legis_id
stringlengths 7
15
| text
stringlengths 248
4.78M
| url
stringlengths 71
89
|
|---|---|---|
113-hr-5457
|
I 113th CONGRESS 2d Session H. R. 5457 IN THE HOUSE OF REPRESENTATIVES September 11, 2014 Mr. Murphy of Florida (for himself and Mr. Dent ) 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 incentives for zero carbon emissions refueling property.
1. Short title This Act may be cited as the Fueling America’s Future Act of 2014 . 2. Extension and modification of alternative fuel vehicle refueling property credit (a) Repeal of limitation for zero carbon emission fuel Paragraph (6) of section 30C(e) of the Internal Revenue Code of 1986 is amended to read as follows: (6) Special rule for zero carbon emission refueling property In the case of any property relating to zero-emission fuel, subsection (b) shall not apply. . (b) Extension for zero carbon emission fuel Subsection (g) of section 30C of such Code is amended by striking and at the end of paragraph (1), by redesignating paragraph (2) as paragraph (3), and by inserting after paragraph (1) the following new paragraph: (2) in the case of any property relating to zero carbon emission fuel, after December 31, 2024, and . (c) Zero carbon emission fuel Subsection (e) of section 30C of such Code is amended by adding at the end the following new paragraph: (7) Zero carbon emission fuel For purposes of this section, the term zero carbon emission fuel means any fuel that does not emit carbon when used as fuel to propel a motor vehicle (including electricity, hydrogen, or any other zero-tailpipe emission producing fuel, as determined by the Secretary of Energy for purposes of this section). . (d) Effective date The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. 3. Tax holiday for businesses placing in service zero carbon emission refueling property Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting before section 140 the following new section: 139F. Zero carbon emission refueling property (a) In general In the case of any taxpayer who— (1) is engaged in the trade or business of storing and dispensing fuel into the fuel tanks of motor vehicles propelled by such fuel, (2) with respect to such trade or business places in service any qualified alternative fuel vehicle refueling property which stores and dispenses zero carbon emission fuel, and (3) elects the application of this section, gross income shall not include any income derived from such trade or business (including any income derived from any activities ancillary to such trade or business and carried on for the convenience of customers refueling motor vehicles) during the 1-year period beginning on the date such property was placed in service. (b) Special rules and definitions (1) Point-of-sale charger access fee (A) In general For purposes of subsection (a), in the case of any qualified alternative fuel vehicle refueling property the only consideration for the use of which is allocable to a portion of the purchase price of a vehicle paid at the point of sale of such vehicle, the taxpayer may elect to treat such allocable portion as the only gross income derived from the trade or business of storing and dispensing fuel into the fuel tanks of motor vehicles. (B) Limitation Subparagraph (A) shall only apply with respect to any portion of the purchase price of a vehicle the original use of which commences with the purchaser and which is acquired for use or lease by such purchaser and not for resale. (2) Coordination with alternative fuel vehicle refueling property credit No credit shall be allowed under section 30C with respect to any taxable year of the taxpayer during which an election is in effect under this section. (3) Special rule for electric vehicle supply equipment This section shall not apply with respect to qualified fuel vehicle refueling property that dispenses electricity unless such property utilizes a DC Fast Charge or technologically equivalent or superior system capable of replenishing at least 150 miles of electric-only range in not more than 30 minutes. (4) Qualified alternative fuel vehicle refueling property; zero carbon emission fuel For purposes of this section, the terms qualified alternative fuel vehicle refueling property and zero carbon emission fuel shall have the respective meanings given such terms in section 30C. (5) Election A taxpayer (including any successor in interest) may only elect the application of this section once. (c) Termination This section shall not apply to any property placed in service after December 31, 2024. .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5457ih/xml/BILLS-113hr5457ih.xml
|
113-hr-5458
|
I 113th CONGRESS 2d Session H. R. 5458 IN THE HOUSE OF REPRESENTATIVES September 11, 2014 Mr. Ruiz (for himself and Mr. Hinojosa ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to help build a stronger health care workforce.
1. Short title This Act may be cited as the Building a Health Care Workforce for the Future Act . 2. Grants to States for scholarship programs Subpart III of part D of title III of the Public Health Service Act ( 42 U.S.C. 254l et seq. ) is amended by adding at the end the following: 338N. Grants to States for scholarship programs (a) In general The Secretary shall award grants to eligible States to enable such States to implement scholarship programs to ensure, with respect to the provision of health services, an adequate supply of physicians, dentists, behavioral and mental health professionals, certified nurse midwives, certified nurse practitioners, physician assistants, and pharmacists or other health profession as determined by the Secretary. (b) Eligible States To be eligible to receive a grant under this section, a State shall submit to the Secretary an application containing such information as the Secretary determines necessary to carry out this section. (c) Eligible participants To be eligible to participate in a scholarship program carried out with a grant received under this section, an individual shall— (1) be accepted for enrollment, or be enrolled, as a full-time student— (A) in an accredited (as determined by the Secretary) educational institution in a State; and (B) in a course of study or program, offered by such institution and approved by the Secretary, leading to a degree in medicine, dentistry, school of pharmacy, other health profession designated by the Secretary, nursing college, or an appropriate degree from a graduate program of behavioral and mental health; (2) submit to the State, an application to participate in the program; and (3) sign and submit to the State, at the time of the submission of the application under paragraph (2), a written contract that requires the individual to— (A) accept payments under the scholarship; (B) maintain a minimum level of academic standing during the period of the scholarship, as determined by the Secretary; (C) if applicable, complete an accredited residency training program; (D) become licensed in the applicant’s State of residence; and (E) serve as a provider for 1 year in— (i) a health professional shortage area (as defined by the National Health Service Corps under section 332); (ii) a medically underserved area (as defined for purposes of section 330); or (iii) any other shortage area defined by the State and approved by the Secretary; in the applicant's State of residence for every year in which the applicant received a scholarship. (d) Designation of areas To be eligible to receive a grant under this section, a State shall adequately demonstrate to the Secretary that the State has designated appropriate health professions or specialty shortage areas. (e) Required disclosures In disseminating application and contract forms to individuals desiring to participate in a scholarship program funded under this section, the State shall include with such forms a summary of the rights and liabilities of an individual whose application is approved (and whose contract is accepted), including a clear explanation of the damages to which the State is entitled in the case of the individual’s breach of the contract. (f) Awarding of contracts (1) In general A State that enters into a contract with an individual under subsection (c)(3) shall, with respect to the program in which the individual is enrolled, agree to pay— (A) all tuition and costs associated with the program; (B) any other reasonable educational expenses, including fees, books, and laboratory expenses, related to the program; and (C) a cost-of-living stipend in an amount to be determined the Secretary. (2) Consideration by State In entering into contracts with individuals that meet the requirements of subsection (c), the State shall consider the extent of the applicant's demonstrated interest in the provision of care services in a particular provider shortage area. (g) Matching funds A State receiving a grant under this section shall, with respect to the costs of making payments on behalf of individuals under the scholarship program implemented by the State under the grant, make available (directly or through donations from public or private entities) non-Federal contributions in cash toward such costs in an amount equal to not less than $1 for each $1 of Federal funds provided under the grant. (h) Direct administration by State agency The scholarship program of any State receiving a grant under this section shall be administered directly by a State agency. (i) Report by Secretary Not later than 4 years after the date of enactment of this section, and every 5 years thereafter, the Secretary shall submit to Congress a report concerning— (1) the number of scholarships awarded under the State scholarship program; (2) the number of scholarship recipients, broken down by practice area, serving in the profession originally awarded a scholarship for 1 year after the completion of the service period required under subsection (c)(3)(E); (3) the number of scholarship recipients, broken down by provider type, practicing in an underserved area 1 year after the completion of the service period required under subsection (c)(3)(E); (4) data on any changes in health professional shortage areas or medically underserved areas within the State; (5) remaining gaps in such health professional shortage areas or medically underserved areas; (6) the number of additional full-time physicians that would be required to eliminate such health professional shortage areas or medically underserved areas in the State; (7) the number of individuals who received a scholarship but failed to comply with its requirements; (8) the action taken by the State to recoup scholarship funds in the case of any non-compliance; and (9) recommendations to improve the program under this section. (j) Authorization of appropriations There are authorized to be appropriated to carry out this section, $20,000,000 for each of fiscal years 2015 through 2019. Not less than 50 percent of the amount appropriated for a fiscal year under this subsection shall be used to provide scholarships to providers who intend on pursuing careers in primary care. . 3. Increasing mentoring and transforming competencies in primary care Title VII of the Public Health Service Act is amended by inserting after section 747A (42 U.S.C. 293k–1), the following: 747B. Developing effective primary care mentors and improving mentorship opportunities for medical students (a) Grants To cultivate primary care mentors and improve primary care mentorship opportunities for medical students The Secretary may award grants to eligible medical schools to assist such schools in developing and strengthening primary care mentorship programs and cultivating leaders in primary care among students. (b) Eligibility To be eligible to receive a grant under this section, an entity shall— (1) be an accredited medical school or college of osteopathic medicine; and (2) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including an assurance that the applicant will use amounts received under the grant to— (A) establish or enhance existing mentorship programs, including— (i) incentivizing medical school faculty (through financial or other reward systems) to participate as a mentor of other primary care physician faculty members and students; (ii) providing resources for aspiring mentors to participate in workshops or other learning experiences in which primary care physicians can learn about effective strategies in primary care mentoring; (iii) enabling successful primary care mentors on medical school faculty to spend time at another institution where they can promote best practices in mentoring primary care leaders and students; and (iv) developing web-based resources for mentors to interact regularly and share successful strategies; or (B) cultivate interest and leaders in primary care among students, including— (i) offering students that identify interest in primary care upon matriculation, longitudinal experiences in primary care to care for and track the health and wellness of patients throughout medical school; (ii) arranging partnerships with private practices, insurers, schools of public health, public health departments, and community-based service projects with the goal of providing students with the opportunity to interact with primary care mentors from a variety of health care settings; (iii) providing stipends or other forms of financial resources to students who work with designated mentors in the field of primary care in underserved urban and rural communities; and (iv) supporting opportunities for students to engage in practice redesign or other efforts in which primary care physicians are taking a leadership role in delivery system reform. (c) Authorization of appropriations There are authorized to be appropriated to carry out this section, $20,000,000 for each of fiscal years 2015 through 2021. 747C. Developing and promoting new competencies (a) Grants To develop and promote new competencies In order to foster curricular innovations to improve the education and training of health care providers, the Secretary shall award grants to medical and other health professions schools to promote priority competencies (as described in subsection (b)). (b) Priority competencies In awarding grants under subsection (a), the Secretary, acting through the Advisory Committee on Training in Primary Care and Dentistry, shall select an annual competency to direct the awarding of such grants. Such annual competencies may include— (1) patient-centered medical homes; (2) chronic disease management; (3) integration of primary care and mental health care; (4) integration of primary care, public and population health, and health promotion; (5) cultural competency; (6) domestic violence; (7) improving care in medically undeserved areas; and (8) team-based care. (c) Grant recipients The Secretary may award grants under subsection (a) to programs that provide education or training for— (1) physicians; (2) dentists and dental hygienists; (3) physician assistants; (4) mental and behavioral health providers; (5) public and populations health professionals; or (6) pharmacists. (d) Consideration in evaluating grant applications The Secretary shall give consideration to applicants that are proposing to partner with other medical programs, health professions programs, or nursing programs. (e) Grantee reports The recipient of a grant under this section shall, not later than 180 days after the end of the grant period involved, submit to the Advisory Committee, a report on the following (where appropriate): (1) A description of how the funding under the grant was used by the grantee. (2) A description of the intended goal of such funding. (3) A description of the challenges faced by the grantee in reaching the goal described in paragraph (2). (4) A description of the lessons learned by the grantee related to the grant activities. (f) Recommendations of the Advisory Committee The Advisory Committee, based on the information submitted under subsection (d), shall annually report to the Secretary on outcomes of the activities carried out under grants under this section, including specific recommendations for scaling up innovations to promote education and training of health care providers in the priority competencies described in subsection (b). (g) Authorization of appropriations There are authorized to be appropriated, $10,000,000 for each of fiscal years 2015 through 2019 to carry out this section. . 4. Study on documentation requirements for cognitive service Not later than 3 years after the date of enactment of this Act, the Institute of Medicine shall conduct a study, and submit a report to Congress, concerning the documentation requirements for cognitive services (evaluation and management services) required under the Medicare and Medicaid programs under titles XVIII and XIX of the Social Security Act, and through private health insurers. Such study shall include an evaluation of— (1) how documentation requirements designed for paper-based records should be modified for electronic records; (2) whether or not the documentation requirements are overly burdensome on physicians and detract from patient care; (3) the administrative costs to physician practices of the current documentation requirements; (4) the average amount of time required by physicians to document cognitive services; (5) options to more appropriately compensate physicians for evaluation and management of patient care without requiring excessive documentation of cognitive services; and (6) recommendations for less burdensome alternatives or changes to existing documentation requirements of cognitive services.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5458ih/xml/BILLS-113hr5458ih.xml
|
113-hr-5459
|
I 113th CONGRESS 2d Session H. R. 5459 IN THE HOUSE OF REPRESENTATIVES September 11, 2014 Mr. Tonko (for himself, Mr. King of New York , Mr. Meeks , Mr. Grimm , Mr. Rangel , Mr. Owens , Ms. Slaughter , Mr. Cleaver , Mr. Richmond , Mr. Thompson of Mississippi , Mr. Gibson , Ms. Norton , Mrs. Lowey , Mr. Rush , Ms. Clarke of New York , and Mr. Collins of New York ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To authorize the award of the Medal of Honor to Henry Johnson.
1. Authorization for award of the Medal of Honor to Henry Johnson for acts of valor during World War I (a) Authorization 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 Henry Johnson for the acts of valor described in subsection (b). (b) Acts of valor described The acts of valor referred to in subsection (a) are the actions of Henry Johnson while serving as a member of Company C, 369th Infantry Regiment, 93rd Division, American Expeditionary Forces, during combat operations against the enemy on the front lines of the Western Front in France on May 15, 1918, during World War I for which he was previously awarded the Distinguished Service Cross.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5459ih/xml/BILLS-113hr5459ih.xml
|
113-hr-5460
|
I 113th CONGRESS 2d Session H. R. 5460 IN THE HOUSE OF REPRESENTATIVES September 11, 2014 Mr. Walden (for himself, Mr. Welch , Mr. Nunes , and Mr. Neal ) 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 increase access to ambulance services under the Medicare program and to reform payments for such services under such program.
1. Short title (a) Short title This Act may be cited as the Medicare Ambulance Access, Fraud Prevention, and Reform Act of 2014 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Reform to the Medicare ambulance fee schedule. Sec. 3. Prior authorization for ambulance transports of ESRD beneficiaries. Sec. 4. Requiring ambulance providers to submit cost and other information. 2. Reform to the Medicare ambulance fee schedule (a) In general Section 1834(l) of the Social Security Act ( 42 U.S.C. 1395m(l) ) is amended by adding the following new paragraphs: (16) Increase in conversion factor for ground ambulance services In the case of ground ambulance services furnished on or after April 1, 2015, for purposes of determining the fee schedule amount for such services under this subsection, the conversion factor otherwise applicable to such services shall be increased by— (A) with respect to ground ambulance services for which the transportation originates in a qualified rural area, as identified using the methodology described in paragraph (12)(B)(iii), 25.6 percent; (B) with respect to ground ambulance services not described in subparagraph (A) and for which the transportation originates in a rural area described under paragraph (9) or in a rural census tract described in such paragraph, 3 percent; and (C) with respect to ground ambulance services not described in subparagraph (A) or (B), 2 percent. (17) Increase in mileage rate for ground ambulance services In the case of ground ambulance services furnished on or after April 1, 2015, for purposes of determining the fee schedule amount for such services under this subsection, the payment rate for mileage otherwise applicable to such services shall be increased by— (A) with respect to ground ambulance services for which the transportation originates in a qualified rural area, as identified using the methodology described in paragraph (12)(B)(iii), 3 percent; (B) with respect to ground ambulance services for which the transportation originates in a rural area described under paragraph (9) or in a rural census tract described in such paragraph, 3 percent; and (C) with respect to ground ambulance services not described in subparagraph (A) or (B), 2 percent. . (b) Study and report (1) Study The Secretary of Health and Human Services shall conduct a study on how the conversion factor applicable to ground ambulance services under the ambulance fee schedule under section 1834(l) of the Social Security Act ( 42 U.S.C. 1395m(l) ), as adjusted under paragraph (16) of such section (as added by subsection (a)), should be modified, if at all, to take into account the cost of providing services in urban, rural, and super-rural areas. In determining such costs, the Secretary shall use the data collected through the data collection system under paragraph (18) of such section, as added by section 4. (2) Report Not later than January 1, 2019, the Secretary of Health and Human Services shall submit to Congress a report on the study conducted under paragraph (1), together with recommendations for such legislation and administrative action as the Secretary determines appropriate. 3. Prior authorization for ambulance transports of ESRD beneficiaries (a) In general Section 1834(l) of the Social Security Act ( 42 U.S.C. 1395m(l) ), as amended by section 2, is amended by adding at the end the following new paragraph: (18) Prior authorization of coverage for ambulance transports of ESRD beneficiaries (A) Process (i) In general For applicable ESRD ambulance services furnished on or after January 1, 2016, by an ambulance provider, the Secretary shall establish and implement a process under which the Secretary shall determine, in advance of furnishing such a service to an individual, whether payment for such service may not be made because such service is not covered or because of the application of section 1862(a)(1). (ii) Denial of payment Subject to subparagraph (B)(ii)(II), no payment shall be made under this part for the service unless the Secretary determines pursuant to such process that the service meets the applicable requirements for coverage. (B) Elements of process The process described in subparagraph (A) shall include the following elements: (i) In order to obtain a prior authorization, the ambulance provider shall submit— (I) a valid physician certification statement (PCS) for non-emergency ambulance transport; and (II) any other documentation determined appropriate by the Secretary. (ii) (I) The Secretary shall respond to a prior authorization request within 7 business days of receiving the request. (II) If the Secretary does not make a prior authorization determination within 7 business days of the date of the Secretary's receipt of medical documentation needed to make such determination, subparagraph (A)(ii) shall not apply. (iii) In making the determination under subparagraph (A) with respect to a service and individual, the Secretary shall evaluate the medical necessity of the service by determining— (I) whether the individual is unable to get up from bed without assistance, unable to ambulate, and unable to sit in a chair or wheelchair; (II) whether the individual has a medical condition that, regardless of bed confinement, is such that transport by ambulance is medically necessary; or (III) whether the individual meets other criteria as determined appropriate by the Secretary. (iv) If the prior authorization request is approved, such request shall be retroactive to the date on which such request was received. (v) An approved prior authorization shall be valid for a 60-day period. The Secretary may provide for an extension of such period if the Secretary determines such an extension is appropriate. (vi) An approved prior authorization shall be deemed to constitute medical necessity but shall not eliminate the documentation requirements necessary to support a claim for the transport. (vii) Other elements determined appropriate by the Secretary. (C) Reliance upon contractors The Secretary may rely upon contractors to implement the requirements of this paragraph. The contractor’s compensation shall be limited to a demonstration that it has reduced the number of non-emergency basic life support services involving individuals with end-stage renal disease for renal dialysis services (as described in section 1881(b)(14)(B)) furnished other than on an emergency basis. (D) Applicable ESRD ambulance services In this paragraph, the term applicable ESRD ambulance services means ambulance services consisting of non-emergency basic life support services involving transport of an individual with end-stage renal disease for renal dialysis services (as described in section 1881(b)(14)(B)) furnished other than on an emergency basis. (E) Ambulance provider In this paragraph, the term ambulance provider means a provider of services (as defined in section 1861(u)) or other entity that furnishes ambulance services under this title. (F) Implementation (i) In general Subject to clause (ii), the Secretary may carry out this paragraph through program instruction or otherwise. (ii) Sufficient notice to prepare Not later than June 30, 2015, the Secretary shall make the aspects of the process under this paragraph available to the public. . (b) Conforming amendments Section 1834(l) of the Social Security Act ( 42 U.S.C. 1395m(l) ) is amended— (1) in paragraph (1), by striking a supplier or provider or under arrangement with a provider and inserting an ambulance provider (as defined in paragraph (18)(E)) or under arrangement with an ambulance provider ; (2) in paragraph (8), in the matter following subparagraph (B), by striking provider or supplier of ambulance services and inserting ambulance provider (as defined in paragraph (18)(E)) ; (3) in paragraph (9), in the heading, by inserting ambulance after rural ; (4) in paragraph (12), in the heading, by inserting ambulance after rural ; and (5) in each of subparagraphs (B)(ii) and (D)(ii) of paragraph (14), by striking entity and inserting ambulance provider (as defined in paragraph (18)(E)) . 4. Requiring ambulance providers to submit cost and other information Section 1834(l) of the Social Security Act ( 42 U.S.C. 1395m(l) ), as amended by section 3, is amended by adding at the end the following new paragraph: (19) Submission of cost and other information (A) Development of data collection system The Secretary shall develop a data collection system (which may include use of a cost survey and standardized definitions) for providers and suppliers of ambulance services to collect cost, revenue, utilization, and other information determined appropriate by the Secretary. Such system shall be designed to submit information— (i) needed to evaluate the appropriateness of payment rates under this subsection; (ii) on the utilization of capital equipment and ambulance capacity; and (iii) on different types of ambulance services furnished in different geographic locations, including rural areas and low population density areas described in paragraph (12). (B) Specification of data collection system (i) In general Not later than July 1, 2015, the Secretary shall— (I) specify the data collection system under subparagraph (A) and the time period during which such data is required to be submitted; and (II) identify the providers and suppliers of ambulance services who would be required to submit the information under such data collection system. (ii) Respondents Subject to subparagraph (D)(ii), the Secretary shall determine an appropriate sample of providers and suppliers of ambulance services to submit information under the data collection system for each period for which reporting of data is required. (C) Penalty for failure to report cost and other information Beginning on July 1, 2016, a 5-percent reduction to payments under this part shall be made for a 1-year prospective period specified by the Secretary to a provider or supplier of ambulance services who— (i) is identified under subparagraph (B)(i)(II) as being required to submit the information under the data collection system; and (ii) does not submit such information during the period specified under subparagraph (B)(i)(I). (D) Ongoing data collection (i) Revision of data collection system The Secretary may, as determined appropriate, periodically revise the data collection system. (ii) Subsequent data collection In order to continue to evaluate the appropriateness of payment rates under this subsection, the Secretary shall, for years after 2016 (but not less often than once every 3 years), require providers and suppliers of ambulance services to submit information for a period the Secretary determines appropriate. The penalty described in subparagraph (C) shall apply to such subsequent data collection periods. (E) Consultation The Secretary shall consult with stakeholders in carrying out the development of the system and collection of information under this paragraph, including the activities described in subparagraphs (A) and (D). Such consultation shall include the use of requests for information and other mechanisms determined appropriate by the Secretary. (F) Administration Chapter 35 of title 44, United States Code, shall not apply to the collection of information required under this subsection. (G) Limitations on review There shall be no administrative or judicial review under section 1869, section 1878, or otherwise of the data collection system or identification of respondents under this paragraph. (H) Funding for implementation For purposes of carrying out subparagraph (A), the Secretary shall provide for the transfer, from the Federal Supplementary Medical Insurance Trust Fund under section 1841, of $1,000,000 to the Centers for Medicare & Medicaid Services Program Management Account for fiscal year 2015. Amounts transferred under this subparagraph shall remain available until expended. .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5460ih/xml/BILLS-113hr5460ih.xml
|
113-hr-5461
|
I 113th CONGRESS 2d Session H. R. 5461 IN THE HOUSE OF REPRESENTATIVES September 15, 2014 Mr. Barr (for himself, Mr. Gary G. Miller of California , Mr. Huizenga of Michigan , and Mr. David Scott of Georgia ) introduced the following bill; which was referred to the Committee on Financial Services , 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 clarify the application of certain leverage and risk-based requirements under the Dodd-Frank Wall Street Reform and Consumer Protection Act, to improve upon the definitions provided for points and fees in connection with a mortgage transaction, and for other purposes.
1. Table of contents The table of contents for this Act is as follows: Sec. 1. Table of contents. Title I—Insurance Capital Standards Sec. 101. Short title. Sec. 102. Clarification of application of leverage and risk-based capital requirements. Title II—Collateralized loan obligations Sec. 201. Short title. Sec. 202. Rules of construction relating to collateralized loan obligations. Title III—Definition of Points and Fees in Mortgage Transactions Sec. 301. Short title. Sec. 302. Definition of points and fees. Sec. 303. Rulemaking. Title IV—Business Risk Mitigation and Price Stabilization Sec. 401. Short title. Sec. 402. Margin requirements. Sec. 403. Implementation. I Insurance Capital Standards 101. Short title This title may be cited as the Insurance Capital Standards Clarification Act of 2014 . 102. Clarification of application of leverage and risk-based capital requirements Section 171 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5371 ) is amended— (1) in subsection (a), by adding at the end the following: (4) Business of insurance The term business of insurance has the same meaning as in section 1002(3). (5) Person regulated by a state insurance regulator The term person regulated by a State insurance regulator has the same meaning as in section 1002(22). (6) Regulated foreign subsidiary and regulated foreign affiliate The terms regulated foreign subsidiary and regulated foreign affiliate mean a person engaged in the business of insurance in a foreign country that is regulated by a foreign insurance regulatory authority that is a member of the International Association of Insurance Supervisors or other comparable foreign insurance regulatory authority as determined by the Board of Governors following consultation with the State insurance regulators, including the lead State insurance commissioner (or similar State official) of the insurance holding company system as determined by the procedures within the Financial Analysis Handbook adopted by the National Association of Insurance Commissioners, where the person, or its principal United States insurance affiliate, has its principal place of business or is domiciled, but only to the extent that— (A) such person acts in its capacity as a regulated insurance entity; and (B) the Board of Governors does not determine that the capital requirements in a specific foreign jurisdiction are inadequate. (7) Capacity as a regulated insurance entity The term capacity as a regulated insurance entity — (A) includes any action or activity undertaken by a person regulated by a State insurance regulator or a regulated foreign subsidiary or regulated foreign affiliate of such person, as those actions relate to the provision of insurance, or other activities necessary to engage in the business of insurance; and (B) does not include any action or activity, including any financial activity, that is not regulated by a State insurance regulator or a foreign agency or authority and subject to State insurance capital requirements or, in the case of a regulated foreign subsidiary or regulated foreign affiliate, capital requirements imposed by a foreign insurance regulatory authority. ; and (2) by adding at the end the following new subsection: (c) Clarification (1) In general In establishing the minimum leverage capital requirements and minimum risk-based capital requirements on a consolidated basis for a depository institution holding company or a nonbank financial company supervised by the Board of Governors as required under paragraphs (1) and (2) of subsection (b), the appropriate Federal banking agencies shall not be required to include, for any purpose of this section (including in any determination of consolidation), a person regulated by a State insurance regulator or a regulated foreign subsidiary or a regulated foreign affiliate of such person engaged in the business of insurance, to the extent that such person acts in its capacity as a regulated insurance entity. (2) Rule of construction on board’s authority This subsection shall not be construed to prohibit, modify, limit, or otherwise supersede any other provision of Federal law that provides the Board of Governors authority to issue regulations and orders relating to capital requirements for depository institution holding companies or nonbank financial companies supervised by the Board of Governors. (3) Rule of construction on accounting principles (A) In general A depository institution holding company or nonbank financial company supervised by the Board of Governors of the Federal Reserve that is also a person regulated by a State insurance regulator that is engaged in the business of insurance that files financial statements with a State insurance regulator or the National Association of Insurance Commissioners utilizing only Statutory Accounting Principles in accordance with State law, shall not be required by the Board under the authority of this section or the authority of the Home Owners' Loan Act to prepare such financial statements in accordance with Generally Accepted Accounting Principles. (B) Preservation of authority Nothing in subparagraph (A) shall limit the authority of the Board under any other applicable provision of law to conduct any regulatory or supervisory activity of a depository institution holding company or non-bank financial company supervised by the Board of Governors, including the collection or reporting of any information on an entity or group-wide basis. Nothing in this paragraph shall excuse the Board from its obligations to comply with section 161(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5361(a) ) and section 10(b)(2) of the Home Owners' Loan Act ( 12 U.S.C. 1467a(b)(2) ), as appropriate. . II Collateralized loan obligations 201. Short title This title may be cited as the Restoring Proven Financing for American Employers Act . 202. Rules of construction relating to collateralized loan obligations Section 13(g) of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1851(g) ) is amended by adding at the end the following new paragraphs: (4) Collateralized loan obligations (A) Inapplicability to certain collateralized loan obligations Nothing in this section shall be construed to require the divestiture, prior to July 21, 2017, of any debt securities of collateralized loan obligations, if such debt securities were issued before January 31, 2014. (B) Ownership interest with respect to collateralized loan obligations A banking entity shall not be considered to have an ownership interest in a collateralized loan obligation because it acquires, has acquired, or retains a debt security in such collateralized loan obligation if the debt security has no indicia of ownership other than the right of the banking entity to participate in the removal for cause, or in the selection of a replacement after removal for cause or resignation, of an investment manager or investment adviser of the collateralized loan obligation. (C) Definitions For purposes of this paragraph: (i) Collateralized loan obligation The term collateralized loan obligation means any issuing entity of an asset-backed security, as defined in section 3(a)(77) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a)(77) ), that is comprised primarily of commercial loans. (ii) Removal for cause An investment manager or investment adviser shall be deemed to be removed for cause if the investment manager or investment adviser is removed as a result of— (I) a breach of a material term of the applicable management or advisory agreement or the agreement governing the collateralized loan obligation; (II) the inability of the investment manager or investment adviser to continue to perform its obligations under any such agreement; (III) any other action or inaction by the investment manager or investment adviser that has or could reasonably be expected to have a materially adverse effect on the collateralized loan obligation, if the investment manager or investment adviser fails to cure or take reasonable steps to cure such effect within a reasonable time; or (IV) a comparable event or circumstance that threatens, or could reasonably be expected to threaten, the interests of holders of the debt securities. . III Definition of Points and Fees in Mortgage Transactions 301. Short title This title may be cited as the Mortgage Choice Act of 2014 . 302. Definition of points and fees (a) Amendment to section 103 of TILA Section 103(bb)(4) of the Truth in Lending Act ( 15 U.S.C. 1602(bb)(4) ) is amended— (1) by striking paragraph (1)(B) and inserting paragraph (1)(A) and section 129C ; (2) in subparagraph (C)— (A) by inserting and insurance after taxes ; (B) in clause (ii), by inserting , except as retained by a creditor or its affiliate as a result of their participation in an affiliated business arrangement (as defined in section 2(7) of the Real Estate Settlement Procedures Act of 1974 ( 12 U.S.C. 2602(7) ) after compensation ; and (C) by striking clause (iii) and inserting the following: (iii) the charge is— (I) a bona fide third-party charge not retained by the mortgage originator, creditor, or an affiliate of the creditor or mortgage originator; or (II) a charge set forth in section 106(e)(1); ; and (3) in subparagraph (D)— (A) by striking accident, ; and (B) by striking or any payments and inserting and any payments . (b) Amendment to section 129C of TILA Section 129C of the Truth in Lending Act ( 15 U.S.C. 1639c ) is amended— (1) in subsection (a)(5)(C), by striking 103 and all that follows through or mortgage originator and inserting 103(bb)(4) ; and (2) in subsection (b)(2)(C)(i), by striking 103 and all that follows through or mortgage originator) and inserting 103(bb)(4) . 303. Rulemaking Not later than the end of the 90-day period beginning on the date of the enactment of this Act, the Bureau of Consumer Financial Protection shall issue final regulations to carry out the amendments made by this Act, and such regulations shall be effective upon issuance. IV Business Risk Mitigation and Price Stabilization 401. Short title This title may be cited as the Business Risk Mitigation and Price Stabilization Act of 2013 . 402. Margin requirements (a) Commodity Exchange Act amendment Section 4s(e) of the Commodity Exchange Act ( 7 U.S.C. 6s(e) ), as added by section 731 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, is amended by adding at the end the following new paragraph: (4) Applicability with respect to counterparties The requirements of paragraphs (2)(A)(ii) and (2)(B)(ii), including the initial and variation margin requirements imposed by rules adopted pursuant to paragraphs (2)(A)(ii) and (2)(B)(ii), shall not apply to a swap in which a counterparty qualifies for an exception under section 2(h)(7)(A), or an exemption issued under section 4(c)(1) from the requirements of section 2(h)(1)(A) for cooperative entities as defined in such exemption, or satisfies the criteria in section 2(h)(7)(D). . (b) Securities Exchange Act amendment Section 15F(e) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78o–10(e) ), as added by section 764(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, is amended by adding at the end the following new paragraph: (4) Applicability with respect to counterparties The requirements of paragraphs (2)(A)(ii) and (2)(B)(ii) shall not apply to a security-based swap in which a counterparty qualifies for an exception under section 3C(g)(1) or satisfies the criteria in section 3C(g)(4). . 403. Implementation The amendments made by this title to the Commodity Exchange Act shall be implemented— (1) without regard to— (A) chapter 35 of title 44, United States Code; and (B) the notice and comment provisions of section 553 of title 5, United States Code; (2) through the promulgation of an interim final rule, pursuant to which public comment will be sought before a final rule is issued; and (3) such that paragraph (1) shall apply solely to changes to rules and regulations, or proposed rules and regulations, that are limited to and directly a consequence of such amendments.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5461ih/xml/BILLS-113hr5461ih.xml
|
113-hr-5462
|
I 113th CONGRESS 2d Session H. R. 5462 IN THE HOUSE OF REPRESENTATIVES AN ACT To amend title 49, United States Code, to provide for limitations on the fees charged to passengers of air carriers.
1. Limitation on fees charged to passengers of air carriers (a) In general Subsection (c) of section 44940 of title 49, United States Code, is amended to read as follows: (c) Limitation on fee (1) Amount Fees imposed under subsection (a)(1) shall be $5.60 per one-way trip in air transportation or intrastate air transportation that originates at an airport in the United States, except that the fee imposed per round trip shall not exceed $11.20. (2) Definition of round trip In this subsection, the term round trip means a trip on an air travel itinerary that terminates or has a stopover at the origin point (or co-terminal). . (b) Applicability The amendment made by subsection (a) shall apply with respect to a trip in air transportation or intrastate air transportation that is purchased on or after the date of the enactment of this Act.
Passed the House of Representatives September 17, 2014. Karen L. Haas, Clerk.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5462eh/xml/BILLS-113hr5462eh.xml
|
113-hr-5463
|
I 113th CONGRESS 2d Session H. R. 5463 IN THE HOUSE OF REPRESENTATIVES September 15, 2014 Mr. Collins of Georgia introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To suspend military assistance to countries that harbor persons that provide material or financial support to the Islamic State of Iraq and the Levant, and for other purposes.
1. Short title This Act may be cited as the End Financing to ISIL Act . 2. Report on persons that provide material or financial support to ISIL (a) In general Not later than 30 days after the date of the enactment of this Act, and annually thereafter, the Secretary of the Treasury and the Secretary of State shall jointly submit to the appropriate congressional committees a report that contains the following: (1) An identification of each person that provides, directly or indirectly, material or financial support to ISIL, including purchasing oil or other materials that provide funding for ISIL or other terrorist organizations operating in the region. (2) An identification of the country in which such person is located and a description of actions taken by the Secretary of the Treasury and the Secretary of State to notify the government of such country that— (A) such person is located in such country; and (B) such person is providing material or financial support to ISIL or other terrorist organizations operating in the region. (3) A description of actions taken by the government of such country to restrict such person from providing material or financial support to ISIL. (b) Form The report required by subsection (a) may be submitted in classified form to the extent necessary. (c) Appropriate congressional committees In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives; and (2) the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate. 3. Suspension of military assistance to certain countries (a) In general The President shall suspend the provision of assistance described in subsection (b) to the government of a country that is identified in the report submitted under section 2 if the President determines that the government of such country has not taken actions to restrict each person that is located in such country from providing material or financial support to ISIL by not later than the date that is 30 days after the date on which the Secretary of the Treasury or the Secretary of State (as the case may be) has notified the government of the country as described in section 2(a)(2). (b) Assistance described Assistance described in this subsection is assistance under the following provisions of law: (1) Section 21 of the Arms Export Control Act ( 22 U.S.C. 2761 ) (relating to Foreign Military Sales authorizations). (2) Section 23 of the Arms Export Control Act ( 22 U.S.C. 2763 ) (relating to the Foreign Military Financing program). (c) Notification The President shall submit to the Speaker of the House of Representatives and the President pro tempore of the Senate a notification of suspension of the provision of assistance described in subsection (b) to the government of a country under subsection (a) and the reasons therefor. 4. Transactions with countries harboring persons that provide material support for terrorist organizations Chapter 3 of the Arms Export Control Act ( 22 U.S.C. 2771 et seq. ) is amended by adding at the end the following new section: 40B. Transactions with countries harboring persons that provide material support for terrorist organizations (a) In general Except to the extent inconsistent with the purposes of this section, the prohibitions contained in subsections (a) and (b) of section 40 of this Act shall apply in the case of a country described in subsection (b) to the same extent and in the same manner as such prohibitions apply in the case of a country described in subsection (d) of such section. (b) Country described (1) In general A country described in this subsection is a country the government of which the Secretary of State determines has knowledge of any persons that are located within the territory of the country that provide material support for terrorist organizations, including the selling of materials that produce income for terrorist organizations. (2) Person defined In this paragraph, the term person has the meaning given the term in section 5 of the End Financing to ISIL Act. (c) Applicability of other provisions Except to the extent inconsistent with the purposes of this section, the provisions of subsections (e), (f), (g) (other than paragraph (2) of such subsection), (h), (i), (j), (k), and (l) (other than paragraphs (1), (4), and (5) of such subsection) of section 40 of this Act shall apply with respect to the application of this section to the same extent and in the same manner as such provisions apply with respect to the application of such section 40. . 5. Definitions In this Act: (1) ISIL The term ISIL means any terrorist organization referred to as the Islamic State of Iraq and the Levant, as well as any successor organization. (2) Person (A) In general The term person means— (i) a natural person; (ii) a corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and (iii) any successor to any entity described in clause (ii). (B) Application to governmental entities The term person does not include a government or governmental entity that is not operating as a business enterprise.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5463ih/xml/BILLS-113hr5463ih.xml
|
113-hr-5464
|
I 113th CONGRESS 2d Session H. R. 5464 IN THE HOUSE OF REPRESENTATIVES September 15, 2014 Ms. DeLauro (for herself, Mrs. Lowey , Ms. Roybal-Allard , Ms. Lee of California , and Mr. Honda ) introduced the following bill; which was referred to the Committee on Appropriations A BILL Making appropriations for Departments of Labor, Health and Human Services, and Education, and related agencies for the fiscal year ending September 30, 2015, and for other purposes.
That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Departments of Labor, Health and Human Services, and Education, and related agencies for the fiscal year ending September 30, 2015, and for other purposes, namely: I Department of Labor Employment and training administration Training and employment services (Including transfer of funds) For necessary expenses of the Workforce Innovation and Opportunity Act ( Public Law 113–128 ) (referred to in this Act as WIOA ), the Second Chance Act of 2007, and the Women in Apprenticeship and Non-Traditional Occupations Act of 1992 ( WANTO Act ), $3,146,743,000, plus reimbursements, shall be available. Of the amounts provided: (1) for grants to States for adult employment and training activities, youth activities, and dislocated worker employment and training activities, $2,624,108,000 as follows: (A) $776,736,000 for adult employment and training activities, of which $64,736,000 shall be available for the period July 1, 2015 through June 30, 2016, and of which $712,000,000 shall be available for the period October 1, 2015 through June 30, 2016; (B) $831,842,000 for youth activities, which shall be available for the period April 1, 2015 through June 30, 2016; and (C) $1,015,530,000 for dislocated worker employment and training activities, of which $155,530,000 shall be available for the period July 1, 2015 through June 30, 2016, and of which $860,000,000 shall be available for the period October 1, 2015 through June 30, 2016: Provided, That notwithstanding section 128(a)(1) of the WIOA, the amount available to the Governor for statewide workforce investment activities shall not exceed 10 percent of the amount allotted to the State from each of the appropriations under the preceding subparagraphs; (2) for federally administered programs, $433,397,000 as follows: (A) $220,859,000 for the dislocated workers assistance national reserve, of which $20,859,000 shall be available for the period July 1, 2015 through September 30, 2016, and of which $200,000,000 shall be available for the period October 1, 2015 through September 30, 2016: Provided , That funds provided to carry out section 132(a)(2)(A) of the WIOA section may be used to provide assistance to a State for statewide or local use in order to address cases where there have been worker dislocations across multiple sectors or across multiple local areas and such workers remain dislocated; coordinate the State workforce development plan with emerging economic development needs; and train such eligible dislocated workers: Provided further , That funds provided to carry out sections 168(b) and 169(c) of the WIOA may be used for technical assistance to the workforce system and demonstration projects, respectively, that provide assistance to new entrants in the workforce, adults without employment who are not dislocated workers, and incumbent workers (B) $47,562,000 for Native American programs, which shall be available for the period July 1, 2015 through June 30, 2016; (C) $84,291,000 for migrant and seasonal farmworker programs under section 167 of the WIOA, including $78,207,000 for formula grants (of which not less than 70 percent shall be for employment and training services), $5,584,000 for migrant and seasonal housing (of which not less than 70 percent shall be for permanent housing), and $500,000 for other discretionary purposes, which shall be available for the period July 1, 2015 through June 30, 2016: Provided , That notwithstanding any other provision of law or related regulation, the Department of Labor shall take no action limiting the number or proportion of eligible participants receiving related assistance services or discouraging grantees from providing such services; (D) $996,000 for carrying out the WANTO Act, which shall be available for the period July 1, 2015 through June 30, 2016; and (E) $79,689,000 for YouthBuild activities as described in section 171 of the WIOA, which shall be available for the period April 1, 2015 through June 30, 2016; (3) for national activities, $89,238,000, as follows: (A) $83,238,000 for ex-offender activities, under the authority of section 169 of the WIOA and section 212 of the Second Chance Act of 2007, which shall be available for the period April 1, 2015 through June 30, 2016: Provided , That of this amount, $20,000,000 shall be for competitive grants to national and regional intermediaries for activities that prepare young ex-offenders and school dropouts for employment, with a priority for projects serving high-crime, high-poverty areas; and (B) $6,000,000 for the Workforce Data Quality Initiative, under the authority of section 169 of the WIOA, which shall be available for the period July 1, 2015 through June 30, 2016. Job Corps (including transfer of funds) To carry out subtitle C of title I of the WIOA, including Federal administrative expenses, the purchase and hire of passenger motor vehicles, the construction, alteration, and repairs of buildings and other facilities, and the purchase of real property for training centers as authorized by the WIOA, $1,702,946,000, plus reimbursements, as follows: (1) $1,595,616,000 for Job Corps Operations, which shall be available for the period July 1, 2015 through June 30, 2016; (2) $75,000,000 for construction, rehabilitation and acquisition of Job Corps Centers, which shall be available for the period July 1, 2015 through June 30, 2018, and which may include the acquisition, maintenance, and repair of major items of equipment: Provided , That the Secretary may transfer up to 15 percent of such funds to meet the operational needs of such centers or to achieve administrative efficiencies: Provided further , That any funds transferred pursuant to the preceding proviso shall not be available for obligation after June 30, 2016: Provided further , That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer; and (3) $32,330,000 for necessary expenses of Job Corps, which shall be available for obligation for the period October 1, 2014 through September 30, 2015: Provided further , That no funds from any other appropriation shall be used to provide meal services at or for Job Corps centers. Community service employment for older americans To carry out title V of the Older Americans Act of 1965 (referred to in this Act as OAA ), $448,251,000, which shall be available for the period July 1, 2015 through June 30, 2016, and may be recaptured and reobligated in accordance with section 517(c) of the OAA. Federal unemployment benefits and allowances For payments during fiscal year 2015 of trade adjustment benefit payments and allowances under part I of subchapter B of chapter 2 of title II of the Trade Act of 1974 , and section 246 of that Act; and for training, employment and case management services, allowances for job search and relocation, and related State administrative expenses under part II of subchapter B of chapter 2 of title II of the Trade Act of 1974, and including benefit payments, allowances, training, employment and case management services, and related State administration provided pursuant to section 231(a) and section 233(b) of the Trade Adjustment Assistance Extension Act of 2011, $710,600,000, together with such amounts as may be necessary to be charged to the subsequent appropriation for payments for any period subsequent to September 15, 2015: Provided , That amounts allocated to States to carry out training, employment and case management services, allowances for job search and relocation, and related State administrative expenses may be recaptured and reobligated in accordance with section 245(c) of the Trade Act of 1974. State unemployment insurance and employment service operations For authorized administrative expenses, $122,638,000, together with not to exceed $3,569,889,000 which may be expended from the Employment Security Administration Account in the Unemployment Trust Fund ( the Trust Fund ), of which: (1) $2,830,443,000 from the Trust Fund is for grants to States for the administration of State unemployment insurance laws as authorized under title III of the Social Security Act (including not less than $132,650,000 to conduct in-person reemployment and eligibility assessments and unemployment insurance improper payment reviews, and to provide reemployment services and referrals to training as appropriate, $10,000,000 for activities to address the misclassification of workers, and $3,000,000 for continued support of the Unemployment Insurance Integrity Center of Excellence), the administration of unemployment insurance for Federal employees and for ex-service members as authorized under 5 U.S.C. 8501–8523 , and the administration of trade readjustment allowances, reemployment trade adjustment assistance, and alternative trade adjustment assistance under the Trade Act of 1974 and under sections 231(a) and 233(b) of the Trade Adjustment Assistance Extension Act of 2011 ( Public Law 112–40 ), and shall be available for obligation by the States through December 31, 2015, except that funds used for automation acquisitions shall be available for Federal obligation through December 31, 2015, and for State obligation through September 30, 2017, or, if the automation acquisition is being carried out through consortia of States, for State obligation through September 30, 2020, and for expenditure through September 30, 2021, and funds for competitive grants awarded to States for improved operations, to conduct in-person assessments and reviews and provide reemployment services and referrals, and to address misclassification of workers shall be available for Federal obligation through December 31, 2015 and for obligation by the States through September 30, 2017, and funds used for unemployment insurance workloads experienced by the States through September 30, 2015 shall be available for Federal obligation through December 31, 2015: Provided , That from the amount specified under this paragraph for in-person reemployment and eligibility assessments and unemployment insurance improper payment reviews and to provide reemployment services and referrals to training, the Secretary of Labor (referred to in this title as Secretary ) shall ensure that sufficient amounts are dedicated to provide such assessments, reviews, services, and referrals to all claimants of unemployment insurance for ex-service members under 5 U.S.C. 8521 et seq. and to identify the factors impeding the employment of such ex-service members; (2) $14,547,000 from the Trust Fund is for national activities necessary to support the administration of the Federal-State unemployment insurance system; (3) $642,771,000 from the Trust Fund, together with $59,165,000 from the General Fund of the Treasury, is for grants to States in accordance with section 6 of the Wagner-Peyser Act, and shall be available for Federal obligation for the period July 1, 2015 through June 30, 2016; (4) $19,818,000 from the Trust Fund is for national activities of the Employment Service, including administration of the work opportunity tax credit under section 51 of the Internal Revenue Code of 1986, and the provision of technical assistance and staff training under the Wagner-Peyser Act; (5) $62,310,000 from the Trust Fund is for the administration of foreign labor certifications and related activities under the Immigration and Nationality Act and related laws, of which $48,028,000 shall be available for the Federal administration of such activities, and $14,282,000 shall be available for grants to States for the administration of such activities; and (6) $63,473,000 from the General Fund is to provide workforce information, national electronic tools, and one-stop system building under the Wagner-Peyser Act and section 169 of the WIOA and shall be available for Federal obligation for the period July 1, 2015 through June 30, 2016: Provided , That to the extent that the Average Weekly Insured Unemployment ( AWIU ) for fiscal year 2015 is projected by the Department of Labor to exceed 2,957,000, an additional $28,600,000 from the Trust Fund shall be available for obligation for every 100,000 increase in the AWIU level (including a pro rata amount for any increment less than 100,000) to carry out title III of the Social Security Act : Provided further , That funds appropriated in this Act that are allotted to a State to carry out activities under title III of the Social Security Act may be used by such State to assist other States in carrying out activities under such title III if the other States include areas that have suffered a major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act: Provided further , That the Secretary may use funds appropriated for grants to States under title III of the Social Security Act to make payments on behalf of States for the use of the National Directory of New Hires under section 453(j)(8) of such Act: Provided further , That the Secretary may use funds appropriated for grants to States under title III of the Social Security Act to make payments on behalf of States to the entity operating the State Information Data Act to make payments on behalf of States to the entity operating the State Information Data Exchange System: Provided further , That funds appropriated in this Act which are used to establish a national one-stop career center system, or which are used to support the national activities of the Federal-State unemployment insurance, employment service, or immigration programs, may be obligated in contracts, grants, or agreements with States and non-State entities: Provided further , That States awarded competitive grants for improved operations under title III of the Social Security Act, or awarded grants to support the national activities of the Federal-State unemployment insurance system, may award subgrants to other States under such grants, subject to the conditions applicable to the grants: Provided further , That funds appropriated under this Act for activities authorized under title III of the Social Security Act and the Wagner-Peyser Act may be used by States to fund integrated Unemployment Insurance and Employment Service automation efforts, notwithstanding cost allocation principles prescribed under the Office of Management and Budget Circular A–87: Provided further, That the Secretary, at the request of a State participating in a consortium with other States, may reallot funds allotted to such State under title III of the Social Security Act to other States participating in the consortium in order to carry out activities that benefit the administration of the unemployment compensation law of the State making the request: Provided further , That the Secretary may collect fees for the costs associated with additional data collection, analyses, and reporting services relating to the National Agricultural Workers Survey requested by State and local governments, public and private institutions of higher education, and non-profit organizations and may utilize such sums, in accordance with the provisions of 29 U.S.C. 9a , for the National Agricultural Workers Survey infrastructure, methodology, and data to meet the information collection and reporting needs of such entities, which shall be credited to this appropriation and shall remain available until September 30, 2016, for such purposes. In addition, $25,000,000 from the Employment Security Administration Account of the Unemployment Trust Fund shall be available for in-person reemployment and eligibility assessments and unemployment insurance improper payment reviews and to provide reemployment services and referrals to training as appropriate, which shall be available for Federal obligations through December 31, 2015, and for State obligation through September 30, 2017. state paid leave fund For grants and contracts to assist in the start-up of new paid leave programs in the States, $5,000,000. Advances to the unemployment trust fund and other funds For repayable advances to the Unemployment Trust Fund as authorized by sections 905(d) and 1203 of the Social Security Act , and to the Black Lung Disability Trust Fund as authorized by section 9501(c)(1) of the Internal Revenue Code of 1986; and for nonrepayable advances to the revolving fund established by section 901(e) of the Social Security Act, to the Unemployment Trust Fund as authorized by 5 U.S.C. 8509 , and to the Federal Unemployment Benefits and Allowances account, such sums as may be necessary, which shall be available for obligation through September 30, 2016. Program administration For expenses of administering employment and training programs, $106,505,000, together with not to exceed $50,674,000 which may be expended from the Employment Security Administration Account in the Unemployment Trust Fund. Employee benefits security administration Salaries and expenses For necessary expenses for the Employee Benefits Security Administration, $183,153,000. Pension Benefit Guaranty Corporation Pension benefit guaranty corporation fund The Pension Benefit Guaranty Corporation ( Corporation ) is authorized to make such expenditures, including financial assistance authorized by subtitle E of title IV of the Employee Retirement Income Security Act of 1974, within limits of funds and borrowing authority available to the Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations, as provided by 31 U.S.C. 9104 , as may be necessary in carrying out the program, including associated administrative expenses, through September 30, 2015, for the Corporation: Provided , That none of the funds available to the Corporation for fiscal year 2015 shall be available for obligations for administrative expenses in excess of $415,394,000: Provided further , That to the extent that the number of new plan participants in plans terminated by the Corporation exceeds 100,000 in fiscal year 2015, an amount not to exceed an additional $9,200,000 shall be available through September 30, 2016, for obligation for administrative expenses for every 20,000 additional terminated participants: Provided further , That obligations in excess of the amounts provided in this paragraph may be incurred for unforeseen and extraordinary pretermination expenses or extraordinary multiemployer program related expenses after approval by the Office of Management and Budget and notification of the Committees on Appropriations of the House of Representatives and the Senate. Wage and Hour Division Salaries and expenses For necessary expenses for the Wage and Hour Division, including reimbursement to State, Federal, and local agencies and their employees for inspection services rendered, $237,330,000. Office of Labor-Management Standards Salaries and expenses For necessary expenses for the Office of Labor-Management Standards, $41,289,000. Office of Federal Contract Compliance Programs Salaries and expenses For necessary expenses for the Office of Federal Contract Compliance Programs, $107,903,000. Office of Workers' Compensation Programs Salaries and expenses For necessary expenses for the Office of Workers' Compensation Programs, $115,663,000, together with $2,177,000 which may be expended from the Special Fund in accordance with sections 39(c), 44(d), and 44(j) of the Longshore and Harbor Workers' Compensation Act. Special benefits (including transfer of funds) For the payment of compensation, benefits, and expenses (except administrative expenses) accruing during the current or any prior fiscal year authorized by 5 U.S.C. 81 ; continuation of benefits as provided for under the heading Civilian War Benefits in the Federal Security Agency Appropriation Act, 1947; the Employees' Compensation Commission Appropriation Act, 1944; sections 4(c) and 5(f) of the War Claims Act of 1948; and 50 percent of the additional compensation and benefits required by section 10(h) of the Longshore and Harbor Workers' Compensation Act, $210,000,000, together with such amounts as may be necessary to be charged to the subsequent year appropriation for the payment of compensation and other benefits for any period subsequent to August 15 of the current year: Provided , That amounts appropriated may be used under 5 U.S.C. 8104 by the Secretary to reimburse an employer, who is not the employer at the time of injury, for portions of the salary of a re-employed, disabled beneficiary: Provided further , That balances of reimbursements unobligated on September 30, 2014, shall remain available until expended for the payment of compensation, benefits, and expenses: Provided further , That in addition there shall be transferred to this appropriation from the Postal Service and from any other corporation or instrumentality required under 5 U.S.C. 8147(c) to pay an amount for its fair share of the cost of administration, such sums as the Secretary determines to be the cost of administration for employees of such fair share entities through September 30, 2015: Provided further , That of those funds transferred to this account from the fair share entities to pay the cost of administration of the Federal Employees' Compensation Act, $60,334,000 shall be made available to the Secretary as follows: (1) For enhancement and maintenance of automated data processing systems operations and telecommunications systems, $19,499,000; (2) For automated workload processing operations, including document imaging, centralized mail intake, and medical bill processing, $22,968,000; (3) For periodic roll disability management and medical review, $16,482,000; (4) For program integrity, $1,385,000; and (5) The remaining funds shall be paid into the Treasury as miscellaneous receipts: Provided further , That the Secretary may require that any person filing a notice of injury or a claim for benefits under 5 U.S.C. 81 , or the Longshore and Harbor Workers' Compensation Act, provide as part of such notice and claim, such identifying information (including Social Security account number) as such regulations may prescribe. Special benefits for disabled coal miners For carrying out title IV of the Federal Mine Safety and Health Act of 1977, as amended by Public Law 107–275 , $77,262,000, to remain available until expended. For making after July 31 of the current fiscal year, benefit payments to individuals under title IV of such Act, for costs incurred in the current fiscal year, such amounts as may be necessary. For making benefit payments under title IV for the first quarter of fiscal year 2016, $21,000,000, to remain available until expended. Administrative expenses, energy employees occupational illness compensation fund For necessary expenses to administer the Energy Employees Occupational Illness Compensation Program Act, $56,406,000, to remain available until expended: Provided , That the Secretary may require that any person filing a claim for benefits under the Act provide as part of such claim such identifying information (including Social Security account number) as may be prescribed. Black lung disability trust fund (including transfer of funds) Such sums as may be necessary from the Black Lung Disability Trust Fund (the Fund ), to remain available until expended, for payment of all benefits authorized by section 9501(d) (1), (2), (6), and (7) of the Internal Revenue Code of 1986; and repayment of, and payment of interest on advances, as authorized by section 9501(d)(4) of that Act. In addition, the following amounts may be expended from the Fund for fiscal year 2015 for expenses of operation and administration of the Black Lung Benefits program, as authorized by section 9501(d)(5): not to exceed $33,321,000 for transfer to the Office of Workers’ Compensation Programs, Salaries and Expenses ; not to exceed $30,403,000 for transfer to Departmental Management, Salaries and Expenses ; not to exceed $327,000 for transfer to Departmental Management, Office of Inspector General ; and not to exceed $356,000 for payments into miscellaneous receipts for the expenses of the Department of the Treasury. Occupational safety and health administration Salaries and expenses For necessary expenses for the Occupational Safety and Health Administration, $564,788,000, including not to exceed $104,196,000 which shall be the maximum amount available for grants to States under section 23(g) of the Occupational Safety and Health Act (the Act ), which grants shall be no less than 50 percent of the costs of State occupational safety and health programs required to be incurred under plans approved by the Secretary under section 18 of the Act; and, in addition, notwithstanding 31 U.S.C. 3302 , the Occupational Safety and Health Administration may retain up to $499,000 per fiscal year of training institute course tuition and fees, otherwise authorized by law to be collected, and may utilize such sums for occupational safety and health training and education: Provided , That notwithstanding 31 U.S.C. 3302 , the Secretary is authorized, during the fiscal year ending September 30, 2015, to collect and retain fees for services provided to Nationally Recognized Testing Laboratories, and may utilize such sums, in accordance with the provisions of 29 U.S.C. 9a , to administer national and international laboratory recognition programs that ensure the safety of equipment and products used by workers in the workplace: Provided further , That none of the funds appropriated under this paragraph shall be obligated or expended to prescribe, issue, administer, or enforce any standard, rule, regulation, or order under the Act which is applicable to any person who is engaged in a farming operation which does not maintain a temporary labor camp and employs 10 or fewer employees: Provided further , That no funds appropriated under this paragraph shall be obligated or expended to administer or enforce any standard, rule, regulation, or order under the Act with respect to any employer of 10 or fewer employees who is included within a category having a Days Away, Restricted, or Transferred ( DART ) occupational injury and illness rate, at the most precise industrial classification code for which such data are published, less than the national average rate as such rates are most recently published by the Secretary, acting through the Bureau of Labor Statistics, in accordance with section 24 of the Act, except— (1) to provide, as authorized by the Act, consultation, technical assistance, educational and training services, and to conduct surveys and studies; (2) to conduct an inspection or investigation in response to an employee complaint, to issue a citation for violations found during such inspection, and to assess a penalty for violations which are not corrected within a reasonable abatement period and for any willful violations found; (3) to take any action authorized by the Act with respect to imminent dangers; (4) to take any action authorized by the Act with respect to health hazards; (5) to take any action authorized by the Act with respect to a report of an employment accident which is fatal to one or more employees or which results in hospitalization of two or more employees, and to take any action pursuant to such investigation authorized by the Act; (6) to take any action authorized by the Act with respect to complaints of discrimination against employees for exercising rights under the Act; and (7) to take any action authorized by the Act with respect to certain employers with a low DART rate and employing 10 or fewer employees within the past 12 months, that operate processes where the potential for a catastrophic chemical incident exists, defined as any establishment that operates a process covered by OSHA's Process Safety of Highly Hazardous Chemicals standard (29 CFR 1910.119) or the Environmental Protection Agency's Chemical Accident Prevention Provisions (40 CFR 68), except that this subparagraph (7) shall not apply to employers conducting farming, harvesting, or processing operations on farms: Provided further , That the foregoing proviso shall not apply to any person who is engaged in a farming operation which does not maintain a temporary labor camp and employs 10 or fewer employees: Provided further , That $10,709,000 shall be available for Susan Harwood training grants. Mine safety and health administration Salaries and expenses For necessary expenses for the Mine Safety and Health Administration, $376,371,000, including purchase and bestowal of certificates and trophies in connection with mine rescue and first-aid work, and the hire of passenger motor vehicles, including up to $2,000,000 for mine rescue and recovery activities: Provided , That notwithstanding 31 U.S.C. 3302 , not to exceed $750,000 may be collected by the National Mine Health and Safety Academy for room, board, tuition, and the sale of training materials, otherwise authorized by law to be collected, to be available for mine safety and health education and training activities: Provided further , That notwithstanding 31 U.S.C. 3302 , the Mine Safety and Health Administration is authorized to collect and retain up to $2,499,000 from fees collected for the approval and certification of equipment, materials, and explosives for use in mines, and may utilize such sums for such activities: Provided further , That notwithstanding 31 U.S.C. 3302 , the Mine Safety and Health Administration is authorized to collect and retain fees for services related to the analysis of rock dust samples, and may utilize such sums to administer such activities: Provided further , That the Secretary is authorized to accept lands, buildings, equipment, and other contributions from public and private sources and to prosecute projects in cooperation with other agencies, Federal, State, or private: Provided further , That the Mine Safety and Health Administration is authorized to promote health and safety education and training in the mining community through cooperative programs with States, industry, and safety associations: Provided further , That the Secretary is authorized to recognize the Joseph A. Holmes Safety Association as a principal safety association and, notwithstanding any other provision of law, may provide funds and, with or without reimbursement, personnel, including service of Mine Safety and Health Administration officials as officers in local chapters or in the national organization: Provided further , That any funds available to the Department of Labor may be used, with the approval of the Secretary, to provide for the costs of mine rescue and survival operations in the event of a major disaster: Provided further , That the Secretary may reallocate among the items funded under this heading up to $3,000,000 to support inspections or investigations pursuant to section 103 of the Federal Mine Safety and Health Act of 1977. Bureau of labor statistics Salaries and expenses For necessary expenses for the Bureau of Labor Statistics, including advances or reimbursements to State, Federal, and local agencies and their employees for services rendered, $544,071,000, together with not to exceed $65,000,000 which may be expended from the Employment Security Administration account in the Unemployment Trust Fund. Office of disability employment policy Salaries and expenses For necessary expenses for the Office of Disability Employment Policy to provide leadership, develop policy and initiatives, and award grants furthering the objective of eliminating barriers to the training and employment of people with disabilities, $41,745,000. Departmental management Salaries and expenses (Including transfer of funds) For necessary expenses for Departmental Management, including the hire of three passenger motor vehicles, $341,328,000, together with not to exceed $308,000, which may be expended from the Employment Security Administration account in the Unemployment Trust Fund: Provided , That $65,815,000 for the Bureau of International Labor Affairs shall be available for obligation through December 31, 2015: Provided further , That funds available to the Bureau of International Labor Affairs may be used to administer or operate international labor activities, bilateral and multilateral technical assistance, and microfinance programs, by or through contracts, grants, subgrants and other arrangements: Provided further , That Provided further , That $8,040,000 shall be used for program evaluation and shall be available for obligation through September 30, 2016: Provided further, That funds available for program evaluation may be transferred to any other appropriate account in the Department for such purpose: Provided further, That the funds available to the Women's Bureau may be used for grants to serve and promote the interests of women in the workforce. Veterans employment and training Not to exceed $231,872,000 may be derived from the Employment Security Administration account in the Unemployment Trust Fund to carry out the provisions of chapters 41, 42, and 43 of title 38, United States Code, of which: (1) $175,000,000 is for Jobs for Veterans State grants under 38 U.S.C. 4102A(b)(5) to support disabled veterans' outreach program specialists under section 4103A of such title and local veterans' employment representatives under section 4104(b) of such title, and for the expenses described in section 4102A(b)(5)(C), which shall be available for obligation by the States through December 31, 2015 and not to exceed 3 percent for the necessary Federal expenditures for data systems and contract support to allow for the tracking of participant and performance information: Provided , That, in addition, such funds may be used to support such specialists and representatives in the provision of services to transitioning members of the Armed Forces who have participated in the Transition Assistance Program and have been identified as in need of intensive services, to members of the Armed Forces who are wounded, ill, or injured and receiving treatment in military treatment facilities or warrior transition units, and to the spouses or other family caregivers of such wounded, ill, or injured members; (2) $14,000,000 is for carrying out the Transition Assistance Program under 38 U.S.C. 4113 and 10 U.S.C. 1144 ; (3) $39,458,000 is for Federal administration of chapters 41, 42, and 43 of title 38, United States Code; and (4) $3,414,000 is for the National Veterans' Employment and Training Services Institute under 38 U.S.C. 4109: Provided further , That the Secretary may reallocate among the appropriations provided under paragraphs (1) through (4) above an amount not to exceed 3 percent of the appropriation from which such reallocation is made. In addition, from the General Fund of the Treasury, $38,109,000 is for carrying out programs to assist homeless veterans and veterans at risk of homelessness who are transitioning from certain institutions under sections 2021, 2021A, and 2023 of title 38, United States Code: Provided , That notwithstanding subsections (c)(3) and (d) of section 2023, the Secretary may award grants through September 30, 2015, to provide services under such section: Provided further , That services provided under section 2023 may include, in addition to services to the individuals described in subsection (e) of such section, services to veterans recently released from incarceration who are at risk of homelessness. IT modernization For necessary expenses for Department of Labor centralized infrastructure technology investment activities related to support systems and modernization, $19,778,000. Office of inspector general For salaries and expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $76,721,000, together with not to exceed $5,590,000 which may be expended from the Employment Security Administration account in the Unemployment Trust Fund. General provisions (transfer of funds) 101. Not to exceed 1 percent of any discretionary funds (pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985) which are appropriated for the current fiscal year for the Department of Labor in this Act may be transferred between a program, project, or activity, but no such program, project, or activity shall be increased by more than 3 percent by any such transfer: Provided , That the transfer authority granted by this section shall not be used to create any new program or to fund any project or activity for which no funds are provided in this Act: Provided further , That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer. 102. In accordance with Executive Order 13126, none of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended for the procurement of goods mined, produced, manufactured, or harvested or services rendered, in whole or in part, by forced or indentured child labor in industries and host countries already identified by the United States Department of Labor prior to enactment of this Act. 103. None of the funds made available to the Department of Labor for grants under section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 may be used for any purpose other than competitive grants for training individuals over the age of 16 who are not currently enrolled in school within a local educational agency in the occupations and industries for which employers are using H–1B visas to hire foreign workers, and the related activities necessary to support such training: Provided , That the preceding limitation shall not apply to funding provided pursuant to solicitations for grant applications issued prior to January 15, 2014. 104. None of the funds made available by this Act under the heading Employment and Training Administration shall be used by a recipient or subrecipient of such funds to pay the salary and bonuses of an individual, either as direct costs or any proration as an indirect cost, at a rate in excess of Executive Level II. This limitation shall not apply to vendors providing goods and services as defined in Office of Management and Budget Circular A–133. Where States are recipients of such funds, States may establish a lower limit for salaries and bonuses of those receiving salaries and bonuses from subrecipients of such funds, taking into account factors including the relative cost-of-living in the State, the compensation levels for comparable State or local government employees, and the size of the organizations that administer Federal programs involved including Employment and Training Administration programs. (Including Transfer of Funds) 105. Notwithstanding section 101, the Secretary may transfer funds made available to the Employment and Training Administration by this Act, either directly or through a set-aside, for technical assistance services to grantees to Program Administration when it is determined that those services will be more efficiently performed by Federal employees: Provided , That this section shall not apply to section 171 of the WIOA. (including transfer of funds) 106. (a) The Secretary may reserve not more than 0.5 percent from each appropriation made available in this Act identified in subsection (b) in order to carry out evaluations of any of the programs or activities that are funded under such accounts. Any funds reserved under this section shall be transferred to Departmental Management for use by the Office of the Chief Evaluation Officer within the Department of Labor, and shall be available for obligation through September 30, 2016: Provided , That such funds shall only be available if the Chief Evaluation Officer of the Department of Labor submits a plan to the Committees on Appropriations of the House of Representatives and the Senate describing the evaluations to be carried out 15 days in advance of any transfer. (b) The accounts referred to in subsection (a) are: Training and Employment Services , Job Corps , Community Service Employment for Older Americans , State Unemployment Insurance and Employment Service Operations , Employee Benefits Security Administration , Office of Workers' Compensation Programs , Wage and Hour Division , Office of Federal Contract Compliance Programs , Office of Labor Management Standards , Occupational Safety and Health Administration , Mine Safety and Health Administration , funding made available to the Bureau of International Affairs and Women's Bureau within the Departmental Management, Salaries and Expenses account, and Veterans Employment and Training . 107. The Secretary shall continue to be consulted by the Secretary of Homeland Security, in fiscal year 2015 and thereafter, on the question of importing any nonimmigrant under the H–2B program, and the Secretary of Labor is continued to be authorized as part of that consultation to issue labor market determinations, including temporary labor certifications, and to establish regulations and policies for such issuance, including determining the appropriate prevailing wage rates for occupations in which H–2B nonimmigrants will be employed. 108. None of the funds made available by this Act may be used by the Pension Benefit Guaranty Corporation to take any action in connection with any asserted liability under subsection (e) of section 4062 of the Employee Retirement Income Security Act of 1974. (Including transfer of funds) 109. (a) The Secretary may reserve not more than 0.25 percent from each appropriation made available in this Act identified in subsection (b) in order to carry out information technology purchases and upgrades for any of the programs or activities that are funded under such accounts. Any funds reserved under this section shall be transferred to Departmental Management for use by the Office of the Chief Information Officer within the Department of Labor, and shall be available for obligation through September 30, 2016: Provided , That such funds shall only be available if the Chief Information Officer of the Department of Labor submits a plan to the Committees on Appropriations of the House of Representatives and the Senate describing the purchases and upgrades to be carried out and an explanation of why funds are not needed in the donor account 15 days in advance of any transfer. (b) The accounts referred to in subsection (a) are: Employment and Training Administration Program Administration , funding made available for Federal administration within Job Corps , Foreign Labor Certification Program Administration , Employee Benefits Security Administration , Office of Workers' Compensation Programs , Wage and Hour Division , Office of Federal Contract Compliance Programs , Office of Labor Management Standards , Occupational Safety and Health Administration , Mine Safety and Health Administration , Veterans Employment and Training , Bureau of Labor Statistics , and Office of Disability Employment Policy . This title may be cited as the Department of Labor Appropriations Act, 2015 . II Department of health and human services Health resources and services administration Primary health care For carrying out titles II and III of the Public Health Service Act (referred to in this Act as the PHS Act ) with respect to primary health care and the Native Hawaiian Health Care Act of 1988, $1,491,522,000: Provided , That no more than $40,000 shall be available until expended for carrying out the provisions of section 224(o) of the PHS Act, including associated administrative expenses and relevant evaluations: Provided further , That no more than $99,893,000 shall be available until expended for carrying out the provisions of Public Law 104–73 and for expenses incurred by the Department of Health and Human Services (referred to in this Act as HHS ) pertaining to administrative claims made under such law: Provided further , That of funds provided for the Health Centers program, as defined by section 330 of the PHS Act, by this Act or any other Act for fiscal year 2015, not less than $140,000,000 shall be obligated in fiscal year 2015 as base grant adjustments, not less than $1,000,000,000 shall be obligated in fiscal year 2015 to support new access points including approved and unfunded applications from fiscal year 2014, grants to expand medical services, behavioral health, oral health, pharmacy, and vision services, and up to $210,000,000 shall be obligated in fiscal year 2015 for construction, and quality and capital improvement costs. Health workforce For carrying out titles III, VII, and VIII of the PHS Act with respect to the health workforce, section 1128E of the Social Security Act, and the Health Care Quality Improvement Act of 1986, $866,257,000: Provided , That $100,000,000, to remain available until expended, shall be for the National Health Service Corp Program; Provided further, That sections 747(c)(2), 751(j)(2), 762(k), and the proportional funding amounts in paragraphs (1) through (4) of section 756(e) of the PHS Act shall not apply to funds made available under this heading: Provided further , That for any program operating under section 751 of the PHS Act on or before January 1, 2009, the Secretary may hereafter waive any of the requirements contained in sections 751(d)(2)(A) and 751(d)(2)(B) of such Act for the full project period of a grant under such section: Provided further , That no funds shall be available for Section 340G–1 of the PHS Act: Provided further , That fees collected for the disclosure of information under section 427(b) of the Health Care Quality Improvement Act of 1986 and sections 1128E(d)(2) and 1921 of the Social Security Act shall be sufficient to recover the full costs of operating the programs authorized by such sections and shall remain available until expended for the National Practitioner Data Bank: Provided further , That funds transferred to this account to carry out section 846 and subpart 3 of part D of title III of the PHS Act may be used to make prior year adjustments to awards made under such sections. Maternal and child health For carrying out titles III, XI, XII, and XIX of the PHS Act with respect to maternal and child health, title V of the Social Security Act, and section 712 of the American Jobs Creation Act of 2004, $855,785,000: Provided , That notwithstanding sections 502(a)(1) and 502(b)(1) of the Social Security Act, not more than $77,093,000 shall be available for carrying out special projects of regional and national significance pursuant to section 501(a)(2) of such Act and $10,276,000 shall be available for projects described in paragraphs (A) through (F) of section 501(a)(3) of such Act. Ryan white HIV/AIDS program For carrying out title XXVI of the PHS Act with respect to the Ryan White HIV/AIDS program, $2,367,178,000, of which $2,026,898,000 shall remain available to the Secretary through September 30, 2017, for parts A and B of title XXVI of the PHS Act, and of which not less than $933,299,000 shall be for State AIDS Drug Assistance Programs under the authority of section 2616 or 311(c) of such Act. Health care systems For carrying out titles III and XII of the PHS Act with respect to health care systems, and the Stem Cell Therapeutic and Research Act of 2005, $103,524,000, of which $122,000 shall be available until expended for facilities renovations at the Gillis W. Long Hansen's Disease Center: Provided , That the Secretary may collect a fee of 0.1 percent of each purchase of 340B drugs from entities participating in the Drug Pricing Program pursuant to section 340B of the PHS Act to pay for the operating costs of such program: Provided further , That fees pursuant to the 340B Drug Pricing Program shall be collected by the Secretary based on sales data that shall be submitted by drug manufacturers and shall be credited to this account, to remain available until expended. Rural health For carrying out titles III and IV of the PHS Act with respect to rural health, section 427(a) of the Federal Coal Mine Health and Safety Act, the Cardiac Arrest Survival Act of 2000, and sections 711 and 1820 of the Social Security Act, $143,983,000, of which $40,507,000 from general revenues, notwithstanding section 1820(j) of the Social Security Act, shall be available for carrying out the Medicare rural hospital flexibility grants program: Provided , That of the funds made available under this heading for Medicare rural hospital flexibility grants, $14,942,000 shall be available for the Small Rural Hospital Improvement Grant Program for quality improvement and adoption of health information technology and up to $1,000,000 shall be to carry out section 1820(g)(6) of the Social Security Act, with funds provided for grants under section 1820(g)(6) available for the purchase and implementation of telehealth services, including pilots and demonstrations on the use of electronic health records to coordinate rural veterans care between rural providers and the Department of Veterans Affairs electronic health record system: Provided further , That notwithstanding section 338J(k) of the PHS Act, $9,487,000 shall be available for State Offices of Rural Health. Family Planning For carrying out the program under title X of the PHS Act to provide for voluntary family planning projects, $300,000,000: Provided , That amounts provided to said projects under such title shall not be expended for abortions, that all pregnancy counseling shall be nondirective, and that such amounts shall not be expended for any activity (including the publication or distribution of literature) that in any way tends to promote public support or opposition to any legislative proposal or candidate for public office. Program management For program support in the Health Resources and Services Administration, $154,677,000: Provided , That funds made available under this heading may be used to supplement program support funding provided under the headings “Primary Health Care”, “Health Workforce”, “Maternal and Child Health”, “Ryan White HIV/AIDS Program”, “Health Care Systems”, and “Rural Health”. Vaccine injury compensation program trust fund For payments from the Vaccine Injury Compensation Program Trust Fund (the Trust Fund ), such sums as may be necessary for claims associated with vaccine-related injury or death with respect to vaccines administered after September 30, 1988, pursuant to subtitle 2 of title XXI of the PHS Act , to remain available until expended: Provided , That for necessary administrative expenses, not to exceed $7,500,000 shall be available from the Trust Fund to the Secretary. Centers for disease control and prevention Immunization and respiratory diseases For carrying out titles II, III, XVII, and XXI, and section 2821 of the PHS Act, titles II and IV of the Immigration and Nationality Act, and section 501 of the Refugee Education Assistance Act, with respect to immunization and respiratory diseases, $638,435,000. HIV/AIDS, viral hepatitis, sexually transmitted diseases, and tuberculosis prevention For carrying out titles II, III, XVII, and XXIII of the PHS Act with respect to HIV/AIDS, viral hepatitis, sexually transmitted diseases, and tuberculosis prevention, $1,117,689,000. Emerging and zoonotic infectious diseases For carrying out titles II, III, and XVII, and section 2821 of the PHS Act, titles II and IV of the Immigration and Nationality Act, and section 501 of the Refugee Education Assistance Act, with respect to emerging and zoonotic infectious diseases, $361,873,000: Provided , That of the amounts available to pay for the transportation, medical care, treatment, and other related costs of persons quarantined or isolated under Federal or State quarantine law, up to $1,000,000 shall remain available until expended. Chronic disease prevention and health promotion For carrying out titles II, III, XI, XV, XVII, and XIX of the PHS Act with respect to chronic disease prevention and health promotion, $769,299,000: Provided , That funds appropriated under this account may be available for making grants under section 1509 of the PHS Act for not less than 21 States, tribes, or tribal organizations: Provided further , That of the funds available under this heading, $5,000,000 shall be available to continue and expand community specific extension and outreach programs to combat obesity in counties with the highest levels of obesity: Provided further , That of the funds provided under this heading, $90,000,000 shall be available for a program consisting of three-year grants of no less than $100,000 per year to non-governmental entities, local public health offices, school districts, local housing authorities, local transportation authorities or Indian tribes to implement evidence-based chronic disease prevention strategies: Provided further , That applicants for grants described in the previous proviso shall determine the population to be served and shall agree to work in collaboration with multi-sector partners: Provided further , That the proportional funding requirements under section 1503(a) of the PHS Act shall not apply to funds made available under this heading. Birth defects, developmental disabilities, disabilities and health For carrying out titles II, III, XI, and XVII of the PHS Act with respect to birth defects, developmental disabilities, disabilities and health, $131,587,000. Public Health Scientific Services For carrying out titles II, III, and XVII of the PHS Act with respect to health statistics, surveillance, health informatics, and workforce development, $484,650,000. Environmental health For carrying out titles II, III, and XVII of the PHS Act with respect to environmental health, $169,584,000. Injury prevention and control For carrying out titles II, III, and XVII of the PHS Act with respect to injury prevention and control, $192,973,000. National Institute for Occupational Safety and Health For carrying out titles II, III, and XVII of the PHS Act, sections 101, 102, 103, 201, 202, 203, 301, and 501 of the Federal Mine Safety and Health Act, section 13 of the Mine Improvement and New Emergency Response Act, and sections 20, 21, and 22 of the Occupational Safety and Health Act, with respect to occupational safety and health, $220,363,000: Provided , That in addition to amounts provided herein, $112,000,000 shall be available from amounts available under section 241 of the PHS Act. Energy employees occupational illness compensation program For necessary expenses to administer the Energy Employees Occupational Illness Compensation Program Act, $55,358,000, to remain available until expended: Provided , That this amount shall be available consistent with the provision regarding administrative expenses in section 151(b) of division B, title I of Public Law 106–554 . Global health For carrying out titles II, III, and XVII of the PHS Act with respect to global health, $498,670,000, of which $128,420,000 for international HIV/AIDS shall remain available through September 30, 2016, and of which $5,000,000 shall remain available through September 30, 2016, to support national public health institutes: Provided, That funds may be used for purchase and insurance of official motor vehicles in foreign countries: Provided further , That $30,000,000 provided under this heading is for expenses necessary to respond to Ebola outbreaks and other emerging infectious diseases: Provided further , That with respect to the previous proviso, the Director may transfer these resources to any of the accounts of CDC for Ebola and other emerging infectious disease response activities: Provided further , That the Committees on Appropriations of the House of Representatives and the Senate shall be notified promptly of any transfers made under the authority of the previous proviso, and shall receive a report within 15 days of such transfers: Provided further , That such transfer authority shall be in addition to any other transfer authority provided to the Department of Health and Human Services. Public health preparedness and response For carrying out titles II, III, and XVII of the PHS Act with respect to public health preparedness and response, and for expenses necessary to support activities related to countering potential biological, nuclear, radiological, and chemical threats to civilian populations, $1,369,025,000, of which $542,817,000 shall remain available until expended for the Strategic National Stockpile: Provided , That in the event the Director of the CDC activates the Emergency Operations Center, the Director of the CDC may detail CDC staff without reimbursement for up to 45 days to support the work of the CDC Emergency Operations Center, so long as the Director provides a notice to the Committees on Appropriations of the House of Representatives and the Senate within 15 days of the use of this authority and a full report within 30 days after use of this authority which includes the number of staff and funding level broken down by the originating center and number of days detailed. CDC-wide activities and program support (including transfer of funds) For carrying out titles II, III, XVII and XIX, and section 2821 of the PHS Act and for cross-cutting activities and program support that supplement activities funded under the headings Immunization and Respiratory Diseases , HIV/AIDS, Viral Hepatitis, Sexually Transmitted Diseases, and Tuberculosis Prevention , Emerging and Zoonotic Infectious Diseases , Chronic Disease Prevention and Health Promotion , Birth Defects, Developmental Disabilities, Disabilities and Health , Environmental Health , Injury Prevention and Control , National Institute for Occupational Safety and Health , Energy Employees Occupational Illness Compensation Program , Global Health , Public Health Preparedness and Response , and Public Health Scientific Services , and for carrying out section 4001 of Public Law 111–148 , $123,570,000, of which $10,000,000 shall be available until September 30, 2019, for acquisition of real property, equipment, construction and renovation of facilities: Provided , That paragraphs (1) through (3) of subsection (b) of section 2821 of the PHS Act shall not apply to funds appropriated under this heading and in all other accounts of the CDC: Provided further ,office for That funds appropriated under this heading and in all other accounts of CDC may be used to support the purchase, hire, maintenance, and operation of aircraft for use and support of the activities of CDC: Provided further , That employees of CDC or the Public Health Service, both civilian and commissioned officers, detailed to States, municipalities, or other organizations under authority of section 214 of the PHS Act, or in overseas assignments, shall be treated as non-Federal employees for reporting purposes only and shall not be included within any personnel ceiling applicable to the Agency, Service, or HHS during the period of detail or assignment: Provided further , That CDC may use up to $10,000 from amounts appropriated to CDC in this Act for official reception and representation expenses when specifically approved by the Director of CDC: Provided further , That in addition, such sums as may be derived from authorized user fees, which shall be credited to the appropriation charged with the cost thereof: Provided further , That with respect to the previous proviso, authorized user fees from the Vessel Sanitation Program shall be available through September 30, 2016: Provided further , That of the funds made available under this heading and in all other accounts of CDC, up to $1,000 per eligible employee of CDC shall be made available until expended for Individual Learning Accounts. National institutes of health National cancer institute For carrying out section 301 and title IV of the PHS Act with respect to cancer, $5,033,006,000, of which up to $8,000,000 may be used for facilities repairs and improvements at the National Cancer Institute—Frederick Federally Funded Research and Development Center in Frederick, Maryland. National heart, lung, and blood institute For carrying out section 301 and title IV of the PHS Act with respect to cardiovascular, lung, and blood diseases, and blood and blood products, $3,040,381,000. National institute of dental and craniofacial research For carrying out section 301 and title IV of the PHS Act with respect to dental and craniofacial diseases, $404,774,000. National institute of diabetes and digestive and kidney diseases For carrying out section 301 and title IV of the PHS Act with respect to diabetes and digestive and kidney disease, $1,775,538,000. National institute of neurological disorders and stroke For carrying out section 301 and title IV of the PHS Act with respect to neurological disorders and stroke, $1,618,183,000. National institute of allergy and infectious diseases For carrying out section 301 and title IV of the PHS Act with respect to allergy and infectious diseases, $4,477,618,000. National institute of general medical sciences For carrying out section 301 and title IV of the PHS Act with respect to general medical sciences, $2,413,186,000, of which $808,200,000 shall be from funds available under section 241 of the PHS Act: Provided , That not less than $275,406,000 is provided for the Institutional Development Awards program. Eunice kennedy shriver national institute of child health and human development For carrying out section 301 and title IV of the PHS Act with respect to child health and human development, $1,305,583,000. National eye institute For carrying out section 301 and title IV of the PHS Act with respect to eye diseases and visual disorders, $687,270,000. National institute of environmental health sciences For carrying out section 301 and title IV of the PHS Act with respect to environmental health sciences, $677,366,000. National institute on aging For carrying out section 301 and title IV of the PHS Act with respect to aging, $1,275,235,000. National institute of arthritis and musculoskeletal and skin diseases For carrying out section 301 and title IV of the PHS Act with respect to arthritis and musculoskeletal and skin diseases, $529,375,000. National institute on deafness and other communication disorders For carrying out section 301 and title IV of the PHS Act with respect to deafness and other communication disorders, $411,292,000. National institute of nursing research For carrying out section 301 and title IV of the PHS Act with respect to nursing research, $143,035,000. National institute on alcohol abuse and alcoholism For carrying out section 301 and title IV of the PHS Act with respect to alcohol abuse and alcoholism, $454,020,000. National institute on drug abuse For carrying out section 301 and title IV of the PHS Act with respect to drug abuse, $1,042,620,000. National institute of mental health For carrying out section 301 and title IV of the PHS Act with respect to mental health, $1,448,418,000. National human genome research institute For carrying out section 301 and title IV of the PHS Act with respect to human genome research, $506,735,000. National institute of biomedical imaging and bioengineering For carrying out section 301 and title IV of the PHS Act with respect to biomedical imaging and bioengineering research, $334,674,000. National center for complementary and integrative health For carrying out section 301 and title IV of the PHS Act with respect to complementary and integrative health, $126,524,000: Provided , That these funds may be used to support the transition enacted in section 223 of this Act. National institute on minority health and health disparities For carrying out section 301 and title IV of the PHS Act with respect to minority health and health disparities research, $273,131,000. John e. fogarty international center For carrying out the activities of the John E. Fogarty International Center (described in subpart 2 of part E of title IV of the PHS Act ), $69,029,000. National library of medicine For carrying out section 301 and title IV of the PHS Act with respect to health information communications, $342,355,000: Provided , That of the amounts available for improvement of information systems, $4,000,000 shall be available until September 30, 2016: Provided further , That in fiscal year 2015, the National Library of Medicine may enter into personal services contracts for the provision of services in facilities owned, operated, or constructed under the jurisdiction of the National Institutes of Health (referred to in this title as NIH ). NATIONAL CENTER FOR ADVANCING TRANSLATIONAL SCIENCES For carrying out section 301 and title IV of the PHS Act with respect to translational sciences, $655,314,000: Provided , That up to $29,810,000 shall be available to implement section 480 of the PHS Act, relating to the Cures Acceleration Network: Provided further , That at least $474,746,000 is provided to the Clinical and Translational Sciences Awards program. Office of the director For carrying out the responsibilities of the Office of the Director, NIH, $1,457,414,000, of which up to $30,000,000 may be used to carry out section 213 of this Act: Provided , That funding shall be available for the purchase of not to exceed 29 passenger motor vehicles for replacement only: Provided further , That NIH is authorized to collect third-party payments for the cost of clinical services that are incurred in NIH research facilities and that such payments shall be credited to the NIH Management Fund: Provided further , That all funds credited to the NIH Management Fund shall remain available for one fiscal year after the fiscal year in which they are deposited: Provided further , That $165,000,000 shall be for the National Children’s Study ( NCS ), except that not later than July 15, 2015, the Director shall estimate the amount needed for the NCS during fiscal year 2015, and any funds in excess of the estimated need shall be transferred to and merged with the accounts for the various Institutes and Centers in proportion to their shares of total NIH appropriations made by this Act: Provided further , That $564,039,000 shall be available for the Common Fund established under section 402A(c)(1) of the PHS Act: Provided further , That of the funds provided $10,000 shall be for official reception and representation expenses when specifically approved by the Director of the NIH: Provided further , That the Office of AIDS Research within the Office of the Director of the NIH may spend up to $8,000,000 to make grants for construction or renovation of facilities as provided for in section 2354(a)(5)(B) of the PHS Act. Buildings and facilities For the study of, construction or demolition of, renovation of, and acquisition of equipment for, facilities of or used by NIH, including the acquisition of real property, $129,385,000, to remain available through September 30, 2019. Substance abuse and mental health services administration MENTAL HEALTH For carrying out titles III, V, and XIX of the PHS Act with respect to mental health, and the Protection and Advocacy for Individuals with Mental Illness Act, $1,047,648,000: Provided , That notwithstanding section 520A(f)(2) of the PHS Act, no funds appropriated for carrying out section 520A shall be available for carrying out section 1971 of the PHS Act: Provided further, That in addition to amounts provided herein, $21,039,000 shall be available under section 241 of the PHS Act to carry out subpart I of part B of title XIX of the PHS Act to fund section 1920(b) technical assistance, national data, data collection and evaluation activities, and further that the total available under this Act for section 1920(b) activities shall not exceed 5 percent of the amounts appropriated for subpart I of part B of title XIX: Provided further, That section 520E(b)(2) of the PHS Act shall not apply to funds appropriated in this Act for fiscal year 2015: Provided further, That of the amount appropriated under this heading, $45,887,000 shall be for the National Child Traumatic Stress Initiative as described in section 582 of the PHS Act: Provided further , That notwithstanding section 565(b)(1) of the PHS Act, technical assistance may be provided to a public entity to establish or operate a system of comprehensive community mental health services to children with a serious emotional disturbance, without regard to whether the public entity receives a grant under section 561(a) of such Act: Provided further , That States shall expend at least 5 percent of the amount each receives for carrying out section 1911 of the PHS Act to support evidence-based programs that address the needs of individuals with early serious mental illness, including psychotic disorders, regardless of the age of the individual at onset: Provided further , That none of the funds provided for section 1911 of the PHS Act shall be subject to section 241 of such Act. SUBSTANCE ABUSE TREATMENT For carrying out titles III, V, and XIX of the PHS Act with respect to substance abuse treatment and section 1922(a) of the PHS Act with respect to substance abuse prevention, $2,063,229,000: Provided , That in addition to amounts provided herein, the following amounts shall be available under section 241 of the PHS Act: (1) $79,200,000 to carry out subpart II of part B of title XIX of the PHS Act to fund section 1935(b) technical assistance, national data, data collection and evaluation activities, and further that the total available under this Act for section 1935(b) activities shall not exceed 5 percent of the amounts appropriated for subpart II of part B of title XIX; and (2) $2,000,000 to evaluate substance abuse treatment programs: Provided further , That none of the funds provided for section 1921 of the PHS Act shall be subject to section 241 of such Act. SUBSTANCE ABUSE PREVENTION For carrying out titles III and V of the PHS Act with respect to substance abuse prevention, $185,956,000. HEALTH SURVEILLANCE AND PROGRAM SUPPORT For program support and cross-cutting activities that supplement activities funded under the headings Mental Health , Substance Abuse Treatment , and Substance Abuse Prevention in carrying out titles III, V, and XIX of the PHS Act and the Protection and Advocacy for Individuals with Mental Illness Act in the Substance Abuse and Mental Health Services Administration, $151,909,000: Provided , That in addition to amounts provided herein, $31,428,000 shall be available under section 241 of the PHS Act to supplement funds available to carry out national surveys on drug abuse and mental health, to collect and analyze program data, and to conduct public awareness and technical assistance activities: Provided further , That, in addition, fees may be collected for the costs of publications, data, data tabulations, and data analysis completed under title V of the