services to— (A) each recipient of assistance under the State program funded under this part or under a State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)) of this Act, and to each work-eligible individual (as defined in section 407(a)(2) of this Act), for any period in which the recipient or individual is— (i) participating in a work activity (as defined in section 407(d) of this Act); (ii) employed, and in a family the total income of which does not exceed 250 percent of the poverty line (within the meaning of section 673(2) of the Omnibus Budget Reconciliation Act of 1981, including any revision required by such section applicable to a family of the size involved); or (iii) engaged in employment subsidized by the State; or (B) each individual who is a former recipient of assistance under such a program or a former work-eligible individual, for any portion of the 24-month period, beginning with the date the individual left the program involved, in which the individual is employed and in a family that meets the income requirement of subparagraph (A)(ii). . (b) Elimination of State caps Section 418(a) ( 42 U.S.C. 618(a) ) is amended— (1) in paragraph (2)— (A) by striking subparagraphs (B) and (D) and redesignating subparagraph (C) as subparagraph (B); and (B) in subparagraph (B) (as so redesignated), by striking the lesser of the State's allotment under subparagraph (B) or ; and (2) in paragraph (5), by striking (2)(C) and inserting (2)(B) . (c) Open-Ended entitlement Section 418(a) ( 42 U.S.C. 618(a) ) is amended— (1) in paragraph (1), by striking Subject to the amount appropriated under paragraph (3), each and inserting Each ; and (2) in paragraph (3), by striking appropriated— and all that follows and inserting appropriated such sums as are necessary to carry out this section for each fiscal year. . (d) Use of funds in accordance with child care and development block grant act of 1990 except as required by child care guarantee Section 418(c) ( 42 U.S.C. 618(c) ) is amended by inserting except to the extent that such a requirement or limitation would interfere with the provision of child care services required by subsection (b)(2) before the period. 914. Child support enforcement (a) Elimination of ban on providing assistance to families not assigning certain support rights to the State (1) In general Section 408(a) ( 42 U.S.C. 608(a) ) is amended by striking paragraph (3). (2) Conforming amendments The following provisions are each amended by inserting after section 408(a)(3) the following: (as in effect before the effective date of the amendments made by section 10(a) of the Rewriting to Improve and Secure an Exit Out of Poverty Act took effect) : (A) Section 452(a)(10)(C) ( 42 U.S.C. 652(a)(10)(C) ). (B) Section 452(h) ( 42 U.S.C. 652(h) ). (C) Section 454(5)(A) ( 42 U.S.C. 654(5)(A) ). (D) Section 456(a)(1) ( 42 U.S.C. 656(a)(1) ). (E) Section 457(a)(2)(B)(i) ( 42 U.S.C. 657(a)(2)(B)(i) ). (F) Section 457(a)(3)(A) ( 42 U.S.C. 657(a)(3)(A) ). (G) Section 457(a)(3)(B) ( 42 U.S.C. 657(a)(3)(B) ). (H) Section 464(a)(1) ( 42 U.S.C. 664(a)(1) ). (I) Section 466(a)(3)(B) ( 42 U.S.C. 666(a)(3)(B) ). (b) Requirement that all child support collected on behalf of a child in a family receiving TANF be distributed to the family (1) In general Section 457 ( 42 U.S.C. 657 ) is amended— (A) in subsection (c)(1), by striking means— and all that follows through (B) foster and inserting means foster ; and (B) by adding at the end the following: (f) Notwithstanding the preceding provisions of this section, all amounts collected by a State as child support on behalf of a child in a family that is receiving assistance under the State program funded under part A or under the State plan approved under part A of this title (as in effect on the day before the date of the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996) shall be distributed to the family. . (2) Conforming amendments Section 458(b)(5)(C)(i)(I) ( 42 U.S.C. 658(b)(5)(C)(i)(I) ) is amended— (A) by inserting is collected on behalf of a child described in section 457(f) or after involved ; and (B) by striking A or . 915. State option to extend eligibility for assistance to children through age 21; prohibition on considering financial aid tied to education of child in determining eligibility for, or amount of assistance; prohibition on imposing additional requirements based on educational enrollment of child (a) State option To extend TANF to children under age 22 Section 419(2) ( 42 U.S.C. 619(2) ) is amended— (1) by striking or at the end of subparagraph (A); (2) by striking the period at the end of subparagraph (B) and inserting ; or ; and (3) by adding at the end the following: (C) at the option of the State, has not attained 22 years of age. . (b) Ban on considering financial aid tied to education of child in determining eligibility for, or amount of assistance; ban on imposing additional requirements based on educational enrollment of child (1) Prohibitions Section 408(a) ( 42 U.S.C. 608(a) ), as amended by sections 903(c)(2)(A), 905(d)(1), 906(b)(1), 907(b)(1), 908(a), 909(a), and 910(b) of this title, is amended by adding at the end the following: (20) Ban on considering financial aid tied to education of child in determining eligibility for, or amount of assistance; ban on imposing additional requirements based on educational enrollment of child A State to which a grant is made under section 403 for a fiscal year shall not— (A) consider financial aid tied to the training, school attendance, or postsecondary school attendance of a minor child in determining that the eligibility of the family of the child for, or the amount of assistance to be provided to the family, under the State program funded under this part or any other State program funded by qualified State expenditures (as defined in section 409(a)(7)(B)(i)); or (B) impose additional requirements on a family solely because the family includes a minor child who is enrolled in a training program, school, or post-secondary educational institution. . (2) Penalty Section 409(a) ( 42 U.S.C. 609 ), as amended by sections 903(c)(2)(A), 905(d)(1), 906(b)(2), 907(b)(2), 908(b), 909(b), and 910(c) of this title, is amended by adding at the end the following: (24) Considering educational enrollment of child or of financial aid tied to education of child If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has violated section 408(a)(20) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to 5 percent of the State family assistance grant. . 916. Elimination of certain other bars to TANF assistance (a) Bar on assistance for persons convicted of drug felonies Section 115 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 21 U.S.C. 862a ) is amended— (1) in the section heading by striking assistance and and inserting supplemental nutrition assistance ; (2) in subsection (a), by striking for— and all that follows through (2) benefits and inserting for benefits ; (3) in subsection (b), by striking all through The amount of benefits and inserting the following: (b) Effects on benefits for others The amount of benefits ; (4) in subsection (c), by striking assistance or ; and (5) in subsection (e), by striking it— and all that follows through in section 3(s) and inserting it in section 3(s) . (b) Bar on assistance for unwed teen parents not in school Section 408(a) ( 42 U.S.C. 608(a) ) is amended by striking paragraph (4). (c) Bar on assistance for teens not in an adult-Supervised living arrangement Section 408(a) ( 42 U.S.C. 608(a) ) is amended by striking paragraph (5). (d) Redesignation of provisions (1) In general Section 408(a) ( 42 U.S.C. 608(a) ), as amended by the preceding provisions of this title, is amended by redesignating paragraphs (6) through (20) as paragraphs (3) through (17), respectively. (2) Conforming amendments (A) Section 402(a)(7)(B) ( 42 U.S.C. 602(a)(7)(B) ) is amended by striking 408(a)(7)(C)(iii) and inserting 408(a)(4)(C)(iii) . (B) Section 403(a)(5)(C)(ii)(II) ( 42 U.S.C. 603(a)(5)(C)(ii)(II) ) is amended by striking 408(a)(7)(C) and inserting 408(a)(4)(C) . (C) Section 403(a)(5)(C)(v) ( 42 U.S.C. 603(a)(5)(C)(v) ) is amended by striking 408(a)(7) and inserting 408(a)(4) . (D) Section 409(a)(7)(B)(i)(IV) ( 42 U.S.C. 609(a)(7)(B)(i)(IV) ) is amended by striking 408(a)(7) and inserting 408(a)(4) . (E) Section 409(a)(9) ( 42 U.S.C. 609(a)(9) ) is amended by striking 408(a)(7) and inserting 408(a)(4) . (F) Section 409(a)(17), as added by section 905(d)(1)(A)(ii) of this title, is amended by striking 408(a)(13) and inserting 408(a)(10) . (G) Section 409(a)(18), as added by section 905(d)(1)(A)(ii) of this title, is amended by striking 408(a)(14) and inserting 408(a)(11) . (H) Section 409(a)(19), as added by section 906(b)(2) of this title, is amended by striking 408(a)(15) and inserting 408(a)(12) . (I) Section 409(a)(20), as added by section 907(b)(2) of this title, is amended by striking 408(a)(16) and inserting 408(a)(13) . (J) Section 409(a)(21), as added by section 908(b) of this title, is amended by striking 408(a)(17) and inserting 408(a)(14) . (K) Section 409(a)(22), as added by section 909(b) of this title, is amended by striking 408(a)(18) and inserting 408(a)(15) . (L) Section 409(a)(23), as added by section 910(c) of this title, is amended by striking 408(a)(19) and inserting 408(a)(16) . (M) Section 409(a)(24), as added by section 915(b)(2) of this title, is amended by striking 408(a)(20) and inserting 408(a)(17) . (N) Section 411(a)(1)(A)(xvi) ( 42 U.S.C. 611(a)(1)(A)(xvi) ) is amended by striking 408(a)(7) and inserting 408(a)(7)(A) . 917. Effective date (a) In general Except as otherwise provided in this title, this title and the amendments made by this title shall take effect on October 1, 2014, and shall apply to payments under title IV of the Social Security Act for calendar quarters beginning on or after such date, without regard to whether regulations to implement the amendments are promulgated by such date. (b) Delay permitted if state legislation required If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan under part A or E of title IV of the Social Security Act to meet the additional requirements imposed by the amendments made by this title, the plan shall not be regarded as failing to meet any of the additional requirements before the 1st day of the 1st calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. If the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature. X Employment Advancement, Retention, and Navigation Act 1011. Focus on employment (a) Purpose Section 401(a) of the Social Security Act ( 42 U.S.C. 601(a) ) 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 ; and ; and (3) by adding at the end the following: (5) promote employment advancement among needy families. . (b) State plan requirement Section 402(a)(1)(A) of such Act ( 42 U.S.C. 602(a)(1)(A) ) is amended— (1) by redesignating clauses (vii) and (viii) as clauses (viii) and (ix), respectively; and (2) by inserting after clause (vi) the following: (vii) Establish numeric goals for increasing job entry, employment retention, and earnings gains for current and recent recipients of assistance under the program, and provide the Secretary with a narrative description of the activities and programs the state will implement to attain these goals. . 1012. Modification relating to the Contingency Fund (a) Limitation on use of Contingency Fund grants Section 403(b)(3) of the Social Security Act ( 42 U.S.C. 603(b)(3) ) is amended by inserting at the end the following: (D) Limitation on use of funds Funds received by a State under this paragraph shall be used solely to support training programs leading to a credential that is directly linked to the employment opportunities in the local area or region involved in order to promote the employment of current or recent recipients of assistance under the State program funded under this Part (including non-custodial parents of such recipients). . (b) Elimination of maintenance of effort requirement for Contingency Fund Section 409(a) of such Act ( 42 U.S.C. 609(a) ) is amended by striking paragraph (10). (c) Modification of annual reconciliation requirement for Contingency Fund Section 403(b)(6)(B)(i)(II) of such Act ( 42 U.S.C. 603(b)(6)(B)(i)(II) ) is amended by inserting before historic the following: the applicable percentage (as defined in section 409(a)(7)(B)(ii)) of . 1013. Training for in-demand jobs (a) Vocational educational training for employment in an in-Demand occupation Section 407(d)(8) of the Social Security Act ( 42 U.S.C. 607(d)(8) ) is amended to read as follows: (8) vocational educational training not to exceed 12 months for any individual, or not to exceed 24 months for any individual participating in a training program leading to a credential that is directly linked to the employment opportunities in the individual’s local area or region; . (b) Treatment of students under 20 years of age as engaged in work Section 407(c)(2)(D) of such Act ( 42 U.S.C. 607(c)(2)(D) ) is amended by striking , or (if the month is in fiscal year 2000 or thereafter) deemed to be engaged in work for the month by reason of subparagraph (C) of this paragraph . 1014. Effective date The amendments made by this title shall take effect on the date of the enactment of this title. XI Restoring Supplemental Nutrition Assistance Programs funding cuts instituted in Farm Bill (Heat-and-Eat) 1101. Restoration of standard utility allowances based on the receipt of energy assistance payments (a) Standard Utility Allowances in the Supplemental Nutrition Assistance Program Section 5(e)(6)(C) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014(e)(6)(C) ) is amended— (1) in clause (i) by striking , subject to clause (iv) , and (2) in clause (iv) by striking subclause (I) and inserting the following: (I) In general Subject to subclause (II), if a State agency elects to use a standard utility allowance that reflects heating or cooling costs, the standard utility allowance shall be made available to households receiving a payment, or on behalf of which a payment is made, under the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8621 et seq. ) or other similar energy assistance program, if the household still incurs out-of-pocket heating or cooling expenses in excess of any assistance paid on behalf of the household to an energy provider. . (b) Conforming Amendment Section 2605(f)(2)(A) of the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8624(f)(2)(A) ) is amended by striking , except that, for purposes of the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ), such payments or allowances were greater than $20 annually, consistent with section 5(e)(6)(C)(iv)(I) of that Act ( 7 U.S.C. 2014(e)(6)(C)(iv)(I) ), as determined by the Secretary of Agriculture . XII Helping Hungry Students Learn 1201. Findings Congress makes the following findings: (1) In 2012, nearly one in five children in America lived in a household that lacked access to nutritious food on a regular basis. That is 15.9 million American children who struggled with hunger at some time during the year. (2) Children who experience hunger are more likely to get sick and are more likely to be obese than those who do not. Children facing chronic hunger also find it more difficult to concentrate in school and tend to exhibit higher levels of behavioral, emotional, and academic problems. (3) Federal programs play an important role in addressing childhood hunger. In 2013, 21 million students participated in the free or reduced-price lunch program. Eleven million students participated in the free or reduced-price breakfast program. Three million low-income children received free meals during the summer months. Forty-seven percent of participants in the supplemental nutrition assistance program are under the age of 18. (4) On average, students who eat school breakfast achieve 17.5 percent higher scores on standardized math tests, and attend 1.5 more days of school each year than those who do not. Students who attend class more regularly are 20 percent more likely to graduate from high school. Participation in the school breakfast program is associated with children having a lower Body Mass Index. 1202. School Lunch Program Section 9(b) of the Richard B. Russell National School Lunch Act is amended— (1) in paragraph (1)(A), by inserting after the third sentence the following: Notwithstanding any other provision of this Act and the Child Nutrition Act of 1966, for each school year beginning on or after the July 1 of the year following the year of enactment of the Pathways Out of Poverty Act of 2014 , the income guidelines for determining eligibility for free lunches shall be 185 percent of the applicable family size income levels contained in the nonfarm income poverty guidelines prescribed by the Office of Management and Budget, as adjusted annually in accordance with subparagraph (B) ; and (2) in paragraph (9)(B), by inserting at the end the following: (iii) Termination of reduced-price category Beginning with the school year beginning July 1 of the year following the year of enactment of the Pathways Out of Poverty Act of 2014 , no child shall be determined eligible for a reduced price lunch. . 1203. School Breakfast Program (a) Universal school breakfast program Section 4(a) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773(a) ) is amended— (1) by striking (a) There and inserting: (a)(1) There ; and (2) by adding at the end the following: (2) Universal school breakfast program For each school year beginning on or after the July 1 of the year following the year of enactment of the Pathways Out of Poverty Act of 2014 , each school participating in the school breakfast program under this section shall provide breakfast under the program to each student that desires such a breakfast at no cost to the student. . (b) National average payment rate Section 4(b)(1)(B) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773(b)(1)(B) ) is amended by adding at the end the following: Notwithstanding any other provision of this Act or the Richard B. Russell National School Lunch Act, for each school year beginning on or after the July 1 of the year following the year of enactment of the Pathways Out of Poverty Act of 2014 , the national average payment for each breakfast served to any child shall be equal to the national average payment for each free breakfast served during the school year beginning July 1 of the year of enactment of the Pathways Out of Poverty Act of 2014 (which shall be adjusted pursuant to section 11(a) of the Richard B. Russell National School Lunch Act). . (c) Severe need assistance Section 4(d)(1) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773(d)(1) ) is amended— (1) by striking (A) during and inserting: (A)(i) during ; (2) by striking (B) in and inserting (ii) in ; (3) by striking subparagraph (A) and inserting clause (i) ; (4) by striking met. and inserting met; and ; and (5) by adding at the end the following: (B) for each school year beginning on or after the July 1 of the year following the year of enactment of the Pathways Out of Poverty Act of 2014 , there is an alternative breakfast serving model to increase participation in the school breakfast program, such as by serving breakfast in the classroom or having a school breakfast cart. . 1204. Summer Electronic Benefits Transfer for Children program The Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ) is amended by adding at the end the following: 30. Summer Electronic Benefits Transfer for Children program (a) In general From the amount appropriated to carry out this section, the Secretary shall carry out a summer electronic benefits transfer for children program by awarding grants to States that desire to participate in such program to assist such States with the initial administrative costs of such participation. (b) Program requirements The summer electronic benefits transfer for children program carried out under this section shall have the same terms and conditions as the summer electronic benefits transfer for children demonstration project carried out under section 749(g) of the Agriculture, Rural Development, and Food and Drug Administration, and Related Agencies Appropriations Act, 2010 ( Public Law 111–80 ; 123 Stat. 2131), except that the Secretary shall prescribe an annual adjustment for the monthly benefit of $60 per child that is adjusted at the time that the annual adjustments are made for the national average payment rates for breakfasts and lunches (pursuant to section 11(a) of this Act). . 1205. Weekends and holidays without hunger Section 18 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769 ) is amended by adding at the end the following: (l) Weekends and holidays without hunger (1) Definitions In this subsection: (A) At-risk school child The term at-risk school child has the meaning given the term in section 17(r)(1). (B) Eligible institution (i) In general The term eligible institution means a public or private nonprofit institution that is determined by the Secretary to be able to meet safe food storage, handling, and delivery standards established by the Secretary. (ii) Inclusions The term eligible institution includes— (I) an elementary or secondary school or school food service authority; (II) a food bank or food pantry; (III) a homeless shelter; and (IV) such other type of emergency feeding agency as is approved by the Secretary. (2) Establishment Subject to the availability of appropriations provided in advance in an appropriations Act specifically for the purpose of carrying out this subsection, the Secretary shall establish a program under which the Secretary shall provide commodities, on a competitive basis, to State agencies for the purposes of enabling eligible institutions to carry out projects to provide nutritious food to at-risk children on weekends and during extended school holidays during the school year. (3) Applications To participate in the program under this subsection, a State agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (4) Eligibility (A) In general To be eligible to receive commodities under this subsection, an eligible institution shall submit an application to the State agency involved at such time, in such manner, and containing such information as the State agency may require. (B) Plan An application under subparagraph (A) shall include the plan of the eligible institution for the distribution of nutritious foods to at-risk school children under the project to be carried out under this subsection, including— (i) methods of food service delivery to at-risk school children; (ii) assurances that children receiving foods under the project will not be publicly separated or overtly identified; (iii) lists of the types of food to be provided under the project and provisions to ensure food quality and safety; (iv) information on the number of at-risk school children to be served and the per-child cost of providing the children with food; and (v) such other information as the Secretary determines to be necessary to assist the Secretary in evaluating projects that receive commodities under this subsection. (5) Priority In selecting applications under this subsection, a State agency shall give priority to eligible institutions that— (A) have on-going programs and experience serving populations with significant proportions of at-risk school children; (B) have a good record of experience in food delivery and food safety systems; (C) maintain high-quality control, accountability, and recordkeeping standards; (D) provide children with readily consumable food of high nutrient content and quality; (E) demonstrate cost efficiencies and the potential for obtaining supplemental funding from non-Federal sources to carry out projects; and (F) demonstrate the ability to continue projects for the full approved term of the pilot project period. (6) Guidelines (A) In general The Secretary shall issue guidelines containing the criteria for eligible institutions to receive commodities under this section from State agencies. (B) Inclusions The guidelines shall, to the maximum extent practicable within the funds available and applications submitted, take into account— (i) geographical variations in project locations that will be carried out by eligible institutions to include qualifying projects in rural, urban, and suburban areas with high proportions of families with at-risk school children; (ii) different types of projects that offer nutritious foods on weekends and during school holidays to at-risk school children; and (iii) institutional capacity to collect, maintain, and provide statistically valid information necessary for the Secretary— (I) to analyze and evaluate the results of the pilot project; and (II) to make recommendations to Congress. (7) Evaluation (A) Interim evaluation Not later than November 30, 2016, the Secretary shall complete an interim evaluation of the pilot program carried out under this subsection. (B) Final report Not later than December 31, 2018, the Secretary shall submit to Congress a final report that contains— (i) an evaluation of the pilot program carried out under this subsection; and (ii) any recommendations of the Secretary for legislative action. (8) Funding (A) Authorization of appropriations There is authorized to be appropriated to carry out this subsection such sums as are necessary, to remain available until expended. (B) Availability of funds Not more than 3 percent of the funds made available under subparagraph (A) may be used by the Secretary for expenses associated with review of the operations and evaluation of the projects carried out under this subsection. . XIII Food Assistance to Improve Reintegration Act 1301. Repeal of denial of benefits Section 115 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 21 U.S.C. 862a ) is amended— (1) in subsection (a) by striking paragraph (2); (2) in subsection (b) by striking paragraph (2); and (3) in subsection (e) by striking paragraph (2). D Labor/Job Training XV Assistance for the Unemployed and Pathways Back to Work A Supporting Unemployed Workers 1501. Short title This subtitle may be cited as the Supporting Unemployed Workers Act of 2014 . I Extension of emergency unemployment compensation and certain extended benefits provisions, and establishment of self-Employment assistance program 1511. Extension of Emergency Unemployment Compensation program (a) In general Section 4007 of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note) is amended by striking January 1, 2014 and inserting January 1, 2016 . (b) Funding Section 4004(e)(1) of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note) is amended— (1) in subparagraph (I), by striking and at the end; (2) in subparagraph (J), by inserting and at the end; and (3) by inserting after subparagraph (J) the following: (K) the amendments made by section 1511(a) of the Supporting Unemployed Workers Act of 2014 ; and . (c) Effective date The amendments made by this section shall take effect as if included in the enactment of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 ( Public Law 111–312 ; 26 U.S.C. 3304 note). 