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113-hr-5557
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I 113th CONGRESS 2d Session H. R. 5557 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mrs. Black introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To reform the verification and reporting processes for the health care premium and cost-sharing subsidies.
1. Short title This Act may be cited as the Streamlining Verification for Americans Act . 2. Findings Congress finds the following: (1) Employer reporting requirements under the Patient Protection and Affordable Care Act (Public Law 111–148) should strike the appropriate balance between sufficient reporting to enforce the law and protecting the privacy of individuals. (2) Protection of the privacy of the primary insured individual and each other individual covered under the policy, which should include minimizing the transmittal of social security numbers, should be a priority when implementing reporting requirements. 3. Improving the accuracy of exchange determinations of eligibility for premium assistance tax credits (a) In general If an employer provides prospective reporting for any calendar year under subsection (b), such employer shall be treated as making the return described in section 6056(b) of the Internal Revenue Code of 1986 for such year if such return contains, consistent with the requirements of subsection (c)(2), only information with respect to employees with respect to whom the employer has received a notification under section 1411(e)(4)(B)(iii) of the Patient Protection and Affordable Care Act (42 U.S.C. 18081(e)(4)(B)(iii)). If the preceding sentence applies to any employer for any calendar year, such employer shall be treated as furnishing the statements required under section 6056(c) of such Code, if the employer furnishes such statements to such employees with respect to the information included in the return made under the preceding sentence. (b) Prospective reporting Not later than 60 days after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of Health and Human Services, the Secretary of Labor, and the Administrator of the Small Business Administration, shall implement a reporting system under which an employer may elect to provide the following information with respect to a calendar year before the beginning of such year: (1) The name, date, and employer identification number of the employer. (2) A certification as to whether the employer offers to its full-time employees the opportunity to enroll in minimum essential coverage under an eligible employer-sponsored plan (as defined in section 5000A(f)(2) of the Internal Revenue Code of 1986) and whether the employer offers the spouses of such full-time employees the opportunity to enroll in such coverage. (3) The months during the year for which coverage is generally available to full-time employees. (4) A certification as to whether the coverage described in paragraph (2) satisfies the requirements to qualify for one of the affordability safe harbors promulgated by the Secretary of the Treasury for purposes of section 4980H of the Internal Revenue Code of 1986. (5) A certification as to whether an employee’s effective date of coverage is generally affected by a waiting period. (c) Requirements The reporting system established under subsection (b) shall provide for— (1) the processes necessary to ensure that Exchanges can access the information described in subsection (b) to assist in verifying eligibility determinations for advance payment of the premium tax credits under section 36B of the Internal Revenue Code of 1986 and the cost-sharing subsidies under section 1402 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071 ); and (2) guidance on how employers who voluntarily report in advance under this section could satisfy the report and statement requirements under subsections (b) and (c) of section 6056 of the Internal Revenue Code of 1986 by reporting only with respect to employees with respect to whom the employer has received a notification under section 1411(e)(4)(B)(iii) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18081(e)(4)(B)(iii) ). 4. Use of current year information in determining subsidy eligibility of applicants (a) In general Section 1412(b)(2) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18082(b)(2) ) is amended to read as follows: (2) Changes in circumstances The Secretary shall provide procedures for making advance determinations on the basis of information other than that described in paragraph (1)(B) upon the request of the individual. Such procedures shall include allowing an individual to have eligibility determined on the basis of household income for a later period or on the basis of the individual’s estimate of such income for the taxable year. . (b) Conforming amendment Section 1411(b)(3)(B) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18081(b)(3)(B) ) is amended to read as follows: (B) Changes in circumstance In the case of an individual with respect to whom section 1412(b)(2) applies, the information described in such section. . 5. Evaluating the development and utilization of systems for exchanges to notify employers of potential excise tax liability under the employer mandate Not later than 90 days after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study evaluating, with respect to the period beginning on October 1, 2013, and ending on the date of the enactment of this Act— (1) the notification of employers by Exchanges established under title I of the Patient Protection and Affordable Care Act that a full-time employee has been determined eligible for an advanced premium assistance tax credit, as required by subsection (e)(4)(B)(iii) of section 1411 of such Act ( 42 U.S.C. 18081 ); and (2) the extent to which the Secretary of Health and Human Services has established a separate appeals process for employers who have been notified that an employee has been determined eligible for an advanced premium assistance tax credit to challenge that eligibility determination, as required by subsection (f)(2) of such section. 