PHS Act and provided to a public or private entity upon request, which shall be credited to this appropriation and shall remain available until expended for such purposes: Provided further , That amounts made available in this Act for carrying out section 501(m) of the PHS Act shall remain available through September 30, 2016: Provided further, That funds made available under this heading may be used to supplement program support funding provided under the headings Mental Health , Substance Abuse Treatment , and Substance Abuse Prevention . Agency for healthcare research and quality Healthcare research and quality For carrying out titles III and IX of the PHS Act , part A of title XI of the Social Security Act , and section 1013 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, $373,295,000: Provided , That section 947(c) of the PHS Act shall not apply in fiscal year 2015: Provided further , That in addition, amounts received from Freedom of Information Act fees, reimbursable and interagency agreements, and the sale of data shall be credited to this appropriation and shall remain available until September 30, 2016. Centers for medicare and medicaid services Grants to states for medicaid For carrying out, except as otherwise provided, titles XI and XIX of the Social Security Act , $234,608,916,000, to remain available until expended. For making, after May 31, 2015, payments to States under title XIX or in the case of section 1928 on behalf of States under title XIX of the Social Security Act for the last quarter of fiscal year 2015 for unanticipated costs incurred for the current fiscal year, such sums as may be necessary. For making payments to States or in the case of section 1928 on behalf of States under title XIX of the Social Security Act for the first quarter of fiscal year 2016, $113,272,140,000, to remain available until expended. Payment under such title XIX may be made for any quarter with respect to a State plan or plan amendment in effect during such quarter, if submitted in or prior to such quarter and approved in that or any subsequent quarter. Payments to health care trust funds For payment to the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund, as provided under sections 217(g), 1844, and 1860D–16 of the Social Security Act, sections 103(c) and 111(d) of the Social Security Amendments of 1965, section 278(d)(3) of Public Law 97–248 , and for administrative expenses incurred pursuant to section 201(g) of the Social Security Act, $259,212,000,000. In addition, for making matching payments under section 1844 and benefit payments under section 1860D–16 of the Social Security Act that were not anticipated in budget estimates, such sums as may be necessary. Program management For carrying out, except as otherwise provided, titles XI, XVIII, XIX, and XXI of the Social Security Act , titles XIII and XXVII of the PHS Act , the Clinical Laboratory Improvement Amendments of 1988, and other responsibilities of the Centers for Medicare and Medicaid Services, not to exceed $4,175,391,000, to be transferred from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund, as authorized by section 201(g) of the Social Security Act ; together with all funds collected in accordance with section 353 of the PHS Act and section 1857(e)(2) of the Social Security Act , funds retained by the Secretary pursuant to section 1893(h) of the Social Security Act, and such sums as may be collected from authorized user fees and the sale of data, which shall be credited to this account and remain available until September 30, 2020: Provided, That all funds derived in accordance with 31 U.S.C. 9701 from organizations established under title XIII of the PHS Act shall be credited to and available for carrying out the purposes of this appropriation: Provided further, That the Secretary is directed to collect fees in fiscal year 2015 from Medicare Advantage organizations pursuant to section 1857(e)(2) of the Social Security Act and from eligible organizations with risk-sharing contracts under section 1876 of that Act pursuant to section 1876(k)(4)(D) of that Act. Health care fraud and abuse control account In addition to amounts otherwise available for program integrity and program management, $672,000,000, to remain available through September 30, 2016, to be transferred from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund, as authorized by section 201(g) of the Social Security Act, of which $451,339,000 shall be for the Centers for Medicare and Medicaid Services Program Integrity Activities, including administrative costs, to conduct oversight activities for the Medicare program, including but no limited to Medicare Advantage and the Medicare Prescription Drug Program authorized in title XVIII of the Social Security Act, and for activities described in section 1893 of such Act and for Medicaid and Children's Health Insurance Program integrity activities, of which $112,918,000 shall be for the Department of Health and Human Services Office of Inspector General to carry out fraud and abuse activities authorized by section 1817(k)(3) of such Act, and of which $107,743,000 shall be for the Department of Justice to carry out fraud and abuse activities authorized by section 1817(k)(3) of such Act: Provided , That of the amount provided under this heading, $311,000,000 is provided to meet the terms of section 251(b)(2)(C)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, and $361,000,000 is additional new budget authority specified for purposes of section 251(b)(2)(C) of such Act: Provided further , That the report required by section 1817(k)(5) of the Social Security Act for fiscal year 2015 shall include measures of the operational efficiency and impact on fraud, waste, and abuse in the Medicare, Medicaid, and CHIP programs for the funds provided by this appropriation. Administration for children and families Payments to states for child support enforcement and family support programs For carrying out, except as otherwise provided, titles I, IV–D, X, XI, XIV, and XVI of the Social Security Act and the Act of July 5, 1960, $2,438,523,000, to remain available until expended; and for such purposes for the first quarter of fiscal year 2016, $1,160,000,000, to remain available until expended. For carrying out, after May 31 of the current fiscal year, except as otherwise provided, titles I, IV–D, X, XI, XIV, and XVI of the Social Security Act and the Act of July 5, 1960, for the last 3 months of the current fiscal year for unanticipated costs, incurred for the current fiscal year, such sums as may be necessary. Low income home energy assistance For making payments under subsections (b) and (d) of section 2602 of the Low Income Home Energy Assistance Act of 1981, $3,471,672,000: Provided , That all but $497,000,000 of this amount shall be allocated as though the total appropriation for such payments for fiscal year 2015 was less than $1,975,000,000: Provided further , That notwithstanding section 2609A(a), of the amounts appropriated under section 2602(b), not more than $2,988,000 of such amounts may be reserved by the Secretary for technical assistance, training, and monitoring of program activities for compliance with internal controls, policies and procedures and may, in addition to the authorities provided in section 2609A(a)(1), use such funds through contracts with private entities that do not qualify as nonprofit organizations. Refugee and entrant assistance For necessary expenses for refugee and entrant assistance activities authorized by section 414 of the Immigration and Nationality Act and section 501 of the Refugee Education Assistance Act of 1980, and for carrying out section 462 of the Homeland Security Act of 2002, section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, the Trafficking Victims Protection Act of 2000 ( TVPA ), section 203 of the Trafficking Victims Protection Reauthorization Act of 2005, and the Torture Victims Relief Act of 1998, $2,558,129,000, of which $2,525,394,000 shall remain available through September 30, 2017 for carrying out such sections 414, 501, 462, and 235: Provided , That amounts available under this heading to carry out such section 203 and the TVPA shall also be available for research and evaluation with respect to activities under those authorities: Provided further , That the limitation in section 206 of this Act on increasing any appropriation by more than 3 percent shall not apply to transfers to appropriations under this heading: Provided further , That a Refugee and Entrant Assistance Contingency Fund shall be established for which unobligated balances from appropriations under this heading may be deposited, to be available until expended for activities funded under this heading: Provided further , That amounts deposited in the contingency fund may be available only after the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of the planned use of funds. Payments to states for the child care and development block grant For carrying out the Child Care and Development Block Grant Act of 1990 ( CCDBG Act ), $2,508,246,000 shall be used to supplement, not supplant State general revenue funds for child care assistance for low-income families: Provided , That $19,357,000 shall be available for child care resource and referral and school-aged child care activities, of which $996,000 shall be available to the Secretary for a competitive grant for the operation of a national toll free referral line and Web site to develop and disseminate child care consumer education information for parents and help parents access child care in their local community: Provided further , That, in addition to the amounts required to be reserved by the States under section 658G of the CCDBG Act, $308,827,000 shall be reserved by the States for activities authorized under section 658G, of which $113,258,000 shall be for activities that improve the quality of infant and toddler care: Provided further , That $9,851,000 shall be for use by the Secretary for child care research, demonstration, and evaluation activities: Provided further , That technical assistance under section 658I(a)(3) of such Act may be provided directly, or through the use of contracts, grants, cooperative agreements, or interagency agreements. Social services block grant For making grants to States pursuant to section 2002 of the Social Security Act , $1,700,000,000: Provided , That notwithstanding subparagraph (B) of section 404(d)(2) of such Act, the applicable percent specified under such subparagraph for a State to carry out State programs pursuant to title XX–A of such Act shall be 10 percent. Children and families services programs For carrying out, except as otherwise provided, the Runaway and Homeless Youth Act , the Head Start Act , the Child Abuse Prevention and Treatment Act , sections 303 and 313 of the Family Violence Prevention and Services Act, the Native American Programs Act of 1974, title II of the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 (adoption opportunities), the Abandoned Infants Assistance Act of 1988, part B–1 of title IV and sections 413, 1110, and 1115 of the Social Security Act ; for making payments under the Community Services Block Grant Act ( CSBG Act ), sections 473B and 477(i) of the Social Security Act , and the Assets for Independence Act; for necessary administrative expenses to carry out such Acts and titles I, IV, V, X, XI, XIV, XVI, and XX of the Social Security Act , the Act of July 5, 1960, the Low Income Home Energy Assistance Act of 1981, title IV of the Immigration and Nationality Act , and section 501 of the Refugee Education Assistance Act of 1980; and for the administration of prior year obligations made by the Administration for Children and Families under the Developmental Disabilities Assistance and Bill of Rights Act and the Help America Vote Act of 2002, $10,618,002,000, of which $37,943,000, to remain available through September 30, 2016, shall be for grants to States for adoption incentive payments, as authorized by section 473A of the Social Security Act and may be made for adoptions completed before September 30, 2015: Provided, That subsection (b)(5) of such section 473A shall apply to funds appropriated under this heading by substituting 2014 for 2012 : Provided further , That $8,868,389,000 shall be for making payments under the Head Start Act : Provided further , That of the amount in the previous proviso, $8,278,389,000 shall be available for payments under section 640 of the Head Start Act: Provided further , That of the amount provided for making payments under the Head Start Act, $25,000,000 shall be available for allocation by the Secretary to supplement activities described in paragraphs (7)(B) and (9) of section 641(c) of such Act under the Designation Renewal System, established under the authority of sections 641(c)(7), 645A(b)(12) and 645A(d) of such Act: Provided further , That amounts allocated to Head Start grantees at the discretion of the Secretary to supplement activities pursuant to the previous proviso shall not be included in the calculation of the base grant in subsequent fiscal years, as such term is used in section 640(a)(7)(A) of the Head Start Act: Provided further , That notwithstanding section 640 of the Head Start Act, of the amount provided for making payments under the Head Start Act, and in addition to funds otherwise available under section 640 for such purposes, $565,000,000 shall be available through March 31, 2016 for Early Head Start programs as described in section 645A of such Act, for conversion of Head Start services to Early Head Start services as described in section 645(a)(5)(A) of such Act, and for discretionary grants for high quality infant and toddler care through Early Head Start-Child Care Partnerships, to entities defined as eligible under section 645A(d) of such Act, and, notwithstanding section 645A(c)(2) of such Act, these funds are available to serve children under age 4: Provided further , That of the amount made available in the immediately preceding proviso, up to $15,000,000 shall be available for the Federal costs of administration and evaluation activities of the program described in such proviso: Provided further , That amounts provided under the seventh proviso under this heading in Public Law 113–76 shall not be included in the calculation of the base grant in fiscal year 2015, as such term is used in section 640(a)(7)(A) of the Head Start Act: Provided further , That $703,454,000 shall be for making payments under the CSBG Act: Provided further, That $35,847,000 shall be for sections 680 and 678E(b)(2) of the CSBG Act, of which not less than $29,585,000 shall be for section 680(a)(2) and not less than $5,912,000 shall be for section 680(a)(3)(B) of such Act: Provided further, That to the extent Community Services Block Grant funds are distributed as grant funds by a State to an eligible entity as provided under the CSBG Act, and have not been expended by such entity, they shall remain with such entity for carryover into the next fiscal year for expenditure by such entity consistent with program purposes: Provided further , That the Secretary shall establish procedures regarding the disposition of intangible assets and program income that permit such assets acquired with, and program income derived from, grant funds authorized under section 680 of the CSBG Act to become the sole property of such grantees after a period of not more than 12 years after the end of the grant period for any activity consistent with section 680(a)(2)(A) of the CSBG Act: Provided further , That intangible assets in the form of loans, equity investments and other debt instruments, and program income may be used by grantees for any eligible purpose consistent with section 680(a)(2)(A) of the CSBG Act: Provided further , That these procedures shall apply to such grant funds made available after November 29, 1999: Provided further , That funds appropriated for section 680(a)(2) of the CSBG Act shall be available for financing construction and rehabilitation and loans or investments in private business enterprises owned by community development corporations: Provided further , That to the extent funds appropriated in this Act for the Assets for Independence Act are distributed as grant funds to a qualified entity and have not been expended by such entity within 3 years after the date of award, such funds may be recaptured and, during the fiscal year of such recapture, reallocated among other qualified entities, to remain available to such entities for 5 years: Provided further , That notwithstanding section 414(e) of such Act, the Secretary may award up to $1,000,000 to support evidence-based evaluation: Provided further , That section 303(a)(2)(A)(i) of the Family Violence Prevention and Services Act shall not apply to amounts provided herein: Provided further , That $1,864,000 shall be for a human services case management system for federally declared disasters, to include a comprehensive national case management contract and Federal costs of administering the system: Provided further , That up to $2,000,000 shall be for improving the Public Assistance Reporting Information System, including grants to States to support data collection for a study of the system's effectiveness. Promoting Safe and Stable Families For carrying out, except as otherwise provided, section 436 of the Social Security Act , $345,000,000 and for carrying out, except as otherwise provided, section 437 of such Act, $59,765,000. Payments for foster care and permanency For carrying out, except as otherwise provided, title IV–E of the Social Security Act , $4,832,000,000. For carrying out, except as otherwise provided, title IV–E of the Social Security Act , for the first quarter of fiscal year 2016, $2,300,000,000. For carrying out, after May 31 of the current fiscal year, except as otherwise provided, section 474 of title IV–E of the Social Security Act , for the last 3 months of the current fiscal year for unanticipated costs, incurred for the current fiscal year, such sums as may be necessary. Administration for community living Aging and disability services programs (including transfer of funds) For carrying out, to the extent not otherwise provided, the OAA, titles III and XXIX of the PHS Act, section 119 of the Medicare Improvements for Patients and Providers Act of 2008, title XX–B of the Social Security Act, the Developmental Disabilities Assistance and Bill of Rights Act, parts 2 and 5 of subtitle D of title II of the Help America Vote Act of 2002, and for Department-wide coordination of policy and program activities that assist individuals with disabilities, $1,665,371,000, together with $52,115,000 to be transferred from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund to carry out section 4360 of the Omnibus Budget Reconciliation Act of 1990: Provided , That amounts appropriated under this heading may be used for grants to States under section 361 of the OAA only for disease prevention and health promotion programs and activities which have been demonstrated through rigorous evaluation to be evidence-based and effective: Provided further , That none of the funds provided shall be used to carry out sections 1701 and 1703 of the PHS Act (with respect to chronic disease self-management activity grants), except that such funds may be used for necessary expenses associated with administering any such grants awarded prior to the date of the enactment of this Act: Provided further , That notwithstanding any other provision of this Act, funds made available under this heading to carry out section 311 of the OAA may be transferred to the Secretary of Agriculture in accordance with such section. Office of the secretary General departmental management For necessary expenses, not otherwise provided, for general departmental management, including hire of six passenger motor vehicles, and for carrying out titles III, XVII, XXI, and section 229 of the PHS Act, the United States-Mexico Border Health Commission Act, and research studies under section 1110 of the Social Security Act , $457,629,000, together with $64,828,000 from the amounts available under section 241 of the PHS Act to carry out national health or human services research and evaluation activities: Provided , That of this amount, $53,681,000 shall be for minority AIDS prevention and treatment activities: Provided further, That of the funds made available under this heading, $104,592,000 shall be for making competitive contracts and grants to public and private entities to fund medically accurate and age appropriate programs that reduce teen pregnancy and for the Federal costs associated with administering and evaluating such contracts and grants, of which not more than 10 percent of the available funds shall be for training and technical assistance, evaluation, outreach, and additional program support activities, and of the remaining amount 75 percent shall be for replicating programs that have been proven effective through rigorous evaluation to reduce teenage pregnancy, behavioral risk factors underlying teenage pregnancy, or other associated risk factors, and 25 percent shall be available for research and demonstration grants to develop, replicate, refine, and test additional models and innovative strategies for preventing teenage pregnancy: Provided further , That of the amounts provided under this heading from amounts available under section 241 of the PHS Act, $6,800,000 shall be available to carry out evaluations (including longitudinal evaluations) of teenage pregnancy prevention approaches: Provided further, That of the funds made available under this heading, $1,750,000 is for strengthening the Department's acquisition workforce capacity and capabilities: Provided further , That with respect to the previous proviso, such funds shall be available for training, recruiting, retaining, and hiring members of the acquisition workforce as defined by 41 U.S.C. 1703 , for information technology in support of acquisition workforce effectiveness and for management solutions to improve acquisition management. Office of medicare hearings and appeals For expenses necessary for the Office of Medicare Hearings and Appeals, $90,000,000, to be transferred in appropriate part from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund. Office of the national coordinator for health information technology For expenses necessary for the Office of the National Coordinator for Health Information Technology, including grants, contracts, and cooperative agreements for the development and advancement of interoperable health information technology, $61,474,000. Office of inspector general For expenses necessary for the Office of Inspector General, including the hire of passenger motor vehicles for investigations, in carrying out the provisions of the Inspector General Act of 1978, $71,000,000: Provided, That of such amount, necessary sums shall be available for providing protective services to the Secretary and investigating non-payment of child support cases for which non-payment is a Federal offense under 18 U.S.C. 228. Office for civil rights For expenses necessary for the Office for Civil Rights, $41,205,000. Retirement pay and medical benefits for commissioned officers For retirement pay and medical benefits of Public Health Service Commissioned Officers as authorized by law, for payments under the Retired Serviceman's Family Protection Plan and Survivor Benefit Plan, and for medical care of dependents and retired personnel under the Dependents' Medical Care Act, such amounts as may be required during the current fiscal year. Public health and social services emergency fund For expenses necessary to support activities related to countering potential biological, nuclear, radiological, chemical, and cybersecurity threats to civilian populations, and for other public health emergencies, $1,030,899,000, of which $473,000,000 shall remain available through September 30, 2016, for expenses necessary to support advanced research and development pursuant to section 319L of the PHS Act, and other administrative expenses of the Biomedical Advanced Research and Development Authority: Provided , That funds provided under this heading for the purpose of acquisition of security countermeasures shall be in addition to any other funds available for such purpose: Provided further , That products purchased with funds provided under this heading may, at the discretion of the Secretary, be deposited in the Strategic National Stockpile pursuant to section 319F–2 of the PHS Act: Provided further , That $5,000,000 of the amounts made available to support emergency operations shall remain available through September 30, 2017. For expenses necessary for procuring security countermeasures (as defined in section 319F–2(c)(1)(B) of the PHS Act), $407,000,000, to remain available until expended. For an additional amount for expenses necessary to prepare for or respond to an influenza pandemic, $130,009,000; of which $100,000,000 shall be available until expended, for activities including the development and purchase of vaccine, antivirals, necessary medical supplies, diagnostics, and other surveillance tools: Provided , That notwithstanding section 496(b) of the PHS Act, funds may be used for the construction or renovation of privately owned facilities for the production of pandemic influenza vaccines and other biologics, if the Secretary finds such construction or renovation necessary to secure sufficient supplies of such vaccines or biologics. Provided further , That funds provided under this paragraph are also available for preparing for or responding to an emerging infectious disease. General provisions 201. Funds appropriated in this title shall be available for not to exceed $50,000 for official reception and representation expenses when specifically approved by the Secretary. 202. None of the funds appropriated in this title shall be used to pay the salary of an individual, through a discretionary grant or other extramural mechanism, at a rate in excess of Executive Level II. 203. None of the funds appropriated in this Act may be expended pursuant to section 241 of the PHS Act , except for funds specifically provided for in this Act, or for other taps and assessments made by any office located in HHS, prior to the preparation and submission of a report by the Secretary to the Committees on Appropriations of the House of Representatives and the Senate detailing the planned uses of such funds. 204. Notwithstanding section 241(a) of the PHS Act , such portion as the Secretary shall determine, but not more than 2.5 percent, of any amounts appropriated for programs authorized under such Act shall be made available for the evaluation (directly, or by grants or contracts) and the implementation and effectiveness of programs funded in this title. (transfer of funds) 205. Not to exceed 1 percent of any discretionary funds (pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985) which are appropriated for the current fiscal year for HHS in this Act may be transferred between appropriations, but no such appropriation shall be increased by more than 3 percent by any such transfer: Provided , That the transfer authority granted by this section shall not be used to create any new program or to fund any project or activity for which no funds are provided in this Act: Provided further , That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer. (transfer of funds) 206. The Director of the NIH, jointly with the Director of the Office of AIDS Research, may transfer up to 3 percent among institutes and centers from the total amounts identified by these two Directors as funding for research pertaining to the human immunodeficiency virus: Provided , That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer. (transfer of funds) 207. Of the amounts made available in this Act for NIH, the amount for research related to the human immunodeficiency virus, as jointly determined by the Director of NIH and the Director of the Office of AIDS Research, shall be made available to the Office of AIDS Research account. The Director of the Office of AIDS Research shall transfer from such account amounts necessary to carry out section 2353(d)(3) of the PHS Act . 208. None of the funds appropriated in this Act may be made available to any entity under title X of the PHS Act unless the applicant for the award certifies to the Secretary that it encourages family participation in the decision of minors to seek family planning services and that it provides counseling to minors on how to resist attempts to coerce minors into engaging in sexual activities. 209. Notwithstanding any other provision of law, no provider of services under title X of the PHS Act shall be exempt from any State law requiring notification or the reporting of child abuse, child molestation, sexual abuse, rape, or incest. 210. None of the funds appropriated by this Act (including funds appropriated to any trust fund) may be used to carry out the Medicare Advantage program if the Secretary denies participation in such program to an otherwise eligible entity (including a Provider Sponsored Organization) because the entity informs the Secretary that it will not provide, pay for, provide coverage of, or provide referrals for abortions: Provided , That the Secretary shall make appropriate prospective adjustments to the capitation payment to such an entity (based on an actuarially sound estimate of the expected costs of providing the service to such entity's enrollees): Provided further , That nothing in this section shall be construed to change the Medicare program's coverage for such services and a Medicare Advantage organization described in this section shall be responsible for informing enrollees where to obtain information about all Medicare covered services. 211. In order for HHS to carry out international health activities, including HIV/AIDS and other infectious disease, chronic and environmental disease, and other health activities abroad during fiscal year 2015: (1) The Secretary may exercise authority equivalent to that available to the Secretary of State in section 2(c) of the State Department Basic Authorities Act of 1956 . The Secretary shall consult with the Secretary of State and relevant Chief of Mission to ensure that the authority provided in this section is exercised in a manner consistent with section 207 of the Foreign Service Act of 1980 and other applicable statutes administered by the Department of State. (2) The Secretary is authorized to provide such funds by advance or reimbursement to the Secretary of State as may be necessary to pay the costs of acquisition, lease, alteration, renovation, and management of facilities outside of the United States for the use of HHS. The Department of State shall cooperate fully with the Secretary to ensure that HHS has secure, safe, functional facilities that comply with applicable regulation governing location, setback, and other facilities requirements and serve the purposes established by this Act. The Secretary is authorized, in consultation with the Secretary of State, through grant or cooperative agreement, to make available to public or nonprofit private institutions or agencies in participating foreign countries, funds to acquire, lease, alter, or renovate facilities in those countries as necessary to conduct programs of assistance for international health activities, including activities relating to HIV/AIDS and other infectious diseases, chronic and environmental diseases, and other health activities abroad. (3) The Secretary is authorized to provide to personnel appointed or assigned by the Secretary to serve abroad, allowances and benefits similar to those provided under chapter 9 of title I of the Foreign Service Act of 1980, and 22 U.S.C. 4081 through 4086 and subject to such regulations prescribed by the Secretary. The Secretary is further authorized to provide locality-based comparability payments (stated as a percentage) up to the amount of the locality-based comparability payment (stated as a percentage) that would be payable to such personnel under section 5304 of title 5, United States Code if such personnel's official duty station were in the District of Columbia. Leaves of absence for personnel under this subsection shall be on the same basis as that provided under subchapter I of chapter 63 of title 5, United States Code, or section 903 of the Foreign Service Act of 1980, to individuals serving in the Foreign Service. 212. (a) Authority Notwithstanding any other provision of law, the Director of NIH ( Director ) may use funds available under section 402(b)(7) or 402(b)(12) of the PHS Act to enter into transactions (other than contracts, cooperative agreements, or grants) to carry out research identified pursuant to such section 402(b)(7) (pertaining to the Common Fund) or research and activities described in such section 402(b)(12). (b) Peer review In entering into transactions under subsection (a), the Director may utilize such peer review procedures (including consultation with appropriate scientific experts) as the Director determines to be appropriate to obtain assessments of scientific and technical merit. Such procedures shall apply to such transactions in lieu of the peer review and advisory council review procedures that would otherwise be required under sections 301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of the PHS Act. 213. Funds which are available for Individual Learning Accounts for employees of CDC and the Agency for Toxic Substances and Disease Registry ( ATSDR ) may be transferred between appropriate accounts of CDC, to be available only for Individual Learning Accounts: Provided , That such funds may be used for any individual full-time equivalent employee while such employee is employed either by CDC or ATSDR. 214. Not to exceed $45,000,000 of funds appropriated by this Act to the institutes and centers of the National Institutes of Health may be used for alteration, repair, or improvement of facilities, as necessary for the proper and efficient conduct of the activities authorized herein, at not to exceed $3,500,000 per project. (transfer of funds) 215. Of the amounts made available for NIH, 1 percent of the amount made available for National Research Service Awards ( NRSA ) shall be made available to the Administrator of the Health Resources and Services Administration to make NRSA awards for research in primary medical care to individuals affiliated with entities who have received grants or contracts under sections 736, 739, or 747 of the PHS Act , and 1 percent of the amount made available for NRSA shall be made available to the Director of the Agency for Healthcare Research and Quality to make NRSA awards for health service research. 216. (a) The Secretary shall establish a publicly accessible Web site to provide information regarding the uses of funds made available under section 4002 of the Patient Protection and Affordable Care Act of 2010 ( ACA ). (b) With respect to funds provided under section 4002 of the ACA, the Secretary shall include on the Web site established under subsection (a) at a minimum the following information: (1) In the case of each transfer of funds under section 4002(c), a statement indicating the program or activity receiving funds, the operating division or office that will administer the funds, and the planned uses of the funds, to be posted not later than the day after the transfer is made. (2) Identification (along with a link to the full text) of each funding opportunity announcement, request for proposals, or other announcement or solicitation of proposals for grants, cooperative agreements, or contracts intended to be awarded using such funds, to be posted not later than the day after the announcement or solicitation is issued. (3) Identification of each grant, cooperative agreement, or contract with a value of $25,000 or more awarded using such funds, including the purpose of the award and the identity of the recipient, to be posted not later than 5 days after the award is made. (4) A report detailing the uses of all funds transferred under section 4002(c) during the fiscal year, to be posted not later than 90 days after the end of the fiscal year. (c) With respect to awards made in fiscal years 2013 and 2014, the Secretary shall also include on the Web site established under subsection (a), semi-annual reports from each entity awarded a grant, cooperative agreement, or contract from such funds with a value of $25,000 or more, summarizing the activities undertaken and identifying any sub-grants or sub-contracts awarded (including the purpose of the award and the identity of the recipient), to be posted not later than 30 days after the end of each 6-month period. (d) In carrying out this section, the Secretary shall: (1) present the information required in subsection (b)(1) on a single webpage or on a single database; (2) ensure that all information required in this section is directly accessible from the single webpage or database; and (3) ensure that all information required in this section is able to be organized by program or State. (Transfer of Funds) 217. (a) Within 45 days of enactment of this Act, the Secretary shall transfer funds appropriated under section 4002 of the Patient Protection and Affordable Care Act of 2010 ( ACA ) to the accounts specified, in the amounts specified, and for the activities specified under the heading Prevention and Public Health Fund in the table accompanying this Act. (b) Notwithstanding section 4002(c) of the ACA, the Secretary may not further transfer these amounts. (c) Funds transferred for activities authorized under section 2821 of the PHS Act shall be made available without reference to section 2821(b) of such Act. 218. (a) The Biomedical Advanced Research and Development Authority ( BARDA ) may enter into a contract, for more than one but no more than 10 program years, for purchase of research services or of security countermeasures, as that term is defined in section 319F–2(c)(1)(B) of the PHS Act (42 U.S.C. 247d–6b(c)(1)(B)), if— (1) funds are available and obligated— (A) for the full period of the contract or for the first fiscal year in which the contract is in effect; and (B) for the estimated costs associated with a necessary termination of the contract; and (2) the Secretary determines that a multi-year contract will serve the best interests of the Federal Government by encouraging full and open competition or promoting economy in administration, performance, and operation of BARDA's programs. (b) A contract entered into under this section: (1) shall include a termination clause as described by subsection (c) of section 3903 of title 41, United States Code; and (2) shall be subject to the congressional notice requirement stated in subsection (d) of such section. 219. (a) The Secretary shall publish in the fiscal year 2016 budget justification and on Departmental Web sites information concerning the employment of full-time equivalent Federal employees or contractors for the purposes of implementing, administering, enforcing, or otherwise carrying out the provisions of the Patient Protection and Affordable Care Act of 2010 ( ACA ), and the amendments made by that Act, in the proposed fiscal year and the 4 prior fiscal years. (b) With respect to employees or contractors supported by all funds appropriated for purposes of carrying out the ACA (and the amendments made by that Act), the Secretary shall include, at a minimum, the following information: (1) For each such fiscal year, the section of such Act under which such funds were appropriated, a statement indicating the program, project, or activity receiving such funds, the Federal operating division or office that administers such program, and the amount of funding received in discretionary or mandatory appropriations. (2) For each such fiscal year, the number of full-time equivalent employees or contracted employees assigned to each authorized and funded provision detailed in accordance with paragraph (1). (c) In carrying out this section, the Secretary may exclude from the report employees or contractors who: (1) Are supported through appropriations enacted in laws other than the ACA and work on programs that existed prior to the passage of the ACA; (2) spend less than 50 percent of their time on activities funded by or newly authorized in the ACA; (3) or who work on contracts for which FTE reporting is not a requirement of their contract, such as fixed-price contracts. 220. In lieu of the timeframe specified in section 338E(c)(2) of the PHS Act, terminations described in such section may occur up to 60 days after the execution of a contract awarded in fiscal year 2015 under section 338B of such Act. 221. Title IV of the PHS Act is amended by: (1) Striking National Center for Complementary and Alternative Medicine and Office of Alternative Medicine in each place either appears and replacing it with National Center for Complementary and Integrative Health ; (2) Striking alternative medicine in each place it appears and replacing it with integrative health ; (3) Striking all references to alternative and complementary medical treatment or complementary and alternative treatment in each place either appears and inserting complementary and integrative health ; (4) Striking references to alternative medical treatment in each place it appears and inserting integrative health treatment ; and (5) Striking section 485D(c) and inserting: (c) In carrying out subsection (a), the Director of the Center shall, as appropriate, study the integration of new and non-traditional approaches to health care treatment and consumption, including but not limited to non-traditional treatment, diagnostic and prevention systems, modalities, and disciplines. . 222. In addition to amounts provided herein, payments made for research organisms or substances, authorized under section 301(a) of the PHS Act, shall be retained and credited to the appropriations accounts of the Institutes and Centers of the NIH making the substance or organism available under section 301(a). Amounts credited to the account under this authority shall be available for obligation through September 30, 2016. 223. The Secretary shall publish, as part of the fiscal year 2016 budget of the President submitted under section 1105(a) of title 31, United States Code, information that details the uses of all funds used by the Centers for Medicare and Medicaid Services specifically for Health Insurance Marketplaces for each fiscal year since the enactment of the Patient Protection and Affordable Care Act ( Public Law 111–148 ) and the proposed uses for such funds for fiscal year 2016. Such information shall include, for each such fiscal year— (1) the amount of funds used for each activity specified in the tables under the heading Health Insurance Marketplace Activity in the table accompanying this Act; and (2) the milestones completed for data hub functionality and implementation readiness. 224. That the authority provided by sections 399AA(e), 399BB(g), and 399CC(f) of the PHS Act shall remain in effect through September 30, 2015. 225. The NIH director shall require registrations and results from NIH funded clinical trials to be included in the clinical trials registry data bank. This title may be cited as the Department of Health and Human Services Appropriations Act, 2015 . III Department of Education Education for the disadvantaged For carrying out title I of the Elementary and Secondary Education Act of 1965 (referred to in this Act as ESEA ) and section 418A of the Higher Education Act of 1965 (referred to in this Act as HEA ), $15,673,887,000, of which $4,788,520,000 shall become available on July 1, 2015, and shall remain available through September 30, 2016, and of which $10,841,177,000 shall become available on October 1, 2015, and shall remain available through September 30, 2016, for academic year 2015–2016: Provided , That $6,459,401,000 shall be for basic grants under section 1124 of the ESEA: Provided further , That up to $3,984,000 of these funds shall be available to the Secretary of Education (referred to in this title as Secretary ) on October 1, 2014, to obtain annually updated local educational agency-level census poverty data from the Bureau of the Census: Provided further , That $1,362,301,000 shall be for concentration grants under section 1124A of the ESEA: Provided further , That $3,347,378,000 shall be for targeted grants under section 1125 of the ESEA: Provided further , That $3,347,378,000 shall be for education finance incentive grants under section 1125A of the ESEA: Provided further , That funds available under sections 1124, 1124A, 1125 and 1125A of the ESEA may be used to provide homeless children and youths with services not ordinarily provided to other students under those sections, including supporting the liaison designated pursuant to section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act, and providing transportation pursuant to section 722(g)(1)(J)(iii) of such Act: Provided further , That $680,000 shall be to carry out sections 1501 and 1503 of the ESEA: Provided further , That $505,756,000 shall be available for school improvement grants under section 1003(g) of the ESEA, which shall be allocated by the Secretary through the formula described in section 1003(g)(2) and shall be used consistent with the requirements of section 1003(g), except that State and local educational agencies may use such funds to serve any school eligible to receive assistance under part A of title I that has not made adequate yearly progress for at least 2 years or is in the State's lowest quintile of performance based on proficiency rates and, in the case of secondary schools, priority shall be given to those schools with graduation rates below 60 percent: Provided further , That notwithstanding section 1003(g)(5)(C) of the ESEA, the Secretary may permit a State educational agency to establish an award period of up to 5 years for each participating local educational agency: Provided further , That funds available for school improvement grants may be used by a local educational agency to implement a whole-school reform strategy for a school using an evidence-based strategy that ensures whole-school reform is undertaken in partnership with a strategy developer offering a whole-school reform program that is based on at least a moderate level of evidence that the program will have a statistically significant effect on student outcomes, including more than one well-designed or well-implemented experimental or quasi-experimental study: Provided further, That funds available for school improvement grants may be used by a local educational agency to implement an alternative State-determined school improvement strategy that has been established by a State educational agency with the approval of the Secretary: Provided further, That a local educational agency that is determined to be eligible for services under subpart 1 or 2 of part B of title VI of the ESEA may modify not more than one element of a school improvement grant model: Provided further , That notwithstanding section 1003(g)(5)(A), each State educational agency may establish a maximum subgrant size of not more than $2,000,000 for each participating school applicable to such funds: Provided further, That the Secretary may reserve up to 5 percent of the funds available for section 1003(g) of the ESEA to carry out activities to build State and local educational agency capacity to implement effectively the school improvement grants program: Provided further , That $168,000,000 shall be available under section 1502 of the ESEA for a comprehensive literacy development and education program to advance literacy skills, including pre-literacy skills, reading, and writing, for students from birth through grade 12, including limited-English-proficient students and students with disabilities, of which one-half of 1 percent shall be reserved for the Secretary of the Interior for such a program at schools funded by the Bureau of Indian Education, one-half of 1 percent shall be reserved for grants to the outlying areas for such a program, up to 5 percent may be reserved for national activities, and the remainder shall be used to award competitive grants to State educational agencies for such a program, of which a State educational agency may reserve up to 5 percent for State leadership activities, including technical assistance and training, data collection, reporting, and administration, and shall subgrant not less than 95 percent to local educational agencies or, in the case of early literacy, to local educational agencies or other nonprofit providers of early childhood education that partner with a public or private nonprofit organization or agency with a demonstrated record of effectiveness in improving the early literacy development of children from birth through kindergarten entry and in providing professional development in early literacy, giving priority to such agencies or other entities serving greater numbers or percentages of disadvantaged children: Provided further , That the State educational agency shall ensure that at least 15 percent of the subgranted funds are used to serve children from birth through age 5, 40 percent are used to serve students in kindergarten through grade 5, and 40 percent are used to serve students in middle and high school including an equitable distribution of funds between middle and high schools: Provided further , That eligible entities receiving subgrants from State educational agencies shall use such funds for services and activities that have the characteristics of effective literacy instruction through professional development, screening and assessment, targeted interventions for students reading below grade level and other research-based methods of improving classroom instruction and practice. Preschool Development For carrying out, in accordance with the applicable requirements of part D of title V of the ESEA, $250,000,000 for a preschool development grants program: Provided , That the Secretary, jointly with the Secretary of HHS, shall make competitive awards to States for activities that build the capacity within the State to develop, enhance, or expand high-quality preschool programs, including comprehensive services and family engagement, for preschool-aged children from families at or below 200 percent of the Federal poverty line: Provided further, That each State may subgrant a portion of such grant funds to local educational agencies and other early learning providers (including, but not limited to, Head Start programs and licensed child care providers), or consortia thereof, for the implementation of high-quality preschool programs for children from families at or below 200 percent of the Federal poverty line: Provided further, That subgrantees that are local educational agencies shall form strong partnerships with early learning providers and that subgrantees that are early learning providers shall form strong partnerships with local educational agencies, in order to carry out the requirements of the subgrant: Provided further, That up to 3 percent of such funds for preschool development grants shall be available for technical assistance, evaluation, and other national activities related to such grants: Provided further, That the Secretary shall administer State grants for improving early childhood care and education under such section jointly with the Secretary of Health and Human Services on such terms as such Secretaries set forth in an interagency agreement. Impact aid For carrying out programs of financial assistance to federally affected schools authorized by title VIII of the ESEA , $1,291,186,000, of which $1,153,540,000 shall be for basic support payments under section 8003(b), $48,413,000 shall be for payments for children with disabilities under section 8003(d), $17,441,000 shall be for construction under section 8007(b) and be available for obligation through September 30, 2016, $66,947,000 shall be for Federal property payments under section 8002, and $4,845,000, to remain available until expended, shall be for facilities maintenance under section 8008: Provided , That for purposes of computing the amount of a payment for an eligible local educational agency under section 8003(a) for school year 2014–2015, children enrolled in a school of such agency that would otherwise be eligible for payment under section 8003(a)(1)(B) of such Act, but due to the deployment of both parents or legal guardians, or a parent or legal guardian having sole custody of such children, or due to the death of a military parent or legal guardian while on active duty (so long as such children reside on Federal property as described in section 8003(a)(1)(B)), are no longer eligible under such section, shall be considered as eligible students under such section, provided such students remain in average daily attendance at a school in the same local educational agency they attended prior to their change in eligibility status. School improvement programs For carrying out school improvement activities authorized by parts A and B of title II, part B of title IV, parts A and B of title VI, and parts B and C of title VII of the ESEA; the McKinney-Vento Homeless Assistance Act; section 203 of the Educational Technical Assistance Act of 2002; the Compact of Free Association Amendments Act of 2003; and the Civil Rights Act of 1964 , $4,541,744,000, of which $2,724,347,000 shall become available on July 1, 2015, and remain available through September 30, 2016, and of which $1,681,441,000 shall become available on October 1, 2015, and shall remain available through September 30, 2016, for academic year 2015–2016: Provided , That funds made available to carry out part B of title VII of the ESEA may be used for construction, renovation, and modernization of any elementary school, secondary school, or structure related to an elementary school or secondary school, run by the Department of Education of the State of Hawaii, that serves a predominantly Native Hawaiian student body: Provided further , That funds made available to carry out part C of title VII of the ESEA shall be awarded on a competitive basis, and also may be used for construction: Provided further , That $48,445,000 shall be available to carry out section 203 of the Educational Technical Assistance Act of 2002: Provided further , That $16,699,000 shall be available to carry out the Supplemental Education Grants program for the Federated States of Micronesia and the Republic of the Marshall Islands: Provided further , That the Secretary may reserve up to 5 percent of the amount referred to in the previous proviso to provide technical assistance in the implementation of these grants: Provided further , That up to 2 percent of the funds for subpart 1 of part A of title II of the ESEA shall be reserved by the Secretary for competitive awards for teacher or principal recruitment and training and professional enhancement activities, including for civic education instruction, to national not-for-profit organizations: Provided further , That $155,000,000 shall be to carry out part B of title II of the ESEA. Indian education For expenses necessary to carry out, to the extent not otherwise provided, title VII, part A of the ESEA , $130,779,000. Innovation and improvement For carrying out activities authorized by part G of title I, subpart 5 of part A and parts C and D of title II, parts B, C, and D of title V of the ESEA, and section 14007 of division A of the American Recovery and Reinvestment Act of 2009, as amended, $882,398,000: Provided , That up to $141,602,000 shall be available through December 31, 2015 for section 14007 of division A of Public Law 111–5 , and up to 5 percent of such funds may be used for technical assistance and the evaluation of activities carried out under such section: Provided further , That $230,000,000 of the funds for subpart 1 of part D of title V of the ESEA shall be for competitive grants to local educational agencies, including charter schools that are local educational agencies, or States, or partnerships of: (1) a local educational agency, a State, or both; and (2) at least one nonprofit organization to develop and implement performance-based compensation systems for teachers, principals, and other personnel in high-need schools: Provided further , That such performance-based compensation systems must consider gains in student academic achievement as well as classroom evaluations conducted multiple times during each school year among other factors and provide educators with incentives to take on additional responsibilities and leadership roles: Provided further , That recipients of such grants shall demonstrate that such performance-based compensation systems are developed with the input of teachers and school leaders in the schools and local educational agencies to be served by the grant: Provided further , That recipients of such grants may use such funds to develop or improve systems and tools (which may be developed and used for the entire local educational agency or only for schools served under the grant) that would enhance the quality and success of the compensation system, such as high-quality teacher evaluations and tools to measure growth in student achievement: Provided further , That applications for such grants shall include a plan to sustain financially the activities conducted and systems developed under the grant once the grant period has expired: Provided further , That up to 5 percent of such funds for competitive grants shall be available for technical assistance, training, peer review of applications, program outreach, and evaluation activities: Provided further , That of the funds available for part B of title V of the ESEA, the Secretary shall use up to $11,000,000 to carry out activities under section 5205(b) and shall use not less than $13,000,000 for subpart 2: Provided further , That of the funds available for subpart 1 of part B of title V of the ESEA, and notwithstanding section 5205(a), the Secretary shall reserve up to $75,000,000 to make multiple awards to non-profit charter management organizations and other entities that are not for-profit entities for the replication and expansion of successful charter school models and shall reserve up to $12,000,000 to carry out the activities described in section 5205(a), including improving quality and oversight of charter schools and providing technical assistance and grants to authorized public chartering agencies in order to increase the number of high-performing charter schools: Provided further , That funds available for part B of title V of the ESEA may be used for grants that support preschool education in charter schools: Provided further , That each application submitted pursuant to section 5203(a) shall describe a plan to monitor and hold accountable authorized public chartering agencies through such activities as providing technical assistance or establishing a professional development program, which may include evaluation, planning, training, and systems development for staff of authorized public chartering agencies to improve the capacity of such agencies in the State to authorize, monitor, and hold accountable charter schools: Provided further , That each application submitted pursuant to section 5203(a) shall contain assurances that State law, regulations, or other policies require that: (1) each authorized charter school in the State operate under a legally binding charter or performance contract between itself and the school’s authorized public chartering agency that describes the rights and responsibilities of the school and the public chartering agency; conduct annual, timely, and independent audits of the school’s financial statements that are filed with the school’s authorized public chartering agency; and demonstrate improved student academic achievement; and (2) authorized public chartering agencies use increases in student academic achievement for all groups of students described in section 1111(b)(2)(C)(v) of the ESEA as the most important factor when determining to renew or revoke a school’s charter: Provided further , That $10,000,000 of the funds for subpart 1 of part D of title V of the ESEA shall be for competitive grants to local educational agencies to develop, implement, and evaluate interventions to improve the non-cognitive skills of students in the middle grades. Safe schools and citizenship education For carrying out activities authorized by part A of title IV and subparts 1, 2, and 10 of part D of title V of the ESEA, $280,876,000: Provided , That $90,000,000 shall be available for subpart 2 of part A of title IV, of which up to $5,000,000, to remain available until expended, shall be for the Project School Emergency Response to Violence ( Project SERV ) program to provide education-related services to local educational agencies and institutions of higher education in which the learning environment has been disrupted due to a violent or traumatic crisis: Provided further , That $59,887,000 shall be available for Promise Neighborhoods. English language acquisition For carrying out part A of title III of the ESEA , $732,144,000, which shall become available on July 1, 2015, and shall remain available through September 30, 2016, except that 6.5 percent of such amount shall be available on October 1, 2014, and shall remain available through September 30, 2016, to carry out activities under section 3111(c)(1)(C): Provided, That the Secretary shall use estimates of the American Community Survey child counts for the most recent 3-year period available to calculate allocations under such part. Special education For carrying out the Individuals with Disabilities Education Act (IDEA) and the Special Olympics Sport and Empowerment Act of 2004, $12,648,712,000, of which $3,109,827,000 shall become available on July 1, 2015, and shall remain available through September 30, 2016, and of which $9,283,383,000 shall become available on October 1, 2015, and shall remain available through September 30, 2016, for academic year 2015–2016: Provided , That the amount for section 611(b)(2) of the IDEA shall be equal to the lesser of the amount available for that activity during fiscal year 2014, increased by the amount of inflation as specified in section 619(d)(2)(B) of the IDEA, or the percent change in the funds appropriated under section 611(i) of the IDEA, but not less than the amount for that activity during fiscal year 2014: Provided further , That the Secretary shall, without regard to section 611(d) of the IDEA, distribute to all other States (as that term is defined in section 611(g)(2)), subject to the third proviso, any amount by which a State's allocation under section 611(d), from funds appropriated under this heading, is reduced under section 612(a)(18)(B), according to the following: 85 percent on the basis of the States' relative populations of children aged 3 through 21 who are of the same age as children with disabilities for whom the State ensures the availability of a free appropriate public education under this part, and 15 percent to States on the basis of the States' relative populations of those children who are living in poverty: Provided further , That the Secretary may not distribute any funds under the previous proviso to any State whose reduction in allocation from funds appropriated under this heading made funds available for such a distribution: Provided further , That the States shall allocate such funds distributed under the second proviso to local educational agencies in accordance with section 611(f): Provided further , That the amount by which a State's allocation under section 611(d) of the IDEA is reduced under section 612(a)(18)(B) and the amounts distributed to States under the previous provisos in fiscal year 2012 or any subsequent year shall not be considered in calculating the awards under section 611(d) for fiscal year 2013 or for any subsequent fiscal years: Provided further , That, notwithstanding section 612(a)(18)(B), in reducing a State's allocation under section 611 for failure to comply with the requirement of section 612(a)(18)(A), the Secretary may apply that reduction over a period of consecutive fiscal years, not to exceed five, until the entire reduction is applied: Provided further , That the Secretary may, in any fiscal year in which a State's allocation under section 611 is reduced in accordance with section 612(a)(18)(B), reduce the amount a State may reserve under section 611(e)(1) by an amount that bears the same relation to the maximum amount described in that paragraph as the reduction under section 612(a)(18)(B) bears to the total allocation the State would have received in that fiscal year under section 611(d) in the absence of the reduction: Provided further , That the Secretary shall either reduce the allocation of funds under section 611 for any fiscal year following the fiscal year for which the State fails to comply with the requirement of section 612(a)(18)(A) as authorized by section 612(a)(18)(B), or seek to recover funds under section 452 of the General Education Provisions Act ( 20 U.S.C. 1234a ): Provided further , That the funds reserved under 611(c) of the IDEA may be used to provide technical assistance to States to improve the capacity of the States to meet the data collection requirements of sections 616 and 618 and to administer and carry out other services and activities to improve data collection, coordination, quality, and use under parts B and C of the IDEA: Provided further , That the Secretary may reserve up to $10,000,000 of the funds made available for section 663 of the IDEA to support: (1) grants to States, outlying areas, freely associated states, and the Secretary of the Interior to carry out activities identified in their State Systemic Improvement Plans to improve results for children with disabilities birth through age 21 under Parts B and C of the IDEA; and (2) related activities for carrying out and assessing the performance of those grants: Provided further , That funds reserved under the preceding proviso shall remain available for obligation through September 30, 2016: Provided further , That each entity that receives a grant under the second preceding proviso may make subgrants, contracts, or otherwise distribute those funds on a competitive, targeted, or formula basis to public, private, and non-profit entities, including local educational agencies and early intervention service providers, to carry out activities authorized under that proviso: Provided further , That the level of effort a local educational agency must meet under section 613(a)(2)(A)(iii) of the IDEA, in the year after it fails to maintain effort is the level of effort that would have been required in the absence of that failure and not the LEA's reduced level of expenditures: Provided further , That the Secretary may use funds made available for the State Personnel Development Grants program under Part D, subpart 1 of IDEA to evaluate program performance. Rehabilitation services and disability research For carrying out, to the extent not otherwise provided, the Rehabilitation Act of 1973, the Assistive Technology Act of 1998, and the Helen Keller National Center Act, $3,722,853,000, of which $3,335,074,000 shall be for grants for vocational rehabilitation services under title I of the Rehabilitation Act: Provided , That section 302(g)(3) of the Rehabilitation Act shall not apply to funds provided under section 302 of such Act: Provided further , That the Secretary may use amounts provided in this Act that remain available subsequent to the reallotment of funds to States pursuant to section 110(b) of the Rehabilitation Act for innovative activities aimed at improving the outcomes of individuals with disabilities as defined in section 7(20)(B) of the Rehabilitation Act, including activities aimed at improving the education and post-school outcomes of children receiving Supplemental Security Income ( SSI ) and their families that may result in long-term improvement in the SSI child recipient's economic status and self-sufficiency: Provided further , That States may award subgrants for a portion of the funds to other public and private, non-profit entities: Provided further, That any funds made available subsequent to reallotment for innovative activities aimed at improving the outcomes of individuals with disabilities shall remain available until September 30, 2016. Special institutions for persons with disabilities American printing house for the blind For carrying out the Act of March 3, 1879, $25,000,000. National technical institute for the deaf For the National Technical Institute for the Deaf under titles I and II of the Education of the Deaf Act of 1986, $67,741,000: Provided, That from the total amount available, the Institute may at its discretion use funds for the endowment program as authorized under section 207 of such Act. Gallaudet university For the Kendall Demonstration Elementary School, the Model Secondary School for the Deaf, and the partial support of Gallaudet University under titles I and II of the Education of the Deaf Act of 1986, $121,550,000: Provided , That from the total amount available, the University may at its discretion use funds for the endowment program as authorized under section 207 of such Act. Career, technical, and adult education For carrying out, to the extent not otherwise provided, the Carl D. Perkins Career and Technical Education Act of 2006 and the Adult Education and Family Literacy Act ( AEFLA ), $1,739,156,000, of which $948,156,000 shall become available on July 1, 2015, and shall remain available through September 30, 2016, and of which $791,000,000 shall become available on October 1, 2015, and shall remain available through September 30, 2016: Provided , That of the amount provided for Adult Education State Grants, $72,425,000 shall be made available for integrated English literacy and civics education services to immigrants and other limited-English-proficient populations: Provided further, That of the amount reserved for integrated English literacy and civics education, notwithstanding section 211 of the AEFLA, 65 percent shall be allocated to States based on a State's absolute need as determined by calculating each State's share of a 10-year average of the United States Citizenship and Immigration Services data for immigrants admitted for legal permanent residence for the 10 most recent years, and 35 percent allocated to States that experienced growth as measured by the average of the 3 most recent years for which United States Citizenship and Immigration Services data for immigrants admitted for legal permanent residence are available, except that no State shall be allocated an amount less than $60,000: Provided further, That of the amounts made available for AEFLA, $13,712,000 shall be for national leadership activities under section 243. Student financial assistance For carrying out subparts 1, 3, and 10 of part A, and part C of title IV of the HEA , $24,233,210,000, which shall remain available through September 30, 2016. The maximum Pell Grant for which a student shall be eligible during award year 2015–2016 shall be $4,860. Student aid administration For Federal administrative expenses to carry out part D of title I, and subparts 1, 3, 9, and 10 of part A, and parts B, C, D, and E of title IV of the HEA , and subpart 1 of part A of title VII of the Public Health Service Act, $1,446,924,000, to remain available through September 30, 2016. Higher education For carrying out, to the extent not otherwise provided, titles II, III, IV, V, VI, VII, and VIII of the HEA, the Mutual Educational and Cultural Exchange Act of 1961, and section 117 of the Carl D. Perkins Career and Technical Education Act of 2006, $1,969,893,000: Provided , That $1,000,000 shall be for data collection and evaluation activities for programs under the HEA, including such activities needed to comply with the Government Performance and Results Act of 1993 : Provided further , That notwithstanding any other provision of law, funds made available in this Act to carry out title VI of the HEA and section 102(b)(6) of the Mutual Educational and Cultural Exchange Act of 1961 may be used to support visits and study in foreign countries by individuals who are participating in advanced foreign language training and international studies in areas that are vital to United States national security and who plan to apply their language skills and knowledge of these countries in the fields of government, the professions, or international development: Provided further , That of the funds referred to in the preceding proviso up to 1 percent may be used for program evaluation, national outreach, and information dissemination activities: Provided further , That up to 1.5 percent of the funds made available under chapter 2 of subpart 2 of part A of title IV may be used for evaluation: Provided further , That up to 2.5 percent of the funds made available under this Act for part B of title VII of the HEA may be used for technical assistance and the evaluation of activities carried out under such section. Howard university For partial support of Howard University, $221,821,000, of which not less than $3,405,000 shall be for a matching endowment grant pursuant to the Howard University Endowment Act and shall remain available until expended. College housing and academic facilities loans program For Federal administrative expenses to carry out activities related to existing facility loans pursuant to section 121 of the HEA , $435,000. Historically Black College and University Capital Financing Program Account For the cost of guaranteed loans, $20,150,000, as authorized pursuant to part D of title III of the HEA, which shall remain available through September 30, 2016: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That these funds are available to subsidize total loan principal, any part of which is to be guaranteed, not to exceed $338,552,000: Provided further, That these funds may be used to support loans to public and private Historically Black Colleges and Universities without regard to the limitations within section 344(a) of the HEA. In addition, for administrative expenses to carry out the Historically Black College and University Capital Financing Program entered into pursuant to part D of title III of the HEA, $334,000. Institute of education sciences For carrying out activities authorized by the Education Sciences Reform Act of 2002, the National Assessment of Educational Progress Authorization Act, section 208 of the Educational Technical Assistance Act of 2002, and section 664 of the Individuals with Disabilities Education Act, $585,006,000, which shall remain available through September 30, 2016: Provided , That funds available to carry out section 208 of the Educational Technical Assistance Act may be used to link Statewide elementary and secondary data systems with early childhood, postsecondary, and workforce data systems, or to further develop such systems: Provided further , That up to $6,000,000 of the funds available to carry out section 208 of the Educational Technical Assistance Act may be used for awards to public or private organizations or agencies to support activities to improve data coordination, quality, and use at the local, State, and national levels. Departmental management Program administration For carrying out, to the extent not otherwise provided, the Department of Education Organization Act, including rental of conference rooms in the District of Columbia and hire of three passenger motor vehicles, $422,917,000, of which up to $1,000,000, to remain available until expended, shall be for relocation of, and renovation of buildings occupied by, Department staff. Office for civil rights For expenses necessary for the Office for Civil Rights, as authorized by section 203 of the Department of Education Organization Act, $102,624,000. Office of inspector general For expenses necessary for the Office of Inspector General, as authorized by section 212 of the Department of Education Organization Act, $58,791,000. General provisions 301. No funds appropriated in this Act may be used for the transportation of students or teachers (or for the purchase of equipment for such transportation) in order to overcome racial imbalance in any school or school system, or for the transportation of students or teachers (or for the purchase of equipment for such transportation) in order to carry out a plan of racial desegregation of any school or school system. 302. None of the funds contained in this Act shall be used to require, directly or indirectly, the transportation of any student to a school other than the school which is nearest the student's home, except for a student requiring special education, to the school offering such special education, in order to comply with title VI of the Civil Rights Act of 1964. For the purpose of this section an indirect requirement of transportation of students includes the transportation of students to carry out a plan involving the reorganization of the grade structure of schools, the pairing of schools, or the clustering of schools, or any combination of grade restructuring, pairing, or clustering. The prohibition described in this section does not include the establishment of magnet schools. 303. No funds appropriated in this Act may be used to prevent the implementation of programs of voluntary prayer and meditation in the public schools. (transfer of funds) 304. Not to exceed 1 percent of any discretionary funds (pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985) which are appropriated for the Department of Education in this Act may be transferred between appropriations, but no such appropriation shall be increased by more than 3 percent by any such transfer: Provided , That the transfer authority granted by this section shall not be used to create any new program or to fund any project or activity for which no funds are provided in this Act: Provided further , That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer. 305. The Outlying Areas may consolidate funds received under this Act, pursuant to 48 U.S.C. 1469a , under part A of title V of the ESEA. 306. Section 105(f)(1)(B)(ix) of the Compact of Free Association Amendments Act of 2003 ( 48 U.S.C. 1921d(f)(1)(B)(ix) ) shall be applied by substituting 2015 for 2009 . 307. The Secretary may reserve funds under section 9601 of the ESEA (subject to the limitations in subsections (b) and (c) of that section) in order to carry out activities authorized under that section with respect to any ESEA program funded in this Act and without respect to the source of funds for those activities: Provided , That any funds reserved under this section shall be available from July 1, 2015 through September 30, 2016: Provided further , That not later than 10 days prior to the initial obligation of funds reserved under this section, the Secretary shall submit an evaluation plan to the Senate Committees on Appropriations and Health, Education, Labor, and Pensions and the House Committees on Appropriations and Education and the Workforce which identifies the source and amount of funds reserved under this section, the impact on program grantees if funds are withheld, and the programs to be evaluated with such funds. 308. None of the funds made available by this Act to carry out the HEA may be disbursed or delivered to an institution of higher education (or other postsecondary educational institution) on behalf of a student, or to a student to be used to attend the institution, unless the institution certifies to the Secretary that it will not use revenues derived from educational assistance funds provided in any form under any Federal law for advertising, marketing or student recruitment activities (other than activities required or specifically authorized by title IV of the HEA or otherwise specified by the Secretary). 309. The Secretary of Education shall— (1) modify the Free Application for Federal Student Aid described in section 483 of the HEA so that the Free Application for Federal Student Aid contains an individual box for the purpose of identifying students who are foster youth or were in the foster care system; and (2) utilize such identification as a tool to notify students who are foster youth or were in the foster care system of their potential eligibility for Federal student aid, including postsecondary education programs through the John H. Chafee Foster Care Independence Program and any other Federal programs under which such students may be eligible to receive assistance. 310. (a) Student Eligibility (1) Subsection (d) of section 484 of the HEA is amended to read as follows: (d) Students who are not high school graduates (1) Student eligibility 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 the requirements of one of the following subparagraphs: (A) The student is enrolled in an eligible career pathway program and meets one of the following standards: (i) 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. (ii) 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 secondary 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. (iii) 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 6 credit hours or the equivalent coursework that are applicable toward a degree or certificate offered by the institution of higher education. (B) 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. (2) Eligible career pathway program In this subsection, the term eligible career pathway program means a program that— (A) concurrently enrolls participants in connected adult education and eligible postsecondary programs; (B) provides counseling and supportive services to identify and attain academic and career goals; (C) provides structured course sequences that— (i) are articulated and contextualized; and (ii) allow students to advance to higher levels of education and employment; (D) provides opportunities for acceleration to attain recognized postsecondary credentials, including degrees, industry relevant certifications, and certificates of completion of apprenticeship programs; (E) is organized to meet the needs of adults; (F) is aligned with the education and skill needs of the regional economy; and (G) has been developed and implemented in collaboration with partners in business, workforce development, and economic development. . (2) The amendment made by paragraph (1) shall take effect as if such amendment was enacted on June 30, 2014, and shall apply to students who are enrolled or who first enroll in an eligible program of study on or after July 1, 2014. (b) Section 401 (b)(2)(A)(ii) of the HEA is amended by inserting after year and before the comma except that a student eligible only under 484(d)(1)(A) who first enrolls in an eligible program of study on or after July 1, 2015 shall not be eligible for the amount of the increase calculated under paragraph (7)(B) . This title may be cited as the Department of Education Appropriations Act, 2015 . IV Related Agencies Committee for purchase from people who are blind or severely disabled Salaries and expenses For expenses necessary for the Committee for Purchase From People Who Are Blind or Severely Disabled established by Public Law 92–28 , $5,441,000. Corporation for national and community service Operating expenses For necessary expenses for the Corporation for National and Community Service (referred to in this title as CNCS ) to carry out the Domestic Volunteer Service Act of 1973 (referred to in this title as 1973 Act ) and the National and Community Service Act of 1990 (referred to in this title as 1990 Act ), $765,349,000, notwithstanding sections 198B(b)(3), 198S(g), 501(a)(6), 501(a)(4)(C), and 501(a)(4)(F) of the 1990 Act: Provided , That of the amounts provided under this heading: (1) up to 1 percent of program grant funds may be used to defray the costs of conducting grant application reviews, including the use of outside peer reviewers and electronic management of the grants cycle; (2) $70,000,000 shall be available for expenses authorized under section 501(a)(4)(E) of the 1990 Act; (3) $15,538,000 shall be available to provide assistance to State commissions on national and community service, under section 126(a) of the 1990 Act and notwithstanding section 501(a)(5)(B) of the 1990 Act; (4) $30,000,000 shall be available to carry out subtitle E of the 1990 Act; and (5) $3,800,000 shall be available for expenses authorized under section 501(a)(4)(F) of the 1990 Act, which, notwithstanding the provisions of section 198P shall be awarded by CNCS on a competitive basis: Provided further , That for the purposes of carrying out the 1990 Act, satisfying the requirements in section 122(c)(1)(D), may include a determination of need by the local community: Provided further , That not to exceed 20 percent of funds made available under section 501(a)(4)(E) of the 1990 Act may be used for Social Innovation Fund Pilot Program-related performance-based awards for Pay for Success projects and shall remain available through September 30, 2016: Provided further , That, with respect to the previous proviso, any funds obligated for such projects shall remain available for disbursement until expended, notwithstanding 31 U.S.C. 1552(a) : Provided further , That any funds deobligated from projects under section 501(a)(4)(E) of the 1990 Act shall immediately be available for activities authorized under 198K of such Act. Payment to the National service trust (including transfer of funds) For payment to the National Service Trust established under subtitle D of title I of the 1990 Act, $210,695,000, to remain available until expended: Provided , That CNCS may transfer additional funds from the amount provided within Operating Expenses allocated to grants under subtitle C of title I of the 1990 Act to the National Service Trust upon determination that such transfer is necessary to support the activities of national service participants and after notice is transmitted to the Committees on Appropriations of the House of Representatives and the Senate: Provided further , That amounts appropriated for or transferred to the National Service Trust may be invested under section 145(b) of the 1990 Act without regard to the requirement to apportion funds under 31 U.S.C. 1513(b) . Salaries and expenses For necessary expenses of administration as provided under section 501(a)(5) of the 1990 Act and under section 504(a) of the 1973 Act, including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference rooms in the District of Columbia, the employment of experts and consultants authorized under 5 U.S.C. 3109 , and not to exceed $2,500 for official reception and representation expenses, $83,737,000. Office of inspector general For necessary expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, $5,500,000. Administrative provisions 401. CNCS shall make any significant changes to program requirements, service delivery or policy only through public notice and comment rulemaking. For fiscal year 2015, during any grant selection process, an officer or employee of CNCS shall not knowingly disclose any covered grant selection information regarding such selection, directly or indirectly, to any person other than an officer or employee of CNCS that is authorized by CNCS to receive such information. 402. AmeriCorps programs receiving grants under the National Service Trust program shall meet an overall minimum share requirement of 24 percent for the first 3 years that they receive AmeriCorps funding, and thereafter shall meet the overall minimum share requirement as provided in section 2521.60 of title 45, Code of Federal Regulations, without regard to the operating costs match requirement in section 121(e) or the member support Federal share limitations in section 140 of the 1990 Act, and subject to partial waiver consistent with section 2521.70 of title 45, Code of Federal Regulations. 403. Donations made to CNCS under section 196 of the 1990 Act for the purposes of financing programs and operations under titles I and II of the 1973 Act or subtitle B, C, D, or E of title I of the 1990 Act shall be used to supplement and not supplant current programs and operations. 404. In addition to the requirements in section 146(a) of the 1990 Act, use of an educational award for the purpose described in section 148(a)(4) shall be limited to individuals who are veterans as defined under section 101 of the Act. 405. For the purpose of carrying out section 189D of the 1990 Act: (1) Entities described in paragraph (a) of such section shall be considered qualified entities under section 3 of the National Child Protection Act of 1993 ( NCPA ); and (2) Individuals described in such section shall be considered volunteers under section 3 of NCPA; and (3) State Commissions on National and Community Service established pursuant to section 178 of the 1990 Act, are authorized to receive criminal history record information, consistent with Public Law 92–544 . Corporation for public broadcasting For payment to the Corporation for Public Broadcasting ( CPB ), as authorized by the Communications Act of 1934 , an amount which shall be available within limitations specified by that Act, for the fiscal year 2017, $445,000,000: Provided , That none of the funds made available to CPB by this Act shall be used to pay for receptions, parties, or similar forms of entertainment for Government officials or employees: Provided further , That none of the funds made available to CPB by this Act shall be available or used to aid or support any program or activity from which any person is excluded, or is denied benefits, or is discriminated against, on the basis of race, color, national origin, religion, or sex: Provided further , That none of the funds made available to CPB by this Act shall be used to apply any political test or qualification in selecting, appointing, promoting, or taking any other personnel action with respect to officers, agents, and employees of CPB: Provided further , That none of the funds made available to CPB by this Act shall be used to support the Television Future Fund or any similar purpose. Federal mediation and conciliation service Salaries and expenses For expenses necessary for the Federal Mediation and Conciliation Service ( Service ) to carry out the functions vested in it by the Labor-Management Relations Act, 1947, including hire of passenger motor vehicles; for expenses necessary for the Labor-Management Cooperation Act of 1978; and for expenses necessary for the Service to carry out the functions vested in it by the Civil Service Reform Act, $46,163,000, including up to $400,000 to remain available through September 30, 2016 for activities authorized by the Labor-Management Cooperation Act of 1978: Provided, That notwithstanding 31 U.S.C. 3302 , fees charged, up to full-cost recovery, for special training activities and other conflict resolution services and technical assistance, including those provided to foreign governments and international organizations, and for arbitration services shall be credited to and merged with this account, and shall remain available until expended: Provided further, That fees for arbitration services shall be available only for education, training, and professional development of the agency workforce: Provided further , That the Director of the Service is authorized to accept and use on behalf of the United States gifts of services and real, personal, or other property in the aid of any projects or functions within the Director's jurisdiction. Federal mine safety and health review commission Salaries and expenses For expenses necessary for the Federal Mine Safety and Health Review Commission, $17,061,000. Institute of museum and library services Office of museum and library services: grants and administration For carrying out the Museum and Library Services Act of 1996 and the National Museum of African American History and Culture Act, $231,490,000. Medicaid and CHIP payment and access commission Salaries and expenses For expenses necessary to carry out section 1900 of the Social Security Act, $8,500,000. Medicare payment advisory commission Salaries and expenses For expenses necessary to carry out section 1805 of the Social Security Act , $12,300,000, to be transferred to this appropriation from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund. National council on disability Salaries and expenses For expenses necessary for the National Council on Disability as authorized by title IV of the Rehabilitation Act of 1973 , $3,264,000. National Health Care Workforce Commission For necessary expenses for the National Health Care Workforce Commission, as authorized by title V, subtitle B, section 5101 of the Patient Protection and Affordable Care Act, $3,000,000, to remain available until expended. National labor relations board Salaries and expenses For expenses necessary for the National Labor Relations Board to carry out the functions vested in it by the Labor-Management Relations Act, 1947, and other laws, $278,306,000: Provided , That no part of this appropriation shall be available to organize or assist in organizing agricultural laborers or used in connection with investigations, hearings, directives, or orders concerning bargaining units composed of agricultural laborers as referred to in section 2(3) of the Act of July 5, 1935, and as amended by the Labor-Management Relations Act, 1947, and as defined in section 3(f) of the Act of June 25, 1938, and including in said definition employees engaged in the maintenance and operation of ditches, canals, reservoirs, and waterways when maintained or operated on a mutual, nonprofit basis and at least 95 percent of the water stored or supplied thereby is used for farming purposes. National mediation board Salaries and expenses For expenses necessary to carry out the provisions of the Railway Labor Act, including emergency boards appointed by the President, $13,411,000. Occupational safety and health review commission Salaries and expenses For expenses necessary for the Occupational Safety and Health Review Commission, $12,651,000. Railroad retirement board Dual benefits payments account For payment to the Dual Benefits Payments Account, authorized under section 15(d) of the Railroad Retirement Act of 1974, $34,000,000, which shall include amounts becoming available in fiscal year 2014 pursuant to section 224(c)(1)(B) of Public Law 98–76 ; and in addition, an amount, not to exceed 2 percent of the amount provided herein, shall be available proportional to the amount by which the product of recipients and the average benefit received exceeds the amount available for payment of vested dual benefits: Provided , That the total amount provided herein shall be credited in 12 approximately equal amounts on the first day of each month in the fiscal year. Federal payments to the railroad retirement accounts For payment to the accounts established in the Treasury for the payment of benefits under the Railroad Retirement Act for interest earned on unnegotiated checks, $150,000, to remain available through September 30, 2016, which shall be the maximum amount available for payment pursuant to section 417 of Public Law 98–76 . Limitation on administration For necessary expenses for the Railroad Retirement Board ( Board ) for administration of the Railroad Retirement Act and the Railroad Unemployment Insurance Act, $112,150,000, to be derived in such amounts as determined by the Board from the railroad retirement accounts and from moneys credited to the railroad unemployment insurance administration fund: Provided , That notwithstanding section 7(b)(9) of the Railroad Retirement Act this limitation may be used to hire attorneys only through the excepted service: Provided further , That the previous proviso shall not change the status under Federal employment laws of any attorney hired by the Railroad Retirement Board prior to January 1, 2013. Limitation on the office of inspector general For expenses necessary for the Office of Inspector General for audit, investigatory and review activities, as authorized by the Inspector General Act of 1978, not more than $8,750,000, to be derived from the railroad retirement accounts and railroad unemployment insurance account. Social security administration Payments to social security trust funds For payment to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, as provided under sections 201(m), 228(g), and 1131(b)(2) of the Social Security Act , $16,400,000. Supplemental security income program For carrying out titles XI and XVI of the Social Security Act, section 401 of Public Law 92–603 , section 212 of Public Law 93–66 , as amended, and section 405 of Public Law 95–216 , including payment to the Social Security trust funds for administrative expenses incurred pursuant to section 201(g)(1) of the Social Security Act, $40,998,647,000, to remain available until expended: Provided , That any portion of the funds provided to a State in the current fiscal year and not obligated by the State during that year shall be returned to the Treasury: Provided further, That not more than $83,000,000 shall be available for research and demonstrations under sections 1110, 1115, and 1144 of the Social Security Act, to remain available until expended. For making, after June 15 of the current fiscal year, benefit payments to individuals under title XVI of the Social Security Act, for unanticipated costs incurred for the current fiscal year, such sums as may be necessary. For making benefit payments under title XVI of the Social Security Act for the first quarter of fiscal year 2016, $19,200,000,000, to remain available until expended. Limitation on administrative expenses For necessary expenses, including the hire of two passenger motor vehicles, and not to exceed $20,000 for official reception and representation expenses, not more than $10,536,026,000 may be expended, as authorized by section 201(g)(1) of the Social Security Act, from any one or all of the trust funds referred to in such section: Provided , That not less than $2,300,000 shall be for the Social Security Advisory Board: Provided further , That unobligated balances of funds provided under this paragraph at the end of fiscal year 2015 not needed for fiscal year 2015 shall remain available until expended to invest in the Social Security Administration information technology and telecommunications hardware and software infrastructure, including related equipment and non-payroll administrative expenses associated solely with this information technology and telecommunications infrastructure: Provided further , That the Commissioner of Social Security shall notify the Committees on Appropriations of the House of Representatives and the Senate prior to making unobligated balances available under the authority in the previous proviso: Provided further , That reimbursement to the trust funds under this heading for expenditures for official time for employees of the Social Security Administration pursuant to 5 U.S.C. 7131 , and for facilities or support services for labor organizations pursuant to policies, regulations, or procedures referred to in section 7135(b) of such title shall be made by the Secretary of the Treasury, with interest, from amounts in the general fund not otherwise appropriated, as soon as possible after such expenditures are made. In addition, for the costs associated with continuing disability reviews under titles II and XVI of the Social Security Act and for the cost associated with conducting redeterminations of eligibility under title XVI of the Social Security Act, $1,396,000,000 may be expended, as authorized by section 201(g)(1) of the Social Security Act, from any one or all of the trust funds referred to therein: Provided , That, of such amount, $273,000,000 is provided to meet the terms of section 251(b)(2)(B)(ii)(III) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, and $1,123,000,000 is additional new budget authority specified for purposes of section 251(b)(2)(B) of such Act: Provided further , That the Commissioner shall provide to the Congress (at the conclusion of the fiscal year) a report on the obligation and expenditure of these funds, similar to the reports that were required by section 103(d)(2) of Public Law 104–121 for fiscal years 1996 through 2002. In addition, $124,000,000 to be derived from administration fees in excess of $5.00 per supplementary payment collected pursuant to section 1616(d) of the Social Security Act or section 212(b)(3) of Public Law 93–66 , which shall remain available until expended. To the extent that the amounts collected pursuant to such sections in fiscal year 2015 exceed $124,000,000, the amounts shall be available in fiscal year 2016 only to the extent provided in advance in appropriations Acts. In addition, up to $1,000,000 to be derived from fees collected pursuant to section 303(c) of the Social Security Protection Act, which shall remain available until expended. Office of inspector general (including transfer of funds) For expenses necessary for the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $28,829,000, together with not to exceed $74,249,000, to be transferred and expended as authorized by section 201(g)(1) of the Social Security Act from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund. In addition, an amount not to exceed 3 percent of the total provided in this appropriation may be transferred from the Limitation on Administrative Expenses , Social Security Administration, to be merged with this account, to be available for the time and purposes for which this account is available: Provided, That notice of such transfers shall be transmitted promptly to the Committees on Appropriations of the House of Representatives and the Senate at least 15 days in advance of any transfer. V General Provisions (transfer of funds) 501. The Secretaries of Labor, Health and Human Services, and Education are authorized to transfer unexpended balances of prior appropriations to accounts corresponding to current appropriations provided in this Act. Such transferred balances shall be used for the same purpose, and for the same periods of time, for which they were originally appropriated. 502. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. 503. (a) No part of any appropriation contained in this Act or transferred pursuant to section 4002 of Public Law 111–148 shall be used, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, electronic communication, radio, television, or video presentation designed to support or defeat the enactment of legislation before the Congress or any State or local legislature or legislative body, except in presentation to the Congress or any State or local legislature itself, or designed to support or defeat any proposed or pending regulation, administrative action, or order issued by the executive branch of any State or local government, except in presentation to the executive branch of any State or local government itself. (b) No part of any appropriation contained in this Act or transferred pursuant to section 4002 of Public Law 111–148 shall be used to pay the salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to any activity designed to influence the enactment of legislation, appropriations, regulation, administrative action, or Executive order proposed or pending before the Congress or any State government, State legislature or local legislature or legislative body, other than for normal and recognized executive-legislative relationships or participation by an agency or officer of a State, local or tribal government in policymaking and administrative processes within the executive branch of that government. 504. The Secretaries of Labor and Education are authorized to make available not to exceed $28,000 and $20,000, respectively, from funds available for salaries and expenses under titles I and III, respectively, for official reception and representation expenses; the Director of the Federal Mediation and Conciliation Service is authorized to make available for official reception and representation expenses not to exceed $5,000 from the funds available for Federal Mediation and Conciliation Service, Salaries and Expenses ; and the Chairman of the National Mediation Board is authorized to make available for official reception and representation expenses not to exceed $5,000 from funds available for National Mediation Board, Salaries and Expenses . 505. When issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with Federal money, all grantees receiving Federal funds included in this Act, including but not limited to State and local governments and recipients of Federal research grants, shall clearly state— (1) the percentage of the total costs of the program or project which will be financed with Federal money; (2) the dollar amount of Federal funds for the project or program; and (3) percentage and dollar amount of the total costs of the project or program that will be financed by non-governmental sources. 506. (a) None of the funds appropriated in this Act, and none of the funds in any trust fund to which funds are appropriated in this Act, shall be expended for any abortion. (b) None of the funds appropriated in this Act, and none of the funds in any trust fund to which funds are appropriated in this Act, shall be expended for health benefits coverage that includes coverage of abortion. (c) The term health benefits coverage means the package of services covered by a managed care provider or organization pursuant to a contract or other arrangement. 507. (a) The limitations established in the preceding section shall not apply to an abortion— (1) if the pregnancy is the result of an act of rape or incest; or (2) in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death unless an abortion is performed. (b) Nothing in the preceding section shall be construed as prohibiting the expenditure by a State, locality, entity, or private person of State, local, or private funds (other than a State's or locality's contribution of Medicaid matching funds). (c) Nothing in the preceding section shall be construed as restricting the ability of any managed care provider from offering abortion coverage or the ability of a State or locality to contract separately with such a provider for such coverage with State funds (other than a State's or locality's contribution of Medicaid matching funds). (d) (1) None of the funds made available in this Act may be made available to a Federal agency or program, or to a State or local government, if such agency, program, or government subjects any institutional or individual health care entity to discrimination on the basis that the health care entity does not provide, pay for, provide coverage of, or refer for abortions. (2) In this subsection, the term health care entity includes an individual physician or other health care professional, a hospital, a provider-sponsored organization, a health maintenance organization, a health insurance plan, or any other kind of health care facility, organization, or plan. 508. (a) None of the funds made available in this Act may be used for— (1) the creation of a human embryo or embryos for research purposes; or (2) research in which a human embryo or embryos are destroyed, discarded, or knowingly subjected to risk of injury or death greater than that allowed for research on fetuses in utero under 45 CFR 46.204(b) and section 498(b) of the Public Health Service Act ( 42 U.S.C. 289g(b) ). (b) For purposes of this section, the term human embryo or embryos includes any organism, not protected as a human subject under 45 CFR 46 as of the date of the enactment of this Act, that is derived by fertilization, parthenogenesis, cloning, or any other means from one or more human gametes or human diploid cells. 509. (a) None of the funds made available in this Act may be used for any activity that promotes the legalization of any drug or other substance included in schedule I of the schedules of controlled substances established under section 202 of the Controlled Substances Act except for normal and recognized executive-congressional communications. (b) The limitation in subsection (a) shall not apply when there is significant medical evidence of a therapeutic advantage to the use of such drug or other substance or that federally sponsored clinical trials are being conducted to determine therapeutic advantage. 510. None of the funds made available in this Act may be used to promulgate or adopt any final standard under section 1173(b) of the Social Security Act providing for, or providing for the assignment of, a unique health identifier for an individual (except in an individual's capacity as an employer or a health care provider), until legislation is enacted specifically approving the standard. 511. None of the funds made available in this Act may be obligated or expended to enter into or renew a contract with an entity if— (1) such entity is otherwise a contractor with the United States and is subject to the requirement in 38 U.S.C. 4212(d) regarding submission of an annual report to the Secretary of Labor concerning employment of certain veterans; and (2) such entity has not submitted a report as required by that section for the most recent year for which such requirement was applicable to such entity. 512. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriation Act. 513. None of the funds made available by this Act to carry out the Library Services and Technology Act may be made available to any library covered by paragraph (1) of section 224(f) of such Act, as amended by the Children's Internet Protection Act, unless such library has made the certifications required by paragraph (4) of such section. 514. (a) None of the funds provided under this Act, or provided under previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in fiscal year 2015, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that— (1) creates new programs; (2) eliminates a program, project, or activity; (3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (4) relocates an office or employees; (5) reorganizes or renames offices; (6) reorganizes programs or activities; or (7) contracts out or privatizes any functions or activities presently performed by Federal employees; unless the Committees on Appropriations of the House of Representatives and the Senate are consulted 15 days in advance of such reprogramming or of an announcement of intent relating to such reprogramming, whichever occurs earlier, and are notified in writing 10 days in advance of such reprogramming. (b) None of the funds provided under this Act, or provided under previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in fiscal year 2015, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds in excess of $500,000 or 10 percent, whichever is less, that— (1) augments existing programs, projects (including construction projects), or activities; (2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by Congress; or (3) results from any general savings from a reduction in personnel which would result in a change in existing programs, activities, or projects as approved by Congress; unless the Committees on Appropriations of the House of Representatives and the Senate are consulted 15 days in advance of such reprogramming or of an announcement of intent relating to such reprogramming, whichever occurs earlier, and are notified in writing 10 days in advance of such reprogramming. 515. (a) None of the funds made available in this Act may be used to request that a candidate for appointment to a Federal scientific advisory committee disclose the political affiliation or voting history of the candidate or the position that the candidate holds with respect to political issues not directly related to and necessary for the work of the committee involved. (b) None of the funds made available in this Act may be used to disseminate information that is deliberately false or misleading. 516. Within 45 days of enactment of this Act, each department and related agency funded through this Act shall submit an operating plan that details at the program, project, and activity level any funding allocations for fiscal year 2015 that are different than those specified in this Act, the accompanying detailed table in the Committee report accompanying this Act, or the fiscal year 2015 budget request. 517. The Secretaries of Labor, Health and Human Services, and Education shall each prepare and submit to the Committees on Appropriations of the House of Representatives and the Senate a report on the number and amount of contracts, grants, and cooperative agreements exceeding $500,000 in value and awarded by the Department on a non-competitive basis during each quarter of fiscal year 2015, but not to include grants awarded on a formula basis or directed by law. Such report shall include the name of the contractor or grantee, the amount of funding, the governmental purpose, including a justification for issuing the award on a non-competitive basis. Such report shall be transmitted to the Committees within 30 days after the end of the quarter for which the report is submitted. (rescission) 518. Of the funds made available for performance bonus payments under section 2105(a)(3)(E) of the Social Security Act, $1,751,000,000 are hereby rescinded. 519. Not later than 30 days after the end of each calendar quarter, beginning with the first quarter of fiscal year 2013, the Departments of Labor, Health and Human Services and Education and the Social Security Administration shall provide the Committees on Appropriations of the House of Representatives and Senate a quarterly report on the status of balances of appropriations: Provided, That for balances that are unobligated and uncommitted, committed, and obligated but unexpended, the quarterly reports shall separately identify the amounts attributable to each source year of appropriation (beginning with fiscal year 2012, or, to the extent feasible, earlier fiscal years) from which balances were derived. 520. (a) Federal agencies may use Federal discretionary funds that are made available in this Act to carry out up to 10 Performance Partnership Pilots. Such Pilots shall: (1) be designed to improve outcomes for disconnected youth, and (2) involve Federal programs targeted on disconnected youth, or designed to prevent youth from disconnecting from school or work, that provide education, training, employment, and other related social services. Such Pilots shall be governed by the provisions of section 526 of the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2014, except that in carrying out such Pilots section 526 shall be applied by substituting fiscal year 2015 for fiscal year 2014 in the title of subsection (b) and by substituting September 30, 2019 for September 30, 2018 each place it appears. (b) In addition, Federal agencies may use Federal discretionary funds that are made available in this Act to participate in Performance Partnership Pilots that are being carried out pursuant to the authority provided by section 526 of the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2014. 521. Each Federal agency, or in the case of an agency with multiple bureaus, each bureau (or operating division) funded under this Act that has research and development expenditures in excess of $100,000,000 per year shall develop a Federal research public access policy that provides for— (1) the submission to the agency, agency bureau, or designated entity acting on behalf of the agency, a machine-readable version of the author’s final peer-reviewed manuscripts that have been accepted for publication in peer-reviewed journals describing research supported, in whole or in part, from funding by the Federal Government; (2) free online public access to such final peer-reviewed manuscripts or published versions not later than 12 months after the official date of publication; and (3) compliance with all relevant copyright laws. 522. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. 523. Of the funds made available under section 108 of Public Law 111–3 , $9,532,200,000 are hereby rescinded. 524. For purposes of carrying out executive order 13589, Office of Management and Budget Memorandum M–12–12 dated May 11, 2012, and requirements contained in the annual appropriations bills relating to conference attendance and expenditures: (a) the operating divisions of HHS shall be considered independent agencies; and (b) attendance at and support for scientific conferences shall be tabulated separately from and not included in agency totals. 525. (a) None of the funds in this Act may be available for agencies, or in the case of an agency with multiple bureaus, each bureau (or operating division) to support: (1) More than 50 agency employees on official travel away from their duty station to attend a particular conference; or (2) More than $1,000,000 for sponsoring a conference. (b) This section shall not apply to conferences that are scientific in nature or scope. 526. None of the funds in this Act may be used for third party, nongovernmental certification for seafood sustainability. 527. (a) In general None of the funds appropriated or otherwise made available by this Act may be used for any Federal Government contract with— (1) any foreign incorporated entity which is treated as an inverted domestic corporation under section 835(b) of the Homeland Security Act of 2002 ( 6 U.S.C. 395(b) ), except that more than 50 percent shall be substituted for at least 80 percent each place it appears therein; or (2) any subsidiary of such an entity. (b) Waivers (1) In general The Secretary shall waive subsection (a) with respect to any Federal Government contract under the authority of the Secretary if the Secretary determines that the waiver is required in the interest of national security. (2) Notification to Congress Upon issuing a waiver under paragraph (1), the Secretary shall notify Congress of the waiver. (c) Exception This section shall not apply to any Federal Government contract entered into before the date of enactment of this Act, or to any task or delivery order issued pursuant to such a contract. (d) Secretary defined In this section, the term Secretary means each of the following: (1) The Secretary of Labor. (2) The Secretary of Health and Human Services. (3) The Secretary of Education. This Act may be cited as the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2015 .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5464ih/xml/BILLS-113hr5464ih.xml
|
113-hr-5465
|
I 113th CONGRESS 2d Session H. R. 5465 IN THE HOUSE OF REPRESENTATIVES September 15, 2014 Mr. Bera 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 expand health savings accounts.
1. Short title This Act may be cited as the Middle Class Family Savings Act of 2014 . 2. Health savings accounts (a) Increase in maximum deductible amounts Section 223(b)(2) of the Internal Revenue Code of 1986 is amended— (1) in subparagraph (A) by striking $2,250 and inserting the amount in effect under subsection (c)(2)(A)(ii)(I) for the taxable year , and (2) in subparagraph (B) by striking $4,500 and inserting the amount in effect under subsection (c)(2)(A)(ii)(II) for the taxable year . (b) Conforming amendments to COLA Section 223(g)(1) of the Internal Revenue Code of 1986 is amended— (1) by striking subsections (b)(2) and both places it appears and inserting subsection , and (2) in the first sentence by striking substituting for and all that follows and inserting substituting calendar year 2003 for calendar year 1992 in subparagraph (B) thereof. . (c) Medical expenses of young adult children The first sentence of section 223(d)(2)(A) of the Internal Revenue Code of 1986 is amended by inserting and any child (as defined in section 152(f)(1)) of such individual who as of the end of the taxable year has not attained age 27 . (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2014.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5465ih/xml/BILLS-113hr5465ih.xml
|
113-hr-5466
|
I 113th CONGRESS 2d Session H. R. 5466 IN THE HOUSE OF REPRESENTATIVES September 15, 2014 Mrs. Christensen 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 4500 Sunny Isle Shopping Center in Christiansted, St. Croix, United States Virgin Islands, as the Florence Louise Thomas Post Office .
1. Florence Louise Thomas Post Office (a) Designation The facility of the United States Postal Service located at 4500 Sunny Isle Shopping Center in Christiansted, St. Croix, United States Virgin Islands, shall be known and designated as the Florence Louise Thomas Post Office . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Florence Louise Thomas Post Office .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5466ih/xml/BILLS-113hr5466ih.xml
|
113-hr-5467
|
I 113th CONGRESS 2d Session H. R. 5467 IN THE HOUSE OF REPRESENTATIVES September 15, 2014 Ms. Frankel of Florida (for herself, Mr. Cleaver , and Mr. Cicilline ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To enhance the capabilities of metropolitan planning organizations, and for other purposes.