1512. Temporary extension of extended benefit provisions (a) In general Section 2005 of the Assistance for Unemployed Workers and Struggling Families Act, as contained in Public Law 111–5 ( 26 U.S.C. 3304 note), is amended— (1) by striking December 31, 2013 each place it appears and inserting December 31, 2015 ; and (2) in subsection (c), by striking June 30, 2014 and inserting June 30, 2016 . (b) Extension of matching for states with no waiting week Section 5 of the Unemployment Compensation Extension Act of 2008 ( Public Law 110–449 ; 26 U.S.C. 3304 note) is amended by striking June 30, 2014 and inserting June 30, 2016 . (c) Extension of modification of indicators under the extended benefit program Section 203 of the Federal-State Extended Unemployment Compensation Act of 1970 ( 26 U.S.C. 3304 note) is amended— (1) in subsection (d), by striking December 31, 2013 and inserting December 31, 2015 ; and (2) in subsection (f)(2), by striking December 31, 2013 and inserting December 31, 2015 . (d) Effective date The amendments made by this section shall take effect as if included in the enactment of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 ( Public Law 111–312 ; 26 U.S.C. 3304 note). 1513. Additional extended unemployment benefits under the Railroad Unemployment Insurance Act (a) Extension Section 2(c)(2)(D)(iii) of the Railroad Unemployment Insurance Act ( 45 U.S.C. 352(c)(2)(D)(iii) ) is amended— (1) by striking June 30, 2013 and inserting June 30, 2015 ; and (2) by striking December 31, 2013 and inserting December 31, 2015 . (b) Clarification on authority To use funds Funds appropriated under either the first or second sentence of clause (iv) of section 2(c)(2)(D) of the Railroad Unemployment Insurance Act ( 45 U.S.C. 352(c)(2)(D) ) shall be available to cover the cost of additional extended unemployment benefits provided under such section 2(c)(2)(D) by reason of the amendments made by subsection (a) as well as to cover the cost of such benefits provided under such section 2(c)(2)(D), as in effect on the day before the date of the enactment of this Act. II Reemployment NOW program 1521. Establishment of Reemployment NOW program (a) In general There is established the Reemployment NOW program to be carried out by the Secretary of Labor in accordance with this part in order to facilitate the reemployment of individuals who are receiving emergency unemployment compensation under title IV of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note) (hereafter in this part referred to as EUC claimants ). (b) Authorization and appropriation There are authorized to be appropriated $4,000,000,000 for fiscal year 2015 to carry out the Reemployment NOW program under this part. 1522. Distribution of funds (a) In general Of the amount made available under section 1521(b) to carry out this part, the Secretary of Labor shall— (1) reserve up to 1 percent for the costs of Federal administration and for carrying out rigorous evaluations of the activities conducted under this part; and (2) allot the remainder of the funds not reserved under paragraph (1) in accordance with the requirements of subsection (b) and (c) to States that have approved plans under section 1523. (b) Allotment formula (1) Formula factors The Secretary of Labor shall allot the funds available under subsection (a)(2) as follows— (A) two-thirds of such funds shall be allotted on the basis of the relative number of unemployed individuals in each State, compared to the total number of unemployed individuals in all States; and (B) one-third of such funds shall be allotted on the basis of the relative number of individuals in each State who have been unemployed for 27 weeks or more, compared to the total number of individuals in all States who have been unemployed for 27 weeks or more. (2) Calculation For purposes of paragraph (1), the number of unemployed individuals and the number of individuals unemployed for 27 weeks or more shall be based on the data for the most recent 12-month period, as determined by the Secretary. (c) Reallotment (1) Failure to submit state plan If a State does not submit a State plan by the time specified in section 1523(b), or a State does not receive approval of a State plan, the amount the State would have been eligible to receive pursuant to the formula under subsection (b) shall be allotted to States that receive approval of the State plan under section 1523 in accordance with the relative allotments of such States as determined by the Secretary under subsection (b). (2) Failure to implement activities on a timely basis The Secretary of Labor may, in accordance with procedures and criteria established by the Secretary, recapture the portion of the State allotment under this part that remains unobligated if the Secretary determines such funds are not being obligated at a rate sufficient to meet the purposes of this part. The Secretary shall reallot such recaptured funds to other States that are not subject to recapture in accordance with the relative share of the allotments of such States as determined by the Secretary under subsection (b). (3) Recapture of funds Funds recaptured under paragraph (2) shall be available for reobligation not later than December 31, 2015. 1523. State plan (a) In general For a State to be eligible to receive an allotment under section 1522, a State shall submit to the Secretary of Labor a State plan in such form and containing such information as the Secretary may require, which at a minimum shall include— (1) a description of the activities to be carried out by the State to assist in the reemployment of eligible individuals to be served in accordance with this part, including which of the activities authorized in sections 1524–1528 the State intends to carry out and an estimate of the amounts the State intends to allocate to the activities, respectively; (2) a description of the performance outcomes to be achieved by the State through the activities carried out under this part, including the employment outcomes to be achieved by participants and the processes the State will use to track performance, consistent with guidance provided by the Secretary of Labor regarding such outcomes and processes; (3) a description of coordination of activities to be carried out under this part with activities under title I of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of the Workforce Innovation and Opportunity Act), the Wagner-Peyser Act, and other appropriate Federal programs; (4) the timelines for implementation of the activities described in the plan and the number of EUC claimants expected to be enrolled in such activities by quarter; (5) assurances that the State will participate in the evaluation activities carried out by the Secretary of Labor under this section; (6) assurances that the State will provide appropriate reemployment services, including counseling, to any EUC claimant who participates in any of the programs authorized under this part; and (7) assurances that the State will report such information as the Secretary may require relating to fiscal, performance and other matters, including employment outcomes and effects, which the Secretary determines are necessary to effectively monitor the activities carried out under this part. (b) Plan submission and approval A State plan under this section shall be submitted to the Secretary of Labor for approval not later than 30 days after the Secretary issues guidance relating to submission of such plan. The Secretary shall approve such plans if the Secretary determines that the plans meet the requirements of this part and are appropriate and adequate to carry out the purposes of this part. (c) Plan modifications A State may submit modifications to a State plan that has been approved under this part, and the Secretary of Labor may approve such modifications, if the plan as modified would meet the requirements of this part and are appropriate and adequate to carry out the purposes of this part. 1524. Bridge to Work program (a) In general A State may use funds allotted to the State under this part to establish and administer a Bridge to Work program described in this section. (b) Description of program In order to increase individuals’ opportunities to move to permanent employment, a State may establish a Bridge to Work program to provide an EUC claimant with short-term work experience placements with an eligible employer, during which time such individual— (1) shall be paid emergency unemployment compensation payable under title IV of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note), as wages for work performed, and as specified in subsection (c); (2) shall be paid the additional amount described in subsection (e) as augmented wages for work performed; and (3) may be paid compensation in addition to the amounts described in paragraphs (1) and (2) by a State or by a participating employer as wages for work performed. (c) Program eligibility and other requirements For purposes of this program— (1) individuals who, except for the requirements described in paragraph (3), are eligible to receive emergency unemployment compensation payments under title IV of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note), and who choose to participate in the program described in subsection (b), shall receive such payments as wages for work performed during their voluntary participation in the program described under subsection (b); (2) the wages payable to individuals described in paragraph (1) shall be paid from the emergency unemployment compensation account for such individual as described in section 4002 of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note), and the amount in such individual’s account shall be reduced accordingly; (3) the wages payable to an individual described in paragraph (1) shall be payable in the same amount, at the same interval, on the same terms, and subject to the same conditions under title IV of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note), except that— (A) State requirements applied under such Act relating to availability for work and active search for work are not applicable to such individuals who participate for at least 25 hours per week in the program described in subsection (b) for the duration of such individual’s participation in the program; (B) State requirements applied under such Act relating to disqualifying income regarding wages earned shall not apply to such individuals who participate for at least 25 hours per week in the program described in subsection (b), and shall not apply with respect to— (i) the wages described under subsection (b); and (ii) any wages, in addition to those described under subsection (b), whether paid by a State or a participating employer for the same work activities; (C) State prohibitions or limitations applied under such Act relating to employment status shall not apply to such individuals who participate in the program described in subsection (b); and (D) State requirements applied under such Act relating to an individual’s acceptance of an offer of employment shall not apply with regard to an offer of long-term employment from a participating employer made to such individual who is participating in the program described in subsection (b) in a work experience provided by such employer, where such long-term employment is expected to commence or commences at the conclusion of the duration specified in paragraph (4)(A); (4) the program shall be structured so that individuals described in paragraph (1) may participate in the program for up to— (A) 8 weeks, and (B) 38 hours for each such week; (5) a State shall ensure that all individuals participating in the program are covered by a workers’ compensation insurance program; and (6) the program meets such other requirements as the Secretary of Labor determines to be appropriate in guidance issued by the Secretary. (d) State requirements (1) Certification of eligible employer A State may certify as eligible for participation in the program under this section any employer that meets the eligibility criteria as established in guidance by the Secretary of Labor, except that an employer shall not be certified as eligible for participation in the program described under subsection (b)— (A) if such employer— (i) is a Federal, State, or local government entity; (ii) would engage an eligible individual in work activities under any employer’s grant, contract, or subcontract with a Federal, State, or local government entity, except with regard to work activities under any employer’s supply contract or subcontract; (iii) is delinquent with respect to any taxes or employer contributions described under sections 3301 and 3302(a)(1) of the Internal Revenue Code of 1986 or with respect to any related reporting requirements; (iv) is engaged in the business of supplying workers to other employers and would participate in the program for the purpose of supplying individuals participating in the program to other employers; or (v) has previously participated in the program and the State has determined that such employer has failed to abide by any of the requirements specified in subsections (h), (i), or (j), or by any other requirements that the Secretary may establish for employers under subsection (c)(6); and (B) unless such employer provides assurances that it has not displaced existing workers pursuant to the requirements of subsection (h). (2) Authorized activities Funds allotted to a State under this part for the program— (A) shall be used to— (i) recruit employers for participation in the program; (ii) review and certify employers identified by eligible individuals seeking to participate in the program; (iii) ensure that reemployment and counseling services are available for program participants, including services describing the program under subsection (b), prior to an individual’s participation in such program; (iv) establish and implement processes to monitor the progress and performance of individual participants for the duration of the program; (v) prevent misuse of the program; and (vi) pay augmented wages to eligible individuals, if necessary, as described in subsection (e); and (B) may be used— (i) to pay workers’ compensation insurance premiums to cover all individuals participating in the program, except that, if a State opts not to make such payments directly to a State administered workers’ compensation program, the State involved shall describe in the approved State plan the means by which such State shall ensure workers’ compensation or equivalent coverage for all individuals who participate in the program; (ii) to pay compensation to a participating individual that is in addition to the amounts described in subsections (c)(1) and (e) as wages for work performed; (iii) to provide supportive services, such as transportation, child care, and dependent care, that would enable individuals to participate in the program; (iv) for the administration and oversight of the program; and (v) to fulfill additional program requirements included in the approved State plan. (e) Payment of augmented wages if necessary In the event that the wages described in subsection (c)(1) are not sufficient to equal or exceed the minimum wages that are required to be paid by an employer under section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ) or the applicable State or local minimum wage law, whichever is higher, a State shall pay augmented wages to a program participant in any amount necessary to cover the difference between— (1) such minimum wages amount; and (2) the wages payable under subsection (c)(1). (f) Effect of wages on eligibility for other programs None of the wages paid under this section shall be considered as income for the purposes of determining eligibility for and the amount of income transfer and in-kind aid furnished under any Federal or federally assisted program based on need. (g) Effect of wages, work activities, and program participation on continuing eligibility for emergency unemployment compensation Any wages paid under this section and any additional wages paid by an employer to an individual described in subsection (c)(1), and any work activities performed by such individual as a participant in the program, shall not be construed so as to render such individual ineligible to receive emergency unemployment compensation under title IV of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note). (h) Nondisplacement of employees (1) Prohibition An employer shall not use a program participant to displace (including a partial displacement, such as a reduction in the hours of non-overtime work, wages, or employment benefits) any current employee (as of the date of the participation). (2) Other prohibitions An employer shall not permit a program participant to perform work activities related to any job for which— (A) any other individual is on layoff from the same or any substantially equivalent position; (B) the employer has terminated the employment of any employee or otherwise reduced the workforce of the employer with the intention of filling or partially filling the vacancy so created with the work activities to be performed by a program participant; (C) there is a strike or lock out at the worksite that is the participant’s place of employment; or (D) the job is created in a manner that will infringe in any way upon the promotional opportunities of currently employed individuals (as of the date of the participation). (i) Prohibition on impairment of contracts An employer shall not, by means of assigning work activities under this section, impair an existing contract for services or a collective bargaining agreement, and no such activity that would be inconsistent with the terms of a collective bargaining agreement shall be undertaken without the written concurrence of the labor organization that is signatory to the collective bargaining agreement. (j) Limitation on employer participation If, after 24 weeks of participation in the program, an employer has not made an offer of suitable long-term employment to any individual described under subsection (c)(1) who was placed with such employer and has completed the program, a State shall bar such employer from further participation in the program. States may impose additional conditions on participating employers to ensure that an appropriate number of participants receive offers of suitable long-term employment. (k) Failure To meet program requirements If a State makes a determination based on information provided to the State, or acquired by the State by means of its administration and oversight functions, that a participating employer under this section has violated a requirement of this section, the State shall bar such employer from further participation in the program. The State shall establish a process whereby an individual described in subsection (c)(1), or any other affected individual or entity, may file a complaint with the State relating to a violation of any requirement or prohibition under this section. (l) Participant option To terminate participation in bridge to work program (1) Termination An individual who is participating in a program described in subsection (b) may opt to discontinue participation in such program. (2) Continued eligibility for emergency unemployment compensation An individual who opts to discontinue participation in such program, is terminated from such program by a participating employer, or who has completed participation in such program, and who continues to meet the eligibility requirements for emergency unemployment compensation under title IV of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note), shall receive emergency unemployment compensation payments with respect to subsequent weeks of unemployment, to the extent that amounts remain in the account established for such individual under section 4002(b) of such Act or to the extent that such individual commences receiving the amounts described in subsections (c), (d), or (e) of such section, respectively. (m) Effect of other laws Unless otherwise provided in this section, nothing in this section shall be construed to alter or affect the rights or obligations under any Federal, State, or local laws with respect to any individual described in subsection (c)(1) and with respect to any participating employer under this section. (n) Treatment of payments All wages or other payments to an individual under this section shall be treated as payments of unemployment compensation for purposes of section 209 of the Social Security Act ( 42 U.S.C. 409 ) and for purposes of subtitle A and sections 3101, 3111, and 3301 of the Internal Revenue Code of 1986. 1525. Wage insurance (a) In general A State may use the funds allotted to the State under this part to provide a wage insurance program for EUC claimants. (b) Benefits The wage insurance program provided under this section may use funds allotted to the State under this part to pay, for a period not to exceed 2 years, to a worker described in subsection (c), up to 50 percent of the difference between— (1) the wages received by the worker at the time of separation; and (2) the wages received by the worker for reemployment. (c) Individual eligibility The benefits described in subsection (b) may be paid to an individual who is an EUC claimant at the time such individual obtains reemployment and who— (1) is at least 50 years of age; (2) earns not more than $50,000 per year in wages from reemployment; (3) is employed on a full-time basis as defined by the law of the State; and (4) is not employed by the employer from which the individual was last separated. (d) Total amount of payments A State shall establish a maximum amount of payments per individual for purposes of payments described in subsection (b) during the eligibility period described in such subsection. (e) Non-Discrimination regarding wages An employer shall not pay a worker described in subsection (c) less than such employer pays to a regular worker in the same or substantially equivalent position. 1526. Enhanced reemployment strategies (a) In general A State may use funds allotted under this part to provide a program of enhanced reemployment services to EUC claimants. In addition to the provision of services to such claimants, the program may include the provision of reemployment services to individuals who are unemployed and have exhausted their rights to emergency unemployment compensation under title IV of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note). The program shall provide reemployment services that are more intensive than the reemployment services provided by the State prior to the receipt of the allotment under this part. (b) Types of services The enhanced reemployment services described in subsection (a) may include services such as— (1) assessments, counseling, and other intensive services that are provided by staff on a one-to-one basis and may be customized to meet the reemployment needs of EUC claimants and individuals described in subsection (a); (2) comprehensive assessments designed to identify alternative career paths; (3) case management; (4) reemployment services that are provided more frequently and more intensively than such reemployment services have previously been provided by the State; and (5) services that are designed to enhance communication skills, interviewing skills, and other skills that would assist in obtaining reemployment. 1527. Self-employment programs A State may use funds allotted to the State under this part, in an amount specified under an approved State plan, for the administrative costs associated with starting up the self-employment assistance program described in section 4001(i) of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note). 