6. Protecting dependent privacy (a) In general Paragraph (1) of section 6055(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following flush sentence: For purposes of subparagraph (B)(i), in the case of an individual other than the primary insured, if the person required to make the return does not collect or maintain information on the TINs of such individuals (other than for purposes of this section), the individual’s name and date of birth may be substituted for the individual’s name and TIN. . (b) Effective date The amendment made by this section shall apply to returns the due date for which is after December 31, 2013. 7. Electronic statements (a) Statements from employers Subsection (c) of section 6056 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (3) Electronic delivery The statement required to be furnished to any employee under paragraph (1) may be furnished to such employee electronically if such employee has consented to receive such statement electronically. For purposes of the preceding sentence, if an employee has consented, before the date of the enactment of this paragraph, to electronically receive, from the person furnishing such statement, other documents used in filing the employee’s return of tax, such employee shall be treated as having consented to receive such statement electronically unless such employee requests that such consent not apply to such statement. . (b) Statements from insurance providers Subsection (c) of section 6055 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (3) Electronic delivery The statement required to be furnished to any individual under paragraph (1) may be furnished to such individual electronically if such individual has consented to receive such statement electronically. For purposes of the preceding sentence, if an individual has consented, before the date of the enactment of this paragraph, to electronically receive, from the person furnishing such statement, other documents containing private health information, such individual shall be treated as having consented to receive such statement electronically unless such individual requests that such consent not apply to such statement. . (c) Effective date The amendments made by this section shall apply to statements the due date for which is after December 31, 2013. 8. Delaying provision of ACA premium and cost-sharing subsidies until eligibility verification process for such subsidies is complete (a) In general Notwithstanding any other provision of law, no premium tax credit under section 36B of the Internal Revenue Code of 1986 or reduced cost-sharing under section 1402 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071 ) shall be allowed with respect to any individual for any coverage month which begins after December 31, 2014, and before the date on which the process to verify, in accordance with section 1411 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18081 ), the estimated household income and coverage requirements of such individual for purposes of determining eligibility for, and the accurate amount of, such credit or reduction, respectively, has been completed. For purposes of the previous sentence, the verification process described in such sentence with respect to an individual shall not be treated as complete unless a manual or electronic review has been completed of applicable information required to be submitted by such individual under section 1411(b) of such Act (42 U.S.C. 18081(b)) and any inconsistency of such information with records of the Secretary of the Treasury, the Secretary of Homeland Security, or the Commissioner of Social Security has been resolved. (b) Treatment of individual mandate Notwithstanding any other provision of law, no penalty shall be imposed under section 5000A of the Internal Revenue Code of 1986 with respect to an individual for any month— (1) with respect to which such individual would (but for subsection (a)) be allowed a premium tax credit under section 36B of the Internal Revenue Code of 1986; and (2) which begins after December 31, 2014, and before the date on which the verification process described in subsection (a) has been completed, in accordance with such subsection, with respect to the eligibility of such individual for such credit.
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113-hr-5558
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I 113th CONGRESS 2d Session H. R. 5558 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mrs. Black (for herself and Mr. Welch ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to improve the Medicare accountable care organization (ACO) program, and for other purposes.
1. Short title This Act may be cited as the ACO Improvement Act of 2014 . 2. Medicare ACO program improvements (a) In general Section 1899 of the Social Security Act ( 42 U.S.C. 1395jjj ) is amended by adding at the end the following new subsection: (l) Improving outcomes through greater beneficiary engagement (1) Use of beneficiary incentives Subject to approval of the Secretary and in the case of an ACO that has elected a two-sided risk model (as provided for under regulations), the Secretary shall permit the ACO— (A) to reduce or eliminate cost-sharing otherwise applicable under part B for some or all primary care services (as identified by the ACO) furnished by health care professionals (including, as applicable, professionals furnishing services through a rural health clinic or Federally qualified health center) within the network of the ACO; and (B) to develop additional incentive programs to encourage patient engagement and participation in their own wellness. The cost of the such incentives shall be borne by the ACO and shall not affect the payments under subsection (d). (2) Fostering stronger patient-provider ties (A) Providing prospective assignment of beneficiaries (i) In general In carrying out subsection (c), the Secretary shall provide for a prospective assignment of Medicare fee-for-service beneficiaries before the beginning of a year to an ACO and primary care ACO professional in accordance with the practice under this section for Pioneer ACOs, subject to clause (ii). (ii) Changing primary care ACO professionals An ACO shall permit a beneficiary to select the primary care ACO professional within the ACO to which the beneficiary is assigned. (B) Inclusion of ACO information in welcome to medicare visit and annual wellness visits The Secretary shall require a primary care ACO professional to include, as