1. Short title This Act may be cited as the Metropolitan Planning Enhancement Act . 2. Consolidated and high performing metropolitan planning organizations (a) Consolidation of metropolitan planning organizations (1) Section 134 amendment Section 134(d)(6) of title 23, United States Code, is amended to read as follows: (6) Consolidation of metropolitan planning organizations within urbanized areas (A) Limitation on new metropolitan planning organization designations A metropolitan planning organization shall not be newly designated— (i) within a metropolitan statistical area if another metropolitan planning organization already exists within the boundaries of the metropolitan statistical area; or (ii) outside of a metropolitan statistical area. (B) Multiple existing metropolitan planning organizations If multiple existing metropolitan planning organizations are designated within a metropolitan statistical area— (i) the metropolitan planning organizations may— (I) retain their designation as distinct metropolitan planning organizations; or (II) be consolidated by agreement between the metropolitan planning organizations; (ii) the Governor (or Governors) and the existing metropolitan planning organizations shall— (I) revisit a determination to remain unconsolidated every 10 years, beginning two years after the next decennial census; and (II) provide justification to the Secretary of the continued necessity of the designation of multiple metropolitan planning organizations in the area; and (iii) where multiple metropolitan planning organizations exist within a single metropolitan statistical area, they shall cooperate with one another to— (I) develop a single transportation improvement plan and a single long-range plan for use by all metropolitan planning organizations within the metropolitan statistical area when developing their individual plans; and (II) establish a single set of performance targets that address the performance measures described in section 150(c) for use in developing individual performance targets in accordance with section 134(h)(2). . (2) Section 5303 amendment Section 5303(d)(6) of title 49, United States Code, is amended to read as follows: (6) Consolidation of metropolitan planning organizations within urbanized areas (A) Limitation on new metropolitan planning organization designations A metropolitan planning organization shall not be newly designated— (i) within a metropolitan statistical area if another metropolitan planning organization already exists within the boundaries of the metropolitan statistical area; or (ii) outside of a metropolitan statistical area. (B) Multiple existing metropolitan planning organizations If multiple existing metropolitan planning organizations are designated within a metropolitan statistical area— (i) the metropolitan planning organizations may— (I) retain their designation as distinct metropolitan planning organizations; or (II) be consolidated by agreement between the metropolitan planning organizations; (ii) the Governor (or Governors) and the existing metropolitan planning organizations shall— (I) revisit a determination to remain unconsolidated every 10 years, beginning two years after the next decennial census; and (II) provide justification to the Secretary of the continued necessity of the designation of multiple metropolitan planning organizations in the area; and (iii) where multiple metropolitan planning organizations exist within a single metropolitan statistical area, they shall cooperate with one another to— (I) develop a single transportation improvement plan and a single long-range plan for use by all metropolitan planning organizations within the metropolitan statistical area when developing their individual plans; and (II) establish a single set of performance targets that address the performance measures described in section 150(c) of title 23, United States Code, for use in developing individual performance targets in accordance with subsection (h)(2) and sections 5326(c) and 5329(d) of this title. . (3) Definitions (A) Highway definition Section 134(b) of title 23, United States Code, is amended by— (i) redesignating paragraphs (1) through (7) as paragraphs (2) through (8); and (ii) inserting before paragraph (2), as redesignated, the following: (1) Consolidated metropolitan planning organization The term consolidated metropolitan planning organization means a sole metropolitan planning organization that serves a metropolitan statistical area. . (B) Transit definition Section 5303(b) of title 49, United States Code, is amended by— (i) redesignating paragraphs (1) through (7) as paragraphs (2) through (8); and (ii) inserting before paragraph (2), as redesignated, the following: (1) Consolidated metropolitan planning organization The term consolidated metropolitan planning organization means a sole metropolitan planning organization that serves a metropolitan statistical area. . (b) Designation of high-Performing metropolitan planning organizations (1) Section 134 amendment Section 134 of title 23, United States Code, as amended by this Act, is further amended by adding at the end the following: (r) High-Performing metropolitan planning organizations (1) In general A metropolitan planning organization that represents an urbanized area with a population of over 200,000 individuals may request a high-performing metropolitan planning organization designation from the Secretary. (2) Criteria In making a high-performing metropolitan planning organization designation, the Secretary shall consider— (A) the extent to which the metropolitan planning organization has an equitable and regional approach to decisionmaking; (B) the extent to which the metropolitan planning organization has incorporated its performance targets established pursuant to section 150 of this title and sections 5303(h)(2), 5326(c), and 5329(d) of title 49 into its planning process; (C) whether the metropolitan planning organization is a consolidated metropolitan planning organization; (D) if the metropolitan planning organization is not a consolidated metropolitan planning organization, the extent to which the metropolitan planning organization is coordinating with all other metropolitan planning organizations designated for the same metropolitan statistical area; (E) the technical capacity of the metropolitan planning organization; and (F) other criteria established by the Secretary in guidance. (3) Review A designation under paragraph (1) shall stay in effect for 10 years from the date of designation. . (2) Section 5303 amendment Section 5303 of title 49, United States Code, as amended by this Act, is further amended by adding at the end the following: (r) High-Performing metropolitan planning organizations (1) In general A metropolitan planning organization that represents an urbanized area with a population of over 200,000 individuals may request a high-performing metropolitan planning organization designation from the Secretary. (2) Criteria In making a high-performing metropolitan planning organization designation, the Secretary shall consider— (A) the extent to which the metropolitan planning organization has an equitable and regional approach to decisionmaking; (B) the extent to which the metropolitan planning organization has incorporated its performance targets established pursuant to section 150 of title 23, United States Code, subsection (h)(2), and sections 5326(c) and 5329(d) of this title into its planning process; (C) whether the metropolitan planning organization is a consolidated metropolitan planning organization; (D) if the metropolitan planning organization is not a consolidated metropolitan planning organization, the extent to which the metropolitan planning organization is coordinating with all other metropolitan planning organizations designated for the same metropolitan statistical area; (E) the technical capacity of the metropolitan planning organization; and (F) other criteria established by the Secretary in guidance. (3) Review A designation under paragraph (1) shall stay in effect for 10 years from the date of designation. . (c) Surface transportation incentive funds Section 133(d)(1) of title 23, United States Code is amended to read as follows: (1) Calculation The funds apportioned to a State under section 104(b)(2) shall be obligated as follows: (A) Suballocated funds 50 percent of the funds for a fiscal year shall be obligated under this section, in proportion to their relative shares of the population of the State— (i) in urbanized areas of the State with an urbanized area population over 200,000; (ii) in urban areas of the State with a population of 5,000 to 200,000; and (iii) in areas of the State with a population of fewer than 5,000. (B) Statewide funds 25 percent of the funds for a fiscal year may be obligated in any area of the State. (C) High-performing metropolitan planning organizations (i) In general 25 percent of the funds for a fiscal year shall be obligated under this section in urbanized areas under subparagraph (A)(i) that are served by high-performing metropolitan planning organizations (as designated by the Secretary under section 134(r) or section 5303(r) of title 49, United States Code). Any funds remaining under this clause shall be obligated in any area of the State under subparagraph (B). (ii) Amount The amount to be obligated under clause (i) in an urbanized area served by a high-performing metropolitan planning organization shall equal 50 percent of the amount to be obligated in that urbanized area under paragraph (4) and is in addition to the amount under such paragraph. . (d) Transportation alternatives incentive funds Section 213(c)(1) of such title is amended to read as follows: (1) Calculation The funds reserved to a State shall be obligated as follows: (A) Suballocated funds 50 percent of the funds for a fiscal year shall be obligated under this section to any eligible entity in proportion to its relative share of the population of the State— (i) in urbanized areas of the State with an urbanized area population over 200,000; (ii) in urban areas of the State with a population of 5,000 to 200,000; and (iii) in areas of the State with a population of fewer than 5,000. (B) Statewide funds 25 percent of the funds for a fiscal year may be obligated in any area of the State. (C) High-performing metropolitan planning organizations (i) In general 25 percent of the funds for a fiscal year shall be obligated under this section in urbanized areas under subparagraph (A)(i) that are served by high-performing metropolitan planning organizations (as designated by the Secretary under section 134(r) or section 5303(r) of title 49, United States Code). Any funds remaining under this clause shall be obligated in any area of the State under subparagraph (B). (ii) Amount The amount to be obligated under clause (i) in an urbanized area served by a high-performing metropolitan planning organization shall equal 50 percent of the amount to obligated in that urbanized area under paragraph (3) and is in addition to the amount under such paragraph. . (e) Obligation authority Section 133(f) of such title is amended— (1) in paragraph (1), by— (A) striking A State and inserting Except as provided in paragraph (2), a State ; and (B) striking fiscal years 2011 through 2014 and inserting fiscal years after fiscal year 2014 ; (2) by redesignating paragraph (2) as paragraph (3) and inserting after paragraph (1) the following: (2) High-performing metropolitan planning organizations (A) In general A State that is required to obligate in an urbanized area under subsections (d)(1)(A)(i) and (d)(1)(C)(i) shall make available to such urbanized area on an annual basis an amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction programs for use in the area that is equal to the amount obtained by multiplying— (i) the amount of funds that the State is required to obligate in the area under such subsections; and (ii) the ratio specified in paragraph (1)(B). (B) Availability The obligation authority that a State makes available to an urbanized area under subparagraph (A) shall remain available for a period of four fiscal years. ; and (3) in paragraph (3), as redesignated, by striking paragraph (1) and inserting paragraphs (1) and (2) . (f) Distribution of metropolitan planning funds Section 104(d)(2)(A) of such title is amended— (1) in clause (i), by striking ; and and inserting ; ; (2) by redesignating clause (ii) as clause (iii); and (3) by inserting after clause (i) the following: (ii) prioritizes the needs of high-performing metropolitan planning organizations (as designated by the Secretary under section 134(r) or section 5303(r) of title 49, United States Code); and . (g) Technical correction Subsection 133(h)(1) of such title is amended by striking for each of fiscal years 2013 through 2014 and inserting each fiscal year . 3. Participation of public port authorities (a) Section 134 amendment Section 134(i)(6)(A) of title 23, United States Code, is amended by inserting public ports, before freight shippers . (b) Section 135 amendment Section 135(g)(3) of title 23, United States Code, is amended by inserting public ports, before freight shippers . (c) Section 5303 amendment Section 5303(i)(6)(A) of title 49, United States Code, is amended by inserting public ports, before freight shippers . (d) Section 5304 amendment Section 5304(g)(3) of title 49, United States Code, is amended by inserting public ports, before freight shippers . 4. Strengthening the Statewide and nonmetropolitan planning process (a) Section 135 amendment Section 135 of title 23, United States Code, is amended— (1) in subsection (f)(5) by striking may and inserting shall ; (2) in subsection (f)(7)— (A) by striking should and inserting shall ; and (B) by striking the final ; and inserting . ; (3) in subsection (g)(5)(F)(i) by striking may and inserting shall ; and (4) by striking subsection (g)(8) and inserting the following: (8) Certification process (A) In general At least once every 4 years the Secretary shall certify that each State has met the requirements of— (i) this section; and (ii) other Federal laws, regulations, and orders applicable to the statewide and nonmetropolitan and the metropolitan planning processes. (B) Failure to meet certification If a State does not meet such certification, the Secretary may withhold up to 20 percent of the funds attributable to such State for projects funded under this title and chapter 53 of title 49. (C) Restoration of funds The withheld funds shall be restored to the State at such time as the State process is certified by the Secretary. (D) Public involvement In making the certification determinations under this paragraph, the Secretary shall provide for public involvement appropriate to the State under review. . (b) Section 5304 amendment Section 5304 of title 49, United States Code, is amended— (1) in subsection (f)(5) by striking may and inserting shall ; (2) in subsection (f)(7) by striking should and inserting shall ; (3) in subsection (g)(5)(F)(i) by striking may and inserting shall ; and (4) by striking subsection (g)(8) and inserting the following: (8) Certification process (A) In general At least once every 4 years the Secretary shall certify that each State has met the requirements of— (i) this section; and (ii) other Federal laws, regulations, and orders applicable to the statewide and nonmetropolitan and the metropolitan planning processes. (B) Failure to meet certification If a State does not meet such certification, the Secretary may withhold up to 20 percent of the funds attributable to such State for projects funded under this title and chapter 53 of title 49. (C) Restoration of funds The withheld funds shall be restored to the State at such time as the State process is certified by the Secretary. (D) Public involvement In making the certification determinations under this paragraph, the Secretary shall provide for public involvement appropriate to the State under review. . 5. Removal of the congestion management process (a) Section 134 amendment Section 134 of title 23, United States Code, as amended by this Act, is further amended— (1) by striking subsection (k)(3) and redesignating subsections (k)(4) and (k)(5) as subsections (k)(3) and (k)(4), respectively; and (2) by striking subsection (n) and redesignating subsections (o) through (r) as subsections (n) through (q), respectively. (b) Section 135 amendment Section 135 of title 23, United States Code, is amended by striking subsection (j) and redesignating subsections (k) through (m) as subsections (j) through (l), respectively. (c) Section 5303 amendment Section 5303 of title 49, United States Code, as amended by this Act, is further amended— (1) by striking subsection (k)(3) and redesignating subsections (k)(4) and (k)(5) as subsections (k)(3) and (k)(4), respectively; and (2) by striking subsection (n) and redesignating subsections (o) through (r) as subsections (n) through (q), respectively. (d) Section 5304 amendment Section 5304 of title 49, United States Code, is amended by striking subsection (i) and redesignating subsections (j) through (l) as subsections (i) through (k), respectively. 6. Public involvement in plan development (a) Section 134 amendment Section 134(i) of title 23, United States Code, is amended— (1) in paragraph (4), by inserting after subparagraph (C) the following: (D) Public involvement Metropolitan planning organizations shall offer interested parties, such as those described in paragraph (6), a reasonable opportunity to participate in the development and consideration of scenarios. ; and (2) in paragraph (6), by striking comment on the transportation plan and inserting provide input during the development and implementation of the transportation plan . (b) Section 135 amendment Section 135(f)(3)(A)(ii) of title 23, United States Code, is amended by striking comment on the transportation plan ; and inserting provide input during the development of the transportation plan . (c) Section 5303 amendment Section 5303(i) of title 49, United States Code, is amended— (1) in paragraph (4), by inserting after subparagraph (C) the following: (D) Public involvement Metropolitan planning organizations shall offer interested parties, such as those described in paragraph (6), a reasonable opportunity to participate in the development and consideration of scenarios. ; and (2) in paragraph (6), by striking comment on the transportation plan and inserting provide input during the development and implementation of the transportation plan . (d) Section 5304 amendment Section 5304(f)(3)(A)(ii) of title 49, United States Code, is amended by striking comment on the proposed plan ; and inserting provide input during the development of the transportation plan . 7. Performance-based project selection (a) Section 134 amendment Section 134(j)(2)(D) of title 23, United States Code, is amended to read as follows: (D) Performance target achievement In adding projects to a transportation improvement program, a metropolitan planning organization shall create a process to evaluate and select each project or collection of projects based on the project’s (or collection of projects’) inclusion of elements that are known to support, or will foreseeably support outcomes that will achieve the performance targets established in the metropolitan transportation plan by the metropolitan planning organization in accordance with subsection (h)(2)(B). . (b) Section 135 amendment Section 135(g)(4) of title 23, United States Code, is amended to read as follows: (4) Performance target achievement In adding projects to a State transportation improvement program, a State shall create a process to evaluate and select each project or collection of projects based on the project’s (or collection of projects’) inclusion of elements that are known to support, or will foreseeably support, outcomes that will achieve the performance targets established in the long-range statewide transportation plan in accordance with subsection (f)(7)(A). . (c) Section 5303 amendment Section 5303(j)(2)(D) of title 49, United States Code, is amended to read as follows: (D) Performance target achievement In adding projects to a transportation improvement program, a metropolitan planning organization shall create a process to evaluate and select each project or collection of projects based on the project’s (or collection of projects’) inclusion of elements that are known to support, or will foreseeably support outcomes that will achieve the performance targets established in the metropolitan transportation plan by the metropolitan planning organization in accordance with section 134(h)(2)(B) of title 23. . (d) Section 5304 amendment Section 5304(g)(4) of title 49, United States Code, is amended to read as follows: (4) Performance target achievement In adding projects to a State transportation improvement program, a State shall create a process to evaluate and select each project or collection of projects based on the project’s (or collection of projects’) inclusion of elements that are known to support, or will foreseeably support, outcomes that will achieve the performance targets established in the long-range statewide transportation plan in accordance with section 135(f)(7)(A) of title 23. . 8. Effective date This Act and the amendments made by this Act are effective October 1, 2014, and apply only to projects and other activities for which obligations or expenditures are first approved on or after that date.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5467ih/xml/BILLS-113hr5467ih.xml
|
113-hr-5468
|
I 113th CONGRESS 2d Session H. R. 5468 IN THE HOUSE OF REPRESENTATIVES September 15, 2014 Mr. Issa (for himself, Ms. Bass , Mr. Becerra , Mr. Bera of California , Ms. Brownley of California , Mr. Calvert , Mr. Campbell , Mrs. Capps , Mr. Cárdenas , Ms. Chu , Mr. Cook , Mr. Costa , Mrs. Davis of California , Mr. Denham , Ms. Eshoo , Mr. Farr , Mr. Garamendi , Ms. Hahn , Mr. Honda , Mr. Huffman , Mr. Hunter , Mr. LaMalfa , Ms. Lee of California , Ms. Lofgren , Mr. Lowenthal , Ms. Matsui , Mr. McClintock , Mr. McKeon , Mr. McNerney , Mr. Gary G. Miller of California , Mr. George Miller of California , Mrs. Napolitano , Mrs. Negrete McLeod , Mr. Nunes , 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 1103 USPS Building 1103 in Camp Pendleton, California, as the Camp Pendleton Medal of Honor Post Office .
1. Camp Pendleton Medal of Honor Post Office (a) Designation The facility of the United States Postal Service located at 1103 USPS Building 1103 in Camp Pendleton, California, shall be known and designated as the Camp Pendleton Medal of Honor Post Office . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Camp Pendleton Medal of Honor Post Office .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5468ih/xml/BILLS-113hr5468ih.xml
|
113-hr-5469
|
I 113th CONGRESS 2d Session H. R. 5469 IN THE HOUSE OF REPRESENTATIVES September 15, 2014 Mr. Latta 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 prevent future propane shortages, and for other purposes.
1. Short title This Act may be cited as the Propane Supply and Security Act of 2014 . 2. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the Energy Information Administration. (2) Commission The term Commission means the Federal Energy Regulatory Commission. (3) Propane pipeline The term propane pipeline means a pipeline regulated under chapter 601 of title 49, United States Code, that is used to transport propane. (4) Secretary The term Secretary means the Secretary of Energy. 3. Information collection (a) In general The Administrator, in coordination with other Federal and State officials, as appropriate, shall publish to the maximum extent practicable and consistent with confidentiality requirements, data on— (1) propane storage, including— (A) weekly inventory disaggregated below the level of the Petroleum Administration for Defense Districts (PADD) including— (i) data at the State and local level; and (ii) aggregate data at market hubs around Conway, Kansas, Mont Bellvieu, Texas, and any other market hubs of significant regional scope; and (B) weekly data to separately account for non-fuel propylene and propane for PADD 3 and other regions if the Administrator determines that inclusion of the nonfuel propylene supply data significantly distorts propane supply and pricing data, and the Administrator determines it is feasible to collect separate data and nonfuel propylene and propane; and (2) propane markets, including pricing data, for residential customers in States that voluntarily choose to participate in the State Heating Oil and Propane Program (SHOPP) of the Energy Information Administration. (b) Biannual working and net available storage capacity report The Administrator shall publish data on storage at— (1) major market centers, including the regions around Conway, Kansas and Mont Bellvieu, Texas; and (2) to the extent practicable based on existing surveys and consistent with confidentiality requirements, the regions reported in the weekly and monthly inventory data under subsection (a). 4. Coordinated response to emergencies (a) In general The Secretary shall lead and coordinate Federal and State emergency response efforts with respect to propane supply emergencies in any State or region of the United States that are characterized, as determined by the Secretary, by— (1) sudden increases in consumer prices for propane; or (2) propane supply shortages that threaten public safety or livestock safety. (b) Duties In carrying out subsection (a), the Secretary shall— (1) establish criteria to determine when an emergency response action would be triggered; (2) establish a system for forecasting and tracking the availability of propane, with an emphasis on predicting supply shortages; (3) establish a system for alerting other Federal agencies, States, industry groups, and appropriate stakeholders of the crisis— (A) before an emergency; and (B) when the Secretary determines that an emergency has occurred; (4) establish a plan for coordinated response to an emergency by Federal and State agencies using their existing authorities; and (5) establish criteria to determine when the emergency has ended. (c) Actions An emergency response carried out under this section may include actions by Federal and State agencies using their existing authorities— (1) to protect consumers from unfair pricing; (2) to expedite the distribution of propane through available transportation modes, including provisions— (A) to exempt motor carriers of propane from hours-of-service restrictions; (B) to prioritize propane shipments by rail; (C) to exempt vessels carrying propane from United States-flag ship requirements under the Jones Act; and (D) for actions by the Commission to prioritize propane shipments over other shipments in batched pipelines; and (3) expedited release of energy assistance funds. (d) Effect Nothing in this section limits any existing agency authority of a Federal agency. 5. Definition of consumer propane prices (a) Functions of propane education and research council Section 5(f) of the Propane Education and Research Act of 1996 ( 15 U.S.C. 6404(f) ) is amended in the first sentence by inserting to train propane distributors and consumers in strategies to mitigate negative effects of future propane price spikes, after to enhance consumer and employee safety and training, . (b) Market survey and consumer protection price analysis Section 9(a) of the Propane Education and Research Act of 1996 ( 15 U.S.C. 6408(a) ) is amended in the first sentence by striking only data provided by the Energy Information Administration and inserting the refiner price to end users of consumer grade propane, as published by the Energy Information Administration . 6. Regional propane reserve study (a) Study Not later than 180 days after the date of enactment of this Act, the Secretary shall conduct a study to determine the effectiveness and feasibility of establishing 1 or more propane storage facilities, to be operated separately from the Strategic Petroleum Reserve established under part B of title I of the Energy Policy and Conservation Act ( 42 U.S.C. 6231 et seq. ). (b) Plan Following completion of the study under subsection (a), the Secretary may submit to Congress and the President a plan describing— (1) the proposed acquisition of storage and related facilities or storage services, including— (A) the potential use of storage facilities not currently in use; and (B) a determination of the combination of primary, secondary, and tertiary storage facilities that will be used; (2) the proposed acquisition of propane for storage; (3) the proposed methods of disposition of propane; (4) the estimated costs of establishment, maintenance, and operation; (5) the efforts the Secretary will make— (A) to minimize any potential need for future drawdowns; and (B) to ensure the distributors and importers are not discouraged from maintaining and increasing supplies of propane; (6) the proposed actions to ensure the quality of the propane; and (7) the proposed accounts and funding structures required for acquisition of propane and propane storage facilities. 7. Storage facility loans for propane storage Section 1614(a) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8789(a) ) is amended by inserting , including facilities for propane that is used for drying and heating before the period at the end. 8. Study of jurisdiction Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall complete a study of facilities appurtenant to propane pipelines (such as terminals and storage facilities) that are not subject to the jurisdiction of the Commission (as of the date on which the study commences) to determine— (1) whether and to what degree the nonjurisdictional nature of the facilities had an impact on the propane price spike during the winter of 2013 to 2014; or (2) whether findings described in paragraph (1) demonstrate whether it would be in the public interest to enact a change in law to place such facilities under the jurisdiction of the Commission.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5469ih/xml/BILLS-113hr5469ih.xml
|
113-hr-5470
|
I 113th CONGRESS 2d Session H. R. 5470 IN THE HOUSE OF REPRESENTATIVES September 15, 2014 Mrs. Miller of Michigan (for herself, Ms. Jackson Lee , Mr. McCaul , Mr. Thompson of Mississippi , Mr. Hudson , Mr. Barber , and Ms. Clarke of New York ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committee on Homeland Security , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To clarify the grounds for ineligibility for travel to the United States regarding terrorism risk, to expand the criteria by which a country may be removed from the Visa Waiver Program, to require the Secretary of Homeland Security to submit a report on strengthening the Electronic System for Travel Authorization to better secure the international borders of the United States and prevent terrorists and instruments of terrorism from entering the United States, and for other purposes.
1. Short title This Act may be cited as the Visa Waiver Program Improvement Act of 2014 . 2. Grounds for ineligibility for travel to the United States; Reports on law enforcement and security interests; Continuing qualification and designation terminations; Report on strengthening the Electronic System for Travel Authorization (a) Grounds for ineligibility for travel to the United States; Period of validity Section 217 of the Immigration and Nationality Act ( 8 U.S.C. 1187 ) is amended— (1) in subsection (a)(11), by inserting , including terrorism risk, after security risk ; and (2) in subsection (h)(3)— (A) in subparagraph (A), by inserting , including terrorism risk, after security risk ; (B) in subparagraph (C), in the second sentence, by inserting before the period at the end the following: , or, if the Secretary determines that such is appropriate, may limit such period of eligibility ; and (C) by adding at the end the following new subparagraph: (E) Additional reports (i) Reports on certain limitations on travel Not later than 30 days after the date of the enactment of this subparagraph and annually thereafter, the Secretary of Homeland Security, in consultation with the Secretary of State, shall submit to the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate a report on the number of individuals, identified by their countries of citizenship or nationality, who were denied eligibility to travel under the System or whose eligibility for such travel was revoked during the previous year if such individual was determined, in accordance with subsection (a)(6), to represent a threat to the security of the United States. (ii) Reports on certain threat assessments Beginning with the first report under clause (i) of subsection (c)(5)(A) that is submitted after the date of the enactment of this subparagraph and periodically thereafter (together with subsequent reports submitted under such clause (i)), the Secretary of Homeland Security, in consultation with the Director of National Intelligence, shall submit to the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate a report that contains a threat assessment regarding the compliance of foreign governments with the agreements described in subparagraphs (D) and (F) of subsection (c)(2). . (b) Reports on law enforcement and security interests; Continuing qualification and designation terminations Subsection (c) of section 217 of the Immigration and Nationality Act ( 8 U.S.C. 1187 ) is amended— (1) in paragraph (2)(C)(iii)— (A) by striking and the Committee on International Relations and inserting , the Committee on Foreign Affairs, and the Committee on Homeland Security ; and (B) by striking and the Committee on Foreign Relations and inserting , the Committee on Foreign Relations, and the Committee on Homeland Security and Governmental Affairs ; and (2) in paragraph (5)— (A) in subparagraph (A)(i)— (i) in subclause (III), by striking and at the end; (ii) in subclause (IV), by striking the period at the end and inserting ; and ; and (iii) by adding after subclause (IV) the following new subclause: (V) shall submit to Congress a report regarding the security parameters described in paragraph (9). ; and (B) in subparagraph (B), by adding at the end the following new clause: (v) Additional program suspension authority If the Secretary of Homeland Security, in consultation with the Secretary of State, determines that a country participating in the visa waiver program has failed to comply with an agreement under subparagraph (F) of paragraph (2), the Secretary of Homeland Security— (I) may suspend a country from the visa waiver program without prior notice; (II) shall notify any country suspended under subclause (I) and provide justification for the suspension; and (III) shall restore the suspended country’s participation in the visa waiver program upon a determination that the country is in compliance with the agreement at issue. . (c) Report on strengthening the Electronic System for Travel Authorization Not later than 30 days after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Secretary of State, shall submit to the Committee on Homeland Security, the Committee on the Judiciary, and the Committee on Foreign Affairs of the House of Representatives and the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, and the Committee on Foreign Relations of the Senate a report on steps to strengthen the automated electronic travel authorization system (commonly referred to as the Electronic System for Travel Authorization ) under paragraph (3) of section 217(h) of the Immigration and Nationality Act ( 8 U.S.C. 1187(h) ) to better secure the international borders of the United States and prevent terrorists and instruments of terrorism from entering the United States. (d) Time for report The first report required under subclause (V) of section 217(c)(5)(A)(i) of the Immigration and Nationality Act (as added by subsection (b)(2)(A)(iii) of this section) shall be submitted at the same time the next report required under subclause (IV) of such section 217(c)(5)(A)(i) is submitted after the date of the enactment of this Act.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5470ih/xml/BILLS-113hr5470ih.xml
|
113-hr-5471
|
I 113th CONGRESS 2d Session H. R. 5471 IN THE HOUSE OF REPRESENTATIVES September 15, 2014 Ms. Moore (for herself, Mr. Stivers , Mr. Gibson , and Ms. Fudge ) introduced the following bill; which was referred to the Committee on Financial Services , 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 Commodity Exchange Act and the Securities Exchange Act of 1934 to specify how clearing requirements apply to certain affiliate transactions, and for other purposes.
1. Treatment of affiliate transactions (a) In general (1) Commodity Exchange Act amendment Section 2(h)(7)(D)(i) of the Commodity Exchange Act ( 7 U.S.C. 2(h)(7)(D)(i) ) is amended to read as follows: (i) In general An affiliate of a person that qualifies for an exception under subparagraph (A) (including affiliate entities predominantly engaged in providing financing for the purchase of the merchandise or manufactured goods of the person) may qualify for the exception only if the affiliate enters into the swap to hedge or mitigate the commercial risk of the person or other affiliate of the person that is not a financial entity, provided that if the hedge or mitigation of such commercial risk is addressed by entering into a swap with a swap dealer or major swap participant, an appropriate credit support measure or other mechanism must be utilized. . (2) Securities Exchange Act of 1934 amendment Section 3C(g)(4)(A) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c–3(g)(4)(A) ) is amended to read as follows: (A) In general An affiliate of a person that qualifies for an exception under paragraph (1) (including affiliate entities predominantly engaged in providing financing for the purchase of the merchandise or manufactured goods of the person) may qualify for the exception only if the affiliate enters into the security-based swap to hedge or mitigate the commercial risk of the person or other affiliate of the person that is not a financial entity, provided that if the hedge or mitigation such commercial risk is addressed by entering into a security-based swap with a security-based swap dealer or major security-based swap participant, an appropriate credit support measure or other mechanism must be utilized. . (b) Applicability of credit support measure requirement The requirements in section 2(h)(7)(D)(i) of the Commodity Exchange Act and section 3C(g)(4)(A) of the Securities Exchange Act of 1934, as amended by subsection (a), requiring that a credit support measure or other mechanism be utilized if the transfer of commercial risk referred to in such sections is addressed by entering into a swap with a swap dealer or major swap participant or a security-based swap with a security-based swap dealer or major security-based swap participant, as appropriate, shall not apply with respect to swaps or security-based swaps, as appropriate, entered into before the date of the enactment of this Act.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5471ih/xml/BILLS-113hr5471ih.xml
|
113-hr-5472
|
I 113th CONGRESS 2d Session H. R. 5472 IN THE HOUSE OF REPRESENTATIVES September 15, 2014 Mr. Stockman 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 currently located at 16281 U.S. Highway 59 in Moscow, Texas, as the Anna Stepanovna Politkovskaya Memorial Post Office .
1. Anna Stepanovna Politkovskaya Memorial Post Office (a) Findings Congress finds as follows: (1) Anna Stepanovna Politkovskaya, an American citizen of Russian extraction, was a Russian-American journalist who exposed numerous human rights violations committed by the Russian military in Chechnya, and was a harsh critic of Vladimir Putin. (2) In 2001, while investigating complaints of torture in the Chechen town of Khattuni, she was detained and beaten by Russian military officials. (3) In 2004, she published the book Putin’s Russia, which exposed many harsh police state tactics of the Putin regime. (4) In September 2004, she became severely ill after an assassination attempt using poisoned tea. (5) In 2006, she was shot to death in her apartment in Moscow, Russia. (b) Designation The facility of the United States Postal Service currently located at 16281 U.S. Highway 59 in Moscow, Texas, shall hereafter be known as the Anna Stepanovna Politkovskaya Memorial Post Office . (c) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referenced in subsection (b) shall be deemed to be a reference to the Anna Stepanovna Politkovskaya Memorial Post Office .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5472ih/xml/BILLS-113hr5472ih.xml
|
113-hr-5473
|
I 113th CONGRESS 2d Session H. R. 5473 IN THE HOUSE OF REPRESENTATIVES September 15, 2014 Mr. Stockman 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 title 4, United States Code, to declare English as the official language of the Government of the United States, and for other purposes.
1. Short title This Act may be cited as the James Boulet National Language Act of 2014 . 2. English as official language (a) In general Title 4, United States Code, is amended by adding at the end the following new chapter: 6 LANGUAGE OF THE GOVERNMENT Sec. 161. Declaration of official language. 162. Official Government activities in English. 163. Preserving and enhancing the role of the official language. 164. Exceptions. 161. Declaration of official language English shall be the official language of the Government of the United States. 162. Official Government activities in English The Government of the United States shall conduct its official business in English, including publications, income tax forms, and informational materials. 163. Preserving and enhancing the role of the official language The Government of the United States shall preserve and enhance the role of English as the official language of the United States of America. Unless specifically stated in applicable law, no person has a right, entitlement, or claim to have the Government of the United States or any of its officials or representatives act, communicate, perform or provide services, or provide materials in any language other than English. If exceptions are made, that does not create a legal entitlement to additional services in that language or any language other than English. If any forms are issued by the Federal Government in a language other than English (or such forms are completed in a language other than English), the English language version of the form is the sole authority for all legal purposes. 164. Exceptions This chapter does not apply to the use of a language other than English— (1) for religious purposes; (2) for training in foreign languages for international communication; or (3) to programs in schools designed to encourage students to learn foreign languages. This chapter does not prevent the Government of the United States from providing interpreters for persons over 62 years of age. . (b) Conforming amendment The table of chapters for title 4, United States Code, is amended by adding at the end the following new item: 6. Language of the Government 161 . 3. Repeal of bilingual voting requirements (a) In general (1) Bilingual election requirements Section 203 of the Voting Rights Act of 1965 ( 42 U.S.C. 1973aa–1a ) is repealed. (2) Voting rights Section 4 of the Voting Rights Act of 1965 ( 42 U.S.C. 1973b ) is amended by striking subsection (f). (b) Conforming amendments (1) References to section 203 The Voting Rights Act of 1965 ( 42 U.S.C. 1973 et seq. ) is amended— (A) in section 204, by striking or 203, ; and (B) in the first sentence of section 205, by striking , 202, or 203 and inserting or 202 . (2) References to section 4 The Voting Rights Act of 1965 ( 42 U.S.C. 1973 et seq. ), as amended by the Fannie Lou Hamer, Rosa Parks, and Coretta Scott King Voting Rights Act Reauthorization and Amendments Act of 2006 ( Public Law 109–246 ), is amended— (A) in sections 2(a), 3(a), 3(b), 3(c), 4(d), 5, 6, 8(a)(2)(A), and 13(a)(1), by striking , or in contravention of the guarantees set forth in section 4(f)(2) ; (B) in paragraphs (1)(A) and (3) of section 4(a), by striking or (in the case of a State or subdivision seeking a declaratory judgment under the second sentence of this subsection) in contravention of the guarantees of subsection (f)(2) ; and (C) in paragraphs (1)(B) and (5) of section 4(a), by striking or (in the case of a State or subdivision which sought a declaratory judgment under the second sentence of this subsection) that denials or abridgments of the right to vote in contravention of the guarantees of subsection (f)(2) have occurred anywhere in the territory of such State or subdivision . 4. English language requirement for ceremonies for admission of new citizens Section 337(d) of the Immigration and Nationality Act ( 8 U.S.C. 1448(d) ) is amended by adding at the end the following new sentence: All public ceremonies in which the oath of allegiance is administered pursuant to this section shall be conducted solely in the English language. . 5. Nonpreemption This Act (and the amendments made by this Act) shall not preempt any law of any State.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5473ih/xml/BILLS-113hr5473ih.xml
|
113-hr-5474
|
I 113th CONGRESS 2d Session H. R. 5474 IN THE HOUSE OF REPRESENTATIVES September 15, 2014 Mr. Williams (for himself and Mr. Blumenauer ) 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 impose a mileage-based user fee for mobile mounted concrete boom pumps in lieu of the tax on taxable fuels, and for other purposes.
1. Short title This Act may be cited as the Concrete Pump Tax Fairness Act of 2014 . 2. Mileage-based user fee for mobile mounted concrete boom pumps (a) In general Chapter 36 of the Internal Revenue Code of 1986 (relating to certain other excise taxes) is amended by inserting after subchapter D the following new subchapter: E Mileage-Based user fee for mobile mounted concrete boom pumps Sec. 4491. Imposition of fee. Sec. 4492. Mobile mounted concrete boom pump vehicle defined. Sec. 4493. Method of collecting fee. 4491. Imposition of fee (a) Imposition of fee There is hereby imposed on each mobile mounted concrete boom pump vehicle a fee determined at the applicable rate per mile for each mile traveled in the United States. (b) Applicable rate For purposes of subsection (a), the applicable rate shall be— (1) $0.05 per mile for a mobile mounted concrete boom pump vehicle with a gross vehicle weight which does not exceed 60,000 pounds, and (2) $0.07 per mile for a mobile mounted concrete boom pump vehicle with a gross vehicle weight which exceeds 60,000 pounds. (c) By Whom Paid The fee imposed by subsection (a) shall be paid by the owner of the mobile mounted concrete boom pump vehicle. (d) Credit against tax At the election of the taxpayer, there shall be allowed as a credit against the fee imposed by subsection (a) for any taxable period the amount of tax imposed with respect to such vehicle under sections 4053, 4081, and 4481 for such period. The credit allowed under the preceding sentence with respect to a quantity of liquid shall be in lieu of a payment under section 6427 with respect to such quantity. (e) Special rules for determining mileage In determining mileage for purposes of this section, the Secretary shall work in close coordination with the Secretary of Transportation to develop a system for administration and compliance with this section. Such system shall— (1) work in tandem with existing technology installed on the affected vehicles, (2) minimize the administrative burdens on pump owners and operators, (3) minimize the administrative burden on the Department of Transportation, (4) integrate with State and local transportation revenue mechanisms (including demand management systems), (5) protect the privacy of participating companies and employees, and (6) allow third-party administrators to manage data collection and refund payments to operators. There is authorized to be appropriated not more than $5,000,000 for costs associated with developing and implementing such system, including for making grants to private companies where appropriate to develop and deploy on-board technologies to track and report road miles traveled. 4492. Mobile mounted concrete boom pump vehicle defined For purposes of this subchapter, the term mobile mounted concrete boom pump vehicle means a vehicle— (1) which is mobile machinery (as defined in section 4053(8)), and (2) on which the mounted machinery consists of a concrete boom pump and related subordinate parts. 4493. Method of collecting fee (a) Collection by return The fees imposed by section 4491 shall be collected on the basis of a return for a calendar quarter. The Secretary shall, by regulation, prescribe the time for filing such return, the information to be shown in such return, and the time for payment of such fee. (b) Payment due date Except as otherwise provided in this subsection, the last day for payment of such fee shall be the 14th day after the last day of the calendar quarter for which the return is filed under subsection (a). (c) Application of rules related to procedure and administration For purposes of subtitle F, the fee imposed under this subchapter shall be treated in the same manner as an excise tax. (d) Calendar quarter For purposes of this section, the term calendar quarter means the three-month period ending on March 31, June 30, September 30, or December 31. . (b) Highway mileage limitation not applicable Subparagraph (C) of section 6421(e)(2) of such Code is amended by adding at the end the following new clause: (v) Exception to use requirement for mobile mounted concrete boom pump vehicle In the case of a mobile mounted concrete boom pump vehicle (as defined in section 4492), clause (ii) shall be applied without regard to subclause (II) (relating to the use-based test). . (c) Nontaxable use Subsection (b) of section 4082 of such Code (defining nontaxable use) is amended by inserting (other than a use by a vehicle described in clause (v) thereof) after section 6421(e)(2)(C) . (d) Deposit into Highway Trust Fund Paragraph (1) of section 9503(b) of such Code (relating to transfer to Highway Trust Fund of amounts equivalent to certain taxes and penalties) is amended by striking and at the end of subparagraph (D), by striking the period at the end of subparagraph (E) and inserting , and , and by inserting after paragraph (E) the following new subparagraph: (F) section 4491 (relating to vehicle mileage tax). . (e) Clerical amendment The table of subchapters for chapter 36 of such Code is amended by inserting after the item relating to subchapter D the following new item: Subchapter E. Mileage-based user fee for mobile mounted concrete boom pumps . (f) Effective date The amendments made by this section shall take effect on January 1, 2016.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5474ih/xml/BILLS-113hr5474ih.xml
|
113-hr-5475
|
I 113th CONGRESS 2d Session H. R. 5475 IN THE HOUSE OF REPRESENTATIVES September 16, 2014 Mr. Collins of Georgia introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to improve the care provided by the Secretary of Veterans Affairs to newborn children.
1. Improvement of care provided to newborn children Section 1786 of title 38, United States Code, is amended— (1) in subsection (a), by striking seven days and inserting 14 days ; and (2) by adding at the end the following new subsection: (c) Annual report Not later than October 31 of each year, the Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report on the health care services provided under subsection (a) during the fiscal year preceding the date of the report, including the number of newborn children who received such services during such fiscal year. .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5475ih/xml/BILLS-113hr5475ih.xml
|
113-hr-5476
|
I 113th CONGRESS 2d Session H. R. 5476 IN THE HOUSE OF REPRESENTATIVES September 16, 2014 Mr. Hastings of Washington introduced the following bill; which was referred to the Committee on Natural Resources A BILL To modify the Forest Service Recreation Residence Program as the program applies to units of the National Forest System derived from the public domain by implementing a simple, equitable, and predictable procedure for determining cabin user fees, and for other purposes.
1. Short title This Act may be cited as the Cabin Fee Act of 2014 . 2. Cabin user fees (a) In general The Secretary of Agriculture (referred to in this Act as the Secretary ) shall establish a fee in accordance with this section for the issuance of a special use permit for the use and occupancy of National Forest System land for recreational residence purposes. (b) Interim fee During the period beginning on January 1, 2014, and ending on the last day of the calendar year during which the current appraisal cycle is completed under subsection (c), the Secretary shall assess an interim annual fee for recreational residences on National Forest System land that is an amount equal to the lesser of— (1) the fee determined under the Cabin User Fees Fairness Act ( 16 U.S.C. 6901 et seq. ), subject to the requirement that any increase over the fee assessed during the previous year shall be limited to not more than 25 percent; or (2) $5,600. (c) Completion of current appraisal cycle Not later than 1 year after the date of the enactment of this Act, the Secretary shall complete the current appraisal cycle, including receipt of timely second appraisals, for recreational residences on National Forest System land in accordance with the Cabin User Fees Fairness Act of 2000 ( 16 U.S.C. 6201 et seq. ) (referred to in this Act as the current appraisal cycle ). (d) Lot value Only appraisals conducted and approved by the Secretary in accordance with the Cabin User Fee Fairness Act ( 16 U.S.C. 6901 et seq. ) during the current appraisal cycle shall be used to establish the base value assigned to the lot, subject to the adjustment in subsection (e). If a second appraisal— (1) was approved by the Secretary, the value established by the second appraisal shall be the base value assigned to the lot; or (2) was not approved by the Secretary, the value established by the initial appraisal shall be the base value assigned to the lot. (e) Adjustment On the date of completion of the current appraisal cycle, and before assessing a fee under subsection (f), the Secretary shall make a 1-time adjustment to the value of each appraised lot on which a recreational residence is located to reflect any change in value occurring after the date of the most recent appraisal for the lot, in accordance with the 4th quarter of 2012 National Association of Homebuilders/Wells Fargo Housing Opportunity Index. (f) Annual fee (1) Base After the date on which appraised lot values have been adjusted in accordance with subsection (e), the annual fee assessed prospectively by the Secretary for recreational residences on National Forest System land shall be in accordance with the following tiered fee structure: Fee Tier Approximate Percent of Permits Nationally Fee Amount Tier 1 6 percent $600 Tier 2 16 percent $1,100 Tier 3 26 percent $1,600 Tier 4 22 percent $2,100 Tier 5 10 percent $2,600 Tier 6 5 percent $3,100 Tier 7 5 percent $3,600 Tier 8 3 percent $4,100 Tier 9 3 percent $4,600 Tier 10 3 percent $5,100 Tier 11 1 percent $5,600. (2) Inflation adjustment The Secretary shall increase or decrease the annual fees set forth in the table under paragraph (1) to reflect changes in the Implicit Price Deflator for the Gross Domestic Product published by the Bureau of Economic Analysis of the Department of Commerce, applied on a 5-year rolling average. (3) Access and occupancy adjustment (A) In general The Secretary shall by regulation establish criteria pursuant to which the annual fee determined in accordance with this section may be suspended or reduced temporarily if access to, or the occupancy of, the recreational residence is significantly restricted. (B) Appeal The Secretary shall by regulation grant the cabin owner the right of an administrative appeal of the determination made in accordance with subparagraph (A) whether to suspend or reduce temporarily the annual fee. (g) Periodic review (1) In general Beginning on the date that is 10 years after the date of the enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that— (A) analyzes the annual fees set forth in the table under subsection (f) to ensure that the fees reflect fair value for the use of the land for recreational residence purposes, taking into account all use limitations and restrictions (including any limitations and restrictions imposed by the Secretary); and (B) includes any recommendations of the Secretary with respect to modifying the fee system. (2) Limitation The use of appraisals shall not be required for any modifications to the fee system based on the recommendations under paragraph (1)(B). 3. Cabin transfer fees (a) In general The Secretary shall establish a fee in the amount of $1,200 for the issuance of a new recreational residence permit due to a change of ownership of the recreational residence. (b) Adjustments The Secretary shall annually increase or decrease the transfer fee established under subsection (a) to reflect changes in the Implicit Price Deflator for the Gross Domestic Product published by the Bureau of Economic Analysis of the Department of Commerce, applied on a 5-year rolling average. 4. Effect (a) In general Nothing in this Act limits or restricts any right, title, or interest of the United States in or to any land or resource in the National Forest System. (b) Alaska The Secretary shall not establish or impose a fee or condition under this Act for permits in the State of Alaska that is inconsistent with section 1303(d) of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3193(d) ). 5. Retention of fees (a) In general Beginning 10 years after the date of the enactment of this Act, the Secretary may retain, and expend, for the purposes described in subsection (b), any fees collected under this Act without further appropriation. (b) Use Amounts made available under subsection (a) shall be used to administer the recreational residence program and other recreation programs carried out on National Forest System land. 6. Repeal of Cabin User Fees Fairness Act of 2000 Effective on the date of the assessment of annual permit fees in accordance with section 2(f) (as certified to Congress by the Secretary), the Cabin User Fees Fairness Act of 2000 ( 16 U.S.C. 6201 et seq. ) is repealed.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5476ih/xml/BILLS-113hr5476ih.xml
|
113-hr-5477
|
I 113th CONGRESS 2d Session H. R. 5477 IN THE HOUSE OF REPRESENTATIVES September 16, 2014 Mr. Messer 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 encourage the use of 529 plans and Coverdell education savings accounts, and for other purposes.
1. Short title This Act may be cited as the Enhancing Educational Opportunities for all Students Act . 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—Title I of the ESEA portability Sec. 101. Title I portability. Title II—Allowance of home school expenses as qualified education expenses Sec. 201. Allowance of home school expenses as qualified education expenses for purposes of a Coverdell Education Savings Account. Sec. 202. Elimination of Coverdell Education Savings Account contribution limitation. Title III—529 programs for elementary and secondary education expenses Sec. 301. 529 programs for elementary and secondary education expenses. I Title I of the ESEA portability 101. Title I portability Part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ) is amended by adding at the end the following: 1128. Title I funds follow the low-income child State option (a) In general Notwithstanding any other provision of law and to the extent permitted under State law, a State educational agency may allocate grant funds under this part among the local educational agencies in the State based on the number of eligible children enrolled in the public schools served by each local educational agency and the State-accredited private schools within each local educational agency’s geographic jurisdiction. (b) Eligible child (1) Definition In this section, the term eligible child means a child aged 5 to 17, inclusive, from a family with an income below the poverty level on the basis of the most recent satisfactory data published by the Department of Commerce. (2) Criteria of poverty In determining the families with incomes below the poverty level for the purposes of this section, a State educational agency shall use the criteria of poverty used by the Census Bureau in compiling the most recent decennial census, as the criteria have been updated by increases in the Consumer Price Index for All Urban Consumers, published by the Bureau of Labor Statistics. (c) Student enrollment in public and private schools (1) Identification of eligible children On an annual basis, on a date to be determined by the State educational agency, each local educational agency that receives grant funding in accordance with subsection (a) shall inform the State educational agency of the number of eligible children enrolled in public schools served by the local educational agency and the State-accredited private schools within the local educational agency’s geographic jurisdiction. (2) Allocation to local educational agencies Based on the identification of eligible children in paragraph (1), the State educational agency shall provide to a local educational agency an amount equal to the sum of the amount available for each eligible child in the State multiplied by the number of eligible children identified by the local educational agency under paragraph (1). (3) Distribution to schools Each local educational agency that receives funds under paragraph (2) shall distribute such funds to the public schools served by the local educational agency and State-accredited private schools within the local educational agency’s geographic jurisdiction— (A) based on the number of eligible children enrolled in such schools; and (B) in a manner that would, in the absence of such Federal funds, supplement the funds made available from non-Federal resources for the education of pupils participating in programs under this subpart, and not to supplant such funds. . II Further Clarification of Coverdell Education Savings Accounts 201. Allowance of home school expenses as qualified education expenses for purposes of a Coverdell Education Savings Account (a) In General Paragraph (3) of section 530(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (C) Private school For purposes of this section, the term ‘private school’ includes any home school that meets the requirements of State law applicable to such home schools, whether or not such school is deemed a private school for purposes of State law. . (b) Effective Date The amendment made by this section shall apply to taxable years beginning after December 31, 2013. 202. Elimination of Coverdell Education Savings Account contribution limitation (a) In general Subparagraph (A) of section 530(b)(1) of the Internal Revenue Code of 1986 is amended by inserting or at the end of clause (i), by striking or at the end of clause (ii) and inserting a period, and by striking clause (iii). (b) Prohibition on excess contributions Subsection (b) of section 530 of such Code is amended by adding at the end the following new paragraph: (5) Prohibition on excess contributions A program shall not be treated as a Coverdell education savings account unless it provides adequate safeguards to prevent contributions on behalf of a designated beneficiary in excess of those necessary to provide for the qualified education expenses of the beneficiary. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. III 529 programs for elementary and secondary education expenses 301. 529 programs for pre-kindergarten, elementary, and secondary education expenses (a) In general Paragraph (3) of section 529(e) of the Internal Revenue Code of 1986 is amended— (1) by redesignating subparagraph (B) as subparagraph (C); (2) by striking Qualified higher education expenses and all that follows through The term qualified higher education expenses means— and inserting the following: Qualified education expenses.— (A) In general The term qualified education expenses means— (i) qualified higher education expenses, and (ii) qualified pre-kindergarten, elementary, and secondary education expenses. (B) Qualified higher education expenses The term qualified higher education expenses means ; and (3) by adding at the end the following new subparagraphs: (D) Qualified pre-kindergarten, elementary, and secondary education expenses The term qualified pre-kindergarten, elementary, and secondary education expenses means— (i) expenses for tuition, fees, academic tutoring, special needs services in the case of a special needs beneficiary, books, supplies, and other equipment which are incurred in connection with the enrollment or attendance of the designated beneficiary of the trust as a pre-kindergarten, elementary, or secondary school student at a public, private, or religious school, (ii) expenses for room and board, uniforms, transportation, and supplementary items and services (including extended day programs) which are required or provided by a public, private, or religious school in connection with such enrollment or attendance, and (iii) expenses for the purchase of any computer technology or equipment (as defined in section 170(e)(6)(F)(i)) or Internet access and related services, if such technology, equipment, or services are to be used by the beneficiary and the beneficiary’s family during any of the years the beneficiary is in school. Clause (iii) shall not include expenses for computer software designed for sports, games, or hobbies unless the software is predominantly educational in nature. (E) School The term school means any school which provides pre-kindergarten, elementary, or secondary education (pre-kindergarten through grade 12), as determined under State law. Such a school shall be treated as an eligible educational institution for purposes of subsection (b). . (b) Conforming amendments Section 529 of such Code is amended by striking qualified higher education each place it appears in subsections (b) and (c) and inserting qualified education . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2014.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5477ih/xml/BILLS-113hr5477ih.xml
|
113-hr-5478
|
I 113th CONGRESS 2d Session H. R. 5478 IN THE HOUSE OF REPRESENTATIVES September 16, 2014 Mr. Johnson of Georgia (for himself, Mr. Labrador , Mr. Amash , Mr. McClintock , Mr. Moran , and Mr. Conyers ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to direct the Secretary of Defense to make certain limitations on the transfer of personal property to Federal and State agencies, and for other purposes.
1. Short title This Act may be cited as the Stop Militarizing Law Enforcement Act . 2. Findings Congress makes the following findings: (1) Under section 2576a of title 10, United States Code, the Department of Defense is authorized to provide excess property to local law enforcement agencies. The Defense Logistics Agency, administers such section by operating the Law Enforcement Support Office program. (2) New and used material, including mine-resistant ambush-protected vehicles and weapons determined by the Department of Defense to be military grade are transferred to local law enforcement agencies through the program. (3) As a result local law enforcement agencies, including police and sheriff’s departments, are acquiring this material for use in their normal operations. (4) The wars in Iraq and Afghanistan have led to an increase in the transfer of military equipment to local law enforcement agencies. (5) According to public reports, approximately 12,000 police organizations across the country were able to procure nearly $500,000,000 worth of excess military merchandise including firearms, computers, helicopters, clothing, and other products, at no charge during fiscal year 2011 alone. (6) More than $4,000,000,000 worth of weapons and equipment have been transferred to police organizations in all 50 states and four territories through the program. (7) In May 2012, the Defense Logistics Agency instituted a moratorium on weapons transfers through the program after reports of missing equipment and inappropriate weapons transfers. (8) Though the moratorium was widely publicized, it was lifted in October 2013 without adequate safeguards. (9) As a result, Federal, State, and local law enforcement departments across the country are eligible again to acquire free military-grade weapons and equipment that could be used inappropriately during policing efforts in which citizens and taxpayers could be harmed. (10) Pursuant to section III(J) of a Defense Logistics Agency memorandum of understanding, property obtained through the program must be placed into use within one year of receipt, possibly providing an incentive for the unnecessary and potentially dangerous use of military grade equipment by local law enforcement. 3. Limitation on Department of Defense transfer of personal property to local law enforcement agencies (a) In general Section 2576a of title 10, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (1)(A), by striking counter-drug and ; and (B) in paragraph (2), by striking and the Director of National Drug Control Policy ; (2) in subsection (b)— (A) in paragraph (3), by striking and at the end; (B) in paragraph (4), by striking the period and inserting a semicolon; and (C) by adding at the end the following new paragraphs: (5) the recipient certifies to the Department of Defense that it has the personnel and technical capacity, including training, to operate the property; (6) the recipient submits to the Department of Defense a description of how the recipient expects to use the property; (7) the recipient certifies to the Department of Defense that if the recipient determines that the property is surplus to the needs of the recipient, the recipient will return the property to the Department of Defense; and (8) with respect to a recipient that is not a Federal agency, the recipient certifies to the Department of Defense that the recipient notified the local community of the request for personal property under this section by— (A) publishing a notice of such request on a publicly accessible Internet website; (B) posting such notice at several prominent locations in the jurisdiction of the recipient; and (C) ensuring that such notices were available to the local community for a period of not less than 30 days. ; (3) by striking subsection (d); and (4) by adding at the end the following new subsections: (d) Annual certification accounting for transferred property (1) For each fiscal year, the Secretary shall submit to Congress certification in writing that each Federal or State agency to which the Secretary has transferred property under this section— (A) has provided to the Secretary documentation accounting for all personal property, including arms and ammunition, that the Secretary has transferred to the agency, including any item described in subsection (f) so transferred before the date of the enactment of the Stop Militarizing Law Enforcement Act; and (B) with respect to a non-Federal agency, carried out each of paragraphs (5) through (8) of subsection (b). (2) If the Secretary cannot provide a certification under paragraph (1) for a Federal or State agency, the Secretary may not transfer additional property to that agency under this section. (e) Annual report on excess property Before making any property available for transfer under this section, the Secretary shall annually submit to Congress a description of the property to be transferred together with a certification that the transfer of the property would not violate this section or any other provision of law. (f) Limitations on transfers (1) The Secretary may not transfer the following personal property of the Department of Defense under this section: (A) Automatic weapons not generally recognized as particularly suitable for law enforcement purposes. (B) Any weapons that are .50 caliber or greater. (C) Tactical vehicles, including highly mobile multi-wheeled vehicles, armored vehicles, and mine-resistant ambush-protected vehicles. (D) Drones that are armored, weaponized, or both. (E) Aircraft that— (i) are combat configured or combat coded; or (ii) have no established commercial flight application. (F) Grenades and similar explosives, including flash-bang grenades and stun grenades, and grenade launchers. (G) Silencers. (H) Long range acoustic devices. (2) The Secretary may not require, as a condition of a transfer under this section, that a Federal or State agency demonstrate the use of any small arms or ammunition. (3) The Secretary shall take such steps as may be necessary to ensure that no item referred to in paragraph (1) is transferred under this section from one Federal or State agency to another such agency. (g) Conditions for extension of program Notwithstanding any other provision of law, amounts authorized to be appropriated or otherwise made available for any fiscal year may not be obligated or expended to carry out this section unless the Secretary submits to Congress certification that for the preceding fiscal year that— (1) each Federal or State agency that has received property under this section has— (A) demonstrated 100 percent accountability for all such property, in accordance with paragraph (2) or (3), as applicable; or (B) been suspended from the program pursuant to paragraph (4); (2) with respect to each non-Federal agency that has received property under this section, the State coordinator responsible for each such agency has verified that the coordinator or an agent of the coordinator has conducted an in-person inventory of the property transferred to the agency and that 100 percent of such property was accounted for during the inventory or that the agency has been suspended from the program pursuant to paragraph (4); (3) with respect to each Federal agency that has received property under this section, the Secretary of Defense or an agent of the Secretary has conducted an in-person inventory of the property transferred to the agency and that 100 percent of such property was accounted for during the inventory or that the agency has been suspended from the program pursuant to paragraph (4); (4) the eligibility of any agency that has received property under this section for which 100 percent of the equipment was not accounted for during an inventory described in paragraph (2) or (3), as applicable, to receive property transferred under this section has been suspended; (5) each State coordinator has certified, for each non-Federal agency located in the State for which the State coordinator is responsible that— (A) the agency has complied with all requirements under this section; or (B) the eligibility of the agency to receive property transferred under this section has been suspended; and (6) the Secretary of Defense has certified, for each Federal agency that has received property under this section that— (A) the agency has complied with all requirements under this section; or (B) the eligibility of the agency to receive property transferred under this section has been suspended. (h) Website The Defense Logistics Agency shall maintain an Internet website on which the following information shall be made publicly available: (1) A description of each transfer made under this section, including transfers made before and after the date of the enactment of the Stop Militarizing Law Enforcement Act, broken down by State, county, and recipient. (2) During the 30-day period preceding the date on which any property is transferred under this section, a description of the property to be transferred and the recipient of the transferred items. . (b) Effective date The amendments made by subsection (a) shall apply with respect to any transfer of property made after the date of the enactment of this Act.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5478ih/xml/BILLS-113hr5478ih.xml
|
113-hr-5479
|
I 113th CONGRESS 2d Session H. R. 5479 IN THE HOUSE OF REPRESENTATIVES September 16, 2014 Mr. Bentivolio introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Fair Credit Reporting Act to require public disclosure of the method used to calculate consumer credit scores and inclusion of debt settlement agreements in consumer reports.
1. Public disclosure of method used to calculate consumer credit scores Section 609 of the Fair Credit Reporting Act ( 15 U.S.C. 1681g ) is amended— (1) in subsection (a)(1)— (A) by striking that— and all that follows through if the consumer and inserting that, if the consumer ; (B) in subparagraph (A), by striking ; and and inserting a period; and (C) by striking subparagraph (B); and (2) by amending subsection (f)(5) to read as follows: (5) Public disclosure of credit score methodology Any person who develops a tool or system for deriving a credit score shall make such tool or system available to the public, including on such person’s website. . 2. Requirement for furnishers of information to report debt settlement Section 623(a) of the Fair Credit Reporting Act ( 15 U.S.C. 1681s–1(a) ) is amended by adding at the end the following new paragraph: (10) Duty to provide notice of debt settlement A person who furnishes information to a consumer reporting agency with respect to a debt of a consumer shall, if the person enters into a settlement agreement with the consumer with respect to such debt, notify the consumer reporting agency of such agreement within 30 days of such agreement. .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5479ih/xml/BILLS-113hr5479ih.xml
|
113-hr-5480
|
I 113th CONGRESS 2d Session H. R. 5480 IN THE HOUSE OF REPRESENTATIVES September 16, 2014 Mr. Weber of Texas (for himself and Mr. Schweikert ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs , and in addition to the Committee on Appropriations , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To prohibit the Secretary of Veterans Affairs from obligating or expending funds for alternative energy generation projects unless specifically authorized by law, and for other purposes.
1. Short title; findings (a) Short title This Act may be cited as the Empowering Our Veterans Act of 2014 . (b) Findings Congress finds the following: (1) The primary responsibility of the Department of Veterans Affairs is to provide the best possible medical care to wounded veterans. (2) Since 2009, the Department has expended at least $420,000,000 on solar and wind renewable energy projects at facilities of the Department. (3) The wind power generation projects at facilities of the Department have been full of costly delays and expensive overages, thereby wasting millions of taxpayers’ dollars and distracting the Department from accomplishing its primary responsibility. (4) The current disability claims backlog and appointment wait times are an unacceptable national disgrace. (5) The Department should use all required resources to ensure that all qualified veterans receive the best medical care available. 2. Congressional approval of alternative energy generation projects of Department of Veterans Affairs (a) Approval required No funds may be appropriated for any fiscal year, and the Secretary of Veterans Affairs may not obligate or expend funds, for any alternative energy generation project unless funds for that project have been specifically authorized by law. (b) Transfer The Secretary shall transfer all unobligated funds appropriated to the Secretary before the date of the enactment of this Act for an alternative energy generation project to the Medical Services account of the Department to provide medical care to veterans in the health care system established under section 1705(a) of title 38, United States Code. (c) Alternative energy generation project defined In this section, the term alternative energy generation project means a project carried out under the administration of the Secretary of Veterans Affairs to produce electrical or thermal energy if the primary energy source for the project is not oil, natural gas, coal, or nuclear power.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5480ih/xml/BILLS-113hr5480ih.xml
|
113-hr-5481
|
I 113th CONGRESS 2d Session H. R. 5481 IN THE HOUSE OF REPRESENTATIVES September 16, 2014 Mrs. Ellmers (for herself and Mr. Matheson ) 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 continue the use of a 3-month quarter EHR reporting period for health care providers to demonstrate meaningful use for 2015 under the Medicare and Medicaid EHR incentive payment programs, and for other purposes.
1. Continuing use of 3-month quarter EHR reporting periods for professionals and hospitals to demonstrate meaningful use for 2015 under the Medicare and Medicaid EHR incentive payment programs In specifying the EHR reporting period under part 495 of title 42, Code of Federal Regulations, for purposes of titles XVIII and XIX of the Social Security Act, the Secretary of Health and Human Services shall continue through 2015 (in the case of eligible professionals) and fiscal year 2015 (in the case of eligible hospitals and critical access hospitals) to permit the use of a 3-month quarter EHR reporting period to demonstrate meaningful use for purposes of such part, without regard to the payment year or the stage of meaningful use criteria involved.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5481ih/xml/BILLS-113hr5481ih.xml
|
113-hr-5482
|
I 113th CONGRESS 2d Session H. R. 5482 IN THE HOUSE OF REPRESENTATIVES September 16, 2014 Mr. Kelly of Pennsylvania introduced the following bill; which was referred to the Select Committee on Intelligence (Permanent Select) , 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 enhance the Office of Personnel Management background check system for the granting, denial, or revocation of security clearances or access to classified information of employees and contractors of the Federal Government.
1. Short title This Act may be cited as the Enhanced Security Clearance Act of 2014 . 2. Enhancing government personnel security programs (a) Definitions In this section— (1) the term covered individual means an individual who has been determined eligible for access to classified information or eligible to hold a sensitive position; and (2) the term periodic reinvestigations means investigations conducted for the purpose of updating a previously completed background investigation— (A) every 5 years in the case of— (i) eligibility for access to top secret information or access to a highly sensitive program; or (ii) eligibility to hold a special sensitive or critical sensitive position; (B) every 10 years in the case of— (i) eligibility for access to secret information; or (ii) eligibility to hold a noncritical sensitive position; or (C) every 15 years in the case of eligibility for access to confidential information. (b) Resolution of backlog of overdue periodic reinvestigations (1) In general The Director of National Intelligence shall develop and implement a plan to eliminate the backlog of overdue periodic reinvestigations of covered individuals. (2) Requirements The plan developed under paragraph (1) shall— (A) use a risk-based approach to— (i) identify high-risk populations; and (ii) prioritize reinvestigations that are due or overdue to be conducted; and (B) use random automated record checks (consistent with the requirements of paragraph (3)) of covered individuals that shall include all covered individuals in the pool of individuals subject to a one-time check. (3) Automated record checks An automated record check with respect to a covered individual shall use and examine comprehensive sources of information, including— (A) publicly available online electronic information regarding such individual, including blogs, microblogs, forums, news Web sites, and picture and video sharing Web sites; (B) publicly available social media data regarding such individual, including pictures, videos, posts, or comments; (C) information relating to criminal or civil legal proceedings applicable to such individual; (D) public news article, press reports, or media clippings which detail relevant security or counterintelligence information; and (E) financial information relating to the covered individual, including the credit worthiness of the covered individual. (c) Enhanced security clearance programs Part III of title 5, United States Code, is amended by adding at the end the following: J Enhanced personnel security programs 110 Enhanced personnel security programs Sec. 11001. Enhanced personnel security programs. 11001. Enhanced personnel security programs (a) Definitions In this section— (1) the term agency has the meaning given that term in section 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341 ); (2) the term consumer reporting agency has the meaning given that term in section 603 of the Fair Credit Reporting Act ( 15 U.S.C. 1681a ); (3) the term covered individual means an individual who has been determined eligible for access to classified information or eligible to hold a sensitive position; (4) the term enhanced personnel security program means a program implemented by an agency at the direction of the Director of National Intelligence under subsection (b); and (5) the term periodic reinvestigations means investigations conducted for the purpose of updating a previously completed background investigation— (A) every 5 years in the case of— (i) eligibility for access to top secret information or access to a highly sensitive program; or (ii) eligibility to hold a special sensitive or critical sensitive position; (B) every 10 years in the case of— (i) eligibility for access to secret information; or (ii) eligibility to hold a noncritical sensitive position; or (C) every 15 years in the case of eligibility for access to confidential information. (b) Enhanced Personnel Security Program The Director of National Intelligence shall direct each agency to implement a program to provide enhanced security review of covered individuals— (1) in accordance with this section; and (2) not later than the earlier of— (A) the date that is 5 years after the date of enactment of the Enhanced Security Clearance Act of 2014 ; or (B) the date on which the backlog of overdue periodic reinvestigations of covered individuals is eliminated, as determined by the Director of National Intelligence. (c) Comprehensiveness (1) Sources of information The enhanced personnel security program of an agency shall integrate relevant information from various sources, including government, publicly available, and commercial data sources, consumer reporting agencies, social media, and such other sources as determined by the Director of National Intelligence. (2) Types of information Information obtained and integrated from sources described in paragraph (1) may include— (A) information relating to any criminal or civil legal proceeding; (B) financial information relating to the covered individual, including the credit worthiness of the covered individual; (C) public information, including news articles or reports, that includes relevant security or counterintelligence information about the covered individual; (D) publicly available electronic information, to include relevant security or counterintelligence information on any social media Web site or forum, blog, microblog, picture or video sharing Web site and other public online content that may suggest ill intent, vulnerability to blackmail, compulsive behavior, allegiance to another country, illegal drug use, criminal activity, material falsification, change in ideology, or any other information that may suggest the covered individual lacks good judgment, reliability or trustworthiness; and (E) data maintained on any terrorist or criminal watch list maintained by any agency, State or local government, or international organization. (d) Reviews of covered individuals (1) Reviews (A) In general The enhanced personnel security program of an agency shall require that, not less than 2 times every 5 years, the head of the agency shall conduct or request the conduct of automated record checks and checks of information from sources under subsection (c) to ensure the continued eligibility of each covered individual employed or contracted with by the agency, unless more frequent reviews of automated record checks and checks of information from sources under subsection (c) are conducted on the covered individual. (B) Scope of reviews Except for a covered individual who is subject to more frequent reviews to ensure the continued eligibility of the covered individual, the reviews under subparagraph (A) shall consist of random or aperiodic checks of covered individuals, such that each covered individual is subject to at least 2 reviews during the 5-year period beginning on the date on which the agency implements the enhanced personnel security program of an agency, and during each 5-year period thereafter. (C) Individual reviews A review of the information relating to the continued eligibility of a covered individual under subparagraph (A) may not be conducted until after the end of the 120-day period beginning on the date the covered individual receives the notification required under paragraph (3). (2) Results The head of an agency shall take appropriate action if a review under paragraph (1) finds relevant information that may affect the continued eligibility of a covered individual. (3) Information for covered individuals The head of an agency shall ensure that each covered individual employed by the agency or a contractor of the agency is adequately advised of the types of relevant security or counterintelligence information the covered individual is required to report to the head of the agency. (4) Limitation Nothing in this subsection shall be construed to affect the authority of an agency to determine the appropriate weight to be given to information relating to a covered individual in evaluating the continued eligibility of the covered individual. (5) Guidance for minor financial or mental health issues The Director of National Intelligence shall issue guidance defining minor financial or mental health issues, in accordance with this section and any direction from the President. (6) Authority of the President Nothing in this subsection shall be construed as limiting the authority of the President to direct or perpetuate periodic reinvestigations of a more comprehensive nature or to delegate the authority to direct or perpetuate such reinvestigations. (e) Audit (1) In general Beginning 2 years after the date of implementation of the enhanced personnel security program of an agency under subsection (b), the Inspector General of the agency shall conduct at least 1 audit to assess the effectiveness and fairness, which shall be determined in accordance with performance measures and standards established by the Director of National Intelligence, to covered individuals of the enhanced personnel security program of the agency. (2) Submissions to the DNI The results of each audit conducted under paragraph (1) shall be submitted to the Director of National Intelligence to assess the effectiveness and fairness of the enhanced personnel security programs across the Federal Government. . (d) Technical and conforming amendment The table of chapters for part III of title 5, United States Code, is amended by adding at the end following: Subpart J—Enhanced personnel security programs 110. Enhanced personnel security programs 11001 .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5482ih/xml/BILLS-113hr5482ih.xml
|
113-hr-5483
|
I 113th CONGRESS 2d Session H. R. 5483 IN THE HOUSE OF REPRESENTATIVES September 16, 2014 Mr. Griffin of Arkansas (for himself, Mr. Hanna , Mr. Bridenstine , Mr. Amodei , Mr. Rogers of Kentucky , Mr. Cotton , Mr. Reichert , Mrs. Lummis , and Mr. Pompeo ) introduced the following bill; which was referred to the Committee on Armed Services , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title 10, United States Code, to continue the national security exemption from emissions regulations when an excess Department of Defense vehicle covered by the exemption is transferred to a firefighting agency in a State or to any other State agency.
1. Short title This Act may be cited as the Firefighter Equipment Protection Act of 2014 . 2. Continuation of national security emissions exemption for certain Department of Defense vehicle transfers (a) Continuation of emissions exemption upon transfer Section 2576b of title 10, United States Code, is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection (d): (d) Continuation of emissions exemption upon transfer Personal property transferred under the authority of this section or through the Federal Excess Personal Property (FEPP) program or the Firefighter Property program (FFP) that qualified for a national security exemption under section 89.908 of title 40, Code of Federal Regulations, shall maintain this exemption even after the personal property is transferred to a firefighting agency in a State or to another State agency. . (b) Effective date Subsection (d) of section 2576b of title 10, United States Code, as added by subsection (a)(2), shall apply to personal property described in such subsection (d) and transferred under such section or through the Federal Excess Personal Property program or the Firefighter Property program after July 1, 2014.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5483ih/xml/BILLS-113hr5483ih.xml
|
113-hr-5484
|
I 113th CONGRESS 2d Session H. R. 5484 IN THE HOUSE OF REPRESENTATIVES September 16, 2014 Mr. Benishek (for himself, Mr. Honda , Mr. Rahall , Mr. Conyers , and Mr. Higgins ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs , and in addition to the Committee on Armed Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish in the Department of Veterans Affairs a national center for research on the diagnosis and treatment of health conditions of the descendants of veterans exposed to toxic substances during service in the Armed Forces, to establish an advisory board on exposure to toxic substances, and for other purposes.
1. Short title This Act may be cited as the Toxic Exposure Research Act of 2014 . 2. Definitions In this Act: (1) Armed Force The term Armed Force means the United States Army, Navy, Marine Corps, Air Force, or Coast Guard, including the reserve components thereof. (2) Descendant The term descendant means, with respect to an individual, the biological child, grandchild, or great-grandchild of that individual. (3) Toxic substance The term toxic substance shall have the meaning given that term by the Secretary of Veterans Affairs and shall include all substances that have been proven by peer reviewed scientific research or a preponderance of opinion in the medical community to lead to disabilities related to the exposure of an individual to those substances while serving as a member of the Armed Forces. (4) Veteran The term veteran has the meaning given that term in section 101 of title 38, United States Code. 3. National center for research on the diagnosis and treatment of health conditions of the descendants of individuals exposed to toxic substances during service in the Armed Forces (a) National center (1) In general Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall, in consultation with the advisory board established under section 4, select a medical center of the Department of Veterans Affairs to serve as the national center for research on the diagnosis and treatment of health conditions of descendants of individuals exposed to toxic substances while serving as members of the Armed Forces that are related to that exposure (in this section referred to as the National Center ). (2) Criteria for selection The National Center shall be selected under paragraph (1) from among medical centers of the Department with expertise in diagnosing and treating functional and structural birth defects and caring for individuals exposed to toxic substances, or that are affiliated with research medical centers or teaching hospitals with such expertise, that seek to be selected under this section. (b) Research (1) In general The National Center may conduct research on the diagnosis and treatment of health conditions of descendants of individuals exposed to toxic substances while serving as members of the Armed Forces that are related to that exposure. (2) Studies In conducting research under paragraph (1), the National Center shall study individuals, at the election of the individual, for whom the Secretary has made one of the following determinations: (A) (i) The individual is a descendant of an individual who served as a member of the Armed Forces; (ii) such member was exposed to a toxic substance while serving as a member of the Armed Forces; and (iii) such descendant is afflicted with a health condition that is determined by the advisory board established in section 4 to be a health condition that results from the exposure of such member to such toxic substance. (B) (i) The individual was exposed to a toxic substance while serving as a member of the Armed Forces; and (ii) such individual is afflicted with a health condition that is determined by the advisory board established in section 4 to be a health condition that results from the exposure of such individual to such toxic substance. (3) Use of records (A) In general The Secretary of Defense or the head of a Federal agency may make available to the Secretary of Veterans Affairs for review records held by the Department of Defense, an Armed Force, or that Federal agency, as appropriate, that might assist the Secretary of Veterans Affairs in making the determinations required by paragraph (2). (B) Mechanism The Secretary of Veterans Affairs and the Secretary of Defense or the head of the appropriate Federal agency may jointly establish a mechanism for the availability and review of records by the Secretary of Veterans Affairs under subparagraph (A). (c) Social workers The National Center shall employ not less than one licensed clinical social worker to coordinate access of individuals to appropriate Federal, State, and local social and healthcare programs and to handle case management. (d) Reimbursement for necessary travel and room and board The National Center shall reimburse any individual participating in a study pursuant to subsection (b), and any parent, guardian, spouse, or sibling who accompanies such individual, for the reasonable cost of— (1) travel to the National Center for participation in such study; and (2) room and board during the period in which such individual is participating in such study at the National Center. (e) Report Not less frequently than annually, the National Center shall submit a report to Congress on the functions of the National Center during the year preceding the submittal of the report that includes a summary of the research efforts of the National Center under this section that have been completed during such year and that are ongoing as of the date of the submittal of the report. 4. Advisory board (a) Establishment Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish an advisory board (in this section referred to as the Advisory Board )— (1) to advise the National Center established under section 3; (2) to determine which health conditions result from exposure to toxic substances; and (3) to study and evaluate cases of exposure of current and former members of the Armed Forces to toxic substances if such exposure is related the service of the member in the Armed Forces. (b) Membership (1) Composition Not later than 120 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall, in consultation with the Secretary of Health and Human Services, the Director of the National Institute of Environmental Health Sciences, and other heads of Federal agencies as the Secretary of Veterans Affairs determines appropriate, select not less than 13 members of the Advisory Board, of whom— (A) not less than three shall be members of organizations exempt from taxation under section 501(c)(19) of the Internal Revenue Code of 1986; (B) not less than one shall be— (i) a descendant of an individual who was exposed to toxic substances while serving as a member of the Armed Forces and the descendant has manifested a birth defect or functional disability as a result of the exposure of that individual; or (ii) a parent, child, or grandchild of that descendant; and (C) additional members may be selected from among— (i) health professionals, scientists, and academics with expertise in— (I) birth defects; (II) developmental disabilities; (III) epigenetics; (IV) public health; (V) the science of environmental exposure or environmental exposure assessment; (VI) the science of toxic substances; or (VII) medical and research ethics; (ii) social workers; and (iii) advocates for veterans or members of the Armed Forces. (2) Chairperson The Secretary shall select a Chairperson from among the members of the Advisory Board. (3) Terms Each member of the Advisory Board shall serve a term of two or three years as determined by the Secretary. (c) Duties (1) Advisory role with respect to the National Center With respect to the National Center established under section 3, the Advisory Board shall— (A) oversee and assess the work of the National Center; and (B) advise the Secretary of Veterans Affairs on— (i) issues related to the research conducted at the National Center; and (ii) the particular benefits and services required by the descendants of individuals exposed to toxic substances while serving as members of the Armed Forces. (2) Determination that health conditions resulted from toxic exposure The Advisory Board shall determine which health conditions in descendants of individuals exposed to toxic substances while serving as members of the Armed Forces are health conditions that resulted from the exposure of that individual to that toxic substance for purposes of eligibility of those descendants for medical care under section 1781 of title 38, United States Code. (3) Study and consideration of toxic substance exposure claims (A) In general The Advisory Board shall study and evaluate claims of exposure to toxic substances by current and former members of the Armed Forces that is related to the service of the member in the Armed Forces. (B) Submission of claims Claims of exposure described in subparagraph (A) may be submitted to the Advisory Board in such form and in such manner as the Secretary of Veterans Affairs may require by any of the following individuals or entities: (i) A member of the Armed Forces. (ii) A veteran. (iii) A descendant of a member of the Armed Forces. (iv) A descendant of a veteran. (v) A veterans advocacy group. (vi) An official of the Department of Veterans Affairs with responsibility or experience monitoring the health of current and former members of the Armed Forces. (vii) An official of the Department of Defense with responsibility or experience monitoring the health of current and former members of the Armed Forces. (C) Consideration of claims Not later than 180 days after receiving a claim submitted pursuant to subparagraph (B), the Advisory Board shall consider the claim and take one of the following actions: (i) If the Advisory Board determines that exposure to a toxic substance occurred to a degree that an individual exposed to that substance may have or develop a medical condition that would qualify that individual for health care or compensation from the Department of Veterans Affairs or the Department of Defense, the Advisory Board shall submit to the Secretary of Veterans Affairs a report described in subparagraph (D). (ii) If the Advisory Board determines that further consideration of the claim is necessary to adequately assess the extent of exposure, the Advisory Board shall refer the claim to the National Center established under section 3 to conduct further research and report its findings to the Advisory Board. (iii) If the Advisory Board determines that exposure to a toxic substance did not occur, the Advisory Board shall report such determination to the Secretary of Veterans Affairs. (D) Report If the Advisory Board makes a determination under subparagraph (C)(i), the Advisory Board shall submit to the Secretary of Veterans Affairs a report that contains the following: (i) Evidence used by the Advisory Board in making the determination under subparagraph (C)(i), including, if appropriate, the following: (I) Scientific research. (II) Peer-reviewed articles from scientific journals relating to exposure to toxic substances. (III) Medical research conducted by the Department of Veterans Affairs, the Department of Defense, or the medical community. (ii) Recommendations on the extent to which the Department of Veterans Affairs or the Department of Defense should provide health care, benefits, or other compensation with respect to exposure to a toxic substance to the following individuals: (I) An individual exposed to a toxic substance as determined under subparagraph (C)(i). (II) A descendant of that individual. (iii) Information on cost and attributable exposure, as defined in regulations prescribed pursuant to this Act. (E) Publication of evidence (i) In general Except as provided in clause (ii), the Secretary shall publish in the Federal Register the evidence described in clause (i) of subparagraph (D) that is submitted with the report required by that subparagraph. (ii) Exception Such evidence may not be published if the Secretary determines that preventing such publication— (I) is in the national security interest of the United States; or (II) protects the privacy interests of individuals exposed to toxic substances. (F) Subpoena authority The Advisory Board may require by subpoena the attendance and testimony of witnesses necessary to consider claims of exposure to toxic substances under this paragraph. (G) Cooperation of Federal Agencies The head of each relevant Federal agency, including the Administrator of the Environmental Protection Agency, shall cooperate fully with the Advisory Board for purposes of considering claims of exposure to toxic substances under this paragraph. (d) Meetings The Advisory Board shall meet at the call of the Chair, but not less frequently than semiannually. (e) Compensation (1) In general The members of the Advisory Board shall serve without compensation. (2) Travel expenses The members of the Advisory Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Advisory Board. (f) Personnel (1) In general The Chairperson may, without regard to the civil service laws and regulations, appoint an executive director of the Advisory Board, who shall be a civilian employee of the Department of Veterans Affairs, and such other personnel as may be necessary to enable the Advisory Board to perform its duties. (2) Approval The appointment of an executive director under paragraph (1) shall be subject to approval by the Advisory Board. (3) Compensation The Chairperson may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. 5. Declassification by Department of Defense of certain incidents of exposure of members of the Armed Forces to toxic substances (a) In general The Secretary of Defense may declassify documents related to any known incident in which not less than 100 members of the Armed Forces were exposed to a toxic substance that resulted in at least one case of a disability that a member of the medical profession has determined to be associated with that toxic substance. (b) Limitation The declassification authorized by subsection (a) shall be limited to information necessary for an individual who was potentially exposed to a toxic substance to determine the following: (1) Whether that individual was exposed to that toxic substance. (2) The potential severity of the exposure of that individual to that toxic substance. (3) Any potential health conditions that may have resulted from exposure to that toxic substance. (c) Exception The Secretary of Defense is not required to declassify documents if the Secretary determines that declassification of those documents would materially and immediately threaten the security of the United States. 6. National outreach campaign on potential long-term health effects of exposure to toxic substances by members of the Armed Forces and their descendants The Secretary of Veterans Affairs, the Secretary of Health and Human Services, and the Secretary of Defense shall jointly conduct a national outreach and education campaign directed towards members of the Armed Forces, veterans, and their family members to communicate the following information: (1) Information on— (A) incidents of exposure of members of the Armed Forces to toxic substances; (B) health conditions resulting from such exposure; and (C) the potential long-term effects of such exposure on the individuals exposed to those substances and the descendants of those individuals. (2) Information on the National Center established under section 3 of this Act for individuals eligible to participate in studies conducted at the National Center.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5484ih/xml/BILLS-113hr5484ih.xml
|
113-hr-5485
|
I 113th CONGRESS 2d Session H. R. 5485 IN THE HOUSE OF REPRESENTATIVES September 16, 2014 Mr. Sean Patrick Maloney of New York 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 additional reporting on crime and harm that occurs during student participation in programs of study abroad, and for other purposes.
1. Short title This Act may be cited as the Ravi Thackurdeen Safe Students Study Abroad Act . 2. Application of Clery Act to programs of study abroad (a) Reporting of crime statistics Paragraph (12) of section 485(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(f) ) 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 a semicolon; and (3) by adding at the end the following: (E) while a student is participating in a program of study abroad approved for credit by an institution of higher education, distinguished by whether the criminal offense occurred at a location described in subparagraph (A), (B), (C), or (D) or at another location, without regard to whether the institution owns or controls a building or property at such location. . (b) Additional reporting for programs of study abroad Section 485(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(f) ) is amended— (1) by redesignating paragraph (18) as paragraph (19); and (2) by inserting after paragraph (17), the following new paragraph: (18) (A) Each institution of higher education participating in any program under this title, other than a foreign institution of higher education, shall develop and distribute as part of the report described in paragraph (1), a statement that the institution has adopted and implemented a program to protect students participating in a program of study abroad approved for credit by the institution from crime and harm while participating in such program of study abroad that, at a minimum, includes the following: (i) A biennial review by the institution of the programs of study abroad approved for credit by the institution to determine— (I) the effectiveness of the programs at protecting students from crime and harm, and whether changes to the programs are needed (based on the most recent guidance or other assistance from the Secretary) and will be implemented; (II) for the 10 years preceding the date of the report, the number (in the aggregate for all programs of study abroad approved for credit by the institution) of— (aa) deaths of program participants resulting during program participation; (bb) accidents and illnesses occurring during program participation that resulted in hospitalization; (cc) sexual assaults against program participants occurring during program participation; and (dd) incidents involving program participants during the program participation that resulted in police involvement or a police report; and (III) with respect to the incidents described in items (aa) through (dd) of subclause (II), whether the incidents occurred— (aa) on campus; (bb) in or on a noncampus building or property; (cc) on public property; (dd) in dormitories or other residential facilities for students; or (ee) at a location not described in items (aa) through (dd) of this subclause, without regard to whether the institution owns or controls a building or property at the location. (ii) The crime statistics described in paragraph (12)(E). (B) An institution of higher education described in subparagraph (A) shall— (i) provide each student who is interested in participating in a program of study abroad approved for credit by the institution, with a pre-trip orientation session and advising that includes— (I) a list of countries in which such programs of study abroad are located; (II) all current travel information, including all travel warnings and travel alerts, issued by the Bureau of Consular Affairs of the Department of State for such countries; and (III) the information described in clauses (i) and (ii) of subparagraph (A), provided specifically for each program of study abroad approved for credit by the institution in which the student is considering participation; and (ii) provide each student who returns from such a program of study abroad with a post-trip orientation session, including an exit interview that assists the institution in carrying out subparagraph (A) and clause (i) of this subparagraph. (C) An institution of higher education shall not disaggregate or otherwise distinguish information for purposes of subparagraph (A) or (B) in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student. (D) The Secretary shall periodically review a representative sample of the programs described in subparagraph (A) that have been adopted and implemented by institutions of higher education to protect students participating in a program of study abroad described in subparagraph (A) from crime and harm while participating in such program of study abroad. .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5485ih/xml/BILLS-113hr5485ih.xml
|
113-hr-5486
|
I 113th CONGRESS 2d Session H. R. 5486 IN THE HOUSE OF REPRESENTATIVES September 16, 2014 Ms. Esty (for herself, Ms. Kaptur , Mr. Holt , Mr. Honda , Mr. Thompson of California , Ms. DeLauro , Mr. Hinojosa , Ms. Wasserman Schultz , Ms. Shea-Porter , Mr. Cicilline , Ms. Clark of Massachusetts , Mr. Lowenthal , Ms. Matsui , Mr. Ellison , and Mr. Deutch ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To require the Consumer Product Safety Commission to promulgate a rule to require child safety packaging for liquid nicotine containers, and for other purposes.
1. Short title This Act may be cited as the Child Nicotine Poisoning Prevention Act of 2014 . 2. Child safety packaging for liquid nicotine containers (a) Definitions In this section: (1) Commission The term Commission means the Consumer Product Safety Commission. (2) Liquid nicotine container The term liquid nicotine container means a consumer product, as defined in section 3(a)(5) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(5)) notwithstanding subparagraph (B) of such section, that consists of a container that— (A) has an opening that is accessible through normal and reasonably foreseeable use by a consumer; and (B) is used to hold liquid containing nicotine in any concentration. (3) Nicotine The term nicotine means any form of the chemical nicotine, including any salt or complex, regardless of whether the chemical is naturally or synthetically derived. (4) Special packaging The term special packaging has the meaning given such term in section 2 of the Poison Prevention Packaging Act of 1970 (15 U.S.C. 1471). (b) Required use of special packaging for liquid nicotine containers (1) Rulemaking (A) In general Notwithstanding section 3(a)(5)(B) of the Consumer Product Safety Act ( 15 U.S.C. 2052(a)(5)(B) ) or section 2(f)(2) of the Federal Hazardous Substances Act (15 U.S.C. 1261(f)(2)), not later than 1 year after the date of the enactment of this Act, the Commission shall promulgate a rule requiring special packaging for liquid nicotine containers. (B) Amendments The Commission may promulgate such amendments to the rule promulgated under subparagraph (A) as the Commission considers appropriate. (2) Expedited process The Commission shall promulgate the rules under paragraph (1) in accordance with section 553 of title 5, United States Code. (3) Inapplicability of certain rulemaking requirements The following provisions shall not apply to a rulemaking under paragraph (1): (A) Sections 7 and 9 of the Consumer Product Safety Act (15 U.S.C. 2056 and 2058). (B) Section 3 of the Federal Hazardous Substances Act ( 15 U.S.C. 1262 ). (C) Subsections (b) and (c) of section 3 of the Poison Prevention Packaging Act of 1970 (15 U.S.C. 1472). (4) Savings clause Nothing in this section shall be construed to limit or diminish the authority of the Food and Drug Administration to regulate the manufacture, marketing, sale, or distribution of liquid nicotine, liquid nicotine containers, electronic cigarettes, or similar products that contain or dispense liquid nicotine.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5486ih/xml/BILLS-113hr5486ih.xml
|
113-hr-5487
|
I 113th CONGRESS 2d Session H. R. 5487 IN THE HOUSE OF REPRESENTATIVES September 16, 2014 Mr. Brady of Texas (for himself and Mr. Crowley ) 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 certain stock of real estate investment trusts from the tax on foreign investments in United States real property interests, and for other purposes.