1528. Additional innovative programs (a) In general A State may use funds allotted under this part to provide a program for innovative activities, which use a strategy that is different from the reemployment strategies described in sections 1524–1527 and which are designed to facilitate the reemployment of EUC claimants. In addition to the provision of activities to such claimants, the program may include the provision of activities to individuals who are unemployed and have exhausted their rights to emergency unemployment compensation under title IV of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note). (b) Conditions The innovative activities approved in accordance with subsection (a)— (1) shall directly benefit EUC claimants and, if applicable, individuals described in subsection (a), either as a benefit paid to such claimant or individual or as a service provided to such claimant or individual; (2) shall not result in a reduction in the duration or amount of, emergency unemployment compensation for which EUC claimants would otherwise be eligible; (3) shall not include a reduction in the duration, amount of or eligibility for regular compensation or extended benefits; (4) shall not be used to displace (including a partial displacement, such as a reduction in the hours of non-overtime work, wages, or employment benefits) any currently employed employee (as of the date of the participation) or allow a program participant to perform work activities related to any job for which— (A) any other individual is on layoff from the same or any substantially equivalent job; (B) the employer has terminated the employment of any regular employee or otherwise reduced the workforce of the employer with the intention of filling or partially filling the vacancy so created with the work activities to be performed by a program participant; (C) there is a strike or lock out at the worksite that is the participant’s place of employment; or (D) the job is created in a manner that will infringe in any way upon the promotional opportunities of currently employed individuals (as of the date of the participation); and (5) shall not be in violation of any Federal, State, or local law. 1529. Guidance and additional requirements The Secretary of Labor may establish through guidance, without regard to the requirements of section 553 of title 5, United States Code, such additional requirements, including requirements regarding the allotment, recapture, and reallotment of funds, and reporting requirements, as the Secretary determines to be necessary to ensure fiscal integrity, effective monitoring, and appropriate and prompt implementation of the activities under this Act. 1530. Report of information and evaluations to Congress and the public The Secretary of Labor shall provide to the appropriate Committees of the Congress and make available to the public the information reported pursuant to section 1529 and the evaluations of activities carried out pursuant to the funds reserved under section 1522(a)(1). 1531. State For purposes of this part, the term State has the meaning given that term in section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 ( 26 U.S.C. 3304 note). III Short-Time compensation program 1541. Temporary financing of short-time compensation payments in States with programs in law (a) Payments to states (1) In general Subject to paragraph (3), there shall be paid to a State an amount equal to 100 percent of the amount of short-time compensation paid under a short-time compensation program (as defined in section 3306(v) of the Internal Revenue Code of 1986) under the provisions of the State law. (2) Terms of payments Payments made to a State under paragraph (1) shall be payable by way of reimbursement in such amounts as the Secretary estimates the State will be entitled to receive under this section for each calendar month, reduced or increased, as the case may be, by any amount by which the Secretary finds that the Secretary’s estimates for any prior calendar month were greater or less than the amounts which should have been paid to the State. Such estimates may be made on the basis of such statistical, sampling, or other method as may be agreed upon by the Secretary and the State agency of the State involved. (3) Limitations on payments (A) General payment limitations No payments shall be made to a State under this section for short-time compensation paid to an individual by the State during a benefit year in excess of 26 times the amount of regular compensation (including dependents’ allowances) under the State law payable to such individual for a week of total unemployment. (B) Employer limitations No payments shall be made to a State under this section for benefits paid to an individual by the State under a short-time compensation program if such individual is employed by the participating employer on a seasonal, temporary, or intermittent basis. (b) Applicability (1) In general Payments to a State under subsection (a) shall be available for weeks of unemployment— (A) beginning on or after the date of the enactment of this Act; and (B) ending on or before the date that is 3 years and 6 months after the date of the enactment of this Act. (2) Three-year funding limitation for combined payments under this section and section 1543 States may receive payments under this section and section 1543 with respect to a total of not more than 156 weeks. (c) Two-Year transition period for existing programs During any period that the transition provision under section 1541(a)(3) is applicable to a State with respect to a short-time compensation program, such State shall be eligible for payments under this section. Subject to paragraphs (1)(B) and (2) of subsection (b), if at any point after the date of the enactment of this Act the State enacts a State law providing for the payment of short-time compensation under a short-time compensation program that meets the definition of such a program under section 3306(v) of the Internal Revenue Code of 1986, the State shall be eligible for payments under this section after the effective date of such enactment. (d) Funding and certifications (1) Funding There are appropriated, out of moneys in the Treasury not otherwise appropriated, such sums as may be necessary for purposes of carrying out this section. (2) Certifications The Secretary shall from time to time certify to the Secretary of the Treasury for payment to each State the sums payable to such State under this section. (e) Definitions In this section: (1) Secretary The term Secretary means the Secretary of Labor. (2) State; state agency; state law The terms State , State agency , and State law have the meanings given those terms in section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 ( 26 U.S.C. 3304 note). 1542. Temporary financing of short-time compensation agreements (a) Federal-State agreements (1) In general Any State which desires to do so may enter into, and participate in, an agreement under this section with the Secretary provided that such State’s law does not provide for the payment of short-time compensation under a short-time compensation program (as defined in section 3306(v) of the Internal Revenue Code of 1986). (2) Ability to terminate Any State which is a party to an agreement under this section may, upon providing 30 days’ written notice to the Secretary, terminate such agreement. (b) Provisions of Federal-State agreement (1) In general Any agreement under this section shall provide that the State agency of the State will make payments of short-time compensation under a plan approved by the State. Such plan shall provide that payments are made in accordance with the requirements under section 3306(v) of the Internal Revenue Code of 1986. (2) Limitations on plans (A) General payment limitations A short-time compensation plan approved by a State shall not permit the payment of short-time compensation to an individual by the State during a benefit year in excess of 26 times the amount of regular compensation (including dependents’ allowances) under the State law payable to such individual for a week of total unemployment. (B) Employer limitations A short-time compensation plan approved by a State shall not provide payments to an individual if such individual is employed by the participating employer on a seasonal, temporary, or intermittent basis. (3) Employer payment of costs Any short-time compensation plan entered into by an employer must provide that the employer will pay the State an amount equal to one-half of the amount of short-time compensation paid under such plan. Such amount shall be deposited in the State’s unemployment fund and shall not be used for purposes of calculating an employer’s contribution rate under section 3303(a)(1) of the Internal Revenue Code of 1986. (c) Payments to States (1) In general There shall be paid to each State with an agreement under this section an amount equal to— (A) one-half of the amount of short-time compensation paid to individuals by the State pursuant to such agreement; and (B) any additional administrative expenses incurred by the State by reason of such agreement (as determined by the Secretary). (2) Terms of payments Payments made to a State under paragraph (1) shall be payable by way of reimbursement in such amounts as the Secretary estimates the State will be entitled to receive under this section for each calendar month, reduced or increased, as the case may be, by any amount by which the Secretary finds that the Secretary’s estimates for any prior calendar month were greater or less than the amounts which should have been paid to the State. Such estimates may be made on the basis of such statistical, sampling, or other method as may be agreed upon by the Secretary and the State agency of the State involved. (3) Funding There are appropriated, out of moneys in the Treasury not otherwise appropriated, such sums as may be necessary for purposes of carrying out this section. (4) Certifications The Secretary shall from time to time certify to the Secretary of the Treasury for payment to each State the sums payable to such State under this section. (d) Applicability (1) In general An agreement entered into under this section shall apply to weeks of unemployment— (A) beginning on or after the date on which such agreement is entered into; and (B) ending on or before the date that is 2 years and 13 weeks after the date of the enactment of this Act. (2) Two-year funding limitation States may receive payments under this section with respect to a total of not more than 104 weeks. (e) Special rule If a State has entered into an agreement under this section and subsequently enacts a State law providing for the payment of short-time compensation under a short-time compensation program that meets the definition of such a program under section 3306(v) of the Internal Revenue Code of 1986, the State— (1) shall not be eligible for payments under this section for weeks of unemployment beginning after the effective date of such State law; and (2) subject to paragraphs (1)(B) and (2) of section 1542(b), shall be eligible to receive payments under section 1542 after the effective date of such State law. (f) Definitions In this section: (1) Secretary The term Secretary means the Secretary of Labor. (2) State; state agency; state law The terms State , State agency , and State law have the meanings given those terms in section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 ( 26 U.S.C. 3304 note). 1543. Grants for short-time compensation programs (a) Grants (1) For implementation or improved administration The Secretary shall award grants to States that enact short-time compensation programs (as defined in subsection (i)(2)) for the purpose of implementation or improved administration of such programs. (2) For promotion and enrollment The Secretary shall award grants to States that are eligible and submit plans for a grant under paragraph (1) for such States to promote and enroll employers in short-time compensation programs (as so defined). (3) Eligibility (A) In general The Secretary shall determine eligibility criteria for the grants under paragraph (1) and (2). (B) Clarification A State administering a short-time compensation program, including a program being administered by a State that is participating in the transition under the provisions of sections 1541(a)(3) and 1542(c), that does not meet the definition of a short-time compensation program under section 3306(v) of the Internal Revenue Code of 1986, and a State with an agreement under section 1543, shall not be eligible to receive a grant under this section until such time as the State law of the State provides for payments under a short-time compensation program that meets such definition and such law. (b) Amount of grants (1) In general The maximum amount available for making grants to a State under paragraphs (1) and (2) shall be equal to the amount obtained by multiplying $700,000,000 (less the amount used by the Secretary under subsection (e)) by the same ratio as would apply under subsection (a)(2)(B) of section 903 of the Social Security Act ( 42 U.S.C. 1103 ) for purposes of determining such State’s share of any excess amount (as described in subsection (a)(1) of such section) that would have been subject to transfer to State accounts, as of October 1, 2013, under the provisions of subsection (a) of such section. (2) Amount available for different grants Of the maximum incentive payment determined under paragraph (1) with respect to a State— (A) one-third shall be available for a grant under subsection (a)(1); and (B) two-thirds shall be available for a grant under subsection (a)(2). (c) Grant application and disbursal (1) Application Any State seeking a grant under paragraph (1) or (2) of subsection (a) shall submit an application to the Secretary at such time, in such manner, and complete with such information as the Secretary may require. In no case may the Secretary award a grant under this section with respect to an application that is submitted after December 31, 2014. (2) Notice The Secretary shall, within 30 days after receiving a complete application, notify the State agency of the State of the Secretary’s findings with respect to the requirements for a grant under paragraph (1) or (2) (or both) of subsection (a). (3) Certification If the Secretary finds that the State law provisions meet the requirements for a grant under subsection (a), the Secretary shall thereupon make a certification to that effect to the Secretary of the Treasury, together with a certification as to the amount of the grant payment to be transferred to the State account in the Unemployment Trust Fund (as established in section 904(a) of the Social Security Act ( 42 U.S.C. 1104(a) )) pursuant to that finding. The Secretary of the Treasury shall make the appropriate transfer to the State account within 7 days after receiving such certification. (4) Requirement No certification of compliance with the requirements for a grant under paragraph (1) or (2) of subsection (a) may be made with respect to any State whose— (A) State law is not otherwise eligible for certification under section 303 of the Social Security Act ( 42 U.S.C. 503 ) or approvable under section 3304 of the Internal Revenue Code of 1986; or (B) short-time compensation program is subject to discontinuation or is not scheduled to take effect within 12 months of the certification. (d) Use of funds The amount of any grant awarded under this section shall be used for the implementation of short-time compensation programs and the overall administration of such programs and the promotion and enrollment efforts associated with such programs, such as through— (1) the creation or support of rapid response teams to advise employers about alternatives to layoffs; (2) the provision of education or assistance to employers to enable them to assess the feasibility of participating in short-time compensation programs; and (3) the development or enhancement of systems to automate— (A) the submission and approval of plans; and (B) the filing and approval of new and ongoing short-time compensation claims. (e) Administration The Secretary is authorized to use 0.25 percent of the funds available under subsection (g) to provide for outreach and to share best practices with respect to this section and short-time compensation programs. (f) Recoupment The Secretary shall establish a process under which the Secretary shall recoup the amount of any grant awarded under paragraph (1) or (2) of subsection (a) if the Secretary determines that, during the 5-year period beginning on the first date that any such grant is awarded to the State, the State— (1) terminated the State’s short-time compensation program; or (2) failed to meet appropriate requirements with respect to such program (as established by the Secretary). (g) Funding There are appropriated, out of moneys in the Treasury not otherwise appropriated, to the Secretary, $700,000,000 to carry out this section, to remain available without fiscal year limitation. (h) Reporting The Secretary may establish reporting requirements for States receiving a grant under this section in order to provide oversight of grant funds. (i) Definitions In this section: (1) Secretary The term Secretary means the Secretary of Labor. (2) Short-time compensation program The term short-time compensation program has the meaning given such term in section 3306(v) of the Internal Revenue Code of 1986. (3) State; State agency; State law The terms State , State agency , and State law have the meanings given those terms in section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 ( 26 U.S.C. 3304 note). 1544. Assistance and guidance in implementing programs (a) In general In order to assist States in establishing, qualifying, and implementing short-time compensation programs (as defined in section 3306(v) of the Internal Revenue Code of 1986), the Secretary of Labor (in this section referred to as the Secretary ) shall— (1) develop model legislative language which may be used by States in developing and enacting such programs and periodically review and revise such model legislative language; (2) provide technical assistance and guidance in developing, enacting, and implementing such programs; and (3) establish reporting requirements for States, including reporting on— (A) the number of estimated averted layoffs; (B) the number of participating employers and workers; and (C) such other items as the Secretary of Labor determines are appropriate. (b) Model language and guidance The model language and guidance developed under subsection (a) shall allow sufficient flexibility by States and participating employers while ensuring accountability and program integrity. (c) Consultation In developing the model legislative language and guidance under subsection (a), and in order to meet the requirements of subsection (b), the Secretary shall consult with employers, labor organizations, State workforce agencies, and other program experts. 1545. Reports (a) Reports (1) In general Not later than 4 years after the date of the enactment of this Act, the Secretary of Labor shall submit to Congress and to the President a report or reports on the implementation of the provisions of this Act. (2) Requirements Any report under paragraph (1) shall at a minimum include the following: (A) A description of best practices by States and employers in the administration, promotion, and use of short-time compensation programs (as defined in section 3306(v) of the Internal Revenue Code of 1986). (B) An analysis of the significant challenges to State enactment and implementation of short-time compensation programs. (C) A survey of employers in States that have not enacted a short-time compensation program or entered into an agreement with the Secretary on a short-time compensation plan to determine the level of interest among such employers in participating in short-time compensation programs. (b) Funding There are appropriated, out of any moneys in the Treasury not otherwise appropriated, to the Secretary of Labor, $1,500,000 to carry out this section, to remain available without fiscal year limitation. B Long-Term unemployed hiring preferences 1551. Long-term unemployed workers work opportunity tax credits (a) In general Paragraph (3) of section 51(b) of the Internal Revenue Code is amended by inserting $10,000 per year in the case of any individual who is a qualified long-term unemployed individual by reason of subsection (d)(11), and before $12,000 per year . (b) Long-Term unemployed individuals tax credits Subsection (d) of section 51 of the Internal Revenue Code is amended— (1) in paragraph (1), by striking or at the end of subparagraph (H), by striking the period at the end of subparagraph (I) and inserting , or , and by inserting after subparagraph (I) the following: (J) a qualified long-term unemployed individual. , and (2) by redesignating paragraphs (11) through (14) as paragraphs (12) through (15), respectively, and by inserting after paragraph (10) the following new paragraph: (11) Qualified long-term unemployed individual (A) In general The term qualified long-term unemployed individual means any individual who was not a student for at least 6 months during the 1-year period ending on the hiring date and is certified by the designated local agency as having aggregate periods of unemployment during the 1-year period ending on the hiring date which equal or exceed 6 months. (B) Student For purposes of this subsection, a student is an individual enrolled at least half-time in a program that leads to a degree, certificate, or other recognized educational credential for at least 6 months whether or not consecutive during the 1-year period ending on the hiring date. . (c) Simplified certification Section 51(d) of the Internal Revenue Code, as amended by subsection (b), is amended by adding at the end the following new paragraph: (16) Credit allowed for qualified long-term unemployed individuals (A) In general Any qualified long-term unemployed individual under paragraph (11) will be treated as certified by the designated local agency as having aggregate periods of unemployment if the individual is certified by the designated local agency as being in receipt of unemployment compensation under State or Federal law for not less than 6 months during the 1-year period ending on the hiring date. (B) Regulatory authority The Secretary in his discretion may provide alternative methods for certification. . (d) Credit made available to tax-Exempt employers in certain circumstances Section 3111(e) of the Internal Revenue Code is amended— (1) in the heading for the subsection is amended by inserting and qualified long-Term unemployed individuals after qualified veterans , (2) in paragraph (1) by inserting or qualified long-term unemployed individual after qualified veteran , (3) in paragraph (2) by inserting and qualified long-term unemployed individuals after qualified veterans , (4) in paragraph (3)(C) by inserting and qualified long-term unemployed individual, as the case may be, after qualified veteran , (5) in paragraph (4) by inserting or qualified long-term unemployed individual after qualified veteran both places it appears, and (6) in paragraph (5) by striking and at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting , and , and by adding at the end the following: (C) the term qualified long-term unemployed individual has meaning given such term by section 51(d)(11). . (e) Effective date The amendments made by this section shall apply to individuals who begin work for the employer after the date of the enactment of this Act. C Pathways Back to Work 1561. Short title This subtitle may be cited as the Pathways Back to Work Act of 2014 . 1562. Authorization of appropriations There is authorized to be appropriated to the Secretary of Labor $5,000,000,000 to carry out this subtitle. 1563. Availability of funds (a) In general Of the amounts available under section 1562(b), the Secretary of Labor shall— (1) allot $2,000,000,000 in accordance with section 1564 to provide subsidized employment to unemployed, low-income adults; (2) allot $1,500,000,000 in accordance with section 1565 to provide summer and year-round employment opportunities to low-income youth; and (3) award $1,500,000,000 in competitive grants in accordance with section 1566 to local entities to carry out work-based training and other work-related and educational strategies and activities of demonstrated effectiveness to unemployed, low-income adults and low-income youth to provide the skills and assistance needed to obtain employment. (b) Reservation The Secretary of Labor may reserve not more than 1 percent of amounts available under each of paragraphs (1) through (3) of subsection (a) for the costs of technical assistance, evaluations and Federal administration of this Act. (c) Period of availability The amounts appropriated under this Act shall be available for obligation by the Secretary of Labor until December 31, 2014, and shall be available for expenditure by grantees and subgrantees until September 30, 2015. 1564. Subsidized employment for unemployed, low-income adults (a) In general (1) Allotments From the funds available under section 1563(a)(1), the Secretary of Labor shall make an allotment under subsection (b) to each State that has a State plan approved under subsection (c) and to each outlying area and Native American grantee under section 166 of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of the Workforce Innovation and Opportunity Act) that meets the requirements of this section, for the purpose of providing subsidized employment opportunities to unemployed, low-income adults. (2) Guidance Not later than 30 days after the date of enactment of this Act, the Secretary of Labor, in coordination with the Secretary of Health and Human Services, shall issue guidance regarding the implementation of this section. Such guidance shall, consistent with this section, include procedures for the submission and approval of State and local plans and the allotment and allocation of funds, including reallotment and reallocation of such funds, that promote the expeditious and effective implementation of the activities authorized under this section. (b) State allotments (1) Reservations for outlying areas and tribes Of the funds described subsection (a)(1), the Secretary shall reserve— (A) not more than one-quarter of 1 percent to provide assistance to outlying areas to provide subsidized employment to low-income adults who are unemployed; and (B) 1.5 percent to provide assistance to grantees of the Native American programs under section 166 of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of the Workforce Innovation and Opportunity Act) to provide subsidized employment to low-income adults who are unemployed. (2) States After determining the amounts to be reserved under paragraph (1), the Secretary of Labor shall allot the remainder of the amounts described in subsection (a)(1) among the States as follows— (A) one-third shall be allotted on the basis of the relative number of unemployed individuals in areas of substantial unemployment in each State, compared to the total number of unemployed individuals in areas of substantial unemployment in all States; (B) one-third shall be allotted on the basis of the relative excess number of unemployed individuals in each State, compared to the total excess number of unemployed individuals in all States; and (C) one-third shall be allotted on the basis of the relative number of disadvantaged adults and youth in each State, compared to the total number of disadvantaged adults and youth in all States. (3) Definitions For purposes of the formula described in paragraph (2)— (A) Area of substantial unemployment The term area of substantial unemployment means any contiguous area with a population of at least 10,000 and that has an average rate of unemployment of at least 6.5 percent for the most recent 12 months, as determined by the Secretary. (B) Disadvantaged adults and youth The term disadvantaged adults and youth means an individual who is age 16 and older (subject to section 132(b)(1)(B)(v)(I) of the Workforce Investment Act of 1998) who received an income, or is a member of a family that received a total family income, that, in relation to family size, does not exceed the higher of— (i) the poverty line; or (ii) 70 percent of the lower living standard income level. (C) Excess number The term excess number means, used with respect to the excess number of unemployed individuals within a State, the higher of— (i) the number that represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in the State; or (ii) the number that represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in areas of substantial unemployment in such State. (4) Reallotment If the Governor of a State does not submit a State plan by the time specified in subsection (c), or a State does not receive approval of a State plan, the amount the State would have been eligible to receive pursuant to the formula under paragraph (2) shall be added to the amounts available for the competitive grants under section 1563(a)(3). (c) State plan (1) In general For a State to be eligible to receive an allotment of the funds under subsection (b), the Governor of the State shall submit to the Secretary of Labor a State plan in such form and containing such information as the Secretary may require. At a minimum, such plan shall include— (A) a description of the strategies and activities to be carried out by the State, in coordination with employers in the State, to provide subsidized employment opportunities to unemployed, low-income adults, including strategies relating to the level and duration of subsidies consistent with subsection (e)(2); (B) a description of the requirements the State will apply relating to the eligibility of unemployed, low-income adults, consistent with section 1568(6), for subsidized employment opportunities, which may include criteria to target assistance to particular categories of such adults, such as individuals with disabilities or individuals who have exhausted all rights to unemployment compensation; (C) a description of how the funds allotted to provide subsidized employment opportunities will be administered in the State and local areas, in accordance with subsection (d); (D) a description of the performance outcomes to be achieved by the State through the activities carried out under this section and the processes the State will use to track performance, consistent with guidance provided by the Secretary of Labor regarding such outcomes and processes and with section 1567(b); (E) a description of the coordination of activities to be carried out with the funds provided under this section with activities under title I of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of the Workforce Innovation and Opportunity Act), the TANF program under part A of title IV of the Social Security Act, and other appropriate Federal and State programs that may assist unemployed, low-income adults in obtaining and retaining employment; (F) a description of the timelines for implementation of the activities described in subparagraph (A), and the number of unemployed, low-income adults expected to be placed in subsidized employment by quarter; (G) assurances that the State will report such information as the Secretary of Labor may require relating to fiscal, performance and other matters that the Secretary determines is necessary to effectively monitor the activities carried out under this section; and (H) assurances that the State will ensure compliance with the labor standards and protections described in section 1567(a) of this Act. (2) Submission and approval of state plan (A) Submission with other plans The State plan described in this subsection may be submitted in conjunction with the State plan modification or request for funds required under section 1565, and may be submitted as a modification to a State plan that has been approved under section 112 of the Workforce Investment Act of 1998. (B) Submission and approval (i) Submission The Governor shall submit a plan to the Secretary of Labor not later than 75 days after the enactment of this Act and the Secretary of Labor shall make a determination regarding the approval or disapproval of such plans not later than 45 days after the submission of such plan. If the plan is disapproved, the Secretary of Labor may provide a reasonable period of time in which a disapproved plan may be amended and resubmitted for approval. (ii) Approval The Secretary of Labor shall approve a State plan that the Secretary determines is consistent with requirements of this section and reasonably appropriate and adequate to carry out the purposes of this section. If the plan is approved, the Secretary shall allot funds to States within 30 days after such approval. (3) Modifications to state plan The Governor may submit a modification to a State plan under this subsection consistent with the requirements of this section. (d) Administration within the state (1) Option The State may administer the funds for activities under this section through— (A) the State and local entities responsible for the administration of the adult formula program under subtitle B of title I of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of the Workforce Innovation and Opportunity Act); (B) the entities responsible for the administration of the TANF program under part A of title IV of the Social Security Act; or (C) a combination of the entities described in subparagraphs (A) and (B). (2) Within-state allocations (A) Allocation of funds The Governor may reserve up to 5 percent of the allotment under subsection (b)(2) for administration and technical assistance, and shall allocate the remainder, in accordance with the option elected under paragraph (1)— (i) among local workforce investment areas within the State in accordance with the factors identified in subsection (b)(2), except that for purposes of such allocation references to a State in such paragraph shall be deemed to be references to a local workforce investment area and references to all States shall be deemed to be references to all local areas in the State involved, of which not more than 10 percent of the funds allocated to a local workforce investment area may be used for the costs of administration of this section; or (ii) through entities responsible for the administration of the TANF program under part A of title IV of the Social Security Act in local areas in such manner as the State may determine appropriate. (B) Local plans (i) In general In the case where the responsibility for the administration of activities is to be carried out by the entities described under paragraph (1)(A), in order to receive an allocation under subparagraph (A)(i), a local workforce investment board, in partnership with the chief elected official of the local workforce investment area involved, shall submit to the Governor a local plan for the use of such funds under this section not later than 30 days after the submission of the State plan. Such local plan may be submitted as a modification to a local plan approved under section 118 of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of the Workforce Innovation and Opportunity Act). (ii) Contents The local plan described in clause (i) shall contain the elements described in subparagraphs (A)–(H) of subsection (c)(1), as applied to the local workforce investment area. (iii) Approval The Governor shall approve or disapprove the local plan submitted under clause (i) within 30 days after submission, or if later, 30 days after the approval of the State plan. The Governor shall approve the plan unless the Governor determines that the plan is inconsistent with requirements of this section or is not reasonably appropriate and adequate to carry out the purposes of this section. If the Governor has not made a determination within the period specified under the first sentence of this clause, the plan shall be considered approved. If the plan is disapproved, the Governor may provide a reasonable period of time in which a disapproved plan may be amended and resubmitted for approval. The Governor shall allocate funds to local workforce investment areas with approved plans within 30 days after such approval. (C) Reallocation of funds to local areas If a local workforce investment board does not submit a local plan by the time specified in subparagraph (B) or the Governor does not approve a local plan, the amount the local workforce investment area would have been eligible to receive pursuant to the formula under subparagraph (A)(i) shall be allocated to local workforce investment areas that receive approval of the local plan under subparagraph (B). Such reallocations shall be made in accordance with the relative share of the allocations to such local workforce investment areas applying the formula factors described under subparagraph (A)(i). (e) Use of funds (1) In general The funds under this section shall be used to provide subsidized employment for unemployed, low-income adults. The State and local entities described in subsection (d)(1) may use a variety of strategies in recruiting employers and identifying appropriate employment opportunities, with a priority to be provided to employment opportunities likely to lead to unsubsidized employment in emerging or in-demand occupations in the local area. Funds under this section may be used to provide support services, such as transportation and child care, that are necessary to enable the participation of individuals in subsidized employment opportunities. (2) Level of subsidy and duration The States or local entities described in subsection (d)(1) may determine the percentage of the wages and costs of employing a participant for which an employer may receive a subsidy with the funds provided under this section, and the duration of such subsidy, in accordance with guidance issued by the Secretary. The State or local entities may establish criteria for determining such percentage or duration using appropriate factors such as the size of the employer and types of employment. (f) Coordination of Federal administration The Secretary of Labor shall administer this section in coordination with the Secretary of Health and Human Services to ensure the effective implementation of this section. 1565. Summer employment and year-round employment opportunities for low-income youth (a) In general From the funds available under section 1563(a)(2), the Secretary of Labor shall make an allotment under subsection (c) to each State that has a State plan modification (or other form of request for funds specified in guidance under subsection (b)) approved under subsection (d) and to each outlying area and Native American grantee under section 166 of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of the Workforce Innovation and Opportunity Act) that meets the requirements of this section, for the purpose of providing summer employment and year-round employment opportunities to low-income youth. (b) Guidance and application of requirements (1) Guidance Not later than 20 days after the date of enactment of this Act, the Secretary of Labor shall issue guidance regarding the implementation of this section. Such guidance shall, consistent with this section, include procedures for the submission and approval of State plan modifications, or for forms of requests for funds by the State as may be identified in such guidance, local plan modifications, or other forms of requests for funds from local workforce investment areas as may be identified in such guidance, and the allotment and allocation of funds, including reallotment and reallocation of such funds, that promote the expeditious and effective implementation of the activities authorized under this section. (2) Requirements Except as otherwise provided in the guidance described in paragraph (1) and in this section and other provisions of this Act, the funds provided for activities under this section shall be administered in accordance with subtitles B and E of title I of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of the Workforce Innovation and Opportunity Act) relating to youth activities. (c) State allotments (1) Reservations for outlying areas and tribes Of the funds described subsection (a), the Secretary shall reserve— (A) not more than one-quarter of 1 percent to provide assistance to outlying areas to provide summer and year-round employment opportunities to low-income youth; and (B) 1.5 percent to provide assistance to grantees of the Native American programs under section 166 of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of the Workforce Innovation and Opportunity Act) to provide summer and year-round employment opportunities to low-income youth. (2) States After determining the amounts to be reserved under paragraph (1), the Secretary of Labor shall allot the remainder of the amounts described in subsection (a) among the States in accordance with the factors described in section 1564(b)(2) of this Act. (3) Reallotment If the Governor of a State does not submit a State plan modification or other request for funds specified in guidance under subsection (b) by the time specified in subsection (d)(2)(B), or a State does not receive approval of such State plan modification or request, the amount the State would have been eligible to receive pursuant to the formula under paragraph (2) shall be added to the amounts available for the competitive grants under section 1563(a)(3). (d) State plan modification (1) In general For a State to be eligible to receive an allotment of the funds under subsection (c), the Governor of the State shall submit to the Secretary of Labor a modification to a State plan approved under section 112 of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of the Workforce Innovation and Opportunity Act), or other request for funds described in guidance in subsection (b), in such form and containing such information as the Secretary may require. At a minimum, such plan modification or request shall include— (A) a description of the strategies and activities to be carried out to provide summer employment opportunities and year-round employment opportunities, including the linkages to educational activities, consistent with subsection (f); (B) a description of the requirements the States will apply relating to the eligibility of low-income youth, consistent with section 1568(4), for summer employment opportunities and year-round employment opportunities, which may include criteria to target assistance to particular categories of such low-income youth, such as youth with disabilities, consistent with subsection (f); (C) a description of the performance outcomes to be achieved by the State through the activities carried out under this section and the processes the State will use to track performance, consistent with guidance provided by the Secretary of Labor regarding such outcomes and processes and with section 1567(b); (D) a description of the timelines for implementation of the activities described in subparagraph (A), and the number of low-income youth expected to be placed in summer employment opportunities, and year-round employment opportunities, respectively, by quarter; (E) assurances that the State will report such information as the Secretary may require relating to fiscal, performance and other matters that the Secretary determines is necessary to effectively monitor the activities carried out under this section; and (F) assurances that the State will ensure compliance with the labor standards protections described in section 1567(a). (2) Submission and approval of state plan modification or request (A) Submission The Governor shall submit a modification of the State plan or other request for funds described in guidance in subsection (b) to the Secretary of Labor not later than 30 days after the issuance of such guidance. The State plan modification or request for funds required under this subsection may be submitted in conjunction with the State plan required under section 1564. (B) Approval The Secretary of Labor shall approve the plan or request submitted under subparagraph (A) within 30 days after submission, unless the Secretary determines that the plan or request is inconsistent with the requirements of this section. If the Secretary has not made a determination within 30 days, the plan or request shall be considered approved. If the plan or request is disapproved, the Secretary may provide a reasonable period of time in which a disapproved plan or request may be amended and resubmitted for approval. If the plan or request is approved, the Secretary shall allot funds to States within 30 days after such approval. (3) Modifications to state plan or request The Governor may submit further modifications to a State plan or request for funds identified under subsection (b) to carry out this section in accordance with the requirements of this section. (e) Within-State allocation and administration (1) In general Of the funds allotted to the State under subsection (c), the Governor— (A) may reserve up to 5 percent of the allotment for administration and technical assistance; and (B) shall allocate the remainder of the allotment among local workforce investment areas within the State in accordance with the factors identified in section 1564(b)(2), except that for purposes of such allocation references to a State in such paragraph shall be deemed to be references to a local workforce investment area and references to all States shall be deemed to be references to all local areas in the State involved. Not more than 10 percent of the funds allocated to a local workforce investment area may be used for the costs of administration of this section. (2) Local plan (A) Submission In order to receive an allocation under paragraph (1)(B), the local workforce investment board, in partnership with the chief elected official for the local workforce investment area involved, shall submit to the Governor a modification to a local plan approved under section 118 of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of the Workforce Innovation and Opportunity Act), or other form of request for funds as may be identified in the guidance issued under subsection (b), not later than 30 days after the submission by the State of the modification to the State plan or other request for funds identified in subsection (b), describing the strategies and activities to be carried out under this section. (B) Approval The Governor shall approve the local plan submitted under subparagraph (A) within 30 days after submission, unless the Governor determines that the plan is inconsistent with requirements of this section. If the Governor has not made a determination within 30 days, the plan shall be considered approved. If the plan is disapproved, the Governor may provide a reasonable period of time in which a disapproved plan may be amended and resubmitted for approval. The Governor shall allocate funds to local workforce investment areas with approved plans within 30 days after approval. (3) Reallocation If a local workforce investment board does not submit a local plan modification (or other request for funds identified in guidance under subsection (b)) by the time specified in paragraph (2), or does not receive approval of a local plan, the amount the local workforce investment area would have been eligible to receive pursuant to the formula under paragraph (1)(B) shall be allocated to local workforce investment areas that receive approval of the local plan modification or request for funds under paragraph (2). Such reallocations shall be made in accordance with the relative share of the allocations to such local workforce investment areas applying the formula factors described under paragraph (1)(B). (f) Use of funds (1) In general The funds provided under this section shall be used— (A) to provide summer employment opportunities for low-income youth, ages 16 through 24, with direct linkages to academic and occupational learning, and may include the provision of supportive services, such as transportation or child care, necessary to enable such youth to participate; and (B) to provide year-round employment opportunities, which may be combined with other activities authorized under section 129 of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of the Workforce Innovation and Opportunity Act), to low-income youth, ages 16 through 24, with a priority to out-of school youth who are— (i) high school dropouts; or (ii) recipients of a secondary school diploma or its equivalent but who are basic skills deficient unemployed or underemployed. (2) Program priorities In administering the funds under this section, the local board and local chief elected officials shall give a priority to— (A) identifying employment opportunities that are— (i) in emerging or in-demand occupations in the local workforce investment area; or (ii) in the public or nonprofit sector that meet community needs; and (B) linking year-round program participants to training and educational activities that will provide such participants an industry-recognized certificate or credential. (3) Performance accountability For activities funded under this section, in lieu of the requirements described in section 136 of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of the Workforce Innovation and Opportunity Act), State and local workforce investment areas shall provide such reports as the Secretary of Labor may require regarding the performance outcomes described in section 1567(a)(5). 1566. Work-based employment strategies of demonstrated effectiveness (a) In general From the funds available under section 1563(a)(3), the Secretary of Labor shall award grants on a competitive basis to eligible entities to carry out work-based strategies of demonstrated effectiveness. (b) Use of funds The grants awarded under this section shall be used to support strategies and activities of demonstrated effectiveness that are designed to provide unemployed, low-income adults or low-income youth with the skills that will lead to employment as part of or upon completion of participation in such activities. Such strategies and activities may include— (1) on-the-job training, registered apprenticeship programs, or other programs that combine work with skills development; (2) sector-based training programs that have been designed to meet the specific requirements of an employer or group of employers in that sector and where employers are committed to hiring individuals upon successful completion of the training; (3) training that supports an industry sector or an employer-based or labor-management committee industry partnership which includes a significant work-experience component; (4) acquisition of industry-recognized credentials in a field identified by the State or local workforce investment area as a growth sector or demand industry in which there are likely to be significant job opportunities in the short term; (5) connections to immediate work opportunities, including subsidized employment opportunities, or summer employment opportunities for youth, that includes concurrent skills training and other supports; (6) career academies that provide students with the academic preparation and training, including paid internships and concurrent enrollment in community colleges or other postsecondary institutions, needed to pursue a career pathway that leads to postsecondary credentials and high-demand jobs; and (7) adult basic education and integrated basic education and training models for low-skilled adults, hosted at community colleges or at other sites, to prepare individuals for jobs that are in demand in a local area. (c) Eligible entity An eligible entity shall include a local chief elected official, in collaboration with the local workforce investment board for the local workforce investment area involved (which may include a partnership with of such officials and boards in the region and in the State), or an entity eligible to apply for an Indian and Native American grant under section 166 of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of the Workforce Innovation and Opportunity Act), and may include, in partnership with such officials, boards, and entities, the following— (1) employers or employer associations; (2) adult education providers and postsecondary educational institutions, including community colleges; (3) community-based organizations; (4) joint labor-management committees; (5) work-related intermediaries; or (6) other appropriate organizations. (d) Application An eligible entity seeking to receive a grant under this section shall submit to the Secretary of Labor an application at such time, in such manner, and containing such information as the Secretary may require. At a minimum, the application shall— (1) describe the strategies and activities of demonstrated effectiveness that the eligible entities will carry out to provide unemployed, low-income adults and low-income youth with the skills that will lead to employment upon completion of participation in such activities; (2) describe the requirements that will apply relating to the eligibility of unemployed, low-income adults or low-income youth, consistent with paragraphs (4) and (6) of section 1568, for activities carried out under this section, which may include criteria to target assistance to particular categories of such adults and youth, such as individuals with disabilities or individuals who have exhausted all rights to unemployment compensation; (3) describe how the strategies and activities address the needs of the target populations identified in paragraph (2) and the needs of employers in the local area; (4) describe the expected outcomes to be achieved by implementing the strategies and activities; (5) provide evidence that the funds provided may be expended expeditiously and efficiently to implement the strategies and activities; (6) describe how the strategies and activities will be coordinated with other Federal, State and local programs providing employment, education and supportive activities; (7) provide evidence of employer commitment to participate in the activities funded under this section, including identification of anticipated occupational and skill needs; (8) provide assurances that the grant recipient will report such information as the Secretary may require relating to fiscal, performance and other matters that the Secretary determines is necessary to effectively monitor the activities carried out under this section; and (9) provide assurances that the use of the funds provided under this section will comply with the labor standards and protections described section 1567(a). (e) Priority in awards In awarding grants under this section, the Secretary of Labor shall give a priority to applications submitted by eligible entities from areas of high poverty and high unemployment, as defined by the Secretary, such as Public Use Microdata Areas (PUMAs) as designated by the Census Bureau. (f) Coordination of Federal administration The Secretary of Labor shall administer this section in coordination with the Secretary of Education, Secretary of Health and Human Services, and other appropriate agency heads, to ensure the effective implementation of this section. 