1. Short title This Act may be cited as the Real Estate Investment and Jobs Act of 2014 . 2. Exception from FIRPTA for certain stock of real estate investment trusts (a) In general Paragraph (3) of section 897(c) of the Internal Revenue Code of 1986 is amended— (1) by striking all that precedes If any class and inserting the following: (3) Exceptions for certain stock (A) Exception for stock regularly traded on established securities markets , (2) by inserting before the period the following: . In the case of any class of stock of a real estate investment trust, the preceding sentence shall be applied by substituting 10 percent for 5 percent , and (3) by adding at the end the following new subparagraph: (B) Exception for certain stock in real estate investment trusts (i) In general Stock of a real estate investment trust held by a qualified shareholder shall not be treated as a United States real property interest except to the extent that an investor in the qualified shareholder (other than an investor that is a qualified shareholder) holds more than 10 percent of the stock of such real estate investment trust (determined by applying the constructive ownership rules of section 897(c)(6)(C)). (ii) Qualified shareholder For purposes of this subparagraph, the term qualified shareholder means an entity— (I) that is eligible for benefits of a comprehensive income tax treaty with the United States which includes an exchange of information program, (II) that is a qualified collective investment vehicle, (III) whose principal class of interests is listed and regularly traded on one or more recognized stock exchanges (as defined in such comprehensive income tax treaty), and (IV) that maintains records on the identity of each person who, at any time during the qualified shareholder’s taxable year, is the direct owner of 5 percent or more of the class of interest described in clause (III). (iii) Qualified collective investment vehicle For purposes of this subparagraph, the term qualified collective investment vehicle means an entity that— (I) would be eligible for a reduced rate of withholding under such comprehensive income tax treaty with respect to ordinary dividends paid by a real estate investment trust, even if such entity holds more than 10 percent of the stock of such real estate investment trust, or (II) is designated as a qualified collective investment vehicle by the Secretary and is either— (aa) fiscally transparent within the meaning of section 894, or (bb) required to include dividends in its gross income, but is entitled to a deduction for distributions to its investors. . (b) Distributions by real estate investment trusts Paragraph (1) of section 897(h) of the Internal Revenue Code of 1986 is amended— (1) by inserting (10 percent in the case of stock of a real estate investment trust) after 5 percent of such class of stock , and (2) by inserting , and any distribution to a qualified shareholder (as defined in subsection (c)(3)(B)(ii)) shall not be treated as gain recognized from the sale or exchange of a United States real property interest to the extent that the stock of the real estate investment trust held by such qualified shareholder is not treated as a United States real property interest under subsection (c)(3)(B) before the period at the end of the second sentence. (c) Definition Subparagraph (B) of section 897(h)(4) of the Internal Revenue Code of 1986 is amended by adding at the end the following: In determining whether a qualified investment entity is domestically controlled— (i) a qualified investment entity shall be permitted to presume that stock held by a holder of less than 5 percent of a class of stock regularly traded on an established securities market in the United States is held by United States persons throughout the testing period except to the extent that the qualified investment entity has actual knowledge regarding stock ownership, (ii) any stock in the qualified investment entity held by another qualified investment entity— (I) any class of stock of which is regularly traded on an established stock exchange, or (II) which is a regulated investment company which issues redeemable securities (within the meaning of section 2 of the Investment Company Act of 1940), shall be treated as held by a foreign person unless such other qualified investment entity is domestically controlled (as determined under this subparagraph) in which case such stock shall be treated as held by a United States person, and (iii) any stock in the qualified investment entity held by any other qualified investment entity not described in subclause (I) or (II) of clause (ii) shall only be treated as held by a United States person to the extent that the stock of such other qualified investment entity is (or is treated under this subparagraph as) held by a United States person. . (d) Conforming amendment Subparagraph (C) of section 897(c)(6) of the Internal Revenue Code of 1986 is amended— (1) by striking more than 5 percent and inserting more than 5 or 10 percent, whichever is applicable, , and (2) by striking substituting 5 percent for 50 percent ) and inserting substituting 5 percent or 10 percent, whichever is applicable for 50 percent ) . (e) Effective dates (1) In general The amendments made by subsection (a) shall apply to dispositions on and after the date of the enactment of this Act. (2) Distributions The amendments made by subsection (b) shall apply to any distribution by a real estate investment trust on or after the date of the enactment of this Act which is treated as a deduction for a taxable year of such trust ending after such date. (3) Definitions The amendments made by subsections (c) and (d) shall take effect on the date of the enactment of this Act. 3. United States real property interest (a) United States real property interest Subparagraph (B) of section 897(c)(1) of the Internal Revenue Code of 1986 is amended by striking all that precedes (i) as of the date of the disposition and inserting the following: (B) Exclusion for interest in certain corporations The term United States real property interest does not include any interest in a corporation (other than a qualified investment entity (as defined in subsection (h)(4)(A)(i)) if— . (b) Effective date The amendment made by this section shall take effect on the date of the enactment of this Act. 4. Required notification of FIRPTA status (a) In general Section 6039C of the Internal Revenue Code of 1986 is amended by redesignating subsection (d) as subsection (e) and by inserting after subsection (c) the following new subsection: (d) Required notification of status as United States real property holding corporation; presumption of foreign control for qualified investment entities (1) Required notification of status as United States real property holding corporation Any United States real property holding corporation (as defined in section 897(c)(2)) is hereby required to make its status as a United States real property holding corporation readily accessible, and in the case of a publicly traded corporation, publicly available. Under regulations prescribed by the Secretary, such notifications may include disclosure of such status on Form 1099s sent to shareholders, in annual reports, on websites, and, in the case of privately held corporations, on stock certificates. (2) Presumption of foreign control of qualified investment entities In the absence of disclosure to the contrary (in such form and manner as the Secretary may prescribe), any qualified investment entity (as defined in section 897(h)(4)(A)) will be presumed for purposes of section 897 to be foreign controlled. (3) Penalty for failure to make notification of status The penalty provided under section 6721 shall apply to any failure to comply with the requirements of paragraph (1), with the following modifications— (A) in the case of a corporation other than a corporation which meets the gross receipts test of section 6721(d)(2), the minimum penalty imposed under such section shall be equal to the maximum penalty provided under section 6721(a)(1), (B) in the case of a corporation which holds United States real estate with a gross fair market value of at least $1,000,000,000— (i) the minimum penalty imposed under such section shall be equal to $5,000,000, and (ii) in the case of an intentional failure, the minimum penalty imposed under such section shall be the greater of the penalty provided under section 6721(e) or $10,000,000. . (b) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act. 5. Require FIRPTA withholding by brokers on sales by shareholders owning a more than 5 percent interest (a) In general Section 1445(e) of the Internal Revenue Code of 1986 is amended by redesignating paragraph (7) as paragraph (8) and by inserting after paragraph (6) the following new paragraph: (7) Broker withholding obligation on certain dispositions of nondomestically controlled United States real property holding corporations (A) In general In the case of any disposition of an interest in a United States real property holding corporation (as defined in section 897(c)(2)) involving a broker (as defined in section 6045(c)), such broker shall be required to deduct and withhold a tax equal to 10 percent of the amount realized on the disposition. (B) Exceptions (i) Domestic qualified investment entities and real estate investment trusts Subparagraph (A) shall not apply to sales of stock of a domestically controlled qualified investment entity (as defined in section 897(h)(4)) or stock of a real estate investment trust that is not treated as a United States real property interest pursuant to section 897(c)(3)(B). (ii) Greater than 5 percent interest in United States real property holding corporation Subparagraph (A) shall not apply if the transferee held a greater than 5 percent interest (or in the case of the disposition of any class of stock of a real estate investment trust that is regularly traded on an established securities market, a greater than 10 percent interest) in the United States real property holding corporation. In determining whether that threshold is met, brokers are permitted to rely on public statements made by public companies, including statements related to the status of the company as a United States real property holding corporation or as a domestically controlled qualified investment entity. (iii) Lack of broker knowledge Subparagraph (A) shall apply only if the broker had actual knowledge (or reasonably should have known) of their withholding obligation. . (b) Conforming amendment Section 1445(b)(6) of the Internal Revenue Code of 1986 is amended by striking This paragraph and inserting Except as provided in subsection (e)(7), this paragraph . (c) Effective date The amendments made by this section shall apply to dispositions after the date of the enactment of this Act. 6. Interests in RICs and REITs not excluded from definition of United States real property interests (a) In general Section 897(c)(1)(B) of the Internal Revenue Code of 1986 is amended by striking and at the end of clause (i), by striking the period at the end of clause (ii)(II) and inserting , and , and by adding at the end the following new clause: (iii) neither such corporation nor any predecessor of such corporation was a regulated investment company or a real estate investment company at any time during the period described in subparagraph (A)(ii). . (b) Effective date The amendment made by this section shall apply to dispositions after the date of the enactment of this Act. 7. Dividends derived from RICs and REITs ineligible for deduction for United States source portion of dividends from certain foreign corporations (a) In general Section 245(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (12) Dividends derived from RICs and REITs ineligible for deduction Regulated investment companies and real estate investment trusts shall not be treated as domestic corporations for purposes of paragraph (5)(B). . (b) Effective date The amendment made by this section shall apply to dividends received from regulated investment companies and real estate investment trusts on or after the date of the enactment of this Act.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5487ih/xml/BILLS-113hr5487ih.xml
|
113-hr-5488
|
I 113th CONGRESS 2d Session H. R. 5488 IN THE HOUSE OF REPRESENTATIVES September 16, 2014 Ms. Jackson Lee introduced the following bill; which was referred to the Committee on the Judiciary A BILL To require a review of the completeness of the Terrorist Screening Database (TSDB) maintained by the Federal Bureau of Investigation and the derivative terrorist watchlist utilized by the Transportation Security Administration, and for other purposes.
1. Short title This Act may be cited as the No Fly for Foreign Fighters Act . 2. Review of the completeness of the Terrorist Screening Database (TSDB) maintained by the Federal Bureau of Investigation and the derivative terrorist watchlist utilized by the Transportation Security Administration (a) In general Not later than 90 days after the date of the enactment of this Act, the Attorney General, acting through the Director of the Terrorist Screening Center, shall complete a review, in coordination with appropriate representatives from the Department of Homeland Security and all other relevant Federal agencies, of the completeness of the Terrorist Screening Database (TSDB) and the terrorist watchlist utilized by the Administrator of the Transportation Security Administration to determine if an individual who may seek to board a United States-bound flight or a domestic flight and who poses a threat to aviation or national security or a threat of terrorism and who is known or suspected of being a member of a foreign terrorist organization is included in such Database and on such watchlist. (b) Report Not later than ten days after the completion of the review under subsection (a), the Director of the Terrorist Screening Center 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 findings of such review.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5488ih/xml/BILLS-113hr5488ih.xml
|
113-hr-5489
|
I 113th CONGRESS 2d Session H. R. 5489 IN THE HOUSE OF REPRESENTATIVES September 16, 2014 Mr. Conyers (for himself, Ms. Kaptur , Ms. Wilson of Florida , Ms. Norton , Mr. Cummings , Mr. Lewis , Mr. Rangel , and Ms. Sewell of Alabama ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To provide for youth jobs, and for other purposes.
1. Short title This Act may be cited as the Employ Young Americans Now Act . 2. Establishment of Employ Young Americans Fund (a) Establishment There is established in the Treasury of the United States an account that shall be known as the Employ Young Americans Fund (referred to in this Act as the Fund ). (b) Deposits into the Fund Out of any amounts in the Treasury not otherwise appropriated, there is appropriated $5,500,000,000 for fiscal year 2015, which shall be paid to the Fund, to be used by the Secretary of Labor to carry out this Act. (c) Availability of funds Of the amounts available to the Fund under subsection (b), the Secretary of Labor shall— (1) allot $4,000,000,000 in accordance with section 3 to provide summer and year-round employment opportunities to low-income youth; and (2) award $1,500,000,000 in allotments and competitive grants in accordance with section 4 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 young adults and low-income youth to provide the skills and assistance needed to obtain employment. (d) Period of availability The amounts appropriated under this Act shall be available for obligation by the Secretary of Labor, and shall be available for expenditure by grantees (including subgrantees), until expended. 3. Summer employment and year-round employment opportunities for low-income youth (a) In general From the funds available under section 2(c)(1), the Secretary of Labor shall make an allotment under subsection (c) to each State that has a modification to a State plan approved under section 112 of the Workforce Investment Act of 1998 (29 U.S.C. 2822) (referred to in this section as a State plan modification ) (or other State request for funds specified in guidance under subsection (b)) approved under subsection (d) and recipient under section 166(c) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2911(c) ) (referred to in this section as a Native American grantee ) 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. (2) Procedures Such guidance shall, consistent with this section, include procedures for— (A) the submission and approval of State plan modifications, for such other forms of requests for funds by the State as may be identified in such guidance, for modifications to local plans approved under section 118 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2833 ) (referred to individually in this section as a local plan modification ), or for such other forms of requests for funds by local areas as may be identified in such guidance, that promote the expeditious and effective implementation of the activities authorized under this section; and (B) the allotment and allocation of funds, including reallotment and reallocation of such funds, that promote such implementation. (3) 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 the provisions of subtitles B and E of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq., 2911 et seq.) relating to youth activities. (c) State allotments (1) In general Using the funds described in subsection (a), the Secretary of Labor shall allot to each State the total of the amounts assigned to the State under subparagraphs (A) and (B) of paragraph (2). (2) Assignments to States (A) Minimum amounts Using funds described in subsection (a), the Secretary of Labor shall assign to each State an amount equal to ½ of 1 percent of such funds. (B) Formula amounts The Secretary of Labor shall assign the remainder of the funds described in subsection (a) among the States by assigning— (i) 33 1/3 percent on the basis of the relative number of individuals in the civilian labor force who are not younger than 16 but younger than 25 in each State, compared to the total number of individuals in the civilian labor force who are not younger than 16 but younger than 25 in all States; (ii) 33 1/3 percent 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 (iii) 33 1/3 on the basis of the relative number of disadvantaged young adults and youth in each State, compared to the total number of disadvantaged young adults and youth in all States. (3) Reallotment If the Governor of a State does not submit a State plan modification or other State request for funds specified in guidance under subsection (b) by the date specified in subsection (d)(2)(A), 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 paragraph (2) shall be transferred within the Fund and added to the amounts available for competitive grants under sections 2(c)(2) and 4(b)(2). (4) Definitions For purposes of paragraph (2), the term disadvantaged young adult or youth means an individual who is not younger than 16 but is younger than 25 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— (A) the poverty line; or (B) 70 percent of the lower living standard income level. (d) State plan modification (1) In general For a State to be eligible to receive an allotment of funds under subsection (c), the Governor of the State shall submit to the Secretary of Labor a State plan modification, or other State request for funds specified in guidance under subsection (b), in such form and containing such information as the Secretary may require. At a minimum, such State 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 linkages to training and educational activities, consistent with subsection (f); (B) a description of the requirements the State will apply relating to the eligibility of low-income youth, consistent with section 2(4), for summer employment opportunities and year-round employment opportunities, which requirements 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 5(b); (D) a description of the timelines for implementation of the strategies and 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, relating to fiscal, performance, and other matters, as the Secretary may require and as the Secretary determines is necessary to effectively monitor the activities carried out under this section; (F) assurances that the State will ensure compliance with the requirements, restrictions, labor standards, and other provisions described in section 5(a); and (G) if a local board and chief elected official in the State will provide employment opportunities with the link to training and educational activities described in subsection (f)(2)(B), a description of how the training and educational activities will lead to the industry-recognized credential involved. (2) Submission and approval of State plan modification or request (A) Submission The Governor shall submit the State plan modification or other State request for funds specified in guidance under subsection (b) to the Secretary of Labor not later than 30 days after the issuance of such guidance. (B) Process On the date on which the Governor submits a State plan modification or request under this section, the Secretary shall— (i) make available copies of a proposed State plan modification or request to the public through electronic and other means, such as public hearings and local news media; (ii) allow members of the public, including representatives of business, representatives of labor organizations, and representatives of education to submit to the Secretary comments on the State plan modification or request, not later than the end of the 90-day period beginning on the date on which the proposed state plan modification or request is made available; and (iii) include with the State plan modification or request submitted to the Governor under this section any such comments that represent disagreement with the plan. (C) Approval The Secretary of Labor shall approve the State plan modification or request submitted under subparagraph (A) within 90 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 that 90-day period, the plan or request shall be considered to be approved. If the plan or request is disapproved, the Secretary may provide a reasonable period of time in which the plan or request may be amended and resubmitted for approval. If the plan or request is approved, the Secretary shall allot funds to the State under subsection (c) within 30 days after such approval. (3) Modifications to State plan or request The Governor may submit further modifications to a State plan modification or other State request for funds specified under subsection (b), consistent 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 not more than 5 percent of the funds for administration and technical assistance; and (B) shall allocate the remainder of the funds among local areas within the State in accordance with clauses (i), (ii), and (iii) of subsection (c)(2)(B), except that for purposes of such allocation references to a State in subsection (c)(2)(B) shall be deemed to be references to a local area and references to all States shall be deemed to be references to all local areas in the State involved. (2) Local plan (A) Submission In order to receive an allocation under paragraph (1)(B), the local board, in partnership with the chief elected official for the local area involved, shall submit to the Governor a local plan modification, or such other request for funds by local areas as may be specified in guidance under subsection (b), not later than 30 days after the submission by the State of the State plan modification or other State request for funds specified in guidance under subsection (b), describing the strategies and activities to be carried out under this section. (B) Approval The Governor shall approve the local plan modification or other local request for funds submitted under subparagraph (A) within 30 days after submission, unless the Governor determines that the plan or request is inconsistent with requirements of this section. If the Governor has not made a determination within that 30-day period, the plan shall be considered to be approved. If the plan or request is disapproved, the Governor may provide a reasonable period of time in which the plan or request may be amended and resubmitted for approval. If the plan or request is approved, the Governor shall allocate funds to the local area within 30 days after such approval. (3) Reallocation If a local board and chief elected official do not submit a local plan modification (or other local request for funds specified in guidance under subsection (b)) by the date specified in paragraph (2), or the Governor disapproves a local plan, the amount the local area would have been eligible to receive pursuant to the formula under paragraph (1)(B) shall be allocated to local areas that receive approval of their local plan modifications or local requests for funds under paragraph (2). Each such local area shall receive a share of the total amount available for reallocation under this paragraph, in accordance with the area's share of the total amount allocated under paragraph (1)(B) to such local areas. (f) Use of funds (1) In general The funds made available under this section shall be used— (A) to provide summer employment opportunities for low-income youth, with direct linkages to academic and occupational learning, and may be used to provide supportive services, such as transportation or child care, that is necessary to enable the participation of such youth in the opportunities; 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 (29 U.S.C. 2854), to low-income youth. (2) Program priorities In administering the funds under this section, the local board and chief elected official shall give priority to— (A) identifying employment opportunities that are— (i) in emerging or in-demand occupations in the local area; or (ii) in the public or nonprofit sector and meet community needs; and (B) linking participants in year-round employment opportunities to training and educational activities that will provide such participants an industry-recognized certificate or credential (referred to in this Act as an industry-recognized credential ). (3) Administration Not more than 5 percent of the funds allocated to a local area under this section may be used for the costs of administration of this section. (4) Performance accountability For activities funded under this section, in lieu of meeting the requirements described in section 136 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2871 ), States and local areas shall provide such reports as the Secretary of Labor may require regarding the performance outcomes described in section 5(b)(5). 4. Work-based employment strategies and activities of demonstrated effectiveness (a) In general From the funds available under section 2(c)(2), the Secretary of Labor shall make allotments to States, and award grants to eligible entities, under subsection (b) to carry out work-based strategies and activities of demonstrated effectiveness. (b) Allotments and grants (1) Allotments to States for grants (A) Allotments Using funds described in subsection (a), the Secretary of Labor shall allot to each State an amount equal to ½ of 1 percent of such funds. (B) Grants to eligible entities The State shall use the funds to award grants, on a competitive basis, to eligible entities in the State. (2) Direct grants to eligible entities Using the funds described in subsection (a) that are not allotted under paragraph (1), the Secretary of Labor shall award grants on a competitive basis to eligible entities. (c) Eligible entity To be eligible to receive a grant under this section, an entity— (1) shall include— (A) a partnership involving a chief elected official and the local board for the local area involved (which may include a partnership with such elected officials and boards and State elected officials and State boards (as defined in section 101 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 )) in the region and in the State); or (B) an entity eligible to apply for a grant, contract, or agreement under section 166 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2911 ); and (2) may include, in combination with a partnership or entity described in paragraph (1)— (A) employers or employer associations; (B) adult education providers or postsecondary educational institutions, including community colleges; (C) community-based organizations; (D) joint labor-management committees; (E) work-related intermediaries; (F) training sponsored by a labor organization or employment upgrade programs; or (G) other appropriate organizations. (d) Application To be eligible to receive a grant under this section, an entity shall submit to the Secretary of Labor (or to the State, if applying for a grant under subsection (b)(1)(B)) 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 entity will carry out to provide unemployed, low-income young adults and low-income youth with 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 young adults and low-income youth, consistent with section 2, for activities carried out under this section, which requirements 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 will 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 through the grant will 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 eligible entity will report such information relating to fiscal, performance, and other matters, as the Secretary of Labor may require and as the Secretary determines is necessary to effectively monitor the activities carried out under this section; (9) provide assurances that the eligible entity will ensure compliance with the requirements, restrictions, labor standards, and other provisions described in section 5(a); and (10) if the entity will provide activities described in subsection (f)(4), a description of how the activities will lead to the industry-recognized credentials involved. (e) Priority in awards In awarding grants under this section, the Secretary of Labor (or a State, under subsection (b)(1)(B)) shall give 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 designated by the Bureau of the Census. (f) Use of funds An entity that receives a grant under this section shall use the funds made available through the grant to support work-based strategies and activities of demonstrated effectiveness that are designed to provide unemployed, low-income young adults and low-income youth with 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 for which 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 and that includes a significant work-experience component; (4) activities that lead to the acquisition of industry-recognized credentials in a field identified by the State or local area as a growth sector or in-demand industry in which there are likely to be significant job opportunities in the short-term; (5) activities that provide connections to immediate work opportunities, including subsidized employment opportunities, or summer employment opportunities for youth, that include concurrent skills training and other supports; (6) activities offered through career academies that provide students with the academic preparation and training, such as paid internships and concurrent enrollment in community colleges or other postsecondary institutions, needed to pursue a career pathway that leads to postsecondary credentials and in-demand jobs; and (7) adult basic education and integrated basic education and training for low-skilled individuals who are not younger than 16 but are younger than 25, hosted at community colleges or at other sites, to prepare individuals for jobs that are in demand in a local area. (g) Coordination of Federal administration The Secretary of Labor shall administer this section in coordination with the Secretary of Education, the Secretary of Health and Human Services, and other appropriate agency heads, to ensure the effective implementation of this section. 5. General requirements (a) Labor standards and protections Activities provided with funds made available 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 ( 29 U.S.C. 2931 ) and the nondiscrimination provisions of section 188 of such Act ( 29 U.S.C. 2938 ), in addition to other applicable Federal laws. (b) Reporting The Secretary of Labor 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, recipients of grants (including recipients of subgrants) under this Act shall provide information relating to— (1) the number of 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 this 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 for individuals participating in activities under this Act, including— (A) for low-income youth participating in summer employment activities under sections 3 and 4, performance on indicators consisting of— (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; (B) for low-income youth participating in year-round employment activities under section 3 or in activities under section 4, performance on indicators consisting of— (i) placement in or return to postsecondary education; (ii) attainment of a secondary school diploma or its recognized equivalent; (iii) attainment of an industry-recognized credential; and (iv) entry into, retention in, and earnings in, unsubsidized employment; and (C) for unemployed, low-income young adults participating in activities under section 4, performance on indicators consisting of— (i) entry into, retention in, and earnings in, unsubsidized employment; and (ii) attainment of an industry-recognized credential. (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 Congress and make available to the public the information reported pursuant to subsection (b). 6. Definitions In this Act: (1) Chief elected official The term chief elected official means the chief elected executive officer of a unit of local government in a local area or in the case in which such an area includes 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 (29 U.S.C. 2832(c)(1)(B)). (2) Local area The term local area means an area designated under section 116 of the Workforce Investment Act of 1998 (29 U.S.C. 2831). (3) Local board The term local board means a board established under section 117 of the Workforce Investment Act of 1998 (29 U.S.C. 2832). (4) Low-income youth The term low-income youth means an individual who— (A) is not younger than 16 but is younger than 25; (B) meets the definition of a low-income individual provided in section 101(25) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801(25) ), except that— (i) States and local areas, subject to approval in the applicable State plans and local plans, 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 section 3; and (ii) eligible entities described in section 4(c), subject to approval in the applicable applications for funds, may make such an increase for purposes of determining eligibility for participation in activities under section 4; and (C) is in one or more of the categories specified in section 101(13)(C) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801(13)(C) ). (5) Poverty line The term poverty line means a poverty line as defined in section 673 of the Community Services Block Grant Act (42 U.S.C. 9902), applicable to a family of the size involved. (6) Registered apprenticeship program The term registered apprenticeship program means an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq. ). (7) State The term State means each of the several States of the United States, and the District of Columbia. (8) Unemployed, low-income young adult The term unemployed, low-income young adult means an individual who— (A) is not younger than 18 but is younger than 35; (B) is without employment and is seeking assistance under this Act to obtain employment; and (C) meets the definition of a low-income individual specified in section 101(25) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801(25) ), except that eligible entities described in section 4(c), subject to approval in the applicable 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 section 4. 7. Transition Amendments Effective July 1, 2015— (1) section 3 is amended— (A) in subsection (a)— (i) by striking section 112 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2822 ) and inserting (before July 1, 2016) section 112 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2822 ) and (after June 30, 2016) section 102 or 103 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3112 , 3113) ; and (ii) by striking section 166(c) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2911(c) ) and inserting section 166(c) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3221(c) ) ; (B) in subsection (b)— (i) in paragraph (2)(A), by striking section 118 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2833 ) and inserting (before July 1, 2016) section 118 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2833 ) and (after June 30, 2016) section 108 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3123 ) ; and (ii) in paragraph (3), by striking subtitles B and E of title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2811 et seq. , 2911 et seq.) and inserting subtitles A, B, and E of title I of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111 et seq., 3151 et seq., 3241 et seq.) ; and (C) in subsection (f)— (i) by striking section 129 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2854 ) and inserting section 129 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3164 ) ; and (ii) by striking section 136 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2871 ) and inserting (before July 1, 2016) section 136 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2871 ) and (after June 30, 2016) section 116 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3141 ) ; (2) section 4(c)(1) is amended— (A) in subparagraph (A), by striking section 101 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 ) and inserting section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ) ; and (B) by striking section 166 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2911 ) and inserting section 166 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3221 ) ; (3) in section 5(a)— (A) by striking section 181 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2931 ) and inserting section 181 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3241 ) ; and (B) by striking section 188 of such Act ( 29 U.S.C. 2938 ) and inserting section 188 of such Act ( 29 U.S.C. 3248 ) ; and (4) in section 6— (A) in paragraph (1), by striking section 117(c)(1)(B) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2832(c)(1)(B) ) and inserting section 107(c)(1)(B) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3122(c)(1)(B) ) ; (B) in paragraph (2), by striking section 116 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2831 ) and inserting section 106 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3121 ) ; (C) in paragraph (3), by striking section 117 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2832 ) and inserting section 107 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3122 ) ; (D) in paragraph (4)— (i) in subparagraph (B), by striking section 101(25) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801(25) ) and inserting section 3(36) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102(36) ) ; and (ii) in subparagraph (C), by striking section 101(13)(C) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801(13)(C) ) and inserting subparagraph (B)(iii) or (C)(iv) of section 129(a)(1) of the Workforce Innovation and Opportunity Act ; and (E) in paragraph (8)(C), by striking section 101(25) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801(25) ) and inserting section 3(36) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102(36) ) .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5489ih/xml/BILLS-113hr5489ih.xml
|
113-hr-5490
|
I 113th CONGRESS 2d Session H. R. 5490 IN THE HOUSE OF REPRESENTATIVES September 16, 2014 Ms. DeLauro (for herself, Mr. Welch , and Mr. Courtney ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To require the Commodity Futures Trading Commission to impose fees and assessments to recover the cost of appropriations to the Commission.
1. Short title This Act may be cited as the Wall Street Accountability through Sustainable Funding Act . 2. Requirement that the Commodity Futures Trading Commission impose fees and assessments to recover the cost of appropriations to the Commission Section 12 of the Commodity Exchange Act ( 7 U.S.C. 16 ) is amended by adding at the end the following: (i) Recovery of costs of annual appropriations (1) Imposition of fees (A) In general Except as provided in subparagraph (C), the Commission shall, by order, impose a fee on each agreement, contract, or transaction that is a contract of sale of a commodity for future delivery, an option, or a swap, including an agreement, contract, or transaction transacted through the use of a foreign terminal, so that the total of the fees so imposed during each fiscal year is sufficient to recover the costs to the Government of the annual appropriation to the Commission by Congress for the fiscal year. (B) Foreign terminal In subparagraph (A), the term foreign terminal means a technology, software, or device, which is located in the United States and used to execute an agreement, contract, or transaction on a foreign board of trade, or which is located outside of the United States and used to execute an agreement, contract, or transaction within the United States on a domestic board of trade. (C) Exemptions The Commission, by rule, may exempt any such agreement, contract, or transaction from any fee imposed under this paragraph, if the Commission finds that the exemption is consistent with— (i) the public interest; (ii) the equal treatment of contract markets, derivatives clearing organizations, and market participants; and (iii) the operation of a nationwide market system. (D) Limitation The fees imposed under this paragraph on all transactions of the same kind shall be determined in a uniform manner. (E) Mid-year adjustment (i) In general By March 1 of each fiscal year, the Commission shall determine whether, based on the fees collected under this subsection during the first 5 months of the fiscal year, the total of the amounts collected and to be collected under this subsection for the fiscal year is reasonably likely to be 10 percent (or more) greater or less than the costs described in subparagraph (A) for the fiscal year. If the Commission so determines, the Commission shall by order, no later than March 1 of the fiscal year, adjust the fee rates otherwise applicable under this paragraph for the fiscal year so that the total of the amounts so collected and to be collected is reasonably likely to equal to the costs so described. (ii) Effective date Subject to paragraphs (2)(C) and (4), an adjusted rate prescribed under clause (i) of this subparagraph in a fiscal year shall take effect on the later of— (I) the 1st day of the fiscal year to which the rate applies; or (II) 60 days after the date on which a regular appropriation to the Commission for the fiscal year is enacted. (F) Publication The Commission shall publish in the Federal Register notices of the fee rates applicable under this paragraph for a fiscal year not later than 30 days after the date on which a regular appropriation to the Commission for the fiscal year is enacted, together with any estimates or projections on which the fee rates are based. (G) Inapplicability of rulemaking requirements In exercising its authority under this paragraph, the Commission shall not be required to comply with section 553 of title 5, United States Code. (H) No judicial review A fee rate prescribed under this paragraph and published in accordance with subparagraph (F) shall not be subject to judicial review. (2) Payment and collection of fees (A) Cleared transactions; uncleared swaps reported to swap data repositories (i) Payment of fees (I) Cleared transactions In the case of a contract of sale of a commodity for future delivery, an option, or a swap that is cleared by a derivatives clearing organization registered or exempt from registration under this Act, each party to the agreement, contract, or transaction shall pay the fee determined under paragraph (1) to the derivatives clearing organization. (II) Uncleared swaps reported to swap data repositories In the case of a swap that is not cleared by a derivatives clearing organization registered or exempt from registration under this Act and that is accepted by a swap data repository registered under section 21, each party to the swap shall pay the transaction fee determined under paragraph (1) to the swap data repository. (ii) Collection of fees The Commission shall collect the fees paid in accordance with clause (i) in such manner and within such time as the Commission deems appropriate, except that if the Commission has not collected a fee paid in accordance with clause (i) within 30 days after receipt by the derivatives clearing organization or swap data repository, as the case may be, the organization or repository, as the case may be, shall transmit the fee to the Commission. (B) Uncleared swaps reported to commission In the case of a swap that is not cleared by a derivatives clearing organization registered or exempt from registration under this Act and that is reported to the Commission pursuant to section 4r, each party to the swap shall pay the fee determined under paragraph (1) to the Commission in a manner and within such time as the Commission deems appropriate. (C) Subject to appropriations Except as provided in paragraph (4), a fee shall not be collected under this subsection for a fiscal year, except to the extent provided in advance in appropriation Acts. (3) Deposit of fees (A) Offsetting collections A fee collected under paragraph (2) for a fiscal year shall be deposited and credited as offsetting collections to the account providing appropriations to the Commission. (B) General revenues prohibited A fee collected under paragraph (2) for a fiscal year shall not be deposited and credited as general revenue of the Treasury. (4) Lapse of appropriation If on the first day of a fiscal year a regular appropriation to the Commission has not been enacted, the Commission shall continue to collect (as offsetting collections) the fees imposed under paragraph (1) at the rate in effect during the preceding fiscal year, until 60 days after the date such a regular appropriation is enacted. (j) Commodity Futures Trading Commission reserve fund (1) Establishment There is established in the Treasury of the United States a separate fund, to be known as the Commodity Futures Trading Commission Reserve Fund (referred to in this subsection as the Reserve Fund ). (2) Imposition of fees The Commission shall impose and collect an additional fee, as provided in subsection (i), except that the total amount of the fees imposed and collected in each fiscal year shall not exceed an amount equal to the amount (if any) by which $50,000,000 exceeds the balance in the Reserve Fund as of the end of the preceding fiscal year, and paragraphs (2)(C) and (4) of subsection (i) shall not apply with respect to this subsection. (3) Deposits into reserve fund (A) In general Except as provided in this paragraph, all fees collected under this paragraph shall be deposited into the Reserve Fund. (B) Limitation The balance in the Reserve Fund shall not exceed $50,000,000. (4) Use of funds The Commission may obligate amounts in the Reserve Fund, not to exceed a total of $50,000,000 in any 1 fiscal year, as the Commission determines is necessary to make long-term investments in information technology for use by the Commission and to cover unexpected expenses of the Commission (as determined by the Commission). Not later than 10 days after the date on which the Commission obligates amounts under this paragraph, the Commission shall notify the Congress of the date, amount, and purpose of the obligation. (5) Availability of funds Amounts in the Reserve Fund shall remain available until expended. (6) Rule of construction Amounts in the Reserve Fund shall not be construed to be Government funds or appropriated monies and shall not be subject to apportionment for the purpose of chapter 15 of title 31, United States Code, or under any other authority. .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5490ih/xml/BILLS-113hr5490ih.xml
|
113-hr-5491
|
I 113th CONGRESS 2d Session H. R. 5491 IN THE HOUSE OF REPRESENTATIVES September 16, 2014 Mr. Engel introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To establish United States embassies with consular services in the five countries in the Caribbean with which the United States has diplomatic relations but no permanent diplomatic presence: Antigua and Barbuda, Dominica, St. Kitts and Nevis, St. Lucia, and St. Vincent and the Grenadines.
1. Short title This Act may be cited as the United States-Caribbean Partnership Act of 2014 . 2. Definition In this Act, the term appropriate congressional committees means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. 3. Findings Congress finds the following: (1) While often overlooked, the countries of the Caribbean are important United States partners. (2) United States-Caribbean cooperation on commerce, security, and energy must be deepened. (3) The countries of the Caribbean are key voting members of the Organization of American States. (4) There are five countries in the Caribbean with which the United States has diplomatic relations, but within which the United States does not have a permanent diplomatic presence. Those countries are Antigua and Barbuda, Dominica, St. Kitts and Nevis, St. Lucia, and St. Vincent and the Grenadines. (5) Diplomatic relations with these five countries are conducted through the United States Embassy in Bridgetown, Barbados. (6) Due to the lack of presence of United States diplomats in these five countries, citizens of these five countries are required to travel to Barbados for all consular services. (7) Due to the lack of presence of United States diplomats in these five countries, in order to meet with local officials, civil society representatives, private sector leaders, United States citizens or others, embassy officials must fly from Barbados to these countries on what are often expensive, sometimes infrequent flights and remain overnight in what are often expensive hotel rooms. (8) Due to the lack of presence of United States diplomats in these five countries, United States citizens living in and visiting these five countries do not have full consular services, and in the event of a consular emergency, air traffic could be shut off to any of these islands, in effect stranding United States citizens without full in-country consular services. (9) Due to the lack of presence of United States diplomats in these five countries, key events, meetings, ceremonies, and other opportunities are often not attended by United States officials as they are in other countries where there is a permanent diplomatic presence. (10) Due to the lack of presence of United States diplomats in these five countries, it is more difficult for United States diplomats to establish close working relationships with local officials, civil society representatives, and others. (11) Due to the lack of presence of United States diplomats in these five countries, United States official diplomatic interaction with these countries, including delivery of demarches and other diplomatic messages, which the Secretary of State sometimes requires embassy officials to personally deliver, particularly if of a confidential nature, is often relegated to telephone, facsimile, or email, dramatically reducing the ability of the United States to engage host governments in substantive dialogue. (12) Due to the lack of presence of United States diplomats in these five countries, it is more difficult for the United States to conduct public diplomacy in these five countries. 4. Establishment of United States embassies with consular services in Antigua and Barbuda, Dominica, St. Kitts and Nevis, St. Lucia, and St. Vincent and the Grenadines Not later than five years after the date of the enactment of this Act, the Secretary of State shall establish United States embassies with consular services in Antigua and Barbuda, Dominica, St. Kitts and Nevis, St. Lucia, and St. Vincent and the Grenadines to— (1) provide consular services to citizens of these countries and United States citizens living in or traveling to these countries; and (2) engage in direct diplomacy with appropriate government counterparts in these countries. 5. Report Not later than one year after the date of the enactment of this Act and annually thereafter until the requirements under section 4 have been satisfied, the Secretary of State shall submit to the appropriate congressional committees a report on the progress made toward carrying out such section. 6. Exception for delay The Secretary of State may delay for up to one year the carrying out of section 4 if the Secretary determines that more time is needed to carry out such section and submits to the appropriate congressional committees a report explaining the reason for such delay. 7. Limitation on additional funding To carry out this Act, the Secretary of State may use only amounts that are available from the Embassy Security, Construction, and Maintenance account and the Diplomatic and Consular Programs account of the Department of State for such purpose.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5491ih/xml/BILLS-113hr5491ih.xml
|
113-hr-5492
|
I 113th CONGRESS 2d Session H. R. 5492 IN THE HOUSE OF REPRESENTATIVES September 16, 2014 Mr. Issa (for himself, Mr. Cummings , and Mr. Meadows ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend the Inspector General Act of 1978 to strengthen the independence of the Inspectors General, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Inspector General Empowerment Act of 2014 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Additional authority provisions for Inspectors General. Sec. 3. Clarification of resources available to the Council of the Inspectors General on Integrity and Efficiency. Sec. 4. Additional responsibilities of the Council of the Inspectors General on Integrity and Efficiency. Sec. 5. Paperwork Reduction Act exemption. Sec. 6. Amendments to the Inspector General Act of 1978 and the Inspector General Reform Act of 2008 . Sec. 7. Reports required. 2. Additional authority provisions for Inspectors General (a) Subpoena authority for Inspectors General To require testimony of certain persons The Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) by inserting after section 6 the following new section: 6A. Additional authority (a) Testimonial subpoena authority In addition to the authority otherwise provided by this Act and in accordance with the requirements of this section, each Inspector General, in carrying out the provisions of this Act, is authorized to require by subpoena the attendance and testimony of certain witnesses, including a contractor with the Federal Government and any former Federal employee (but not including any Federal employee), necessary in the performance of the functions assigned by this Act, which subpoena, in the case of contumacy or refusal to obey, shall be enforceable by order of any appropriate United States district court. (b) Panel review before issuance (1) Approval required Before the issuance of a subpoena described in subsection (a), an Inspector General shall submit a request for approval to issue a subpoena by a majority of a panel (in this section, referred to as the Subpoena Panel ), which shall be comprised of each Chair (or a designee of such chair) of the Audit, Inspections, and Evaluation Committees of the Council of the Inspectors General on Integrity and Efficiency. (2) Time to respond (A) In general Except as provided in subparagraph (B), the Subpoena Panel shall approve or deny a request for approval to issue a subpoena not later than 10 days after the submission of such request. (B) Additional information for Panel If the Subpoena Panel determines that additional information is necessary to approve or deny such request, the Subpoena Panel shall request such information and shall approve or deny such request not later than 20 days after the submission of such request. (3) Denial by panel If a majority of the Subpoena Panel denies the approval of a subpoena, that subpoena may not be issued. (c) Notice to Attorney General (1) In general If the Subpoena Panel approves a subpoena under subsection (b), the Inspector General shall notify the Attorney General that the Inspector General intends to issue the subpoena. (2) Denial for interference with an ongoing investigation Not later than 10 days after the date on which the Attorney General is notified pursuant to paragraph (1), the Attorney General may object to the issuance of the subpoena because the subpoena will interfere with an ongoing investigation and the subpoena may not be issued. (3) Issuance of subpoena approved If the Attorney General does not object to the issuance of the subpoena during the ten-day period described in paragraph (2), the Inspector General may issue the subpoena. ; and (2) in section 5(a)— (A) in paragraph (15), by striking ; and and inserting a semicolon; (B) in paragraph (16), by striking the period at the end and inserting ; and ; and (C) by inserting at the end the following new paragraph: (17) a description of the use of subpoenas for the attendance and testimony of certain witnesses authorized under section 6A. . (b) Matching program exception for inspectors general Section 6(a) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in paragraph (8), by striking ; and and inserting a semicolon; (2) by redesignating paragraph (9) as paragraph (10); and (3) by inserting after paragraph (8) the following new paragraph: (9) notwithstanding paragraph (12) of subsection (e) and subsections (o), (p), (q), (r), and (u) of section 552a of title 5, United States Code, to compare, through a matching program (as defined in such section), any Federal records with other Federal or non-Federal records, while conducting an audit, investigation, inspection, evaluation, or other review authorized under this Act to identify weaknesses that may lead to waste, fraud, or abuse and to detect improper payments and fraud; and . 3. Clarification of resources available to the Council of the Inspectors General on Integrity and Efficiency Section 11 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following new subsection: (e) Authorization of Appropriations for Council For the purposes of carrying out this section, there are authorized to be appropriated into the revolving fund described in subsection (c)(3)(B), out of any money in the Treasury not otherwise appropriated, the following sums: (1) $8,000,000 for fiscal year 2015. (2) $8,500,000 for fiscal year 2016. (3) $9,000,000 for fiscal year 2017. (4) $9,500,000 for fiscal year 2018. (5) $10,000,000 for fiscal year 2019. (6) $10,500,000 for fiscal year 2020. (7) $11,000,000 for fiscal year 2021. . 4. Additional responsibilities of the Council of the Inspectors General on Integrity and Efficiency (a) Functions and duties of Council Section 11(c)(1) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in subparagraph (G), by striking ; and and inserting a semicolon; (2) by redesignating subparagraph (H) as subparagraph (I); and (3) by inserting after subparagraph (G) the following new subparagraph: (H) receive, review, and mediate any disputes submitted in writing to the Council by an Office of Inspector General regarding an audit, investigation, inspection, evaluation, or project that involves the jurisdiction of more than one Federal agency or entity; and . (b) Integrity Committee Section 11(d) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in paragraph (5)— (A) in subparagraph (B), by striking ; and and inserting a semicolon; (B) in subparagraph (C), by striking the period at the end and inserting ; and ; and (C) by inserting at the end the following new subparagraph: (D) not later than 60 days after the date on which an allegation of wrongdoing is received by the Integrity Committee, make a determination whether the Integrity Committee will initiate an investigation of such allegation under this subsection. ; (2) in paragraph (6)(B)(i), by striking may and inserting shall ; and (3) in paragraph (7)— (A) in subparagraph (B)(i)— (i) in subclause (III), by striking ; and and inserting a semicolon; (ii) in subclause (IV), by striking the period at the end and inserting a semicolon; and (iii) by inserting at the end the following new subclauses: (V) creating a regular rotation of Inspectors General assigned to investigate complaints through the Integrity Committee; and (VI) creating procedures to avoid conflicts of interest for Integrity Committee investigations. ; (B) by redesignating subparagraph (C) as subparagraph (E); and (C) by inserting after subparagraph (B) the following new subparagraphs: (C) Completion of investigation If a determination is made under paragraph (5) to initiate an investigation, the Integrity Committee— (i) shall complete the investigation not later than six months after the date on which the Integrity Committee made such determination; (ii) if the investigation cannot be completed within such six-month period, shall— (I) promptly notify the congressional committees listed in paragraph (8)(A)(iii); and (II) to the maximum extent practicable, complete the investigation not later than 3 months after the expiration of the six-month period; and (iii) if the investigation cannot be completed within such nine-month period, shall brief the congressional committees listed in paragraph (8)(A)(iii) every thirty days until the investigation is complete. (D) Concurrent investigation If an investigation of an allegation of wrongdoing against an Inspector General or a staff member of an Office of Inspector General described under paragraph (4)(C) is initiated by a governmental entity other than the Integrity Committee, the Integrity Committee may conduct any related investigation for which a determination to initiate an investigation was made under paragraph (5) concurrently with the other government entity. . (c) Technical correction; designee authority Section 11 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in subsection (b)(1)(B) by striking Director of National Intelligence and inserting Intelligence Community ; and (2) in subsection (d)(2)— (A) in subparagraph (C), by inserting or the designee of the Special Counsel before the period at the end; and (B) in subparagraph (D), by inserting or the designee of the Director before the period at the end. 5. Paperwork Reduction Act exemption Section 3518(c) of title 44, United States Code, is amended— (1) in paragraph (1), by striking paragraph (2) and inserting paragraph (3) ; (2) by redesignating paragraph (2) as paragraph (3); and (3) by inserting after paragraph (1) the following new paragraph: (2) Notwithstanding paragraph (3), this subchapter shall not apply to the collection of information during the conduct of any evaluation, or other review conducted by the Recovery Accountability and Transparency Board, or during the conduct of any audit, investigation, inspection, evaluation, or any other review conducted by the Council of the Inspectors General on Integrity and Efficiency or any Office of Inspector General, including any Office of Special Inspector General. . 6. Amendments to the Inspector General Act of 1978 and the Inspector General Reform Act of 2008 (a) Incorporation of Provisions From the Inspector General Reform Act of 2008 into the Inspector General Act of 1978 (1) Amendment Section 11(d) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following new paragraph: (12) Allegations of wrongdoing against special counsel or deputy special counsel (A) Special counsel defined In this paragraph, the term Special Counsel means the Special Counsel appointed under section 1211(b) of title 5, United States Code. (B) Authority of integrity committee (i) In general An allegation of wrongdoing against the Special Counsel or the Deputy Special Counsel may be received, reviewed, and referred for investigation by the Integrity Committee to the same extent and in the same manner as in the case of an allegation against an Inspector General (or a member of the staff of an Office of Inspector General), subject to the requirement that the Special Counsel recuse himself or herself from the consideration of any allegation brought under this paragraph. (ii) Coordination with existing provisions of law This paragraph does not eliminate access to the Merit Systems Protection Board for review under section 7701 of title 5, United States Code. To the extent that an allegation brought under this subsection involves section 2302(b)(8) of that title, a failure to obtain corrective action within 120 days after the date on which that allegation is received by the Integrity Committee shall, for purposes of section 1221 of such title, be considered to satisfy section 1214(a)(3)(B) of that title. (C) Regulations The Integrity Committee may prescribe any rules or regulations necessary to carry out this paragraph, subject to such consultation or other requirements as might otherwise apply. . (2) Conforming amendment Section 7(b) of the Inspector General Reform Act of 2008 ( Public Law 110–409 ; 122 Stat. 4312; 5 U.S.C. 1211 note) is repealed. (b) Agency Applicability (1) Amendments The Inspector General Act of 1978 (5 U.S.C. App.), as amended by section 2(a), is further amended— (A) in section 8M— (i) in subsection (a)(1)— (I) by striking the first agency and inserting Federal agency and designated Federal entity ; and (II) by striking the second and third agency and inserting Federal agency or designated Federal entity ; and (ii) in subsection (b)— (I) in paragraph (1), by striking agency and inserting Federal agency and designated Federal entity ; and (II) in paragraph (2)— (aa) in subparagraph (A), by striking agency and inserting Federal agency and designated Federal entity ; and (bb) in subparagraph (B), by striking agency and inserting Federal agency and designated Federal entity ; and (B) in section 11(c)(3)(A)(ii), by striking department, agency, or entity of the executive branch and inserting Federal agency or designated Federal entity . (2) Implementation Not later than 180 days after the date of the enactment of this Act, the head and the Inspector General of each Federal agency and each designated Federal entity (as such terms are defined in sections 12 and 8G of the Inspector General Act of 1978 (5 U.S.C. App.), respectively) shall implement the amendments made by this subsection. (c) Requirements for Inspectors General Websites Section 8M(b)(1) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in subparagraph (A), by striking report or audit (or portion of any report or audit) and inserting audit report, inspection report, or evaluation report (or portion of any such report) ; and (2) by striking report or audit (or portion of that report or audit) and inserting report (or portion of that report) , each place it appears. (d) Corrections (1) Executive order number Section 7(c)(2) of the Inspector General Reform Act of 2008 ( Public Law 110–409 ; 122 Stat. 4313; 31 U.S.C. 501 note) is amended by striking 12933 and inserting 12993 . (2) Punctuation and cross-references The Inspector General Act of 1978 (5 U.S.C. App.), as amended by section 2(a) and subsection (b), is further amended— (A) in section 4(b)(2)— (i) by striking 8F(a)(2) and inserting 8G(a)(2) , each place it appears; and (ii) by striking 8F(a)(1) and inserting 8G(a)(1) ; (B) in section 6(a)(4), by striking information, as well as any tangible thing) and inserting information), as well as any tangible thing ; (C) in section 8G(g)(3), by striking 8C and inserting 8D ; and (D) in section 5(a)(13), by striking 05(b) and inserting 804(b) . (3) Spelling The Inspector General Act of 1978 (5 U.S.C. App.), as amended by section 2(a), subsection (b), and paragraph (2), is further amended— (A) in section 3(a), by striking subpena and inserting subpoena ; (B) in section 6(a)(4), by striking subpena and subpenas and inserting subpoena and subpoenas , respectively; (C) in section 8D(a)— (i) in paragraph (1), by striking subpenas and inserting subpoenas ; and (ii) in paragraph (2), by striking subpena and inserting subpoena , each place it appears; (D) in section 8E(a)— (i) in paragraph (1), by striking subpenas and inserting subpoenas ; and (ii) in paragraph (2), by striking subpena and inserting subpoena , each place it appears; and (E) in section 8G(d), by striking subpena and inserting subpoena . (e) Repeal Section 744 of the Financial Services and General Government Appropriations Act, 2009 (division D of Public Law 111–8 ; 123 Stat. 693; 5 U.S.C. App. 8L ) is repealed. 7. Reports required (a) Report on vacancies in the offices of inspector general (1) GAO study required The Comptroller General shall conduct a study of prolonged vacancies in the Offices of Inspector General, during which a temporary appointee has served as the head of the office that includes— (A) the number and duration of Inspector General vacancies; (B) an examination of the extent to which the number and duration of such vacancies has changed over time; (C) an evaluation of the impact such vacancies have had on the ability of the relevant Office of the Inspector General to effectively carry out statutory requirements; and (D) recommendations to minimize the duration of such vacancies. (2) Committee briefing required Not later than nine months after the date of the enactment of this Act, the Comptroller General shall present a briefing on the findings of the study described in subsection (a) to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. (3) Report to Congress Not later than fifteen months after the date of the enactment of this Act, the Comptroller General shall submit a report on the findings of the study described in subsection (a) to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. (b) Report on issues involving multiple offices of inspector general (1) Examination required The Council of the Inspectors General on Integrity and Efficiency shall conduct an analysis of critical issues that involve the jurisdiction of more than one individual Federal agency or entity to identify— (A) each such issue that could be better addressed through greater coordination among, and cooperation between, individual Offices of Inspector General; (B) the best practices that can be employed by the Offices of Inspector General to increase coordination and cooperation on each issue identified; and (C) any recommended statutory changes that would facilitate coordination and cooperation among Offices of Inspector General on critical issues. (2) Report to Congress Not later than one year after the date of the enactment of this Act, the Council of the Inspectors General on Integrity and Efficiency shall submit a report on the findings of the analysis described in subsection (a) to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5492ih/xml/BILLS-113hr5492ih.xml
|
113-hr-5493
|
I 113th CONGRESS 2d Session H. R. 5493 IN THE HOUSE OF REPRESENTATIVES September 16, 2014 Mr. Jolly introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend the Coast Guard Authorization Act of 1989 to expand the Coast Guard Junior Reserve Officers Training Program Pilot Program to include a Coast Guard unit at Pinellas Park High School in Pinellas Park, Florida, and for other purposes.
1. Expansion of Coast Guard Junior Reserve Officers Training Program Pilot Program (a) Inclusion of additional school Subsection (a) of section 204 of the Coast Guard Authorization Act of 1989 ( Public Law 101–225 ; 14 U.S.C. 92 note) is amended— (1) by striking in cooperation and inserting the following: (1) in cooperation ; (2) by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new paragraph: (2) in cooperation with the Pinellas County School District of Pinellas County, Florida, as part of Pinellas Park High School (hereinafter in this section referred to as the High School ). . (b) Conforming amendments Such section is further amended— (1) by inserting and the High School after Academy in subsections (b)(2), (c), and (d) (the first and third places Academy appears); and (2) by inserting or the High School, as the case may be after Academy in subsection (d) (the second place Academy appears).
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5493ih/xml/BILLS-113hr5493ih.xml
|
113-hr-5494
|
I 113th CONGRESS 2d Session H. R. 5494 IN THE HOUSE OF REPRESENTATIVES September 16, 2014 Ms. Lee of California (for herself and Mr. Honda ) 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 the work opportunity tax credit with respect to the hiring of veterans in the field of renewable energy.
1. Short title This Act may be cited as the Incentives for our Nation’s Veterans in Energy Sustainability Technologies or as the INVEST Act . 2. Work opportunity tax credit for veterans hired in the field of renewable energy (a) In general Section 51(d)(14) of the Internal Revenue Code of 1986 is amended to read as follows: (14) Certain veterans hired in the field of renewable energy (A) In general For purposes of this subpart, an individual shall be treated a member of a targeted group if such individual is a specified veteran, but qualified wages with respect to such individual shall include only wages attributable to services rendered in a field of renewable energy. (B) Specified veteran For purposes of this paragraph, the term specified veteran means any veteran (as defined in paragraph (3)) who is certified by the designated local agency as— (i) having received a credential or certification from the Department of Defense of military occupational specialty or skill in a field of renewable energy or with respect to advanced manufacturing, machinist or welding, or engineering, (ii) having completed a vocational degree in a field of renewable energy during the 1-year period ending on the hiring date, or (iii) having completed a LEED certification with the United States Green Building Council. (C) Renewable energy For purposes of this paragraph, renewable energy means resources that rely on fuel sources that restore themselves over short periods of time and do not diminish, including the sun, wind, moving water, organic plant and waste material, and the earth’s heat. . (b) Effective date The amendment made by this section shall apply to individuals who begin work for the employer after December 31, 2013.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5494ih/xml/BILLS-113hr5494ih.xml
|
113-hr-5495
|
I 113th CONGRESS 2d Session H. R. 5495 IN THE HOUSE OF REPRESENTATIVES September 16, 2014 Mrs. Carolyn B. Maloney of New York introduced the following bill; which was referred to the Committee on Financial Services A BILL To prohibit the Federal Housing Finance Agency from reducing or limiting the multifamily housing business of the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation.
1. Short title This Act may be cited as the Preserving Multifamily Housing Act of 2014 . 2. Prohibition on reducing or limiting multifamily housing business of GSEs Notwithstanding any other provision of law, the Director of the Federal Housing Finance Agency may not, acting in the Director’s supervisory or regulatory capacity under section 1311 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4511 ) or as conservator or receiver of an enterprise (as such term is defined in section 1303 of such Act (12 U.S.C. 4502)) pursuant to section 1367 of such Act ( 12 U.S.C. 4617 ), take any action that has the effect of reducing or limiting the volume or scope of the business of an enterprise in mortgages for multifamily housing unless— (1) the Director determines that there is substantial evidence that such action is necessary to ensure the financial safety and soundness of such enterprise; (2) causes such determination to be published in the Federal Register; and (3) submits written notice of such determination to the Congress.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5495ih/xml/BILLS-113hr5495ih.xml
|
113-hr-5496
|
I 113th CONGRESS 2d Session H. R. 5496 IN THE HOUSE OF REPRESENTATIVES September 16, 2014 Mr. McNerney (for himself, Mr. Nugent , Mr. Rooney , Mr. Costa , Mr. Cárdenas , Mr. Johnson of Georgia , and Mr. George Miller of California ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To require the holder of a subordinate lien on the property that secures a federally related mortgage loan, upon a request by the homeowner for a short sale, to make a timely decision whether to allow the sale.
1. Short title This Act may be cited as the Fast Help For Homeowners Act . 2. Requirement for prompt decision (a) In general Chapter 2 of the Truth in Lending Act ( 15 U.S.C. 1631 et seq. ) is amended by inserting before section 130 ( 15 U.S.C. 1640 ) the following new section: 129I. Prompt decisionmaking regarding short sale (a) In general Not later than the end of the 10-calendar-day period beginning on the date of receipt of a written request from a mortgagor of a federally related mortgage loan that meets the requirements of subsection (c), a servicer shall— (1) notify in writing each holder of a subordinate lien on the residential real property that secures such loan of such request; and (2) submit to each such holder a copy of such request. (b) Timely response to servicer notification required (1) In general (A) Timely response required Except as provided in subsection (d) and notwithstanding any other provision of law or of any contract, including a contract between a servicer of a federally related mortgage loan and a securitization vehicle or other investment vehicle, a holder of a subordinate lien that is notified by a servicer under subsection (a) shall respond in writing to such servicer not later than the end of the 45-calendar-day period beginning on the date of receipt of such notification. (B) Failure to respond If the holder of a subordinate lien that is notified by a servicer under subsection (a) does not respond within the 45-calendar-day period described in subparagraph (A), the request from a mortgagor described in subsection (a) shall be considered to have been approved by the such holder. (2) Content A written response by such holder under subsection (a) shall specify a decision on whether the request described in such subsection has been denied, approved, or that such request has been approved subject to specified changes. (c) Mortgagor submission Subsection (a) shall apply in any case in which the mortgagor of a federally related mortgage loan submits to the servicer thereof— (1) a written offer for a short sale of the dwelling or residential real property that is subject to a mortgage, deed of trust, or other security interest that secures the mortgage loan; and (2) all information required by the servicer in connection with such a request (including a copy of an executed contract between the owner of the dwelling or property and the prospective buyer that is subject to approval by the servicer). (d) Inapplicability to certain existing mortgages This section shall not apply to any federally related mortgage loan with respect to which the mortgagor and the mortgagee or servicer have entered into a written agreement before the date of the enactment of the Fast Help For Homeowners Act explicitly providing a procedure or terms for approval of a short sale. (e) Treatment of other time limits This section may not be construed to preempt, annul, or otherwise affect any other provision of law or of any contract or program that provides a shorter period than is provided under subsection (b) for a decision to be made by a holder of a subordinate lien described in subsection (a)(1) regarding a short sale. (f) Definitions For purposes of this section, the following definitions shall apply: (1) Federally related mortgage loan The term federally related mortgage loan has the same meaning as is given in section 3 of the Real Estate Settlement Procedures Act of 1974 ( 12 U.S.C. 2602 ). (2) Securitization vehicle The term securitization vehicle means a trust, special purpose entity, or other legal structure that is used to facilitate the issuing of securities, participation certificates, or similar instruments backed by or referring to a pool of assets that includes federally related mortgage loans (or instruments that are related to federally related mortgage loans, such as credit-linked notes). (3) Servicer The term servicer has the same meaning as in section 129A, except that such term includes a person who makes or holds a federally related mortgage loan (including a pool of federally related mortgage loans), if such person also services the loan. (4) Short sale The term short sale means the sale of the dwelling or residential real property that is subject to the mortgage, deed or trust, or other security interest that secures a federally related mortgage loan that— (A) will result in proceeds in an amount that is less than the remaining amount due under the mortgage loan; and (B) requires authorization by the securitization vehicle or other investment vehicle or holder of the mortgage loan, or the servicer acting on behalf of such a vehicle or holder. . (b) Applicability The amendment made by subsection (a) shall apply to any written request for a short sale made after the date of the enactment of this Act.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5496ih/xml/BILLS-113hr5496ih.xml
|
113-hr-5497
|
I 113th CONGRESS 2d Session H. R. 5497 IN THE HOUSE OF REPRESENTATIVES September 16, 2014 Mr. Peterson introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to modify and extend the election to expense the cost of qualified film, television, and theatrical productions.
1. Short title This Act may be cited as the Film Incentive Reform Act of 2014 . 2. Modification and extension of election to expense the cost of qualified film, television, and theatrical productions (a) Extension Section 181(f) of the Internal Revenue Code of 1986 is amended by striking December 31, 2013 and inserting December 31, 2015 . (b) Modification of qualified film, television and theatrical productions to which section applies (1) In general Section 181(d) of such Code is amended to read as follows: (d) Qualified film, television, or theatrical production For purposes of this section— (1) In general The term qualified film, television, or theatrical production means— (A) any film or television production if 100 percent of the total compensation of the film or television production is compensation for services performed in the United States, and (B) any theatrical production if 75 percent of the total compensation of the theatrical production is qualified compensation. (2) Film or television production (A) In general The term film or television production means property described in section 168(f)(3). (B) Special rule for television series In the case of a television series— (i) each episode of such series shall be treated as a separate production, and (ii) only the first 44 episodes of such series shall be taken into account. (3) Theatrical production (A) In general The term theatrical production means a live staged production of a play (with or without music) which is derived from a written book or script and is produced or presented in any venue which has an audience capacity of not more than 3,000 or a series of venues the majority of which have an audience capacity of not more than 3,000. (B) Touring companies In the case of multiple live staged productions for which an election under this section is made by the same taxpayer and which are— (i) separate phases of a production, or (ii) separate simultaneous stagings of the same production in different geographical locations (not including multiple performance locations of any one touring production), each such live staged production shall be treated as a separate production. (C) Phases For purposes of subparagraph (B), the term phase refers to each of the following (but only if the taxpayer treats each of the following as a separate activity for all purposes of this title): (i) The initial staging of the production. (ii) Subsequent additional stagings or tourings of the production which are produced by the same producer as the initial staging. (D) Qualified compensation (i) In general For purposes of paragraph (1)(B), the term qualified compensation means compensation for services performed in the United States by actors, directors, musicians, producers, and other production and post-production personnel. (ii) Participations and residuals excluded For purposes of paragraph (1)(B) and clause (i), the term compensation does not include participations and residuals (as defined in section 167(g)(7)(B)). (4) Exception The term qualified film, television, or theatrical production shall not include any production if records are required under section 2257 of title 18, United States Code, to be maintained with respect to any performer in such production. . (2) Conforming amendments (A) Subsections (a)(1), (a)(2)(A), (a)(2)(B), (b), and (c)(1) of section 181 of such Code are each amended by striking any qualified film or television production and inserting any qualified film, television, or theatrical production . (B) Section 181(f) of such Code is amended by striking qualified film and television productions and inserting any qualified film, television, or theatrical production . (C) The heading of section 181 is amended by striking qualified film and television productions and inserting qualified film, television, and theatrical productions . (D) The item relating to section 181 in the table of sections for part VI of subchapter B of chapter 1 of such Code is amended to read as follows: Sec. 181. Treatment of certain qualified film, television, and theatrical productions. . (c) Effective date The amendments made by this section shall apply to qualified film, television, and theatrical productions commencing after December 31, 2013.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5497ih/xml/BILLS-113hr5497ih.xml
|
113-hr-5498
|
I 113th CONGRESS 2d Session H. R. 5498 IN THE HOUSE OF REPRESENTATIVES September 16, 2014 Mr. Sarbanes introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To establish a demonstration program to facilitate physician reentry into clinical practice to provide primary health services.
1. Short title This Act may be cited as the Primary Care Physician Reentry Act . 2. Findings Congress finds as follows: (1) According to the Association of American Medical Colleges— (A) the shortage of primary care physicians will reach 45,000 by the year 2020, as fewer than 20 percent of medical students choose to enter primary care medicine; and (B) the overall shortage of physicians in the United States is expected to surpass 130,000 by 2025. (2) Medical schools in the United States train only approximately 16,000 new physicians every year. (3) The Department of Health and Human Services estimates that the United States needs at least 16,000 more primary care physicians. (4) According to a survey of 1,600 pediatricians over the age of 50 conducted by the Association of American Medical Colleges and the American Academy of Pediatrics, 22 percent of female pediatricians took extended leave (6 months or more) from medicine, compared to only 6.5 percent of male pediatricians. Seventy-one percent of the female pediatricians who took extended leave did so to care for a child or family member. 3. Reentry program for physicians (a) Activities of the Secretary (1) Establishment of demonstration program The Secretary of Health and Human Services (referred to in this section as the Secretary ) shall establish a demonstration program to assist the development of innovative programs that facilitate physician reentry into clinical practice to provide primary health services. Under such demonstration program, the Secretary shall— (A) award one grant, on a competitive basis, to an eligible entity described in subsection (b) in each of the 10 regions served by a regional office of the Department of Health and Human Services to carry out physician reentry projects to assist reentering physicians participating in such projects through any of the activities described in subsection (d); and (B) in consultation with key stakeholders and subject to paragraph (2)(B), carry out the administrative activities described in paragraph (2)(A). (2) Administrative activities (A) In general For purposes of paragraph (1)(B), the administrative activities described in this subparagraph are the following: (i) Conduct a national needs assessment with regard to the supply of physicians who provide primary health services, using, to the extent feasible, information collected for use in other similar completed or forthcoming studies, such as studies conducted by the Agency for Healthcare Research and Quality and the Health Resources and Services Administration. (ii) Develop a database that contains a directory of programs that help physicians reenter clinical practice. (iii) Disseminate evidence-based assessments and evaluation tools as such assessments and tools become available to measure the basic core competencies of physicians reentering clinical practice that are consistent with the guidelines published by the Federation of State Medical Boards for such physicians. (iv) Assist State regulatory authorities and hospital credentialing committees to structure requirements for physicians to return to clinical practice in a manner that ensures patient safety while addressing the burdens on such reentering physicians. (B) Limitation The Secretary shall use not more than 15 percent of the funds appropriated to carry out this section to carry out the activities described in subparagraph (A). (b) Eligible entities Entities eligible to receive a grant under this section are the following: (1) A State. (2) A hospital. (3) An academic medical center. (4) A medical school. (5) A health center (as defined in section 330(a) of the Public Health Service Act (42 U.S.C. 254b(a))). (6) A teaching health center. (7) A non-profit organization with a demonstrated history or expertise in providing physician education and with the ability to offer programs specifically targeted at reentering physicians. (c) Application In order to receive a grant under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (d) Uses of Funds An eligible entity that receives funds under this section shall use such funds to carry out a physician reentry project to assist reentering physicians participating in the project through any of the following activities: (1) Training such reentering physicians to reenter clinical practice. (2) Paying credentialing fees and other fees that are necessary for such reentering physicians to reenter clinical practice. (3) Paying the salaries of such reentering physicians who are so eligible to reenter clinical practice during the period for which such physicians provide primary health services at a center described in subsection (e)(1). (4) Providing loan repayment assistance and other financial assistance, including scholarships and grants for education and training, to such reentering physicians. (e) Requirements of reentry physicians To participate in projects To be eligible to participate in a physician reentry project carried out by an eligible entity under this section, a reentering physician shall provide assurances satisfactory to the Secretary that the physician will comply with the following: (1) Service locations The reentering physician shall provide primary health services at— (A) a health center (as defined in section 330(a) of the Public Health Service Act (42 U.S.C. 254b(a))); (B) a Veterans Administration Medical Center if the Secretary of Veterans Affairs certifies that there is a shortage of physicians at such medical center; or (C) a school-based health center (as defined in section 2110(c)(9) of the Social Security Act (42 U.S.C. 1397jj(c)(9))). (2) Length of service The reentering physician shall provide such services at such a center, consistent with paragraph (1), for not less than 2 years. (f) Liability protections For purposes of section 224 of the Public Health Service Act ( 42 U.S.C. 233 ), a reentering physician participating in a physician reentry project under this section shall be deemed to be an employee of the Public Health Service working within the scope of such employment with respect to primary health services provided by such reentering physician at a center described in subsection (e)(1) under the terms of such participation in such project. The remedy against the United States for a physician described in paragraph (2) who is deemed to be an employee of the Public Health Service pursuant to the previous sentence shall be exclusive of any other civil action or proceeding to the same extent as the remedy against the United States is exclusive pursuant to subsection (a) of such section. (g) Annual review and report For any year during which the demonstration program under this section is carried out, the Secretary shall conduct a review and comprehensive evaluation of such program and shall prepare and submit to Congress a report assessing such program, including an assessment of the performance of the reentering physicians who participate in physician reentry projects under such program. (h) Reentering physicians (1) Definition Subject to paragraph (2) , for purposes of this section, the term reentering physician means an individual— (A) who is a doctor of medicine; (B) who received training in primary care or primary health services, including family medicine, internal medicine, pediatrics, obstetrics and gynecology, dentistry, and mental health. (C) who was previously (and may currently be) legally authorized to practice medicine and surgery by a State; (D) who previously engaged in the clinical practice of medicine, but who is not currently engaged in the clinical practice of medicine and has not been engaged in such practice for a period of 2 years or such longer period determined to be sufficient by the Secretary; and (E) who provides assurances satisfactory to the Secretary and the respective State licensing board that the individual will return to clinical practice in the discipline in which such individual was trained or certified, including, if applicable, by regaining necessary training and certification for legal authorization to practice medicine and surgery by a State. (2) Exclusions For purposes of this section, the term reentering physician does not include an individual if— (A) such individual has failed to complete an obligation to provide health care services under a Federal, State, or local program (including any period of obligated service under subpart III of part D of title III of the Public Health Service Act (42 U.S.C. 254 l et seq.)); (B) a final adverse action regarding such individual has been reported to the data collection program under section 1128E of the Social Security Act ( 42 U.S.C. 1320a–7e ); or (C) the individual has a debt due to the United States. (i) Primary health services defined For purposes of this section, the term primary health services has the meaning given such term in section 331(a)(3) of the Public Health Service Act (42 U.S.C. 254d(a)(3)). (j) Authorization of appropriations There is authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2015.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5498ih/xml/BILLS-113hr5498ih.xml
|
113-hr-5499
|
I 113th CONGRESS 2d Session H. R. 5499 IN THE HOUSE OF REPRESENTATIVES September 16, 2014 Mr. Swalwell of California (for himself, Mr. Sherman , Mr. Cohen , and Mr. Cárdenas ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To prohibit contracts that prohibit consumers from making certain public comments on businesses.
1. Short title This Act may be cited as the Consumer Review Freedom Act of 2014 . 2. Protecting consumer speech (a) Prohibition A provision of a form contract is void from the inception of such contract if said provision— (1) prohibits or restricts the ability of a person who is a party to the form contract to engage in a covered communication; (2) imposes a penalty or fee against a person who is a party to the form contract for engaging in a covered communication; or (3) assigns or provides an exclusive license, or requires a person who is a party to the form contract to assign or provide an exclusive license, to any business, other person, or entity any intellectual property rights that such party to the form contract has or may have in a covered communication. (b) Rule of construction Nothing in subsection (a) shall be construed to affect— (1) any duty of confidentiality imposed by law (including agency guidance); or (2) any civil action for defamation, libel, or slander, or any similar cause of action. (c) Exceptions Subsection (a) shall not apply to the extent that a provision of a form contract prohibits disclosure of the following: (1) Trade secrets or commercial or financial information obtained from a person and privileged or confidential. (2) Personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. (3) Records or information compiled for law enforcement purposes, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. (d) Unlawful conduct It shall be unlawful for a business to offer or enter into a form contract containing a provision described as void in subsection (a). (e) Enforcement by Federal Trade Commission (1) Unfair or deceptive acts or practices A violation of subsection (d) shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ) regarding unfair or deceptive acts or practices. (2) Powers of commission The Federal Trade Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Any person who violates this section or a regulation promulgated under this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. (f) State enforcement The attorney general of a State may file an action to enforce subsection (d) seeking appropriate relief. In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of any person in a practice that violates any regulation of the Commission prescribed under this section, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction to seek appropriate relief. (g) Definitions (1) The term person means a natural person. (2) The term business means a legal entity organized to accomplish a business purpose, including either for-profit or not-for-profit. (3) The term form contract means a standardized contract used by a business and imposed on a party without a meaningful opportunity for said party to negotiate the standardized terms, but does not include a contract establishing an employer-employee or independent contractor relationship. (4) The term covered communication means a person’s written, verbal, or pictorial review, performance assessment of, or other similar analysis of, the products, services, or conduct of a business which is a party to the form contract. (5) The term written includes words provided by electronic means. (6) The term verbal includes speech provided by electronic means. (7) The term pictorial includes pictures, photographs, and video provided by electronic means. (h) Effective dates (1) Subsections (a), (b), (c), (d), and (g) shall apply to any contracts in effect on or after date of enactment. (2) Subsections (e) and (f) shall apply to any contracts in effect on or after one year after date of enactment. 3. Relation to State causes of action Nothing in this Act shall be construed to affect any cause of action brought by a person that exists or may exist under State law.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5499ih/xml/BILLS-113hr5499ih.xml
|
113-hr-5500
|
I 113th CONGRESS 2d Session H. R. 5500 IN THE HOUSE OF REPRESENTATIVES September 17, 2014 Mr. Fitzpatrick introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to protect employment and training services for veterans, and for other purposes.
1. Short title This Act may be cited as the Protect Veterans Employment and Training Services Act of 2014 . 2. Protection of employment and training services for veterans (a) Disabled veterans' outreach program Section 4103A of title 38, United States Code, is amended— (1) in subsection (a), by adding at the end the following new paragraphs: (4) If a disabled veterans' outreach program specialist is not able to assist all eligible veterans seeking his or her assistance under this chapter, the Secretary may establish an order of priority for the furnishing of such assistance that is consistent with paragraph (1) of this subsection and section 4102 of this title. (5) A disabled veterans' outreach program specialist may perform an initial intake and assessment of an individual under this chapter in order to— (A) determine whether the individual is a special disabled veteran, another disabled veteran, or another eligible veteran; (B) administer the order of priority set forth in paragraph (1) and any order of priority established under paragraph (4); and (C) assess the needs of the individual, including whether the individual needs intensive services. ; and (2) by adding at the end the following new subsection: (e) Limitation The Secretary may not impose any restriction on the duties that a disabled veterans’ outreach program specialist may perform or on the individuals whom a disabled veterans’ outreach program specialist may assist other than those specifically provided for in this chapter. . (b) Local veterans' employment representatives Section 4104 of title 38, United States Code, is amended— (1) in subsection (b)— (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (B) in the matter before subparagraph (A), as redesignated by subparagraph (A) of this paragraph, by inserting (1) before As principal duties ; (C) by adding at the end the following new paragraphs: (2) In addition to the principal duties required by paragraph (1), a local veterans' employment representative may furnish employment, training, and placement services directly to eligible veterans and eligible persons. (3) Each local veterans’ employment representative shall spend a majority of his or her time as a local veterans’ employment representative carrying out the principal duties set forth in subsection (b). ; and (D) in the heading, by striking Principal ; (2) by redesignating subsection (f) as subsection (g); and (3) by inserting after subsection (e) the following new subsection (f): (f) Limitation The Secretary may not impose any restriction on the duties that a local veterans’ employment representative may perform or on the individuals whom a local veterans’ employment representative may assist other than those specifically provided for in this chapter. .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5500ih/xml/BILLS-113hr5500ih.xml
|
113-hr-5501
|
I 113th CONGRESS 2d Session H. R. 5501 IN THE HOUSE OF REPRESENTATIVES September 17, 2014 Mr. Cummings (for himself, Ms. Waters , Mr. Veasey , Mr. Hastings of Florida , and Mr. Rangel ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To establish a grant program to enhance existing secondary education programs for the purpose of teaching high school students about the Constitution of the United States and the constitutions of the individual States.
1. Short title This Act may be cited as the Constitution and Citizenship Day Act of 2014 . 2. Constitution Day and civic responsibility system for students Part C of title II of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6601 et seq. ) is amended by adding at the end the following new subpart: 6 Teaching of the Constitution 2371. Establishment and operation of Constitution Day Grant Program (a) Grant program authorized The Secretary shall establish and implement a grant program, to be known as the Constitution Day Grant Program , under which the Secretary shall award grants on a competitive basis to local educational agencies and charter schools for the purposes of enhancing educational programs to teach students about the United States Constitution and the constitution of the State in which the grant recipient is located. (b) Grantee eligibility requirements Grants under this section may only be awarded to a local educational agency or charter school with established secondary educational programs to teach students about the United States Constitution and the constitution of the State in which the grant recipient is located. (c) Operation of educational programs An educational program funded by a grant under this section shall— (1) occur on Constitution Day, September 17, of each calender year (or on the Monday immediately following Constitution Day, if Constitution Day falls on a Saturday or a Sunday); (2) include assemblies, discussions, presentations, or events commemorating the Constitution of the United States and the constitution of the State in which the grant recipient is located; (3) include efforts to reinforce existing Constitutional curricula conducted by the grant recipient; and (4) make available to eligible students participating in such program the ability to register to vote. (d) Voter registration laws A grant recipient under this section shall abide by all applicable State and Federal voter registration laws. 2372. Grant application process (a) Secretary created process The Secretary shall develop an application process for the grant program under this subpart, consistent with the requirements of this section. (b) Grant application requirements An application for a grant under this subpart shall— (1) describe the educational activities to be funded by the grant; and (2) provide assurances that the requirements of section 2371(c) will be met, and any additional assurances that the Secretary determines to be necessary to ensure compliance with the requirements of this subpart. 2373. Authorization of appropriations There is authorized to be appropriated to the Secretary $4,000,000 for each of fiscal years 2015 through 2019 to carry out this subpart. .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5501ih/xml/BILLS-113hr5501ih.xml
|
113-hr-5502
|
I 113th CONGRESS 2d Session H. R. 5502 IN THE HOUSE OF REPRESENTATIVES September 17, 2014 Mr. Garrett (for himself, Mr. Walberg , and Mr. Cárdenas ) introduced the following bill; which was referred to the Committee on the Judiciary , 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 restore the integrity of the Fifth Amendment to the Constitution of the United States, and for other purposes.
1. Short title This Act may be cited as the Fifth Amendment Integrity Restoration Act of 2014 or the FAIR Act . 2. Civil forfeiture proceedings Section 983 of title 18, United States Code, is amended— (1) in subsection (c)— (A) in paragraph (1), by striking a preponderance of the evidence and inserting clear and convincing evidence ; (B) in paragraph (2), by striking a preponderance of the evidence and inserting clear and convincing evidence ; and (C) by striking paragraph (3) and inserting the following: (3) if the Government's theory of forfeiture is that the property used to commit or facilitate the commission of a criminal offense, or was involved in the commission of a criminal offense, the Government shall establish, by clear and convincing evidence, that— (A) there was a substantial connection between the property and the offense; and (B) the owner of any interest in the seized property— (i) intentionally used the property in connection with the offense; or (ii) knowingly consented or was willfully blind to the use of the property by another in connection with the offense. ; and (2) in subsection (d)(2)(A), by striking an owner who and all that follows through upon learning and inserting an owner who upon learning . 3. Disposition of forfeited property (a) Revisions to Controlled Substances Act Section 511(e) of the Controlled Substances Act ( 21 U.S.C. 881(e) ) is amended— (1) in paragraph (1), by striking civilly or ; (2) in paragraph (2)(B), by striking accordance with section 524(c) of title 28, and inserting the General Fund of the Treasury of the United States ; and (3) in paragraph (4)(B), by striking civilly or . (b) Revisions to title 18 Section 981(e) of title 18, United States Code, is amended— (1) by striking is authorized and all that follows through or forfeiture of the property; and inserting may forward to the Treasurer of the United States any proceeds of property forfeited pursuant to this section for deposit in the General Fund of the Treasury or transfer such property on such terms and conditions as such officer may determine— ; (2) by redesignating paragraphs (3), (4), (5), (6), and (7) as paragraphs (1), (2), (3), (4), and (5), respectively; and (3) in the matter following paragraph (5), as so redesignated— (A) by striking the first, second, and third sentences; and (B) by striking paragraphs (3), (4), and (5) and inserting paragraphs (1), (2), and (3) . 4. Department of Justice Assets Forfeiture Fund deposits Section 524(c)(4) of title 28, United States Code, is amended— (1) by striking subparagraphs (A) and (B); and (2) by redesignating subparagraphs (C) and (D) as subparagraphs (A) and (B), respectively. 5. Applicability The amendments made by this Act shall apply to— (1) any civil forfeiture proceeding pending on or filed on or after the date of enactment of this Act; and (2) any amounts received from the forfeiture of property on or after the date of enactment of this Act.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5502ih/xml/BILLS-113hr5502ih.xml
|
113-hr-5503
|
I 113th CONGRESS 2d Session H. R. 5503 IN THE HOUSE OF REPRESENTATIVES September 17, 2014 Mrs. Carolyn B. Maloney of New York (for herself, Mr. Nadler , Mr. King of New York , Mr. Maffei , Mr. Fitzpatrick , Mr. Rangel , Mr. Grimm , Mrs. Lowey , Mr. Meeks , Mr. Owens , Mrs. McCarthy of New York , Mr. Crowley , Mr. Serrano , Mr. Sean Patrick Maloney of New York , Mr. Israel , Ms. Velázquez , Mr. Higgins , Mr. Engel , Ms. Meng , Mr. Gibson , Mr. Bishop of New York , Mr. Tonko , Mr. Pallone , Mr. Pascrell , Mr. Neal , Ms. DeLauro , Mr. Holt , Mr. Grijalva , Ms. Jackson Lee , Mr. Sires , Ms. Schwartz , Ms. Norton , Ms. Shea-Porter , Mr. Larson of Connecticut , Mr. Courtney , Mr. Lynch , Ms. Lofgren , Mr. McGovern , Mr. Connolly , and Mr. Himes ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on the Budget 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 reauthorize the World Trade Center Health Program and the September 11th Victim Compensation Fund of 2001, and for other purposes.
1. Short title This Act may be cited as the James Zadroga 9/11 Health and Compensation Reauthorization Act . 2. Reauthorizing the World Trade Center Health Program (a) World Trade Center Health Program Fund Section 3351 of the Public Health Service Act ( 42 U.S.C. 300mm–61 ) is amended— (1) in subsection (a)— (A) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking 2012 and all that follows through 2011) and inserting 2015 through 2041 ; and (ii) by striking subparagraph (A) and inserting the following: (A) the Federal share, consisting of— (i) for fiscal year 2015, $431,000,000; and (ii) for each fiscal year thereafter through fiscal year 2041, the amount specified under this subparagraph for the previous fiscal year increased by the percentage increase in the medical care component of the consumer price index for all urban consumers as estimated by the Secretary for the 12-month period ending with March of the previous fiscal year; plus ; and (B) by striking paragraph (4) and inserting the following: (4) Amounts from prior fiscal years Amounts that were deposited, or identified for deposit, for any fiscal year preceding fiscal year 2015, under paragraph (2)(A)(ii)(I), as such paragraph was in effect on the day before the date of enactment of the James Zadroga 9/11 Health and Compensation Reauthorization Act , that were not expended in carrying out this title for any such fiscal year, shall remain deposited, or be deposited, as the case may be, into the Fund. (5) Amounts to remain available until expended Amounts deposited into the Fund under this subsection shall remain available until expended. ; (2) in subsection (b)(1), by striking sections 3302(a) and all that follows through 3342 and inserting sections 3301(e), 3301(f), 3302(a), 3302(b), 3303, 3304, 3305(a)(1), 3305(a)(2), 3305(c), 3341, and 3342 ; and (3) in subsection (c)— (A) in paragraph (1)(C), by striking consumer price index for all urban consumers (all items; United States city average) and inserting medical care component of the consumer price index for all urban consumers ; (B) in paragraph (2)— (i) in subparagraph (B), by striking and at the end; (ii) in subparagraph (C)— (I) by striking for each subsequent fiscal year and inserting for each of fiscal years 2013 through 2014 ; and (II) by striking the period and inserting a semicolon; and (iii) by adding at the end the following: (D) for fiscal year 2015, $200,000; and (E) for each subsequent fiscal year, the amount specified under this paragraph for the previous fiscal year increased by the percentage increase in the consumer price index for all urban consumers (all items; United States city average) as estimated by the Secretary for the 12-month period ending with March of the previous year. ; and (C) in paragraph (4)— (i) in subparagraph (B), by striking and at the end; (ii) in subparagraph (C)— (I) by striking for each subsequent fiscal year and inserting for each of fiscal years 2013 through 2016 ; and (II) by striking the period and inserting a semicolon; and (iii) by adding at the end the following: (D) for fiscal year 2017, $15,000,000; and (E) for each subsequent fiscal year, the amount specified under this paragraph for the previous fiscal year increased by the percentage increase in the consumer price index for all urban consumers (all items; United States city average) as estimated by the Secretary for the 12-month period ending with March of the previous year. . (b) Regulations Section 3301 of the Public Health Service Act ( 42 U.S.C. 300mm ) is amended by adding at the end the following: (i) Regulations The WTC Program Administrator is authorized to promulgate such regulations as the Administrator determines necessary to administer this title. . (c) Clinical centers of excellence and data centers Section 3305 of the Public Health Service Act ( 42 U.S.C. 300mm–4 ) is amended— (1) in subsection (a)— (A) in paragraph (1)(B), by inserting and retention after outreach ; and (B) in paragraph (2)(A)— (i) in clause (i), by inserting before the semicolon , including data on the evaluation of any new WTC-related health conditions identified under section 3304(a) ; and (ii) in clause (iii), by inserting and retention after outreach ; and (2) in subsection (b)(1)(B)(vi), by striking section 3304(c) and inserting section 3304(d) . (d) World Trade Center Responders Section 3311(a) of the Public Health Service Act ( 42 U.S.C. 300mm–21(a) ) is amended— (1) in paragraph (4)(B)(i)(II), by striking 2020 and inserting 2041 ; and (2) by striking paragraph (5). (e) World Trade Center Survivors Section 3321(a) of the Public Health Service Act ( 42 U.S.C. 300mm–31(a) ) is amended— (1) in paragraph (3)(B)(i)(II), by striking 2020 and inserting 2041 ; and (2) by striking paragraph (4). (f) Payment of claims Section 3331(d)(1)(B) of the Public Health Service Act ( 42 U.S.C. 300mm–41(d)(1)(B) ) is amended— (1) by striking 2015 and inserting 2040 ; and (2) by striking 2016 and inserting 2041 . (g) World Trade Center Health Registry Section 3342 of the Public Health Service Act ( 42 U.S.C. 300mm–52 ) is amended by striking April 20, 2009 and inserting September 7, 2014 . 3. Reauthorizing the September 11th Victim Compensation Fund of 2001 (a) Definitions Section 402(6) of the Air Transportation Safety and System Stabilization Act ( 49 U.S.C. 40101 note) is amended by striking , including under the World Trade Center Health Program established under section 3001 of the Public Health Service Act . (b) Purpose Section 403 of the Air Transportation Safety and System Stabilization Act ( 49 U.S.C. 40101 note) is amended— (1) by inserting full before compensation ; and (2) by inserting , or the rescue and recovery efforts during the immediate aftermath of such crashes before the period. (c) Timing requirements for filing a claim Section 405 of the Air Transportation Safety and System Stabilization Act ( 49 U.S.C. 40101 note) is amended— (1) in subsection (a)(3)(B)— (A) by striking section 407(b) and inserting section 407(b)(1) ; (B) by striking 5 years and inserting 30 years ; and (C) by inserting under section 407(b)(1) after which such regulations are updated ; and (2) in subsection (c)(3)— (A) in subparagraph (A)(iii), by striking section 407(a) and inserting section 407(b)(1) ; and (B) in subparagraph (C)(ii)(II), by striking section 407(b) and inserting section 407(b)(1) . (d) Payments to eligible individuals Section 406(d) of the Air Transportation Safety and System Stabilization Act ( 49 U.S.C. 40101 note) is amended— (1) in paragraph (1)— (A) by striking section 407(b) and inserting section 407(b)(1) ; and (B) by striking $2,775,000,000 and inserting such sums as may be necessary to carry out this Act ; and (2) in paragraph (2)— (A) in subparagraph (A), in the matter preceding clause (i), by striking shall ratably reduce the amount of compensation due claimants under this title in a manner and inserting may ratably reduce the amount of compensation due claimants under this title if necessary ; and (B) in subparagraph (B)— (i) in the matter preceding clause (i), by striking on or after the first day and all that follows through the difference between and inserting the Special Master, when amounts are available, shall pay to the claimant the amount that is equal to the difference between ; (ii) in clause (i)— (I) by striking during such period ; and (II) by striking applicable to such period and inserting applicable to the 5-year period described in such paragraph ; and (iii) in clause (ii), by striking during such period . (e) Regulations Section 407(b) of the Air Transportation Safety and System Stabilization Act ( 49 U.S.C. 40101 note) is amended— (1) by striking Not later than and inserting the following: (1) James Zadroga 9/11 Health and Compensation Act of 2010 Not later than ; and (2) by adding at the end the following: (2) James Zadroga 9/11 Health and Compensation Reauthorization Act Not later than 180 days after the date of enactment of the James Zadroga 9/11 Health and Compensation Reauthorization Act , the Special Master shall update the regulations promulgated under subsection (a) to the extent necessary to comply with the amendments made by such Act. . 4. Amendment to exempt programs (a) In general Section 255(g)(1)(B) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 905(g)(1)(B)) is amended by— (1) inserting after the item relating to Retirement Pay and Medical Benefits for Commissioned Officers, Public Health Service the following: September 11th Victim Compensation Fund (15–0340–0–1–754). ; and (2) inserting after the item relating to the Voluntary Separation Incentive Fund the following: World Trade Center Health Program Fund (75–0946–0–1–551). . (b) Applicability The amendments made by this section shall apply to any sequestration order issued under the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) on or after the date of enactment of this Act.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5503ih/xml/BILLS-113hr5503ih.xml
|
113-hr-5504
|
I 113th CONGRESS 2d Session H. R. 5504 IN THE HOUSE OF REPRESENTATIVES September 17, 2014 Mr. Reichert (for himself, Mr. McDermott , Mr. Schock , Mr. Kind , Mr. Tiberi , and Mr. Pascrell ) 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 improve and make permanent the above-the-line deduction for certain expenses of elementary and secondary school teachers.
1. Short title This Act may be cited as the Teacher Tax Relief Act of 2014 . 2. Deduction for certain expenses of school teachers (a) Deduction made permanent Subparagraph (D) of section 62(a)(2) of such Code is amended by striking In the case of taxable years beginning during 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, or 2013, the deductions and inserting The deductions . (b) Inflation adjustment Subsection (d) of section 62 of such Code is amended by adding at the end the following new paragraph: (3) Inflation adjustment In the case of any taxable year beginning after 2013, the $250 amount in subsection (a)(2)(D) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 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) Professional Development Expenses Subparagraph (D) of section 62(a)(2) of such Code is amended— (1) by striking educator in connection and all that follows and inserting educator— ; and (2) by inserting at the end the following: (i) by reason of the participation of the educator in professional development courses related to the curriculum in which the educator provides instruction or to the students for which the educator provides instruction, and (ii) in connection with books, supplies (other than nonathletic supplies for courses of instruction in health or physical education), computer equipment (including related software and services) and other equipment, and supplementary materials used by the eligible educator in the classroom. . (d) Eligible Educator Technical Amendment Subparagraph (A) of section 62(d)(1) of such Code is amended by inserting ending during the taxable year before the period. (e) Effective Date (1) In general The amendments made by subsections (a), (b), and (c) shall apply to taxable years beginning after December 31, 2013. (2) Technical amendment The amendment made by subsection (d) shall apply to taxable years beginning after December 31, 2001.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5504ih/xml/BILLS-113hr5504ih.xml
|
113-hr-5505
|
I 113th CONGRESS 2d Session H. R. 5505 IN THE HOUSE OF REPRESENTATIVES September 17, 2014 Mr. Olson (for himself, Mr. Latta , Mr. Shimkus , Mr. Weber of Texas , Mr. Cassidy , Mr. Flores , Mr. Smith of Texas , Mr. Hall , Mr. McClintock , Mr. Hultgren , Mr. Tipton , Mr. McKinley , Mr. Smith of Missouri , Mr. Jones , Mrs. Noem , Mrs. Lummis , Mr. Pompeo , Mr. Harper , Mr. Brady of Texas , Mr. Long , Mr. Johnson of Ohio , and Mr. Cuellar ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To improve the establishment of any lower ground-level ozone standards, and for other purposes.
1. Short title This Act may be cited as the Clean Air, Strong Economies Act . 2. Ground-level ozone standards Notwithstanding any other provision of law (including regulations), in promulgating a national primary or secondary ambient air quality standard for ozone, the Administrator of the Environmental Protection Agency— (1) shall not propose a national primary or secondary ambient air quality standard for ozone that is lower than the standard established under section 50.15 of title 40, Code of Federal Regulations (as in effect on January 1, 2014), until at least 85 percent of the counties that were nonattainment areas under that standard as of January 1, 2014, achieve full compliance with that standard; (2) shall only consider all or part of a county to be a nonattainment area under the standard on the basis of direct air quality monitoring; (3) shall take into consideration feasibility and cost; and (4) shall include in the regulatory impact analysis for the proposed and final rule at least 1 analysis that does not include any calculation of benefits resulting from reducing emissions of any pollutant other than ozone.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5505ih/xml/BILLS-113hr5505ih.xml
|
113-hr-5506
|
I 113th CONGRESS 2d Session H. R. 5506 IN THE HOUSE OF REPRESENTATIVES September 17, 2014 Mr. Huffman (for himself and Mr. Heck of Washington ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend title I of the National Housing Act to, for financing alterations, repairs, and improvements to, or conversion of, existing structures, modify premium charges and the dollar amount limitation on loans, including energy efficiency home improvements.