1567. General requirements (a) Labor standards and protections Activities provided with funds under this Act shall be subject to the requirements and restrictions, including the labor standards, described in section 181 of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of the Workforce Innovation and Opportunity Act) and the nondiscrimination provisions of section 188 of such Act, in addition to other applicable Federal laws. (b) Reporting The Secretary may require the reporting of information relating to fiscal, performance and other matters that the Secretary determines is necessary to effectively monitor the activities carried out with funds provided under this Act. At a minimum, grantees and subgrantees shall provide information relating to— (1) the number individuals participating in activities with funds provided under this Act and the number of such individuals who have completed such participation; (2) the expenditures of funds provided under the Act; (3) the number of jobs created pursuant to the activities carried out under this Act; (4) the demographic characteristics of individuals participating in activities under this Act; and (5) the performance outcomes of individuals participating in activities under this Act, including— (A) for adults participating in activities funded under section 1564 of this Act— (i) entry in unsubsidized employment, (ii) retention in unsubsidized employment, and (iii) earnings in unsubsidized employment; (B) for low-income youth participating in summer employment activities under sections 1565 and 1566— (i) work readiness skill attainment using an employer validated checklist; and (ii) placement in or return to secondary or postsecondary education or training, or entry into unsubsidized employment; (C) for low-income youth participating in year-round employment activities under section 1565 or in activities under section 1566— (i) placement in or return to post-secondary education; (ii) attainment of high school diploma or its equivalent; (iii) attainment of an industry-recognized credential; and (iv) entry into unsubsidized employment, retention, and earnings as described in subparagraph (A); and (D) for unemployed, low-income adults participating in activities under section 1566— (i) entry into unsubsidized employment, retention, and earnings as described in subparagraph (A); and (ii) the attainment of industry-recognized credentials. (c) Activities required To be additional Funds provided under this Act shall only be used for activities that are in addition to activities that would otherwise be available in the State or local area in the absence of such funds. (d) Additional requirements The Secretary of Labor may establish such additional requirements as the Secretary determines may be necessary to ensure fiscal integrity, effective monitoring, and the appropriate and prompt implementation of the activities under this Act. (e) Report of information and evaluations to congress and the public The Secretary of Labor shall provide to the appropriate Committees of the Congress and make available to the public the information reported pursuant to subsection (b) and the evaluations of activities carried out pursuant to the funds reserved under section 1563(b). 1568. Definitions In this subtitle: (1) Local chief elected official The term local chief elected official means the chief elected executive officer of a unit of local government in a local workforce investment area or in the case where more than one unit of general government, the individuals designated under an agreement described in section 117(c)(1)(B) of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of the Workforce Innovation and Opportunity Act). (2) Local workforce investment area The term local workforce investment area means such area designated under section 116 of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of the Workforce Innovation and Opportunity Act). (3) Local workforce investment board The term local workforce investment board means such board established under section 117 of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of the Workforce Innovation and Opportunity Act). (4) Low-income youth The term low-income youth means an individual who— (A) is aged 16 through 24; (B) meets the definition of a low-income individual provided in section 101(25) of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of the Workforce Innovation and Opportunity Act), except that States, local workforce investment areas under section 1565 and eligible entities under section 1566(c), subject to approval in the applicable State plans, local plans, and applications for funds, may increase the income level specified in subparagraph (B)(i) of such section to an amount not in excess of 200 percent of the poverty line for purposes of determining eligibility for participation in activities under sections 1565 and 1566 of this Act; and (C) is in one or more of the categories specified in section 101(13)(C) of the Workforce Investment Act of 1998, as in effect on the day before the date of enactment of the Workforce Innovation and Opportunity Act. (5) Outlying area The term outlying area means the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Republic of Palau. (6) Unemployed, low-income adult The term unemployed, low-income adult means an individual who— (A) is age 18 or older; (B) is without employment and is seeking assistance under this subtitle to obtain employment; and (C) meets the definition of a low-income individual under section 101(25) of the Workforce Investment Act of 1998 (as in effect on the day before the date of enactment of the Workforce Innovation and Opportunity Act), except that for that States, local entities described in section 1564(d)(1) and eligible entities under section 1566(c), subject to approval in the applicable State plans, local plans, and applications for funds, may increase the income level specified in subparagraph (B)(i) of such section to an amount not in excess of 200 percent of the poverty line for purposes of determining eligibility for participation in activities under sections 1564 and 1566 of this Act. (7) State The term State means each of the several States of the United States, the District of Columbia, and Puerto Rico. D Prohibition of discrimination in employment on the basis of an individual’s status as unemployed 1571. Short title This subtitle may be cited as the Fair Employment Opportunity Act of 2014 . 1572. Findings and purpose (a) Findings Congress finds that denial of employment opportunities to individuals because of their status as unemployed is discriminatory and burdens commerce by— (1) reducing personal consumption and undermining economic stability and growth; (2) squandering human capital essential to the Nation’s economic vibrancy and growth; (3) increasing demands for Federal and State unemployment insurance benefits, reducing trust fund assets, and leading to higher payroll taxes for employers, cuts in benefits for jobless workers, or both; (4) imposing additional burdens on publicly funded health and welfare programs; and (5) depressing income, property, and other tax revenues that the Federal Government, States, and localities rely on to support operations and institutions essential to commerce. (b) Purposes The purposes of this subtitle are— (1) to prohibit employers and employment agencies from disqualifying an individual from employment opportunities because of that individual’s status as unemployed; (2) to prohibit employers and employment agencies from publishing or posting any advertisement or announcement for an employment opportunity that indicates that an individual’s status as unemployed disqualifies that individual for the opportunity; and (3) to eliminate the burdens imposed on commerce due to the exclusion of such individuals from employment. 1573. Definitions As used in this subtitle— (1) the term affected individual means any person who was subject to an unlawful employment practice solely because of that individual’s status as unemployed; (2) the term Commission means the Equal Employment Opportunity Commission; (3) the term employee means— (A) an employee as defined in section 701(f) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e(f) ); (B) a State employee to which section 302(a)(1) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16b(a)(1)) applies; (C) a covered employee, as defined in section 101 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 ) or section 411(c) of title 3, United States Code; or (D) an employee or applicant to which section 717(a) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–16(a) ) applies; (4) the term employer means— (A) a person engaged in an industry affecting commerce (as defined in section 701(h) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e(h) ) who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such a person, but does not include a bona fide private membership club that is exempt from taxation under section 501(c) of the Internal Revenue Code of 1986; (B) an employing authority to which section 302(a)(1) of the Government Employee Rights Act of 1991 applies; (C) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995 or section 411(c) of title 3, United States Code; or (D) an entity to which section 717(a) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–16(a) ) applies; (5) the term employment agency means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for individuals opportunities to work as employees for an employer and includes an agent of such a person, and any person who maintains an Internet website or print medium that publishes advertisements or announcements of openings in jobs for employees; (6) the term person has the meaning given the term in section 701(a) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e(a) ); and (7) the term status as unemployed , used with respect to an individual, means that the individual, at the time of application for employment or at the time of action alleged to violate this subtitle, does not have a job, is available for work and is searching for work. 1574. Prohibited acts (a) Employers It shall be an unlawful employment practice for an employer to— (1) publish in print, on the Internet, or in any other medium, an advertisement or announcement for an employee for any job that includes— (A) any provision stating or indicating that an individual’s status as unemployed disqualifies the individual for any employment opportunity; or (B) any provision stating or indicating that an employer will not consider or hire an individual for any employment opportunity based on that individual’s status as unemployed; (2) fail or refuse to consider for employment, or fail or refuse to hire, an individual as an employee because of the individual’s status as unemployed; or (3) direct or request that an employment agency take an individual’s status as unemployed into account to disqualify an applicant for consideration, screening, or referral for employment as an employee. (b) Employment agencies It shall be an unlawful employment practice for an employment agency to— (1) publish, in print or on the Internet or in any other medium, an advertisement or announcement for any vacancy in a job, as an employee, that includes— (A) any provision stating or indicating that an individual’s status as unemployed disqualifies the individual for any employment opportunity; or (B) any provision stating or indicating that the employment agency or an employer will not consider or hire an individual for any employment opportunity based on that individual’s status as unemployed; (2) screen, fail or refuse to consider, or fail or refuse to refer an individual for employment as an employee because of the individual’s status as unemployed; or (3) limit, segregate, or classify any individual in any manner that would limit or tend to limit the individual’s access to information about jobs, or consideration, screening, or referral for jobs, as employees, solely because of an individual’s status as unemployed. (c) Interference with rights, proceedings or inquiries It shall be unlawful for any employer or employment agency to— (1) interfere with, restrain, or deny the exercise of or the attempt to exercise, any right provided under this subtitle; or (2) fail or refuse to hire, to discharge, or in any other manner to discriminate against any individual, as an employee, because such individual— (A) opposed any practice made unlawful by this subtitle; (B) has asserted any right, filed any charge, or has instituted or caused to be instituted any proceeding, under or related to this subtitle; (C) has given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this subtitle; or (D) has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this subtitle. (d) Construction Nothing in this subtitle is intended to preclude an employer or employment agency from considering an individual’s employment history, or from examining the reasons underlying an individual’s status as unemployed, in assessing an individual’s ability to perform a job or in otherwise making employment decisions about that individual. Such consideration or examination may include an assessment of whether an individual’s employment in a similar or related job for a period of time reasonably proximate to the consideration of such individual for employment is job-related or consistent with business necessity. 1575. Enforcement (a) Enforcement powers With respect to the administration and enforcement of this subtitle— (1) the Commission shall have the same powers as the Commission has to administer and enforce— (A) title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ); or (B) sections 302 and 304 of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16b and 2000e–16c), in the case of an affected individual who would be covered by such title, or by section 302(a)(1) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16b(a)(1)), respectively; (2) the Librarian of Congress shall have the same powers as the Librarian of Congress has to administer and enforce title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ) in the case of an affected individual who would be covered by such title; (3) the Board (as defined in section 101 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 )) shall have the same powers as the Board has to administer and enforce the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 et seq. ) in the case of an affected individual who would be covered by section 201(a)(1) of such Act ( 2 U.S.C. 1311(a)(1) ); (4) the Attorney General shall have the same powers as the Attorney General has to administer and enforce— (A) title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ); or (B) sections 302 and 304 of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16b and 2000e–16c); in the case of an affected individual who would be covered by such title, or of section 302(a)(1) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16b(a)(1)), respectively; (5) the President, the Commission, and the Merit Systems Protection Board shall have the same powers as the President, the Commission, and the Board, respectively, have to administer and enforce chapter 5 of title 3, United States Code, in the case of an affected individual who would be covered by section 411 of such title; and (6) a court of the United States shall have the same jurisdiction and powers as the court has to enforce— (A) title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ) in the case of a claim alleged by such individual for a violation of such title; (B) sections 302 and 304 of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16b and 2000e–16c) in the case of a claim alleged by such individual for a violation of section 302(a)(1) of such Act (42 U.S.C. 2000e–16b(a)(1)); (C) the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 et seq. ) in the case of a claim alleged by such individual for a violation of section 201(a)(1) of such Act ( 2 U.S.C. 1311(a)(1) ); and (D) chapter 5 of title 3, United States Code, in the case of a claim alleged by such individual for a violation of section 411 of such title. (b) Procedures The procedures applicable to a claim alleged by an individual for a violation of this subtitle are— (1) the procedures applicable for a violation of title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ) in the case of a claim alleged by such individual for a violation of such title; (2) the procedures applicable for a violation of section 302(a)(1) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16b(a)(1)) in the case of a claim alleged by such individual for a violation of such section; (3) the procedures applicable for a violation of section 201(a)(1) of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1311(a)(1) ) in the case of a claim alleged by such individual for a violation of such section; and (4) the procedures applicable for a violation of section 411 of title 3, United States Code, in the case of a claim alleged by such individual for a violation of such section. (c) Remedies (1) In any claim alleging a violation of section 1574(a)(1) or 1574(b)(1) of this subtitle, an individual, or any person acting on behalf of the individual as set forth in section 1575(a) of this subtitle, may be awarded, as appropriate: (A) An order enjoining the respondent from engaging in the unlawful employment practice. (B) Reimbursement of costs expended as a result of the unlawful employment practice. (C) An amount in liquidated damages not to exceed $1,000 for each day of the violation. (D) Reasonable attorney’s fees (including expert fees) and costs attributable to the pursuit of a claim under this subtitle, except that no person identified in section 733(a) of this subtitle shall be eligible to receive attorney’s fees. (2) In any claim alleging a violation of any other subsection of this subtitle, an individual, or any person acting on behalf of the individual as set forth in section 1575(a) of this subtitle, may be awarded, as appropriate, the remedies available for a violation of title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ), section 302(a)(1) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16b(a)(1)), section 201(a)(1) of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1311(a)(1) ), and section 411 of title 3, United States Code, except that in a case in which wages, salary, employment benefits, or other compensation have not been denied or lost to the individual, damages may be awarded in an amount not to exceed $5,000. 1576. Federal and State immunity (a) Abrogation of State immunity A State shall not be immune under the 11th Amendment to the Constitution from a suit brought in a Federal court of competent jurisdiction for a violation of this subtitle. (b) Waiver of State immunity (1) In general (A) Waiver A State’s receipt or use of Federal financial assistance for any program or activity of a State shall constitute a waiver of sovereign immunity, under the 11th Amendment to the Constitution or otherwise, to a suit brought by an employee or applicant for employment of that program or activity under this subtitle for a remedy authorized under section 1575(c) of this subtitle. (B) Definition In this paragraph, the term program or activity has the meaning given the term in section 606 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d–4a ). (2) Effective date With respect to a particular program or activity, paragraph (1) applies to conduct occurring on or after the day, after the date of enactment of this Act, on which a State first receives or uses Federal financial assistance for that program or activity. (c) Remedies against State officials An official of a State may be sued in the official capacity of the official by any employee or applicant for employment who has complied with the applicable procedures of this subtitle, for relief that is authorized under this subtitle. (d) Remedies against the united states and the states Notwithstanding any other provision of this subtitle, in an action or administrative proceeding against the United States or a State for a violation of this subtitle, remedies (including remedies at law and in equity) are available for the violation to the same extent as such remedies would be available against a non-governmental entity. 1577. Relationship to other laws This subtitle shall not invalidate or limit the rights, remedies, or procedures available to an individual claiming discrimination prohibited under any other Federal law or regulation or any law or regulation of a State or political subdivision of a State. 1578. Severability If any provision of this subtitle, or the application of the provision to any person or circumstance, is held to be invalid, the remainder of this subtitle and the application of the provision to any other person or circumstances shall not be affected by the invalidity. 1579. Effective date This subtitle shall take effect on the date of enactment of this Act and shall not apply to conduct occurring before the effective date. XVI Living American Wage 1601. Findings; sense of Congress (a) Findings Congress finds the following: (1) In 2012, there were over 46,500,000 Americans living in poverty who were separated from the opportunities of the Nation by their income, their housing, and their access to education, jobs, and health care. (2) A full-time worker earning the Federal minimum wage earns an income below the Federal poverty threshold for a family of 4, consisting of 2 adults and 2 children. (3) The average fair market rent for a 1-bedroom apartment is more than 65 percent of the monthly income of a full-time worker earning the minimum wage. In comparison, the generally accepted definition of affordability is for a household to pay not more than 30 percent of its income on housing. (4) Two full-time workers earning the Federal minimum wage earn an income below the national housing wage for a 1-bedroom apartment, the amount a person needs to earn to afford a 1-bedroom apartment at average rent. (b) Sense of Congress It is the sense of Congress that— (1) the Federal minimum wage should, as a minimum, be adjusted every 4 years so that a person working for such a wage may earn an annual income that is not less than 15 percent higher than the Federal poverty threshold for a family of 4, as determined by the Bureau of the Census; (2) the minimum wage should be set at a level high enough to allow 2 full-time minimum wage workers to earn an income above the national housing wage; and (3) Congress, any of the several States, the District of Columbia, any territory or possession of the United States, any Indian tribe, or any local or municipal government of a State may establish a higher minimum wage requirement than that established in this title. 1602. Minimum wage Section 6 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206 ) is amended— (1) in subsection (a)(1)— (A) by striking and at the end of subparagraph (B); (B) by inserting and at the end of subparagraph (C); and (C) by inserting at the end the following: (D) not less than the amount determined by the Secretary under subsection (b), beginning September 1, 2014; ; and (2) by redesignating subsection (b) as subsection (c) and inserting after subsection (a) the following: (b) (1) Subject to paragraph (2), not later than June 1, 2014, and once every 4 years thereafter, the Secretary shall determine the minimum wage rate applicable under subsection (a)(1) based on the formula described in paragraph (3). The Secretary shall publish such wage rate in the Federal Register not later than October 1 of each year. (2) If the minimum wage rate determined by the Secretary under paragraph (1) would result in a lower minimum wage rate than the minimum wage rate in effect at the time of such determination, the Secretary shall not adjust, pursuant to this subsection, the minimum wage rate so in effect. (3) The minimum wage rate determined by the Secretary under paragraph (1) shall be the minimum hourly wage sufficient for a person working for such wage for 40 hours per week, 52 weeks per year, to earn an annual income in an amount that is 15 percent higher than the Federal poverty threshold for a family of 4, with two children under the age of 18, and living in any of the 48 contiguous States, as published by the Bureau of the Census for the year in which the wage rate is being so determined. . XVII Emergency Unemployment Compensation Extension 1701. Extension of Emergency Unemployment Compensation program (a) Extension Section 4007(a)(2) of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note) is amended by striking January 1, 2014 and inserting January 1, 2015 . (b) Funding Section 4004(e)(1) of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note) is amended— (1) in subparagraph (I), by striking and at the end; (2) in subparagraph (J), by inserting and at the end; and (3) by inserting after subparagraph (J) the following: (K) the amendments made by section 2(a) of the Emergency Unemployment Compensation Extension Act ; . (c) Effective date The amendments made by this section shall take effect as if included in the enactment of the American Taxpayer Relief Act of 2012 ( Public Law 112–240 ). 1702. Temporary extension of extended benefit provisions (a) In general Section 2005 of the Assistance for Unemployed Workers and Struggling Families Act, as contained in Public Law 111–5 ( 26 U.S.C. 3304 note), is amended— (1) by striking December 31, 2013 each place it appears and inserting December 31, 2014 ; and (2) in subsection (c), by striking June 30, 2014 and inserting June 30, 2015 . (b) Extension of matching for states with no waiting week Section 5 of the Unemployment Compensation Extension Act of 2008 ( Public Law 110–449 ; 26 U.S.C. 3304 note) is amended by striking June 30, 2014 and inserting June 30, 2015 . (c) Extension of modification of indicators under the extended benefit program Section 203 of the Federal-State Extended Unemployment Compensation Act of 1970 ( 26 U.S.C. 3304 note) is amended— (1) in subsection (d), by striking December 31, 2013 and inserting December 31, 2014 ; and (2) in subsection (f)(2), by striking December 31, 2013 and inserting December 31, 2014 . (d) Effective date The amendments made by this section shall take effect as if included in the enactment of the American Taxpayer Relief Act of 2012 ( Public Law 112–240 ). 1703. Extension of funding for reemployment services and reemployment and eligibility assessment activities (a) In general Section 4004(c)(2)(A) of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note) is amended by striking through fiscal year 2014 and inserting through fiscal year 2015 . (b) Effective date The amendments made by this section shall take effect as if included in the enactment of the American Taxpayer Relief Act of 2012 ( Public Law 112–240 ). 1704. Additional extended unemployment benefits under the Railroad Unemployment Insurance Act (a) Extension Section 2(c)(2)(D)(iii) of the Railroad Unemployment Insurance Act ( 45 U.S.C. 352(c)(2)(D)(iii) ) is amended— (1) by striking June 30, 2013 and inserting June 30, 2014 ; and (2) by striking December 31, 2013 and inserting December 31, 2014 . (b) Clarification on authority To use funds Funds appropriated under either the first or second sentence of clause (iv) of section 2(c)(2)(D) of the Railroad Unemployment Insurance Act shall be available to cover the cost of additional extended unemployment benefits provided under such section 2(c)(2)(D) by reason of the amendments made by subsection (a) as well as to cover the cost of such benefits provided under such section 2(c)(2)(D), as in effect on the day before the date of enactment of this Act. (c) Funding for administration Out of any funds in the Treasury not otherwise appropriated, there are appropriated to the Railroad Retirement Board $62,500 for administrative expenses associated with the payment of additional extended unemployment benefits provided under section 2(c)(2)(D) of the Railroad Unemployment Insurance Act by reason of the amendments made by subsection (a), to remain available until expended. 1705. Flexibility for unemployment program agreements (a) Flexibility (1) In general Subsection (g) of section 4001 of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note) shall not apply with respect to a State that has enacted a law before December 1, 2013, that, upon taking effect, would violate such subsection. (2) Effective date Paragraph (1) is effective with respect to weeks of unemployment beginning on or after December 29, 2013. (b) Permitting a subsequent agreement Nothing in such title IV shall preclude a State whose agreement under such title was terminated from entering into a subsequent agreement under such title on or after the date of the enactment of this Act if the State, taking into account the application of subsection (a), would otherwise meet the requirements for an agreement under such title. E Anti-poverty Tax Provision XVIII Child Tax Credit Permanency 1801. Modifications of the child tax credit (a) Permanent extension (1) In general Clause (i) of section 24(d)(1)(B) of the Internal Revenue Code of 1986 is amended by striking $10,000 and inserting $3,000 . (2) Conforming amendments Section 24(d) of such Code is amended by striking paragraphs (3) and (4). (b) Inflation adjustment Section 24 of such Code is amended by adding at the end the following new subsection: (g) Inflation adjustment In the case of any taxable year beginning in a calendar year after 2013, the $1,000 amount contained 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 in which the taxable year begins, determined by substituting calendar year 2012 for calendar year 1992 in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $50. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2012. XIX Earned Income Tax Credit 1901. Expansion of Earned Income Credit (a) Credit percentages for individuals with no qualifying children The item in the table in section 32(b)(1)(A) of the Internal Revenue Code of 1986 under the column relating to the credit percentage is amended by striking 7.65 and inserting 15.3 . (b) Phaseout percentage for individuals with no qualifying children The item in the table in section 32(b)(1)(A) of the Internal Revenue Code of 1986 under the column relating to the phaseout percentage is amended by striking 7.65 and inserting 15.3 . (c) Phaseout amount (1) In general The item in the table in section 32(b)(2(A) of the Internal Revenue Code of 1986 under the column relating to the phaseout amount is amended by striking $5,280 and inserting $11,500 . (2) Inflation adjustment (A) In general Section 32(j) of the Internal Revenue Code of 1986 is amended by redesignating paragraph (2) as paragraph (3) and by inserting after paragraph (1) the following new paragraph: (2) Exception In the case of the amount in subsection (b)(2)(A) under the column relating to the phaseout amount for taxable years beginning after 2014, paragraph (1)(B)(i) shall be applied by substituting calendar year 2013 for calendar year 1995 and paragraph (1) shall not apply to such amount for taxable years beginning in 2013. . (B) Conforming amendments Section 32(j) of the Internal Revenue Code of 1986 is amended— (i) in paragraph (1)(B)(i) by inserting except as provided in paragraph (2) before in the case of , and (ii) in paragraph (2)(A) by inserting or (2) after paragraph (1) . (d) Expansion of age range of eligible individuals Section 32(c)(1)(A)(ii)(II) of the Internal Revenue Code of 1986 is amended by striking age 25 but not attained age 65 and inserting age 21 but not attained retirement age (as defined in section 216(l) of the Social Security Act) . (e) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. XX Child Care Access and Refundability Expansion Act 2001. Credit for dependent care expenses (a) Credit made refundable (1) In general The Internal Revenue Code of 1986 is amended by redesignating section 21 as section 36C and by moving such section after section 36B. (2) Credit not allowed to nonresident aliens Section 36C(a)(1) of the Internal Revenue Code of 1986, as redesignated by this section, is amended by inserting (other than a nonresident alien) after In the case of an individual . (3) Conforming amendments (A) Section 23(f)(1) of such Code is amended by striking section 21(e) and inserting section 36C(e) . (B) Section 35(g)(6) of such Code is amended by striking section 21(e) and inserting section 36C(e) . (C) Section 36C(a)(1) of such Code, as redesignated by this section, is amended by striking this chapter and inserting this subtitle . (D) Section 129(a)(2)(C) of such Code is amended by striking section 21(e) and inserting section 36C(e) . (E) Section 129(b)(2) of such Code is amended by striking section 21(d)(2) and inserting section 36C(d)(2) . (F) Section 129(e)(1) of such Code is amended by striking section 21(b)(2) and inserting section 36C(b)(2) . (G) Section 213(e) of such Code is amended by striking section 21 and inserting section 36C . (H) Section 6211(b)(4)(A) of such Code is amended by inserting 36C, after 36B, . (I) Section 6213(g)(2)(H) of such Code is amended by striking section 21 and inserting section 36C . (J) Section 6213(g)(2)(L) of such Code is amended by striking section 21, 24, 32, or 6428 and inserting section 24, 32, 36C, or 6428 . (K) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting 36C, after 36B, . (L) The table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 21 . (M) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 36B the following new item: Sec. 36C. Expenses for household and dependent care services necessary for gainful employment. . (b) Inflation adjustment of income thresholds for credit phasedown Section 36C(e) of the Internal Revenue Code of 1986, as redesignated by this section, is amended by adding at the end the following new paragraph: (11) Inflation adjustment (A) In general In the case of any taxable year beginning in a calendar year after 2013, the $2,000 amount and the $15,000 amount in subsection (a)(2) shall each be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2012 for calendar year 1992 in subparagraph (B) thereof. (B) Rounding Any increase determined under subparagraph (A) shall be rounded to the nearest multiple of— (i) in the case of the $2,000 amount, $50, and (ii) in the case of the $15,000 amount, $100. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. F Miscellaneous XXI Poverty Impact Trigger 2101. Certain poverty impact legislation subject to point of order Rule XXI of the Rules of the House of Representatives is amended by adding at the end the following new clause: Certain legislation reported by committees 12. It shall not be in order to consider a bill or joint resolution of a public nature authorizing an appropriation of $10,000,000 or more, unless— (a) the committee report accompanying the bill or joint resolution includes a CBO Poverty Index Division impact statement; or (b) the chair of the committee reporting the bill or joint resolution submits such statement to be published in the Congressional Record before consideration of the bill or joint resolution. . 2102. Congressional Budget Office Poverty Impact Division (a) In General Section 202 of the Congressional Budget Act of 1974 ( 2 U.S.C. 602 ) is amended by adding at the end the following new subsection: (h) CBO Poverty Impact Division (1) Creation There is established within the Office the CBO Poverty Impact Division (hereinafter in this subsection referred to as the Division ). (2) Duties and functions (A) Preparation and submission of impact statement When a chair of a committee of the House of Representatives submits a written request to the Division to prepare and submit to the committee a CBO Poverty Index Division impact statement, the Division shall prepare and submit such statement to the committee not later than 30 days after such request. (B) Content of impact statement A CBO Poverty Index Division impact statement shall include the following: (i) A projected ratio equal to the amount of appropriations authorized in the bill or joint resolution that will benefit individuals and families below the poverty threshold over the total amount of appropriations authorized by the bill or joint resolution. (ii) A projection of the number of individual and family incomes— (I) that may decrease below the poverty threshold because of the bill or joint resolution; and (II) that may increase above the poverty threshold because of the bill or joint resolution. (iii) A projection as to how the legislation improves access to basic human services, including health care, housing, and education. (C) Poverty threshold defined In this subsection, the term poverty threshold means an income level below 200 percent of the poverty line (as defined in section 673(2) of the Community Services Block Grant Act). . 2103. Exercise of rulemaking powers Section 2101 of this title is enacted by the House of Representatives— (1) as an exercise of the rulemaking power of the House of Representatives and as such it shall be considered as part of the rules of the House of Representatives and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and (2) with the full recognition of the constitutional right of the House of Representatives to change such rules at any time, in the same manner, and to the same extent as in the case of any other rule of the House of Representatives. 2104. Effective date The amendments made by this title shall apply to any bill or joint resolution reported by a committee of the House of Representatives after the 90-day period beginning on the date of enactment of this Act. XXII Half in Ten Act to Create a National Strategy to Reduce Poverty 2201. Findings Congress finds the following: (1) The persistence of poverty, and especially intergenerational poverty, in America can be seen as a deep, structural problem that implicates our value system and our educational and economic institutions. (2) Poverty may be defined as the lack of basic necessities of life such as food, shelter, clothing, health care, education, economic security, and economic opportunity. (3) Policy initiatives and many safety net programs addressing poverty have not kept pace with the needs of millions of Americans. (4) The lack of an equitable distribution of housing choices across the country leads to isolation and concentrated poverty. (5) The number of Americans living in poverty rose by over 2.6 million from 2009 to 2010 (U.S. Census Bureau, September 2011). (6) There were 46.2 million Americans living in poverty in 2010, consisting of 15.1 percent of the American people (U.S. Census Bureau, September 2011). (7) Poverty has a disproportionate impact on minority communities in America with 27.4 percent of African-Americans, 26.6 percent of Hispanics, 12.1 percent of Asian Americans, and 9.9 percent of Whites living in poverty in the United States in 2010 (U.S. Census Bureau, September 2011). (8) In 2010 a family of 4 was considered poor under the U.S. Census Bureau’s official measure if the family’s income was below $22,314. (9) The economic consequences of poverty in the United States are estimated to be at least $500 billion per year (Center for American Progress, 2007). (10) Children who grow up in poverty experience higher crime rates, decreased productivity, and higher health costs over their lives (Center for American Progress, 2007). (11) 3,500,000 seniors lived in poverty in 2010 (U.S. Census Bureau, 2011). (12) Young Americans, ages 18–24, experience a higher poverty rate than the national average (U.S. Census Bureau, 2011). (13) 16,400,000 children lived in poverty in 2010—more than one in every five American children (U.S. Census Bureau, 2011). (14) Almost 35 percent of African-American children and over 30 percent of Hispanic children lived in poverty in 2009 (U.S. Census Bureau, 2011). (15) The 46,180,000 of Americans in poverty in 2010 was the largest number yet recorded in the 52 years for which poverty estimates are available (U.S. Census Bureau, 2011). (16) Individuals and families in poverty are more socially vulnerable to natural disasters, extreme weather and impacts of climate change and have greater difficulty preparing for, responding to and recovering from such events (Oxfam America, 2009). (17) Children who live in families who fall into poverty for even short periods of time are at greater risk of a lifetime of lower earnings, lower educational attainment, and increased reliance on public services and increased rates of incarceration (First Focus, 2008). (18) It is estimated that the additional 3 million children who were forced into poverty due to the recession of 2008, resulted in $35 billion in economic losses annually, and will cause at least $1.7 trillion in economic losses to the United States during their lifetimes (First Focus, 2008). (19) Reducing poverty, especially child poverty, not only reduces costs for Federal, State, and local social services and benefits programs, but also increases tax revenue at all levels of government (Children’s Defense Fund, 2009). (20) The House of Representatives, on January 22, 2008, has resolved that it is the sense of Congress that the United States should set a national goal of cutting poverty in half over the next 10 years. 2202. Definitions In this title: (1) Federal agency The term Federal agency means any executive department, Government corporation, Government-controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency. (2) Poverty The term poverty means an income level and living standard associated with and based on the official poverty measure as established and updated by the U.S. Census Bureau which establishes a threshold of minimum income necessary to achieve a standard of living free from deprivation of basic needs. (3) Extreme Poverty The term extreme poverty means having an income level or living standard at a level of extreme deprivation based on living with income below 50 percent of the Federal poverty line as established by the U.S. Census. (4) Near Poverty The term near poverty means having a level of household income below 200 percent of the Federal poverty line. (5) Child Poverty The term child poverty means poverty which impacts those persons under 18 years of age. (6) Deprivation The term deprivation means lacking some or all basic human needs. (7) Decent Living Standard The term decent living standard means the amount of annual income that would allow an individual to live beyond deprivation at a safe and decent, but modest, standard of living. (8) Alternative Poverty Measures The term alternative poverty measures means measures and indicators, other than the traditional income based measure of poverty, which can provide a more detailed picture of the low-income and poverty stricken populations, such as the number of people who were kept above poverty by Government supports, the number of people who are poor due to medical expenses, child care, and work expenses, the rates of food insecurity, the number of people who are asset poor (with less than three months of income saved), the number of disconnected youth, teen birth rates, participation rates in Federal anti-poverty programs for all eligible populations, and the number of people who are unbanked. (9) Regional Costs of Living The term regional costs of living means a measure of the differing costs of maintaining a given living standard in varying regional, geographic, urban or rural regions. (10) Economic Insecurity The term economic insecurity means the inability of individuals and households to cope with routine adverse or costly life events and the lack of means to maintain a decent standard of living and to recover from the costly consequences of those events. (11) Economic Stability The term economic stability means individuals and households have access to the means and support systems necessary to effectively cope with adverse or costly life events and have the ability to effectively recover from the consequences of those events while maintaining their standard of living or maintaining a decent standard of living. (12) Digital Divide The term digital divide means the gap between individuals, households, businesses and geographic areas at different socio-economic levels with regard to both their access information and communications technologies and including the imbalance both in physical access to technology and the resources, education and skills needed to effectively use computer technology and the Internet for a wide variety of activities. (13) Outcomes The term outcomes means change in the economic status, economic instability or economic security of an individual, household or other population which is attributable to a planned intervention, benefit, or service or series of interventions, benefits, and services, regardless of whether such an intervention was intended to change such economic status. (14) Disparate Impact The term disparate impact refers to the historic and ongoing impacts of the pattern and practice of discrimination in employment, education, housing, banking and nearly every other aspect of American life in the economy, society or culture that have an adverse impact on minorities, women, or other protected groups, regardless of whether such practices were motivated by discriminatory intent. 