1. Short title This Act may be cited as the Home Improvement Loan Modernization Act of 2014 . 2. Modification to premium charges on financing certain alterations, repairs, and improvements to, or conversions of, existing structures Subsection (f) of section 2 of the National Housing Act ( 12 U.S.C. 1703(f) ) is amended— (1) in paragraph (2), by striking paragraph (1) and inserting paragraphs (1) and (3) ; and (2) by inserting at the end the following new paragraph: (3) Financing alterations, repairs, improvements, or conversions Notwithstanding paragraphs (1) and (2), in the case of a loan, advance of credit, or purchase in connection with insurance granted under subparagraph (A)(i) or subparagraph (B) of paragraph (1), the premium charge for such insurance shall be paid by the financial institution providing the loan or advance of credit, as follows: (A) At the time of the making of the loan, advance of credit, or purchase, a single premium payment in an amount not to exceed 2.75 percent of the amount of the original insured principal obligation. (B) In addition to the premium under subparagraph (A), annual premium payments during the term of the loan, advance, or obligation purchased in an amount not exceeding 1.5 percent of the remaining insured principal balance (excluding the portion of the remaining balance attributable to the premium collected under subparagraph (A) and without taking into account delinquent payments or prepayments). (C) Premium charges under this paragraph shall be established in amounts that are sufficient, but do not exceed the minimum amounts necessary (as determined based upon risk to the Federal Government under existing underwriting requirements) to maintain a negative credit subsidy for the program under this section for insurance of loans, advances of credit, or purchases in connection with— (i) financing alterations, repairs, and improvements for single-family structures; and (ii) financing alterations, repairs, improvements, or conversions of an existing structure used or to be used as an apartment house or a dwelling for two or more families. (D) The Secretary may increase the limitations on premium payments to percentages above those set forth in subparagraphs (A) and (B), but only if necessary, and not in excess of the minimum increase necessary, to maintain a negative credit subsidy as described in subparagraph (C). . 3. Modification to loan limitation for financing certain alterations, repairs, and improvements to, or conversions of, existing structures Subsection (b) of section 2 of the National Housing Act ( 12 U.S.C. 1703(b) ) is amended— (1) in paragraph (1)— (A) in subparagraph (A)(i), by striking $25,000 and inserting $42,000 ; (B) in subparagraph (B)— (i) by striking $60,000 and inserting $101,888 ; and (ii) by striking $12,000 and inserting $20,378 ; and (C) in the matter after and below subparagraph (G), by adding at the end the following: The Secretary shall, by notice, annually increase the dollar amount limitation in subparagraph (A)(i) and subparagraph (B) (as such limitations may have been previously adjusted under this sentence) in accordance with the index established pursuant to paragraph (12). ; and (2) by adding at the end the following new paragraph: (12) Annual indexing of loans for financing alterations, repairs, and improvements to, or conversions of, existing structures Not later than 1 year after the date of enactment of the Home Improvement Loan Modernization Act of 2014, the Secretary shall develop a method of indexing to annually increase the dollar amount limitations established in subparagraph (A)(i) and subparagraph (B) of paragraph (1). Such index shall be based on the Consumer Price Index for all urban consumers (CPI–U) computed by the Bureau of Labor Statistics. . 4. Modification to loan limitation for energy efficiency home improvements Subsection (b) of section 2 of the National Housing Act ( 12 U.S.C. 1703(b) ), as amended by section 2 of this Act, is further amended by adding at the end the following new paragraph: (13) The dollar amount limitations otherwise applicable under subparagraph (A)(i) and subparagraph (B) of paragraph (1) (as adjusted by paragraph (12)) may be increased up to 150 percent of such limitation if at least half of the amount will be used for energy conserving improvements or the installation of solar energy systems (as defined in the last paragraph of section 2(a) of this Act). .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5506ih/xml/BILLS-113hr5506ih.xml
|
113-hr-5507
|
I 113th CONGRESS 2d Session H. R. 5507 IN THE HOUSE OF REPRESENTATIVES September 17, 2014 Mr. Pascrell 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 provide for a study by the Institute of Medicine on health disparities, to direct the Secretary of Health and Human Services to develop guidelines on reducing health disparities, and for other purposes.
1. Short title This Act may be cited as the Reducing Disparities Using Care Models and Education Act of 2014 . 2. Findings The Congress finds as follows: (1) The infant death rate among African-Americans is more than double that of Whites. (2) The death rate for all cancers is 30 percent higher for African-Americans than for Whites; for prostate cancer, it is more than double that for Whites. (3) Black women have a higher death rate from breast cancer despite having a mammography screening rate that is nearly the same as the rate for White women. (4) Diabetes incidence is highest among Native Americans, at 15.9 percent, followed by 13.2 percent for African-Americans, 12.8 percent for Hispanics, 9.0 percent for Asians, and 7.6 percent for Whites. (5) New cases of hepatitis and tuberculosis are higher in Asians and Pacific Islanders living in the United States than in Whites. (6) Individuals in same-sex couples were more likely than individuals in different-sex couples to report a delay in getting necessary prescriptions. (7) Infants born to Black women are 1.5 to 3 times more likely to die than those born to women of other races or ethnicities, and American Indian and Alaska Native infants die from sudden infant death syndrome (SIDS) at nearly 2.5 times the rate of White infants. (8) Low-income children have higher rates of mortality (even with the same condition), have higher rates of disability, and are more likely to have multiple conditions. (9) White children are half as likely as Black and Latino children not to be in excellent or very good health. (10) As of 2012, 38.9 percent of United States adults were obese, with the highest rate among African-Americans at 47.9 percent, followed by Hispanics at 42.5 percent, Whites at 32.6 percent, and Asians at 10.8 percent. (11) The risk of stroke is twice as high for African-Americans as for Whites, and African-Americans are more likely to die of stroke. Other ethnic minorities also have higher risk than Whites. Overall, strokes are most prevalent in the Southeast United States, and less so in the Northeast. (12) African-Americans accounted for 44 percent of all those infected with HIV, despite being only 12 percent of the United States population. (13) Black men who have sex with men (MSM) ages 13 to 24 had the most new infections among youth. (14) One study found that among heterosexuals living in the same urban community, those below the poverty line were twice as likely to contract human immunodeficiency virus (HIV). (15) Persons with less than a high school diploma (6.7 percent) and high school graduates (4.0 percent) were more likely to report major depression than those with at least some college education (2.5 percent). (16) Only about 10 percent of physicians practice in rural America despite the fact that nearly one-fourth of the population lives in these areas. (17) Rural residents are less likely to have employer-provided health care coverage or prescription drug coverage, and the rural poor are less likely to be covered by Medicaid benefits than their urban counterparts. (18) Twenty percent of nonmetropolitan counties lack mental health services versus 5 percent of metropolitan counties. (19) Fifteen percent of persons with disabilities report not seeing a doctor due to cost in comparison to 6 percent of the general population. 3. Institute of Medicine study (a) In general Not later than 60 days after the date of the enactment of this Act, the Secretary shall enter into an arrangement with the Institute of Medicine under which the Institute agrees to study— (1) the extent of health disparities in the type and quality of preventive interventions, health services, and outcomes in the United States; (2) the factors that may contribute to inequities in such disparities; (3) existing programs and policies intended to reduce such disparities; (4) best practices and successful strategies in programs that aim to reduce such disparities; (5) priorities for successful intervention programs targeting such disparities; and (6) potential opportunities for expanding or replicating such programs. (b) Report The arrangement under subsection (a) shall provide for submission by the Institute of Medicine to the Secretary and Congress, not later than 20 months after the date of enactment of this Act, of a report on the results of the study. 4. Guidelines for development and implementation of Health Disparities Reduction Programs and Activities (a) Guidelines Not later than 90 days after the submission of the report described in section 3(b), and taking such report into consideration, the Secretary shall develop guidelines for entities to develop and implement programs and activities to reduce health disparities. (b) Use by HHS The Secretary shall, where appropriate, incorporate the use of the guidelines developed under subsection (a) into the programs and activities of the Department of Health and Human Services. (c) Grants for disparities reduction activities (1) In general The Secretary may award grants to entities for the development and implementation of programs and activities to reduce health disparities in accordance with the guidelines described in subparagraph (a). (2) Applications To seek a grant under this subsection, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (3) Minimum contents The Secretary shall require that an application for a grant under this subsection contains at a minimum— (A) a description of the population and public health concern the program will target and an outreach plan to ensure that the most in need populations will benefit; (B) a description of the strategies the entity will use— (i) to develop and implement its programs and activities in accordance with the guidelines developed under subsection (a); and (ii) to make the interventions sustainable; and (C) an agreement by the entities to periodically provide data with respect to— (i) the population served; (ii) improvements in reducing health disparities; and (iii) effectiveness of the interventions used. (d) Appropriations To carry out this section, there are authorized to be appropriated $5,000,000 for fiscal year 2016 and such sums as may be necessary for each of fiscal years 2017 through 2020. 5. Testing alternative payment and delivery models to reduce health disparities (a) In general The Secretary acting through the Centers for Medicare and Medicaid Innovation under section 1115A of the Social Security Act ( 42 U.S.C. 1315a ) shall provide for the testing of a payment and service delivery model that includes incentives for reducing health disparities consistent with the cost and quality criteria otherwise applicable to the testing of models under such section. (b) Documentation requirement for model testing In carrying out subsection (a), the Secretary shall require that an application to conduct such testing of such a model include at least— (1) documentation of at least one health disparity targeted for reduction; (2) a root-cause analysis of the health disparity targeted for reduction; (3) identification and selection of performance targets for such reduction; (4) a proposal to make payments in some way contingent on a reduction in health disparities; and (5) a reliable method for monitoring progress in achieving such a reduction. 6. Definitions In this Act: (1) The term health disparity means significant disparity in the overall rate of disease incidence, prevalence, morbidity, mortality, or survival rates in a population as compared to the health status of the general population. (2) The term intervention means an activity taken by an entity on behalf of individuals or populations to reduce health disparities. (3) The term Secretary means the Secretary of Health and Human Services.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5507ih/xml/BILLS-113hr5507ih.xml
|
113-hr-5508
|
I 113th CONGRESS 2d Session H. R. 5508 IN THE HOUSE OF REPRESENTATIVES September 17, 2014 Mr. Pocan (for himself, Mrs. Davis of California , and Mr. Moran ) 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 eliminate the marriage penalty in the dollar limitation on the student loan interest deduction.
1. Short title This Act may be cited as the Student Loan Interest Deduction Fairness Act . 2. Elimination of marriage penalty in dollar limitation on the student loan interest deduction (a) In general Section 221(b)(1) of the Internal Revenue Code of 1986 is amended by striking shall not exceed and all that follows and inserting shall not exceed $2,500 (twice such amount in the case of a joint return) . (b) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5508ih/xml/BILLS-113hr5508ih.xml
|
113-hr-5509
|
I 113th CONGRESS 2d Session H. R. 5509 IN THE HOUSE OF REPRESENTATIVES September 17, 2014 Mr. Braley of Iowa 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 increase and extend the American Opportunity Tax Credit and to increase the student loan interest deduction.
1. Short title This Act may be cited as the College Tuition and Debt Relief Act of 2014 . 2. American Opportunity Tax Credit increase and extension (a) Credit made permanent Section 25A(i) of the Internal Revenue Code of 1986 is amended by striking and before 2018 . (b) Increase in credit amount Paragraph (1) of section 25A(i) of the Internal Revenue Code of 1986 is amended— (1) in subparagraph (A) by striking $2,000 and inserting $2,500 , and (2) in subparagraph (B) by striking as exceeds $2,000 but does not exceed $4,000 and inserting as exceeds $2,500 but does not exceed $4,500 . (c) Adjustment for inflation Section 25A(i) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (7) Adjustments for inflation In the case of a taxable year beginning after December 31, 2015, each of the dollar amounts in subparagraph (A) and (B) of paragraph (1) and clause (ii) of paragraph (4)(A) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2014 for calendar year 1992 in subparagraph (B) thereof. If any amount as increased under the preceding sentence is not a multiple of $10, such amount shall be rounded to the nearest multiple of $10. . (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2014. 3. Student loan interest deduction increase (a) In general Paragraph (1) of section 221(b) of the Internal Revenue Code of 1986 is amended to read as follows: (1) In general Except as provided in paragraph (2), the deduction allowed by subsection (a) for the taxable year shall not exceed $5,000. . (b) Adjustment for inflation (1) In general Section 221(f) 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) Adjustment for inflation In the case of a taxable year beginning after December 31, 2015, the $5,000 dollar amount in paragraph (1) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2014 for calendar year 1992 in subparagraph (B) thereof. . (2) Conforming amendment Section 221(f)(3) of the Internal Revenue Code of 1986, as redesignated by paragraph (1), is amended to read as follows: (3) Rounding (A) Modified adjusted gross income thresholds If any amount as adjusted under paragraph (1) is not a multiple of $5,000, such amount shall be rounded to the next lowest multiple of $5,000. (B) Deduction limitation If any amount as increased under paragraph (2) is not a multiple of $10, such amount shall be rounded to the nearest multiple of $10. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2014.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5509ih/xml/BILLS-113hr5509ih.xml
|
113-hr-5510
|
I 113th CONGRESS 2d Session H. R. 5510 IN THE HOUSE OF REPRESENTATIVES September 17, 2014 Mr. Byrne introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Higher Education Act of 1965 to provide for more effective online education verification metrics.
1. Short title This Act may be cited as the Online Education Verification Act . 2. Requirement for secure login and passcode Section 496(a)(4)(B)(ii) of the Higher Education Act of 1965 ( 20 U.S.C. 1099b(a)(4)(B)(ii) ) is amended by inserting after processes the following: , in addition to requiring a secure login and passcode for coursework on the Internet, .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5510ih/xml/BILLS-113hr5510ih.xml
|
113-hr-5511
|
I 113th CONGRESS 2d Session H. R. 5511 IN THE HOUSE OF REPRESENTATIVES September 17, 2014 Mr. DeFazio introduced the following bill; which was referred to the Committee on Natural Resources A BILL To require that certain Federal lands be held in trust by the United States for the benefit of the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians, and for other purposes.
1. Short title This Act may be cited as the Oregon Coastal Lands Act . 2. Definitions In this Act: (1) Confederated tribes The term Confederated Tribes means the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians. (2) Oregon coastal land The term Oregon Coastal land means the approximately 14,408 acres of land, as generally depicted on the map entitled Oregon Coastal Land Conveyance and dated March 27, 2013. (3) Secretary The term Secretary means the Secretary of the Interior. 3. Conveyance (a) In general Subject to valid existing rights, including rights-of-way, all right, title, and interest of the United States in and to the Oregon Coastal land, including any improvements located on the land, appurtenances to the land, and minerals on or in the land, including oil and gas, shall be— (1) held in trust by the United States for the benefit of the Confederated Tribes; and (2) part of the reservation of the Confederated Tribes. (b) Survey Not later than one year after the date of enactment of this Act, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection (a). 4. Map and legal description (a) In general As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Oregon Coastal land with— (1) the Committee on Energy and Natural Resources of the Senate; and (2) the Committee on Natural Resources of the House of Representatives. (b) Force and effect The map and legal description filed under subsection (a) shall have the same force and effect as if included in this Act, except that the Secretary may correct any clerical or typographical errors in the map or legal description. (c) Public availability The map and legal description filed under subsection (a) shall be on file and available for public inspection in the Office of the Secretary. 5. Administration (a) In general Unless expressly provided in this Act, nothing in this Act affects any right or claim of the Confederated Tribes existing on the date of enactment of this Act to any land or interest in land. (b) Prohibitions (1) Exports of unprocessed logs Federal law (including regulations) relating to the export of unprocessed logs harvested from Federal land shall apply to any unprocessed logs that are harvested from the Oregon Coastal land taken into trust under section 3. (2) Non-permissible use of land Any real property taken into trust under section 3 shall not be eligible, or used, for any gaming activity carried out under Public Law 100–497 ( 25 U.S.C. 2701 et seq. ). (c) Laws applicable to commercial forestry activity Any commercial forestry activity that is carried out on the Oregon Coastal land taken into trust under section 3 shall be managed in accordance with all applicable Federal laws, including the National Indian Forest Resources Management Act (25 U.S.C. 3101 et seq.). (d) Agreements The Confederated Tribes shall consult with the Secretary and other parties as necessary to develop agreements to provide for access to the Oregon Coastal land taken into trust under section 3 that provide for— (1) honoring existing reciprocal right-of-way agreements; (2) administrative access by the Bureau of Land Management; and (3) management of the Oregon Coastal land that are acquired or developed under the Land and Water Conservation Fund Act of 1965 ( 16 U.S.C. 460l–4 et seq. ), consistent with section 8(f)(3) of that Act ( 162 U.S.C. 460l–8(f)(3) ). (e) Land use planning requirements Except as provided in subsection (c), once the Oregon Coastal land is taken into trust under section 3, the land shall not be subject to the land use planning requirements of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) or the Act of August 28, 1937 (43 U.S.C. 1181a et seq.). 6. Land reclassification (a) Identification of oregon and california railroad grant land Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture and the Secretary shall identify any Oregon and California Railroad grant land that is held in trust by the United States for the benefit of the Confederated Tribes under section 3. (b) Identification of public domain land Not later than 18 months after the date of enactment of this Act, the Secretary shall identify public domain land in the State of Oregon that— (1) is approximately equal in acreage and condition as the Oregon and California Railroad grant land identified under subsection (a); and (2) is located in the vicinity of the Oregon and California Railroad grant land. (c) Maps Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress and publish in the Federal Register one or more maps depicting the land identified in subsections (a) and (b). (d) Reclassification (1) In general After providing an opportunity for public comment, the Secretary shall reclassify the land identified in subsection (b) as Oregon and California Railroad grant land. (2) Applicability The Act of August 28, 1937 ( 43 U.S.C. 1181a et seq. ) shall apply to land reclassified as Oregon and California Railroad grant land under paragraph (1).
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5511ih/xml/BILLS-113hr5511ih.xml
|
113-hr-5512
|
I 113th CONGRESS 2d Session H. R. 5512 IN THE HOUSE OF REPRESENTATIVES September 17, 2014 Mr. DeFazio introduced the following bill; which was referred to the Committee on Natural Resources A BILL To require that certain Federal lands be held in trust by the United States for the benefit of the Cow Creek Band of Umpqua Tribe of Indians, and for other purposes.
1. Short title This Act may be cited as the Cow Creek Umpqua Land Conveyance Act . 2. Definitions In this Act: (1) Council creek land The term Council Creek land means the approximately 17,519 acres of land, as generally depicted on the map entitled Canyon Mountain Land Conveyance and dated June 27, 2013. (2) Tribe The term Tribe means the Cow Creek Band of Umpqua Tribe of Indians. (3) Secretary The term Secretary means the Secretary of the Interior. 3. Conveyance (a) In general Subject to valid existing rights, including rights-of-way, all right, title, and interest of the United States in and to the Council Creek land, including any improvements located on the land, appurtenances to the land, and minerals on or in the land, including oil and gas, shall be— (1) held in trust by the United States for the benefit of the Tribe; and (2) part of the reservation of the Tribe. (b) Survey Not later than one year after the date of enactment of this Act, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection (a). 4. Map and legal description (a) In general As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Council Creek land with— (1) the Committee on Energy and Natural Resources of the Senate; and (2) the Committee on Natural Resources of the House of Representatives. (b) Force and effect The map and legal description filed under subsection (a) shall have the same force and effect as if included in this Act, except that the Secretary may correct any clerical or typographical errors in the map or legal description. (c) Public availability The map and legal description filed under subsection (a) shall be on file and available for public inspection in the Office of the Secretary. 5. Administration (a) In general Unless expressly provided in this Act, nothing in this Act affects any right or claim of the Tribe existing on the date of enactment of this Act to any land or interest in land. (b) Prohibitions (1) Exports of unprocessed logs Federal law (including regulations) relating to the export of unprocessed logs harvested from Federal land shall apply to any unprocessed logs that are harvested from the Council Creek land. (2) Non-permissible use of land Any real property taken into trust under section 3 shall not be eligible, or used, for any gaming activity carried out under Public Law 100–497 ( 25 U.S.C. 2701 et seq. ). (c) Forest management Any forest management activity that is carried out on the Council Creek land shall be managed in accordance with all applicable Federal laws, including the National Indian Forest Resources Management Act ( 25 U.S.C. 3101 et seq. ). 6. Land reclassification (a) Identification of oregon and california railroad grant land Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture and the Secretary shall identify any Oregon and California Railroad grant land that is held in trust by the United States for the benefit of the Tribe under section 3. (b) Identification of public domain land Not later than 18 months after the date of enactment of this Act, the Secretary shall identify public domain land in the State of Oregon that— (1) is approximately equal in acreage and condition as the Oregon and California Railroad grant land identified under subsection (a); and (2) is located in the vicinity of the Oregon and California Railroad grant land. (c) Maps Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress and publish in the Federal Register one or more maps depicting the land identified in subsections (a) and (b). (d) Reclassification (1) In general After providing an opportunity for public comment, the Secretary shall reclassify the land identified in subsection (b) as Oregon and California Railroad grant land. (2) Applicability The Act of August 28, 1937 ( 43 U.S.C. 1181a et seq. ) shall apply to land reclassified as Oregon and California Railroad grant land under paragraph (1).
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5512ih/xml/BILLS-113hr5512ih.xml
|
113-hr-5513
|
I 113th CONGRESS 2d Session H. R. 5513 IN THE HOUSE OF REPRESENTATIVES September 17, 2014 Ms. Hahn 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 and modify the tax credit for electric vehicle recharging property.
1. Short title This Act may be cited as the Electric Charging Advancement Reform Act or as the E-Car Act . 2. Extension and modification of credit for electric car recharging property (a) In general Section 30C of the Internal Revenue Code of 1986 is amended to read as follows: 30C. Electric vehicle recharging property credit (a) Credit allowed There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 50 percent of the cost of any qualified electric vehicle recharging property placed in service by the taxpayer during the taxable year. (b) Limitation The credit allowed under subsection (a) with respect to all qualified electric vehicle recharging property placed in service by the taxpayer during the taxable year at a location shall not exceed— (1) in the case of a property of a character subject to an allowance for depreciation, the greater of— (A) $100,000, or (B) $10,000 multiplied by the number of devices placed in service at the location by the taxpayer during the taxable year, and (2) $2,000 in any other case. (c) Qualified electric vehicle recharging property For purposes of this section, the term qualified electric vehicle recharging property means any property (not including a building) if— (1) such property is— (A) of a character subject to the allowance for depreciation, or (B) installed on property which is used as the principal residence (within the meaning of section 121) of the taxpayer, (2) the original use of such property begins with the taxpayer, and (3) such property is for the recharging of motor vehicles propelled by electricity (including property relating to providing electricity for such recharging or otherwise necessary for such recharging property). (d) Application with other credits (1) Business credit treated as part of general business credit So much of the credit which would be allowed under subsection (a) for any taxable year (determined without regard to this subsection) that is attributable to property of a character subject to an allowance for depreciation shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)). (2) Personal credit (A) In general For purposes of this title, the credit allowed under subsection (a) for any taxable year (after the application of paragraph (1)) shall be treated as a credit allowable under subpart A for such taxable year. (B) Limitation based on amount of tax In the case of a taxable year to which section 26(a)(2) does not apply, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall not exceed the excess of— (i) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over (ii) the sum of the credits allowable under subpart A (other than this section and sections 25D and 30D) and section 27 for the taxable year. (e) Special rules For purposes of this section— (1) Basis reduction The basis of any property shall be reduced by the portion of the cost of such property taken into account under subsection (a). (2) Property used by tax-exempt entity In the case of any qualified electric vehicle recharging property the use of which is described in paragraph (3) or (4) of section 50(b) (including use by an Indian tribal government) and which is not subject to a lease, the person who sold such property to the person or entity using such property shall be treated as the taxpayer that placed such property in service, but only if such person clearly discloses to such person or entity in a document the amount of any credit allowable under subsection (a) with respect to such property (determined without regard to subsection (d)). (3) Property used outside united states not qualified No credit shall be allowable under subsection (a) with respect to any property referred to in section 50(b)(1) or with respect to the portion of the cost of any property taken into account under section 179. (4) Election not to take credit No credit shall be allowed under subsection (a) for any property if the taxpayer elects not to have this section apply to such property. (5) Recapture rules Rules similar to the rules of section 179A(e)(4) shall apply. (6) Device For the purposes of subsection (b)(1), the term device means an individual item of property, whether a stand-alone item or part of property that includes multiple devices, which functions to recharge one vehicle at a time. (7) Joint ownership of qualified electric vehicle recharging property (A) In general Any qualified electric vehicle recharging property shall not fail to be treated as such property solely because such property is placed in service with respect to 2 or more dwelling units. (B) Limits applied separately In the case of any qualified electric vehicle recharging property which is placed in service with respect to 2 or more dwelling units, this section (other than this subparagraph) shall be applied separately with respect to the portion of such property attributable to each such dwelling unit. (f) Regulations The Secretary shall prescribe such regulations as necessary to carry out the provisions of this section. (g) Termination This section shall not apply to any property placed in service after December 31, 2017. . (b) Conforming amendment Clause (ii) of section 30D(c)(2)(B) of such Code is amended by striking section 25D and inserting sections 25D and 30C . (c) Effective date (1) In general Except as provided in paragraph (2), the amendments made by this section shall apply to property placed in service after December 31, 2013. (2) Preservation of last year of credit for hydrogen refueling property So much of the amendment made by subsection (a) as relates to the repeal of section 30C of the Internal Revenue Code of 1986 (as in effect before the date of the enactment of this Act) shall apply to property placed in service after December 31, 2014.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5513ih/xml/BILLS-113hr5513ih.xml
|
113-hr-5514
|
I 113th CONGRESS 2d Session H. R. 5514 IN THE HOUSE OF REPRESENTATIVES September 17, 2014 Mr. Israel introduced the following bill; which was referred to the Committee on Small Business A BILL To amend the Small Business Act to establish a loan program to assist and provide incentives for manufacturers to reinvest in making products in the United States, and for other purposes.
1. Short title This Act may be cited as the Bring the Jobs Home Loan Act of 2014 . 2. Small manufacturer domestic production loan program The Small Business Act ( 15 U.S.C. 631 et seq. ) is amended— (1) by redesignating section 47 as section 48; and (2) by inserting after section 46 the following: 47. Small manufacturer domestic production loan program (a) Establishment Not later than 180 days after the date of enactment of the Bring the Jobs Home Loan Act of 2014, the Administrator shall establish a loan program to assist certain small business concerns to begin producing, in the United States, products that the concerns otherwise import. (b) Loan authority In carrying out the program established under subsection (a), the Administrator may make a loan to a small business concern involved in manufacturing (as determined by the Administrator) to assist the concern to make facility and equipment changes necessary for the concern to begin producing, in the United States, a product that the concern is importing from a foreign country at the time the loan is made. (c) Applications To be eligible for a loan under subsection (b), a small business concern shall submit to the Administrator an application at such time, in such form, and containing such information as the Administrator may require. (d) Reports (1) Requirement Not later than 2 years after a small business concern receives a loan under this section, the concern shall submit to the Administrator a report describing— (A) the facility and equipment changes made with loan funds; and (B) the progress made by the concern in producing, in the United States, a product that the concern was importing from a foreign country at the time the loan was made. (2) Use of reports Notwithstanding any other provision of law, the Administrator may consider the information submitted by a small business concern in a report under paragraph (1) in determining whether to provide to the concern— (A) an additional loan under this section; or (B) loan assistance under any other program of the Administration. (e) Limitation The Administrator may not make a loan under this section if the cost of the loan (as determined by the Administrator) is greater than 5 percent of the total amount made available to the Administrator for the cost of making loans under this section for the fiscal year in which the loan is made. .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5514ih/xml/BILLS-113hr5514ih.xml
|
113-hr-5515
|
I 113th CONGRESS 2d Session H. R. 5515 IN THE HOUSE OF REPRESENTATIVES September 17, 2014 Mr. King of New York (for himself, Mr. Bishop of New York , Mr. Grayson , Ms. Kaptur , Mr. Honda , Mr. Blumenauer , Ms. Schakowsky , Mr. Grijalva , Ms. Michelle Lujan Grisham of New Mexico , and Mr. Cohen ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on the Judiciary , Energy and Commerce , and Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To reauthorize the Elder Justice Act of 2009.
1. Short title This Act may be cited as the Elder Justice Reauthorization Act . 2. Findings Congress finds the following: (1) According to the American Journal of Public Health, at least 10 percent of older Americans experience elder abuse. (2) Victims of elder financial abuse are estimated to lose at least $2.9 billion a year. (3) Victims of elder abuse are three times more likely to end up in a hospital and four times more likely to end up in a nursing home than nonvictims. (4) Adult protective services which operate in all 50 States to help prevent elder abuse and investigate cases have no dedicated Federal funding or any designated Federal agency home. (5) Underreporting of elder abuse cases, especially financial abuse, remains a major issue combined with a dearth of comprehensive and reliable data which collectively leads to a vast underestimation of the real amount of elder abuse in the Nation. (6) Differences in State laws and practices in the areas of abuse, neglect, and exploitation of older adults lead to significant disparities in prevention, protective and social services, treatment systems, and law enforcement, and lead to other inequities. (7) Starting with the 1974 enactment of the Child Abuse Prevention and Treatment Act, the Federal Government has played an important role in promoting research, training, public safety, data collection, the identification, development, and dissemination of promising health care, social, and protective services, and law enforcement practices, relating to child abuse and neglect, domestic violence, and violence against women. The Federal Government should promote similar efforts and protections relating to elder abuse, neglect, and exploitation. (8) The Federal Government should provide leadership to assist States and communities in their efforts to prevent elder abuse, including the promotion of coordinated planning between all levels of government and nongovernment entities and generating and sharing knowledge relevant to protecting elders. (9) The problem of elder abuse, neglect, and exploitation requires a comprehensive approach that— (A) recognizes the statutory role of State and local adult protective services and long-term care ombudsman programs to respond to elder abuse; (B) integrates the work of health, legal, and social service agencies and organizations; (C) emphasizes the need for prevention, detection, reporting, investigation, assessment and treatment, and prosecution of elder abuse, neglect, and exploitation at all levels of government; (D) ensures that sufficient numbers of properly trained personnel with specialized knowledge are in place to treat, assess, and provide services related to elder abuse, neglect, and exploitation, and carry out elder protection duties; (E) ensures there is cultural competency to address the unique needs of a diverse older adult population with respect to elder abuse; and (F) balances an elder’s right to self-determination with society’s responsibility to protect elders. (10) The future well-being of millions of older adults may be challenged by elder abuse and a coordinated and comprehensive Federal response is needed. Elder abuse prevention is a sound investment that can produce savings to the Medicare and Medicaid programs in the future. (11) A victim of elder abuse is never the same after being victimized. 3. Reauthorization of the Elder Justice Act of 2009 (a) Amendments to the Social Security Act (1) Each of the following provisions of the Social Security Act is amended by striking 2014 and inserting 2019 : (A) Section 2024(2) ( 42 U.S.C. 1397k–3(2) ). (B) Section 2042(a)(2) ( 42 U.S.C. 1397m–1(a)(2) ). (C) Section 2042(b)(5) ( 42 U.S.C. 1397m–1(b)(5) ). (D) Section 2042(c)(5) ( 42 U.S.C. 1397m–1(c)(5) ). (E) Section 2043(b)(2) ( 42 U.S.C. 1397m–2(b)(2) ). (2) Each of the following provisions of the Social Security Act is amended by striking and 2014 and inserting through 2019 : (A) Section 2031(f)(3) ( 42 U.S.C. 1397l(f)(3) ). (B) Section 2041(d)(3) ( 42 U.S.C. 1397m(d)(3) ). (C) Section 2043(a)(2)(C) ( 42 U.S.C. 1397m–2(a)(2)(C) ). (3) Section 2045 of the Social Security Act ( 42 U.S.C. 1397m–4 ) is amended by striking October 1, 2014 and inserting 2 years after the completion of grants made to States under section 2042 . (b) Amendments to the Patient Protection and Affordable Care Act Section 6703(b) of the Patient Protection and Affordable Care Act (42 U.S.C. 1395i–3a(b)) is amended in each of paragraphs (1)(C) and (2)(C), by striking 2014 and inserting 2019 .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5515ih/xml/BILLS-113hr5515ih.xml
|
113-hr-5516
|
I 113th CONGRESS 2d Session H. R. 5516 IN THE HOUSE OF REPRESENTATIVES September 17, 2014 Mr. Latta introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend the Federal Water Pollution Control Act to prohibit the discharge of dredged material into the Great Lakes, and for other purposes.
1. Short Title This Act may be cited as the Protecting Our Great Lakes Act of 2014 . 2. Prohibition on Discharge of Dredged Material into the Great Lakes System Section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 ) is amended— (1) in subsection (a), by striking The Secretary may and inserting Except as provided in subsection (u), the Secretary may ; (2) in subsection (f)— (A) in paragraph (1), by striking in paragraph (2) and inserting in paragraphs (2) and (3) ; and (B) by adding at the end the following new paragraph: (3) Any discharge of dredged material into the open waters of the Great Lakes is prohibited. ; (3) in subsection (r), by striking The discharge and inserting Except as provided in subsection (u), the discharge ; and (4) by adding at the end the following new subsection: (u) Prohibition on Discharge of Dredged Material into the Open Waters of the Great Lakes (1) In General The Secretary (or a State in the case of a State program approved under this section) may not issue a permit for the discharge of dredged material into the open waters of the Great Lakes. (2) Disposal Areas (A) Any dredged material resulting from activity in the Great Lakes System (as defined in section 118 of this Act) shall be reused in beneficial ways on land or disposed of in a confined land-based or confined water-based disposal area determined to be economically and environmentally viable by the Secretary in consultation with concerned States. (B) Any person who violates subparagraph (A) shall be treated as having violated a condition or limitation set forth in a permit issued under this section. (3) Definition For purposes of this section, the term open waters of the Great Lakes means all of the waters within Lake Erie, Lake Huron (including Lake St. Clair), Lake Michigan, Lake Ontario, and Lake Superior lakeward from a line drawn across the mouth of tributaries to the Lakes, including all waters enclosed by constructed breakwaters, but not including the connecting channels. .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5516ih/xml/BILLS-113hr5516ih.xml
|
113-hr-5517
|
I 113th CONGRESS 2d Session H. R. 5517 IN THE HOUSE OF REPRESENTATIVES September 17, 2014 Mr. Lewis introduced the following bill; which was referred to the Committee on Natural Resources A BILL To redesignate the Martin Luther King, Junior, National Historic Site in the State of Georgia, and for other purposes.
1. Short title This Act may be cited as the Martin Luther King, Jr. National Historical Park Act of 2014 . 2. Martin Luther King, Jr. National Historical Park The Act entitled An Act to establish the Martin Luther King, Junior, National Historic Site in the State of Georgia, and for other purposes. ( Public Law 96–428 ) is amended— (1) in section 1, by striking the map entitled Martin Luther King, Junior, National Historic Site , numbered 489/80,013B, and dated September 1992 and inserting the map entitled Martin Luther King, Jr. National Historical Park , numbered 489/80,032 and dated April 2009 ; (2) by striking Martin Luther King, Junior, National Historic Site each place it appears and inserting Martin Luther King, Jr. National Historical Park ; (3) by striking national historic site each place it appears and inserting national historical park ; and (4) by striking historic site each place it appears and inserting historical park . 3. References Any reference in a law (other than in this Act), map, regulation, document, paper, or other record of the United States to the Martin Luther King, Junior, National Historic Site shall be deemed to be a reference to the Martin Luther King, Jr. National Historical Park .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5517ih/xml/BILLS-113hr5517ih.xml
|
113-hr-5518
|
I 113th CONGRESS 2d Session H. R. 5518 IN THE HOUSE OF REPRESENTATIVES September 17, 2014 Mr. McNerney introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to improve the continuing professional education reimbursement provided to health professionals employed by the Department of Veterans Affairs.
1. Short title This Act may be cited as the Assuring Quality Care for Veterans Act . 2. Improvement of continuing professional education reimbursement for health professionals employed by the Department of Veterans Affairs (a) In general Section 7411 of title 38, United States Code, is amended— (1) by striking shall and inserting may ; (2) by striking board-certified physician or dentist appointed under section 7401(1) of this title and inserting health professional appointed under paragraph (1) or (3) of section 7401 of this title ; (3) by striking $1,000 and inserting $1,600 ; (4) by inserting required to maintain licensure after professional education ; and (5) by adding at the end the following new sentence: No such health professional may receive reimbursement under this section and reimbursement for the same expenses incurred for continuing professional education provided by a Department medical center. . (b) Clerical amendments (1) Section heading The heading for such section is amended to read as follows: 7411. Full-time health professionals: reimbursement of continuing professional education expenses . (2) Table of sections The table of sections at the beginning of chapter 74 of such title is amended by striking the item relating to section 7411 and inserting the following new item: 7411. Full-time health professionals: reimbursement of continuing professional education expenses. .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5518ih/xml/BILLS-113hr5518ih.xml
|
113-hr-5519
|
I 113th CONGRESS 2d Session H. R. 5519 IN THE HOUSE OF REPRESENTATIVES September 17, 2014 Mr. Poe of Texas (for himself and Ms. Esty ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To authorize funding for, and increase accessibility to, the National Missing and Unidentified Persons System, to facilitate data sharing between such system and the National Crime Information Center database of the Federal Bureau of Investigation, to provide incentive grants to help facilitate reporting to such systems, and for other purposes.
1. Short title This Act may be cited as Billy’s Law or the Help Find the Missing Act . 2. Authorization of the National Missing and Unidentified Persons System (a) In general The Attorney General, through the Director of the National Institute of Justice, is authorized to maintain public databases, known as the National Missing and Unidentified Persons System or NamUs , to contain missing persons records and unidentified remains cases for purposes of assisting to identify missing people and solve cases of unidentified human remains. All functions, personnel, assets, liabilities, and administrative actions applicable to the National Missing and Unidentified Persons System carried out by the National Institute of Justice on the date before the date of the enactment of this Act shall be transferred to the National Missing and Unidentified Persons System authorized under this section as of the date of the enactment of this Act. (b) Authorization of appropriations There is authorized to be appropriated to carry out this section not more than a total of $2,400,000 for each of the fiscal years 2015 through 2020. Notwithstanding any other provision of law, the total amount of Federal funds made available for any of the fiscal years 2015 through 2020 to maintain NamUs may not exceed the amount described in the previous sentence. 3. GAO report on information sharing between NCIC and NamUs (a) Study The Comptroller General of the United States shall conduct a study on— (1) how to better integrate the national missing persons databases, including the NamUs databases and the NCIC database; (2) any technical challenges that may exist in integrating the databases described in paragraph (1); and (3) practices, procedures, or technologies that would assist States, local law enforcement agencies, medical examiners, and coroners in reporting missing persons and unidentified remains to the NamUs databases and the NCIC database. (b) Report Not later than 6 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Attorney General and to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report on the study conducted under subsection (a). 4. Sharing of information between NCIC and NamUs (a) Sharing of information Not later than the end of the 30-day period beginning on the date the online data entry format is updated under subsection (c), the Attorney General shall, in accordance with this section, provide for information on missing persons and unidentified human remains contained in the NCIC database to be transmitted to, entered in, and otherwise shared with the NamUs databases and for such information contained in the NamUs databases to be transmitted to, entered in, and otherwise shared with the NCIC database. (b) Rules on confidentiality (1) In general Not later than 18 months after the date on which the GAO report is submitted, the Attorney General, in consultation with the Director of the FBI, shall promulgate rules pursuant to notice and comment that specify the information the Attorney General may provide from the NCIC files to the NamUs databases for purposes of this Act. Such rules shall— (A) provide for the protection of confidential, private, and law enforcement sensitive information contained in the NCIC files; (B) be promulgated only after the Director approves recommendations by the Advisory Policy Board of the Criminal Justice Information Services Division of the FBI; (C) specify the circumstances in which portions of information may be withheld from transfer, entry, or sharing from the NCIC database to the NamUs databases; and (D) provide that once an authorized agency provides an authorization to permit the transmission, entering, or sharing of information (or portions of information) from the NCIC database to the NamUs databases, such authorization shall be deemed to apply to any updates made to such information, unless otherwise specified by the agency. (2) Submissions prior to online data entry format update With respect to information submitted to the NCIC database before the end of the 30-day period described in subsection (a), the Attorney General may solicit from appropriate authorized agencies authorization to transmit, enter, or share such information. (c) Updates (1) In general Not later than 18 months after the date the GAO report is submitted, the Attorney General shall update the online data entry format for the NCIC database and NamUs databases to provide State criminal justice agencies, offices of medical examiners, and offices of coroners with the option to authorize the submission of new information and data that is reported to and entered into the NCIC database to be submitted to and entered into the NamUs databases. (2) NCIC format In the case of the NCIC database, an update described in paragraph (1) shall include an update to the NCIC database online data entry format that States use in submitting missing persons and unidentified remains reports, including the addition of a new data field allowing States, on behalf of the authorized agency that originally submitted the data, to select whether or not to have the NCIC report, subject to the rules promulgated under subsection (b), shared with the NamUs databases. (d) Amendments to title XXXVII of the Crime Control Act of 1990 To require reports of missing children to NamUs (1) Reporting requirement Section 3701(a) of title XXXVII of the Crime Control Act of 1990 ( 42 U.S.C. 5779(a) ) is amended by striking the period and inserting the following: and, consistent with section 4 (including rules promulgated pursuant to section 4(b)) of the Help Find the Missing Act , shall also report such case, either directly or through authorization described in such section to transmit, enter, or share information on such case, to the NamUs databases (as defined in section 8 of such Act). . (2) State requirements Section 3702 of title XXXVII of the Crime Control Act of 1990 ( 42 U.S.C. 5780 ) is amended— (A) in paragraph (2), by striking or the National Crime Information Center computer database and inserting , the National Crime Information Center computer database, or the NamUs databases (as defined in section 8 of the Help Find the Missing Act ) ; (B) in paragraph (3), in the undesignated matter following subparagraph (C), by inserting after receive such reports the following: and is entered within 60 days of receipt in the NamUs databases (as so defined) ; and (C) in paragraph (4)— (i) in the matter preceding subparagraph (A), by inserting or the NamUs databases after National Crime Information Center ; and (ii) in subparagraph (A), by striking and National Crime Information Center computer networks and inserting , National Crime Information Center computer networks, and the NamUs databases . (3) Effective date The amendments made by this subsection shall apply with respect to reports made before, on, or after the date of the enactment of this Act beginning on the last day of the 30-day period described in subsection (a). (e) Authorized agencies authority To override information An authorized agency may remove or override information (or portions of information) from the NamUs database, and correspondingly from the NCIC database if the information was transferred from the NamUs database under this Act, if such information is submitted on behalf of a public user and such information is deemed by the authorized agency to be inaccurate. 5. Incentive grants program (a) Establishment Not later than 1 year after the date of enactment of this Act, the Attorney General shall establish a program to provide grants to qualifying law enforcement agencies, offices of coroners, offices of medical examiners, and other authorized agencies to facilitate the process of reporting information regarding missing persons and unidentified remains to the NCIC database and NamUs databases for purposes of assisting in locating such missing persons and identifying such remains. (b) Requirements (1) In general As a condition of a grant under this section, a grant recipient shall, with respect to each case reported to the agency or office of the recipient relating to a missing person described in a category under subsection (e) or relating to unidentified remains— (A) not later than 72 hours after such case is reported to the agency or office and consistent with subsection (c), submit to the NCIC database and NamUs databases— (i) in the case of a missing person described in a category under subsection (e), at least the minimum information described in subsection (f)(1); and (ii) in the case of unidentified remains, at least the minimum information described in subsection (f)(2); and (B) not later than 60 days after the original entry of the report, verify and update any original report entered into the State law enforcement system, the NCIC database, or NamUs databases after receipt of the grant with any additional information, including, to the greatest extent possible— (i) information on the extent to which DNA samples are available, including the availability of DNA identification records information submitted to the National DNA Index System under subparagraph (C); (ii) fingerprints, medical and dental records, and photographs of any distinguishing characteristics such as scars, marks, tattoos, piercings, and other unique physical characteristics; (iii) in the case of unidentified remains, photographs or digital images that may assist in identifying the decedent, including fingerprint cards, radiographs, palmprints, and distinctive features of the decedent’s personal effects; and (iv) any other information determined to be appropriate by the Attorney General; and (C) not later than 60 days after the original entry of the report, to the greatest extent possible, submit to the National DNA Index System of the FBI, established pursuant to section 210304(a) of the Violent Crime Control and Law Enforcement Act of 1994 ( 42 U.S.C. 14132(a) ), either directly or through use of NamUs victims assistance resources and DNA collection services, DNA identification records information relating to such case in accordance with section 210304(b) of such Act (42 U.S.C. 14132(b)) and the National DNA Index System acceptance standards. (2) Sharing of information For purposes of subparagraph (B), in the case of information a grant recipient authorizes to be transferred, entered, or shared under section 4 between the NCIC database and NamUs databases, any update to such information shall be made with respect to both databases unless specified otherwise by the recipient. (c) Submission of reports To satisfy subsection (b)(1)(A), a recipient of a grant under this section shall submit information required under such subsection— (1) separately to the NCIC database and NamUs databases; or (2) in accordance with section 4, simultaneously to the NamUs databases when reporting to the NCIC database or to the NCIC database when reporting to the NamUs databases. (d) Permissible use of funds (1) In general The permissible uses of grants awarded under this section include the use of funds— (A) to hire additional personnel, to acquire technology to facilitate timely data entry into the relevant databases; (B) to conduct contracting activities relevant to outsourcing the processing of unidentified remains and the reporting of the resulting information to the NCIC database and NamUs databases; (C) to train local law enforcement personnel, medical examiners, and coroners to use the NCIC database and NamUs databases; (D) to assist States’ transition into the new system under which information is shared between the NCIC database and NamUs databases; and (E) for other purposes consistent with the goals of this section. (2) Clarification In no case may a recipient of a grant under this section use funds to enter or help facilitate the entrance of any false or misleading information about missing persons or unidentified remains. (e) Categories of missing persons The categories of missing persons described in this subsection are the following: (1) A missing person age 21 or older who— (A) is senile or is suffering from a proven mental or physical disability, as documented by a source deemed credible to an appropriate law enforcement entity; or (B) is missing under circumstances that indicate, as determined by an appropriate law enforcement entity— (i) that the person’s physical safety may be endangered; (ii) that the disappearance may not have been voluntary, such as abduction or kidnapping; or (iii) that the disappearance may have been caused by a natural disaster or catastrophe (such as an airplane crash or terrorist attack). (2) A missing person who does not meet the criteria described in paragraph (1) but who meets one of the following criteria: (A) There is a reasonable concern, as determined by an appropriate law enforcement entity, for the safety of the missing person. (B) The person is under age 21 and emancipated under the laws of the person’s State of residence. (f) Minimum information required (1) Content for missing persons The minimum information described in this section, with respect to a missing person, is the following: (A) The name, date of birth, city and State of residence, gender, race, height, weight, eye color, and hair color of the missing person. (B) The date and location of the last known contact with the missing person. (C) The category described in subsection (e) in which the missing person is classified. (2) Content for unidentified human remains The minimum information described in this section, with respect to unidentified human remains, is the following: (A) The estimated age, gender, race, height, weight, hair color, and eye color. (B) Any distinguishing characteristics such as scars, marks, tattoos, piercings, and other unique physical characteristics. (C) A description of clothing found on the decedent. (D) City and State where the unidentified human remains were found. (E) Information on how to contact the law enforcement agency handling the investigation and the unidentified human remains. (F) Information on the extent to which DNA identification records information are available, including the availability of such samples submitted to the National DNA Index System under subsection (b)(1)(C). (g) Administration The Attorney General shall prescribe requirements, including with respect to applications, for grants awarded under this section and shall determine the amount of each such grant. (h) Confidentiality As a condition of a grant under this section, the recipient of the grant shall ensure that information reported under the grant meets the requirements promulgated by the Attorney General under section 4(b)(1)(A). (i) Annual summary For each of the fiscal years 2015 through 2020, the Attorney General shall publish an annual statistical summary of the reports required by subsection (c). (j) Qualifying law enforcement agency defined For purposes of this Act, the term qualifying law enforcement agency means a State, local, or tribal law enforcement agency. (k) Funding (1) Matching requirement The Attorney General may not make a grant under subsection (a) unless the applicant involved agrees, with respect to the costs to be incurred by the applicant in carrying out the purposes described in this section, to make available non-Federal contributions (in cash or in kind) toward such costs in an amount equal to not less than $1 for each $2 of Federal funds provided in the grant. (2) Authorization of appropriations There is authorized to be appropriated to carry out this section $8,000,000 for each of the fiscal years 2015 through 2020. 6. Report on best practices Not later than 18 months after the date on which the GAO report is submitted, the Attorney General shall issue a report to offices of medical examiners, offices of coroners, and Federal, State, local, and tribal law enforcement agencies describing the best practices for the collection, reporting, and analysis of data and information on missing persons and unidentified human remains. Such best practices shall— (1) provide an overview of the NCIC database and NamUs databases; (2) describe how local law enforcement agencies, offices of medical examiners, and offices of coroners should access and use the NCIC database and NamUs databases; (3) describe the appropriate and inappropriate uses of the NCIC database and NamUs databases; and (4) describe the standards and protocols for the collection, reporting, and analysis of data and information on missing persons and unidentified human remains. 7. Report to Congress (a) In general Not later than 18 months after the date on which the GAO report is submitted, and biennially thereafter, the Attorney General shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report describing the status of the NCIC database and NamUs databases. (b) Contents The report required by subsection (a) shall describe, to the extent available, information on— (1) the process of information sharing between the NCIC database and NamUs databases; and (2) the programs funded by grants awarded under section 5. 8. Definitions For the purposes of this Act, the following definitions apply: (1) Authorized Agency The term authorized agency means a Government agency with an originating agency identification (ORI) number and that is a criminal justice agency, as defined for purposes of subpart A of part 20 of title 28, Code of Federal Regulations. (2) GAO report The term GAO report means the report required under section 3(b). (3) FBI The term FBI means the Federal Bureau of Investigation. (4) Nam U s Databases The term NamUs databases means the National Missing and Unidentified Persons System Missing Persons database and National Missing and Unidentified Persons System Unidentified Decedents database maintained by the National Institute of Justice of the Department of Justice. (5) NCIC Database The term NCIC database means the National Crime Information Center Missing Person File and National Crime Information Center Unidentified Person File of the National Crime Information Center database of the FBI, established pursuant to section 534 of title 28, United States Code. (6) State The term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5519ih/xml/BILLS-113hr5519ih.xml
|
113-hr-5520
|
I 113th CONGRESS 2d Session H. R. 5520 IN THE HOUSE OF REPRESENTATIVES September 17, 2014 Mr. Posey (for himself and Mr. Goodlatte ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to eliminate the diversity immigrant program.
1. Short title This Act may be cited as— (1) the Security and Fairness Enhancement for America Act of 2014 ; or (2) the SAFE for America Act . 2. Elimination of diversity immigrant program (a) Worldwide level of diversity immigrants Section 201 of the Immigration and Nationality Act ( 8 U.S.C. 1151 ) is amended— (1) in subsection (a)— (A) by inserting and at the end of paragraph (1); (B) by striking ; and at the end of paragraph (2) and inserting a period; and (C) by striking paragraph (3); and (2) by striking subsection (e). (b) Allocation of diversity immigrant visas Section 203 of such Act ( 8 U.S.C. 1153 ) is amended— (1) by striking subsection (c); (2) in subsection (d), by striking (a), (b), or (c), and inserting (a) or (b), ; (3) in subsection (e), by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); (4) in subsection (f), by striking (a), (b), or (c) and inserting (a) or (b) ; and (5) in subsection (g), by striking (a), (b), and (c) and inserting (a) and (b) . (c) Procedure for granting immigrant status Section 204 of such Act ( 8 U.S.C. 1154 ) is amended— (1) by striking subsection (a)(1)(I); and (2) in subsection (e), by striking (a), (b), or (c) and inserting (a) or (b) . (d) Effective date The amendments made by this section shall take effect on October 1, 2014.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5520ih/xml/BILLS-113hr5520ih.xml
|
113-hr-5521
|
I 113th CONGRESS 2d Session H. R. 5521 IN THE HOUSE OF REPRESENTATIVES September 17, 2014 Mr. Quigley (for himself and Mr. King of New York ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committee on Financial Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To direct the Administrator of the Federal Emergency Management Agency to enter into an agreement with the National Research Council to conduct a study on urban flooding, and for other purposes.
1. Short title This Act may be cited as the Urban Flooding Awareness Act of 2014 . 2. Urban flooding defined (a) In general In this Act, the term urban flooding means the inundation of property in a built environment, particularly in more densely populated areas, caused by rain falling on increased amounts of impervious surface and overwhelming the capacity of drainage systems, such as storm sewers. (b) Inclusions In this Act, the term urban flooding includes— (1) situations in which stormwater enters buildings through windows, doors, or other openings; (2) water backup through sewer pipes, showers, toilets, sinks, and floor drains; (3) seepage through walls and floors; (4) the accumulation of water on property or public rights-of-way; and (5) the overflow from water bodies, such as rivers and lakes. (c) Exclusion In this Act, the term urban flooding does not include flooding in undeveloped or agricultural areas. 3. Urban flooding study (a) Agreement with National Research Council The Administrator of the Federal Emergency Management Agency shall enter into an agreement with the National Research Council under which the National Research Council will conduct a study on urban flooding in accordance with the requirements of this section. (b) Contents (1) General review and evaluation In conducting the study, the National Research Council shall review and evaluate the latest available research, laws, regulations, policies, best practices, procedures, and institutional knowledge regarding urban flooding. (2) Specific issue areas The study shall include, at a minimum, an examination of the following: (A) The prevalence and costs associated with urban flooding events across the United States, with a focus on the largest metropolitan areas and any clear trends in frequency and severity over the past 2 decades. (B) The adequacy of existing federally provided flood risk information and the most cost-effective methods and products to identify, map, or otherwise characterize the risk of property damage from urban flooding on a property-by-property basis, whether or not a property is in or adjacent to a 1-percent (100-year) flood plain, and the potential for training and certifying local experts in flood risk characterization as a service to property purchasers and owners and their communities. (C) The causes of urban flooding and its apparent increase over the past 20 years, including the impacts of— (i) global climate change; (ii) increasing urbanization and the associated increase in impervious surfaces; and (iii) undersized, deteriorating and otherwise ineffective stormwater infrastructure. (D) The most cost-effective strategies, practices, and technologies used to reduce the impacts of urban flooding, with a focus on decentralized, easy-to-install, and low-cost approaches, such as nonstructural and natural infrastructure on public and private property. The examination under this subparagraph shall include an assessment of opportunities for implementing innovative strategies and practices on government-controlled land, such as Federal, State, and local roads, parking lots, alleys, sidewalks, buildings, recreational areas, and open space. (E) The role of the Federal Government and State governments, as conveners, funders, and advocates, in spurring market innovations based on public-private-nonprofit partnerships. Such innovations may include smart home technologies for improved flood warning systems connected to high-resolution weather forecast data and Internet- and cellular-based communications systems. (F) The most sustainable and effective methods for funding flood risk and flood damage reduction at all levels of government, including— (i) the potential for establishing a State revolving fund program for flood prevention projects similar to the revolving fund programs under the Federal Water Pollution Control Act and the Safe Drinking Water Act; (ii) stormwater fee programs using impervious surface as the basis for fee rates and providing credits for the installation of flood prevention or other stormwater management features; (iii) grant programs; and (iv) public-private partnerships. (G) Information and education strategies and practices, including nontraditional approaches such as the use of social media, for community leaders, government staff, and property owners on— (i) flood risks; (ii) flood risk reduction strategies and practices; and (iii) the availability and effectiveness of different types of flood insurance policies. (H) The relevance of the National Flood Insurance Program and Community Rating System to urban flooding areas outside traditional flood plains, and strategies for broadening coverage and increasing participation under the programs. (I) Strategies for protecting downstream communities from the flooding impacts of development in upstream communities, including a review of— (i) potential standards for watershed-wide flood protection planning; and (ii) the potential establishment of streamlined legal processes for victims of flood damage, to avoid the need for expensive litigation. (c) Consultation The Administrator of the Federal Emergency Management Agency shall carry out this section in consultation with the Secretary of the Army (acting through the Chief of Engineers), the Secretary of Housing and Urban Development, the Administrator of the Environmental Protection Agency, and State, regional, and local stormwater management agencies, and such other interested parties as the Administrator of the Federal Emergency Management Agency considers appropriate. (d) Report to Congress Not later than 3 years after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall submit to the Committee on Financial Services and the Committee on Appropriations of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate a report containing the findings of the National Research Council based on the results of the study, including recommendations for implementation of strategies, practices, and technologies relating to urban flooding by Congress and the executive branch.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5521ih/xml/BILLS-113hr5521ih.xml
|
113-hr-5522
|
I 113th CONGRESS 2d Session H. R. 5522 IN THE HOUSE OF REPRESENTATIVES September 17, 2014 Mr. Sensenbrenner (for himself, Mr. Stockman , and Mr. Ribble ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To abolish the Bureau of Alcohol, Tobacco, Firearms, and Explosives, transfer its functions relating to the Federal firearms, explosives, and arson laws, violent crime, and domestic terrorism to the Federal Bureau of Investigation, and transfer its functions relating to the Federal alcohol and tobacco smuggling laws to the Drug Enforcement Administration, and for other purposes.
1. Short title This Act may be cited as the ATF Elimination Act . 2. Elimination of hiring authority of the Bureau of Alcohol, Tobacco, Firearms, and Explosives The hiring authority of the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives is rescinded. 3. Transfer plan (a) In general Within 180 days after the date of the enactment of this Act, the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Director of the Federal Bureau of Investigation, and the Administrator of the Drug Enforcement Administration shall jointly develop and submit to the Congress a plan for winding up the affairs of the Bureau of Alcohol, Tobacco, Firearms, and Explosives pursuant to this Act. The plan shall, to the maximum extent practicable, without compromising core functions, eliminate and reduce duplicative, unnecessary functions or waste. (b) FBI report to GSA on excess property To be transferred to the FBI Within 1 year after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation shall transmit to the Administrator of the General Services Administration a report that specifies the property to be transferred to the Bureau pursuant to this Act that the Director has determined will not be needed by the Bureau. 4. Abolition of Bureau of Alcohol, Tobacco, Firearms, and Explosives The Bureau of Alcohol, Tobacco, Firearms, and Explosives is abolished. 5. Transfer of functions relating to the Federal firearms, explosives, and arson laws, and to violent crime and domestic terrorism, to the Federal Bureau of Investigation (a) In general The functions relating to the investigation and enforcement of criminal and regulatory violations of the Federal firearms, explosives, and arson laws, and the investigation of violent crime and domestic terrorism, which on the effective date of this Act, were performed by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, are hereby transferred to the Attorney General. (b) Delegation of functions The Attorney General shall delegate to the Director of the Federal Bureau of Investigation the functions transferred under this section. (c) References Any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to the Bureau of Alcohol, Tobacco, Firearms, and Explosives with respect to functions transferred by this section— (1) to the Secretary of the Treasury or the head of that bureau is deemed to refer to the Attorney General; and (2) to the Department of the Treasury or that bureau is deemed to refer to the Department of Justice or the Federal Bureau of Investigation, as appropriate. 6. Transfer of functions relating to the Federal alcohol and tobacco smuggling laws to the Drug Enforcement Administration (a) In general The functions relating to investigation and enforcement of criminal ad regulatory violations of the Federal alcohol and tobacco smuggling laws, which on the effective date of this Act, were performed by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, are hereby transferred to the Attorney General. (b) Delegation of functions The Attorney General shall delegate to the Administrator of Drug Enforcement the functions transferred under this section. (c) References Any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to the Bureau of Alcohol, Tobacco, Firearms, and Explosives with respect to functions transferred by this section— (1) to the Secretary of the Treasury or the head of that bureau is deemed to refer to the Attorney General; and (2) to the Department of the Treasury or that bureau is deemed to refer to the Department of Justice or the Drug Enforcement Administration, as appropriate. 7. Property and records The contracts, liabilities, records, property, and other assets and interests of, or made available in connection with, the functions transferred by this Act are hereby transferred to the Attorney General for appropriate allocation. 8. Personnel (a) In general The personnel employed in connection with the functions transferred by this Act are hereby transferred to the Attorney General. (b) Effect During the 1-year period beginning on the effective date of this Act, any full-time or part-time personnel employed in permanent positions shall not be separated or reduced in grade or compensation because of the transfer under this Act. 9. Savings provisions (a) Legal documents All orders, determinations, rules, regulations, permits, grants, contracts, certificates, licenses, and privileges— (1) that have been issued, made, granted, or allowed to become effective by the President, by the head of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Attorney General, the Secretary of the Treasury, any other Government official, or a court of competent jurisdiction, in the performance of functions of the head of that bureau that are transferred by this Act, and (2) that are in effect on the effective date of this Act (or become effective after such date pursuant to their terms as in effect on such date), shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Attorney General or other authorized official, or a court of competent jurisdiction, or by operation of law. (b) Proceedings The provisions of this Act shall not affect any proceedings or any application for any benefits, service, license, permit, certificate, or financial assistance pending before the Bureau of Alcohol, Tobacco, Firearms, and Explosives on the effective date of this Act, but such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted, and orders issued in any such proceeding shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted. (c) Suits The provisions of this Act shall not affect suits commenced before the effective date of this Act, and in all such suits, proceeding shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this Act had not been enacted. (d) Nonabatement of actions No suit, action, or other proceeding commenced by or against the head of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, or by or against any individual in the official capacity of such individual as an officer of such bureau shall abate by reason of the enactment of this Act. (e) Continuance of suits If, before the effective date of this Act, any agency or officer thereof in the official capacity of such officer, is party to a suit, and under this Act any function of such agency or officer is transferred to the Attorney General or any other official of the Department of Justice, then such suit shall be continued with the Attorney General or other appropriate official of the Department of Justice substituted or added as a party. 10. Conforming amendments (a) Amendments to the Homeland Security Act of 2002 (1) Section 1111(d) of the Homeland Security Act of 2002 ( 6 U.S.C. 531(d) ) is amended by adding at the end the following: (4) Personnel management demonstration project Notwithstanding any other provision of law, the Personnel Management Demonstration Project established under section 102 of title I of division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act for Fiscal Year 1999 ( Public Law 105–277 ; 112 Stat. 2681–585) shall be transferred to the Secretary of the Treasury for continued use by the Tax and Trade Bureau. . (2) Section 1114(a) of such Act ( 6 U.S.C. 532(a) ) is amended by striking Bureau and inserting Federal Bureau of Investigation . (b) Amendments to the Enhanced Border Security and Visa Entry Reform Act of 2002 Section 2(4) of the Enhanced Border Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1701(2)(4)) is amended by striking subparagraph (J) and redesignating subparagraphs (K) and (L) as subparagraphs (J) and (K), respectively. (c) Amendment to the Firefighters’ Safety Study Act Section 3(1) of the Firefighters’ Safety Study Act ( 15 U.S.C. 2223b(1) ) is amended— (1) by adding and at the end of subparagraph (C); (2) by striking ; and at the end of subparagraph (D) and inserting a comma; and (3) by striking subparagraph (E). (d) Amendments relating to title 18, United States Code (1) Section 846(a) of title 18, United States Code, is amended by striking , together with the Bureau of Alcohol, Tobacco, Firearms, and Explosives, . (2) Section 514(b) of division B of the Consolidated and Further Continuing Appropriations Act, 2013 ( 18 U.S.C. 923 note; Public Law 113–6 ; 127 Stat. 271) is amended by striking Bureau of Alcohol, Tobacco, Firearms, and Explosives shall include in all such data releases and inserting Federal Bureau of Investigation shall include in all releases of data from firearm tracing studies . (3) Limitations on use of funds for disclosure of firearms trace data (A) The 6th proviso under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses in title I of division B of the Consolidated and Further Continuing Appropriations Act, 2012 (18 U.S.C. 923 note; Public Law 112–55 ; 125 Stat. 609–610) is amended by striking Bureau of Alcohol, Tobacco, Firearms, and Explosives each place it appears and inserting Federal Bureau of Investigation . (B) The 6th proviso under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses in title II of division B of the Consolidated Appropriations Act, 2010 ( 18 U.S.C. 923 note; Public Law 111–117; 123 Stat. 3128–3129) is amended by striking Bureau of Alcohol, Tobacco, Firearms, and Explosives each place it appears and inserting Federal Bureau of Investigation . (C) The 6th proviso under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses in title II of division B of the Omnibus Appropriations Act, 2009 ( 18 U.S.C. 923 note; Public Law 111–8; 123 Stat. 574–576) is amended by striking Bureau of Alcohol, Tobacco, Firearms, and Explosives each place it appears and inserting Federal Bureau of Investigation . (D) The 6th proviso under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses in title II of division B of the Consolidated Appropriations Act, 2008 ( 18 U.S.C. 923 note; Public Law 110–161; 121 Stat. 1903–1904) is amended by striking Bureau of Alcohol, Tobacco, Firearms, and Explosives each place it appears and inserting Federal Bureau of Investigation . (E) The 6th proviso under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses in title I of the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 ( 18 U.S.C. 923 note; Public Law 109–108 ; 119 Stat. 2295–2296) is amended by striking Bureau of Alcohol, Tobacco, Firearms, and Explosives each place it appears and inserting Federal Bureau of Investigation . (F) The 6th proviso under the heading in title I of division B of the Consolidated Appropriations Act, 2005 ( 18 U.S.C. 923 note; Public Law 108–447 ; 118 Stat. 2859–2860) is amended by striking Bureau of Alcohol, Tobacco, Firearms, and Explosives each place it appears and inserting Federal Bureau of Investigation . (4) Section 2343(c)(1) of title 18, United States Code, is amended by striking Bureau of Alcohol, Tobacco, Firearms, and Explosives and inserting Drug Enforcement Administration . (5) (A) Section 3051 of title 18, United States Code, is amended— (i) in the section heading, by striking Special Agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives and inserting certain investigators and officers of the Department of Justice ; (ii) in subsection (a), by striking (a) Special agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, as well as any other and inserting Any ; and (iii) by striking subsection (b). (B) The item relating to section 3051 in the table of sections for chapter 203 of title 18, United States Code, is amended to read as follows: 3051. Powers of certain investigators and officers of the Department of Justice. . (e) Amendment to the National Drug Control Policy Reauthorization Act of 1998 Section 716(c)(1)(B) of the National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1714(c)(1)(B)) is amended by striking Agency, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and inserting Administration . (f) Amendments to the Internal Revenue Code of 1986 (1) Section 6103(i)(8)(A) of the Internal Revenue Code of 1986 ( 26 U.S.C. 6103(i)(8)(A) ) is amended by striking making— and all that follows through (ii) . (2) Section 7801(a)(2)(A) of such Code ( 26 U.S.C. 7801(a)(2)(A) ) is amended by striking Bureau of Alcohol, Tobacco, Firearms, and Explosives and inserting Federal Bureau of Investigation . (g) Amendments to title 28, United States Code (1) Section 530C(b)(2) of title 28, United States Code, is amended by striking for the Bureau of Alcohol, Tobacco, Firearms, and Explosives, each place it appears. (2) Chapter 40A of such title (28 U.S.C. 599A–599B) is repealed. (3) Section 2006(2) of such title is amended by striking , the Director, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice, . (h) Amendments to the Violence Against Women and Department of Justice Reauthorization Act of 2005 Section 1107(a) of Violence Against Women and Department of Justice Reauthorization Act of 2005 (28 U.S.C. 534 note) is amended by striking paragraph (2) and redesignating paragraphs (3) through (13) as paragraphs (2) through (12), respectively. (i) Amendments to title 31, United States Code (1) (A) Section 713 of title 31, United States Code, is amended— (i) in the section heading, by striking Service, Tax and Trade Bureau, and Bureau of Alcohol, Tobacco, Firearms, and Explosives and inserting Service and Tax and Trade Bureau ; (ii) in subsection (a), by striking , and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice of the Department of the Treasury ; and (iii) in subsection (b)— (I) in each of paragraphs (2) and (3), by striking either and inserting the ; and (II) in paragraph (2), by striking , the Tax and Trade Bureau, Department of the Treasury, and the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice and inserting and the Tax and Trade Bureau, Department of the Treasury . (B) The item relating to section 713 in the table of sections for chapter 7 of such title is amended to read as follows: 713. Audit of Internal Revenue Service and Tax and Trade Bureau. . (2) Section 1344(b)(6) of such title is amended by striking Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives . (j) Amendment to the Justice Assistance Act of 1984 Section 609N(2) of the Justice Assistance Act of 1984 ( 42 U.S.C. 10502(2) ) is amended— (1) by adding and at the end of subparagraph (L); and (2) by striking subparagraph (M) and redesignating subparagraph (N) as subparagraph (M). (k) Amendment to the Violent Crime Control and Law Enforcement Act of 1994 Section 32401(a)(3)(B) of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13921(a)) is amended by striking Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice and inserting Federal Bureau of Investigation . (l) Amendment to title 49, United States Code Section 80304(d) of title 49, United States Code, is amended by striking Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice and inserting Drug Enforcement Administration . 11. Effective date This Act (except sections 2 and 3) and the amendments made by this Act shall take effect 1 year after the date of the enactment of this Act.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5522ih/xml/BILLS-113hr5522ih.xml
|
113-hr-5523
|
I 113th CONGRESS 2d Session H. R. 5523 IN THE HOUSE OF REPRESENTATIVES September 17, 2014 Ms. Slaughter (for herself and Mr. Jones ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Employee Retirement Income Security Act of 1974 and the National Labor Relations Act to protect the health benefits of retirees, and for other purposes.
1. Short title This Act may be cited as the Employee Benefits Protection Act of 2014 . 2. Notification of extent to which health benefits can be modified or terminated (a) Inclusion in summary plan description Section 102(b) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1022 ) is amended by inserting ; in the case of a group health plan (as so defined), whether the provisions of the plan permit the plan sponsor or any employer participating in the plan to unilaterally modify or terminate the benefits under the plan with respect to employees, retired employees, and beneficiaries, and when and to what extent benefits under the plan are fully vested with respect to employees, retired employees, and beneficiaries after the name and address of such issuer . (b) Presumption that retired employee health benefits cannot be modified or terminated Section 502 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1132 ) is amended by adding at the end the following new subsection: (n) In the case of a suit brought under this title by a participant or beneficiary relating to benefits of a retired employee or the dependents of a retired employee under a group health plan (as defined in section 733(a)(1)), the presumption for purposes of such suit shall be that as of the date an employee retires or completes 20 years of service with the employer, benefits available under the plan during retirement of the employee are fully vested and cannot be modified or terminated for the life of the employee or, if longer, the life of the employee's spouse. This presumption can be overcome only upon a showing, by clear and convincing evidence, that the terms of the group health plan allow for a modification or termination of benefits available under the plan and that the employee, prior to becoming a participant in the plan, was made aware, in clear and unambiguous terms, that the plan allowed for such modification or termination of benefits. . 3. Protection of retirees under certain collectively bargained agreements Section 8 of the National Labor Relations Act ( 29 U.S.C. 158 ) is amended by adding at the end the following: (h) It shall be an unfair labor practice for any labor organization and any employer to enter into any contract or agreement, express or implied, whereby the organization and employer agree to modify the terms of any previous agreement in a manner that would result in a reduction or termination of retiree health insurance benefits provided to an employee or a dependent of an employee under the previous agreement, if such modification of the terms of the previous agreement occurs after the date on which the employee retires. . 4. Comptroller General report (a) In general Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the strategies that corporations use to avoid obligations to pay promised employee and retiree benefits. (b) Contents The report under subsection (a) shall include a discussion of— (1) the use of spin-offs, mergers, subsidiaries, bankruptcies, asset sales, and other strategies to avoid obligations to pay promised employee and retiree benefits; (2) the impact of such avoidance on the financial, physical, and mental well-being of employees and retirees; (3) the impact on Federal and State budgets when employers terminate or reduce the benefits of employees and retirees, including the costs that are incurred when employees and retirees seek assistance from Federal and State government programs and services as a result of the termination or reduction of their employment-related benefits; and (4) recommendations to prevent corporations from evading contractual obligations to pay employee and retiree benefits.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5523ih/xml/BILLS-113hr5523ih.xml
|
113-hr-5524
|
I 113th CONGRESS 2d Session H. R. 5524 IN THE HOUSE OF REPRESENTATIVES September 17, 2014 Ms. Speier (for herself, Ms. DeGette , Ms. Slaughter , Ms. DeLauro , Ms. Brown of Florida , Mr. Rangel , Ms. Clark of Massachusetts , Mr. McGovern , Ms. Jackson Lee , Mr. Grijalva , Ms. DelBene , Mrs. Napolitano , Ms. McCollum , Mr. Hastings of Florida , Ms. Norton , Mrs. Capps , Ms. Clarke of New York , Mr. Blumenauer , Mr. DeFazio , Ms. Lofgren , Ms. Linda T. Sánchez of California , Mr. Larsen of Washington , Ms. Moore , Ms. Hahn , Mr. Carson of Indiana , Mr. Cicilline , Ms. Lee of California , Mr. Bera of California , Mr. Cohen , Mr. Quigley , Ms. Pingree of Maine , Mr. Ellison , Ms. Castor of Florida , Mr. Delaney , Ms. Tsongas , Ms. Bonamici , Mr. Loebsack , Ms. Matsui , Mr. Honda , Mr. Pocan , Ms. Chu , Mrs. Carolyn B. Maloney of New York , Mr. Himes , Mr. Lowenthal , Mr. Ruiz , Mr. Kilmer , Mr. Peters of California , Ms. Kuster , Ms. Brownley of California , Mr. Bishop of New York , Ms. Esty , Ms. Schakowsky , Mr. Takano , Mr. Johnson of Georgia , Ms. Titus , Ms. Shea-Porter , Ms. Wasserman Schultz , Ms. Fudge , Mr. Sherman , Mr. Brady of Pennsylvania , and Mr. Thompson of California ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to ensure that women members of the Armed Forces and their families have access to the contraception they need in order to promote the health and readiness of all members of the Armed Forces, and for other purposes.
1. Short title This Act may be cited as the Access to Contraception for Women Servicemembers and Dependents Act of 2014 . 2. Findings Congress makes the following findings: (1) Women are serving in the Armed Forces at increasing rates, playing a critical role in the national security of the United States. More than 350,000 women serve on active duty in the Armed Forces or in the Selected Reserve. (2) Nearly 10,000,000 members of the Armed Forces (including members of the National Guard and Reserves), military retirees, their families, their survivors, and certain former spouses, including nearly 5,000,000 female beneficiaries, are eligible for health care through the Department of Defense. (3) Contraception is critical for women's health and is highly effective at reducing unintended pregnancy. The Centers for Disease Control and Prevention describe contraception as one of the 10 greatest public health achievements of the twentieth century. (4) Contraception has played a direct role in the greater participation of women in education and employment. Increased wages and increased control over reproductive decisions provide women with educational and professional opportunities that have increased gender equality over the decades since contraception was introduced. (5) Studies have shown that when cost barriers to the full range of methods of contraception are eliminated, and women receive comprehensive counseling on the various methods of contraception (including highly effective Long-Acting Reversible Contraceptives (LARCs)), rates of unintended pregnancy decline dramatically. (6) Research has also shown that investments in effective contraception save public and private dollars. (7) The 2011 recommendations of the Institute of Medicine on women’s preventive health services include recommendations that health insurance plans cover all methods of contraception approved by the Food and Drug Administration, sterilization procedures, and patient education and counseling for all women with reproductive capacity without any cost-sharing requirements. (8) The recommendations described in paragraph (7) are reflected in provisions of the Patient Protection and Affordable Care Act ( Public Law 111–148 ), and thus group and individual health insurance plans must provide such coverage. The recommendations have also been adopted by the Office of Personnel Management, and thus all health insurance plans that are part of the Federal Employees Health Benefits Program must provide such coverage. (9) Under the TRICARE program, servicewomen on active duty have full coverage of all prescription drugs, including contraception, without cost-sharing requirements. However, servicewomen not on active duty, and female dependents of members of the Armed Forces, who receive health care through the TRICARE program do not have similar coverage of all prescription methods of contraception approved by the Food and Drug Administration without cost-sharing. (10) Studies indicate that servicewomen need comprehensive counseling for pregnancy prevention, particularly in their predeployment preparations, and the lack thereof is contributing to unintended pregnancies among servicewomen. (11) An analysis by Ibis Reproductive Health of the 2008 Survey of Health Related Behaviors among Active Duty Military Personnel found a high unintended pregnancy rate among servicewomen. Adjusting for the difference between age distribution in the Armed Forces and the general population, the rate of unintended pregnancy among servicewomen is higher than for the general population. (12) With the integrated use of electronic medical records throughout the Department of Defense, the technological infrastructure exists to develop clinical decision support tools. These tools, which are incorporated into the electronic medical record, allow for a point-of-care feedback loop that can be used to enhance patient decisionmaking, case and patient management, and care coordination. Benefits of clinical decision support tools include increased quality of care and enhanced health outcomes, improved efficiency, and provider and patient satisfaction. (13) The Defense Advisory Committee on Women in the Services (DACOWITS) has recommended that all the Armed Forces, to the extent that they have not already, implement initiatives that inform servicemembers of the importance of family planning, educate them on methods of contraception, and make various methods of contraception available, based on the finding that family planning can increase the overall readiness and quality of life of all members of the military. (14) Health care, including family planning for survivors of sexual assault in the Armed Forces is a critical issue. Servicewomen on active duty report rates of unwanted sexual contact at approximately 16 times those of the comparable general population of women in the United States. Through regulations, the Department of Defense already supports a policy of ensuring that servicewomen who are sexually assaulted have access to emergency contraception. 3. Contraception coverage parity under the TRICARE program (a) In general Section 1074d of title 10, United States Code, is amended— (1) in subsection (a), by inserting for members and former members after Services available ; (2) by redesignating subsection (b) as subsection (d); and (3) by inserting after subsection (a) the following new subsections: (b) Care related to prevention of pregnancy Female covered beneficiaries shall be entitled to care related to the prevention of pregnancy described by subsection (d)(3). (c) Prohibition on cost-Sharing for certain services Notwithstanding section 1074g(a)(6) of this title or any other provision of law, cost-sharing may not be imposed or collected for care related to the prevention of pregnancy provided pursuant to subsection (a) or (b), including for any method of contraception provided, whether provided through a facility of the uniformed services, the TRICARE retail pharmacy program, or the national mail-order pharmacy program. . (b) Care related to prevention of pregnancy Subsection (d)(3) of such section, as redesignated by subsection (a)(2) of this section, is further amended by inserting before the period at the end the following: (including all methods of contraception approved by the Food and Drug Administration, sterilization procedures, and patient education and counseling in connection therewith) . (c) Conforming amendment Section 1077(a)(13) of such title is amended by striking section 1074d(b) and inserting section 1074d(d) . 4. Access to broad range of methods of contraception approved by the Food and Drug Administration for members of the Armed Forces and military dependents at military treatment facilities (a) In general Commencing not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall ensure that every military treatment facility has a sufficient stock of a broad range of methods of contraception approved by the Food and Drug Administration, as recommended by the Centers for Disease Control and Prevention and the Office of Population Affairs of the Department of Health and Human Services, to be able to dispense at any time any such method of contraception to any women members of the Armed Forces and female covered beneficiaries who receive care through such facility. (b) Covered beneficiary defined In this section, the term covered beneficiary has the meaning given that term in section 1072(5) of title 10, United States Code. 5. Comprehensive standards and access to contraception counseling for members of the Armed Forces (a) Purpose The purpose of this section is to ensure that all health care providers employed by the Department of Defense who provide care for women members of the Armed Forces, including general practitioners, are provided, through clinical practice guidelines, the most current evidence-based and evidence-informed standards of care with respect to methods of contraception and counseling on methods of contraception. (b) Clinical practice guidelines (1) In general Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall compile clinical practice guidelines for health care providers described in subsection (a) on standards of care with respect to methods of contraception and counseling on methods of contraception for women members of the Armed Forces. (2) Sources The Secretary shall compile clinical practice guidelines under this subsection from among clinical practice guidelines established by appropriate health agencies and professional organizations, including the following: (A) The United States Preventive Services Task Force. (B) The Centers for Disease Control and Prevention. (C) The Office of Population Affairs of the Department of Health and Human Services. (D) The American College of Obstetricians and Gynecologists. (E) The Association of Reproductive Health Professionals. (F) The American Academy of Family Physicians. (G) The Agency for Healthcare Research and Quality. (3) Updates The Secretary shall from time to time update the list of clinical practice guidelines compiled under this subsection to incorporate into such guidelines new or updated standards of care with respect to methods of contraception and counseling on methods of contraception. (4) Dissemination (A) Initial dissemination As soon as practicable after the compilation of clinical practice guidelines pursuant to paragraph (1), but commencing not later than one year after the date of the enactment of this Act, the Secretary shall provide for rapid dissemination of the clinical practice guidelines to health care providers described in subsection (a). (B) Updates As soon as practicable after the adoption under paragraph (3) of any update to the clinical practice guidelines compiled pursuant to this subsection, the Secretary shall provide for the rapid dissemination of such clinical practice guidelines, as so updated, to health care providers described in subsection (a). (C) Protocols Clinical practice guidelines, and any updates to such guidelines, shall be disseminated under this paragraph in accordance with administrative protocols developed by the Secretary for that purpose. (c) Clinical decision support tools (1) In general Not later than one year after the date of the enactment of this Act, the Secretary shall, in order to assist health care providers described in subsection (a), develop and implement clinical decision support tools that reflect, through the clinical practice guidelines compiled pursuant to subsection (b), the most current evidence-based and evidence-informed standards of care with respect to methods of contraception and counseling on methods of contraception. (2) Updates The Secretary shall from time to time update the clinical decision support tools developed under this subsection to incorporate into such tools new or updated guidelines on methods of contraception and counseling on methods of contraception. (3) Dissemination Clinical decision support tools, and any updates to such tools, shall be disseminated under this subsection in accordance with administrative protocols developed by the Secretary for that purpose. Such protocols shall be similar to the administrative protocols developed under subsection (b)(4)(C). (d) Access to contraception counseling As soon as practicable after the date of the enactment of this Act, the Secretary shall ensure that women members of the Armed Forces have access to counseling on the full range of methods of contraception provided by health care providers described in subsection (a) during health care visits, including, but not limited to, visits as follows: (1) During predeployment health care visits, with the counseling to be provided during such visits emphasizing the interaction between anticipated deployment conditions and various methods of contraception. (2) During health care visits during deployment. (3) During annual physical examinations. (e) Incorporation into surveys of questions on servicewomen experiences with family planning services and counseling (1) In general Not later than 90 days after the date of the enactment of this Act, the Secretary shall integrate into the Department of Defense surveys specified in paragraph (2) questions designed to obtain information on the experiences of women members of the Armed Forces— (A) in accessing family planning services and counseling; (B) in using family planning methods, which method was preferred and whether deployment conditions affected the decision on which family planning method or methods to be used; and (C) if pregnant, whether the pregnancy was intended. (2) Covered surveys The surveys into which questions shall be integrated as described in paragraph (1) are the following: (A) The Health Related Behavior Survey of Active Duty Military Personnel. (B) The Health Care Survey of Department of Defense Beneficiaries. 6. Education on family planning for members of the Armed Forces (a) Education program (1) In general Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall establish an education program for all members of the Armed Forces, including both men and women members, consisting of a uniform standard curriculum on family planning. (2) Sense of Congress It is the sense of Congress that the standard curriculum should use the latest technology available to efficiently and effectively deliver information to members of the Armed Forces. (b) Elements The standard curriculum under subsection (a) shall include the following: (1) Information on the importance of providing comprehensive family planning for members of the Armed Forces, and their commanding officers, and on the positive impact family planning can have on the health and readiness of the Armed Forces. (2) Current, medically accurate information. (3) Clear, user-friendly information on the full range of methods of contraception and where members of the Armed Forces can access their chosen method of contraception. (4) Information on all applicable laws and policies so that members are informed of their rights and obligations. (5) Information on patients’ rights to confidentiality. (6) Information on the unique circumstances encountered by members of the Armed Forces, and the effects of such circumstances on the use of contraception. 7. Pregnancy prevention assistance at military treatment facilities for women who are sexual assault survivors (a) Purpose The purpose of this section is to provide in statute, and to enhance, existing regulations that require health care providers at military treatment facilities to consult with survivors of sexual assault once clinically stable regarding options for emergency contraception and any necessary follow-up care, including the provision of the emergency contraception. (b) In general The assistance specified in subsection (c) shall be provided at every military treatment facility to the following: (1) Any woman who presents at a military treatment facility and states to personnel of the facility that she is a victim of sexual assault or is accompanied by another individual who states that the woman is a victim of sexual assault. (2) Any woman who presents at a military treatment facility and is reasonably believed by personnel of such facility to be a survivor of sexual assault. (c) Assistance (1) In general The assistance specified in this subsection shall include the following: (A) The prompt provision by appropriate staff of the military treatment facility of comprehensive, medically and factually accurate, and unbiased written and oral information about all methods of emergency contraception approved by the Food and Drug Administration. (B) The prompt provision by such staff of emergency contraception to a woman upon her request. (C) Notification to the woman of her right to confidentiality in the receipt of care and services pursuant to this section. (2) Nature of information The information provided pursuant to paragraph (1)(A) shall be provided in language that is clear and concise, is readily comprehensible, and meets such conditions (including conditions regarding the provision of information in languages other than English) as the Secretary may provide in the regulations under this section.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5524ih/xml/BILLS-113hr5524ih.xml
|
113-hr-5525
|
I 113th CONGRESS 2d Session H. R. 5525 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Ms. Slaughter (for herself, Mr. Duncan of Tennessee , and Mr. Walz ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Lobbying Disclosure Act of 1995 to require the disclosure of political intelligence activities, to amend title 18, United States Code, to provide for restrictions on former officers, employees, and elected officials of the executive and legislative branches regarding political intelligence contacts, and for other purposes.