2203. Establishment of the Federal Interagency Working Group on Reducing Poverty (a) Establishment of Federal Interagency Working Group on Reducing Poverty There is established within the Department of Health and Human Services, a Federal Interagency Working Group on Reducing Poverty, which shall be chaired by the Secretary of Health and Human Services, and whose members shall be selected by their respective agency heads from the senior ranks of their agencies, which shall— (1) develop, within 180 days of enactment, a National Strategy to reduce the number of persons living in poverty in America in half within 10 years of the release of the 2012 Census report on Income, Poverty and Health Insurance Coverage in the United States: 2011, that includes goals and objectives relating to— (A) reducing in half the number of Americans living in poverty as reported by the 2012 Census report on Income, Poverty and Health Insurance Coverage in the United States: 2011; (B) eliminating child poverty in America; (C) eliminating extreme poverty in America; (D) improving the effectiveness and outcomes of poverty-related programs by improving our understanding of the root causes of poverty, the social, economic, and the cultural contributors to persistent intergenerational poverty; (E) improving the measure of poverty to include more indicators and measures that can meaningfully account for other aspects relating to the measure of poverty, such as regional differences in costs of living, the impact of rising income inequality, the impact of the persistent digital divide , expanding the understanding of poverty by distinguishing a standard that measures a level of freedom from deprivation versus a standard that measures a standard of economic adequacy provided by a living wage and access to a decent living standard, and the impact of poverty on other measures of economic stability and economic outcomes, such as educational attainment, rates of incarceration, lifetime earnings, access to health care, health care outcomes, access to housing, and including other measures as necessary to improve our understanding of why poverty persists in America; (F) eliminating the disparate rates of poverty based on race, ethnicity, gender, age, or sexual orientation and identity, especially among children in those households so impacted; (G) measuring effectiveness of poverty related programs on the basis of long-term outcomes, including the long-term savings and value of preventive practice and policy, and employing fact-based measures of programs to make improvements; (H) improving the accessibility of benefit and social services programs, reducing the complexity and difficulty of enrollment, and improving the rates of enrollment in need based programs for all eligible recipients to maximize the impact of benefits and social services programs on reducing the impacts of poverty and improving economic outcomes; (I) making more uniform eligibility requirements to improve the coordination of service delivery, reduce gaps in eligibility, and improve outcomes of programs addressing poverty in the Federal Government; (J) reducing the negative impacts of asset limits for eligibility which impact Federal, State and local poverty programs on the effectiveness of programs where limited eligibility creates gaps in necessary service and benefit delivery, and restricts access to benefits as individuals and families attempt to transition off of assistance programs and which can prevent needy beneficiaries from improving long-term outcomes and achieving long-term economic independence from need-based programs; (K) identifying Federal programs, including those related to disaster relief, hazard mitigation, extreme weather and climate change, and necessary reforms to better target resources towards disproportionately impacted socially vulnerable, low-income and disadvantaged communities may provide greater socio-economic benefits; (L) improving the ability of community-based organizations to participate in the development, oversight and implementation of Federal poverty-related programs; (M) improving access to good jobs with adequate wages and benefits by individuals living in poverty, low-income households, and the unemployed; (N) expanding and stabilizing poor and low-income persons connection to work and access to critical job training and/or skills upgrade training that will lead to re-entry in the workforce; (O) developing a comprehensive strategy to connect low-income young people and to re-connect currently disconnected youth to education, work, and their community; and (P) shifting the focus of poverty and means-tested programs across the Federal Government beyond the relief of deprivation and instead setting goals, measures, and outcomes more focused on measuring the success of programs in supporting and improving how capable individuals and families can access educational and economic opportunities to successfully transition away from accessing public assistance and benefits and achieving long-term economic stability which will reduce long-term costs in domestic social needs programs, reduce long-term health care costs due to the improved health of formerly poverty stricken households, increase the number of taxpaying individuals which will increase revenue, and lower the enrollment and costs in need based benefits and services programs, thus improving the economy and reducing long-term deficits for Federal, State, and local governments; (2) oversee, coordinate, and integrate all policies and activities of the Federal Government, in coordination and consultation with the Domestic Policy Council and the National Economic Council, across all agencies relating to reducing the number of individuals, families, and children living below the Federal poverty line, in extreme poverty or near poverty and increasing the number of households able to achieve long-term economic stability with assets sufficient to maintain a decent living standard without relying on public supports— (A) economic, commercial, and programmatic policies that can effect or relieve the effects of poverty through job creation, and economic development targeted to low-income, minority, rural, urban and other populations who suffer disparate rates of poverty, among Federal agencies; and (B) services and benefits including emergency programs, discretionary economic programs, and other policies and activities necessary to ensure that the Federal Government is able to mount effective responses to economic downturns and increases in the rates of poverty; (3) ensure that all relevant Federal agencies comply with appropriate guidelines, policies, and directives from the Federal Interagency Working Group on Reducing Poverty and the Department of Health and Human Services and other Federal agencies with responsibilities relating to poverty reduction or improving economic stability and independence; (4) ensure that Federal agencies, State governments and relevant congressional committees have access to, receive, and appropriately disseminate best practices in the administration of programs, have adequate resources to maximize the public awareness of programs, increase the reach of those programs, especially into historically disenfranchised communities, maximize enrollment for all eligible Americans, share relevant data, and issue relevant guidance in consultation with non-government organizations and policy experts in the field and State and local government officials who administer or direct policy for anti-poverty programs in increasing and maximizing the enrollment into and administration of programs and services designed to alleviate poverty; (5) enact best practices for improved data collection, relevant to— (A) reducing poverty; (B) reducing the racial, ethnic, age, gender, and sexual orientation or sexual identity based disparities in the rates of poverty; (C) adequately measuring the effectiveness, efficiency and impact of programs on the outcomes for individuals, families and communities who receive benefits and services; (D) streamlining enrollment and eligibility for programs; (E) improving long-term outcomes for individuals who are enrolled in service and benefit programs; (F) reducing reliance on public programs; (G) improving connections to work; (H) improving economic stability; (I) improving savings and investment, access to capital, increasing rates of entrepreneurship; (J) improving our understanding of the impact of extreme weather and natural disasters on economically vulnerable communities and improving those communities’ resilience to and recovery from extreme weather and natural disasters; (K) improving access to living wage employment; and (L) improving access to employment-based benefits; and (6) study the feasibility of and test different interagency, State and local, public/private models of cooperative service and benefit delivery by creating necessary exemptions, waivers and funding sources to allow improved cooperation and innovation in the development of programs, practices, policies and procedures that advance the goal of reducing poverty and increasing economic opportunity. (b) Director of National Poverty Policy There shall be a Staff Director of National Poverty Policy, who shall be the head of the Federal Interagency Working Group on Reducing Poverty. 2204. Appointment and responsibilities of the Director (a) Appointment (1) In general The Staff Director shall be appointed by the Secretary of Housing and Urban Development. (2) Qualifications The Secretary shall appoint the Staff Director from among individuals who have demonstrated ability and knowledge in social policy, improving outcome based management, issues of equity and equal opportunity and access to services and economic opportunity. (b) Responsibilities The Staff Director shall— (1) advise the Secretary and all relevant cabinet secretaries, and agency officials regarding the establishment of policies, goals, objectives, and priorities for reducing poverty in America in half in ten years, ending child poverty, ending extreme poverty and eliminating racial, ethnic, gender, and sexual identity and orientation based disparities in the rates of poverty; (2) advise the Secretary, when directed by the Secretary, advise relevant cabinet secretaries, heads of independent Federal agencies and other entities within the Executive Office of the President regarding mechanisms to improve the effectiveness, coordination, impact, and outcomes of social services, benefits, and other poverty reduction and economic opportunity programs, in collaboration with experts in the field, non-governmental organizations, and other governments; (3) work with Federal agencies to oversee, coordinate, and integrate the implementation of the National Plan or Strategy, including consultation with independent non-governmental policy experts and service provider groups engaged in serving low-income persons, children and households, State and local government officials who administer or direct policy for anti-poverty programs, and with as many groups that directly represent low-income people, such as public housing tenants’ associations, or other similar groups; and (4) resolve any disputes that arise between Federal agencies relating to the National Plan to reduce poverty in half in ten years or other matters within the responsibility of the Office. 2205. Consultation (a) In general The Director may consult and obtain recommendations from, as needed, such Presidential and other advisory entities such as consultation with independent non-governmental policy experts and service provider groups engaged in serving low-income persons, children, and households; State and local government officials who administer or direct policy for anti-poverty programs, and groups made up of low-income people, such as public housing tenants’ associations, or other similar groups as the Director determines will assist in carrying out the mission of the Office, including, but not limited to— (1) the Administration for Children and Families (ACF); (2) the Administration on Aging (AoA); (3) the Department of Agriculture (USDA); (4) the Bankruptcy Courts; (5) the Bureau of Consumer Financial Protection; (6) the Bureau of Economic Analysis (BEA); (7) the Bureau of Indian Affairs (BIA); (8) the Bureau of the Census; (9) the Center for Nutrition Policy and Promotion; (10) the Centers for Medicare & Medicaid Services (formerly the Health Care Financing Administration); (11) the Commission on Civil Rights; (12) the Office of Community Planning and Development; (13) the Consumer Financial Protection Bureau; (14) the Coordinating Council on Juvenile Justice and Delinquency Prevention; (15) the Corporation for National and Community Service; (16) the Council of Economic Advisers; (17) the Department of Agriculture (USDA); (18) the Department of Commerce (DOC); (19) the Department of Defense (DOD); (20) the Department of Education (ED); (21) the Department of Health and Human Services (HHS); (22) the Department of Housing and Urban Development (HUD); (23) the Department of Justice (DOJ); (24) the Department of Labor (DOL); (25) the Department of the Treasury; (26) the Department of Transportation (DOT); (27) the Department of Veterans Affairs (VA); (28) the Disability Employment Policy Office; (29) the Domestic Policy Council; (30) the Drug Enforcement Administration (DEA); (31) the Economic Development Administration; (32) the Economic Research Service; (33) the English Language Acquisition Office; (34) the Equal Employment Opportunity Commission (EEOC); (35) the Fair Housing and Equal Opportunity; (36) the Federal Bureau of Prisons; (37) the Federal Housing Finance Board; (38) the Federal Labor Relations Authority; (39) the Federal Trade Commission (FTC); (40) the Food and Nutrition Service; (41) the Indian Health Service; (42) the Interagency Council on Homelessness; (43) the Internal Revenue Service (IRS); (44) the Legal Services Corporation; (45) the National AIDS Policy Office; (46) the National Credit Union Administration; (47) the National Economic Council; (48) the National Institutes of Health (NIH); (49) the National Labor Relations Board; (50) the Occupational Safety & Health Administration (OSHA); (51) the Office of Management and Budget (OMB); (52) the Office of Refugee Resettlement; (53) the Office of Policy Development and Research (Housing and Urban Development Department); (54) the Small Business Administration (SBA); (55) the Social Security Administration (SSA); (56) the Substance Abuse and Mental Health Services Administration; (57) the Veterans’ Employment and Training Service; and (58) the Women’s Bureau (Labor Department). (b) National strategy In developing and updating the National Strategy the Executive Director shall consult with the Domestic Policy Council, the National Economic Council, and, as appropriate, hold regional public hearings around the country to collect information and feedback from the public on their efforts and experience for the development and updating of the National Strategy and make this information available to the public. 2206. Reports to Congress and the public (a) In general The Chair of the Federal Interagency Working Group on Reducing Poverty shall submit an annual report to the appropriate congressional committees describing the activities, ongoing projects, and plans of the Federal Government designed to meet the goals and objectives of the National Strategy on Poverty. The report shall include an accounting of the savings to the Government from any increased efficiencies in the delivery of services, any savings from reducing the numbers of Americans living in poverty and reductions in the demand for need-based services and benefits for which persons living in and near poverty are eligible, as well as an accounting of any increase in revenue collections due to the numbers of persons who become gainfully employed and pay taxes into the Treasury instead of drawing benefits and services from it. (b) National academy of sciences workshop Within 90 days after funds are made available to carry out this title, the Secretary of Health and Human Services shall contract with the National Academy of Sciences (hereinafter in this subsection referred to as the NAS ) to initiate a workshop series to provide necessary background information to enable the Working Group on Reducing Poverty to develop and finalize its plan. (1) The NAS shall convene a steering committee to organize, plan, and conduct a public workshop on what is known about the economic and social costs of poverty, including, but not limited to the following: (A) Macroeconomic costs (effects on productivity and economic output). (B) Health costs (effects on health expenditures and health status). (C) Crime and other social costs. (D) Direct Federal budget effects (e.g., outlays for income support and other poverty reduction programs). (E) Natural disaster related risks and costs. (F) The workshop shall also consider poverty metrics (e.g., income poverty, food insecurity, and other measures of deprivation), and their role in assessing the effects of poverty and the performance of anti-poverty programs. The NAS shall commission experts to prepare papers that summarize and critique the relevant literature estimating monetary and non-monetary economic and social impacts of poverty. A workshop summary shall be produced that, along with the papers, shall be available electronically on the NAS website. This workshop shall be convened within 6 months of receipt of a contract, the papers posted immediately, and the summary released by the end of month. (2) The NAS steering committee shall organize, plan, and conduct a second public workshop on what is known about the economic and social costs and benefits of a variety of programs and strategies to reduce and prevent poverty. It shall take account of such issues as the following: (A) Short-term versus long-term effects, including budget implications. (B) Effects for different population groups, such as children, the elderly, immigrants, long-term single-parent families, displaced older workers, young people with large loans, people in areas of concentrated poverty and other social ills (e.g., Indian reservations, some inner city areas, some rural areas). (C) Effects by depth of poverty and near-poverty (e.g., income to poverty ratios of less than 50 percent, less than 100 percent, less than 200 percent). This second workshop shall be convened within 9 months of receipt of a contract, the papers posted immediately, and a summary released by the end of month 12. (c) Report The relevant sections of the report shall be posted on each agency’s website on the plans and impacts specific to their agency. (d) Public report A version of each report submitted under this section shall be made available to the public. (e) Legislative language The Working Group on Reducing Poverty shall submit, as necessary, legislative language, including specific legislative recommendations to the Congress of the United States towards achieving the national goals.
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I 113th CONGRESS 2d Session H. R. 5353 IN THE HOUSE OF REPRESENTATIVES July 31, 2014 Mr. Lewis introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title XIX of the Social Security Act to extend for 5 years payment parity with Medicare for primary care services furnished under the Medicaid program, and for other purposes.
1. Short title This Act may be cited as the Medicaid Parity Act of 2014 . 2. Extension of Medicaid payment parity with Medicare for primary care services (a) In general Section 1902(a)(13)(C) of the Social Security Act ( 42 U.S.C. 1396a(a)(13)(C) ) is amended by striking 2013 and 2014 and inserting 2013 through 2019 . (b) Extending increased FMAP for additional payments for primary care services Section 1905(dd) of the Social Security Act ( 42 U.S.C. 1396d(dd) ) is amended by striking and before January 1, 2015 and inserting and before January 1, 2020 .
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I 113th CONGRESS 2d Session H. R. 5354 IN THE HOUSE OF REPRESENTATIVES July 31, 2014 Mrs. Carolyn B. Maloney of New York (for herself, Mr. Meehan , Mr. Poe of Texas , Mrs. Bustos , Ms. Moore , Ms. Bonamici , Mrs. Brooks of Indiana , Mrs. Ellmers , Ms. Jenkins , Mrs. Capito , Mrs. Noem , Ms. Roybal-Allard , Mr. Reed , Mr. Scott of Virginia , Ms. Frankel of Florida , Mr. Joyce , Ms. Kuster , and Mr. Peters of Michigan ) introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Higher Education Act of 1965 and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act to combat campus sexual violence, and for other purposes.
1. Short title This Act may be cited as the Campus Accountability and Safety Act . 2. Amendments to the Clery Act Section 485(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(f) ) (known as the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act) is amended— (1) in paragraph (1)— (A) by inserting and on the website of the institution after through appropriate publications or mailings ; (B) in subparagraph (C), by striking clause (ii) and inserting the following: (ii) the memorandum of understanding between the institution and local law enforcement that is required under section 124 (or, if such requirement has been waived, a description of the working relationship of campus security personnel with State and local law enforcement agencies); and ; and (C) by adding at the end the following: (K) (i) With respect to the criminal activity described in subparagraph (F)(i)(II), the eligible institution shall prepare by not later than 1 year after the date of enactment of the Campus Accountability and Safety Act , and annually thereafter, the following additions: (I) The number of cases that were investigated by the institution. (II) The number of cases that were referred for a disciplinary proceeding at the institution. (III) The number of cases that were referred to local or State law enforcement. (IV) The number of alleged perpetrators that were found responsible by the disciplinary proceeding at the institution. (V) The number of alleged perpetrators that were found not responsible by the disciplinary proceeding at the institution. (VI) A description of the final sanctions imposed by the institution for each offense perpetrated. (VII) The number of disciplinary proceedings at the institution that have closed without resolution. (ii) The Secretary shall provide technical assistance to eligible institutions to assist in meeting such additional preparation obligations. ; (2) by striking paragraph (7) and inserting the following: (7) (A) The statistics described in clauses (i) and (ii) of paragraph (1)(F)— (i) shall not identify victims of crimes or persons accused of crimes; and (ii) shall be compiled in accordance with the following definitions: (I) For the offenses of domestic violence, dating violence, and stalking, such statistics shall be compiled in accordance with the definitions used in section 40002(a) of the Violence Against Women Act of 1994 ( 42 U.S.C. 13925(a) ). (II) For offenses not described in subclause (I), such statistics shall be compiled in accordance with— (aa) either the National Incident-Based Reporting System or the Uniform Crime Reporting Program of the Federal Bureau of Investigation, if a definition is available; and (bb) if an offense is not defined in either the National Incident-Based Reporting System or the Uniform Crime Reporting Program of the Federal Bureau of Investigation, a definition provided by the Secretary. (B) The Secretary shall establish and make publicly available a definition for any offense that— (i) is required to be reported in accordance with paragraph (1)(F); (ii) is not an offense described in subparagraph (A)(ii)(I); and (iii) is not defined in either the National Incident-Based Reporting System or the Uniform Crime Reporting Program of the Federal Bureau of Investigation. ; (3) in paragraph (8)(B)(i)— (A) in the matter preceding subclause (I), by inserting , developed in consultation with local, State, and national sexual assault, dating violence, domestic violence, and stalking victim advocacy, victim services, or prevention organizations, and local law enforcement, after Education programs ; and (B) in subclause (I)(aa), by inserting , including the fact that these are crimes for the purposes of this subsection and reporting under this subsection and the institution of higher education will, based on the victim’s wishes, cooperate with local law enforcement with respect to any alleged criminal offenses involving students or employees of the institution of higher education after stalking ; (4) by redesignating paragraph (18) as paragraph (22); and (5) by inserting after paragraph (17) the following: (18) The individual at an institution of higher education that is designated as a responsible employee, as defined in section 901(e) of the Education Amendments of 1972, shall be considered a campus security authority, as defined in section 668.46(a) of title 34, Code of Federal Regulations. (19) (A) The Secretary shall, in consultation with the Attorney General, develop, design, and administer through an online portal, a standardized, online survey of students regarding their experiences with sexual violence and harassment. The survey shall be administered every year. The survey shall not include any personally identifiable information. The Secretary shall develop such survey tool using best practices from peer-reviewed research measuring sexual violence and harassment. In addition to the standardized questions developed by the Secretary, institutions completing the survey may request additional information from students that would increase the institutions’ understanding of school climate factors unique to their campuses. (B) In carrying out subparagraph (A), the Secretary shall require each institution participating in any program under this title, to ensure that an adequate, random, and representative sample size of students enrolled at the institution complete the survey described in subparagraph (A) not later than 1 year after the date of enactment of the Campus Accountability and Safety Act . (C) Responses to the survey shall be submitted confidentially and shall not be included in crime statistics reported under this subsection. In addition, questions should be designed to gather information on survivor experiences, and shall therefore use trauma-informed language to prevent re-traumatization. (D) The survey described in subparagraph (A) shall include, but is not limited to, the following topics: (i) Those designed to determine the incidence and prevalence of sexual violence, dating violence, domestic violence, and stalking. (ii) Those on whether students know about institutional policies and procedures. (iii) Those on, if victims reported the violence, to whom and what response did they receive and if they were informed of, or referred to, local, State, on-campus, and or national resources. (iv) Those on contextual factors, such as whether force, incapacitation, or coercion was involved. (v) Those on whether the assailant was a student. (vi) Those on whether the victim was referred to local or State law enforcement. (E) The Secretary shall tabulate and publish an annual report on the information gained from the survey under this paragraph on the website of the Department and submit such report to Congress. The report shall include campus-level data for each school and attributed by name of each campus. (20) Not later than 180 days after the date of enactment of the Campus Accountability and Safety Act, the Assistant Secretary for Postsecondary Education of the Department and the Assistant Secretary for Civil Rights of the Department shall jointly develop and make publicly available guidance regarding the intersection between this subsection and title IX of the Education Amendments of 1972, in order to clarify how the provisions of this subsection and such title shall be carried out. The guidance shall include clarifying language on how this subsection and such title IX interact pertaining to sexual violence, and shall clarify and resolve any potential discrepancies or inconsistencies between the two. (21) Notwithstanding any other provision of this Act, upon determination, after reasonable notice and opportunity for a hearing, that an eligible institution has violated or failed to carry out any provision of this subsection, or agreement made to resolve a compliance review under this subsection, or any regulation prescribed under this subsection, the Secretary may impose a civil penalty upon such institution not to exceed $150,000, which shall be adjusted for inflation annually, for each violation or misrepresentation, or per month a survey is not completed at the standard required. The Secretary may use any such civil penalty funds to enforce and administer the provisions of this subsection. . 3. Coordination with local law enforcement (a) In general Part B of title I of the Higher Education Act of 1965 ( 20 U.S.C. 1011 et seq. ) is amended by adding at the end the following: 124. Coordination with local law enforcement Each institution of higher education that receives funds or any other form of financial assistance under any Federal program, including participation in any federally funded or guaranteed student loan program, shall enter into, and update every 2 years, a memorandum of understanding with all applicable local law enforcement agencies to clearly delineate responsibilities and share information, in accordance with applicable Federal confidentiality laws, about certain serious crimes that shall include, but not be limited to, sexual violence, occurring against students of the institution or against other individuals on the campus of the institution. The memorandum of understanding shall include, but is not limited to— (1) delineation and sharing protocols of investigative responsibilities; (2) protocols for investigations, including standards for notification and communication and measures to promote evidence preservation; (3) agreed upon training and requirements for the institution on issues related to sexual violence; and (4) a method of sharing information about specific crimes, when directed by the victim, and a method of sharing crime details anonymously in order to better protect overall campus safety. . (b) Effective date and penalty (1) Effective date The amendment made by subsection (a) shall take effect on the date that is 1 year after the date of enactment of this Act. (2) Penalty The Secretary of Education— (A) may impose a civil penalty of not more than 1 percent of an institution's operating budget, as defined by the Secretary of Education, each year that the institution of higher education fails to carry out the requirements of section 124 of the Higher Education Act of 1965, as added by subsection (a), by the date that is 1 year after the date of enactment of this Act; and (B) may waive the penalty pursuant to paragraph (3). (3) Waiver (A) In general If local law enforcement refuses to enter into a memorandum of understanding under section 124 of the Higher Education Act of 1965, as added by subsection (a), the Secretary of Education may waive the penalty under paragraph (2) if the institution certifies why the institution was unable to obtain an agreement and that the institution acted in good faith, and submits to the Secretary a copy of the institution's final offer that was ultimately rejected. The Secretary of Education will then have the discretion to grant the waiver. (B) Referral to department of justice The Secretary of Education shall refer to the Attorney General a copy of each waiver granted under paragraph (2)(B) and the reason, the Secretary has determined, why local law enforcement refuses to enter into a memorandum of understanding. (C) Administrative review If the Secretary of Education does not grant a waiver under paragraph (2)(B), the institution may submit additional information to receive such waiver. If, after submitting additional information, the Secretary still does not grant a waiver under paragraph (2)(B), the decision of the Secretary shall be subject to review pursuant to section 706(2)(A) of title 5, United States Code. (4) Voluntary resolution Nothing in this subsection shall prevent the Secretary of Education from entering into a voluntary resolution with an institution of higher education that fails to carry out the requirements of section 124 of the Higher Education Act of 1965, as added by subsection (a), by the date that is 1 year after the date of enactment of this Act. (c) Negotiated rulemaking The Secretary of Education shall establish regulations to carry out the this section and the amendment made by this section in accordance with the requirements described under section 492 of the Higher Education Act of 1965 (20 U.S.C. 1098a). 4. University support for survivors of sexual violence (a) In general Part B of title I of the Higher Education Act of 1965 ( 20 U.S.C. 1011 et seq. ) is further amended by adding after section 124 (as added by section 3), the following: 125. University support for survivors of sexual violence Each institution of higher education that receives funds or any other form of financial assistance under any Federal program, including participation in any federally funded or guaranteed student loan program, shall establish a campus security policy that includes the following: (1) The designation of 1 or more confidential advisor roles at the institution to whom victims of crime can report anonymously or directly, that complies with the following: (A) The confidential advisor shall not be a student, an employee designated as a responsible employee under title IX of the Education Amendments of 1972, or the title IX coordinator, but may have other roles at the institution. (B) The Secretary shall designate existing categories of employees that may serve as confidential advisors. Such designation shall not preclude the institution from designating new or existing employees or partnering with local, State, or national victim services organizations to serve as confidential advisors or to serve in other confidential roles. (C) The confidential advisor shall be trained to perform a victim-centered, trauma-informed (forensic) interview, which shall focus on the experience of the victim. The confidential advisor may perform the interview for which the goal is to elicit information about the traumatic event in question so that the interview can be used in either a campus or criminal investigation or disciplinary proceeding. (D) The confidential advisor shall inform the victim of the victim's control over possible next steps regarding the victim's reporting options and the consequences of those options, including, but not limited to, the option to conduct a forensic interview with the option to have the forensic interview be recorded, the option to receive a copy of the recorded forensic interview with the option to notify a responsible employee and initiate a campus disciplinary proceeding, the option to notify local law enforcement and initiate a criminal investigation, the option to grant campus disciplinary officials access to the forensic interview, and the option to grant law enforcement officials access to the forensic interview. The confidential advisor shall assist in conducting a forensic interview, making notifications, and granting access to a forensic interview as directed by the victim. (E) The confidential advisor shall liaise with campus or local law enforcement when directed by the victim, and, as appropriate, may assist the victim in contacting and reporting to campus or local law enforcement. (F) The confidential advisor shall be authorized by the institution to arrange reasonable accommodations through the institution to allow the victim to change living arrangements or class schedules, or obtain accessibility services, and make other changes. (G) The confidential advisor shall also advise the victim of both the victim’s rights and the institution’s responsibilities regarding orders of protection, no contact orders, restraining orders, or similar lawful orders issued by the institution or a criminal, civil, or tribal court. (H) The confidential advisor shall not be obligated to report crimes to the institution or law enforcement, unless otherwise required to do so by State law, and shall provide confidential services to students and employees. Requests for arrangement made by a confidential advisor do not constitute notice to a responsible employee for title IX purposes, even when such advisors work only in the area of sexual assault. (I) The name and contact information for the confidential advisor, as well as a victims’ reporting options, the process of investigation and adjudication both by the institution and by law enforcement, and potential reasonable accommodations, which shall be listed on the website of the institution. (J) The institution may partner with an outside victim advocacy organization to provide the service described in this subparagraph. (K) Each institution that enrolls fewer than 1,000 students may partner with another institution in their region or State to provide the services described in this subparagraph. (L) The institution shall appoint an adequate number of confidential advisors not later than the earlier of— (i) 1 year after the Secretary determines through a negotiated rulemaking process what an adequate number of confidential advisors is for an institution based on its size; or (ii) 3 years after the date of enactment of the Campus Accountability and Safety Act. (2) The institution may provide an online reporting system to collect anonymous disclosures of crimes. The victim may submit an anonymous report but the institution would only be obligated to investigate when a formal report is submitted to a responsible employee. (3) The telephone number and URL for a local, State, or national hotline providing information to sexual violence victims shall be clearly communicated on the website of the institution and updated on a timely basis. (4) The name and location of the nearest medical facility where an individual may have a rape kit administered by a trained sexual violence forensic nurse shall be included on the website of the institution, including information on transportation options and reimbursement for a visit to such facility. (5) The institution shall provide an amnesty clause for any student who reports, in good faith, sexual violence to a responsible employee so that they will not be sanctioned by the institution for a student conduct violation, such as underage drinking, that is revealed in the course of such a report. . (b) Effective date Paragraphs (2) through (5) of section 125 of the Higher Education Act of 1965, as added by subsection (a), shall take effect on the date that is 1 year after the date of enactment of this Act. (c) Penalty (1) In general The Secretary of Education may impose a civil penalty of not more than 1 percent of an institution's operating budget, as defined by the Secretary, each year that the institution fails to carry out the requirements of— (A) section 125(1) of the Higher Education Act of 1965, as added by subsection (a), by not later than the earlier of— (i) 1 year after the Secretary of Education determines through a negotiated rulemaking process what an adequate number of confidential advisors is for the institution based on its size; or (ii) 3 years after the date of enactment of this Act; and (B) paragraphs (2) through (5) of section 125 of the Higher Education Act of 1965, as added by subsection (a), by the date that is 1 year after the date of enactment of this Act. (2) Voluntary resolution Nothing in this subsection shall prevent the Secretary of Education from entering into a voluntary resolution with an institution of higher education that fails to carry out the requirements of— (A) section 125(1) of the Higher Education Act of 1965, as added by subsection (a), by not later than the earlier of— (i) 1 year after the Secretary of Education determines through a negotiated rulemaking process what an adequate number of confidential advisors is for the institution based on its size; or (ii) 3 years after the date of enactment of this Act; and (B) paragraphs (2) through (5) of section 125 of the Higher Education Act of 1965, as added by subsection (a), by the date that is 1 year after the date of enactment of this Act. (d) Negotiated rulemaking The Secretary of Education shall establish regulations to carry out the this section and the amendment made by this section in accordance with the requirements described under section 492 of the Higher Education Act of 1965 (20 U.S.C. 1098a). 5. Program participation agreements Section 487(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a) ) is amended by striking paragraph (12) and inserting the following: (12) The institution certifies that— (A) the institution is in compliance with the requirements of section 124 regarding coordination with local law enforcement; (B) the institution has established support for survivors of sexual violence that meets the requirements of section 125; and (C) the institution has complied with the disclosure requirements of section 485(f). . 6. Enforcement and training; subpoena authority Section 901 of the Education Amendments of 1972 ( 20 U.S.C. 1681 ) is amended by adding at the end the following: (d) Website The Secretary of Education shall establish a title IX website that includes the following: (1) The name and contact information for the title IX coordinator, including a brief description of the coordinator’s role and the roles of other officials who may be contacted to discuss or report sexual harassment, for each educational institution. Each educational institution shall provide the name and contact information for the title IX coordinator to the Secretary of Education not later than 30 days after the date of enactment of the Campus Accountability and Safety Act. (2) The Department’s pending investigations, enforcement actions, letters of finding, final resolutions, and voluntary resolution agreements for all complaints and compliance reviews under this title related to sexual harassment. The Secretary shall indicate whether the investigation, action, letter, resolution, or agreement is based on a complaint or compliance review. The Secretary shall make the information under this subsection available regarding a complaint once the Office for Civil Rights receives a written complaint, and conducts an initial evaluation, and has determined that the complaint should be opened for investigation of an allegation that, if substantiated, would constitute a violation of this title. In carrying out this subsection, the Secretary shall ensure that personally identifiable information is not reported and shall comply with section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ), commonly known as the Family Educational Rights and Privacy Act of 1974 . (e) Training of responsible employees and other employees (1) Responsible employee In this subsection, the term responsible employee means an employee of an institution of higher education who has the authority to redress sexual harassment or who has the duty to report incidents of sexual harassment or other misconduct by students or employees to the title IX coordinator or other appropriate school designee. (2) Training of responsible employees Each institution of higher education shall employ a responsible employee who shall complete minimum training requirements (as determined by the Secretary of Education in coordination with the Attorney General and to include training by local, State, or national victim services organizations) and shall be responsible for— (A) reporting cases of sexual harassment to the title IX coordinator of the institution; and (B) providing a student or employee who reports that the student or employee has been a victim of sexual harassment, including, but not limited to, sexual violence, whether the offense occurred on or off campus, with a written explanation of the student or employee’s rights and options, as described in clauses (ii) through (vii) of section 485(f)(8)(B) of the Higher Education Act of 1965. (3) Other/additional training Each individual who is involved in implementing an institution of higher education’s grievance procedures, including each individual who is responsible for resolving complaints of reported crimes, shall have training or experience in handling sexual violence complaints, and the operations of the institution’s grievance procedures, not later than 1 year after the date of enactment of the Campus Accountability and Safety Act. The training shall include, but is not limited to— (A) information on working with and interviewing persons subjected to sexual violence; (B) information on particular types of conduct that would constitute sexual violence, including same-sex sexual violence; (C) information on consent and the role drugs or alcohol can play in the ability to consent; (D) the effects of trauma, including neurobiological change; and (E) cultural awareness training regarding how sexual violence may impact students differently depending on their cultural background. (4) Uniform campus-wide process for disciplinary proceeding relating to claim of sexual violence Each institution of higher education that receives Federal funding— (A) shall establish and carry out a uniform process (for each campus of the institution) for disciplinary proceedings relating to any claims of sexual violence; and (B) shall not carry out a different disciplinary process on the same campus for a matter of sexual violence, or alter the uniform process described in subparagraph (A), based on the status or characteristics of a student who will be involved in that disciplinary proceeding, including characteristics such as a student’s membership on an athletic team, academic major, or any other characteristic or status of a student. (f) Department of education and department of justice civil penalties for institutions of higher education (1) In general Upon determination, after reasonable notice and opportunity for a hearing, that an educational institution that is an institution of higher education has violated or failed to carry out any provision of this section in a factual circumstance related to sexual violence or any regulation prescribed under this section related to sexual violence, the Secretary of Education or Attorney General, may impose a civil penalty upon such institution of not more than 1 percent of the institution's 1-year operating budget, as defined by the Secretary of Education, for each violation or failure. A civil penalty shall not interfere with the Secretary’s or Attorney General’s ability to enter into a voluntary resolution agreement with an institution of higher education. (2) Adjustment to penalties Any civil penalty under paragraph (1) may be modified by the Secretary of Education or Attorney General. In determining the amount of such penalty, or the amount agreed upon in compromise, the appropriateness of the penalty to the size of the operating budget of the educational institution subject to the determination, and the gravity of the violation or failure, and whether the violation or failure was done intentionally, negligently, or otherwise, shall be considered. (3) Distribution Any civil monetary penalty or monetary settlement collected under this subsection shall be transferred to the Office for Civil Rights of the Department of Education or the Department of Justice to be used for purposes of enforcing the provisions of this title related to sexual harassment. (4) Clarification Nothing in the Campus Accountability and Safety Act , or any amendment made by such Act, shall alter, amend, or interfere with the rights and remedies provided for and available under this title. (g) Statute of limitations An individual may file a complaint for a violation of this title, with regards to sexual violence, with the Office for Civil Rights of the Department of Education not later than 180 days after the date of graduation or disaffiliation with the institution. (h) Subpoena and civil investigative demand authority (1) Authority to compel In order to obtain information and documents that are relevant to determining compliance with this title, including any regulations promulgated to carry out this title, the Assistant Secretary of the Office for Civil Rights of the Department of Education and the Assistant Attorney General of the Civil Rights Division of the Department of Justice are authorized to require by subpoena the attendance and testimony of any person that one can reasonably believe to have first-hand knowledge, including current and former students and employees of institutions of higher education, and the production of documents, including reports, answers, records, accounts, papers, and other data in any medium (including electronically stored information), and any tangible thing. (2) Refusal to obey A subpoena issued under this subsection, in the case of contumacy or refusal to obey, shall be enforceable by order of any appropriate United States district court. (3) Civil investigative demand authority The Assistant Secretary of the Office for Civil Rights of the Department of Education and the Assistant Attorney General of the Civil Rights Division of the Department of Justice shall have civil investigative demand authority, which authorizes the request for documents of the institutions and written answers to interrogatories in order to determine compliance with title IX. (i) Coordinator Each educational institution that receives Federal financial assistance from the Department of Education shall submit, annually, to the Office for Civil Rights of the Department of Education and the Civil Rights Division of the Department of Justice, the name of the title IX coordinator of the institution, including a brief description of the coordinator's role and the roles of other officials of the institution who may be contacted to discuss or report sexual violence, and documentation of training received by the title IX coordinator. The educational institution shall provide updated information to the Office for Civil Rights of the Department of Education and the Civil Rights Division of the Department of Justice not later than 30 days after the date of any change. . 7. Training for campus personnel on victim-centered trauma-informed (forensic) interviews Section 304 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (42 U.S.C. 14045b) is amended— (1) in subsection (a)(2), by striking $300,000 and inserting $500,000 ; (2) in subsection (b), by adding at the end the following: (11) To train campus personnel in conducting victim-centered, trauma-informed (forensic) interviews. ; and (3) in subsection (g)— (A) by striking In this section and inserting (1) In general .—In this section ; and (B) by adding at the end the following: (2) Victim-centered, trauma-informed (forensic) interview In this section, the term victim-centered, trauma-informed (forensic) interview means an evidence-based interview focused on the experience of the victim, conducted by a trained forensic interviewer, in which the goal of the interview is to elicit information about the traumatic event in question for use in a future investigation. The victim shall be given the option to have the interview recorded and to receive a copy of the recorded interview. The victim shall be informed of the reasons why the victim may or may not choose to have the interview recorded. .
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https://www.govinfo.gov/content/pkg/BILLS-113hr5354ih/xml/BILLS-113hr5354ih.xml
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113-hr-5355
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I 113th CONGRESS 2d Session H. R. 5355 IN THE HOUSE OF REPRESENTATIVES July 31, 2014 Mr. McAllister introduced the following bill; which was referred to the Committee on Armed Services A BILL To prohibit the Department of Defense from retaining any interest in real property disposed of pursuant to a base closure law when that property was originally acquired by the United States by donation for the purpose of establishing or expanding a military installation.
1. Condition on disposal of base closure real property originally acquired by the United States by donation (a) Conveyance of full interest in donated real property Whenever a military installation is closed pursuant to a base closure law and the military installation contains real property that was originally acquired by the United States by donation for the purpose of establishing or expanding the installation, the conveyance of the real property originally acquired by donation shall include, except as provided in subsection (b), all right, title, and interest of the United States in and to the property at the time of the conveyance. (b) Retention of reversionary interests If real property described in subsection (a) is conveyed by the United States without consideration or for consideration equal to less than the fair market value of the property to support the subsequent use of the conveyed property for a public purpose or use, the Secretary of Defense may authorize the retention of a reversionary interest to ensure that the conveyed property is used for that public purpose. (c) Retroactive application In the case of real property described in subsection (a) that was conveyed before the date of the enactment of this Act pursuant to a base closure law, the Secretary of Defense shall convey to the recipient of the property, not later than one year after the date of the enactment of this Act, all right, title, and interest in and to the property (other than an interest described in subsection (b)) that was retained by the United States upon the original conveyance of the property to the recipient. (d) Base closure law defined In this section, the term base closure law means— (1) the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510 ; 10 U.S.C. 2687 note); (2) title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100–526; 10 U.S.C. 2687 note); (3) section 2687 of title 10, United States Code, if the authority of such section is used after the date of the enactment of this Act; and (4) any other law enacted after the date of the enactment of this Act that provides for the closure of military installations.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5355ih/xml/BILLS-113hr5355ih.xml
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113-hr-5356
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I 113th CONGRESS 2d Session H. R. 5356 IN THE HOUSE OF REPRESENTATIVES July 31, 2014 Mr. McAllister introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend section 3720D of title 31, United States Code, to prohibit wage garnishment by the Environmental Protection Agency.
1. Short Title This Act may be cited as the Preventing the EPA from Garnishing Wages Act of 2014 . 2. Prohibition on Wage Garnishment by the Environmental Protection Agency Section 3720D of title 31, United States Code, is amended by adding at the end the following: (i) This section shall not apply to a debt owed pursuant to a program administered by the Environmental Protection Agency. .
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https://www.govinfo.gov/content/pkg/BILLS-113hr5356ih/xml/BILLS-113hr5356ih.xml
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