1. Short title This Act may be cited as the Political Intelligence Transparency Act of 2014 . 2. Disclosure of political intelligence activities under lobbying disclosure act (a) Definitions Section 3 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1602 ) is amended— (1) in paragraph (2)— (A) by inserting after lobbying activities each place that term appears the following: or political intelligence activities ; and (B) by inserting after lobbyists the following: or political intelligence consultants ; and (2) by adding at the end the following new paragraphs: (17) Political intelligence activities The term political intelligence activities means political intelligence contacts and efforts in support of such contacts, including preparation and planning activities, research, and other background work that is intended, at the time it is performed, for use in contacts, and coordination with such contacts and efforts of others. (18) Political intelligence contact (A) Definition The term political intelligence contact means any oral or written communication (including an electronic communication) to a covered executive branch official or a covered legislative branch official, the information derived from which is for use in analyzing the markets for securities, commodities for future delivery, swaps, or security-based swaps, or in informing investment decisions in any such market, and which is made on behalf of a client with regard to— (i) the formulation, modification, or adoption of Federal legislation (including legislative proposals); (ii) the formulation, modification, or adoption of a Federal rule, regulation, Executive order, or any other program, policy, or position of the United States Government; (iii) the administration or execution of a Federal program or policy (including the negotiation, award, or administration of a Federal contract, grant, loan, permit, or license); or (iv) the nomination or confirmation of a person for a position subject to confirmation by the Senate. (B) Exception The term political intelligence contact does not include a communication that is— (i) made by a representative of a media organization (as such term is defined in this subsection) if the purpose of the communication is gathering and disseminating news and information to the public; (ii) made in a speech, article, publication or other material that is distributed and made available to the public, or through radio, television, cable television, or other medium of mass communication; (iii) made on behalf of a government of a foreign country or a foreign political party and disclosed under the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611 et seq. ); (iv) a request for a meeting, a request for the status of an action, or any other similar administrative request, if the request does not include an attempt to influence a covered executive branch official or a covered legislative branch official; (v) made in the course of participation in an advisory committee subject to the Federal Advisory Committee Act; (vi) testimony given before a committee, subcommittee, or task force of the Congress, or submitted for inclusion in the public record of a hearing conducted by such committee, subcommittee, or task force; (vii) information provided in writing in response to an oral or written request by a covered executive branch official or a covered legislative branch official for specific information; (viii) required by subpoena, civil investigative demand, or otherwise compelled by statute, regulation, or other action of the Congress or an agency, including any communication compelled by a Federal contract, grant, loan, permit, or license; (ix) made in response to a notice in the Federal Register, Commerce Business Daily, or other similar publication soliciting communications from the public and directed to the agency official specifically designated in the notice to receive such communications; (x) not possible to report without disclosing information, the unauthorized disclosure of which is prohibited by law; (xi) made to an official in an agency with regard to— (I) a judicial proceeding or a criminal or civil law enforcement inquiry, investigation, or proceeding; or (II) a filing or proceeding that the Government is specifically required by statute or regulation to maintain or conduct on a confidential basis, if that agency is charged with responsibility for such proceeding, inquiry, investigation, or filing; (xii) made in compliance with written agency procedures regarding an adjudication conducted by the agency under section 554 of title 5, United States Code, or substantially similar provisions; (xiii) a written comment filed in the course of a public proceeding or any other communication that is made on the record in a public proceeding; (xiv) a petition for agency action made in writing and required to be a matter of public record pursuant to established agency procedures; (xv) made on behalf of an individual with regard to that individual's benefits, employment, or other personal matters involving only that individual, except that this clause does not apply to any communication with— (I) a covered executive branch official, or (II) a covered legislative branch official (other than the individual's elected Members of Congress or employees who work under such Members' direct supervision), with respect to the formulation, modification, or adoption of private legislation for the relief of that individual; (xvi) a disclosure by an individual that is protected under the amendments made by the Whistleblower Protection Act of 1989, under the Inspector General Act of 1978, or under another provision of law; (xvii) made by— (I) a church, its integrated auxiliary, or a convention or association of churches that is exempt from filing a Federal income tax return under paragraph (2)(A)(i) of section 6033(a) of the Internal Revenue Code of 1986, or (II) a religious order that is exempt from filing a Federal income tax return under paragraph (2)(A)(iii) of such section 6033(a); and (xviii) between— (I) officials of a self-regulatory organization (as defined in section 3(a)(26) of the Securities Exchange Act) that is registered with or established by the Securities and Exchange Commission as required by that Act or a similar organization that is designated by or registered with the Commodities Future Trading Commission as provided under the Commodity Exchange Act; and (II) the Securities and Exchange Commission or the Commodities Future Trading Commission, respectively; relating to the regulatory responsibilities of such organization under that Act. (19) Political intelligence firm The term political intelligence firm means a person or entity that has 1 or more employees who are political intelligence consultants to a client other than that person or entity. (20) Political intelligence consultant The term political intelligence consultant means any individual who is employed or retained by a client for financial or other compensation for services that include one or more political intelligence contacts, including an individual who provides brokerage and research services under section 28(e) of the Securities Exchange Act of 1934. (21) Security The term security has the meaning given such term in section 3(a)(10) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(10)). (22) Security-based swap The term security-based swap has the meaning given such term in section 3(a)(68) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(68)). (23) Commodity The term commodity has the meaning given such term in section 1a(9) of the Commodity Exchange Act ( 7 U.S.C. 1a(9) ). (24) Swap The term swap has the meaning given such term in section 1a(47) of the Commodity Exchange Act ( 7 U.S.C. 1a(47) ). . (b) Registration requirement Section 4 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1603 ) is amended— (1) in subsection (a)— (A) by amending paragraph (1) to read as follows: (1) General rule A lobbyist or a political intelligence consultant (or, as provided under paragraph (2), the organization employing such lobbyist or consultant), shall register with the Secretary of the Senate and the Clerk of the House of Representatives— (A) no later than 45 days after— (i) the lobbyist first makes a lobbying contact or is employed or retained to make a lobbying contact, whichever is earlier; or (ii) the political intelligence consultant first makes a political intelligence contact or is employed or retained to make a political intelligence contact, whichever is earlier; or (B) on the first business day after such 45th day if the 45th day is not a business day. ; (B) in paragraph (2), by inserting after lobbyists each place that term appears the following: or political intelligence consultants ; and (C) in paragraph (3)(A)— (i) in clause (i)— (I) by inserting after lobbying activities the following: and political intelligence activities ; and (II) by inserting after lobbying firm the following: or political intelligence firm ; and (ii) in clause (ii)— (I) by inserting after lobbying activities the following: and political intelligence activities ; and (II) by inserting after lobbying activities the following: or political intelligence activities ; (2) in subsection (b)— (A) in paragraph (3), by inserting after lobbying activities each place that term appears the following: or political intelligence activities ; (B) in paragraph (4)— (i) in the matter preceding subparagraph (A), by inserting after lobbying activities the following: or political intelligence activities ; and (ii) in subparagraph (C), by inserting after lobbying activity the following: or political intelligence activity ; (C) in paragraph (5), by inserting after lobbying activities each place that term appears the following: or political intelligence activities ; and (D) in the matter following paragraph (6), by inserting or political intelligence activities after such lobbying activities ; (3) in subsection (c)— (A) in paragraph (1), by inserting after lobbying contacts the following: or political intelligence contacts ; (B) in paragraph (2)— (i) by inserting after lobbying contact the following: or political intelligence contact ; and (ii) by inserting after lobbying contacts the following: and political intelligence contacts ; and (C) by inserting after paragraph (2), the following new paragraph: (3) Rule of construction Any threshold dollar amount or percentage described in subsection (b) relates to the sum of the income, contributions, or percent equitable ownership related to lobbying activities plus the income, contributions, or percent equitable ownership related to political intelligence activities. ; and (4) in subsection (d), by inserting after lobbying activities each place that term appears the following: or political intelligence activities . (c) Reports by registered political intelligence consultants Section 5 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1604 ) is amended— (1) in subsection (a), by inserting after lobbying activities the following: and political intelligence activities ; (2) in subsection (b)— (A) in paragraph (2)— (i) in the matter preceding subparagraph (A), by inserting after lobbying activities the following: or political intelligence activities ; (ii) in subparagraph (A)— (I) by inserting after lobbyist the following: or political intelligence consultant ; and (II) by inserting after lobbying activities the following: or political intelligence activities ; (iii) in subparagraph (B), by inserting after lobbyists the following: and political intelligence consultants ; and (iv) in subparagraph (C), by inserting after lobbyists the following: or political intelligence consultants ; (B) in paragraph (3)— (i) by inserting after lobbying firm the following: or political intelligence firm ; and (ii) by inserting after lobbying activities each place that term appears the following: or political intelligence activities ; and (C) in paragraph (4), by inserting after lobbying activities each place that term appears the following: or political intelligence activities ; and (3) in subsection (d)(1), in the matter preceding subparagraph (A), by inserting or a political intelligence consultant after a lobbyist . (d) Disclosure and enforcement Section 6(a) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1605 ) is amended— (1) in paragraph (3)(A), by inserting after lobbying firms the following: , political intelligence consultants, political intelligence firms, ; (2) in paragraph (7), by striking or lobbying firm and inserting lobbying firm, political intelligence consultant, or political intelligence firm ; and (3) in paragraph (8), by striking or lobbying firm and inserting lobbying firm, political intelligence consultant, or political intelligence firm . (e) Rules of construction Section 8(b) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1607(b) ) is amended by striking or lobbying contacts and inserting lobbying contacts, political intelligence activities, or political intelligence contacts . (f) Identification of clients and covered officials Section 14 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1609 ) is amended— (1) in subsection (a)— (A) in the heading, by inserting or Political Intelligence after Lobbying ; (B) by inserting or political intelligence contact after lobbying contact each place that term appears; and (C) in paragraph (2), by inserting or political intelligence activity, as the case may be after lobbying activity ; (2) in subsection (b)— (A) in the heading, by inserting or Political Intelligence after Lobbying ; (B) by inserting or political intelligence contact after lobbying contact each place that term appears; and (C) in paragraph (2), by inserting or political intelligence activity, as the case may be after lobbying activity ; and (3) in subsection (c), by inserting or political intelligence contact after lobbying contact . (g) Annual audits and reports by comptroller general Section 26 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1614 ) is amended— (1) in subsection (a)— (A) by inserting political intelligence firms, political intelligence consultants, after lobbying firms ; and (B) by striking lobbying registrations and inserting registrations ; (2) in subsection (b)(1)(A), by inserting political intelligence firms, political intelligence consultants, after lobbying firms ; and (3) in subsection (c), by inserting or political intelligence consultant after a lobbyist . 3. Restrictions on former officers, employees, and elected officials of the executive and legislative branches regarding political intelligence contacts Section 207 of title 18, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (1), by inserting after with the intent to influence, the following: or with the intent to gain information for use in analyzing securities or commodities markets, or in informing investment decisions in securities or commodities markets, ; and (B) in paragraph (2), by inserting after with the intent to influence, the following: or with the intent to gain information for use in analyzing securities or commodities markets, or in informing investment decisions in securities or commodities markets, ; (2) in subsection (c)(1), by inserting after with the intent to influence, the following: or with the intent to gain information for use in analyzing securities or commodities markets, or in informing investment decisions in securities or commodities markets, ; (3) in subsection (d)(1), by inserting after with the intent to influence, the following: or with the intent to gain information for use in analyzing securities or commodities markets, or in informing investment decisions in securities or commodities markets, ; (4) in subsection (e), by inserting after with the intent to influence, each place it appears the following: or with the intent to gain information for use in analyzing securities or commodities markets, or in informing investment decisions in securities or commodities markets, ; (5) in subsection (i)(1), by inserting after with the intent to influence, each place it appears the following: or with the intent to gain information for use in analyzing securities or commodities markets, or in informing investment decisions in securities or commodities markets, ; and (6) in subsection (j), by adding at the end the following: (8) Representative of a media organization The restrictions contained in this section relating to a communication made with the intent to gain information for use in analyzing securities or commodities markets, or in informing investment decisions in securities or commodities markets shall not apply to a communication made by a representative of a media organization (as such term is defined in section 3 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1602 )), if the purpose of the communication is gathering and disseminating news and information to the public. . 4. Effective date The amendments made by this Act shall apply with respect to any political intelligence contact (as defined in section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602), as added by section 2 of this Act) that is made on or after the 90th day after the date of the enactment of this Act.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5525ih/xml/BILLS-113hr5525ih.xml
|
113-hr-5526
|
I 113th CONGRESS 2d Session H. R. 5526 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Ms. Esty (for herself and Mr. Collins of New York ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To emphasize manufacturing in engineering programs by directing the National Institute of Standards and Technology, in coordination with other appropriate Federal agencies including the Department of Defense, Department of Energy, and National Science Foundation, to designate United States manufacturing universities.
1. Short title This Act may be cited as the Manufacturing Universities Act of 2014 . 2. Manufacturing Universities (a) Definitions In this section: (1) Director The term Director means the Director of the Institute of Standards and Technology. (2) Institution of higher education The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (3) Manufacturing industry The term manufacturing industry means an industry defined in North American Industry Classification System codes 31, 32, and 33. (4) United States manufacturing university The term United States manufacturing university means an institution of higher education that receives a designation from the Director under subsection (b)(1). (b) Manufacturing university program (1) Authorization The Director is authorized to establish a program to designate an institution of higher education as a United States manufacturing university. The Director, in coordination with the heads of other Federal agencies (including the Secretary of Defense, the Secretary of Energy, and the Director of the National Science Foundation), shall designate not more than 25 institutions of higher education as United States manufacturing universities. The Director shall award designations not earlier than January 1, 2015, and not later than March 31, 2015. (2) Funds provided An institution of higher education that receives a designation under paragraph (1) shall be awarded $5,000,000 for each fiscal year for a 4-year period beginning in the fiscal year in which the institution of higher education receives the designation under paragraph (1). (3) Use of funds Funds provided to an institution of higher education under this subsection shall be used to carry out the goals and meet the targets described in subsection (c)(2)(B). (c) Application (1) In general An institution of higher education desiring a designation under subsection (b)(1) shall submit an application to the Director at such time, in such manner, and accompanied by such information as the Director may reasonably require. (2) Contents Each application submitted pursuant to paragraph (1) shall— (A) submit data describing, as of the date of submission of the application— (i) the engineering programs offered by the institution of higher education, including any focus on manufacturing engineering and curricula related to manufacturing industries; (ii) current joint projects relating to engineering between firms in the manufacturing industry and the institution of higher education; (iii) the percentage of students in the engineering program of the institution of higher education who participated in for-credit internship, cooperative education, or other similar programs with manufacturing firms in the most recent academic year for which information is available; (iv) the percentage of students enrolled at the institution of higher education who received a bachelor’s degree, a master’s degree, or a doctoral degree in engineering in the most recent academic year for which information is available, and a description of which engineering discipline each recipient of such degree studied; (v) the amount and purpose of research and development funding that manufacturing firms have provided to the institution of higher education for each of the 3 years preceding the date of submission of the application; (vi) the percentage of recent master’s degree or doctoral degree graduates of the institution of higher education who have begun careers related to manufacturing and a description of— (I) the institution's involvement in manufacturing startups; and (II) any new manufacturing businesses created by recent master’s degree or doctoral degree graduates in the 3 years preceding the date of submission of the application; and (vii) the extent and a description of other programs at the institution of higher education related to manufacturing and entrepreneurship; and (B) submit a plan, including specific targets and goals to be achieved not later than 4 years after the date of designation under subsection (b)(1), describing— (i) how the engineering programs offered by the institution of higher education will be improved to emphasize manufacturing engineering and curricula related to manufacturing industries; (ii) how the institution of higher education will increase the number of joint projects relating to engineering between manufacturing firms and the institution of higher education; (iii) how the institution of higher education will increase the number of students in the engineering program of the institution who participate in for-credit internship, cooperative education, or other similar programs in manufacturing firms; (iv) how the institution of higher education will increase the number of students who are United States citizens or permanent residents enrolled at the institution who receive a bachelor’s degree, a master’s degree, or a doctoral degree in engineering or applied science, in particular disciplines related to manufacturing, including chemical, electrical, mechanical, industrial, mechatronics, computer, biomedical, and nano engineering, as well as materials science, computer science, and applied mathematics; (v) how the institution of higher education will cover the costs of equipment and facilities related to its proposal and how it will increase funding from industry for research and development related to manufacturing; (vi) how the institution of higher education will increase the number of students who receive a degree from the institution of higher education who launch a new manufacturing business, as defined by the Bureau of Economic Analysis as the North American Industry Classification System code 3111 to 3399; (vii) how the institution of higher education will oversee interdisciplinary programs relating to advancing manufacturing productivity and innovation across various university colleges, departments, and programs; (viii) how the institution of higher education will designate an appropriate individual to oversee and coordinate the activities committed to as a part of the universities outlined manufacturing university plan who may be designated as a Chief Manufacturing Officer ; (ix) how the manufacturing engineering program can positively impact local and regional economic development; and (x) how the participating institutions and departments, particularly within engineering and business, will recognize and reward faculty, including through decisions of tenure, for developing innovative new means to increase interactions with manufacturing companies. (d) Administration of program (1) General policies The Director shall establish and publish general policies regarding— (A) review of applications; (B) criteria for selection of institutions of higher education to receive a designation under subsection (b)(1); (C) procedures and criteria for the review required in paragraph (2); and (D) such other matters as the Director may prescribe. (2) Review (A) In general Not later than 2 years after the date an institution of higher education receives a designation under subsection (b)(1), the Director shall conduct a review of the progress the institution of higher education has made toward the targets and goals described in subsection (c)(2)(B). If the Director determines that the institution of higher education is making adequate progress toward such targets and goals, funds provided under subsection (b)(1) shall continue for the remainder of the designation period. (B) Progress report Each institution of higher education receiving a designation under subsection (b)(1) shall submit a report each year that includes information on the progress the institution is making toward the targets and goals described in subsection (c)(2)(B). (C) Renewal An institution of higher education receiving a designation under subsection (b)(1) shall not be eligible to receive funds under subsection (b)(2) after the expiration of the 4-year period. (3) Report required Not later than September 30 of each year, the Director shall submit to Congress a report that includes— (A) a list of the institutions of higher education that have received a designation under subsection (b)(1); and (B) a description of the progress such institutions of higher education have made toward the targets and goals described in subsection (c)(2)(B). (e) Assistance for small businesses Not later than 6 months after the date of enactment of this Act, the Director, in cooperation with the Administrator of the Small Business Administration, shall make recommendations on how the programs established under Phase III of the Small Business Act ( 15 U.S.C. 638 ), can be adapted to provide assistance to small businesses that collaborate with United States manufacturing universities. (f) Authorization of appropriations There are authorized to be appropriated $125,000,000 for each of fiscal years 2015, 2016, 2017, and 2018 to carry out the provisions of this section.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5526ih/xml/BILLS-113hr5526ih.xml
|
113-hr-5527
|
I 113th CONGRESS 2d Session H. R. 5527 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Ms. Esty (for herself and Ms. Eddie Bernice Johnson of Texas ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To authorize the National Science Foundation to support entrepreneurial programs for women.
1. Short title This Act may be cited as the Promoting Women in Entrepreneurship Act . 2. Findings The Congress finds that— (1) women make up almost 50 percent of the workforce, but less than 25 percent of the workforce in science, technology, engineering, and mathematics (STEM) professions; (2) women are less likely to focus on the STEM disciplines in undergraduate and graduate study; (3) only 26 percent of women who do attain degrees in STEM fields work in STEM jobs; (4) there is an increasing demand for individuals with STEM degrees to extend their focus beyond the laboratory so they can be leaders in discovery commercialization; (5) studies have shown that technology and commercialization ventures are more successful when women are in top management positions; and (6) the National Science Foundation’s mission includes supporting women in STEM disciplines. 3. Supporting women’s entrepreneurial programs Section 33 of the Science and Engineering Equal Opportunities Act ( 42 U.S.C. 1885a ) is amended— (1) by striking and at the end of paragraph (10); (2) by striking the period at the end of paragraph (11) and inserting ; and ; and (3) by adding at the end the following new paragraph: (12) support entrepreneurial programs that recruit and support women to extend their focus beyond the laboratory and into the commercial world. .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5527ih/xml/BILLS-113hr5527ih.xml
|
113-hr-5528
|
I 113th CONGRESS 2d Session H. R. 5528 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Camp (for himself and Mr. Levin ) 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 technical corrections, and for other purposes.
1. Short title; amendment of 1986 code; table of contents (a) Short title This Act may be cited as the Tax Technical Corrections Act of 2014 . (b) Amendment of 1986 Code 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 Internal Revenue Code of 1986. (c) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; amendment of 1986 code; table of contents. Sec. 2. Amendments relating to American Taxpayer Relief Act of 2012. Sec. 3. Amendment relating to Middle Class Tax Relief and Job Creation Act of 2012. Sec. 4. Amendment relating to FAA Modernization and Reform Act of 2012. Sec. 5. Amendments relating to Regulated Investment Company Modernization Act of 2010. Sec. 6. Amendments relating to Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010. Sec. 7. Amendments relating to Creating Small Business Jobs Act of 2010. Sec. 8. Clerical amendment relating to Hiring Incentives to Restore Employment Act. Sec. 9. Amendments relating to American Recovery and Reinvestment Tax Act of 2009. Sec. 10. Amendments relating to Energy Improvement and Extension Act of 2008. Sec. 11. Amendments relating to Tax Extenders and Alternative Minimum Tax Relief Act of 2008. Sec. 12. Clerical amendments relating to Housing Assistance Tax Act of 2008. Sec. 13. Amendments and provision relating to Heroes Earnings Assistance and Relief Tax Act of 2008. Sec. 14. Amendments relating to Economic Stimulus Act of 2008. Sec. 15. Amendments relating to Tax Technical Corrections Act of 2007. Sec. 16. Amendment relating to Tax Relief and Health Care Act of 2006. Sec. 17. Amendment relating to Safe, Accountable, Flexible, Efficient Transportation Equity Act of 2005: A Legacy for Users. Sec. 18. Amendments relating to Energy Tax Incentives Act of 2005. Sec. 19. Amendments relating to American Jobs Creation Act of 2004. Sec. 20. Other clerical corrections. Sec. 21. Deadwood provisions. 2. Amendments relating to American Taxpayer Relief Act of 2012 (a) Amendment relating to section 101(b) Subclause (I) of section 642(b)(2)(C)(i) is amended by striking section 151(d)(3)(C)(iii) and inserting section 68(b)(1)(C) . (b) Amendment relating to section 102 Clause (ii) of section 911(f)(2)(B) is amended by striking described in section 1(h)(1)(B) shall be treated as a reference to such excess as determined and inserting described in section 1(h)(1)(B), and the reference in section 55(b)(3)(C)(ii) to the excess described in section 1(h)(1)(C)(ii), shall each be treated as a reference to each such excess as determined . (c) Amendments relating to section 104 (1) Clause (ii) of section 55(d)(4)(B) is amended by inserting subparagraphs (A), (B), and (D) of before paragraph (1) . (2) Subparagraph (C) of section 55(d)(4) is amended by striking increase and inserting increased amount . (d) Amendments relating to section 310 Clause (iii) of section 6431(f)(3)(A) is amended— (1) by striking 2011 and inserting years after 2010 , and (2) by striking of such allocation and inserting of any such allocation . (e) Amendment relating to section 331 Clause (iii) of section 168(k)(4)(J) is amended by striking any taxable year and inserting its first taxable year . (f) Effective date The amendments made by this section shall take effect as if included in the provision of the American Taxpayer Relief Act of 2012 to which they relate. 3. Amendment relating to Middle Class Tax Relief and Job Creation Act of 2012 (a) Amendment relating to section 7001 Paragraph (1) of section 7001 of the Middle Class Tax Relief and Job Creation Act of 2012 is amended by striking 201(b) and inserting 202(b) . (b) Effective date The amendment made by subsection (a) shall take effect as if included in section 7001 of the Middle Class Tax Relief and Job Creation Act of 2012. 4. Amendment relating to FAA Modernization and Reform Act of 2012 (a) Amendment relating to section 1107 Section 4281 is amended to read as follows: 4281. Small aircraft on nonestablished lines (a) In general The taxes imposed by sections 4261 and 4271 shall not apply to transportation by an aircraft having a maximum certificated takeoff weight of 6,000 pounds or less, except when such aircraft is operated on an established line or when such aircraft is a jet aircraft. (b) Maximum certificated takeoff weight For purposes of this section, the term maximum certificated takeoff weight means the maximum such weight contained in the type certificate or airworthiness certificate. (c) Sightseeing For purposes of this section, an aircraft shall not be considered as operated on an established line at any time during which such aircraft is being operated on a flight the sole purpose of which is sightseeing. (d) Jet aircraft For purposes of this section, the term jet aircraft shall not include any aircraft which is a rotorcraft or propeller aircraft. . (b) Effective date The amendment made by subsection (a) shall take effect as if included in section 1107 of the FAA Modernization and Reform Act of 2012. 5. Amendments relating to Regulated Investment Company Modernization Act of 2010 (a) Amendments relating to section 101 (1) Subsection (c) of section 101 of the Regulated Investment Company Modernization Act of 2010 is amended— (A) by striking paragraph (2) in paragraph (1) and inserting paragraphs (2) and (3) , and (B) by adding at the end the following new paragraph: (3) Excise tax (A) In general Except as provided in subparagraph (B), for purposes of section 4982 of the Internal Revenue Code of 1986, paragraphs (1) and (2) shall apply by substituting the 1-year periods taken into account under subsection (b)(1)(B) of such section with respect to calendar years beginning after December 31, 2010 for taxable years beginning after the date of the enactment of this Act . (B) Election A regulated investment company may elect to apply subparagraph (A) by substituting 2011 for 2010 . Such election shall be made at such time and in such form and manner as the Secretary of the Treasury (or the Secretary's delegate) shall prescribe. . (2) The first sentence of paragraph (2) of section 852(c) is amended— (A) by striking and without regard to and inserting , without regard to , and (B) by inserting , and without regard to any capital loss arising on the first day of the taxable year by reason of clauses (ii) and (iii) of section 1212(a)(3)(A) before the period at the end. (b) Amendment relating to section 304 Paragraph (1) of section 855(a) is amended by inserting on or before before . (c) Amendments relating to section 308 (1) Paragraph (8) of section 852(b) is amended by redesignating subparagraph (E) as subparagraph (G) and by striking subparagraphs (C) and (D) and inserting the following new subparagraphs: (C) Post-October capital loss For purposes of this paragraph, the term post-October capital loss means— (i) any net capital loss attributable to the portion of the taxable year after October 31, or (ii) if there is no such loss— (I) any net long-term capital loss attributable to such portion of the taxable year, or (II) any net short-term capital loss attributable to such portion of the taxable year. (D) Late-year ordinary loss For purposes of this paragraph, the term late-year ordinary loss means the sum of any post-October specified loss and any post-December ordinary loss. (E) Post-October specified loss For purposes of this paragraph, the term post-October specified loss means the excess (if any) of— (i) the specified losses (as defined in section 4982(e)(5)(B)(ii)) attributable to the portion of the taxable year after October 31, over (ii) the specified gains (as defined in section 4982(e)(5)(B)(i)) attributable to such portion of the taxable year. (F) Post-December ordinary loss For purposes of this paragraph, the term post-December ordinary loss means the excess (if any) of— (i) the ordinary losses not described in subparagraph (E)(i) and attributable to the portion of the taxable year after December 31, over (ii) the ordinary income not described in subparagraph (E)(ii) and attributable to such portion of the taxable year. . (2) Subparagraph (G) of section 852(b)(8), as so redesignated, is amended by striking , (D)(i)(I), and (D)(ii)(I) and inserting and (E) . (3) The first sentence of paragraph (2) of section 852(c), as amended by subsection (a), is amended— (A) by striking , and without regard to and inserting , without regard to , and (B) by inserting , and with such other adjustments as the Secretary may prescribe before the period at the end. (d) Amendments relating to section 402 (1) Subparagraph (B) of section 4982(e)(6) is amended by inserting before the period at the end the following: or which determines income by reference to the value of an item on the last day of the taxable year . (2) Subparagraph (A) of section 4982(e)(7) is amended by striking such company and all that follows through any net ordinary loss and inserting such company may elect to determine its ordinary income and net ordinary loss (as defined in paragraph (2)(C)(ii)) for the calendar year without regard to any portion of any net ordinary loss . (e) Clerical amendment relating to section 201 Subparagraph (A) of section 851(d)(2) is amended by inserting of this paragraph after subparagraph (B)(i) . (f) Effective date (1) In general Except as provided in paragraph (2), the amendments made by this section shall take effect as if included in the provision of the Regulated Investment Company Modernization Act of 2010 to which they relate. (2) Savings provision In the case of a regulated investment company which, before the date of the enactment of this Act, elected under paragraph (8) of section 852(b) of the Internal Revenue Code of 1986 (as in effect on the date of such election) for any taxable year ending before such date of enactment to treat any loss as arising in the following taxable year, the amendments made by paragraphs (1) and (2) of subsection (c) shall not apply with respect to such election. 6. Amendments relating to Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (a) Amendment relating to section 103 Clause (ii) of section 32(b)(3)(B) is amended by striking in 2010 and inserting after 2009 . (b) Clerical amendments relating to section 302 (1) Paragraph (1) of section 2801(a) is amended by striking (or, if greater, the highest rate of tax specified in the table applicable under section 2502(a) as in effect on the date) . (2) Subsection (f) of section 302 of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 is amended by striking subsection and inserting section . (c) Amendments relating to section 753 Subparagraph (A) of section 1397B(b)(1) is amended by striking and at the end of clause (ii), by striking the period at the end of clause (iii) and inserting , and , and by adding at the end the following new clause: (iv) January 1, 2014 were substituted for January 1, 2010 each place it appears. . (d) Effective date The amendments made by this section shall take effect as if included in the provisions of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 to which they relate. 7. Amendments relating to Creating Small Business Jobs Act of 2010 (a) Amendments relating to section 2102 (1) Subsection (h) of section 2102 of the Creating Small Business Jobs Act of 2010 is amended by inserting , and payee statements required to be furnished, after information returns required to be filed . (2) Paragraphs (1) and (2) of subsection (b), and subsection (c)(1)(C), of section 6722 are each amended by striking the required filing date and inserting the date prescribed for furnishing such statement . (3) Subparagraph (B) of section 6722(c)(2) is amended by striking filed and inserting furnished . (b) Effective date The amendments made by this section shall take effect as if included in the provision of the Creating Small Business Jobs Act of 2010 to which they relate. 8. Clerical amendment relating to Hiring Incentives to Restore Employment Act (a) Amendment relating to section 512 Paragraph (1) of section 512(a) of the Hiring Incentives to Restore Employment Act is amended by striking after paragraph (6) and inserting after paragraph (5) . (b) Effective date The amendment made by this section shall take effect as if included in the provision of the Hiring Incentives to Restore Employment Act to which it relates. 9. Amendments relating to American Recovery and Reinvestment Tax Act of 2009 (a) Amendment relating to section 1003 Paragraph (4) of section 24(d) is amended to read as follows: (4) Special rule for certain years In the case of any taxable year beginning after 2008 and before 2018, paragraph (1)(B)(i) shall be applied by substituting $3,000 for $10,000 . . (b) Amendment relating to section 1004 Paragraph (3) of section 25A(i) is amended by striking Subsection (f)(1)(A) shall be applied and inserting For purposes of determining the Hope Scholarship Credit, subsection (f)(1)(A) shall be applied . (c) Amendments relating to section 1008 (1) Paragraph (6) of section 164(b) is amended by striking subparagraph (E) and by redesignating subparagraphs (F) and (G) as subparagraphs (E) and (F), respectively. (2) Subparagraphs (E) and (F) of section 164(b)(6), as so redesignated, are each amended by striking This paragraph and inserting Subsection (a)(6) . (d) Amendment relating to section 1104 Subparagraph (A) of section 48(d)(3) is amended by inserting or alternative minimum taxable income after includible in the gross income . (e) Amendments relating to section 1141 (1) Subsection (f) of section 30D is amended— (A) by inserting (determined without regard to subsection (c)) before the period at the end of paragraph (1), and (B) by inserting (determined without regard to subsection (c)) before the period at the end of paragraph (2). (2) Paragraph (3) of section 30D(f) is amended by adding at the end the following: For purposes of subsection (c), property to which this paragraph applies shall be treated as of a character subject to an allowance for depreciation. . (f) Amendments relating to section 1142 (1) Subsection (b) of section 38 is amended by striking plus at the end of paragraph (35), by redesignating paragraph (36) as paragraph (37), and by inserting after paragraph (35) the following new paragraph: (36) the portion of the qualified plug-in electric vehicle credit to which section 30(c)(1) applies, plus . (2) (A) Subsection (e) of section 30 is amended— (i) by inserting (determined without regard to subsection (c)) before the period at the end of paragraph (1), and (ii) by inserting (determined without regard to subsection (c)) before the period at the end of paragraph (2). (B) Paragraph (3) of section 30(e) is amended by adding at the end the following: For purposes of subsection (c), property to which this paragraph applies shall be treated as of a character subject to an allowance for depreciation. . (g) Amendment relating to section 1302 Paragraph (3) of section 48C(b) is amended by inserting as the qualified investment after The amount which is treated . (h) Amendments related to section 1541 (1) Paragraph (2) of section 853A(a) is amended by inserting (determined after the application of this section) before the comma at the end. (2) Subsection (a) of section 853A is amended— (A) by striking with respect to credits and inserting with respect to some or all of the credits , and (B) by inserting (determined without regard to this section and sections 54(c), 54A(c)(1), 54AA(c)(1), and 1397E(c)) after credits allowable . (3) Subsection (b) of section 853A is amended to read as follows: (b) Effect of election If the election provided in subsection (a) is in effect with respect to any credits for any taxable year— (1) the regulated investment company— (A) shall not be allowed such credits, (B) shall include in gross income (as interest) for such taxable year the amount which would have been so included with respect to such credits had the application of this section not been elected, (C) shall include in earnings and profits the amount so included in gross income, and (D) shall be treated as making one or more distributions of money with respect to its stock equal to the amount of such credits on the date or dates (on or after the applicable date for any such credit) during such taxable year (or following the close of the taxable year pursuant to section 855) selected by the company, and (2) each shareholder of such investment company shall— (A) be treated as receiving such shareholder’s proportionate share of any distribution of money which is treated as made by such investment company under paragraph (1)(D), and (B) be allowed credits against the tax imposed by this chapter equal to the amount of such distribution, subject to the provisions of this title applicable to the credit involved. . (4) Subsection (c) of section 853A is amended to read as follows: (c) Notice to shareholders The amount treated as a distribution of money received by a shareholder under subsection (b)(2)(A) (and as credits allowed to such shareholder under subsection (b)(2)(B)) shall not exceed the amount so reported by the regulated investment company in a written statement furnished to such shareholder. . (5) Clause (ii) of section 853A(e)(1)(A) is amended by inserting other than a qualified bond described in section 54AA(g) after as defined in section 54AA(d)) . (i) Amendments relating to section 2202 (1) Subparagraph (A) of section 2202(b)(1) of division B of the American Recovery and Reinvestment Act of 2009 is amended by inserting political subdivision of a State, after any State, . (2) Section 2202 of division B of the American Recovery and Reinvestment Act of 2009 is amended by adding at the end the following new subsection: (e) Treatment of Possessions (1) Payments to mirror code possessions The Secretary of the Treasury shall pay to each possession of the United States with a mirror code tax system amounts equal to the loss to that possession by reason of credits allowed under subsection (a) with respect to taxable years beginning in 2009. Such amounts shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession. (2) Coordination with credit allowed against united states income taxes No credit shall be allowed against United States income taxes for any taxable year under this section to any person to whom a credit is allowed against taxes imposed by the possession by reason of the credit allowed under subsection (a) for such taxable year. (3) Definitions and special rules (A) Possession of the united states For purposes of this subsection, the term possession of the United States includes the Commonwealth of the Northern Mariana Islands. (B) Mirror code tax system For purposes of this subsection, the term mirror code tax system means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States. (C) Treatment of payments For purposes of section 1324(b)(2) of title 31, United States Code, the payments under this subsection shall be treated in the same manner as a refund due from the credit allowed under section 36A of the Internal Revenue Code of 1986 (as added by this Act). . (j) Clerical amendments (1) Amendment relating to section 1131 Paragraph (2) of section 45Q(d) is amended by striking Administrator of the Environmental Protection Agency and all that follows through shall establish and inserting Administrator of the Environmental Protection Agency, the Secretary of Energy, and the Secretary of the Interior, shall establish . (2) Amendment relating to section 1141 Paragraph (37) of section 1016(a) is amended by striking section 30D(e)(4) and inserting section 30D(f)(1) . (3) Amendment relating to section 3001 Subparagraph (A) of section 3001(a)(14) of the American Recovery and Reinvestment Act of 2009 is amended by striking is amended by redesignating paragraph (9) as paragraph (10) and inserting , as amended by this Act, is amended by redesignating paragraphs (9) and (10) as paragraphs (10) and (11), respectively, . (k) Effective date The amendments made by this section shall take effect as if included in the provisions of the American Recovery and Reinvestment Tax Act of 2009 to which they relate. 10. Amendments relating to Energy Improvement and Extension Act of 2008 (a) Amendment relating to section 108 Subparagraph (E) of section 45K(g)(2) is amended to read as follows: (E) Coordination with section 45 No credit shall be allowed with respect to any coke or coke gas which is produced using steel industry fuel (as defined in section 45(c)(7)) as feedstock if a credit is allowed to any taxpayer under section 45 with respect to the production of such steel industry fuel. . (b) Amendment relating to section 113 Paragraph (1) of section 113(b) of the Energy Improvement and Extension Act of 2008 is amended by adding at the end the following new subparagraph: (F) Trust Fund The term Trust Fund means the Black Lung Disability Trust Fund established under section 9501 of the Internal Revenue Code of 1986. . (c) Amendments relating to section 306 (1) Clause (ii) of section 168(i)(18)(A) is amended by striking 10 years and inserting 16 years . (2) Clause (ii) of section 168(i)(19)(A) is amended by striking 10 years and inserting 16 years . (d) Amendment relating to section 308 Clause (i) of section 168(m)(2)(B) is amended by striking section 168(k) and inserting subsection (k) (determined without regard to paragraph (4) thereof) . (e) Amendment relating to section 402 Subparagraph (A) of section 907(f)(4) is amended by striking this subsection shall be applied and all that follows through the period at the end and inserting the following: this subsection, as in effect on the day before the date of the enactment of the Energy Improvement and Extension Act of 2008, shall apply to unused oil and gas extraction taxes carried from such unused credit year to a taxable year beginning after December 31, 2008. . (f) Amendments relating to section 403 (1) Subsection (c) of section 1012 is amended— (A) by striking funds in the heading for paragraph (2) and inserting regulated investment companies , (B) by striking fund in the heading for paragraph (2)(B), and (C) by striking fund each place it appears in paragraph (2) and inserting regulated investment company . (2) Paragraph (1) of section 1012(d) is amended— (A) by striking December 31, 2010 and inserting December 31, 2011 , and (B) by striking an open-end fund and inserting a regulated investment company . (3) Paragraph (3) of section 1012(d) is amended to read as follows: (3) Separate accounts; election for treatment as single account (A) In general Rules similar to the rules of subsection (c)(2) shall apply for purposes of this subsection. (B) Average basis method Notwithstanding paragraph (1), in the case of an election under rules similar to the rules of subsection (c)(2)(B) with respect to stock held in connection with a dividend reinvestment plan, the average basis method is permissible with respect to all such stock without regard to the date of the acquisition of such stock. . (4) Subsection (g) of section 6045 is amended by adding at the end the following new paragraph: (6) Special rule for certain stock held in connection with dividend reinvestment plan For purposes of this subsection, stock acquired before January 1, 2012, in connection with a dividend reinvestment plan shall be treated as stock described in clause (ii) of paragraph (3)(C) (unless the broker with respect to such stock elects not to have this paragraph apply with respect to such stock). . (g) Clerical amendments (1) Amendment relating to section 108 Paragraph (2) of section 45(b) is amended by striking $3 amount and inserting $2 amount . (2) Amendment relating to section 306 Paragraph (5) of section 168(b) is amended by striking (2)(C) and inserting (2)(D) . (h) Effective date The amendments made by this section shall take effect as if included in the provisions of the Energy Improvement and Extension Act of 2008 to which they relate. 11. Amendments relating to Tax Extenders and Alternative Minimum Tax Relief Act of 2008 (a) Amendment relating to section 208 Subsection (b) of section 208 of the Tax Extenders and Alternative Minimum Tax Relief Act of 2008 is amended to read as follows: (b) Effective date (1) In general The amendment made by subsection (a) shall take effect on January 1, 2008. Notwithstanding the preceding sentence, such amendment shall not apply with respect to the withholding requirement under section 1445 of the Internal Revenue Code of 1986 for any payment made before October 4, 2008. (2) Amounts withheld on or before date of enactment In the case of a regulated investment company— (A) which makes a distribution after December 31, 2007, and before October 4, 2008, and (B) which would (but for the second sentence of paragraph (1)) have been required to withhold with respect to such distribution under section 1445 of such Code, such investment company shall not be liable to any person to whom such distribution was made for any amount so withheld and paid over to the Secretary of the Treasury. . (b) Amendments relating to section 305 Paragraphs (7)(B) and (8)(D) of section 168(e) are each amended by inserting which is not qualified leasehold improvement property after Property described in this paragraph . (c) Clerical amendments (1) Amendments relating to section 706 (A) Paragraph (2) of section 1033(h) is amended by inserting is before compulsorily . (B) Subclause (II) of section 172(b)(1)(F)(ii) is amended by striking subsection (h)(3)(C)(i) and inserting section 165(h)(3)(C)(i) . (C) The heading for paragraph (1) of section 165(h) is amended by striking $100 and inserting Dollar . (2) Amendment relating to section 709 Subsection (k) of section 143 is amended by redesignating the second paragraph (12) (relating to special rules for residences destroyed in Federally declared disasters) as paragraph (13). (3) Amendment relating to section 712 Section 712 of the Tax Extenders and Alternative Minimum Tax Relief Act of 2008 is amended by striking section 702(c)(1)(A) and inserting section 702(b)(1)(A) . (d) Effective date The amendments made by this section shall take effect as if included in the provisions of the Tax Extenders and Alternative Minimum Tax Relief Act of 2008 to which they relate. 12. Clerical amendments relating to Housing Assistance Tax Act of 2008 (a) Amendment relating to section 3002 Paragraph (1) of section 42(b) is amended by striking For purposes of this section, the term and inserting the following: For purposes of this section— (A) In general The term . (b) Amendment relating to section 3081 Clause (iv) of section 168(k)(4)(E) is amended by striking adjusted minimum tax and inserting adjusted net minimum tax . (c) Amendment relating to section 3092 Subsection (b) of section 121 is amended by redesignating the second paragraph (4) (relating to exclusion of gain allocated to nonqualified use) as paragraph (5). (d) Effective date The amendments made by this section shall take effect as if included in the provisions of the Housing Assistance Tax Act of 2008 to which they relate. 13. Amendments and provision relating to Heroes Earnings Assistance and Relief Tax Act of 2008 (a) Amendment relating to section 106 Paragraph (2) of section 106(c) of the Heroes Earnings Assistance and Relief Tax Act of 2008 is amended by striking substituting for and inserting substituting June 17, 2008 for . (b) Amendment relating to section 114 Paragraph (1) of section 125(h) is amended by inserting (and shall not fail to be treated as an accident or health plan) before merely . (c) Clerical amendments (1) Amendment relating to section 110 Subparagraph (B) of section 121(d)(12) is amended by inserting of paragraph (9) after and (D) . (2) Amendment relating to section 301 Paragraph (2) of section 877(e) is amended by striking subparagraph (A) or (B) of . (d) Effective date The amendments made by this section shall take effect as if included in the provisions of the Heroes Earnings Assistance and Relief Tax Act of 2008 to which they relate. 14. Amendments relating to Economic Stimulus Act of 2008 (a) Amendments relating to section 101 Paragraph (2) of section 6213(g) is amended— (1) by striking 32, or 6428 in subparagraph (L) and inserting or 32 , and (2) by striking and at the end of subparagraph (O), by striking the period at the end of subparagraph (P) and inserting , and , and by inserting after subparagraph (P) the following new subparagraph: (Q) an omission of a correct valid identification number required under section 6428(h) (relating to 2008 recovery rebates for individuals) to be included on a return. . (b) Clerical amendment relating to section 103 Subclause (IV) of section 168(k)(2)(B)(i) is amended by striking clauses also apply and inserting clause also applies . (c) Effective date The amendments made by this section shall take effect as if included in the provisions of the Economic Stimulus Act of 2008 to which they relate. 15. Amendments relating to Tax Technical Corrections Act of 2007 (a) Amendment relating to section 4(c) Paragraph (1) of section 911(f) is amended by adding at the end the following flush sentence: For purposes of this paragraph, the amount excluded under subsection (a) shall be reduced by the aggregate amount of any deductions or exclusions disallowed under subsection (d)(6) with respect to such excluded amount. . (b) Clerical amendment relating to section 11(g) Clause (iv) of section 56(g)(4)(C) is amended by striking a cooperative described in section 927(a)(4) and inserting an organization to which part I of subchapter T (relating to tax treatment of cooperatives) applies which is engaged in the marketing of agricultural or horticultural products . (c) Effective date The amendments made by this section shall take effect as if included in the provisions of the Tax Technical Corrections Act of 2007 to which they relate. 16. Amendment relating to Tax Relief and Health Care Act of 2006 (a) Amendment relating to section 105 Subparagraph (B) of section 45A(b)(1) is amended by adding at the end the following: If any portion of wages are taken into account under subsection (e)(1)(A) of section 51, the preceding sentence shall be applied by substituting 2-year period for 1-year period . . (b) Effective date The amendment made by this section shall take effect as if included in the provision of the Tax Relief and Health Care Act of 2006 to which it relates. 17. Amendment relating to Safe, Accountable, Flexible, Efficient Transportation Equity Act of 2005: A Legacy for Users (a) Amendment relating to section 11161 Paragraph (1) of section 9503(b) is amended by inserting before the period at the end the following: and taxes received under section 4081 shall be determined without regard to tax receipts attributable to the rate specified in section 4081(a)(2)(C) . (b) Effective date The amendment made by this section shall take effect as if included in the provision of the Safe, Accountable, Flexible, Efficient Transportation Equity Act of 2005: A Legacy for Users to which it relates. 18. Amendments relating to Energy Tax Incentives Act of 2005 (a) Amendment relating to section 1341 Subparagraph (B) of section 30B(h)(5) is amended by inserting (determined without regard to subsection (g)) before the period at the end. (b) Amendment relating to section 1342 Paragraph (1) of section 30C(e) is amended to read as follows: (1) Reduction in basis For purposes of this subtitle, the basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit so allowed (determined without regard to subsection (d)). . (c) Effective date The amendments made by this section shall take effect as if included in the provision of the Energy Tax Incentives Act of 2005 to which it relates. 19. Amendments relating to American Jobs Creation Act of 2004 (a) Amendment relating to section 101 Subsection (d) of section 101 of the American Jobs Creation Act of 2004 is amended by adding at the end the following new paragraph: (3) Coordination with section 199 This subsection shall be applied without regard to any deduction allowable under section 199. . (b) Amendments relating to section 102 Paragraph (3) of section 199(b) is amended— (1) by inserting of a short taxable year or after in cases , and (2) by striking and dispositions and inserting , dispositions, and short taxable years . (c) Clerical amendment relating to section 413 Paragraph (7) of section 904(h) is amended by striking as ordinary income under section 1246 or . (d) Effective date The amendments made by this section shall take effect as if included in the provision of the American Jobs Creation Act of 2004 to which they relate. 20. Other clerical corrections (a) Paragraph (8) of section 30B(h) is amended by striking vehicle)., except that and inserting vehicle), except that . (b) Subparagraph (A) of section 38(c)(2) is amended by striking credit credit and inserting credit . (c) Section 46 is amended by adding a comma at the end of paragraph (4). (d) Subparagraph (E) of section 50(a)(2) is amended by inserting , 48A(b)(3), 48B(b)(3), 48C(b)(2), or 48D(b)(4) after under section 48(b) . (e) Clause (i) of section 54A(d)(2)(A) is amended by striking 100 percent or more and inserting 100 percent . (f) Paragraph (2) of section 125(b) is amended by striking statutory nontaxable benefits each place it appears and inserting qualified benefits . (g) Paragraph (2) of section 125(h) is amended by striking means, any and inserting means any . (h) Subparagraph (F) of section 163(h)(4) is amended by striking Veterans Administration or the Rural Housing Administration and inserting Department of Veterans Affairs or the Rural Housing Service . (i) Subsection (a) of section 249 is amended by striking 1563(a)(1) and inserting 1563(a)(1)) . (j) Paragraphs (8) and (10) of section 280F(d) are each amended by striking subsection (a)(2) and inserting subsection (a)(1) . (k) Clause (iii) of section 402A(c)(4)(E) is amended by striking 403(b)(7)(A)(i) and inserting 403(b)(7)(A)(ii) . (l) Section 527 is amended— (1) by striking ( 2 U.S.C. 432(e) ) in subsection (h)(2)(A)(i) and inserting ( 52 U.S.C. 30102(e) ) , and (2) by striking ( 2 U.S.C. 431 et seq. ) in subsections (i)(6) and (j)(5)(A) and inserting ( 52 U.S.C. 30101 et seq. ) . (m) Subsection (b) of section 858 is amended by striking 857(b)(8) and inserting 857(b)(9) . (n) Subparagraph (A) of section 1012(c)(2) is amended by striking section 1012 and inserting this section . (o) The heading for section 1394(f) is amended by striking designated under section 1391(g) . (p) Paragraphs (1) and (2)(A) of section 1394(f) are each amended by striking a new empowerment zone facility bond and inserting an empowerment zone facility bond . (q) Clause (i) of section 1400N(c)(3)(A) is amended by striking section 42(d)(5)(C)(iii) and inserting section 42(d)(5)(B)(iii) . (r) Subsections (e)(3)(B) and (f)(7)(B) of section 4943 are each amended by striking January 1, 1970 and inserting January 1, 1971 . (s) Paragraph (2) of section 4982(f) is amended by adding a comma at the end. (t) Paragraph (3) of section 6011(e) is amended by striking shall require than and inserting shall require that . (u) Subsection (b) of section 6072 is amended by striking 6011(e)(2) and inserting 6011(c)(2) . (v) Subsection (d) of section 6104 is amended by redesignating the second paragraph (6) (relating to disclosure of reports by the Internal Revenue Service) and third paragraph (6) (relating to application to nonexempt charitable trusts and nonexempt private foundations) as paragraphs (7) and (8), respectively. (w) Subsection (c) of section 6662A is amended by striking section 6664(d)(2)(A) and inserting section 6664(d)(3)(A) . (x) Subparagraph (FF) of section 6724(d)(2) is amended by striking section 6050W(c) and inserting section 6050W(f) . (y) Subsection (a) of section 9035 is amended by striking section 320(b)(1)(A) and inserting 315(b)(1)(A) . (z) Section 9802 is amended by redesignating the second subsection (f) (relating to genetic information of a fetus or embryo) as subsection (g). (aa) Paragraph (3) of section 13(e) of the Worker, Homeownership, and Business Assistance Act of 2009 is amended by striking subsection (d) and inserting subsection (c) . 21. Deadwood provisions (a) In general (1) Adjustments in tax tables so that inflation will not result in tax increases Paragraph (7) of section 1(f) is amended to read as follows: (7) Special rule for certain brackets In prescribing tables under paragraph (1) which apply to taxable years beginning in a calendar year after 1994, the cost-of-living adjustment used in making adjustments to the dollar amounts at which the 36 percent rate bracket begins or at which the 39.6 percent rate bracket begins shall be determined under paragraph (3) by substituting 1993 for 1992 . . (2) Certain plug-in electric vehicles (A) Subpart B of part IV of subchapter A of chapter 1 is amended by striking section 30 (and by striking the item relating to such section in the table of sections for such subpart). (B) Subsection (b) of section 38, as amended by section 9(f)(1) of this Act, is amended by inserting plus at the end of paragraph (35), by striking paragraph (36), and by redesignating paragraph (37) as paragraph (36). (C) Subclause (VI) of section 48C(c)(1)(A)(i) is amended by striking , qualified plug-in electric vehicles (as defined by section 30(d)), . (D) Section 1016(a) is amended by striking paragraph (25). (E) Section 6501(m) is amended by striking section 30(e)(6), . (3) Earned income credit (A) Paragraph (1) of section 32(b) is amended— (i) by striking subparagraphs (B) and (C), and (ii) by striking (a) In general .—In the case of taxable years beginning after 1995: in subparagraph (A) and moving the table 2 ems to the left. (B) Subparagraph (B) of section 32(b)(2) is amended by striking increased by and all that follows and inserting increased by $3,000. . (4) First-time homebuyer credit Section 6213(g)(2), as amended by section 14(a)(2), is amended by striking subparagraph (P). (5) Making work pay credit (A) Subpart C of part IV of subchapter A of chapter 1 is amended by striking section 36A (and by striking the item relating to such section in the table of sections for such subpart). (B) Subparagraph (A) of section 6211(b)(4) is amended by striking , 36A . (C) Section 6213(g)(2) is amended by striking subparagraph (N). (6) General business credits Subsection (d) of section 38 is amended by striking paragraph (3). (7) Low-income housing credit Subclause (I) of section 42(h)(3)(C)(ii) is amended by striking ($1.50 for 2001) . (8) Minimum tax credit (A) (i) Section 53 is amended by striking subsections (e) and (f). (ii) The amendment made by clause (i) striking subsection (f) of section 53 of the Internal Revenue Code of 1986 shall not be construed to allow any tax abated by reason of section 53(f)(1) of such Code (as in effect before such amendment) to be included in the amount determined under section 53(b)(1) of such Code. (B) Paragraph (4) of section 6211(b)(4) is amended by striking , 53(e) . (9) Adjustments based on adjusted current earnings Clause (ii) of section 56(g)(4)(F) is amended by striking In the case of any taxable year beginning after December 31, 1992, clause and inserting Clause . (10) Items of tax preference; depletion Paragraph (1) of section 57(a) is amended by striking Effective with respect to taxable years beginning after December 31, 1992, this and inserting This . (11) Intangible drilling costs (A) Clause (i) of section 57(a)(2)(E) is amended by striking In the case of any taxable year beginning after December 31, 1992, this and inserting This . (B) Clause (ii) of section 57(a)(2)(E) is amended by striking (30 percent in the case of taxable years beginning in 1993) . (12) Environmental tax (A) Subchapter A of chapter 1 is amended by striking part VII (and by striking the item relating to such part in the table of parts for such subchapter). (B) Paragraph (2) of section 26(b) is amended by striking subparagraph (B). (C) Section 30A(c) is amended by striking paragraph (1) and by redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively. (D) Subsection (a) of section 164 is amended by striking paragraph (5). (E) Section 275(a) is amended by striking the last sentence. (F) Section 882(a)(1) is amended by striking , 59A . (G) Section 936(a)(3) is amended by striking subparagraph (A) and by redesignating subparagraphs (B), (C), and (D) as subparagraphs (A), (B), and (C), respectively. (H) Section 1561(a) is amended— (i) by inserting and at the end of paragraph (2), by striking , and at the end of paragraph (3) and inserting a period, and by striking paragraph (4), and (ii) by striking , the amount specified in paragraph (3), and the amount specified in paragraph (4) and inserting and the amount specified in paragraph (3) . (I) Section 4611(e) is amended— (i) by striking section 59A, this section, in paragraph (2)(B) and inserting this section , and (ii) in paragraph (3)(A)— (I) by striking section 59A, , and (II) by striking the comma after rate) . (J) Section 6425(c)(1)(A) is amended by inserting plus at end of clause (i), by striking plus and inserting over at the end of clause (ii), and by striking clause (iii). (K) Section 6655 is amended— (i) in subsection (e)(2)(A)(i) and (e)(2)(B)(i), by striking taxable income, alternative minimum taxable income, and modified alternative minimum taxable income and inserting taxable income and alternative minimum taxable income , (ii) in subsection (e)(2)(B), by striking clause (iii), and (iii) in subsection (g)(1)(A), by inserting plus at the end of clause (ii), by striking clause (iii), and by redesignating clause (iv) as clause (iii). (L) Section 9507(b)(1) is amended by striking 59A, . (13) Standard deduction (A) So much of paragraph (1) of section 63(c) as follows the sum of— is amended to read as follows: (A) the basic standard deduction, and (B) the additional standard deduction. . (B) Subsection (e) of section 63 is amended by striking paragraphs (7), (8), and (9). (14) Annuities; certain proceeds of endowment and life insurance contracts Section 72 is amended— (A) in subsection (c)(4), by striking ; except that if such date was before January 1, 1954, then the annuity starting date is January 1, 1954 , and (B) in subsection (g)(3), by striking January 1, 1954, or and , whichever is later . (15) Unemployment compensation Section 85 is amended by striking subsection (c). (16) Accident and health plans Section 105(f) is amended by striking or (d) . (17) Flexible spending arrangements Section 106(c)(1) is amended by striking Effective on and after January 1, 1997, gross and inserting Gross . (18) Certain combat zone compensation of members of the armed forces Subsection (c) of section 112 is amended— (A) by striking (after June 24, 1950) in paragraph (2), and (B) by striking such zone; and all that follows in paragraph (3) and inserting such zone. . (19) Legal service plans (A) Part III of subchapter B of chapter 1 is amended by striking section 120 (and by striking the item relating to such section in the table of sections for such subpart). (B) (i) Section 414(n)(3)(C) is amended by striking 120, . (ii) Section 414(t)(2) is amended by striking 120, . (iii) Section 501(c) is amended by striking paragraph (20). (iv) Section 3121(a) is amended by striking paragraph (17). (v) Section 3231(e) is amended by striking paragraph (7). (vi) Section 3306(b) is amended by striking paragraph (12). (vii) Section 6039D(d)(1) is amended by striking 120, . (viii) Section 209(a)(14) of the Social Security Act is amended— (I) by striking subparagraph (B), and (II) by striking (14)(A) and inserting (14) . (20) Principal residence Section 121(b)(3) is amended— (A) by striking subparagraph (B), and (B) in subparagraph (A), by striking (A) In general .— and moving the text 2 ems to the left. (21) Certain reduced uniformed services retirement pay Section 122(b)(1) is amended by striking after December 31, 1965, . (22) Great plains conservation program Section 126(a) is amended by striking paragraph (6) and by redesignating paragraphs (7), (8), (9), and (10) as paragraphs (6), (7), (8), and (9), respectively. (23) Benefits provided to volunteer firefighters and emergency medical responders (A) Part III of subchapter B of chapter 1 is amended by striking section 139B (and by striking the item relating to such section in the table of sections for such part). (B) Section 3121(a) is amended— (i) by adding or at the end of paragraph (21), (ii) by striking ; or at the end of paragraph (22) and inserting a period, and (iii) by striking paragraph (23). (C) Section 3306(b) is amended— (i) by adding or at the end of paragraph (18), (ii) by striking ; or at the end of paragraph (19) and inserting a period, and (iii) by striking paragraph (20). (D) Section 3401(a) is amended— (i) by adding or at the end of paragraph (21), (ii) by striking ; or at the end of paragraph (22) and inserting a period, and (iii) by striking paragraph (23). (24) Treble damage payments under the antitrust law Section 162(g) is amended by striking the last sentence. (25) State legislators’ travel expenses away from home Paragraph (4) of section 162(h) is amended by striking For taxable years beginning after December 31, 1980, this and inserting This . (26) Interest (A) Section 163 is amended— (i) by striking paragraph (6) of subsection (d), and (ii) by striking paragraph (5) of subsection (h). (B) Section 56(b)(1)(C) is amended by striking clause (ii) and by redesignating clauses (iii), (iv), and (v) as clauses (ii), (iii), and (iv), respectively. (27) Qualified motor vehicle taxes Section 164, as amended by section 9(c) of this Act, is amended by striking subsections (a)(6) and (b)(6). (28) Disaster losses (A) Subsection (h) of section 165 is amended by striking paragraph (3) and by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively. (B) Paragraph (3) of section 165(h), as so redesignated, is amended by striking paragraphs (2) and (3) and inserting paragraph (2) . (C) Subsection (i) of section 165 is amended— (i) in paragraph (1)— (I) by striking (as defined by clause (ii) of subsection (h)(3)(C)) , and (II) by striking (as defined by clause (i) of such subsection) , (ii) by striking (as defined by subsection (h)(3)(C)(i) in paragraph (4), and (iii) by adding at the end the following new paragraph: (5) Federally declared disasters For purposes of this subsection— (A) In general The term Federally declared disaster means any disaster subsequently determined by the President of the United States to warrant assistance by the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. (B) Disaster area The term disaster area means the area so determined to warrant such assistance. . (D) Section 1033(h)(3) is amended by striking section 165(h)(3)(C) and inserting section 165(i)(5) . (29) Charitable, etc., contributions and gifts Section 170 is amended— (A) by striking paragraph (3) of subsection (b), (B) by striking paragraph (6) of subsection (e), and (C) by striking subsection (k). (30) Amortizable bond premium (A) Subparagraph (B) of section 171(b)(1) is amended to read as follows: (B) (i) with reference to the amount payable on maturity (or if it results in a smaller amortizable bond premium attributable to the period before the call date, with reference to the amount payable on the earlier call date), in the case of a bond described in subsection (a)(1), and (ii) with reference to the amount payable on maturity or on an earlier call date, in the case of a bond described in subsection (a)(2). . (B) Paragraphs (2) and (3)(B) of section 171(b) are each amended by striking paragraph (1)(B)(ii) and inserting paragraph (1)(B)(i) . (31) Net operating loss carrybacks, carryovers, and carryforwards (A) Section 172, as amended by section 11(c)(1)(B) of this Act, is amended— (i) by striking subparagraphs (D), (H), (I), and (J) of subsection (b)(1) and by redesignating subparagraphs (E), (F), and (G) as subparagraphs (D), (E), and (F), respectively, and (ii) by striking subsections (g) and (j) and by redesignating subsections (h), (i), and (k) as subsections (g), (h), and (i), respectively. (B) Each of the following provisions of section 172 (as amended by section 11(c)(1)(B) and as redesignated by subparagraph (A)) are amended as follows: (i) By striking ending after August 2, 1989 in subsection (b)(1)(D)(i)(II). (ii) By striking subsection (h) in subsection (b)(1)(D)(ii) and inserting subsection (g) . (iii) By striking section 165(h)(3)(C)(i) in subsection (b)(1)(E)(ii)(II) and inserting section 165(i)(5) . (iv) By striking subsection (i) and all that follows in the last sentence of subsection (b)(1)(E)(ii) and inserting subsection (h)). . (v) By striking subsection (i) in subsection (b)(1)(F) and inserting subsection (h) . (vi) By striking subparagraph (F) of paragraph (2) of subsection (g). (vii) By striking subsection (b)(1)(E) each place it appears in subsection (g)(4) and inserting subsection (b)(1)(D) . (viii) By striking the last sentence of subsection (h)(1). (ix) By striking subsection (b)(1)(G) each place it appears in subsection (h)(3) and inserting subsection (b)(1)(F) . (C) Paragraph (5) of section 382(l) is amended by striking subparagraph (F) and by redesignating subparagraphs (G) and (H) as subparagraphs (F) and (G), respectively. (32) Research and experimental expenditures Subparagraph (A) of section 174(a)(2) is amended to read as follows: (I) Without consent A taxpayer may, without the consent of the Secretary, adopt the method provided in this subsection for his first taxable year for which expenditures described in paragraph (1) are paid or incurred. . (33) Amortization of certain research and experimental expenditures Paragraph (2) of section 174(b) is amended by striking beginning after December 31, 1953 . (34) Soil and water conservation expenditures Paragraph (1) of section 175(d) is amended to read as follows: (1) Without consent A taxpayer may, without the consent of the Secretary, adopt the method provided in this section for the taxpayer’s first taxable year for which expenditures described in subsection (a) are paid or incurred. . (35) Clean-fuel vehicles (A) Part VI of subchapter A of chapter 1 is amended by striking section 179A (and by striking the item relating to such section in the table of sections for such part). (B) Section 30C(e) is amended by adding at the end the following: (7) Reference For purposes of this section, any reference to section 179A shall be treated as a reference to such section as in effect immediately before its repeal. . (C) Section 62(a) is amended by striking paragraph (14). (D) Section 263(a)(1) is amended by striking subparagraph (H). (E) Section 280F(a)(1) is amended by striking subparagraph (C). (F) Section 312(k)(3) is amended by striking 179A, each place it appears. (G) Section 1016(a) is amended by striking paragraph (24). (H) Section 1245(a) is amended by striking 179A, each place it appears in paragraphs (2)(C) and (3)(C). (36) Qualified disaster expenses Part VI of subchapter A of chapter 1 is amended by striking section 198A (and by striking the item relating to such section in the table of sections for such part). (37) Activities not engaged in for profit Section 183(e)(1) is amended by striking the last sentence. (38) Domestic production activities (A) Subsection (a) of section 199 is amended by striking paragraph (2) and by striking In general .— , by redesignating subparagraphs (A) and (B) of paragraph (1) as paragraphs (1) and (2), and by moving paragraphs (1) and (2) (as so redesignated) 2 ems to the left. (B) Paragraphs (2) and (6)(B) of section 199(d) are each amended by striking (a)(1)(B) and inserting (a)(2) . (39) Retirement savings (A) Subparagraph (A) of section 219(b)(5) is amended to read as follows: (A) In general The deductible amount is $5,000. . (B) Clause (ii) of section 219(b)(5)(B) is amended to read as follows: (ii) Applicable amount For purposes of clause (i), the applicable amount is $1,000. . (C) Paragraph (5) of section 219(b) is amended by striking subparagraph (C) and by redesignating subparagraph (D) as subparagraph (C). (D) Clause (ii) of section 219(g)(2)(A) is amended by striking for a taxable year beginning after December 31, 2006 . (E) Section 219(g)(3)(B) is amended by striking clauses (i) and (ii) and inserting the following: (i) In the case of a taxpayer filing a joint return, $80,000. (ii) In the case of any other taxpayer (other than a married individual filing a separate return), $50,000. . (F) Paragraph (8) of section 219(g) is amended by striking the dollar amount in the last row of the table contained in paragraph (3)(B)(i), the dollar amount in the last row of the table contained in paragraph (3)(B)(ii), and the dollar amount contained in paragraph (7)(A), and inserting each of the dollar amounts in paragraphs (3)(B)(i), (3)(B)(ii), and (7)(A) . (40) Reports regarding qualified voluntary retirement contributions (A) Section 219 is amended by striking paragraph (4) of subsection (f) and subsection (h). (B) Section 6652 is amended by striking subsection (g). (41) Interest on education loans Paragraph (1) of section 221(b) is amended by striking shall not exceed and all that follows and inserting shall not exceed $2,500. . (42) Dividends received on certain preferred stock; and dividends paid on certain preferred stock of public utilities (A) Sections 244 and 247 are hereby repealed, and the table of sections for part VIII of subchapter B of chapter 1 is amended by striking the items relating to sections 244 and 247. (B) Paragraph (5) of section 172(d) is amended to read as follows: (5) Computation of deduction for dividends received The deductions allowed by section 243 (relating to dividends received by corporations) and 245 (relating to dividends received from certain foreign corporations) shall be computed without regard to section 246(b) (relating to limitation on aggregate amount of deductions). . (C) Paragraph (1) of section 243(c) is amended to read as follows: (1) In general In the case of any dividend received from a 20-percent owned corporation, subsection (a)(1) shall be applied by substituting 80 percent for 70 percent . . (D) Section 243(d) is amended by striking paragraph (4). (E) Section 246 is amended— (i) by striking , 244, in subsection (a)(1), (ii) in subsection (b)(1)— (I) by striking sections 243(a)(1), and 244(a), the first place it appears and inserting section 243(a)(1) , (II) by striking 244(a), the second place it appears, and (III) by striking subsection (a) or (b) of section 245, and 247, and inserting and subsection (a) or (b) of section 245, , and (iii) by striking , 244, in subsection (c)(1). (F) Section 246A is amended by striking , 244, both places it appears in subsections (a) and (e). (G) Sections 263(g)(2)(B)(iii), 277(a), 301(e)(2), 469(e)(4), 512(a)(3)(A), subparagraphs (A), (C), and (D) of section 805(a)(4), 805(b)(5), 812(e)(2)(A), 815(c)(2)(A)(iii), 832(b)(5), 833(b)(3)(E), and 1059(b)(2)(B) are each amended by striking , 244, each place it appears. (H) Section 1244(c)(2)(C) is amended by striking 244, . (I) Section 805(a)(4)(B) is amended by striking , 244(a), each place it appears. (J) Section 810(c)(2)(B) is amended by striking 244 (relating to dividends on certain preferred stock of public utilities), . (K) The amendments made by this paragraph shall not apply to preferred stock issued before October 1, 1942 (determined in the same manner as under section 247 of the Internal Revenue Code of 1986 as in effect before its repeal by such amendments). (43) Organization expenses Section 248(c) is amended by striking beginning after December 31, 1953, and by striking the last sentence. (44) Bond repurchase premium Section 249(b)(1) is amended by striking , in the case of bonds or other evidences of indebtedness issued after February 28, 1913, . (45) Amount of gain where loss previously disallowed Section 267(d) is amended by striking (or by reason of section 24(b) of the Internal Revenue Code of 1939) in paragraph (1), by striking after December 31, 1953, in paragraph (2), by striking the second sentence, and by striking or by reason of section 118 of the Internal Revenue Code of 1939 in the last sentence. (46) Acquisitions made to evade or avoid income tax Paragraphs (1) and (2) of section 269(a) are each amended by striking or acquired on or after October 8, 1940, . (47) Meals and entertainment Paragraph (3) of section 274(n) is amended— (A) by striking (A) In general .— , (B) by striking substituting the applicable percentage for and inserting substituting 80 percent for , and (C) by striking subparagraph (B). (48) Interest on indebtedness incurred by corporations to acquire stock or assets of another corporation (A) Section 279 is amended— (i) by striking after December 31, 1967, in subsection (a)(2), (ii) by striking after October 9, 1969, in subsection (b), (iii) by striking after October 9, 1969, and in subsection (d)(5), and (iv) by striking subsection (i) and redesignating subsection (j) as subsection (i). (B) The amendments made by this paragraph shall not— (i) apply to obligations issued on or before October 9, 1969 (determined in the same manner as under section 279 of the Internal Revenue Code of 1986 as in effect before such amendments), and (ii) be construed to require interest on obligations issued on or before December 31, 1967, to be taken into account under section 279(a)(2) of such Code (as in effect after such amendments). (49) Bank holding companies (A) Clause (iii) of section 304(b)(3)(D) is repealed. (B) The heading of subparagraph (D) of section 304(b)(3) is amended by striking and special rule . (50) Effect on earnings and profits Subsection (d) of section 312 is amended by striking paragraph (2) and redesignating paragraph (3) as paragraph (2). (51) Disqualified stock Paragraph (3) of section 355(d) is amended by striking after October 9, 1990, and each place it appears. (52) Basis to corporations Section 362 is amended by striking on or after June 22, 1954 in subsection (a) and by striking , on or after June 22, 1954, each place it appears in subsection (c). (53) Temporary waiver of minimum required distribution Section 401(a)(9) is amended by striking subparagraph (H). (54) Individual retirement accounts Clause (i) of section 408(p)(2)(E) is amended to read as follows: (i) In general For purposes of subparagraph (A)(ii), the applicable amount is $10,000. . (55) Tax credit employee stock ownership plans Section 409 is amended by striking subsection (q). (56) Catch-up contributions Subparagraph (B) of section 414(v)(2) is amended to read as follows: (II) (i) In the case of an applicable employer plan other than a plan described in section 401(k)(11) or 408(p), the applicable dollar amount is $5,000. (ii) In the case of an applicable employer plan described in section 401(k)(11) or 408(p), the applicable dollar amount is $2,500. . (57) Employee stock purchase plans Section 423(a) is amended by striking after December 31, 1963, . (58) Pension related transition rules (A) Section 402(g)(1)(B) is amended by striking shall be and all that follows and inserting is $15,000. . (B) (i) Subparagraph (D) of section 417(e)(3) is amended— (I) by striking clauses (ii) and (iii), (II) by striking if— and all that follows through section 430(h)(2)(D) and inserting if section 430(h)(2)(D) , and (III) by striking described in such section, and inserting described in such section. . (ii) Clause (iii) of section 205(g)(3)(B) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1055(g)(3)(B)) is amended— (I) by striking subclauses (II) and (III), (II) by striking if— and all that follows through section 303(h)(2)(D) and inserting if section 303(h)(2)(D) , and (III) by striking described in such section, and inserting described in such section. . (C) (i) Paragraph (5) of section 430(c) is amended by striking subparagraph (B) and by striking (A) In general .— . (ii) Paragraph (5) of section 303(c) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1082(c)) is amended by striking subparagraph (B) and by striking (A) In general .— . (D) (i) Paragraph (2) of section 430(h) is amended by striking subparagraph (G). (ii) Paragraph (2) of section 303(h) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1082(h)) is amended by striking subparagraph (G). (E) (i) Paragraph (3) of section 436(j), as added by section 113(a)(1)(B) of the Pension Protection Act of 2006, is amended by striking subparagraphs (B) and (C) and by striking (A) In general .— . (ii) Subparagraph (C) of section 206(g)(9) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1056(g)(9)) is amended by striking clauses (ii) and (iii) and by striking (i) In general .— . (F) (i) Section 436(j) is amended by striking the paragraph (3) added by section 203(a)(2) of the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010. (ii) Section 206(g)(9) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1056(g)(9) ) is amended by striking subparagraph (D). (G) (i) Section 436 is amended by striking subsection (m). (ii) Section 206(g) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1056(g) ) is amended by striking paragraph (11). (H) Section 457(e)(15)(A) is amended by striking shall be and all that follows and inserting is $15,000. . (59) Limitation on deductions for certain farming (A) Section 464 is amended by striking any farming syndicate (as defined in subsection (c)) both places it appears in subsections (a) and (b) and inserting any taxpayer to whom subsection (d) applies . (B) (i) Subsection (c) of section 464 is hereby moved to the end of section 461 and redesignated as subsection (j). (ii) Such subsection (j) is amended— (I) by striking For purposes of this section in paragraph (1) and inserting For purposes of subsection (i)(4) , and (II) by adding at the end the following new paragraphs: (3) Farming For purposes of this subsection, the term farming has the meaning given to such term by section 464(e). (4) Limited entrepreneur For purposes of this subsection, the term limited entrepreneur means a person who— (A) has an interest in an enterprise other than as a limited partner, and (B) does not actively participate in the management of such enterprise. . (iii) Paragraph (4) of section 461(i) is amended by striking section 464(c) and inserting subsection (j) . (C) Section 464 is amended— (i) by striking subsections (e) and (g) and redesignating subsections (d) and (f) as subsections (c) and (d), respectively, and (ii) by adding at the end the following new subsection: (e) Farming For purposes of this section, the term farming means the cultivation of land or the raising or harvesting of any agricultural or horticultural commodity including the raising, shearing, feeding, caring for, training, and management of animals. For purposes of the preceding sentence, trees (other than trees bearing fruit or nuts) shall not be treated as an agricultural or horticultural commodity. . (D) Subsection (d) of section 464 of such Code (as redesignated by subparagraph (C)) is amended— (i) by striking paragraph (1) and redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively, and (ii) by striking Subsections (a) and (b) to apply to in the heading. (E) Subparagraph (A) of section 58(a)(2) is amended by striking section 464(c) and inserting section 461(j) . (60) Deductions limited to amount at risk Subparagraph (A) of section 465(c)(3) is amended by striking In the case of taxable years beginning after December 31, 1978, this and inserting This . (61) Passive activity losses and credits limited (A) Section 469 is amended by striking subsection (m). (B) Subsection (b) of section 58 is amended by adding and at the end of paragraph (1), by striking paragraph (2), and by redesignating paragraph (3) as paragraph (2). (62) Adjustments required by changes in method of accounting Section 481(b)(3) is amended by striking subparagraph (C). (63) Exemption from tax on corporations, certain trusts, etc Section 501 is amended by striking subsection (s). (64) Requirements for exemption (A) Section 503(a)(1) is amended to read as follows: (1) General rule An organization described in paragraph (17) or (18) of section 501(c), or described in section 401(a) and referred to in section 4975(g) (2) or (3), shall not be exempt from taxation under section 501(a) if it has engaged in a prohibited transaction. . (B) Paragraph (2) of section 503(a) is amended by striking described in section 501(c)(17) or (18) or paragraph (a)(1)(B) and inserting described in paragraph (1) . (C) Subsection (c) of section 503 is amended by striking described in section 501(c)(17) or (18) or subsection (a)(1)(B) and inserting described in subsection (a)(1) . (65) Accumulated taxable income Paragraph (1) of section 535(b) and paragraph (1) of section 545(b) are each amended by striking section 531 and all that follows and inserting section 531 or the personal holding company tax imposed by section 541. . (66) Definition of property Subsection (b) of section 614 is amended— (A) by striking paragraphs (3)(C) and (5), and (B) in paragraph (4), by striking whichever of the following years is later: The first taxable year beginning after December 31, 1963, or . (67) Amounts received by surviving annuitant under joint and survivor annuity contract Subparagraph (A) of section 691(d)(1) is amended by striking after December 31, 1953, and . (68) Income taxes of members of armed forces on death Section 692(a)(1) is amended by striking after June 24, 1950 . (69) Special rules for computing reserves Paragraph (7) of section 807(e) is amended by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B). (70) Insurance company taxable income (A) Section 832(e) is amended by striking of taxable years beginning after December 31, 1966, . (B) Section 832(e)(6) is amended by striking In the case of any taxable year beginning after December 31, 1970, the and inserting The . (71) Capitalization of certain policy acquisition expenses Section 848 is amended by striking subsection (j). (72) Tax on nonresident alien individuals Subparagraph (B) of section 871(a)(1) is amended to read as follows: (II) gains described in subsection (b) or (c) of section 631, . (73) Limitation on credit Paragraph (2) of section 904(d) is amended by striking subparagraph (J). (74) Foreign earned income Clause (i) of section 911(b)(2)(D) is amended to read as follows: (i) In general The exclusion amount for any calendar year is $80,000. . (75) Basis of property acquired from decedent (A) Section 1014(a)(2) is amended to read as follows: (2) in the case of an election under section 2032, its value at the applicable valuation date prescribed by such section, . (B) Section 1014(b) is amended by striking paragraphs (7) and (8). (76) Adjusted basis Section 1016(a) is amended by striking paragraph (12). (77) Property on which lessee has made improvements Section 1019 is amended by striking the last sentence. (78) Involuntary conversion Section 1033 is amended by striking subsection (j) and by redesignating subsections (k) and (l) as subsections (j) and (k), respectively. (79) Property acquired during affiliation Section 1051 is hereby repealed, and the table of sections for part IV of subchapter O of chapter 1 is amended by striking the item relating to section 1051. (80) Capital gains and losses Section 1222 is amended by striking the last sentence. (81) Holding period of property (A) Paragraph (1) of section 1223 is amended by striking after March 1, 1954, . (B) Paragraph (4) of section 1223 is amended by striking (or under so much of section 1052(c) as refers to section 113(a)(23) of the Internal Revenue Code of 1939) . (C) Paragraphs (6) and (8) of section 1223 are repealed. (82) Property used in the trade or business and involuntary conversions Subparagraph (A) of section 1231(c)(2) is amended by striking beginning after December 31, 1981 . (83) Sale or exchange of patents Section 1235 is amended— (A) by striking subsection (c) and by redesignating subsections (d) and (e) as subsections (c) and (d), respectively, and (B) by striking subsection (d) in subsection (b)(2)(B) and inserting subsection (c) . (84) Dealers in securities Subsection (b) of section 1236 is amended by striking after November 19, 1951, . (85) Sale of patents Subsection (a) of section 1249 is amended by striking after December 31, 1962, . (86) Gain from disposition of farmland Paragraph (1) of section 1252(a) is amended— (A) by striking after December 31, 1969 the first place it appears, and (B) by striking after December 31, 1969, in subparagraph (A). (87) Treatment of amounts received on retirement or sale or exchange of debt instruments Subsection (c) of section 1271 is amended to read as follows: (c) Special rule for certain obligations with respect to which original issue discount not currently includible (1) In general On the sale or exchange of debt instruments issued by a government or political subdivision thereof after December 31, 1954, and before July 2, 1982, or by a corporation after December 31, 1954, and on or before May 27, 1969, any gain realized which does not exceed— (A) an amount equal to the original issue discount, or (B) if at the time of original issue there was no intention to call the debt instrument before maturity, an amount which bears the same ratio to the original issue discount as the number of complete months that the debt instrument was held by the taxpayer bears to the number of complete months from the date of original issue to the date of maturity, shall be considered as ordinary income. (2) Subsection (a)(2)(A) not to apply Subsection (a)(2)(A) shall not apply to any debt instrument referred to in paragraph (1) of this subsection. (3) Cross reference For current inclusion of original issue discount, see section 1272. . (88) Amount and method of adjustment Section 1314 is amended by striking subsection (d) and by redesignating subsection (e) as subsection (d). (89) Election; revocation; termination Clause (iii) of section 1362(d)(3)(A) is amended by striking unless and all that follows and inserting unless the corporation was an S corporation for such taxable year. . (90) Old-age, survivors, and disability insurance Subsection (a) of section 1401 is amended by striking the following percent and all that follows and inserting 12.4 percent of the amount of the self-employment income for such taxable year. . (91) Hospital insurance Paragraph (1) of section 1401(b) is amended by striking: the following percent and all that follows and inserting 2.9 percent of the amount of the self-employment income for such taxable year. . (92) Ministers, members of religious orders, and christian science practitioners Paragraph (3) of section 1402(e) is amended— (A) by striking whichever of the following dates is later: (A) , and (B) by striking ;or (B) ’ and all that follows and inserting a period. (93) Withholding of tax on nonresident aliens The first sentence of subsection (b) of section 1441 and the first sentence of paragraph (5) of section 1441(c) are each amended by striking gains subject to tax and all that follows through October 4, 1966 and inserting and gains subject to tax under section 871(a)(1)(D) . (94) Affiliated group defined Subparagraph (A) of section 1504(a)(3) is amended by striking for a taxable year which includes any period after December 31, 1984 in clause (i) and by striking in a taxable year beginning after December 31, 1984 in clause (ii). (95) Disallowance of the benefits of the graduated corporate rates and accumulated earnings credit (A) Subsection (a) of section 1551 is amended— (i) by striking paragraph (1) and by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively, and (ii) by striking after June 12, 1963, each place it appears. (B) Section 1551(b) is amended— (i) by striking or (2) in paragraph (1), and (ii) by striking (a)(3) in paragraph (2) and inserting (a)(2) . (96) Credit for state death taxes (A) (i) Part II of subchapter A of chapter 11 is amended by striking section 2011 (and by striking the item relating to such section in the table of sections for such subpart). (ii) Section 2106(a)(4) is amended by striking section 2011(a) and inserting 2058(a) . (B) (i) Subchapter A of chapter 13 is amended by striking section 2604 (and by striking the item relating to such section in the table of sections for such subpart). (ii) Clause (ii) of section 164(b)(4)(A) is amended by inserting (as in effect before its repeal) after section 2604 . (iii) Section 2654(a)(1) is amended by striking (computed without regard to section 2604) . (97) Gross estate Subsection (c) of section 2031 is amended by striking paragraph (3) and by amending paragraph (1)(B) to read as follows: (II) $500,000. . (98) (A) Part IV of subchapter A of chapter 11 is amended by striking section 2057 (and by striking the item relating to such section in the table of sections for such subpart). (B) Paragraph (10) of section 2031(c) is amended by inserting (as in effect before its repeal) immediately before the period at the end thereof. (99) Property within the United States Subsection (c) of section 2104 is amended by striking With respect to estates of decedents dying after December 31, 1969, deposits and inserting Deposits . (100) FICA taxes (A) Subsection (a) of section 3101 is amended by striking the following percentages and all that follows and inserting 6.2 percent of the wages (as defined in section 3121(a)) received by the individual with respect to employment (as defined in section 3121(b)) . (B) (i) Subsection (a) of section 3111 is amended by striking the following percentages and all that follows and inserting 6.2 percent of the wages (as defined in section 3121(a)) paid by the employer with respect to employment (as defined in section 3121(b)). . (ii) Subsection (b) of section 3111 is amended by striking the following percentages and all that follows and inserting 1.45 percent of the wages (as defined in section 3121(a)) paid by the employer with respect to employment (as defined in section 3121(b)). . (C) (i) Section 3121(b) is amended by striking paragraph (17). (ii) Section 210(a) of the Social Security Act is amended by striking paragraph (17). (101) Railroad retirement (A) Subsection (b) of section 3201 is amended to read as follows: (b) Tier 2 tax In addition to other taxes, there is hereby imposed on the income of each employee a tax equal to the percentage determined under section 3241 for any calendar year of the compensation received during such calendar year by such employee for services rendered by such employee. . (B) Subsection (b) of section 3211 is amended to read as follows: (b) Tier 2 tax In addition to other taxes, there is hereby imposed on the income of each employee representative a tax equal to the percentage determined under section 3241 for any calendar year of the compensation received during such calendar year by such employee representative for services rendered by such employee representative. . (C) Subsection (b) of section 3221 is amended to read as follows: (b) Tier 2 tax In addition to other taxes, there is hereby imposed on every employer an excise tax, with respect to having individuals in his employ, equal to the percentage determined under section 3241 for any calendar year of the compensation paid during such calendar year by such employer for services rendered to such employer. . (D) Subsection (b) of section 3231 is amended— (i) by striking compensation; except and all that follows in the first sentence and inserting compensation. , and (ii) by striking the second sentence. (102) Credits against Federal unemployment tax (A) Paragraph (4) of section 3302(f) is amended— (i) by striking subsection— and all that follows through (A) In general .—The and inserting subsection, the , (ii) by striking subparagraph (B), (iii) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and (iv) by moving the text of such subparagraphs (as so redesignated) 2 ems to the left. (B) Paragraph (5) of section 3302(f) is amended by striking subparagraph (D) and by redesignating subparagraph (E) as subparagraph (D). (103) Domestic service employment taxes Section 3510(b) is amended by striking paragraph (4). (104) Luxury passenger automobiles (A) Chapter 31 is amended by striking subchapter A (and by striking the item relating to such subchapter in the table of subchapters for such chapter). (B) (i) Section 4221 is amended— (I) in subsections (a) and (d)(1), by striking subchapter A or and inserting subchapter , (II) in subsection (a), by striking In the case of taxes imposed by subchapter A of chapter 31, paragraphs (1), (3), (4), and (5) shall not apply. , and (III) in subsection (c), by striking 4001(c), 4001(d), or . (ii) Section 4222 is amended by striking 4001(c), 4001(d), . (iii) Section 4293 is amended by striking subchapter A of chapter 31, . (105) Tax on fuel used in commercial transportation on inland waterways Section 4042(b)(2)(A) is amended to read as follows: (I) The Inland Waterways Trust Fund financing rate is 20 cents per gallon. . (106) Transportation by air Section 4261(e) is amended— (A) in paragraph (1), by striking subparagraph (C), and (B) by striking paragraph (5). (107) Taxes on failure to distribute income (A) Subsection (g) of section 4942 is amended by striking For all taxable years beginning on or after January 1, 1975, subject in paragraph (2)(A) and inserting Subject . (B) Section 4942(i)(2) is amended by striking beginning after December 31, 1969, and . (108) Taxes on taxable expenditures Section 4945(f) is amended by striking (excluding therefrom any preceding taxable year which begins before January 1, 1970) . (109) Definitions and special rules Section 4682(h) is amended— (A) by striking paragraph (1) and redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively, and (B) in paragraph (1) (as so redesignated)— (i) by striking the heading and inserting In general , and (ii) by striking after 1991 in subparagraph (C). (110) Returns Subsection (a) of section 6039D is amended by striking beginning after December 31, 1984, . (111) Information returns Subsection (c) of section 6060 is amended by striking year and all that follows and inserting year. . (112) Collection Section 6302 is amended— (A) in subsection (e)(2), by striking imposed by and all that follows through with respect to and inserting imposed by sections 4251, 4261, or 4271 with respect to , (B) by striking the last sentence of subsection (f)(1), and (C) in subsection (h)— (i) by striking paragraph (2) and redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively, and (ii) by amending paragraph (3) (as so redesignated) to read as follows: (3) Coordination with other electronic fund transfer requirements Under regulations, any tax required to be paid by electronic fund transfer under section 5061(e) or 5703(b) shall be paid in such a manner as to ensure that the requirements of the second sentence of paragraph (1)(A) of this subsection are satisfied. . (113) Abatements Section 6404(f) is amended by striking paragraph (3). (114) 2008 Recovery rebate for individuals (A) Subchapter B of chapter 65 is amended by striking section 6428 (and by striking the item relating to such section in the table of sections for such subchapter). (B) Subparagraph (A) of section 6211(b)(4) is amended by striking 6428, . (C) Paragraph (2) of section 6213(g), as amended by section 14(a)(2) and paragraphs (4) and (5)(C) of this subsection, is amended by striking subparagraph (Q), by redesignating subparagraph (O) as subparagraph (N), by inserting and at the end of subparagraph (M), and by striking the comma at the end of subparagraph (N) (as so redesignated) and inserting a period. (D) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by striking 6428, or 6431, and inserting or 6431 . (115) Advance payment of portion of increased child credit for 2003 Subchapter B of chapter 65 is amended by striking section 6429 (and by striking the item relating to such section in the table of sections for such subchapter). (116) Failure by corporation to pay estimated income tax Clause (i) of section 6655(g)(4)(A) is amended by striking (or the corresponding provisions of prior law) . (117) Retirement Section 7447(i)(3)(B)(ii) is amended by striking at 4 percent per annum to December 31, 1947, and 3 percent per annum thereafter , and inserting at 3 percent per annum . (118) Annuities to surviving spouses and dependent children of judges (A) Paragraph (2) of section 7448(a) is amended— (i) by striking or under section 1106 of the Internal Revenue Code of 1939 , and (ii) by striking or pursuant to section 1106(d) of the Internal Revenue Code of 1939 . (B) Subsection (g) of section 7448 is amended by striking or other than pursuant to section 1106 of the Internal Revenue Code of 1939 . (C) Subsections (g), (j)(1), and (j)(2) of section 7448 are each amended by striking at 4 percent per annum to December 31, 1947, and 3 percent per annum thereafter and inserting at 3 percent per annum . (119) Merchant marine capital construction funds Paragraph (4) of section 7518(g) is amended by striking any nonqualified withdrawal and all that follows through ‘shall be determined and inserting any nonqualified withdrawal shall be determined . (120) Valuation tables (A) Subsection (c) of section 7520 is amended by striking paragraph (2) and redesignating paragraph (3) as paragraph (2). (B) Paragraph (2) of section 7520(c) (as redesignated by subparagraph (A)) is amended— (i) by striking Not later than December 31, 1989, the and inserting The , and (ii) by striking thereafter in the last sentence thereof. (121) Definition of employee Section 7701(a)(20) is amended by striking chapter 21 and all that follows and inserting chapter 21. . (b) Effective date (1) General rule Except as otherwise provided in subsection (a) or paragraph (2) of this subsection, the amendments made by this section shall take effect on the date of enactment of this Act. (2) Savings provision If— (A) any provision amended or repealed by the amendments made by this section applied to— (i) any transaction occurring before the date of the enactment of this Act, (ii) any property acquired before such date of enactment, or (iii) any item of income, loss, deduction, or credit taken into account before such date of enactment, and (B) the treatment of such transaction, property, or item under such provision would (without regard to the amendments or repeals made by this section) affect the liability for tax for periods ending after date of enactment, nothing in the amendments or repeals made by this section shall be construed to affect the treatment of such transaction, property, or item for purposes of determining liability for tax for periods ending after such date of enactment.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5528ih/xml/BILLS-113hr5528ih.xml
|
113-hr-5529
|
I 113th CONGRESS 2d Session H. R. 5529 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. McKinley (for himself and Mr. Welch ) introduced the following bill; which was referred to the Committee on Education and the Workforce , 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 establish a worker adjustment assistance program to provide assistance and job retraining for workers who have lost their jobs due to unplanned closures of coal and coal dependent industries, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Healthy Employee Loss Prevention Act of 2014 of the HELP Act . (b) Table of Contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Title I—Petitions and Determinations Sec. 101. Petitions. Sec. 102. Group eligibility requirements. Sec. 103. Determinations and certifications. Sec. 104. Benefit information to workers. Title II—Program Benefits Subtitle A—Readjustment Allowances Sec. 201. Qualifying requirements for workers. Sec. 202. Weekly amounts. Subtitle B—Training, Other Employment Services, and Allowances Sec. 221. Employment and case management services. Sec. 222. Training. Sec. 223. Job search allowances. Sec. 224. Relocation allowances. Title III—General Provisions Sec. 301. Establishment of Commission. Sec. 302. Agreements with States. Sec. 303. Administration absent State agreement. Sec. 304. Liability of certifying and disbursing officers. Sec. 305. Fraud and recovery of overpayments. Sec. 306. Penalties. Sec. 307. Agency funding limitations and authorization of appropriations. Sec. 308. Agency reports of wasteful and excessive spending required. Sec. 309. Regulations. Sec. 310. Subpoena power. 2. Definitions As used in this Act, the following definitions apply: (1) The term adversely affected employment means employment in a company or appropriate subdivision of a company, if workers of such company or subdivision are eligible to apply for adjustment assistance under this Act. (2) The term adversely affected worker means an individual who, because of lack of work in adversely affected employment— (A) has been totally or partially separated from such employment, or (B) has been totally separated from employment with the company in a subdivision of which such adversely affected employment exists. (3) The term average weekly wage means one-thirteenth of the total wages paid to an individual in the high quarter. For purposes of this computation, the high quarter shall be that quarter in which the individual’s total wages were highest among the first 4 of the last 5 completed calendar quarters immediately before the quarter in which occurs the week with respect to which the computation is made. Such week shall be the week in which total separation occurred, or, in cases where partial separation is claimed, an appropriate week, as defined in regulations prescribed by the Secretary. (4) The term average weekly hours means the average hours worked by the individual (excluding overtime) in the employment from which he has been or claims to have been separated in the 52 weeks (excluding weeks during which the individual was sick or on vacation) preceding the week specified in the last sentence of paragraph (3). (5) The term benefit period means, with respect to an individual— (A) the benefit year and any ensuing period, as determined under applicable State law, during which the individual is eligible for regular compensation, additional compensation, or extended compensation; or (B) the equivalent to such a benefit year or ensuing period provided for under the applicable Federal unemployment insurance law. (6) The term Commission means the Critical Employment Advisory Commission established under section 301. (7) (A) The term job search program means a job search workshop or job finding club. (B) The term job search workshop means a short (1 to 3 days) seminar designed to provide participants with knowledge that will enable the participants to find jobs. Subjects are not limited to, but should include, labor market information, resume writing, interviewing techniques, and techniques for finding job openings. (C) The term job finding club means a job search workshop which includes a period (1 and 2 weeks) of structured, supervised activity in which participants attempt to obtain jobs. (8) The term on-the-job training means training provided by an employer to an individual who is employed by the employer. (9) The term partial separation means, with respect to an individual who has not been totally separated, that he or she has had— (A) his or her hours of work reduced to 80 percent or less of his or her average weekly hours in adversely affected employment; and (B) his or her wages reduced to 80 percent or less of his or her average weekly wage in such adversely affected employment. (10) The term State agency means the agency of the State which administers the State law. (11) The term State law means the unemployment insurance law of the State approved by the Secretary of Labor under section 3304 of the Internal Revenue Code of 1986. (12) The term total separation means the layoff or severance of an individual from employment with a company in which, or in a subdivision of which, adversely affected employment exists. (13) The term unemployment insurance means the unemployment compensation payable to an individual under any State law or Federal unemployment compensation law, including chapter 85 of title 5, United States Code, and the Railroad Unemployment Insurance Act. The terms regular compensation , additional compensation , and extended compensation have the same respective meanings that are given them in section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 ( 26 U.S.C. 3304 note). (14) The term week means a week as defined in the applicable State law. (15) The term week of unemployment means a week of total, part-total, or partial unemployment as determined under the applicable State law or Federal unemployment insurance law. I Petitions and Determinations 101. Petitions (a) In general A petition for certification of eligibility to apply for adjustment assistance for a group of workers under this Act may be filed simultaneously with the Commission and with the Governor of the State in which such workers’ company is located by any of the following: (1) The group of workers. (2) The certified or recognized union or other duly authorized representative of such workers. (3) Employers of such workers, one-stop operators or one-stop partners (as defined in section 101 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 )), including State employment security agencies, or the State dislocated worker unit established under title I of such Act, on behalf of such workers. (b) Actions by a Governor Upon receipt of a petition filed under subsection (a), the Governor shall— (1) ensure that rapid response activities and appropriate core and intensive services (as described in section 134 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2864 )) authorized under other Federal laws are made available to the workers covered by the petition to the extent authorized under such laws; and (2) assist the Commission in the review of the petition by verifying such information and providing such other assistance as the Commission may request. (c) Actions by the Commission Upon receipt of the petition, the Commission shall promptly publish notice in the Federal Register and on the website of the Commission that the Commission has received the petition and initiated an investigation. (d) Hearing If the petitioner, or any other person found by the Commission to have a substantial interest in the proceedings, submits not later than 10 days after the date of the Commission’s publication under subsection (c) a request for a hearing, the Commission shall provide for a public hearing and afford such interested persons an opportunity to be present, to produce evidence, and to be heard. 102. Group eligibility requirements (a) Criteria A group of workers shall be certified by the Commission as eligible to apply for adjustment assistance under this Act pursuant to a petition filed under section 101 if the Commission determines that— (1) such workers were coal miners, coal utility workers, or other workers in the coal industry or a coal-dependent industry, as determined by the Commission; (2) a significant number or proportion of the workers in such workers’ company have become totally or partially separated, or are threatened to become totally or partially separated or have experienced or are threatened to experience a significant reduction in wages; (3) (A) sales or production, or both, of such company have decreased absolutely; (B) there has been a shift by such workers’ company to other types of sales or products; (C) such workers’ company has been closed or relocated or acquired from another entity or foreign country; or (D) the sales or production or both have caused a shift that contributed to such worker’s separation or threat of separation; and (4) the separation or partial separation or reduction in wages described in paragraph (1) any of the actions described in paragraph (2) the Commission determines to have occurred are directly attributable to— (A) actions by the Federal Government; (B) the low-cost of other forms of energy; (C) the existence of State-to-State electricity market competition; or (D) other reasons as determined by the Commission. (b) Basis for Commission Determinations (1) In general The Commission shall, in determining whether to certify a group of workers under section 103, obtain from the workers’ company, or a customer of the workers’ company, information the Commission determines to be necessary to make the certification, through questionnaires and in such other manner as the Commission determines appropriate. The Commission shall establish standards, including data requirements, for investigations of petitions filed under section 101 and criteria for making determinations under section 103. (2) Additional information The Commission may seek additional information to determine whether to certify a group of workers— (A) by contacting— (i) officials or employees of the workers’ company; (ii) officials of certified or recognized unions or other duly authorized representatives of the group of workers; (iii) the Administrator of the Environmental Protection Agency, the Secretary of Energy, the Secretary of Labor, the Federal Energy Regulatory Commission, the United States Army Corps of Engineers, the Secretary of the Interior, the United States Geological Survey, the Secretary of Agriculture, the Secretary of Commerce, or the Secretary of the Treasury, as applicable; and (B) by using other available sources of information. (3) Verification of information (A) Certification The Commission shall require a company or customer to certify— (i) all information obtained under paragraph (1) from the company through questionnaires; and (ii) all other information obtained under paragraph (1) from the company on which the Commission relies in making a determination under section 103, unless the Commission has a reasonable basis for determining that such information is accurate and complete without being certified. (B) Use of subpoenas The Commission shall require the workers’ company to provide information requested by the Commission under paragraph (1) by subpoena pursuant to section 310 if the company fails to provide the information within 20 days after the date of the Commission's request, unless the company demonstrates to the satisfaction of the Commission that the company will provide the information within a reasonable period of time. (C) Protection of confidential information The Commission may not release information obtained under paragraph (1) that the Commission considers to be confidential business information unless the company submitting the confidential business information had notice, at the time of submission, that the information would be released by the Commission, or the company subsequently consents to the release of the information. Nothing in this subparagraph shall be construed to prohibit the Commission from providing such confidential business information to a court in camera or to another party under a protective order issued by a court. 103. Determinations and certifications (a) In general As soon as possible after the date on which a petition is filed under section 101, but in any event not later than 40 days after that date, the Commission shall determine whether the petitioning group meets the requirements of section 102 and shall issue a certification of eligibility to apply for assistance under this Act covering workers in any group which meets such requirements. Each certification shall specify the date on which the total or partial separation began or threatened to begin. (b) Publication Not later than 5 days after reaching a determination on a petition, the Commission shall publish a summary of the determination in the Federal Register and on the website of the Commission, together with the Commission’s reasons for making such determination. (c) Termination of certification Whenever the Commission determines, with respect to any certification of eligibility of the workers of a company, that total or partial separations from such company are no longer attributable to the factors described in section 102(a), the Commission shall terminate such certification and promptly have notice of such termination published in the Federal Register and on the website of the Commission, together with the Commission’s reasons for making such determination. Such termination shall apply only with respect to total or partial separations occurring after the termination date specified by the Commission. 104. Benefit information to workers (a) General information The Commission shall provide full information to workers about the benefit allowances, training, and other employment services available under this Act and about the petition and application procedures, and the appropriate filing dates, for such allowances, training and services. The Commission shall provide whatever assistance is necessary to enable groups of workers to prepare petitions or applications for program benefits. The Commission shall make every effort to insure that cooperating State agencies fully comply with the agreements entered into under section 302 and shall periodically review such compliance. The Commission shall inform the State Board for Vocational Education or equivalent agency and other public or private agencies, institutions, and employers, as appropriate, of each certification issued under section 103 and of projections, if available, of the needs for training under section 222 as a result of such certification. (b) Written notice to individuals (1) The Commission shall provide written notice through the mail of the benefits available under this Act to each worker whom the Commission has reason to believe is covered by a certification made under title I— (A) at the time such certification is made, if the worker was partially or totally separated from the adversely affected employment before such certification, or (B) at the time of the total or partial separation of the worker from the adversely affected employment, if subparagraph (A) does not apply. (c) Published notice The Commission shall publish notice of the benefits available under this Act to workers covered by each certification made under title I in newspapers of general circulation in the areas in which such workers reside. (d) Notification to Department of Commerce Upon issuing a certification under section 103, the Commission shall notify the Secretary of Commerce of the identity of each company covered by the certification. II Program Benefits A Readjustment Allowances 201. Qualifying requirements for workers (a) General qualifications Payment of a readjustment allowance shall be made to an adversely affected worker covered by a certification under title I who files an application for such allowance for any week of unemployment which begins on or after the date of such certification, if the following conditions are met: (1) Such worker’s total or partial separation before the worker’s application under this subtitle occurred— (A) on or after the date, as specified in the certification under which the worker is covered, on which total or partial separation began or threatened to begin in the adversely affected employment, (B) before the expiration of the 2-year period beginning on the date on which the determination under section 103 was made, and (C) before the termination date (if any) determined pursuant to section 101. (2) Such worker had, in the 52-week period ending with the week in which such total or partial separation occurred, at least 26 weeks of employment at wages of $30 or more a week in adversely affected employment with a single company, or, if data with respect to weeks of employment with a company are not available, equivalent amounts of employment computed under regulations prescribed by the Commission. For the purposes of this paragraph, any week in which such worker— (A) is on employer-authorized leave for purposes of vacation, sickness, injury, maternity, or inactive duty or active duty military service for training, (B) does not work because of a disability that is compensable under a workmen's compensation law or plan of a State or the United States, (C) had his or her employment interrupted in order to serve as a full-time representative of a labor organization in such company, or (D) is on call-up for purposes of active duty in a reserve status in the Armed Forces of the United States, shall be treated as a week of employment at wages of $30 or more, but not more than 7 weeks, in case of weeks described in subparagraph (A) or (C), or both (and not more than 26 weeks, in the case of weeks described in subparagraph (B) or (D)), may be treated as weeks of employment under this sentence. (3) Such worker— (A) was entitled to (or would be entitled to if the worker applied therefor) unemployment insurance for a week within the benefit period (i) in which such total or partial separation took place, or (ii) which began (or would have begun) by reason of the filing of a claim for unemployment insurance by such worker after such total or partial separation; (B) has exhausted all rights to any unemployment insurance, except additional compensation that is funded by a State and is not reimbursed from any Federal funds, to which the worker was entitled (or would be entitled if the worker applied therefor); and (C) does not have an unexpired waiting period applicable to the worker for any such unemployment insurance. (4) Such worker, with respect to such week of unemployment, would not be disqualified for extended compensation payable under the Federal-State Extended Unemployment Compensation Act of 1970 by reason of the work acceptance and job search requirements in section 202(a)(3) of such Act. (5) Such worker— (A) (i) is enrolled in a training program approved by the Commission under section 222, and (ii) the enrollment required under clause (i) occurs no later than the latest of— (I) in the case of a worker whose most recent total separation from adversely affected employment that meets the requirements of paragraphs (1) and (2) occurs after the date on which the Commission issues a certification covering the worker, the last day of the 26th week after such total separation, (II) in the case of a worker whose most recent total separation from adversely affected employment that meets the requirements of paragraphs (1) and (2) occurs before the date on which the Commission issues a certification covering the worker, the last day of the 26th week after the date of such certification, (III) 45 days after the date specified in subclause (I) or (II), as the case may be, if the Commission determines there are extenuating circumstances that justify an extension in the enrollment period, (IV) in the case of a worker who fails to enroll by the date required by subclause (I), (II), or (III), as the case may be, due to the failure to provide the worker with timely information regarding the date specified in such subclause, the last day of a period determined by the Commission, or (V) the last day of a period determined by the Commission to be approved for enrollment after the termination of a waiver issued pursuant to subsection (c), (B) has, after the date on which the worker became totally separated, or partially separated, from the adversely affected employment, completed a training program approved by the Commission under section 222(a), or (C) has received a written statement under subsection (c)(1) after the date described in subparagraph (B). (b) Disqualification If— (1) the Commission determines that— (A) the adversely affected worker— (i) has failed to begin participation in the training program the enrollment in which meets the requirement of subsection (a)(5), or (ii) has ceased to participate in such training program before completing such training program, and (B) there is no justifiable cause for such failure or cessation, or (2) the certification made with respect to such worker under subsection (c)(1) is revoked under subsection (c)(2), no readjustment allowance may be paid to the adversely affected worker under this part for the week in which such failure, cessation, or revocation occurred, or any succeeding week, until the adversely affected worker begins or resumes participation in a training program approved under section 222. (c) Waivers of training requirements (1) Issuance of waivers The Commission may issue a written statement to an adversely affected worker waiving the requirement to be enrolled in training described in subsection (a)(5)(A) if the Commission determines that it is not feasible or appropriate for the worker, because of 1 or more of the following reasons: (A) Health The worker is unable to participate in training due to the health of the worker, except that a waiver under this subparagraph shall not be construed to exempt a worker from requirements relating to the availability for work, active search for work, or refusal to accept work under Federal or State unemployment compensation laws. (B) Enrollment unavailable The first available enrollment date for the approved training of the worker is within 60 days after the date of the determination made under this paragraph, or, if later, there are extenuating circumstances for the delay in enrollment, as determined pursuant to guidelines issued by the Commission. (C) Training not available Training approved by the Commission is not reasonably available to the worker from either governmental agencies or private sources (which may include area career and technical education schools, as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ), and employers), no training that is suitable for the worker is available at a reasonable cost, or no training funds are available. (D) Nearing retirement The worker is within 3 years of the age of retirement. (2) Duration of waivers (A) In general Except as provided in paragraph (3)(B), a waiver issued under paragraph (1) shall be effective for not more than 6 months after the date on which the waiver is issued, unless the Commission determines otherwise. (B) Revocation The Commission shall revoke a waiver issued under paragraph (1) if the Commission determines that the basis of a waiver is no longer applicable to the worker and shall notify the worker in writing of the revocation. 202. Weekly amounts (a) In general Subject to subsections (b), (c), and (d), the readjustment allowance payable to an adversely affected worker for a week of unemployment shall be an amount equal to the most recent weekly benefit amount of the unemployment insurance payable to the worker for a week of total unemployment preceding the worker’s first exhaustion of unemployment insurance (as determined for purposes of section 201(a)(3)(B)) reduced (but not below zero) by— (1) any training allowance deductible under subsection (c); and (2) income that is deductible from unemployment insurance under the disqualifying income provisions of the applicable State law or Federal unemployment insurance law, except that in the case of an adversely affected worker who is participating in training under this Act, such income shall not include earnings from work for such week that are equal to or less than the most recent weekly benefit amount of the unemployment insurance payable to the worker for a week of total unemployment preceding the worker's first exhaustion of unemployment insurance (as determined for purposes of section 201(a)(3)(B)). (b) Greater of Transition Adjustment allowance or other job training allowance Any adversely affected worker who is entitled to readjustment allowances and who is undergoing training approved by the Commission, shall receive for each week in which he or she is undergoing any such training, a readjustment allowance in an amount (computed for such week) equal to the amount computed under subsection (a) or (if greater) the amount of any weekly allowance for such training to which he would be entitled under any other Federal law for the training of workers, if he applied for such allowance. Such readjustment allowance shall be paid in lieu of any training allowance to which the worker would be entitled under such other Federal law. (c) No double-Dipping If a training allowance under any Federal law other than this Act, is paid to an adversely affected worker for any week of unemployment with respect to which he would be entitled (determined without regard to any disqualification under section 201(b)) to a readjustment allowance if he applied for such allowance, each such week shall be deducted from the total number of weeks of readjustment allowance otherwise payable to him or her under this section when he applies for a readjustment allowance and is determined to be entitled to such allowance. If such training allowance paid to such worker for any week of unemployment is less than the amount of the readjustment allowance to which he would be entitled if he applied for such allowance, he shall receive, when he applies for a readjustment allowance and is determined to be entitled to such allowance, a readjustment allowance for such week equal to such difference. (d) Election of Transition Adjustment Allowance or Unemployment Insurance Notwithstanding section 201(a)(3)(B), an adversely affected worker may elect to receive a readjustment allowance instead of unemployment insurance during any week with respect to which the worker— (1) is entitled to receive unemployment insurance as a result of the establishment by the worker of a new benefit year under State law, based in whole or in part upon part-time or short-term employment in which the worker engaged after the worker's most recent total separation from adversely affected employment; and (2) is otherwise entitled to a readjustment allowance. (e) Maximum allowance The maximum amount of readjustment allowances payable with respect to the period covered by any certification to an adversely affected worker shall be the amount which is the product of 52 multiplied by the readjustment allowance payable to the worker for a week of total unemployment (as determined under subsection (a)), but such product shall be reduced by the total sum of the unemployment insurance to which the worker was entitled (or would have been entitled if he had applied therefor) in the worker's first benefit period described in section 201(a)(3)(A). B Training, Other Employment Services, and Allowances 221. Employment and case management services The Commission shall make available, directly or through agreements with States under section 302, to adversely affected workers and adversely affected incumbent workers covered by a certification under title I of this Act the following employment and case management services: (1) Comprehensive and specialized assessment of skill levels and service needs, including through— (A) diagnostic testing and use of other assessment tools; and (B) in-depth interviewing and evaluation to identify employment barriers and appropriate employment goals. (2) Development of an individual employment plan to identify employment goals and objectives, and appropriate training to achieve those goals and objectives. (3) Information on training available in local and regional areas, information on individual counseling to determine which training is suitable training, and information on how to apply for such training. (4) Information on how to apply for financial aid, including referring workers to educational opportunity centers described in section 402F of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–16 ), where applicable, and notifying workers that the workers may request financial aid administrators at institutions of higher education (as defined in section 102 of such Act ( 20 U.S.C. 1002 )) to use the administrators' discretion under section 479A of such Act (20 U.S.C. 1087tt) to use current year income data, rather than preceding year income data, for determining the amount of need of the workers for Federal financial assistance under title IV of such Act ( 20 U.S.C. 1070 et seq. ). (5) Short-term prevocational services, including development of learning skills, communications skills, interviewing skills, punctuality, personal maintenance skills, and professional conduct to prepare individuals for employment or training. (6) Individual career counseling, including job search and placement counseling, during the period in which the individual is receiving a adjustment allowance or training under this Act, and after receiving such training for purposes of job placement. (7) Provision of employment statistics information, including the provision of accurate information relating to local, regional, and national labor market areas, including— (A) job vacancy listings in such labor market areas; (B) information on jobs skills necessary to obtain jobs identified in job vacancy listings described in subparagraph (A); (C) information relating to local occupations that are in demand and earnings potential of such occupations; and (D) skills requirements for local occupations described in subparagraph (C). (8) Information relating to the availability of supportive services, including services relating to child care, transportation, dependent care, housing assistance, and need-related payments that are necessary to enable an individual to participate in training. 222. Training (a) Approval for training (1) Approval If the Commission determines, with respect to an adversely affected worker or an adversely affected incumbent worker, that— (A) there is no suitable employment (which may include technical and professional employment) available for an adversely affected worker, (B) the worker would benefit from appropriate training, (C) there is a reasonable expectation of employment following completion of such training, (D) training approved by the Commission is reasonably available to the worker from either governmental agencies or private sources (which may include area career and technical education schools, as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006, and employers), (E) the worker is qualified to undertake and complete such training, and (F) such training is suitable for the worker and available at a reasonable cost, the Commission shall approve such training for the worker. Upon such approval, the worker shall be entitled to have payment of the costs of such training (subject to the limitations imposed by this section) paid on the worker's behalf by the Commission directly or through a voucher system. Insofar as possible, the Secretary shall provide or assure the provision of such training on the job, which shall include related education necessary for the acquisition of skills needed for a position within a particular occupation. (2) Funding and limitation on total distribution of funds (A) The total amount of payments that may be made under paragraph (1) for any fiscal year shall not exceed $250,000,000. (B) If, during any fiscal year, the Secretary estimates that the amount of funds necessary to pay the costs of training approved under this section will exceed the amount of the limitation imposed under subparagraph (A), the Secretary shall decide how the portion of such limitation that has not been expended at the time of such estimate is to be apportioned among the States for the remainder of such fiscal year. (3) Reasonable expectation of employment For purposes of applying paragraph (1)(C), a reasonable expectation of employment does not require that employment opportunities for a worker be available, or offered, immediately upon the completion of training approved under paragraph (1). (4) No double-dipping If the costs of training an adversely affected worker or an adversely affected incumbent worker are paid by the Commission under paragraph (1), no other payment for such costs may be made under any other provision of Federal law. No payment may be made under paragraph (1) of the costs of training an adversely affected worker or an adversely affected incumbent worker if such costs— (A) have already been paid under any other provision of Federal law, or (B) are reimbursable under any other provision of Federal law and a portion of such costs have already been paid under such other provision of Federal law. (b) Qualifying training programs (1) In general The training programs that may be approved under subsection (a)(1) include— (A) employer-based training, including— (i) on-the-job training, (ii) customized training, and (iii) apprenticeship programs, (B) any training program provided by a State pursuant to title I of the Workforce Investment Act of 1998, (C) any training program approved by a private industry council established under section 102 of such Act, (D) any program of remedial education, (E) any program of prerequisite education or coursework required to enroll in training that may be approved under this section, (F) any training program for which all, or any portion, of the costs of training the worker are paid— (i) under any Federal or State program other than this Act, or (ii) from any source other than this section, (G) any other training program approved by the Commission, and (H) any training program or coursework at an accredited institution of higher education (described in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )), including a training program or coursework for the purpose of— (i) obtaining a degree or certification, or (ii) completing a degree or certification that the worker had previously begun at an accredited institution of higher education. (2) Limitation The Commission may not limit approval of a training program under paragraph (1) to a program provided pursuant to title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.). The Commission is not required under paragraph (1) to pay the costs of any training approved under paragraph (1) to the extent that such costs are paid— (A) under any Federal or State program other than this Act, or (B) from any source other than this section. (3) Reasons for not approving training programs The Commission shall not approve a training program if— (A) all or a portion of the costs of such training program are paid under any nongovernmental plan or program, (B) the adversely affected worker or adversely affected incumbent worker has a right to obtain training or funds for training under such plan or program, and (C) such plan or program requires the worker to reimburse the plan or program from funds provided under this Act, or from wages paid under such training program, for any portion of the costs of such training program paid under the plan or program. (c) Supplemental assistance The Commission may, where appropriate, authorize supplemental assistance necessary to defray reasonable transportation and subsistence expenses for separate maintenance when training is provided in facilities which are not within commuting distance of a worker's regular place of residence. The Commission may not authorize— (1) payments for subsistence that exceed whichever is the lesser of (A) the actual per diem expenses for subsistence, or (B) payments at 50 percent of the prevailing per diem allowance rate authorized under the Federal travel regulations, or (2) payments for travel expenses exceeding the prevailing mileage rate authorized under the Federal travel regulations. (d) On-the-Job Training Requirements (1) In general The Commission may approve on-the-job training for any adversely affected worker if—(A) the worker meets the requirements for training to be approved under subsection (a)(1); (B) the Commission determines that on-the-job training—(i) can reasonably be expected to lead to suitable employment with the employer offering the on-the-job training; (ii) is compatible with the skills of the worker; (iii) includes a curriculum through which the worker will gain the knowledge or skills to become proficient in the job for which the worker is being trained; and (iv) can be measured by benchmarks that indicate that the worker is gaining such knowledge or skills; and (C) the State determines that the on-the-job training program meets the requirements of clauses (iii) and (iv) of subparagraph (B). (2) Monthly payments The Commission shall pay the costs of on-the-job training approved under paragraph (1) in monthly installments. (3) Contracts for on-the-job training The Commission shall ensure, in entering into a contract with an employer to provide on-the-job training to a worker under this subsection, that the skill requirements of the job for which the worker is being trained, the academic and occupational skill level of the worker, and the work experience of the worker are taken into consideration. Training under any such contract shall be limited to the period of time required for the worker receiving on-the-job training to become proficient in the job for which the worker is being trained, but may not exceed 104 weeks in any case. (4) Exclusion of certain employers The Commission shall not enter into a contract for on-the-job training with an employer that exhibits a pattern of failing to provide workers receiving on-the-job training from the employer with— (A) continued, long-term employment as regular employees; and (B) wages, benefits, and working conditions that are equivalent to the wages, benefits, and working conditions provided to regular employees who have worked a similar period of time and are doing the same type of work as workers receiving on-the-job training from the employer. (5) Labor standards The Commission may pay the costs of on-the-job training, notwithstanding any other provision of this section, only if— (A) no currently employed worker is displaced by such adversely affected worker (including partial displacement such as a reduction in the hours of non-overtime work, wages, or employment benefits), (B) such training does not impair existing contracts for services or collective bargaining agreements, (C) in the case of training which would be inconsistent with the terms of a collective bargaining agreement, the written concurrence of the labor organization concerned has been obtained, (D) no other individual is on layoff from the same, or any substantially equivalent, job for which such adversely affected worker is being trained, (E) the employer has not terminated the employment of any regular employee or otherwise reduced the workforce of the employer with the intention of filling the vacancy so created by hiring such adversely affected worker, (F) the job for which such adversely affected worker is being trained is not being created in a promotional line that will infringe in any way upon the promotional opportunities of currently employed individuals, (G) such training is not for the same occupation from which the worker was separated and with respect to which such worker's group was certified pursuant to section 103, (H) the employer is provided reimbursement of not more than 50 percent of the wage rate of the participant, for the cost of providing the training and additional supervision related to the training, (I) the employer has not received payment under subsection (a)(1) with respect to any other on-the-job training provided by such employer which failed to meet the requirements of subparagraphs (A), (B), (C), (D), (E), and (F), and (J) the employer has not taken, at any time, any action which violated the terms of any certification described in subparagraph (H) made by such employer with respect to any other on-the-job training provided by such employer for which the Commission has made a payment under subsection (a)(1). (e) Eligibility An adversely affected worker may not be determined to be ineligible or disqualified for unemployment insurance or program benefits under this subtitle— (1) because the worker— (A) is enrolled in training approved under subsection (a); (B) left work— (i) that was not suitable employment in order to enroll in such training; or (ii) that the worker engaged in on a temporary basis during a break in such training or a delay in the commencement of such training; or (iii) left on-the-job training not later than 30 days after commencing such training because the training did not meet the requirements of subsection (c)(1)(B); or (2) because of the application to any such week in training of the provisions of State law or Federal unemployment insurance law relating to availability for work, active search for work, or refusal to accept work. (f) Definitions For purposes of this section— (1) the term suitable employment means, with respect to a worker, work of a substantially equal or higher skill level than the worker's past adversely affected employment, and wages for such work at not less than 80 percent of the worker's average weekly wage; and (2) the term customized training means training that is— (A) designed to meet the special requirements of an employer or group of employers; (B) conducted with a commitment by the employer or group of employers to employ an individual upon successful completion of the training; and (C) for which the employer pays for a significant portion (but in no case less than 50 percent) of the cost of such training, as determined by the Commission. 223. Job search allowances (a) Job Search Allowance Authorized (1) In general Each State may use funds made available to the State to carry out sections 221 through 224 to allow an adversely affected worker covered by a certification issued under section 103 to file an application with the Commission for payment of a job search allowance. (2) Approval of applications The Commission may grant an allowance pursuant to an application filed under paragraph (1) when all of the following apply: (A) The allowance is paid to assist an adversely affected worker who has been totally separated in securing a job within the United States. (B) The Commission determines that the worker cannot reasonably be expected to secure suitable employment in the commuting area in which the worker resides. (C) The worker has filed an application for the allowance with the Commission at such time and containing such information as the Commission may determine. (b) Amount of Allowance (1) In general Any allowance granted under subsection (a) shall provide reimbursement to the worker of not more than 90 percent of the necessary job search expenses of the worker as prescribed by the Commission in regulations. (2) Maximum allowance Reimbursement under this subsection may not exceed $1,250 for any worker. (3) Exception Notwithstanding subsection (b), a State may reimburse any adversely affected worker for necessary expenses incurred by the worker in participating in a job search program approved by the Commission. 224. Relocation allowances (a) Relocation Allowance Authorized (1) In general Each State may use funds made available to the State to carry out sections 221 through 224 to allow an adversely affected worker covered by a certification issued under section 103 to file an application for a relocation allowance with the Commission, and the Commission may grant the relocation allowance, subject to the terms and conditions of this section. (2) Conditions for granting allowance A relocation allowance may be granted if all of the following terms and conditions are met: (A) The relocation allowance will assist an adversely affected worker in relocating within the United States. (B) The Commission determines that the worker cannot reasonably be expected to secure suitable employment in the commuting area in which the worker resides. (C) The worker is totally separated from employment at the time relocation commences. (D) The worker— (i) has obtained suitable employment affording a reasonable expectation of long-term duration in the area in which the worker wishes to relocate; or (ii) has obtained a bona fide offer of such employment. (E) The worker filed an application with the Commission before— (i) the later of— (I) the 425th day after the date of the certification under title I of this Act; or (II) the 425th day after the date of the worker's last total separation; or (ii) the date that is the 182d day after the date on which the worker concluded training. (b) Amount of allowance Any relocation allowance granted to a worker under subsection (a) shall include— (1) not more than 90 percent of the reasonable and necessary expenses (including, but not limited to, subsistence and transportation expenses at levels not exceeding those allowable under section 222(b) (1) and (2) specified in regulations prescribed by the Commission) incurred in transporting the worker, the worker's family, and household effects; and (2) a lump sum equivalent to 3 times the worker's average weekly wage, up to a maximum payment of $1,250. (c) Limitations A relocation allowance may not be granted to a worker unless— (1) the relocation occurs within 182 days after the filing of the application for relocation assistance; or (2) the relocation occurs within 182 days after the conclusion of training, if the worker entered a training program approved by the Commission under section 222(b) (1) and (2). III General Provisions 301. Establishment of Commission (a) Establishment There is established the Critical Employment Advisory Commission to administer and carry out all of the functions assigned to the Commission under this Act. (b) Membership and appointment (1) In general The Commission shall be composed of 23 members who, not later than 120 days after the date of enactment shall be appointed in accordance with the following: (A) Twenty members appointed by the President based on five individuals recommended by each of Majority and Minority Leaders of the Senate and the Speaker and Minority Leader of the House of Representatives; (B) The Secretary of Commerce or the Secretary’s designee; (C) The Secretary of Labor or the Secretary’s designee; and (D) The Secretary of the Treasury or the Secretary’s designee. (2) Qualifications The members appointed shall be appointed from among United States citizens who are not officers or employees of any government. To the extent practicable, members shall have diverse experiences, expertise, and historical perspectives on manufacturing, industry, agriculture, trade, infrastructure, resources, development, labor, government and corporate policies, homeland security, defense, contracting, energy, building and construction, and small business. (c) Terms As designated by the President at the time of appointment, 5 of the members first appointed 5 shall be appointed for a term of 1 year, 5 members for a term of 2 years, 5 members for a term of 3 years, and 5 members for a term of 4 years. (d) Vacancies A vacancy in the Commission shall be filled in the manner in which the original appointment was made. A member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member’s term until a successor has taken office. (e) Rates of pay for members Members shall each be paid at a rate not to exceed level GS–15 of the General Schedule. (f) Director The Commission shall have a Director who shall be appointed by the Commission from among nominations made by the Chairperson. The director shall be paid at a rate equal to the rate of basic pay for GS–15 of the General Schedule. (g) Federal employee Detailees Upon request of the Director, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this section. (h) Powers of the Commission (1) In general The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this section. Upon request of the Chairperson of the Commission, the head of that department or agency shall furnish that information to the Commission. (2) Agency information deadlines If information is requested of the any of the agencies described in section 102(b)(2)(A)(iii) and not received within 60 days, the Commission shall deem the certification as approved. The applicable agency may ask for an additional 30-day extension to be approved or disapproved by the Committee within 10 days of the 60-day deadline. (3) Job Impact analyses The Commission is authorized to analyze and issue reports assessing the impact of any government action or of market conditions on jobs in any region of the United States, including the impact on specific occupations and an assessment of the net gain or loss of jobs as a result of the government action or of market conditions. Such an analysis and report may also be requested by a Federal agency or by a group of workers petitioning for assistance under title I. Any report issued by the Commission under this paragraph shall be transmitted to Congress and made available to the public on an Internet website. (4) Mails The Commission may use the United States mail system in the same manner and under the same conditions as other departments and agencies of the United States. (5) Administrative support Upon request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (i) Review and audit The Commission shall be subject to review and audit by the Comptroller General. Not later than 180 days after which all of the members are appointed to the Commission, and annually thereafter, the Commission shall transmit a report to Congress, to the President, and to the agencies described in section 102(b)(2)(A)(iii). The report shall contain a detailed statement of the findings, conclusions of the Commission’s duties. 302. Agreements with States (a) In general The Commission is authorized on behalf of the United States to enter into an agreement with any State, or with any State agency (referred to in this title as cooperating States and cooperating States agencies respectively). Under such an agreement, the cooperating State agency shall— (1) as agent of the United States, receive applications for and provide payments on the basis provided in this Act, (2) in accordance with subsection (f), make available to adversely affected workers covered by a certification under section 203 the employment and case management services described in section 221, and (3) make any certifications required under section 201(c) (2) and (4) and shall otherwise cooperate with the Commission and with other State and Federal agencies in providing payments and services under this Act. (b) terms and conditions Each agreement under this subchapter shall provide the terms and conditions upon which the agreement may be amended, suspended, or terminated. (c) Form and Manner of Data Each agreement under this subchapter shall— (1) provide the Commission with the authority to collect any data the Commission determines necessary to meet the requirements of this Act; and (2) specify the form and manner in which any such data requested by the Commission shall be reported. (d) Review A determination by a cooperating State agency with respect to entitlement to program benefits under an agreement is subject to review in the same manner and to the same extent as determinations under the applicable State law and only in that manner and to that extent. (e) Coordination and administration Any agreement entered into under this section shall provide for the coordination of the administration of the provisions for employment services, training, and supplemental assistance under sections 221 and 222 of this Act and under title I of the Workforce Investment Act of 1998 upon such terms and conditions as are established by the Commission in consultation with the States and set forth in such agreement. Any agency of the State jointly administering such provisions under such agreement shall be considered to be a cooperating State agency for purposes of this Act. (f) Additional responsibilities Each cooperating State agency shall, in carrying out subsection (a)(2)— (1) advise each worker who applies for unemployment insurance of the benefits under this Act and the procedures and deadlines for applying for such benefits; (2) facilitate the early filing of petitions under section 101 for any workers that the agency considers are likely to be eligible for benefits under this Act; (3) advise each adversely affected worker to apply for training under section 222(a) before, or at the same time, the worker applies for readjustment allowances under subtitle A of title II; (4) perform outreach to, intake of, and orientation for adversely affected workers and adversely affected incumbent workers covered by a certification under title I with respect to assistance and benefits available under this Act; and (5) make employment and case management services described in section 221 available to adversely affected workers and adversely affected incumbent workers covered by a certification under title I and, if funds provided to carry out this title are insufficient to make such services available, make arrangements to make such services available through other Federal programs. (g) Control Measures (1) In general The Commission shall require each cooperating State and cooperating State agency to implement effective control measures and to effectively oversee the operation and administration of the adjustment assistance program under this Act, including by means of monitoring the operation of control measures to improve the accuracy and timeliness of the data being collected and reported. (2) Definition For purposes of paragraph (1), the term control measures means measures that— (A) are internal to a system used by a State to collect data; and (B) are designed to ensure the accuracy and verifiability of such data. (h) Data Reporting (1) In general Any agreement entered into under this section shall require the cooperating State or cooperating State agency to report to the Commission on a quarterly basis comprehensive performance accountability data, to consist of— (A) the core indicators of performance described in paragraph (2)(A); (B) the additional indicators of performance described in paragraph (2)(B), if any; and (C) a description of efforts made to improve outcomes for workers under the adjustment assistance program. (2) Core indicators described (A) In general The core indicators of performance described in this paragraph are— (i) the percentage of workers receiving benefits under this Act who are employed during the first or second calendar quarter following the calendar quarter in which the workers cease receiving such benefits; (ii) the percentage of such workers who are employed during the 2 calendar quarters following the earliest calendar quarter during which the worker was employed as described in clause (i); (iii) the average earnings of such workers who are employed during the 2 calendar quarters described in clause (ii); and (iv) the percentage of such workers who obtain a recognized postsecondary credential, including an industry-recognized credential, or a secondary school diploma or its recognized equivalent if combined with employment under clause (i), while receiving benefits under this Act or during the 1-year period after such workers cease receiving such benefits. (B) Additional indicators The Commission and a cooperating State or cooperating State agency may agree upon additional indicators of performance for the adjustment assistance program under this Act, as appropriate. (3) Standards with respect to reliability of data In preparing the quarterly report required by paragraph (1), each cooperating State or cooperating State agency shall establish procedures that are consistent with guidelines to be issued by the Commission to ensure that the data reported are valid and reliable. (i) Verification of Eligibility for Program Benefits (1) In general An agreement under this subchapter shall provide that the State shall periodically redetermine that a worker receiving benefits under this subchapter who is not a citizen or national of the United States remains in a satisfactory immigration status. Once satisfactory immigration status has been initially verified through the immigration status verification system described in section 1137(d) of the Social Security Act ( 42 U.S.C. 1320b–7(d) ) for purposes of establishing a worker's eligibility for unemployment compensation, the State shall reverify the worker's immigration status if the documentation provided during initial verification will expire during the period in which that worker is potentially eligible to receive benefits under this subchapter. The State shall conduct such redetermination in a timely manner, utilizing the immigration status verification system described in section 1137(d) of the Social Security Act ( 42 U.S.C. 1320b–7(d) ). (2) Procedures The Commission shall establish procedures to ensure the uniform application by the States of the requirements of this subsection. 303. Administration absent State agreement (a) In general In any State where there is no agreement in force between a State or its agency under section 302, the Commission shall, through regulations, arrange under regulations prescribed by him or her for performance of all necessary functions under title II, including provision for a fair hearing for any worker whose application for payments is denied. (b) final determination A final determination under subsection (a) with respect to entitlement to program benefits under title II is subject to review by the courts in the same manner and to the same extent as is provided by section 205(g) of the Social Security Act ( 42 U.S.C. 405(g) ). 304. Liability of certifying and disbursing officers (a) No person designated by the Commission, or designated pursuant to an agreement under this subchapter, as a certifying officer, shall, in the absence of gross negligence or intent to defraud the United States, be liable with respect to any payment certified by him or her under this chapter. (b) No disbursing officer shall, in the absence of gross negligence or intent to defraud the United States, be liable with respect to any payment by him or her under this Act if it was based upon a voucher signed by a certifying officer designated as provided in subsection (a). 305. Fraud and recovery of overpayments (a) Overpayments (1) Liability for overpayment If a cooperating State agency, the Commission, or a court of competent jurisdiction determines that any person has received any payment under this Act to which the person was not entitled, including a payment referred to in subsection (b), such person shall be liable to repay such amount to the State agency or the Commission, as the case may be, except that the State agency or the Commission shall waive such repayment if such agency or the Commission determines that— (A) the payment was made without fault on the part of such individual, and (B) requiring such repayment would cause a financial hardship for the individual (or the individual's household, if applicable) when taking into consideration the income and resources reasonably available to the individual (or household) and other ordinary living expenses of the individual (or household). (2) Recovery Unless an overpayment is otherwise recovered, or waived under paragraph (1), the State agency or the Commission shall recover the overpayment by deductions from any sums payable to such person under this Act, under any Federal unemployment compensation law administered by the State agency or the Commission, or under any other Federal law administered by the State agency or the Commission which provides for the payment of assistance or an allowance with respect to unemployment, and, notwithstanding any other provision of State law or Federal law to the contrary, the Commission may require the State agency to recover any overpayment under this Act by deduction from any unemployment insurance payable to such person under the State law, except that no single deduction under this paragraph shall exceed 50 percent of the amount otherwise payable. (b) Fraud If a cooperating State agency, the Commission, or a court of competent jurisdiction determines that an individual— (1) knowingly has made, or caused another to make, a false statement or representation of a material fact, or (2) knowingly has failed, or caused another to fail, to disclose a material fact, and as a result of such false statement or representation, or of such nondisclosure, such individual has received any payment under this Act to which the individual was not entitled, such individual shall, in addition to any other penalty provided by law, be ineligible for any further payments under this Act. (c) Reversion to Treasury Any amount recovered under this section shall be returned to the Treasury of the United States. 306. Penalties Any person who— (1) makes a false statement of a material fact knowing it to be false, or knowingly fails to disclose a material fact, for the purpose of obtaining or increasing for that person or for any other person any payment authorized to be furnished under this Act or pursuant to an agreement under section 239, or (2) makes a false statement of a material fact knowing it to be false, or knowingly fails to disclose a material fact, when providing information to the Commission during an investigation of a petition under section 221, shall be imprisoned for not more than one year, or fined under title 18, United States Code, or both. 307. Agency funding limitations and authorization of appropriations (a) Establishment of fund (1) In general There is established in the Treasury of the United States a separate account to be known as the Transition Adjustment Assistance Fund. (2) Use Amounts in the Fund shall be available to the Commission for making expenditures to meet the obligations of the United States to carry out this Act. (b) Authorization of Appropriations (1) Initial authorization There are authorized to be appropriated to the Transition Adjustment Assistance Fund established under subsection (a) for fiscal year 2015, $500,000,000 to carry out this Act. (2) Subsequent authorizations (A) In general There are authorized to be appropriated to the Transition Adjustment Assistance Fund established under subsection (a) for fiscal years 2016 through 221, such sums as may be necessary to carry out this Act. (B) Sense of Congress It is the sense of Congress that in determining appropriations under subparagraph (A), the Committees on Appropriations of the House of Representatives and the Senate shall take into consideration— (i) any amounts that remained unobligated from amounts appropriated pursuant to paragraph (1); and (ii) where available, the report required under section 308(d) regarding any savings created from the completion of implementing recommendations of the Inspector General of the agencies described in section 102(b)(2)(A)(iii) to eliminate wasteful and excessive spending at each such Agency. (c) Period of Expenditure Funds obligated for any fiscal year to carry out activities under sections 221 through 224 may be expended by each State receiving such funds during that fiscal year and the succeeding two fiscal years. (d) Reallotment of Funds (1) In general The Commission may— (A) reallot funds that were allotted to any State to carry out sections 221 through 224 and that remain unobligated by the State during the second or third fiscal year after the fiscal year in which the funds were provided to the State; and (B) provide such reallotted funds to States to carry out sections 221 through 224 in accordance with procedures established by the Commission. (2) Requests by States In establishing procedures under paragraph (1)(B), the Commission shall include procedures that provide for the distribution of reallotted funds under that paragraph pursuant to requests submitted by States in need of such funds. (3) Availability of amounts The reallotment of funds under paragraph (1) shall not extend the period for which such funds are available for expenditure. 308. Agency reports of wasteful and excessive spending required (a) Report on wasteful and excessive spending With respect to each of fiscal years 2015 through 2020 the inspector general of the Agencies described in section 102(b)(2)(A)(iii) shall submit to the Administrator of each such Agency and to Congress a report (in this section referred to as the IG report ) regarding wasteful and excessive spending, or duplicative programs causing wasteful and excessive spending at such Agency, including recommendations for how to eliminate such wasteful and excessive spending. (b) Implementation required Not later than 2 years after the submission of the report required under subsection (a), and except as provided in subsection (c), the head of each Agency described in section 102(b)(2)(A)(iii) shall implement all of the reasonable and cost-effective recommendations in such reports. (c) Exception The implementation requirement in subsection (b) shall not apply to a recommendation by an inspector general that would violate an existing law. With regard to any such recommendation, the head of each Agency described in section 102(b)(2)(A)(iii) shall submit to Congress a description of the necessary change to the law to legally implement the recommendation. (d) Report on implementation Not later than 6 months after the end of the implementation period described in subsection (b), the head of each Agency described in section 102(b)(2)(A)(iii) shall submit to Congress a report on— (1) the progress of the implementation of each recommendation in the IG report; (2) the time period required to complete each such implementation; (3) the wasteful and excessive spending, and duplicative programs causing wasteful and excessive spending within each agency described in the IG report; (4) the savings created from the completion of implementing each recommendation; and (5) the reason each recommendation was not implemented before the submission of the IG report. 309. Regulations The Commission shall prescribe such regulations as may be necessary to carry out the provisions of this Act. 310. Subpoena power (a) In general The Commission may require by subpoena the attendance of witnesses and the production of evidence necessary for the Commission to make a determination under the provisions of this chapter. (b) Contumacy If a person refuses to obey a subpoena issued under subsection (a), a United States district court within the jurisdiction of which the relevant proceeding under this Act is conducted may, upon petition by the Commission, issue an order requiring compliance with such subpoena.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5529ih/xml/BILLS-113hr5529ih.xml
|
113-hr-5530
|
I 113th CONGRESS 2d Session H. R. 5530 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Broun of Georgia introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committee on Agriculture , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require that hunting activities be a land use in all management plans for Federal land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture to the extent that such use is not clearly incompatible with the purposes for which the Federal land is managed, and for other purposes.
1. Hunting on Federal land (a) Purpose The purpose of this section is to require that hunting activities be a land use in all management plans for Federal land to the extent that such use is not clearly incompatible with the purposes for which the Federal land is managed. (b) Hunting Allowed Unless Incompatible When developing or considering approval of a management plan (or any amendment to such a management plan) for Federal land, the head of the agency with jurisdiction over such Federal land shall ensure that hunting activities are allowed as a use of such Federal land to the extent that such use is not clearly incompatible with the purposes for which the Federal land is managed. (c) Prohibiting or Restricting Hunting (1) Reasons set forth in management plan If hunting activities are not allowed or are restricted on Federal land, the head of the agency with jurisdiction over such Federal land shall set forth in the management plan for that Federal land the specific reason that hunting activities are not allowed or are restricted. (2) Restriction clarified For the purposes of this subsection— (A) allowing contract or quota thinning of wildlife shall not constitute allowing unrestricted hunting; and (B) a fee charged by any entity related to hunting activities on Federal land that is in excess of that needed to recoup costs of management of the Federal land shall be deemed to be a restriction on hunting. (d) Fees Fees charged related to hunting activities on Federal land shall be— (1) retained by— (A) the State or local authority tasked with managing the land to offset costs directly related to management of hunting on the Federal land upon which hunting activities related to the fee are conducted; or (B) in any case where a State or local authority described in subparagraph (A) does not exist, the head of the agency with jurisdiction over such Federal land to offset costs directly related to management of hunting on the Federal land upon which hunting activities related to the fee are conducted; and (2) limited to what the Secretary reasonably estimates to be necessary to offset costs directly related to management of hunting on the Federal land upon which hunting activities related to the fee are conducted. (e) Definitions In this section— (1) the term Federal land means Federal land under the jurisdiction of the Secretary of the Interior (excluding lands held in trust for an Indian or an Indian tribe) or the Secretary of Agriculture; (2) the term hunting means hunting, trapping, netting, and fishing; and (3) the term management plan means a management plan, management contract, or other comprehensive plan or agreement for the management or use of Federal land. (f) Applicability This section shall apply to all management plans developed, approved, or amended after the date of the enactment of this section.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5530ih/xml/BILLS-113hr5530ih.xml
|
113-hr-5531
|
I 113th CONGRESS 2d Session H. R. 5531 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Cartwright (for himself and Mr. Marino ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title XVIII of the Social Security Act to permit the 2-year phase-in for changes in hospital wage index classification from rural to urban without requiring waiver of a wage index increase, and for other purposes.
1. Permitting 2-year phase-in of hospital wage index reclassification from rural to urban without requiring waiver of wage index increase Section 1886(d)(13)(G) of the Social Security Act ( 42 U.S.C. 1395ww(d)(13)(G) ) is amended— (1) by striking (G) A hospital and inserting (G)(i) Except as provided in clause (ii), a hospital ; and (2) by adding at the end the following new clause: (ii) In the case of any hospital which is located in an area which, at any time after September 30, 2014, is reclassified from a rural to an urban area, such hospital shall not be required to waive the application of a wage index increase under this paragraph in order to be eligible for reclassification under paragraph (8)(E) (related to treating hospitals as being located in a rural area) for the first two fiscal years for which the reclassification from rural to urban is effective. The Secretary shall treat any hospital described in this clause that reclassifies as rural under paragraph (8)(E) during such two fiscal years as not having waived the application of the wage index increase under this paragraph. .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5531ih/xml/BILLS-113hr5531ih.xml
|
113-hr-5532
|
I 113th CONGRESS 2d Session H. R. 5532 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Barletta introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To improve the Compliance, Safety, Accountability initiative of the Federal Motor Carrier Safety Administration, and for other purposes.
1. Short title This Act may be cited as the Safer Trucks and Buses Act of 2014 . 2. Compliance, Safety, Accountability initiative (a) Data availability and use (1) Availability The Secretary of Transportation shall ensure that covered motor carrier data is not made available to the public. (2) Use Covered motor carrier data may not be admitted into evidence or otherwise used in a civil action for damages resulting from an incident involving a motor carrier. (3) Termination Paragraphs (1) and (2) shall cease to have effect on the date on which the Secretary submits to Congress the report required under subsection (d). (b) Initial report Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report that contains recommendations on how to improve the Compliance, Safety, Accountability initiative of the Federal Motor Carrier Safety Administration, including recommendations to ensure that the initiative— (1) utilizes and generates only safety data and scores, including Safety Measurement System scores, determined to be predictive of motor carrier accidents; (2) appropriately addresses concerns relating to the age of utilized safety data, including violations; (3) does not unfairly harm small motor carriers as a result of limited safety data availability; (4) appropriately addresses differences between motor carriers transporting passengers and motor carriers transporting freight; (5) generates safety data that allows individual motor carriers, including safety scores assigned to individual motor carriers, to be effectively compared; and (6) utilizes accurate safety data, including— (A) by appropriately addressing variations between State- and self-reported data; (B) by accounting for geographic disparities with respect to enforcement; and (C) by utilizing only crash data from crashes with respect to which a motor carrier was at fault. (c) Implementation of recommendations Not later than 90 days after the date on which the Secretary submits to Congress the report required under subsection (b), the Secretary shall begin implementing the recommendations included in that report. (d) Certification of implementation Not later than 1 year after the date on which the Secretary begins implementing recommendations under subsection (c), the Secretary shall complete the implementation of such recommendations and shall submit to Congress a report that— (1) describes the implementation of such recommendations; (2) contains a document in which the Secretary certifies that such implementation is complete; and (3) contains a document in which the Inspector General of the Department of Transportation certifies that such implementation is complete. (e) Definitions In this section, the following definitions apply: (1) Covered motor carrier data The term covered motor carrier data means data generated with respect to a motor carrier under the Compliance, Safety, Accountability initiative of the Federal Motor Carrier Safety Administration, including any ranking, rating, score, or other measurement. (2) Motor carrier The term motor carrier has the meaning given that term in section 13102 of title 49, United States Code.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5532ih/xml/BILLS-113hr5532ih.xml
|
113-hr-5533
|
I 113th CONGRESS 2d Session H. R. 5533 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Pocan (for himself, Mr. George Miller of California , Ms. Norton , Mr. Grijalva , Mr. Blumenauer , Mr. Ellison , Ms. Moore , Mr. Serrano , Ms. Wilson of Florida , and Mr. Conyers ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To promote apprenticeships for credentials and employment, and for other purposes.
1. Short title and table of contents (a) Short title This Act may be cited as the Promoting Apprenticeships for Credentials and Employment Act or the PACE Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Findings and purposes. Sec. 3. Definitions. TITLE I—Promoting Registered Apprenticeships Sec. 101. Promoting registered apprenticeship programs. Sec. 102. Promoting integration with postsecondary education. TITLE II—Program development and enhancement Sec. 201. Expanding registered apprenticeship programs. TITLE III—Conforming amendments Sec. 301. Amendments. 2. Findings and purposes (a) Findings Congress finds the following: (1) A highly skilled workforce is necessary to compete in the global economy, support economic growth, and maintain the standard of living of the United States. (2) The registered apprenticeship program model is a longstanding, on-the-job training and education model that prepares workers for the skill demands of particular occupations and employers while, at the same time, providing the workers with recognized, portable credentials, and wages while in training. (3) The registered apprenticeship program model has been successful in skilled trade industries, including construction and manufacturing, as well as service industries, such as health care, and holds great potential for expansion into other industries. (4) Registered apprenticeship programs are an essential element of an effective workforce development system and help individuals attain a recognized postsecondary credential, contributing to their personal economic sustainability. (5) According to a report from the Georgetown University Center on Education and the Workforce, by 2018, the United States will face a shortage of workers with recognized postsecondary credentials—shortages of 3,000,000 workers with degrees and 4,700,000 workers with certificates. (6) According to a 2012 report from the Annie E. Casey Foundation, youth employment in the United States has reached the lowest point since World War II. More than 6,000,000 young people ages 16 through 24 are disconnected from school and work. (7) A 2012 evaluation of registered apprenticeship programs in 10 States by Mathematica Policy Research found that— (A) individuals who completed registered apprenticeship programs earned over $240,000 more over their careers than individuals not participating in such apprenticeship programs; (B) the estimated social benefits of registered apprenticeship programs exceeded their costs by more than $49,000; and (C) the tax return on every Federal Government dollar invested in registered apprenticeship programs was $27. (8) An evaluation in Washington State found the following: (A) Registered apprenticeship programs have been among the most effective workforce development programs, with the highest impact and the greatest return on investment of any such program. (B) For each individual who completes a registered apprenticeship program, over the individual's career, there is a 90-to-1 return on investment, for a total net benefit of just over $300,000 for that career. (C) The general public also receives a lifetime return on investment of 23-to-1, or around $80,000, for each person completing a registered apprenticeship program. (b) Purposes The purposes of this Act are— (1) to increase the number of highly skilled workers in the United States, particularly in in-demand industry sectors and occupations; (2) to increase the attainment of recognized postsecondary credentials by participants; (3) to increase awareness about the value of the registered apprenticeship program model as an effective earn-and-learn model for students, workers, and employers; (4) to support the development of registered apprenticeship programs with employers, joint labor management partnerships, and other program sponsors, that offer jobs that lead to economic self-sufficiency; (5) to support the development and expansion of pre-apprenticeship programs that lead to success in a registered apprenticeship program; and (6) to support a closer alignment between registered apprenticeship programs, the workforce development system, and postsecondary education. 3. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the Office of Apprenticeship appointed under section 101(a). (2) Career pathway The term career pathway means a combination of rigorous and high-quality education, training, and other services that— (A) aligns with the skill needs of industries in the economy of the State or regional economy involved; (B) prepares an individual to be successful in any of a full range of secondary or postsecondary education options, including apprenticeships registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq. ) (referred to individually in this Act as an apprenticeship ); (C) includes counseling to support an individual in achieving the individual’s education and career goals; (D) includes, as appropriate, education offered concurrently with and in the same context as workforce preparation activities and training for a specific occupation or occupational cluster; (E) organizes education, training, and other services to meet the particular needs of an individual in a manner that accelerates the educational and career advancement of the individual to the extent practicable; (F) enables an individual to attain a secondary school diploma or its recognized equivalent, and at least 1 recognized postsecondary credential; and (G) helps an individual enter or advance within a specific occupation or occupational cluster. (3) Educational service agency The term educational service agency — (A) has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ); and (B) includes a consortium of those agencies. (4) High school The term high school means a nonprofit institutional day or residential school that— (A) provides secondary education, as determined under State law; (B) grants a diploma, as defined by the State; and (C) includes, at least, grade 12. (5) In-demand industry sector or occupation (A) In general The term in-demand industry sector or occupation means— (i) an industry sector that has a substantial current or potential impact (including through jobs that lead to economic self-sufficiency and opportunities for advancement) on the State, regional, or local economy, as appropriate, and that contributes to the growth or stability of other supporting businesses, or the growth of other industry sectors; or (ii) an occupation that currently has or is projected to have a number of positions (including positions that lead to economic self-sufficiency and opportunities for advancement) in an industry sector so as to have a significant impact on the State, regional, or local economy, as appropriate. (B) Determination The determination of whether an industry sector or occupation is in-demand under this paragraph shall be made by the State board or local board, as appropriate, using State and regional business and labor market projections, including the use of labor market information. (6) National apprenticeship system The term national apprenticeship system means the collective group of registered apprenticeship programs and pre-apprenticeship programs in the Nation (including the rules and regulations governing the 2 types of programs). (7) Postsecondary educational institution The term postsecondary educational institution has the meaning given the term in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801). (8) Pre-apprenticeship program The term pre-apprenticeship program means a program or set of strategies that— (A) is designed to prepare individuals to enter and succeed in a registered apprenticeship program; (B) is carried out by an entity that has a documented partnership with at least 1 sponsor of a registered apprenticeship program; and (C) includes each of the following elements: (i) Training (including a curriculum for the training), aligned with industry standards and approved by the documented partnership, that will prepare individuals by teaching the skills and competencies needed to enter one or more registered apprenticeship programs. (ii) Provision of hands-on training and theoretical education to individuals in a simulated laboratory experience or volunteer opportunity that— (I) accurately simulates the industry and occupational conditions of the registered apprenticeship program described in subparagraph (B); (II) is carried out in a manner that includes proper observation of supervision and safety protocols; and (III) is carried out in a manner that does not displace a paid employee. (iii) A formal agreement with a sponsor of a registered apprenticeship program that would enable participants who successfully complete the pre-apprenticeship program to enter directly into the registered apprenticeship program (if a place in the program is available), and includes agreements concerning earning credit for skills and competencies acquired during the pre-apprenticeship program. (9) Recognized postsecondary credential The term recognized postsecondary credential means a credential consisting of an industry-recognized certificate or certification, a certificate of completion of an apprenticeship, a license recognized by the State involved or Federal Government, or an associate or baccalaureate degree. (10) Registered apprenticeship program The term registered apprenticeship program means a program registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq. ). (11) Secretary Except as provided in section 102 or as otherwise modified, the term Secretary means the Secretary of Labor, acting through the Administrator. (12) Sponsor The term sponsor means— (A) with respect to a registered apprenticeship program, an employer, joint labor management partnership, trade association, labor organization, or other entity that administers the registered apprenticeship program; and (B) with respect to a pre-apprenticeship program, an entity that administers the pre-apprenticeship program. I Promoting Registered Apprenticeships 101. Promoting registered apprenticeship programs (a) Establishment of the Office of Apprenticeship (1) Office There is established, in the Employment and Training Administration of the Department of Labor, an Office of Apprenticeship. (2) Administrator The Office shall be headed by an Administrator of the Office of Apprenticeship appointed by the Assistant Secretary for Employment and Training. The Assistant Secretary shall appoint an individual who has the demonstrated knowledge of registered apprenticeship programs necessary to serve as the Administrator. (3) Responsibilities The Administrator, through the Office of Apprenticeship, shall carry out responsibilities including— (A) determining whether an apprenticeship program meets the requirements to become a registered apprenticeship program and maintains the standards necessary to remain a registered apprenticeship program; (B) managing the national apprenticeship system; (C) carrying out activities under subsection (b) to promote high-quality pre-apprenticeship programs; (D) promoting awareness about registered apprenticeship programs, including carrying out activities under subsection (c); (E) promoting greater diversity in registered apprenticeship programs and pre-apprenticeship programs, including by promoting outreach to underrepresented populations and veterans and supporting the development of apprenticeship models for nontraditional occupations; (F) providing for evaluations and research, as described in subsection (e); and (G) providing technical assistance to sponsors of registered apprenticeship programs, entities who are interested in developing and becoming sponsors of registered apprenticeship programs, and sponsors of pre-apprenticeship programs. (b) Supporting the development of pre-Apprenticeship programs (1) Support The Secretary shall support the development of pre-apprenticeship programs. (2) Grants (A) In general Using funds available under subsection (f), the Secretary shall make grants on a competitive basis to eligible entities, to provide the Federal share of the cost of carrying out projects that support that development. (B) Period The Secretary shall make initial grants under this paragraph for periods of not more than 3 years, except that if an eligible entity demonstrates satisfactory performance under paragraph (7) by the end of that third year, the Secretary may extend the grant period up to an additional 2 years for that entity. (C) Recipients (i) Qualified organizations In a State without a State apprenticeship agency, a qualified organization may serve as an eligible entity, and may receive a grant under this subsection. (ii) State apprenticeship agencies In a State with a State apprenticeship agency, a qualified organization may serve as an eligible entity. The agency shall receive a grant under this subsection on behalf of the eligible entity, and act as a fiscal agent for the entity. (3) Qualified organizations To be considered a qualified organization under this subsection, an organization shall be a public-private partnership consisting of— (A) a local educational agency, high school, 2- or 4-year postsecondary educational institution, or consortium of such entities; and (B) representatives of— (i) in a State with a State apprenticeship agency, that agency; (ii) an industry or business, consisting of an employer, a group of employers, or an industry group that sponsor a registered apprenticeship program or are interested in supporting or establishing a registered apprenticeship program; (iii) a labor organization; (iv) a State or local workforce investment board (established under subtitle B of title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2811 et seq. )); (v) an entity carrying out a registered apprenticeship program; (vi) a community-based organization that provides pre-apprenticeship programs, as appropriate; and (vii) a 2- or 4-year postsecondary educational institution or consortium of such institutions, if such an institution or consortium is not a partner under subparagraph (A). (4) Applications To be eligible to receive a grant from the Secretary under this subsection, an eligible entity (including, in a State with a State apprenticeship agency, that agency, acting on behalf of an eligible entity) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including— (A) information on the quality of the proposed pre-apprenticeship program, including the training and curriculum described in section 3(9)(C)(i), and how it makes individuals who successfully complete the pre-apprenticeship program qualified to enter into an established registered apprenticeship program; (B) evidence that there are or will be sufficient openings available in the registered apprenticeship program referenced in (A) to enable the registered apprenticeship program sponsor to place into that program those individuals who successfully complete the pre-apprenticeship program; (C) information about the organization that demonstrates the existence of an active, advisory partnership between the partners described in subparagraphs (A) and (B), of paragraph (3) and the organization’s capacity to provide the training and education services necessary for a pre-apprenticeship program; and (D) information about the proposed pre-apprenticeship program that demonstrates— (i) that the program is in an in-demand industry or occupation in the region in which the project is located; (ii) the use of integrated work-based and academic learning that includes training in the workplace; (iii) the inclusion of career exploration focused activities, such as job shadowing, career information activities, and resume preparation, in the program; (iv) if the eligible entity carrying out the project includes a high school, that the model to be used for the program leads to a high school diploma for participants without such a diploma; (v) that the project aligns with an established registered apprenticeship program, including that the model used for the program leads to the attainment of skills and competencies necessary for entrance into the registered apprenticeship program for participants; and (vi) how the eligible entity will facilitate access through the program to the appropriate support services for participants, including facilitating access through partnerships with entities providing such services. (5) Use of funds (A) In general An eligible entity that receives a grant under this subsection shall use the grant funds to carry out a project that implements a pre-apprenticeship program in an organization specified in paragraph (3) (other than paragraph (3)(B)(i)) that is part of the eligible entity, or a consortium of such entities. (B) Required activities The eligible entity shall use the grant funds— (i) to pay for the cost of training or education associated with the pre-apprenticeship program; (ii) to provide student stipends during work-based training in the project; (iii) for curriculum development that align with the requirements of the appropriate registered apprenticeship programs and learning assessments; (iv) to maintain a connection between the pre-apprenticeship program and registered apprenticeship program; (v) to promote the pre-apprenticeship program to potential participants; and (vi) to conduct evaluations described in paragraph (7)(B). (C) Allowable activities The eligible entity may use the grant funds for teacher training, including providing externship opportunities for teachers to learn about the skill needs of the industry or occupation that the pre-apprenticeship program focuses on. (6) Federal share (A) In general The Federal share of the cost described in paragraph (2)(A) shall be 75 percent. (B) Non-Federal share The eligible entity may contribute the non-Federal share of the cost in cash or in-kind, fairly evaluated, including plant, equipment, or services. (7) Performance (A) Measures The Secretary shall identify a set of common measures that, at a minimum, include measures of entry into a registered apprenticeship program and that are aligned with the performance measures described in section 136(c) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2871(c) ) for the local workforce investment area (designated under section 116 of such Act (29 U.S.C. 2831)) involved. (B) Evaluations Each eligible entity that receives a grant to carry out a project under this subsection shall annually conduct, or arrange for another entity to conduct, an evaluation of the project using the identified common measures, and shall, to the extent practicable, cooperate with the Secretary in any evaluations of activities carried out under this section. (C) Extensions The Secretary shall use the results of an evaluation for a project to determine whether to extend the grant period, or renew a grant, for the project under paragraph (2)(B). (c) Promoting awareness of registered apprenticeship programs (1) Information for State and local boards To promote awareness about registered apprenticeship programs within the workforce development system, the Secretary shall disseminate information on the value of registered apprenticeship programs, to State and local workforce investment boards described in subsection (b)(3)(B)(iv), which information shall include— (A) a list of registered apprenticeship programs in the State involved; (B) guidance for training staff of the workforce development system within the State on the value of registered apprenticeship programs, including relevant placement, retention and earnings information, as a training option for participants; (C) guidance on how individual training accounts under section 134(d)(4) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2864(d)(4) ) could be used by participants for a registered apprenticeship program; and (D) guidance on how performance measures under section 136 of the Workforce Investment Act of 1998 (29 U.S.C. 2871) apply to participants in registered apprenticeship programs, including relevant placement, retention and earnings information. (2) Information for industry groups and labor organizations To promote awareness about registered apprenticeship programs to workers and employers, the Secretary shall provide information about the value of registered apprenticeship programs, including relevant placement, retention and earnings information, through the one-stop delivery systems described in section 121 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2841 ), to industry groups and to labor organizations, which information shall include, at a minimum— (A) a list of registered apprenticeship programs in the State; (B) information on how to develop a registered apprenticeship program; and (C) information on financial resources available to assist with the establishment and implementation of registered apprenticeship programs. (3) Information for students and schools To promote awareness about registered apprenticeship programs among students and school staff, the Secretary, in cooperation with the Secretary of Education, shall disseminate information on the value of registered apprenticeship programs, including relevant placement, retention and earnings information, to high schools, 2- and 4-year postsecondary educational institutions, and educational service agencies, which information shall include, at a minimum— (A) a parent guide to understanding registered apprenticeship programs and postsecondary education; (B) a student guide to understanding registered apprenticeship programs as part of a career pathway; (C) a guide, for career and academic counselors, to understanding registered apprenticeship programs as a postsecondary education option for students; and (D) information for school administrators, workforce and economic development coordinators, and teachers and faculty that will assist with the development, implementation, and continuation of registered apprenticeship programs. (d) Secretary’s National Advisory Committee on Apprenticeships (1) Establishment (A) In general There is established in the Department of Labor a National Advisory Committee on Apprenticeships, referred to in this section as the Advisory Committee . (B) Composition The Advisory Committee shall have— (i) 21 voting members appointed by the Secretary, composed of— (I) 7 representatives of employers who participate in a registered apprenticeship program, including employers who participate in a registered apprenticeship program sponsored by a joint labor-management partnership; (II) 7 representatives of labor organizations who have responsibility for the administration of a registered apprenticeship program sponsored by a joint labor-management partnership; and (III) 7 representatives of State apprenticeship agencies, community organizations with significant experience with a registered apprenticeship program, and 2- or 4-year postsecondary educational institutions with at least 1 articulation agreement with the entity administering a registered apprenticeship program; and (ii) members who are ex officio nonvoting representatives from the Departments of Labor, Commerce, Education, Energy, Housing and Urban Development, and Health and Human Services. (C) Qualifications The members shall be selected upon the basis of their experience and competence concerning apprenticeships. (D) Terms The Secretary shall appoint the members for terms of 4 years. (2) Chairperson The Secretary shall designate one of the members of the Advisory Committee to serve as Chairperson of the Advisory Committee. (3) Meetings The Advisory Committee shall hold not fewer than 2 meetings during each calendar year. All meetings of the Advisory Committee shall be open to the public. A transcript shall be kept of each meeting and made available for public inspection. (4) Duties The Advisory Committee shall advise, consult with, and make recommendations to the Secretary on matters relating to the administration of this title and the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq. ). (5) Personnel (A) Procurement (i) In general The Chairperson of the Advisory Committee may procure the temporary and intermittent services of voting members of the Advisory Committee under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (ii) Officers or employees of the United States All members of the Advisory Committee who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (B) Staff The Secretary shall supply the Committee with an executive secretary and provide such secretarial, clerical, and other services as the Secretary determines to be necessary to enable the Advisory Committee to conduct its business. (6) Permanent committee Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory committee. (e) Evaluations and research (1) Evaluations of programs and activities carried out under this title For the purpose of improving the management and effectiveness of the programs and activities carried out under this title, the Secretary shall provide for the continuing evaluation, by an independent entity, of the programs and activities, including activities carried out under subsection (a)(3)(C). Such evaluations shall address— (A) the general effectiveness of such programs and activities in relation to their cost, including the extent to which the programs and activities— (i) improve the skill and employment competencies of participants in comparison to comparably situated individuals who did not participate in such programs and activities; and (ii) to the extent feasible, increase the level of total employment and recognized postsecondary credential attainment over the level that would have existed in the absence of such programs and activities; (B) the impact of the programs and activities for the participants, sponsors, and employers; (C) the return on investment of Federal funding for the programs and activities; (D) the longitudinal outcomes for participants in the programs and activities; and (E) the impact of specific policies on the general effectiveness of such programs and activities. (2) Research The Secretary may conduct, through an independent entity, research on best practices in registered apprenticeship programs and pre-apprenticeship programs and other issues relating to such programs. (3) Techniques Evaluations and research conducted under this subsection shall utilize appropriate methodology and research designs. (4) Reports The independent entity carrying out the evaluations described in paragraph (1) or research described in paragraph (2) shall prepare and submit to the Secretary a draft report and a final report containing the results of the evaluations or research, respectively, and including policy recommendations. The draft and final reports shall be made available for public inspection. (5) Reports to Congress Not later than 60 days after the completion of such final report, the Secretary shall transmit the final 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. (6) Public access (A) Public access procedure The Secretary shall develop a mechanism to make research and curricula developed under this title publically available in a timely manner. (B) Curriculum An eligible entity that develops a curriculum under this title shall make the curriculum available to the Secretary. Using the mechanism established under subparagraph (A), the Secretary shall make such curriculum accessible to providers of pre-apprenticeship programs and to the public. (f) Reservation The Secretary may reserve not more than 5 percent of the funds appropriated under subsection (g) for each fiscal year for Federal administration and management, technical assistance, and evaluation and research activities. (g) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2015 and each subsequent fiscal year. 102. Promoting integration with postsecondary education (a) Definitions In this section: (1) Consortium The term consortium means the Registered Apprenticeship-College Consortium established under subsection (b)(1). (2) Secretaries The term Secretaries means the Secretary of Labor, acting through the Administrator, working jointly with the Secretary of Education, acting through the Assistant Secretary for Vocational and Adult Education. (b) Consortium with 2- and 4-Year postsecondary educational institutions (1) Establishment The Secretaries shall establish and maintain a voluntary Registered Apprenticeship-College Consortium. The Consortium shall consist of the sponsors carrying out registered apprenticeship programs, 2- or 4-year postsecondary educational institutions, and organizations that represent such programs or institutions, that agree to meet certain criteria in order to support the purposes described in paragraph (2). (2) Purposes The Consortium shall support the purposes of— (A) promoting stronger connections between the registered apprenticeship programs involved and participating 2- and 4-year postsecondary educational institutions; (B) promoting the translation of experience in a registered apprenticeship program to academic credit at participating 2- and 4-year postsecondary educational institutions; (C) facilitating the enrollment of an individual who has completed a registered apprenticeship program (referred to in this section as an apprentice ) at a participating 2- or 4-year postsecondary educational institution for the purpose of attaining academic credit toward an associate’s or more advanced degree; (D) advancing the attainment of associate’s and more advanced degrees by apprentices; (E) promoting the attainment of recognized postsecondary credentials with value in the labor market; and (F) expanding awareness about the value of registered apprenticeship programs as a postsecondary education option. (3) Participant requirements The Secretaries shall establish criteria that any interested 2- or 4-year postsecondary educational institution or sponsor shall meet in order to participate in the Consortium, which criteria shall include, at a minimum— (A) for a 2- or 4-year postsecondary educational institution— (i) agreement to recognize the academic credit (as assessed under subparagraph (B)(i)) earned by an apprentice for, and the assessment of the apprentice’s learning in, a registered apprenticeship program at another participating institution; (ii) agreement to develop a formal articulation agreement with a participating sponsor of a registered apprenticeship program, other than a 2- or 4-year postsecondary educational institution; and (iii) agreement to provide certain information, as determined by the Secretaries, to the Consortium; and (B) for a sponsor— (i) agreement to participate in third-party evaluations of the quality and rigor of the program offerings in order to determine the value of academic credit for learning during a registered apprenticeship program; (ii) agreement to develop a formal articulation agreement with a participating 2- or 4-year postsecondary educational institution; and (iii) agreement to provide certain information, as determined by the Secretaries, to the Consortium. (4) Memorandum of understanding (A) In general In order to participate in the Consortium, interested 2- or 4-year postsecondary educational institutions and sponsors shall agree to meet certain conditions determined by the Secretaries. (B) Conditions Such conditions shall address, at a minimum— (i) how learning during a registered apprenticeship program, including related instruction and on-the-job training, will be assessed for academic credit; (ii) how programs and procedures, especially those related to admissions, credit transfer, and recognition of such learning will be structured to support accessibility for apprentices; (iii) how the structure and scheduling of courses will be developed in a way that supports the matriculation of apprentices; and (iv) how residency requirements will be modified to support the transferability of credit earned by apprentices. (5) Publicly available information The Secretaries shall maintain a publicly accessible website identifying, at a minimum— (A) the participating members of the Consortium in each State, including those with established articulation agreements; (B) a model for articulation agreements, and copies of some exemplary articulation agreements for illustrative purposes; and (C) such other information as the Secretaries determine to be necessary to promote awareness of the Consortium and its members. (6) Advisory committee (A) Establishment The Secretaries shall establish an advisory committee for the Consortium. (B) Composition The advisory committee shall be composed of members appointed by the Secretaries, consisting of— (i) representatives of 2- or 4-year postsecondary educational institutions; (ii) representatives of sponsors; and (iii) a representative from the Advisory Committee described in section 101(d). (C) Term Members of the advisory committee shall serve for a term of 2 years. (D) Duties Such advisory committee shall seek input from organizations and experts representing industry, labor, and postsecondary education, and shall make recommendations to the Consortium and the Secretary regarding actions necessary to achieve the objectives of this subsection. (E) Travel expenses The members of the advisory committee shall not receive compensation for the performance of services for the committee, but shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Committee. Notwithstanding section 1342 of title 31, United States Code, the Secretary may accept the voluntary and uncompensated services of members of the advisory committee. (F) Permanent committee Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory committee. (7) Use of funds (A) Administrative The Secretaries shall use 30 percent of the funds appropriated under subsection (c) to establish and maintain the Consortium and the website referred to in paragraph (5), to support the advisory committee referred to in paragraph (6), and for technical assistance, evaluation, and research activities. (B) For program participants The Secretaries shall use 70 percent of the appropriated funds to carry out, directly or by grant or contract with an eligible entity, activities consisting of— (i) providing funding to Consortium participants to support the development of articulation agreements with other Consortium participants; (ii) providing funding to the Consortium to support the assessment of learning during a registered apprenticeship program, for academic credit; (iii) providing funding to the Consortium to support third-party assessments of the quality and rigor of program offerings, referred to in paragraph (3)(B)(i); (iv) providing curriculum development, for participating institutions and sponsors; and (v) carrying out other purposes that will help participating 2- and 4-year postsecondary educational institutions and sponsors meet the requirements of paragraphs (3) and (4). (C) Eligible entities To be eligible to receive a grant or contract under subparagraph (B), an entity shall be a partnership comprised of— (i) at least one 2- or 4-year postsecondary educational institution participating in the Consortium; and (ii) at least one sponsor of a registered apprenticeship program participating in the Consortium. (c) Authorization of appropriations (1) Fiscal year 2015 There is authorized to be appropriated to carry out this section $50,000,000 for fiscal year 2015. (2) Subsequent fiscal years (A) Authorization There is authorized to be appropriated to carry out this section for each fiscal year subsequent to fiscal year 2015 the amount determined under subparagraph (B) for the fiscal year involved. (B) Adjustment for inflation The amount referred to in subparagraph (A) for a fiscal year shall be determined by multiplying— (i) the amount authorized under this subsection for the preceding fiscal year; by (ii) the percentage change in the Consumer Price Index for All Urban Consumers during the annual interval immediately preceding the date on which the determination is made. II Program development and enhancement 201. Expanding registered apprenticeship programs (a) In general The Secretary shall provide payments of assistance for eligible sponsors of new (as of the date of submission of an application under subsection (b)) registered apprenticeship programs, or for sponsors of existing joint labor-management registered apprenticeship programs that add employers as new (as of such date) partners. (b) Applications To be eligible to receive payments under this section for a registered apprenticeship program, a sponsor shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including information on how the activities carried out under the grant would enhance and expand the registered apprenticeship system, such as extending registered apprentice programs into new industries and occupations, and including information demonstrating that, as of the date the sponsor submitted an application under this section— (1) for a new registered apprenticeship program, the program received recognition as a registered apprenticeship program within the 36 months preceding that date; (2) the sponsor offered jobs that lead to economic self-sufficiency, as determined by a local workforce investment board established under section 117 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2832 ) located in the same local workforce investment area (as designated under section 116 of such Act (29 U.S.C. 2831)); (3) the sponsor has demonstrated success in enrolling, instructing, advancing, and graduating individuals in the relevant registered apprenticeship program, and in the employment of such individuals after completion of the program; and (4) the sponsor had not received a payment under subsection (d). (c) Use of funds In providing assistance under this section, the Secretary shall arrange to provide payments for eligible sponsors, as funds are available under this section. Funds made available through such a payment shall be used to reimburse an eligible sponsor for the allowable costs (as determined by the Secretary) of operating the registered apprenticeship program involved. The maximum total payment to any one sponsor may not exceed $5,000 or 50 percent of the allowable costs of operating the program. (d) Disbursement through local boards The Secretary shall enter into arrangements with the local workforce investment boards described in subsection (b)(2) to provide the payments to the eligible sponsors. (e) Evaluations Sponsors receiving grants under this section shall, to the extent practicable, cooperate with the Secretary in the conduct of evaluations of the activities carried out under this section. (f) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section $25,000,000 for fiscal year 2015 and each subsequent fiscal year. (2) Reservation The Secretary may reserve 5 percent of the amount appropriated under paragraph (1) for a fiscal year for distribution to the local workforce investment boards, to pay for the costs of the boards associated with making determinations under subsection (b)(2) and disbursements under subsection (d), and as funds remain available, other costs of Federal administration and management, technical assistance, research and evaluation under this section. III Conforming amendments 301. Amendments (a) References (1) Section 3(7) is amended by striking section 101 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 ) and inserting section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ) . (2) Section 101 is amended— (A) in subsection (b)— (i) in paragraph (3)(B)(iv), by striking State or local workforce investment board (established under subtitle B of title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2811 et seq. )) and inserting State or local workforce development board (established under subtitle A of title I of the Workforce Innovation and Opportunity Act) ; and (ii) in paragraph (7)(A), by striking performance measures described in section 136(c) of the Workforce Investment Act of 1998 (29 U.S.C. 2871(c)) for the local workforce investment area (designated under section 116 of such Act ( 29 U.S.C. 2831 )) and inserting (before July 1, 2016) performance measures described in section 136(c) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2871(c) ) for the local workforce investment area (designated under section 116 of such Act ( 29 U.S.C. 2831 )) or (after June 30, 2016) performance accountability measures described in section 116(c) of the Workforce Innovation and Opportunity Act for the local workforce development area (meaning a local area, as defined in section 3 of such Act) ; and (B) in subsection (c)— (i) in paragraph (1)— (I) in the matter preceding subparagraph (A), by striking State and local workforce investment boards and inserting State and local workforce development boards ; (II) in subparagraph (C), by striking section 134(d)(4) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2864(d)(4) ) and inserting section 134(c)(3) of the Workforce Innovation and Opportunity Act ; and (III) in subparagraph (D), by striking performance measures under section 136 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2871 ) and inserting (before July 1, 2016) performance measures under section 136 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2871 ) or (after June 30, 2016) performance accountability measures under section 116 of the Workforce Innovation and Opportunity Act ; and (ii) in paragraph (2), in the matter preceding subparagraph (A), by striking section 121 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2841 ) and inserting section 121 of the Workforce Innovation and Opportunity Act . (3) Section 201 is amended— (A) in subsection (b)(2), by striking local workforce investment board established under section 117 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2832 ) located in the same local workforce investment area (as designated under section 116 of such Act ( 29 U.S.C. 2831 )) and inserting local workforce development board (meaning a local board, as defined in section 3 of the Workforce Innovation and Opportunity Act) located in the same local workforce development area (meaning a local area, as defined in that section 3) ; and (B) in subsections (d) and (f)(2), by striking local workforce investment boards and inserting local workforce development boards . (b) Effective date This section takes effect on July 1, 2015.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5533ih/xml/BILLS-113hr5533ih.xml
|
113-hr-5534
|
I 113th CONGRESS 2d Session H. R. 5534 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Tonko (for himself and Mr. Waxman ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Safe Drinking Water Act to increase assistance for States, water systems, and disadvantaged communities; to encourage good financial and environmental management of water systems; to strengthen the Environmental Protection Agency’s ability to enforce the requirements of the Act; and for other purposes.
1. Short title; table of contents; references (a) Short title This Act may be cited as the Assistance, Quality, and Affordability Act of 2014 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents; references. Sec. 2. Technical assistance for small public water systems. Sec. 3. Prevailing wages. Sec. 4. Use of funds. Sec. 5. Requirements for use of American materials. Sec. 6. Data on variances, exemptions, and persistent violations. Sec. 7. Assistance for restructuring. Sec. 8. Priority and weight of applications. Sec. 9. Disadvantaged communities. Sec. 10. Administration of State loan funds. Sec. 11. State revolving loan funds for American Samoa, Northern Mariana Islands, Guam, and the Virgin Islands. Sec. 12. Authorization of appropriations. Sec. 13. Affordability of new standards. Sec. 14. Focus on lifecycle costs. Sec. 15. Enforcement. Sec. 16. Presence of pharmaceuticals and personal care products in sources of drinking water. Sec. 17. Electronic reporting of compliance monitoring data to the Administrator. Sec. 18. Best practices for administration of State revolving loan fund programs. Sec. 19. Water loss and leak control technology. (c) References Except as otherwise specified, 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 Safe Drinking Water Act ( 42 U.S.C. 300f et seq. ). 2. Technical assistance for small public water systems Subsection (e) of section 1442 ( 42 U.S.C. 300j–1(e) ) is amended to read as follows: (e) Technical Assistance (1) In general The Administrator, directly or through grants or cooperative agreements with nonprofit organizations, may provide technical assistance to small public water systems to enable such systems to achieve and maintain compliance with applicable national primary drinking water regulations. (2) Types of assistance Technical assistance under paragraph (1) may include onsite technical assistance and compliance assistance; circuit-rider and multi-State regional technical assistance programs; training; assistance with implementing source water protection programs; engineering assistance provided without cost to the system through volunteer programs or educational programs; assistance with increasing water or energy efficiency; assistance with designing, installing, or operating sustainable energy infrastructure to produce or capture sustainable energy on site or through water transport; assistance with developing technical, financial, and managerial capacity; assistance with long-term infrastructure planning; assistance with applying for funds from a State loan fund under section 1452; and assistance with implementation of monitoring plans, rules, regulations, and water security enhancements. (3) Priority In providing assistance under this subsection, the Administrator shall give priority to assistance that will promote compliance with national primary drinking water standards, public health protection, and long-term sustainability of small public water systems. In awarding grants and cooperative assistance under paragraph (1) to nonprofit organizations, the Administrator shall (subject to the preceding sentence) give greater weight to nonprofit organizations that, as determined by the Administrator, are most qualified and most effective and that, as determined by the Administrator using information where available, are providing the types of technical assistance that are preferred by small public water systems. (4) Competitive procedures It is the presumption of Congress that any award of assistance under this subsection will be awarded using competitive procedures based on merit. If assistance is awarded under this subsection using procedures other than competitive procedures, the Administrator shall submit to the Congress, within 90 days of the award decision, a report explaining why competitive procedures were not used. (5) Funding (A) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $20,000,000 for each of fiscal years 2015 through 2019. (B) Prohibition on earmarks No funds made available under this subsection may be used to carry out a provision or report language included primarily at the request of a Member, Delegate, Resident Commissioner, or Senator providing, authorizing, or recommending a specific amount of discretionary budget authority, credit authority, or other spending authority for a contract, loan, loan guarantee, grant, loan authority, or other expenditure with or to an entity, or targeted to a specific State, locality, or congressional district, other than through a statutory or administrative formula-driven or competitive award process. (C) Lobbying expenses No portion of any State loan fund established under section 1452 and no portion of any funds made available under this subsection may be used for lobbying expenses. (D) Indian tribes Of the total amount made available under this section for each fiscal year, 3 percent shall be used for technical assistance to public water systems owned or operated by Indian Tribes. . 3. Prevailing wages Subsection (e) of section 1450 ( 42 U.S.C. 300j–9 ) is amended to read as follows: (e) Labor Standards (1) In general The Administrator shall take such action as the Administrator determines to be necessary to ensure that each laborer and mechanic employed by a contractor or subcontractor in connection with a construction project financed, in whole or in part, by a grant, loan, loan guarantee, refinancing, or any other form of financial assistance provided under this title (including assistance provided by a State loan fund established under section 1452) is paid wages at a rate of not less than the wages prevailing for the same type of work on similar construction in the immediate locality, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. (2) Authority of Secretary of Labor With respect to the labor standards specified in this subsection, the Secretary of Labor shall have the authority and functions established in Reorganization Plan Numbered 14 of 1950 (5 U.S.C. App.) and section 3145 of title 40, United States Code. . 4. Use of funds Section 1452(a)(2) ( 42 U.S.C. 300j–12(a)(2) ) is amended— (1) by striking Except as otherwise and inserting the following: (A) In general Except as otherwise ; (2) by striking Financial assistance under this section and inserting the following: (B) Permissible expenditures Financial assistance under this section ; (3) by striking The funds may also be used and inserting the following: (D) Certain loans Financial assistance under this section may also be used ; (4) by striking The funds shall not be used and inserting the following: (E) Limitation Financial assistance under this section shall not be used ; (5) by striking Of the amount credited and inserting the following: (F) Set-aside Of the amount credited ; (6) in subparagraph (B) (as designated by paragraph (2)) by striking (not and inserting (including expenditures for planning, design, siting, and associated preconstruction activities, for replacing or rehabilitating aging treatment, storage, or distribution facilities of public water systems, or for producing or capturing sustainable energy on site or through the transportation of water through the public water system, but not ; and (7) by inserting after such subparagraph (B) the following: (C) Sale of bonds If a State issues revenue or general obligation bonds to provide all or part of the State contribution required by subsection (e), and the proceeds of the sale of such bonds will be deposited into the State loan fund— (i) financial assistance made available under this section may be used by the State as security for payment of the principal and interest on such bonds; and (ii) interest earnings of the State loan fund may be used by the State as revenue for payment of the principal and interest on such bonds. . 5. Requirements for use of American materials Section 1452(a) ( 42 U.S.C. 300j–12(a) ) is amended by adding at the end the following new paragraph: (4) Requirements for use of American materials (A) In general Notwithstanding any other provision of law, none of the funds made available by a State loan fund as authorized under this section may be used for a project for the construction, alteration, maintenance, or repair of a public water system unless all of the iron and steel products used in such project are produced in the United States. (B) Application Subparagraph (A) shall not apply in any case in which the Administrator (in consultation with the Governor of the State) finds that— (i) applying subparagraph (A) would be inconsistent with the public interest; (ii) iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (iii) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent. (C) Waiver If the Administrator receives a request for a waiver under this section, the Administrator shall— (i) make available to the public, on an informal basis, a copy of the request and information available to the Administrator concerning the request; (ii) make the request and accompanying information available by electronic means, including on the official public Internet site of the Environmental Protection Agency; and (iii) allow for informal public input on the request for at least 15 days prior to making a finding based on the request. (D) Consistency with international agreements This paragraph shall be applied in a manner consistent with United States obligations under international agreements. (E) Definition of iron and steel products In this paragraph, the term iron and steel products means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. . 6. Data on variances, exemptions, and persistent violations Section 1452(b)(2) ( 42 U.S.C. 300j–12(b)(2) ) is amended— (1) in subparagraph (B), by striking and at the end; (2) in subparagraph (C), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (D) a list of all water systems within the State that have in effect an exemption or variance for any national primary drinking water regulation or that are in persistent violation of the requirements for any maximum contaminant level or treatment technique under a national primary drinking water regulation, including identification of— (i) the national primary drinking water regulation in question for each such exemption, variance, or violation; and (ii) the date on which the exemption or variance came into effect or the violation began. . 7. Assistance for restructuring (a) Definition Section 1401 ( 42 U.S.C. 300f ) is amended by adding at the end the following: (17) Restructuring The term restructuring means changes in operations (including ownership, management, cooperative partnerships, joint purchasing arrangements, consolidation, and alternative water supply). . (b) Restructuring Clause (ii) of section 1452(a)(3)(B) ( 42 U.S.C. 300j–12(a)(3)(B) ) is amended by striking changes in operations (including ownership, management, accounting, rates, maintenance, consolidation, alternative water supply, or other procedures) and inserting restructuring . 8. Priority and weight of applications (a) Priority Section 1452(b)(3) ( 42 U.S.C. 300j–12(b)(3) ) is amended— (1) in subparagraph (A)— (A) in clause (ii), by striking and at the end; (B) in clause (iii), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (iv) improve the ability of systems to protect human health and comply with the requirements of this title affordably in the future. ; (2) by redesignating subparagraph (B) as subparagraph (D); (3) by inserting after subparagraph (A) the following: (B) Affordability of new standards For any year in which enforcement begins for a new national primary drinking water standard, each State that has entered into a capitalization agreement pursuant to this section shall evaluate whether capital improvements required to meet the standard are affordable for disadvantaged communities in the State. If the State finds that such capital improvements do not meet affordability criteria for disadvantaged communities in the State, the State’s intended use plan shall provide that priority for the use of funds for such year be given to public water systems affected by the standard and serving disadvantaged communities. (C) Weight given to applications After determining priority under subparagraphs (A) and (B), an intended use plan shall provide that the State will give greater weight to an application for assistance if the application contains— (i) a description of measures undertaken by the system to improve the management and financial stability of the system, which may include— (I) an inventory of assets, including a description of the condition of the assets; (II) a schedule for replacement of assets; (III) an audit of water losses; (IV) a financing plan that factors in all lifecycle costs indicating sources of revenue from ratepayers, grants, bonds, other loans, and other sources to meet the costs; and (V) a review of options for restructuring; (ii) a demonstration of consistency with State, regional, and municipal watershed plans; (iii) a water conservation plan consistent with guidelines developed for such plans by the Administrator under section 1455(a); and (iv) a description of measures undertaken by the system to improve the efficiency of the system or reduce the system’s environmental impact, which may include— (I) water efficiency or conservation, including the rehabilitation or replacement of existing leaking pipes; (II) use of reclaimed water; (III) actions to increase energy efficiency; (IV) actions to generate or capture sustainable energy on site or through the transportation of water through the system; (V) actions to protect source water; (VI) actions to mitigate or prevent corrosion, including design, selection of materials, selection of coating, and cathodic protection; and (VII) actions to reduce disinfection byproducts. ; and (4) in subparagraph (D) (as redesignated by paragraph (2)) by striking periodically and inserting at least biennially . (b) Guidance Section 1452 ( 42 U.S.C. 300j–12 ) is amended— (1) by redesignating subsection (r) as subsection (t); and (2) by inserting after subsection (q) the following: (r) Small system guidance The Administrator may provide guidance and, as appropriate, tools, methodologies, or computer software, to assist small systems in undertaking measures to improve the management, financial stability, and efficiency of the system or reduce the system’s environmental impact. . 9. Disadvantaged communities (a) Assistance To increase compliance Section 1452(b)(3) ( 42 U.S.C. 300j–12(b)(3) ), as amended, is further amended by adding at the end the following: (E) Assistance to increase compliance A State’s intended use plan shall provide that, of the funds received by the State through a capitalization grant under this section for a fiscal year, the State will, to the extent that there are sufficient eligible project applications, reserve not less than 6 percent to be spent on assistance under subsection (d) to public water systems included in the State’s most recent list under paragraph (2)(D). . (b) Assistance for disadvantaged communities Section 1452(d) ( 42 U.S.C. 300j–12(d) ) is amended— (1) in paragraph (1), by adding at the end the following: Such additional subsidization shall directly and primarily benefit the disadvantaged community. ; and (2) in paragraph (3), by inserting , or portion of a service area, after service area . (c) Affordability criteria Section 1452(d)(3) is amended by adding at the end: Each State that has entered into a capitalization agreement pursuant to this section shall, in establishing affordability criteria, consider, solicit public comment on, and include as appropriate— (A) the methods or criteria that the State will use to identify disadvantaged communities; (B) a description of the institutional, regulatory, financial, tax, or legal factors at the Federal, State, or local level that affect identified affordability criteria; and (C) a description of how the State will use the authorities and resources under this subsection to assist communities meeting the identified criteria. . 10. Administration of State loan funds Section 1452(g) ( 42 U.S.C. 300j–12(g) ) is amended— (1) in paragraph (2)— (A) in the first sentence, by striking up to 4 percent of the funds allotted to the State under this section and inserting , for each fiscal year, an amount that does not exceed the sum of the amount of any fees collected by the State for use in covering reasonable costs of administration of programs under this section, regardless of the source, and an amount equal to the greatest of $400,000, 1/5 of one percent of the current valuation of the State loan fund, or 6 percent of all grant awards to the State loan fund under this section for the fiscal year, ; (B) by striking 1419, and all that follows through 1993. and inserting 1419. ; and (C) in the matter following subparagraph (D), by striking 2 percent and inserting 4 percent ; and (2) by adding at the end the following: (5) Transfer of funds (A) In general The Governor of a State may— (i) reserve for any fiscal year not more than the lesser of— (I) 33 percent of a capitalization grant made under this section; or (II) 33 percent of a capitalization grant made under section 601 of the Federal Water Pollution Control Act; and (ii) add the funds so reserved to any funds provided to the State under this section or section 601 of the Federal Water Pollution Control Act. (B) State matching funds Funds reserved under this paragraph shall not be considered for purposes of calculating the amount of a State contribution required by subsection (e) of this section or section 602(b) of the Federal Water Pollution Control Act. . 11. State revolving loan funds for American Samoa, Northern Mariana Islands, Guam, and the Virgin Islands Section 1452(j) ( 42 U.S.C. 300j–12(j) ) is amended by striking 0.33 percent and inserting 1 percent . 12. Authorization of appropriations Subsection (m) of section 1452 ( 42 U.S.C. 300j–12 ) is amended to read as follows: (m) Authorization of Appropriations (1) In general There are authorized to be appropriated to carry out this section— (A) $1,200,000,000 for fiscal year 2015; (B) $1,400,000,000 for fiscal year 2016; and (C) $1,600,000,000 for fiscal year 2017. (2) Availability Amounts made available pursuant to this subsection shall remain available until expended. (3) Reservation for needs surveys Of the amount made available under paragraph (1) to carry out this section for a fiscal year, the Administrator may reserve not more than $1,000,000 per year to pay the costs of conducting needs surveys under subsection (h). . 13. Affordability of new standards (a) Treatment technologies for small public water systems Clause (ii) of section 1412(b)(4)(E) ( 42 U.S.C. 300g–1(b)(4)(E) ) is amended by adding at the end the following: If no technology, treatment technique, or other means is included in a list under this subparagraph for a category of small public water systems, the Administrator shall periodically review the list and supplement it when new technology becomes available. . (b) Assistance for disadvantaged communities (1) In general Subparagraph (E) of section 1452(a)(1) ( 42 U.S.C. 300j–12(a)(1) ) is amended— (A) by striking except that the Administrator may reserve and inserting except that— (i) in any year in which enforcement of a new national primary drinking water standard begins, the Administrator may use the remaining amount to make grants to States whose public water systems are disproportionately affected by the new standard for the provision of assistance under subsection (d) to such public water systems; (ii) the Administrator may reserve ; and (B) by striking and none of the funds reallotted and inserting ; and (iii) none of the funds reallotted . (2) Elimination of certain provisions (A) Section 1412(b) ( 42 U.S.C. 300g–1(b) ) is amended by striking paragraph (15). (B) Section 1415 ( 42 U.S.C. 300g–4 ) is amended by striking subsection (e). (3) Conforming amendment Subparagraph (B) of section 1414(c)(1) ( 42 U.S.C. 300g–3(c)(1)(B) ) is amended by striking (a)(2), or (e) and inserting or (a)(2) . 14. Focus on lifecycle costs Section 1412(b)(4) ( 42 U.S.C. 300g–1(b)(4) ) is amended— (1) in subparagraph (D), by striking taking cost into consideration and inserting taking lifecycle costs, including maintenance, replacement, and avoided costs, into consideration ; and (2) in the matter preceding subclause (I) in subparagraph (E)(ii), by inserting taking lifecycle costs, including maintenance, replacement, and avoided costs, into consideration, after as determined by the Administrator in consultation with the States, . 15. Enforcement (a) Advice and technical assistance Section 1414 ( 42 U.S.C. 300g–3 ) is amended— (1) in the matter following clause (ii) in subsection (a)(1)(A), by striking and provide such advice and technical assistance to such State and public water system as may be appropriate to bring the system into compliance with the requirement by the earliest feasible time ; and (2) in subsection (a)(1), by adding at the end the following: (C) At any time after providing notice of a violation to a State and public water system under subparagraph (A), the Administrator may provide such advice and technical assistance to such State and public water system as may be appropriate to bring the system into compliance with the requirement by the earliest feasible time. In deciding whether the provision of advice or technical assistance is appropriate, the Administrator may consider the potential for the violation to result in serious adverse effects to human health, whether the violation has occurred continuously or frequently, and the effectiveness of past technical assistance efforts. . (b) Additional inspections (1) In general Section 1414 ( 42 U.S.C. 300g–3 ) is amended— (A) by redesignating subsections (d) through (i) as subsections (e) through (j), respectively; and (B) by inserting after subsection (c) the following: (d) Additional inspections following violations (1) In general The Administrator shall, by regulation, and after consultation with the States, prescribe the number, frequency, and type of additional inspections to follow any violation requiring notice under subsection (c). Regulations under this subsection shall— (A) take into account— (i) differences between violations that are intermittent or infrequent and violations that are continuous or frequent; (ii) the seriousness of any potential adverse health effects that may be involved; and (iii) the number and severity of past violations by the public water system; and (B) specify procedures for inspections following a violation by a public water system that has the potential to have serious adverse effects on human health as a result of short-term exposure. (2) State primary enforcement responsibility Nothing in this subsection shall be construed or applied to modify the requirements of section 1413. . (2) Conforming amendments (A) Subsections (a)(1)(B), (a)(2)(A), and (b) of section 1414 ( 42 U.S.C. 300g–3 ) are amended by striking subsection (g) each place it appears and inserting subsection (h) . (B) Section 1448(a) is amended by striking 1414(g)(3)(B) and inserting 1414(h)(3)(B) . 16. Presence of pharmaceuticals and personal care products in sources of drinking water Subsection (a) of section 1442 ( 42 U.S.C. 300j–1 ) is amended by adding at the end the following: (11) Presence of pharmaceuticals and personal care products in sources of drinking water (A) Study The Administrator shall carry out a study on the presence of pharmaceuticals and personal care products in sources of drinking water, which shall— (i) identify pharmaceuticals and personal care products that have been detected in sources of drinking water and the levels at which such pharmaceuticals and personal care products have been detected; (ii) identify the sources of pharmaceuticals and personal care products in sources of drinking water, including point sources and nonpoint sources of pharmaceutical and personal care products; (iii) identify the effects of such products on humans, the environment, and the safety of drinking water; and (iv) identify methods to control, limit, treat, or prevent the presence of such products. (B) Consultation The Administrator shall conduct the study described in subparagraph (A) in consultation with the Secretary of Health and Human Services (acting through the Commissioner of Food and Drugs), the Director of the United States Geological Survey, the heads of other appropriate Federal agencies (including the National Institute of Environmental Health Sciences), and other interested stakeholders (including manufacturers of pharmaceuticals and personal care products and consumer groups and advocates). (C) Report Not later than 4 years after the date of the enactment of this paragraph, the Administrator shall submit to the Congress a report on the results of the study carried out under this paragraph. (D) Definitions In this paragraph: (i) The term personal care product has the meaning given the term cosmetic in section 201 of the Federal Food, Drug, and Cosmetic Act. (ii) The term pharmaceutical has the meaning given the term drug in section 201 of the Federal Food, Drug, and Cosmetic Act. . 17. Electronic reporting of compliance monitoring data to the Administrator (a) Requirement Section 1414 ( 42 U.S.C. 300g–3 ), as amended, is further amended by adding at the end the following: (k) Electronic reporting of compliance monitoring data to the Administrator The Administrator shall by rule establish requirements for— (1) electronic submission by public water systems of all compliance monitoring data— (A) to the Administrator; or (B) with respect to public water systems in a State which has primary enforcement responsibility under section 1413, to such State; and (2) electronic submission to the Administrator by each State which has primary enforcement responsibility under section 1413 of all compliance monitoring data submitted to such State by public water systems pursuant to paragraph (1)(B). . (b) Final rule Not later than 12 months after the date of the enactment of this Act, the Administrator of the Environmental Protection Agency shall issue a final rule to carry out section 1414(k) of the Safe Drinking Water Act, as added by subsection (a). 18. Best practices for administration of State revolving loan fund programs Section 1452 of the Safe Drinking Water Act ( 42 U.S.C. 300j–12 ) is amended by inserting after subsection (r), as added by section 8(b), the following: (s) Best practices for program administration The Administrator shall— (1) collect information from States on administration of State programs with respect to State loan funds, including— (A) efforts to streamline the process for applying for assistance through such programs; (B) programs in place to assist with the completion of application forms; (C) incentives provided to systems that partner with small public water systems for the application process; and (D) techniques to ensure that obligated balances are liquidated in a timely fashion; (2) not later than 3 years after the date of enactment of the Assistance, Quality, and Affordability Act of 2014 , disseminate to the States best practices for administration of such programs, based on the information collected pursuant to this subsection; and (3) periodically update such best practices, as appropriate. . 19. Water loss and leak control technology Part E of the Safe Drinking Water Act ( 42 U.S.C. 300j et seq. ) is amended by adding at the end the following: 1459. Water loss and leak control technology The Administrator shall— (1) not later than 5 years after the date of enactment of the Assistance, Quality, and Affordability Act of 2014 , develop criteria for effective water loss and leak control technology to be used by water systems; and (2) implement a program through which a manufacturer of such technology may apply, on a voluntary basis, for certification of compliance with such criteria. .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5534ih/xml/BILLS-113hr5534ih.xml
|
113-hr-5535
|
I 113th CONGRESS 2d Session H. R. 5535 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Ms. Jackson Lee introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to provide grants to States and units of local government for the video recording of custodial interrogations.
1. Short title This Act may be cited as the Custodial Interrogation Recording Act . 2. Findings Congress finds the following: (1) According to the National Conference of Commissioners on Uniform State Laws, research has demonstrated that video recording of custodial interrogations furthers three important civic values: truth-finding, efficient and fair administration of justice, and protection of constitutional guarantees. See Richard A. Leo, Police Interrogation and American Justice 296–305 (2008); Thomas P. Sullivan, Recording Federal Custodial Interviews, 45 Am. Crim. L. Rev. 1297 (2008). (2) Video recording of the entire process of custodial interrogation has proven to be a major advance in law enforcement, improving the ability to solve crimes and prove cases while lowering the overall costs of investigation and litigation. (3) Video recording of custodial interrogations promotes truth-finding in several ways, including by reducing the incentive to fabricate, compensating for faulty or unreliable recollections of witnesses, deterring problematic interrogation methods, filtering out weak cases, and enhancing the ability of finders of fact to assess witness credibility and veracity. (4) Video recording of custodial interrogations promotes efficiency in the administration of the criminal justice system by reducing the number of frivolous suppression motions, improving the quality of police investigations, improving the quality of review and case screening by prosecutors, and reducing the likelihood of hung juries. (5) Video recording of custodial interrogations safeguards constitutional rights and values by making it easier for courts to adjudicate motions to suppress, by making it easier for prosecutors to preserve and disclose material exculpatory evidence required under the Supreme Court decision in Brady v. Maryland, 373 U.S. 83 (1963), by making it easier for superiors to train police officers in how to comply with constitutional mandates and for the press, and by making it easier for the press, the judiciary, prosecutors, independent watchdog groups, and police administrators to identify and correct misuses of power by law enforcement. (6) Video recordings of custodial interrogations make it easier to identify and avoid biases, which would otherwise be difficult to detect and correct because such biases are often unconscious, thus operating outside police awareness. (7) Video recordings of custodial interrogations help to improve public confidence in the fairness and professionalism of policing, which in a democracy not only is a good in itself but also a proven means of reducing crime and enhancing citizen cooperation in solving crimes. (8) Video recording of the entire process of custodial interrogation is likely to be a major boon to law enforcement, improving its ability to prove its cases while lowering overall costs of investigation and litigation. Such recording will also, however, improve systemic accuracy, fairness to the accused and the State alike, protection of constitutional rights, and public confidence in the justice system. 3. Amendment Title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3711 ) is amended— (1) in section 1001(a), by adding at the end the following: (27) There are authorized to be appropriated to carry out part LL such sums as may be necessary for each of the first 5 fiscal years beginning after the date of the enactment of such part. ; and (2) by adding at the end the following: LL CUSTODIAL INTERROGATION VIDEO RECORDING GRANTS 3021. Custodial interrogation video recording grants (a) Grant program The Attorney General shall make grants to States and units of local government to take whatever steps the Attorney General determines to be necessary to achieve the complete and accurate recording, by both audio and video means, of every custodial interrogation occurring within the State or unit of local government. (b) Matching requirement The portion of the costs of a program funded by a grant under this section may not exceed 75 percent. (c) Definition of custodial interrogation In this section, the term custodial interrogation means questioning or other conduct by a law enforcement officer which is reasonably likely to elicit an incriminating response from an individual and occurs when reasonable individuals in the same circumstances would consider themselves in custody. .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5535ih/xml/BILLS-113hr5535ih.xml
|
113-hr-5536
|
I 113th CONGRESS 2d Session H. R. 5536 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Ms. Jackson Lee introduced the following bill; which was referred to the Committee on the Judiciary A BILL To encourage States to provide for enhanced sentencing penalties for persons convicted of committing, or attempting to commit, an act of domestic violence in the presence of minor children.
1. Short title This Act may be cited as the Domestic Violence Enhanced Penalty Act of 2014 or as Candace’s Law . 2. Findings The Congress finds as follows: (1) Approximately 1 in 4 women will experience domestic violence during her lifetime and every year, 1 in 3 women who is a victim of homicide is murdered by her current or former partner. (2) Every year, more than 3 million children witness domestic violence in their homes and children who live in homes where there is domestic violence also suffer abuse or neglect at high rates. (3) Children are more likely to intervene when they witness severe violence against a parent, which places them at great risk for injury or even death. (4) Girls who witness domestic violence are more vulnerable to abuse as teens and adults and boys who witness domestic violence are more likely to become adult abusers of their partners, their children, or both, thus continuing the cycle of violence in the next generation. (5) Most domestic violence incidents are never reported. (6) Family members, close friends, co-workers, and other persons close to a victim of domestic violence frequently observe things that lead to them to suspect that their loved one or colleague is being abused but do not feel they possess the knowledge and skills needed to provide constructive assistance that can make a real difference in the life of the victim. (7) Domestic violence costs the national economy more than $37 billion a year in law enforcement involvement, legal work, medical and mental health treatment, and lost productivity. 3. Incentive for States to Enact Enhanced Sentencing Provisions for Persons Convicted of Committing Act of Domestic Violence in the Presence of a Minor Child (a) In general For each fiscal year after the expiration of the period of implementation specified in subsection (b), a State shall provide by law enhanced sentencing provisions for persons convicted of committing, or attempting to commit, an act of domestic violence in the presence of minor children. (b) Period for implementation by states (1) Deadline Each State shall implement this section before 2 years after the date of the enactment of this Act. (2) Extensions The Attorney General may authorize up to one 1-year extension of the deadline in paragraph (1). (c) Failure of state To comply (1) In general For any fiscal year after the end of the period for implementation under subsection (b), a State that fails, as determined by the Attorney General, to substantially implement this section shall not receive 20 percent of the funds that would otherwise be allocated for that fiscal year to the State under the Violence Against Women Act of 2000. (2) State constitutionality (A) In general When evaluating whether a State has substantially implemented this section, the Attorney General shall consider whether the State is unable to substantially implement this section because of a demonstrated inability to implement certain provisions that would place the State in violation of its constitution, as determined by a ruling of the State’s highest court. (B) Efforts If the circumstances arise under subparagraph (A), then the Attorney General and the State shall make good faith efforts to accomplish substantial implementation of this section and to reconcile any conflicts between this section and the State’s constitution. In considering whether compliance with the requirements of this section would likely violate the State’s constitution or an interpretation thereof by the State’s highest court, the Attorney General shall consult with the chief executive and chief legal officer of the State concerning the State’s interpretation of the State’s constitution and rulings thereon by the State’s highest court. (C) Alternative procedures If the State is unable to substantially implement this section because of a limitation imposed by the State’s constitution, the Attorney General may determine that the State is in compliance with this Act if the State has implemented, or is in the process of implementing, reasonable alternative procedures or accommodations that are consistent with the purposes of this Act. (D) Funding reduction If a State does not comply with subparagraph (C), then the State shall be subject to a funding reduction as specified in paragraph (1). (3) Reallocation Amounts not allocated under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3750 et seq. ) to a State for failure to substantially implement this section shall be reallocated under such subpart to States that have not failed to substantially implement this section or may be reallocated to a State from which they were withheld to be used solely for the purpose of implementing this section. (d) Definition of state In this section the term State shall have the meaning given such term in section 901(a) of Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3791(a) et seq.).
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5536ih/xml/BILLS-113hr5536ih.xml
|
113-hr-5537
|
I 113th CONGRESS 2d Session H. R. 5537 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. McKinley introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To require the Comptroller General to conduct a study of the interoperability of computer systems used by hospitals to store and access electronic health records, and for other purposes.
1. Study on interoperability of computer systems used by hospitals to store and access electronic health records (a) Study The Comptroller General shall conduct a study of the interoperability of computer systems used by hospitals to store and access electronic health records, which shall explore— (1) the extent to which it is possible for such computer systems to be interoperable to enable authorized personnel of more than one hospital to access and update the electronic health records of the same patient; (2) the identity of hospitals in the United States that use, at the time the study is conducted, computer systems with the ability to allow authorized personnel of more than one hospital to access and update the electronic health records of the same patient; (3) the reasons why hospitals in the United States do not have computer systems with such ability at the time the study is conducted; and (4) the extent to which increased interoperability of such computer systems allows hospitals to more effectively coordinate the care of patients. (b) Report Not later than 6 months after date of the enactment of this Act, the Comptroller General shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Energy and Commerce of the House of Representatives a report on the study conducted under subsection (a), including such recommendations as the Comptroller General considers appropriate regarding the use of interoperable computer systems by hospitals to store and access electronic health records as a method of improving the coordination of care of patients.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5537ih/xml/BILLS-113hr5537ih.xml
|
113-hr-5538
|
I 113th CONGRESS 2d Session H. R. 5538 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Ms. Jackson Lee introduced the following bill; which was referred to the Committee on the Judiciary A BILL To establish a grant program to empower relatives, friends, and co-workers of domestic violence victims to create safety plans.
1. Short title This Act may be cited as the Domestic Violence Safety Plan Grant Program Act of 2014 or as the My Sister’s Keeper Act of 2014 . 2. Findings The Congress finds as follows: (1) Approximately 1 in 4 women will experience domestic violence during her lifetime and every year, 1 in 3 women who is a victim of homicide is murdered by her current or former partner. (2) Every year, more than 3 million children witness domestic violence in their homes and children who live in homes where there is domestic violence also suffer abuse or neglect at high rates. (3) Children are more likely to intervene when they witness severe violence against a parent, which places them at great risk for injury or even death. (4) Girls who witness domestic violence are more vulnerable to abuse as teens and adults and boys who witness domestic violence are more likely to become adult abusers of their partners, their children, or both, thus continuing the cycle of violence in the next generation. (5) Most domestic violence incidents are never reported. (6) Family members, close friends, co-workers, and other persons close to a victim of domestic violence frequently observe things that lead to them to suspect that their loved one or colleague is being abused but do not feel they possess the knowledge and skills needed to provide constructive assistance that can make a real difference in the life of the victim. (7) Domestic violence costs the national economy more than $37 billion a year in law enforcement involvement, legal work, medical and mental health treatment, and lost productivity. 3. Grant program to discourage domestic violence (a) In general The Attorney General shall establish a program to award grants to eligible State and local governments, educational institutions, and non-profit organizations to develop, promote, and teach the importance of the critical role that can be played by relatives, friends, and co-workers in combating domestic violence. (b) Authorization of appropriations There are authorized to be appropriated for purposes of the grant program under this section $5,000,000 for each of fiscal years 2015, 2016, 2017, 2018, and 2019. (c) Sunset The provisions of this section shall cease to have effect beginning on the last day of fiscal year 2019.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5538ih/xml/BILLS-113hr5538ih.xml
|
113-hr-5539
|
I 113th CONGRESS 2d Session H. R. 5539 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Burgess (for himself and Ms. Schwartz ) 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 exempt from manufacturer transparency reporting certain transfers used for educational purposes, and for other purposes.
1. Exempting from manufacturer transparency reporting certain transfers used for educational purposes (a) In general Section 1128G(e)(10)(B) of the Social Security Act (42 U.S.C. 1320a–7h(e)(10)(B)) is amended— (1) in clause (iii), by inserting , including peer-reviewed journals, journal reprints, journal supplements, and medical textbooks after patient use ; and (2) by adding at the end the following new clause: (xiii) A transfer of anything of value to a covered recipient who is a physician if the thing of value is intended solely for purposes of providing continuing medical education to the physician. . (b) Effective date The amendments made by this section shall apply with respect to transfers of value made on or after the date of the enactment of this Act.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5539ih/xml/BILLS-113hr5539ih.xml
|
113-hr-5540
|
I 113th CONGRESS 2d Session H. R. 5540 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Ms. Jackson Lee (for herself and Mr. Cartwright ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To establish a grant program for stipends to assist in the cost of compensation paid by employers to certain recent college graduates and to provide funding for their further education in subjects relating to mathematics, science, engineering, and technology.
1. Short title This Act may be cited as the America Realizing the Informational Skills and Initiative of New Graduates Act of 2014 or America RISING Act of 2014 . 2. Findings Congress finds the following: (1) According to the Bureau of Labor Statistics, in 2012 the national unemployment rate for individuals ages 25 years and older with a bachelor’s degree was 4.5 percent and 6.2 percent for individuals with an associate’s degree. For college graduates ages 18 to 25 the national unemployment rate in 2012 was higher at 7.7 percent. Because the typical college graduates leaves college owing an average of $29,400 in student loan debt, a rate that has increased 6 percent every year since 2008, the current job market offers exceedingly few opportunities for such graduates to obtain employment at a salary adequate to service their college loan debt. (2) There are more than 26 million small businesses in the United States. In the current economic climate, these small businesses are experiencing difficulty in finding the resources needed to increase sales, modernize operations, and hire new employees. (3) Recent college graduates need the experience that can be obtained only in the workplace to refine their skills and develop the entrepreneurial qualities that can lead to the creation of new businesses and jobs. (4) Existing small businesses, and companies will benefit from the information and technology skills possessed by many of the Nation’s recent college graduates. (5) Enabling recent college graduates to obtain employment with small businesses benefits the national economy by providing such businesses the human capital and technical expertise needed to compete and win in the global economy of the 21st century. 3. Establishment of America RISING program (a) Establishment The Secretary of Labor and the Secretary of Education shall, jointly, establish a program under which— (1) grants are paid to eligible employers to defray the cost of compensation paid by such employers to recent college graduates; and (2) grants are paid to recent college graduates to enable such graduates to defray the cost of undertaking further postsecondary courses at an institution of higher education for up to 24 months in subjects relating to mathematics, science, engineering, or technology. (b) Terms and conditions (1) In general A grant under this section may be made on such terms and conditions as the Secretary may determine. (2) Deferral of Federal student loan obligations Each recent college graduate participating in the program under this section (by benefitting from a grant awarded under paragraph (1), or receiving a grant under paragraph (2), of subsection (a)) may defer payment on Federal student loans made to the graduate under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) for the period of the graduate’s participation in the program. (3) Grants to eligible employers With respect to a grant awarded under subsection (a)(1)— (A) an eligible employer— (i) may use the grant to defray the cost of compensation for not more than 2 recent college graduates; and (ii) shall provide a compensation amount to each recent college graduate participating in the program that is equal to or greater than the grant amount received by the employer for the graduate; and (B) the Secretary may not award an eligible employer more than $25,000 per recent college graduate. (4) Grants to recent college graduates With respect to a grant awarded under subsection (a)(2) to a recent college graduate, the graduate shall be eligible to receive Federal student aid under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ) without regard to whether the graduate has been or is delinquent on any Federal student loans made to the graduate under such title IV ( 20 U.S.C. 1070 et seq. ). (c) Definitions In this section: (1) Eligible employer The term eligible employer means an employer that— (A) is a small business concern; or (B) is a major corporation that has an operation located in— (i) an enterprise zone; or (ii) an area in which, according to the most recent data available, the unemployment rate exceeds the national average unemployment rate by more than two percentage points. (2) Enterprise zone The term enterprise zone has the meaning given the term HUBzone in section 3 of the Small Business Act ( 15 U.S.C. 632 ). (3) Institution of higher education Except as provided in paragraph (3)(B), 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). (4) Major corporation The term major corporation means an employer that earns an annual revenue of not less than $5,000,000 and employs not less than 50 employees. (5) Recent college graduate (A) In general The term recent college graduate means an individual who— (i) who has received a baccalaureate or associate degree from an institution of higher education on or after the date that is 24 months before the grant benefitting the graduate is awarded under this section; and (ii) who has not previously received any such baccalaureate or associate degree. (B) Institution of higher education In subparagraph (A), the term institution of higher education has the meaning given such term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (6) Small business concern The term small business concern has the meaning given such term in section 3 of the Small Business Act ( 15 U.S.C. 632 ). (d) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this Act $100,000,000 for each of the fiscal years 2015, 2016, and 2017. (2) Availability Funds appropriated under paragraph (1) shall remain available until expended.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5540ih/xml/BILLS-113hr5540ih.xml
|
113-hr-5541
|
I 113th CONGRESS 2d Session H. R. 5541 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Farr (for himself and Ms. Duckworth ) introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To promote the provision of exercise and fitness equipment that is accessible to individuals with disabilities.
1. Short title This Act may be cited as the Exercise and Fitness For All Act . 2. Findings and purpose (a) Findings Congress finds the following: (1) Individuals with disabilities can maintain and improve their health through appropriate physical activity. (2) In the 2008 Physical Activity Guidelines for Americans (referred to as the Guidelines ), the Department of Health and Human Services recommends that individuals with disabilities, who are able, participate in regular aerobic activity. (3) The Guidelines also recommend that adults with disabilities, who are able, do muscle-strengthening activities of moderate or high intensity on 2 or more days a week, as these activities provide additional health benefits. (4) The Guidelines recommend that when adults with disabilities are not able to meet the Guidelines, they should engage in regular physical activity according to their abilities and avoid inactivity. (5) Unfortunately, many individuals with disabilities are unable to engage in the recommended exercise or fitness activities due to the inaccessibility of exercise or fitness equipment. (6) Physical inactivity by adults with disabilities can lead to increased risk for functional limitations and secondary health conditions. (b) Purpose The purposes of this Act are— (1) to encourage exercise and fitness service providers to provide accessible exercise and fitness equipment for individuals with disabilities; and (2) to provide guidance about the requirements necessary to ensure that such exercise and fitness equipment is accessible to, and usable by, individuals with disabilities. 3. Definitions In this Act: (1) Access Board The term Access Board means the Architectural and Transportation Barriers Compliance Board established under section 502 of the Rehabilitation Act of 1973 ( 29 U.S.C. 792 ). (2) Accessible exercise or fitness equipment The term accessible exercise or fitness equipment means exercise or fitness equipment that is accessible to, and can be independently used and operated by, individuals with disabilities. (3) Exercise or fitness equipment The term exercise or fitness equipment means devices such as motorized treadmills, stair climbers or step machines, stationary bicycles, rowing machines, weight machines, circuit training equipment, cardiovascular equipment, strength equipment, or other exercise or fitness equipment. (4) Exercise or fitness service provider The term exercise or fitness service provider means a gymnasium, health spa, health club, college or university facility, or other similar place of exercise or fitness that— (A) is considered a public accommodation under section 301 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12181 ) or is considered a public entity under section 201 of such Act ( 42 U.S.C. 12131 ); and (B) provides exercise or fitness equipment for the use of its patrons. (5) Individual with a disability The term individual with a disability means any person with a disability as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ). (6) Individuals with disabilities The term individuals with disabilities means more than one individual with a disability. 4. Exercise and fitness accessibility guidelines (a) Establishment of guidelines Not later than 18 months after the date of enactment of this Act, the Access Board shall develop and publish guidelines for exercise or fitness service providers regarding the provision of accessible exercise or fitness equipment, including relevant personnel training. (b) Contents of guidelines The guidelines described in subsection (a) shall— (1) be consistent with the Standard Specification for Universal Design of Fitness Equipment for Inclusive Use by Persons with Functional Limitations and Impairments of the American Society for Testing and Materials (ASTM F3021–13) (and any future revisions thereto); (2) ensure that— (A) exercise or fitness equipment is accessible to, and usable by, individuals with disabilities; and (B) individuals with disabilities have independent entry to, use of, and exit from the exercise or fitness equipment, to the maximum extent possible; and (3) take into consideration the following: (A) Whether the exercise or fitness service provider is a new or existing facility. (B) Whether the exercise or fitness service provider is staffed or not. (C) Instruction and additional assistance on the use of the accessible exercise or fitness equipment (including specific accessibility features) for individuals with disabilities. (D) The size and overall financial resources of the exercise or fitness service provider. (E) The availability of closed captioning of video programming displayed on equipment and televisions provided by an exercise or fitness service provider. (c) Review and amendment The Access Board shall periodically review and, as appropriate, amend the guidelines, and shall issue the resulting guidelines as revised guidelines. 5. Tax credit for expenditures to provide accessible exercise or fitness equipment (a) In general Paragraph (1) of section 44(c) of the Internal Revenue Code of 1986 is amended— (1) by striking paid or incurred by an eligible small business and inserting paid or incurred— (A) by an eligible small business , (2) by striking section). and inserting section), and , and (3) by inserting at the end the following: (B) by an eligible small business which is an exercise or fitness service provider for the purpose of providing for use by individuals with disabilities accessible exercise or fitness equipment that meets the guidelines established by the Access Board under section 4 of the Exercise and Fitness for All Act. Any term used in subparagraph (B) which is defined in section 3 of the Exercise and Fitness for All Act shall have the meaning given such term in such section, as in effect on the date of the enactment of such subparagraph. . (b) Effective date The amendments made by this section shall apply to expenses paid or incurred in taxable years beginning after the date of the enactment of this Act.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5541ih/xml/BILLS-113hr5541ih.xml
|
113-hr-5542
|
I 113th CONGRESS 2d Session H. R. 5542 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Crawford (for himself, Mr. Griffin of Arkansas , Mr. Womack , and Mr. Cotton ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Agricultural Act of 2014 to require the Secretary of Agriculture to extend the term of a marketing assistance loan and the deadline for repayment of a farm ownership, operating, or emergency loan when the purchaser of the agricultural commodity subject to the marketing assistance loan declared bankruptcy before paying the farmer for the commodity.
1. Short title This Act may be cited as the Farm Protection Act of 2014 . 2. Extension of marketing assistance loans and deadline for repayment of farm ownership, operating, or emergency loans in certain cases of bankruptcy Section 1203(b) of the Agricultural Act of 2014 ( 7 U.S.C. 9033(b) ) is amended— (1) by striking The Secretary and inserting the following: (1) In general Except as provided in paragraph (2), the Secretary ; and (2) by adding at the end the following new paragraph: (2) Extension of certain loans in event of purchaser bankruptcy (A) In general This paragraph applies whenever— (i) the producers on a farm have a marketing assistance loan under section 1201 for a loan commodity; (ii) the producers have sold, transferred, or delivered the loan commodity subject to the loan to a purchaser; and (iii) a case under any chapter of title 11, United States Code (in this paragraph referred to as a chapter 11 bankruptcy ), has been commenced in which the purchaser is the debtor. (B) Extension for non-payment If a chapter 11 bankruptcy in which the purchaser of a loan commodity is the debtor, as described in subparagraph (A), is commenced before the purchaser pays the producers in full for the loan commodity, the Secretary shall extend, to a date that is not less than 180 days after the date on which the chapter 11 bankruptcy is closed or dismissed— (i) the term and any due date for any payment or obligation pursuant to the marketing assistance loan of the producers; and (ii) the due date for any payment or obligation pursuant to any ownership, operating, or emergency loan made to the producers under the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1921 et seq. ). (C) Related suspensions (i) Accrual of interest If the purchaser of the loan commodity has already taken possession of the loan commodity, the Secretary also shall suspend the accruing of interest on the loans described in subparagraph (B) during the period of the extension under such subparagraph. (ii) Recovery actions If a trustee in the purchaser’s chapter 11 bankruptcy seeks recovery of all or any portion of a purchase price paid to or on behalf of the producers for the loan commodity, the Secretary also shall suspend any efforts to collect from the producers any amounts related to such recovery or potential recovery until a date that is not less than 180 days after the final resolution of the action to recover all or any portion of the purchase price. .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5542ih/xml/BILLS-113hr5542ih.xml
|
113-hr-5543
|
I 113th CONGRESS 2d Session H. R. 5543 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Daines introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Wild and Scenic Rivers Act to designate certain segments of East Rosebud Creek in Carbon County, Montana, as components of the Wild and Scenic Rivers System.
1. Short title This Act may be cited as the East Rosebud Wild and Scenic Rivers Act . 2. Designation of wild and scenic river segments Section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) is amended by adding at the end the following: (208) East rosebud creek, montana (A) The portions of East Rosebud Creek in the State of Montana, consisting of— (i) the 13-mile segment from the source in the Absaroka-Beartooth Wilderness downstream to the point at which the Creek enters East Rosebud Lake, including the stream reach between Twin Outlets Lake and Fossil Lake, to be administered by the Secretary of Agriculture as a wild river; and (ii) the 7-mile segment on the Custer National Forest from immediately below, but not including, the outlet of East Rosebud Lake downstream to the point at which the Creek enters private property for the first time, to be administered by the Secretary of Agriculture as a recreational river. (B) No private property shall be included within the boundaries of the river segments designated by this paragraph. (C) No land or interests in land may be acquired by condemnation within the boundaries of the river segments designated by this paragraph. (D) Nothing in this paragraph creates or authorizes the creation of a protective perimeter or buffer zone around the boundaries of the river segments designated by this paragraph. The fact that an activity or use can be seen or heard from within such boundaries shall not preclude the conduct of that activity or use outside such boundaries. .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5543ih/xml/BILLS-113hr5543ih.xml
|
113-hr-5544
|
I 113th CONGRESS 2d Session H. R. 5544 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Broun of Georgia (for himself, Mr. Smith of Texas , Mr. Bucshon , Mr. Johnson of Ohio , and Mr. Collins of New York ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To increase the understanding of the health effects of low doses of ionizing radiation.
1. Short title This Act may be cited as the Low-Dose Radiation Research Act of 2014 . 2. Low dose radiation research program (a) In general The Director of the Department of Energy Office of Science shall carry out a research program on low dose radiation. The purpose of the program is to enhance the scientific understanding of and reduce uncertainties associated with the effects of exposure to low dose radiation in order to inform improved risk management methods. (b) Study Not later than 60 days after the date of enactment of this Act, the Director shall enter into an agreement with the National Academies to conduct a study assessing the current status and development of a long-term strategy for low dose radiation research. Such study shall be completed not later than 18 months after the date of enactment of this Act. The study shall be conducted in coordination with Federal agencies that perform ionizing radiation effects research and shall leverage the most current studies in this field. Such study shall— (1) identify current scientific challenges for understanding the long-term effects of ionizing radiation; (2) assess the status of current low dose radiation research in the United States and internationally; (3) formulate overall scientific goals for the future of low-dose radiation research in the United States; (4) recommend a long-term strategic and prioritized research agenda to address scientific research goals for overcoming the identified scientific challenges in coordination with other research efforts; (5) define the essential components of a research program that would address this research agenda within the universities and the National Laboratories; and (6) assess the cost-benefit effectiveness of such a program. (c) Research plan Not later than 90 days after the completion of the study performed under subsection (b) the Secretary of Energy shall deliver to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a 5-year research plan that responds to the study’s findings and recommendations and identifies and prioritizes research needs. (d) Definition In this section, the term low dose radiation means a radiation dose of less than 100 millisieverts. (e) Prohibition on biomedical research Section 977(e) of the Energy Policy Act of 2005 ( 42 U.S.C. 16317(e) ) is amended to read as follows: (e) Prohibition on biomedical research In carrying out the program under this section, the Secretary shall not conduct biomedical research. . (f) Funding No additional funds are authorized to be appropriated under this section. This Act shall be carried out using funds otherwise appropriated by law.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5544ih/xml/BILLS-113hr5544ih.xml
|
113-hr-5545
|
I 113th CONGRESS 2d Session H. R. 5545 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Farr (for himself, Mr. Young of Alaska , and Mrs. Capps ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To reauthorize the Federal Ocean Acidification Research and Monitoring Act of 2009.
1. Reauthorization of Federal Ocean Acidification Research and Monitoring Act of 2009 Section 12409 of the Federal Ocean Acidification Research and Monitoring Act of 2009 (33 U.S.C. 3708) is amended— (1) in subsection (a), by striking this subtitle and all that follows through paragraph (4) and inserting this subtitle $20,000,000 for each of fiscal years 2015 through 2018. ; and (2) in subsection (b), by striking this subtitle and all that follows through paragraph (4) and inserting this subtitle $15,000,000 for each of fiscal years 2015 through 2018. .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5545ih/xml/BILLS-113hr5545ih.xml
|
113-hr-5546
|
I 113th CONGRESS 2d Session H. R. 5546 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Heck of Washington (for himself, Mr. McDermott , Mr. Huffman , Mr. Blumenauer , Mr. Kilmer , Mr. Smith of Washington , and Mr. Larsen of Washington ) introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committee on Agriculture , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To authorize the Secretary of Commerce to identify, declare, and respond to marine disease emergencies, and for other purposes.
1. Short Title This Act may be cited as the Marine Disease Emergency Act of 2014 . 2. Definitions In this Act: (1) Coordinator The term coordinator means an individual designated to coordinate the response to a marine disease emergency under section 3(d). (2) Data Repository The term Data Repository means the National Data Repository for Marine Diseases Research and Services established under section 6. (3) Exclusive Economic Zone The term exclusive economic zone means the exclusive economic zone of the United States established by Presidential Proclamation No. 5030, of March 10, 1983. (4) Fund The term Fund means the Marine Disease Emergency Fund established under section 5. (5) Marine Disease The term marine disease means a pathological condition that— (A) is caused by a living organism; (B) occurs in a population of marine species; and (C) appears to be infectious. (6) Marine Disease Emergency The term marine disease emergency means an event that— (A) affects the marine environment; (B) is caused by a marine disease or environmental stressor; (C) is likely to threaten the sustainability of a marine species or the health of a marine ecosystem; and (D) is likely to expand in geographic scope. (7) Marine Environment The term marine environment means those areas of coastal, ocean, and estuarine waters over which the United States has jurisdiction, including the exclusive economic zone, consistent with international law. (8) Marine Species The term marine species means finfish, mollusks, crustaceans, and all other forms of marine animal and plant life other than marine mammals and birds. (9) Secretary The term Secretary means the Secretary of Commerce acting through the Administrator of the National Oceanic and Atmospheric Administration. (10) State The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the United States Virgin Islands, Guam, and any other Commonwealth, territory, or possession of the United States, and each federally recognized Indian tribe. (11) Working Group The term Working Group means the Marine Disease Emergency Working Group established under section 4. 3. Declaration of Marine Disease Emergency and Response (a) In General The Secretary may declare a marine disease emergency in accordance with subsection (b). (b) Declaration Procedure After receiving notice that a marine disease emergency may be occurring, the Secretary shall, to the extent practicable— (1) not later than 24 hours after receiving such notice, contact members of the Working Group for guidance on whether the event is a marine disease emergency; and (2) not later than 7 days after receiving such notice, declare whether the event is a marine disease emergency. (c) Effect of Declaration (1) Powers of Secretary Upon declaring a marine disease emergency under subsection (b), and subject to the availability of appropriations, the Secretary may take such actions as may be appropriate to respond to the emergency, including making grants, providing awards for expenses, entering into contracts and conducting and supporting investigations into the cause, treatment, or prevention of the emergency. (2) Response Activities As soon as possible after declaring a marine disease emergency, the Secretary shall carry out the activities described in subsections (d) and (e) with respect to the emergency. (d) Designation of Coordinator (1) In General The Secretary shall designate an individual to coordinate the response to each marine disease emergency declared under subsection (b). (2) Duties of Coordinator The coordinator, under the supervision of the Secretary, shall lead a response to the emergency that may include Federal, State, regional, and local agencies, nongovernmental organizations, and other persons as appropriate. (3) Assistant Coordinators The Secretary may designate one or more individuals to assist the coordinator in carrying out the duties described in paragraph (2). (e) Development of Response Plan (1) In General Not later than 21 days after declaring a marine disease emergency under subsection (b) the Secretary shall, in consultation with the Working Group and coordinator, develop a written response plan for each marine disease emergency. (2) Contents The plan described in paragraph (1) shall include, at minimum— (A) a list of persons at appropriate Federal, regional, State, and local agencies who can assist the Secretary in implementing a coordinated and effective response to the marine disease emergency; (B) a description of the steps necessary to diagnose the cause of the marine disease emergency; (C) training, mobilization, and utilization procedures for personnel, facilities, and other resources necessary to conduct a rapid and effective response to the marine disease emergency; (D) an assessment of the potential effects of the marine disease emergency on populations of marine species; and (E) strategies to minimize morbidity and mortality in marine species and minimize transmission of the disease. (3) Publication Not later than 21 days after declaring a marine disease emergency under subsection (b) the Secretary shall publish a summary of the plan on a publicly accessible Internet website of the National Oceanic and Atmospheric Administration. (f) Termination of Marine Disease Emergency (1) In General A marine disease emergency declared under subsection (b) shall terminate on the date on which the Secretary declares that the emergency no longer exists, or upon the expiration of the 120-day period beginning on the date on which the declaration is made by the Secretary under subsection (b), whichever occurs first. (2) Renewal of Declaration A declaration that terminates under paragraph (1) may be renewed by the Secretary and the time limitations in paragraph (1) shall apply with respect to each such renewal. (g) Report Not later than 90 days after the termination of a marine disease emergency declared under subsection (b), the Secretary shall— (1) submit to Congress a report describing— (A) the cause and environmental impact of the marine disease emergency; (B) the response to the marine disease emergency and recommendations, if any, for improving responses to future marine disease emergencies; and (C) recommendations, if any, for preventing future marine disease emergencies; and (2) publish the report on a publicly accessible Internet website of the National Oceanic and Atmospheric Administration. 4. Marine Disease Emergency Working Group (a) Establishment There is established in the National Oceanic and Atmospheric Administration a Working Group to be known as the Marine Disease Emergency Working Group . (b) Duties The Working Group shall— (1) advise the Secretary on risk assessment, preparation, monitoring, research, and response to marine diseases that may significantly impact the health and sustainability of marine species and ecosystems; (2) advise the Secretary in determining whether a marine disease emergency should be declared or terminated; (3) assist the Secretary in drafting response plans under section 3(e); (4) assist the Secretary in drafting reports under section 3(g); and (5) consult with the Director of the Data Repository established under section 6 to ensure the quality and availability of the data contained therein. (c) Membership (1) Composition Subject to paragraph (3), the Working Group shall be composed of 7 members as follows: (A) The Secretary or the Secretary’s designee. (B) The Administrator of the United States Animal and Plant Health Inspection Service or the Administrator’s designee. (C) The Director of the United States Fish and Wildlife Service or the Director’s designee. (D) The Director of the United States Geological Survey or the Director’s designee. (E) Three members, appointed by the President, who have specialized knowledge and expertise in epidemiology, ecology, or microbiology, or expertise in responding to disease outbreaks or ecological disasters. (2) Limitation A member appointed under paragraph (1)(E) shall not be an employee of an agency (as defined in section 551 of title 5, United States Code). If any such member becomes an employee of an agency, that member may continue as a member for not longer than the 30-day period beginning on the date the member becomes an employee of an agency. (3) Temporary Members The Secretary may appoint additional members to the Working Group to serve during a marine disease emergency declared under section (3)(b). (4) Terms (A) Non-Agency Members Each member appointed under paragraph (1)(E) shall be appointed for a term of 2 years and may be reappointed thereafter by the President. (B) Temporary Members The term of each member appointed under paragraph (3) shall expire 90 days after the date on which the marine disease emergency for which that member was appointed is terminated under section 3(f). (5) Vacancies A vacancy in the Working Group shall be filled in the manner in which the original appointment was made. (6) Basic Pay Members of the Working Group shall serve without pay. (7) Travel Expenses Subject to the availability of appropriations, each member of the Working Group shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (8) Chairperson The Secretary, or a designee of the Secretary, shall be the Chairperson of the Working Group. (9) Meetings The Secretary shall convene the Working Group not later than 30 days after the date of the enactment of this Act. Thereafter, the Working Group shall meet not less than annually and may also meet at the call of the Chairperson or a majority of its members. (d) Staffing and assistance The Secretary shall make available to the Working Group any staff, information, administrative services, or assistance the Secretary considers reasonably required to enable the Working Group to carry out its duties. (e) Termination Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to the Working Group. 5. Establishment of marine disease emergency fund (a) Establishment There is established in the Treasury a fund to be known as the Marine Disease Emergency Fund which shall be administered by the Secretary. Amounts in the fund shall be made available without fiscal year limitation, and subject to appropriations, to carry out this Act. (b) Amounts The Fund shall consist of— (1) amounts appropriated to the Fund; and (2) amounts received by the Secretary as donations, gifts, or contributions for the purpose of addressing marine disease emergencies. (c) Use of Fund Amounts in the Fund shall be used only to respond to a marine disease emergency declared under section 3(b). (d) Supplement Not Supplant Amounts from the Fund shall be used to supplement and not supplant other Federal, State, regional, and local public funds provided for activities under this Act. 6. National Data Repository for Marine Diseases Research and Services (a) In general The Secretary shall establish a National Data Repository for Marine Diseases Research and Services. Subject to the availability of appropriations, the Secretary shall enter into a contract with an entity eligible under subsection (c) to develop and administer such repository. (b) Purpose The purpose of the Data Repository shall be to— (1) collect, store, and disseminate information regarding research, data, findings, and technical assistance materials related to marine diseases; (2) facilitate the development, coordination, and rapid dissemination of research on marine diseases; and (3) collect epidemiological, environmental impact, timeline, global positioning system registered location, and ecological consequence data regarding marine diseases, linking different datasets across the country to assist researchers in developing strategies for addressing marine diseases. (c) Eligibility To be eligible for the contract under subsection (a), an entity shall— (1) be a public or private nonprofit entity; (2) have experience— (A) collecting data; (B) developing systems to store data in a secure manner; (C) developing Internet web portals and other means of communicating with a wide audience; and (D) making information available to the public; and (3) meet such other criteria as the Secretary considers appropriate. (d) Data Repository Director As a condition of receiving the contract under subsection (a), an entity shall agree to employ a director of the Data Repository chosen in accordance with guidance issued by the Secretary. The Director, in consultation with the Secretary and Working Group, shall— (1) collect information and research methodologies from individuals, agencies, and organizations engaged in the research of marine diseases; (2) ensure research methods are standardized whenever possible to ensure data comparability across regions; (3) securely store and maintain information in the Data Repository; (4) make information in the Data Repository accessible through an Internet website or other appropriate means of sharing information; and (5) ensure that the information contained in the Data Repository is accessible to members of the public, marine disease researchers, and persons responding to marine disease emergencies. 7. Marine Disease Emergency for Sea Star Wasting Syndrome (a) In General The marine mortality event affecting species of sea stars commonly referred to as sea star wasting syndrome is deemed to be a marine disease emergency declared by the Secretary under section 3(b). Beginning on the effective date of this section, the Secretary shall immediately carry out the activities described in subsections (d) and (e) of section 3 with respect to such marine disease emergency. (b) Effective Date This section shall take effect on the date that is 180 days after the date of the enactment of this Act. 8. Authorization of Appropriations There is authorized to be appropriated to carry out this Act $15,000,000 for each of the fiscal years 2015 through 2020.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5546ih/xml/BILLS-113hr5546ih.xml
|
113-hr-5547
|
I 113th CONGRESS 2d Session H. R. 5547 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Cartwright (for himself and Mr. Michaud ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To ensure that Medicaid beneficiaries have the opportunity to receive care in a home and community-based setting.
1. Short title This Act may be cited as the Community Integration Act of 2014 . 2. Findings Congress finds the following: (1) The Supreme Court's 1999 decision in Olmstead v. L.C., 527 U.S. 581 (1999), held that the unnecessary segregation of individuals with disabilities is a violation of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ). (2) Under Olmstead, individuals generally have the right to receive their supports and services in home and community-based settings, rather than in institutional settings, if they so choose. (3) Olmstead envisioned that States would provide appropriate long-term services and supports to individuals with disabilities through home and community-based services and end forced segregation in nursing homes and other institutions. (4) While there has been progress in rebalancing State spending on individuals with disabilities in institutions as compared to home and community-based settings, more than 75 percent of States continue to spend the majority of their long-term care dollars on nursing homes and other institutional settings, and the number of individuals with disabilities under age 65 in nursing homes increased between 2008 and 2012. (5) As of June 2013, there were more than 200,000 individuals younger than age 65 in nursing homes—almost 16 percent of the total nursing home population. (6) Thirty-eight studies published from 2005 to 2012 concluded that providing services in home and community-based settings is less costly than providing care in a nursing home or other institutional setting. (7) No clear or centralized reporting system exists to compare how effectively States are meeting the Olmstead mandate. 3. Ensuring Medicaid beneficiaries may elect to receive care in a home and community-based setting (a) In general Section 1902(a) of the Social Security Act ( 42 U.S.C. 1396a(a) ) is amended— (1) in paragraph (80), by striking and at the end; (2) in paragraph (81), by striking the period and inserting ; and ; and (3) by inserting after paragraph (81) the following new paragraph: (82) in the case of any individual with respect to whom there has been a determination that the individual requires the level of care provided in a nursing facility, intermediate care facility for the mentally retarded, institution for mental disease, or other similarly restrictive or institutional setting— (A) provide the individual with the choice and opportunity to receive such care in a home and community-based setting, including rehabilitative services, assistance and support in accomplishing activities of daily living, instrumental activities of daily living, and health-related tasks, and assistance in acquiring, maintaining, or enhancing skills necessary to accomplish such activities, tasks, or services; (B) ensure that each such individual has an equal opportunity (when compared to the receipt and availability of nursing facility services) to receive care in a home and community-based setting, if the individual so chooses, by ensuring that the provision of such care in a home and community-based setting is widely available on a statewide basis for all such individuals within the State; and (C) meet the requirements of section 1904A (relating to the provision of care in a home and community-based setting). . (b) Requirements for community care options Title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) is amended by inserting after section 1904 the following new section: 1904A. Provisions related to home and community-based care (a) Definitions For purposes of this section, section 1902(a)(82), and section 1905(a)(4)(A): (1) Activities of daily living The term activities of daily living includes, but is not limited to, tasks such as eating, toileting, grooming, dressing, bathing, and transferring. (2) Health-related tasks The term health-related tasks means specific tasks related to the needs of an individual, including, but not limited to, bowel or bladder care, wound care, use and care of ventilators and feeding tubes, and the administration of medications and injections, which, in the opinion of the individual's physician, can be delegated to be performed by an attendant. (3) Home and community-based setting The term home and community-based setting means, with respect to an individual who requires a level of care provided in a nursing facility, intermediate care facility for the mentally retarded, institution for mental disease, or other similarly restrictive or institutional setting, a setting that— (A) includes a house, apartment, townhouse, condominium, or similar public or private housing where the individual resides that— (i) is owned or leased by the individual or a member of the individual’s family; (ii) ensures the individual’s privacy, dignity, respect, and freedom from coercion; and (iii) maximizes the individual’s autonomy and independence; (B) is integrated in, and provides access to, the general community in which the setting is located so that the individual has access to the community and opportunities to seek employment and work in competitive integrated settings, participate in community life, control and utilize personal resources, benefit from community services, and participate in the community in an overall manner that is comparable to that available to individuals who are not individuals with disabilities; and (C) has the services and supports that the individual needs in order to live as independently as possible. (4) Instrumental activities of daily living The term instrumental activities of daily living means activities related to living independently in the community and includes, but is not limited to, meal planning and preparation, managing finances, shopping for food, clothing, and other items, performing household chores, communicating by phone or other media, and traveling around and participating in the community. (5) Public entity The term public entity means a public entity as defined in subparagraphs (A) and (B) of section 201(1) of the Americans with Disabilities Act of 1990. (b) Requirements for providing services in home and community-Based settings With respect to the availability and provision of services under the State plan under this title, or under any waiver of State plan requirements (subject to section 3(d) of the Community Integration Act of 2014 ), in a home and community-based setting to any individual who requires a level of care provided in a nursing facility, intermediate care facility for the mentally retarded, institution for mental disease, or other similarly restrictive or institutional setting, any public entity that receives payment under the State plan or waiver for providing services to such an individual shall not— (1) impose or utilize policies, practices, or procedures, such as unnecessary requirements or arbitrary service or cost caps, that limit the availability of services in home and community-based settings to an individual with a disability (including individuals with the most significant disabilities) who need such services; (2) impose or utilize policies, practices, or procedures that limit the availability of services in a home and community-based setting (including assistance and support in accomplishing activities of daily living, instrumental activities of daily living, health-related tasks, and rehabilitative services) based on the specific disability of an otherwise eligible individual; (3) impose or utilize policies, practices, or procedures that arbitrarily restrict an individual with a disability from full and meaningful participation in community life; (4) impose or utilize policies, practices, or procedures that unnecessarily delay or restrict the provision of services in a home and community-based setting to any individual who requires such services; (5) fail to establish and utilize adequate payment structures to maintain a sufficient workforce to provide services in home and community-based settings to any individual who requires such services; (6) fail to provide information, on an ongoing basis, to help any individual who receives care in a nursing facility, intermediate care facility for the mentally retarded, institution for mental disease, or other similarly restrictive or institutional setting, understand the individual's right to choose to receive such care in a home and community-based setting; or (7) fail to provide information to help any individual that requires the level of care provided in a nursing facility, intermediate care facility for the mentally retarded, institution for mental disease, or other similarly restrictive or institutional setting, prior to the individual's placement in such a facility or institution, understand the individual's right to choose to receive such care in a home and community-based setting. (c) Plan To increase affordable and accessible housing Not later than 180 days after the enactment of this section, each State shall develop a statewide plan to increase the availability of affordable and accessible private and public housing stock for individuals with disabilities (including accessible housing for individuals with physical disabilities and those using mobility devices). (d) Availability of remedies and procedures (1) In general The remedies and procedures set forth in sections 203 and 505 of the Americans with Disabilities Act of 1990 shall be available to any person aggrieved by the failure of— (A) a State to comply with this section or section 1902(a)(82); or (B) a public entity (including a State) to comply with the requirements of subsection (b). (2) Rule of construction Nothing in paragraph (1) shall be construed to limit any remedy or right of action that otherwise is available to an aggrieved person under this title. (e) Enforcement by the Secretary (1) In general The Secretary may reduce the Federal matching assistance percentage applicable to the State (as determined under section 1905(b)) if the Secretary determines that the State has violated the requirements of subsection (b). (2) Rule of construction Nothing in paragraph (1) shall be construed to limit any remedy or right of action that is otherwise available to the Secretary. (f) Reporting requirements With respect to fiscal year 2016, and for each fiscal year thereafter, each State shall submit to the Administrator of the Administration for Community Living of the Department of Health and Human Services, not later than April 1 of the succeeding fiscal year, a report, in such form and manner as the Secretary shall require, that includes— (1) the total number of individuals enrolled in the State plan or under a waiver of the plan during such fiscal year that required the level of care provided in a nursing facility, intermediate care facility for the mentally retarded, institution for mental disease, or other similarly restrictive or institutional setting, disaggregated by the type of facility or setting; (2) with respect to the total number described in paragraph (1), the total number of individuals described in that paragraph who received care in a nursing facility, intermediate care facility for the mentally retarded, institution for mental disease, or other similarly restrictive or institutional setting, disaggregated by the type of facility or setting; and (3) with respect to the total number described in paragraph (2), the total number of individuals described in that paragraph who were transitioned from a nursing facility, intermediate care facility for the mentally retarded, institution for mental disease, or other similarly restrictive or institutional setting to a home and community-based setting, disaggregated by the type of home and community-based setting. . (c) Inclusion as a mandatory service Section 1905(a)(4)(A) of the Social Security Act ( 42 U.S.C. 1396d(a)(4)(A) ) is amended by striking other than and inserting including similar services such as rehabilitative services and assistance and support in accomplishing activities of daily living, instrumental activities of daily living, and health-related tasks, that are provided, at the individual's option, in a home and community-based setting (as defined in section 1904A(a)(3)), but not including . (d) Application to waivers Notwithstanding section 1904A of the Social Security Act (as added by subsection (b)), such section, and sections 1902(a)(82), and 1905(a)(4)(A) of the Social Security Act ( 42 U.S.C. 1396 et seq. ), as amended by subsections (a) and (c), respectively, shall not apply to any individuals who are eligible for medical assistance for home and community-based services under a waiver under section 1115 or 1915 of the Social Security Act ( 42 U.S.C. 1315 , 1396n) and who are receiving such services, to the extent such sections (as so added or amended) are inconsistent with any such waiver. (e) Effective date (1) In general Except as provided in paragraph (2), the amendments made by this section shall take effect on October 1, 2014. (2) Delay permitted if State legislation required In the case of a State plan under section 1902 of the Social Security Act ( 42 U.S.C. 1396a ) 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 section 1902 solely on the basis of the failure of the plan to meet such additional requirements before the 1st day of the 1st calendar quarter beginning after the close of the 1st regular session of the State legislature that 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.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5547ih/xml/BILLS-113hr5547ih.xml
|
113-hr-5548
|
I 113th CONGRESS 2d Session H. R. 5548 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Cartwright introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Science, Space, and Technology , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for the establishment of clean technology consortia to enhance the economic, environmental, and energy security of the United States by promoting domestic development, manufacture, and deployment of clean technologies, and for other purposes.
1. Short title This Act may be cited as the Consortia-Led Energy and Advanced Manufacturing Networks Act . 2. Definitions In this Act: (1) Clean technology The term clean technology means a technology, production process, or methodology that— (A) produces energy from solar, wind, geothermal, biomass, tidal, wave, ocean, or another renewable energy source (as defined in section 609 of the Public Utility Regulatory Policies Act of 1978 ( 7 U.S.C. 918c )); (B) more efficiently transmits, distributes, or stores energy; (C) enhances energy efficiency for buildings and industry, including combined heat and power; (D) enables the development of a Smart Grid (as described in section 1301 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17381 )), including integration of renewable energy sources and distributed generation, demand response, demand side management, and systems analysis; (E) produces an advanced or sustainable material with energy or energy efficiency applications; (F) improves energy efficiency for transportation, including electric vehicles; (G) enhances water security through improved water management, conservation, distribution, or end use applications; or (H) addresses challenges in advanced manufacturing and supply chain integration related to a technology, production process, or methodology described in subparagraphs (A) through (G). (2) Advanced manufacturing The term advanced manufacturing — (A) means a family of activities that— (i) depend on the use and coordination of information, automation, computation, software, sensing, and networking; or (ii) make use of cutting edge materials and emerging capabilities enabled by the physical or biological sciences, including nanotechnology, chemistry, and biology; and (B) includes both new ways to manufacture existing products and the manufacture of new products emerging from new advanced technologies. (3) Cluster The term cluster means a network of entities directly involved in the research, development, finance, and commercial application of clean technologies and advanced manufacturing whose geographic proximity facilitates the use and sharing of skilled human resources, infrastructure, research facilities, educational and training institutions, venture capital, and input suppliers. (4) Consortium The term consortium means a clean technology consortium established in accordance with this Act. (5) Project The term project means an activity with respect to which a consortium provides support under this Act. (6) Qualifying entity The term qualifying entity means— (A) a research university; (B) a Federal or State institution with a focus on developing clean technologies or clusters; or (C) a nongovernmental organization with expertise in translational research, clean technology, or cluster development. (7) Secretary The term Secretary means the Secretary of Commerce. (8) Translational research The term translational research means the coordination of basic or applied research with technical applications to enable promising discoveries or inventions to achieve commercial application. 3. Establishment of clean technology consortia program (a) In general The Secretary shall establish and carry out a program to establish clean technology consortia to enhance the economic, environmental, and energy security of the United States by promoting domestic development, manufacture, and deployment of clean, state-of-the-art technologies. (b) Program The Secretary shall carry out the program established under subsection (a) by leveraging the expertise and resources of private research communities, institutions of higher education, industry, venture capital, National Laboratories (as defined in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 )), and other participants in technology innovation— (1) to support collaborative, cross-disciplinary research and development in clean technologies and advanced manufacturing; and (2) to develop and accelerate the commercial application of innovative clean technologies. (c) Role of the Secretary The Secretary shall— (1) carry out and oversee all aspects of the program established under subsection (a); (2) select recipients of grants for the establishment and operation of consortia through a competitive selection process; and (3) coordinate the innovation activities of consortia with activities carried out by the Secretary of Energy, the Secretary of Defense, other Federal agency heads, industry, and institutions of higher education, including by annually— (A) issuing guidance regarding national clean technology development priorities and strategic objectives; and (B) convening a conference relating to clean technology, which shall bring together representatives of Federal agencies, industry, institutions of higher education, and other entities to share research and commercialization results, program plans, and opportunities for collaboration. (d) Role of consortia The consortia shall— (1) promote new innovative clean technologies that have demonstrated interest and potential for commercialization; (2) expand advanced manufacturing capabilities, networks, supply chains, and assets, in the area of clean technologies, that contribute to regional and national manufacturing competitiveness and potential for growth; (3) promote job creation and entrepreneurship through the establishment of new companies, the expansion of existing companies, and commercialization of clean technologies; (4) provide technical or financial assistance to companies looking to invest in clean technologies, new products or services, or enhanced processes that will grow sales and jobs; (5) determine opportunities and challenges that companies are facing and how to improve their use or production of clean technologies; (6) equip individual small- and medium-sized enterprises with the capacity and agility to change through the adoption and utilization of new clean technologies and related business practices; (7) accelerate investment in and deployment of clean technologies through public-private partnerships; (8) encourage partnering between and among emerging and established clean technology and advanced manufacturing enterprises; and (9) demonstrate a comprehensive and successful model for commercialization of clean technologies for promotion and emulation. 4. Applications (a) In general To receive a grant under this Act, a consortium shall submit to the Secretary an application in such manner, at such time, and containing such information as the Secretary determines to be necessary. (b) Eligibility A consortium shall be eligible to receive a grant under this Act if— (1) the consortium consists of— (A) 1 or more research universities that can demonstrate a significant annual clean technology research budget, entrepreneurial support programs, and technology licensing expertise; and (B) a total of 5 or more qualifying entities that can demonstrate expertise in translational research, clean technology, and cluster development; (2) the members of the consortium have established a binding agreement that documents— (A) the structure of the partnership agreement; (B) a governance and management structure that enables cost-effective implementation of the program; (C) a conflicts-of-interest policy, including procedures, consistent with those of the Department of Commerce, to ensure that employees and designees for consortium activities who are in decisionmaking capacities disclose all material conflicts of interest, including financial, organizational, and personal conflicts of interest; (D) an accounting structure that meets the requirements of the Secretary and that may be audited under this Act; and (E) the existence of an external advisory committee; (3) the consortium receives funding from non-Federal sources, such as a State and participants of the consortium, that may be used to support projects; (4) the consortium is part of an existing cluster or demonstrates high potential to develop a new cluster; and (5) the consortium operates as a nonprofit organization or as a public-private partnership under an operating agreement led by a nonprofit organization. (c) Disqualification The Secretary may disqualify an application from a consortium under this Act if the Secretary determines that the conflicts-of-interest policy of the consortium is inadequate. (d) External advisory committees (1) In general To be eligible to receive a grant under this Act, a consortium shall establish an external advisory committee, the members of which shall have extensive and relevant scientific, technical, industry, financial, or research management expertise. (2) Duties An external advisory committee shall— (A) review the proposed plans, programs, project selection criteria, and projects of the consortium; and (B) ensure that projects selected by the consortium meet the applicable conflicts-of-interest policy of the consortium. (3) Members An external advisory committee shall consist of— (A) representatives of the members of the consortium; and (B) such representatives of industry, including entrepreneurs and venture capitalists, as the members of the consortium determine to be necessary. (4) Secretary as member The Secretary shall join the external advisory committee of a consortium that receives a grant under this Act. 5. Grants (a) In general The Secretary shall award grants, on a competitive basis, to 6 or more consortia. (b) Terms (1) In general The initial term of a grant awarded under this Act shall not exceed 5 years. (2) Extension The Secretary may extend the term of a grant awarded under this Act for a period of not more than 5 additional years. (c) Amounts (1) In general A grant awarded to a consortium under this Act shall not exceed the lesser of— (A) $30,000,000 per fiscal year; or (B) the collective contributions of non-Federal entities to the consortium, as described under section 4(b)(3). (2) Flexibility In determining the amount of a grant under this section, the Secretary shall consider— (A) the translational research capacity of the consortium; (B) the financial, human, and facility resources of the qualifying entities; and (C) the cluster of which the consortium is a part. (3) Increases in amounts Subject to paragraph (1), a consortium may request an increase in the amount of a grant awarded under this Act at the time the consortium requests an extension of an initial grant. (d) Use of amounts (1) In general Subject to paragraph (3), a consortium awarded a grant under this Act shall use the amounts to support translational research, technology development, manufacturing innovation, and commercialization activities relating to clean technology. (2) Project selection As a condition of receiving a grant under this Act, a consortium shall— (A) develop and make available to the public on the Web site of the Department of Commerce proposed plans, programs, project selection criteria, and terms for individual project awards; (B) establish policies— (i) to prevent resources provided to the consortium from being used to displace private sector investment otherwise likely to occur, including investment from private sector entities that are members of the consortium; (ii) to facilitate the participation of private entities that invest in clean technologies to perform due diligence on award proposals, to participate in the award review process, and to provide guidance to projects supported by the consortium; and (iii) to facilitate the participation of parties with a demonstrated history of commercial application of clean technologies in the development of consortium projects; (C) oversee project solicitations, review proposed projects, and select projects for awards; and (D) monitor project implementation. (3) Limitations (A) Administrative expenses A consortium may use not more than 10 percent of the amounts awarded to the consortium for administrative expenses. (B) Prohibition on use A consortium may not use any amounts awarded to the consortium under this Act to construct a new building or facility. (e) Audits (1) In general A consortium that receives a grant under this Act shall carry out, in accordance with such requirements as the Secretary may prescribe, an annual audit to determine whether the grant has been used in accordance with this Act. (2) Report The consortium shall submit a copy of each audit under paragraph (1) to the Secretary and the Comptroller General of the United States. (3) GAO review As a condition of receiving a grant under this Act, a consortium shall allow the Comptroller General of the United States, on the request of the Comptroller General, full access to the books, records, and personnel of consortium. (4) Reports to Congress The Secretary shall submit to Congress annually a report that includes— (A) a copy of each audit carried out under paragraph (1); and (B) any recommendations of the Secretary relating to the clean technology consortia program. (f) Revocation of awards The Secretary shall have the authority— (1) to review grants awarded under this Act; and (2) to revoke a grant awarded under this Act if the Secretary determines that a consortium has used the grant in a manner that is not consistent with this Act. (g) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $100,000,000.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5548ih/xml/BILLS-113hr5548ih.xml
|
113-hr-5549
|
I 113th CONGRESS 2d Session H. R. 5549 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Doggett introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code to include in income the unrepatriated earnings of groups that include an inverted corporation.
1. Short title This Act may be cited as the Pay What You Owe Before You Go Act . 2. Recapture of unrepatriated earnings of groups including an inverted corporation (a) In general Section 7874 of the Internal Revenue Code of 1986 is amended by redesignating subsection (g) as subsection (h) and by inserting after subsection (f) the following new subsection: (g) Recapture of tax on unrepatriated earnings (1) In general The subpart F income of any applicable controlled foreign corporation for its last taxable year ending before the acquisition date shall be increased by the accumulated deferred foreign income of the corporation. (2) Applicable controlled foreign corporation For purposes of this subsection— (A) In general The term applicable controlled foreign corporation means any controlled foreign corporation with respect to which— (i) a covered entity was a United States shareholder at any time during the 5-year period ending on the acquisition date, or (ii) a member of the same expanded affiliated group as a covered entity was a United States shareholder at any time during the 5-year period ending on the acquisition date. (B) Covered entity The term covered entity means, with respect to a controlled foreign corporation, any entity which— (i) is treated as a surrogate foreign corporation under subsection (a)(2)(B), determined— (I) by substituting September 18, 2014 for March 4, 2003 each place it appears, (II) by substituting more than 50 percent for at least 60 percent in clause (ii) thereof, and (III) by disregarding clause (iii) thereof, and (ii) is not treated as a domestic corporation by reason of subsection (b). (3) Accumulated deferred foreign income For purposes of this section— (A) In general The term accumulated deferred foreign income means the excess of— (i) the undistributed earnings of the controlled foreign corporation, over (ii) the undistributed U.S. earnings of such controlled foreign corporation. (B) Undistributed earnings The term undistributed earnings means the earnings and profits of the controlled foreign corporation described in section 959(c)(3), determined— (i) as of the close of the taxable year described in paragraph (1), (ii) without diminution by reason of distributions made during such taxable year, and (iii) without regard to this subsection. For purposes of this chapter, any determination with respect to the treatment of distributions described in clause (ii) shall be made after the application of this subsection to the earnings and profits described in the matter preceding clause (i). (C) Undistributed U.S. earnings The term undistributed U.S. earnings has the meaning given the term post-1986 undistributed U.S. earnings in section 245(a)(5), determined— (i) as of the close of the taxable year described in paragraph (1), and (ii) without regard to post-1986 each place it appears in the matter before subparagraph (A). (4) Acquisition date For purposes of this section, the term acquisition date means the date the covered entity completes the acquisition described in subsection (a)(2)(B)(i) (after the application of paragraph (2)(B)(i) of this subsection). . (b) Effective date The amendments made by this section shall apply with respect to taxable years ending after September 18, 2014.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5549ih/xml/BILLS-113hr5549ih.xml
|
113-hr-5550
|
I 113th CONGRESS 2d Session H. R. 5550 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Ms. Jackson Lee introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide for a reduction in the amount that may be awarded to a unit of local government under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3750 et seq. ) for a unit of local government that funds an amount that is greater than 18 percent of its operating budget using revenue generated from collecting fines and other fees related to violations of traffic laws, and for other purposes.
1. Short title This Act may be cited as the The Urban and Municipal Justice Act of 2014 or the Justice Act . 2. Findings Congress finds the following: (1) The growing trend of local units of government using traffic fines and traffic court fees and costs as revenue generators promotes unfair, excessive targeting of citizens by law enforcement agents, infringes on civil liberties, and promotes reliance on unpredictable revenue sources. (2) The growing trend of local units of government using traffic fines and traffic court fees and costs as revenue generators has the potential to breed public cynicism and distrust of local law enforcement agencies, and to lessen public confidence that the laws are being enforced impartially and the criminal justice system is administered equally. 3. Reduction in grant funding for units of local government (a) Collection of fines for violations of traffic laws Except as provided in subsection (b), a unit of local government which, during the previous 3 fiscal years, funded an amount that, on average, was greater than 18 percent of its operating budget using revenue generated from collecting fines and other fees related to violations of traffic laws, shall, in the case of a unit of local government receiving grant funds under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3750 et seq. ), receive only 25 percent of the grant award that would have otherwise been awarded to that unit of local government under such subpart. (b) Disproportionate racial composition of law enforcement agencies In the case of a unit of local government described in subsection (a) for which, during the previous fiscal year, the percentage of individuals who identify as a race who were employees of the law enforcement agency for that unit of local government, and the percentage of individuals who identify as that race who live in the jurisdiction which that law enforcement agency serves, differs by greater than 30 percent, the unit of local government shall receive only 5 percent of the grant award that would have otherwise been awarded to that unit of local government under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3750 et seq. ). (c) Obligation of States A State that receives a grant award under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3750 et seq. ), which does not reduce a subgrant award made under such grant to a unit of local government in its jurisdiction in accordance with this section, shall, in the succeeding fiscal year, receive only 50 percent of the grant award that would have otherwise been awarded to that State under such subpart. (d) Reallocation Any funds withheld from a State or unit of local government from a direct grant award by the Attorney General shall be reallocated in accordance with subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3750 et seq. ).
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5550ih/xml/BILLS-113hr5550ih.xml
|
113-hr-5551
|
I 113th CONGRESS 2d Session H. R. 5551 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mrs. Bachmann (for herself, Mr. Huelskamp , Mr. Harris , Mr. Pearce , Mr. Brady of Texas , Mr. Pitts , Mr. Long , Mr. Gibbs , Mr. Huizenga of Michigan , Mr. Latta , and Mr. Johnson of Ohio ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To ensure that women seeking an abortion receive an ultrasound and an opportunity to review the ultrasound before giving informed consent to receive an abortion.
1. Short title This Act may be cited as the Heartbeat Informed Consent Act . 2. Findings The Congress finds as follows: (1) The presence of a heartbeat in a woman’s unborn child will be a material consideration to many women contemplating abortion. (2) The presence of a heartbeat in a woman’s unborn child is a developmental fact that illustrates to the woman that her baby is already alive. (3) On about the 21st or 22nd day after fertilization (which is about 5 weeks from the first day of the last menstrual period) the heart of an unborn child begins to beat. (4) The heartbeat of an unborn child can be visually detected at an early stage of pregnancy using an ultrasound machine, typically, at 4 to 4.5 weeks after fertilization (6 to 6.5 weeks from the first day of the last menstrual period) on transvaginal ultrasound, and at 5.5 to 6 weeks after fertilization (7.5 to 8 weeks from the first day of the last menstrual period) on transabdominal ultrasound. (5) The heartbeat of an unborn child can be made audible at later stages, including by using a handheld Doppler fetal monitor. (6) Less than five percent of all natural pregnancies end in spontaneous miscarriage after detection of cardiac activity. A fetal heartbeat is therefore a key medical indicator that an unborn child is likely to achieve the capacity for live birth. (7) The observation of a heartbeat in a woman’s unborn child, when a heartbeat has been detected, is an important component of full informed consent. (8) Ensuring full informed consent for an abortion is imperative, because of the profound physical and psychological risks of an abortion. As the Supreme Court has observed, [t]he medical, emotional, and psychological consequences of an abortion are serious and can be lasting. H.L. v. Matheson, 450 U.S. 398, 411 (1981). The woman’s decision whether to abort is an important, and often a stressful one, and it is desirable and imperative that it be made with full knowledge of its nature and consequences. Planned Parenthood v. Danforth, 428 U.S. 52, 67 (1976). Whether to have an abortion requires a difficult and painful moral decision, in which some women come to regret their choice to abort the infant life they once created and sustained, and [s]evere depression and loss of esteem can follow … The State has an interest in ensuring so grave a choice is well informed. It is self-evident that a mother who comes to regret her choice to abort must struggle with grief more anguished and sorrow more profound when she learns, only after the event, what she once did not know … Gonzales v. Carhart, 550 U.S. 124, 159–160 (2007). (9) Requiring providers to give a woman an opportunity to observe her unborn child’s heartbeat is constitutionally permissible, and the ultrasound image of an unborn child is truthful, nonmisleading information. In attempting to ensure that a woman apprehend the full consequences of her decision, the State furthers the legitimate purpose of reducing the risk that a woman may elect an abortion, only to discover later, with devastating psychological consequences, that her decision was not fully informed. If the information the State requires to be made available to the woman is truthful and not misleading, the requirement may be permissible. (Opinion of O’Connor, Kennedy, and Souter, Planned Parenthood v. Casey, 505 U.S. 833, 882 (1992)). (10) Further, recent research, taking into account 22 studies with control groups and more than 877,000 women over a 14-year period, finds that women who have had an abortion have an 81 percent increased risk for mental health problems and 10 percent of the mental health problems of women who have had an abortion are directly attributed to abortion. 3. Amendment to the public health service act The Public Health Service Act ( 42 U.S.C. 201 et seq. ) is amended by adding at the end the following: XXXIV INFORMED CONSENT 3401. Definitions In this title: (1) Abortion The term abortion means the intentional use or prescription of any instrument, medicine, drug, or any other substance, device, or method to terminate the life of an unborn child, or to terminate the pregnancy of a woman known to be pregnant, with an intention other than— (A) to produce a live birth and preserve the life and health of the child after live birth; or (B) to remove an ectopic pregnancy, or to remove a dead unborn child who died as the result of a spontaneous abortion, accidental trauma, or a criminal assault on the pregnant female or her unborn child. (2) Abortion provider The term abortion provider means any person legally qualified to perform an abortion under applicable Federal and State laws. (3) Embryonic or fetal heartbeat The term embryonic or fetal heartbeat means embryonic or fetal cardiac activity or the steady and repetitive rhythmic contraction of the embryonic or fetal heart. (4) Qualified agent The term qualified agent means— (A) a registered diagnostic medical sonographer who is certified in obstetrics and gynecology by the American Registry for Diagnostic Medical Sonography (ARDMS); (B) a nurse midwife, or an advanced practice nurse practitioner in obstetrics, with certification in obstetrical ultrasonography; or (C) any other agent of an abortion provider who has received training in obstetrical ultrasonography. (5) Unborn child The term unborn child means a member of the species homo sapiens, at any stage of development prior to birth. (6) Unemancipated minor The term unemancipated minor means a minor who is subject to the control, authority, and supervision of his or her parents or guardians, as determined under the law of the State in which the minor resides. (7) Woman The term woman means a female human being whether or not she has reached the age of majority. 3402. Requirement of informed consent (a) Requirement of Compliance by Providers Any abortion provider in or affecting interstate or foreign commerce, who knowingly performs any abortion, shall comply with the requirements of this title. (b) Performance and Review of Ultrasound (1) Requirement If an ultrasound is performed on a woman by an abortion provider (or the provider's agent) prior to having any part of an abortion performed, the abortion provider (acting directly or through the provider’s agent) shall— (A) ensure that any agent of the provider performing the ultrasound is a qualified agent; (B) during the performance of the ultrasound, display the ultrasound images (as described in paragraph (2)) so that the pregnant woman may view the images; and (C) provide a medical description of the ultrasound images of the unborn child’s cardiac activity, if present and viewable. (2) Quality of ultrasound images To be displayed in accordance with paragraph (1)(B), ultrasound images shall— (A) be of a quality consistent with standard medical practice; (B) contain the dimensions of the unborn child; and (C) accurately portray the presence of external members and internal organs, if present. (3) Viewing images and listening to description This section may not be construed to be a requirement that the pregnant woman view the ultrasound images required to be displayed, or listen to the description of the images required to be given, by the provider or the provider’s agent pursuant to paragraph (1). (c) Audible embryonic or fetal heartbeat (1) Requirement Prior to a woman giving informed consent to having any part of an abortion performed, if the pregnancy is at least 8 weeks after fertilization (10 weeks from the first day of the last menstrual period), the abortion provider (acting directly or through the provider’s employee) shall, using a hand-held Doppler fetal monitor, make the embryonic or fetal heartbeat of the unborn child audible for the pregnant woman to hear. (2) Unsuccessful attempts at detecting heartbeat An abortion provider (or the provider’s employee) shall not be in violation of paragraph (1) if— (A) the provider (acting directly or through the provider’s employee) has attempted, consistent with standard medical practice, to make the embryonic or fetal heartbeat of the unborn child audible for the pregnant woman to hear using a hand-held Doppler fetal monitor; (B) that attempt does not result in the heartbeat being made audible; and (C) the provider has offered to attempt to make the heartbeat audible at a subsequent date. (3) Ability To Not Listen Nothing in this section shall be construed to prevent the pregnant woman from not listening to the sounds detected by the hand-held Doppler fetal monitor, pursuant to paragraph (1). 3403. Exception for medical emergencies (a) Exception The provisions of section 3402 shall not apply to an abortion provider in the case that the abortion is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself. (b) Certification (1) In general Upon a determination by an abortion provider under subsection (a) that an abortion is necessary to save the life of a mother, such provider shall certify the specific medical conditions that support such determination and include such certification in the medical file of the pregnant woman. The certification shall be kept by the abortion provider for a period of not less than 5 years. If the female is a minor, then the certification shall be placed in the medical file of the minor and kept for at least 5 years after the minor reaches the age of majority. (2) False statements An abortion provider who knowingly or recklessly falsifies a certification under paragraph (1) is deemed to have knowingly or recklessly failed to comply with this title for purposes of section 3404. 3404. Penalties (a) In General An abortion provider who knowingly or recklessly fails to comply with any provision of this title shall be subject to civil penalties in accordance with this section in an appropriate Federal court. (b) Commencement of Action The Attorney General may commence a civil action under this section. (c) First offense Upon a finding by a court that a respondent in an action commenced under this section has knowingly or recklessly violated a provision of this title, the court shall notify the appropriate State medical licensing authority and shall assess a civil penalty against the respondent in an amount not to exceed $100,000 for each such violation. (d) Second and subsequent offenses Upon a finding by a court that the respondent in an action commenced under this section has knowingly or recklessly violated a provision of this title, the court shall notify the appropriate State medical licensing authority and shall assess a civil penalty against the respondent in an amount not to exceed $250,000 for each such violation if the respondent has been found in a prior civil action to have knowingly or recklessly committed another violation of a provision of this title. (e) Private Right of Action A woman upon whom an abortion has been performed in violation of this title, or the parent or legal guardian of such a woman if she is an unemancipated minor, may commence a civil action against the abortion provider for any knowing or reckless violation of this title for actual and punitive damages. . 4. Preemption Nothing in this Act or the amendments made by this Act shall be construed to preempt any provision of State law to the extent that such State law establishes, implements, or continues in effect greater disclosure requirements regarding abortion than those provided under this Act and the amendments made by this Act. 5. Severability If any provision of this Act, an amendment by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act and the amendments made by this Act, and the application of the provisions of such remainder to any person or circumstance, shall not be affected thereby.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5551ih/xml/BILLS-113hr5551ih.xml
|
113-hr-5552
|
I 113th CONGRESS 2d Session H. R. 5552 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Barber (for himself, Mr. Pastor of Arizona , Mr. Grijalva , Mrs. Kirkpatrick , Ms. Sinema , and Mr. Schweikert ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To designate the United States Customs and Border Protection Port of Entry located at First Street and Pan American Avenue in Douglas, Arizona, as the Raul Hector Castro Port of Entry .
1. Raul Hector Castro Port of Entry (a) Designation The United States Customs and Border Protection Port of Entry located at First Street and Pan American Avenue in Douglas, Arizona, shall be known and designated as the Raul Hector Castro Port of Entry . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the port of entry referred to in subsection (a) shall be deemed to be a reference to the Raul Hector Castro Port of Entry .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5552ih/xml/BILLS-113hr5552ih.xml
|
113-hr-5553
|
I 113th CONGRESS 2d Session H. R. 5553 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mrs. Beatty (for herself and Mr. Heck of Washington ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To provide access to information and loan modifications for successors in interest, and for other purposes.
1. Short title This Act may be cited as the Preventing Improper Foreclosures Act of 2014 . 2. Access to information and loan modifications Section 341 of the Garn-St Germain Depository Institutions Act of 1982 ( 12 U.S.C. 1701j–3 ) is amended by adding at the end the following: (h) Access to information and loan modifications (1) In general In the case of a transfer described under paragraph (3), (5), (6), (7), (8), or (9) of subsection (d), a lender shall— (A) provide the successor homeowner with information about the mortgage loan, including the outstanding amount due, monthly payment, if any, and available loan modification options; and (B) with respect to a transfer involving a real property loan other than a reverse mortgage— (i) promptly evaluate the successor homeowner for a loan modification on the same terms as if the successor homeowner had been the original borrower and mortgagor; and (ii) perform such evaluation and offer any available loss mitigation prior to any assumption of the obligations under the note. (2) Rule of Construction Nothing in this subsection shall be construed to— (A) limit or interfere with the independent rights of a successor homeowner to assume a mortgage under State law; or (B) empower a lender to place any restrictions on the right of successor homeowners protected by subsection (d) to assume a mortgage. (3) Defense in foreclosure If a lender fails to comply with paragraph (1), such failure may be asserted as a defense to any judicial or non-judicial foreclosure. (4) Recovery of statutory damages, actual damages, and costs In any successful action brought by a successor homeowner under this subsection, the homeowner shall be entitled to recover statutory damages not to exceed $1,000 per violation, actual damages, costs, and attorneys fees. . 3. Protection of home equity conversion mortgagors (a) Safeguard To prevent displacement of homeowner Subsection (j) of section 255 of the National Housing Act ( 12 U.S.C. 1715z–20(j) ) is amended— (1) in the first sentence by striking the homeowner’s obligation to satisfy the loan obligation is deferred until the homeowner’s death and inserting maturity of the loan obligation is deferred until the death of the homeowner and the homeowner’s spouse, the permanent relocation of the homeowner and the homeowner’s spouse ; and (2) by striking the second sentence. (b) Sale terms of eligible mortgages Paragraph (7) of section 255(d) of the National Housing Act ( 12 U.S.C. 1715z–20(d)(7) ) is amended— (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and realigning such subparagraphs, as so redesignated, so as to be indented 6 ems from the left margin; and (2) by striking the matter that precedes clause (i) (as so redesignated by paragraph (1) of this subsection) and inserting the following: (7) (A) provide that— (i) the mortgagor may sell the dwelling that is subject to the mortgage for at least the lesser of the remaining balance on the mortgage or the appraised value of such dwelling; (ii) if the loan is due and payable, the mortgagor may sell the dwelling that is subject to the mortgage for the lesser of the remaining balance on the mortgage or the amount that is equal to 5 percent less than the appraised value of such dwelling; and (iii) upon the death of the mortgagor, the estate or heirs of the mortgagor may satisfy the loan obligation by paying the lesser of the remaining balance on the mortgage or the amount that is equal to 5 percent less than the appraised value of the dwelling that is subject to the mortgage; and (B) provide that the mortgagor, the estate of the mortgagor, or the heirs of the mortgagor shall not be liable for any difference between the amount of indebtedness under the mortgage and the amount recovered by the mortgagee from— .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5553ih/xml/BILLS-113hr5553ih.xml
|
113-hr-5554
|
I 113th CONGRESS 2d Session H. R. 5554 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Bishop of New York (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 permit distributions from 529 accounts for medical expenses of account owners who are veterans with disability ratings of greater than 50 percent.
1. Short title This Act may be cited as the Helping Wounded Warriors Cover Medical Expenses Act . 2. Distributions from 529 accounts for medical expenses of account owners who are veterans with disability ratings of greater than 50 percent (a) Exemption from 529 penalty Section 529(c)(6) of the Internal Revenue Code of 1986 is amended to read as follows: (6) Additional tax (A) In general The tax imposed by section 530(d)(4) shall apply to any payment or distribution from a qualified tuition program in the same manner as such tax applies to a payment or distribution from a Coverdell education savings account. This paragraph shall not apply to any payment or distribution in any taxable year beginning before January 1, 2004, which is includible in gross income but used for qualified higher education expenses of the designated beneficiary. (B) Exception Subparagraph (A) shall not apply to any payment or distribution from a qualified tuition program to the owner of an account under such program if— (i) at the time of such payment or distribution, the owner of such account is a veteran whom the Secretary of Veterans Affairs determines has a service-connected disability rated at 50 percent or more, and (ii) in lieu of using such payment or distribution for qualified higher education expenses, such payment or distribution is used for medical care (as defined in section 213(d)) for such owner. (C) Coordination with medical expense deduction For purposes of determining the amount of the deduction under section 213, any payment or distribution to which subparagraph (B) applies shall not be treated as an expense paid for medical care. . (b) Exclusion from income Section 72(e)(6) of the Internal Revenue Code of 1986 is amended to read as follows: (6) Extension of paragraph (2)(B) to qualified tuition programs and Coverdell education savings accounts (A) In general Notwithstanding any other provision of this subsection, paragraph (2)(B) shall apply to amounts received under a qualified tuition program (as defined in section 529(b)) or under a Coverdell education savings account (as defined in section 530(b)). The rule of paragraph (8)(B) shall apply for purposes of this paragraph. (B) Exception In the case of an amount received under a qualified tuition program (as defined in section 529(b)) which is not subject to the penalty under subparagraph (A) of section 529(c)(6) by reason of subparagraph (B) thereof— (i) subparagraph (A) of this paragraph shall not apply, and (ii) the amount received which, but for this subparagraph, would be treated as income on the contract shall be treated as investment in the contract. . (c) Effective date The amendments made by this section shall apply to payments and distributions after the date of the enactment of this Act.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5554ih/xml/BILLS-113hr5554ih.xml
|
113-hr-5555
|
I 113th CONGRESS 2d Session H. R. 5555 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mrs. Black (for herself and Mr. Poe of Texas ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To prohibit the Federal Government from requiring race or ethnicity to be disclosed in connection with the transfer of a firearm.
1. Short title This Act may be cited as the FIREARM Act . 2. Prohibition on the Federal Government to require race or ethnicity to be disclosed in connection with the transfer of a firearm The Federal Government may not require any person to disclose the race or ethnicity of the person in connection with the transfer of a firearm to the person.
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5555ih/xml/BILLS-113hr5555ih.xml
|
113-hr-5556
|
I 113th CONGRESS 2d Session H. R. 5556 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mrs. Black (for herself, Mr. David Scott of Georgia , Mrs. Blackburn , and Mr. Griffin of Arkansas ) 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 with respect to the treatment of patient encounters in ambulatory surgical centers in determining meaningful EHR use, and for other purposes.
1. Short title This Act may be cited as the Electronic Health Fairness Act of 2014 . 2. Findings Congress finds the following: (1) Ambulatory surgery centers were not covered under the provisions of the HITECH Act of 2009, which created certification standards and incentives for adopting electronic health record (EHR) technology in the physician office and hospital settings. (2) CMS defines a meaningful EHR user as an eligible professional having 50 percent or more of the professional’s outpatient encounters at practices or locations equipped with certified EHR technology. (3) Physicians with patient encounters in an ambulatory surgical center are at a disadvantage when attempting to meet meaningful use requirements because there currently is not certified EHR technology for such centers. (4) Until such time as EHR technology is certified specifically for use in the ambulatory surgical centers, patient encounters that occur in such a center should not be used when calculating whether an eligible professional meets meaningful use requirements, unless an eligible professional elects to include those encounters. 3. Treatment of patient encounters in ambulatory surgical centers in determining meaningful EHR use Section 1848(o)(2) of the Social Security Act ( 42 U.S.C. 1395w–4(o)(2) ) is amended by adding at the end of the following new subparagraph: (D) Treatment of patient encounters at ambulatory surgical centers (i) In general Subject to clause (ii), any patient encounter of an eligible professional occurring at an ambulatory surgical center (described in section 1832(i)(1)(A)) shall not be treated as a patient encounter in determining whether an eligible professional qualifies as a meaningful EHR user. (ii) Sunset Clause (i) shall no longer apply as of the first year that begins more than 3 years after the date the Secretary certifies EHR technology for the ambulatory surgical center setting. .
|
https://www.govinfo.gov/content/pkg/BILLS-113hr5556ih/xml/BILLS-113hr5556ih.xml
|
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.