part of the initial preventive physical examination under section 1861(ww)(1) or personalized prevention plan services under section 1861(hhh)(1) for a Medicare fee-for-service beneficiary assigned to that professional under this section, to provide the beneficiary with information concerning the ACO program under this section, including information on any cost-sharing reductions allowed under this section. (C) Stakeholder advisory group The Secretary shall form a stakeholder group, including representatives of ACOs, health care providers (including ACO professionals), Medicare beneficiaries, and ACO experts, to advise the Secretary with recommendations to improve the process of ACO-to-beneficiary communication. (3) Moving from volume to value (A) Regulatory relief for moving to two-sided risk In the case of an ACO that has elected a two-sided risk model (as described in paragraph (1)), in addition to the authority provided under paragraph (1), the Secretary shall provide the following regulatory relief: (i) 3-day prior hospitalization waiver for SNF services Waiver of the 3-day prior hospitalization requirement for coverage of skilled nursing facility services. (ii) Homebound requirement waiver for home health services Waiver of the homebound requirement for coverage of home health services. (iii) RAC hospital audit relief Relief from reviews of scheduled admissions by recovery audit contractors for individuals attributed to an ACO when admitted on orders of a physician participating in the ACO. (B) Improving care coordination through access to telehealth (i) Flexibility in furnishing telehealth services In applying section 1834(m) in the case of an ACO that has elected a two-sided risk model (as described in paragraph (1)), the ACO may elect to have the limitations on originating site (under paragraph (4)(C) of such section) and on the use of store-and-forward technologies (under paragraph (1) of such section) not apply. The previous sentence shall not be construed as affecting the authority of the Secretary under subsection (f) to waive other provisions of such section. (ii) Provision of remote monitoring in connection with home health services Nothing in this section shall be construed as preventing an ACO from including payments for remote patient monitoring and home-based video conferencing services in connection with the provision of home health services (under conditions for which payment for such services would not be made under section 1895 for such services) in a manner that is financially equivalent to the furnishing of a home health visit. (4) Establishing greater certainty for ACOs (A) Benchmarks and payments The Secretary shall conduct a demonstration project to test the use of payment benchmarks that take into account geographic area differences, such as differences in spending trends within and across regions, and variations in delivery and utilization based on the socioeconomic status of beneficiaries served. (B) Advance notification of ACOs of benchmarks and past performance The Secretary shall inform ACOs, in advance of each performance period, of the quality benchmarks applicable to the ACO and period and of the past performance (if any) of the ACO under this section. (C) Study and report on feasibility on providing electronic access to Medicare claims data The Secretary shall conduct a study regarding the feasibility of establishing a system of electronic access of providers of services and suppliers to in-process and complete patient claims data. Such system may be a modification of an existing data base, such as the Virtual Research Data Center. The study shall take into account the measures needed to ensure the security and privacy of beneficiary and provider information. Not later than one year after the date of the enactment of this Act, the Secretary shall submit to Congress a report on such study. The Secretary shall include in such report such recommendations as the Secretary deems appropriate. . (b) Requiring testing of global capitation payment model Section 1899(i) of the Social Security Act ( 42 U.S.C. 1395jjj(i) ) is amended— (1) in the heading, by striking Option to use other payment models and inserting Alternative payment models ; (2) in paragraph (1), by inserting before the period at the end the following: except that the Secretary shall, beginning no later than January 1, 2016, establish one or more demonstration programs to test the payment model described in paragraph (3)(A) ; and (3) in paragraph (3)(A), by striking is any payment model and inserting the following: (i) a global capitation model in which an ACO is at financial risk for all items and services covered under parts A and B; and (ii) any other payment model that the Secretary determines will improve the quality and efficiency of items and services furnished under this title. . (c) Assignment taking into account services of non-Physician practitioners Section 1899(c) of the Social Security Act ( 42 U.S.C. 1395jjj(c) ) is amended by inserting (or, in the case of an ACO that is located in a rural or medically underserved area or that is affiliated with a Federally qualified health center or rural health clinic, an ACO professional described in subsection (h)(1)(B)) after subsection (h)(1)(A) . (d) Creating incentives for ACO development The Secretary of Health and Human Services shall develop a mechanism to make permanent those ACO-related pilot programs, including the Advance Payment ACO Model, that have been successful. The Secretary shall submit to Congress a report on the study and shall include in the report such recommendations, including such changes in legislation, as the Secretary deems appropriate. (e) Effective date The amendments made by subsection (a) shall apply to plan years beginning on or after January 1, 2016.
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113-hr-5559
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I 113th CONGRESS 2d Session H. R. 5559 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Blumenauer (for himself, Mr. Levin , Mr. Rangel , Mr. McDermott , Mr. Lewis , Mr. Neal , Mr. Thompson of California , Mr. Larson of Connecticut , Mr. Kind , Mr. Pascrell , Ms. Schwartz , Mr. Danny K. Davis of Illinois , Ms. Linda T. Sánchez of California , Mr. Moran , Ms. Lee of California , Mr. Ryan of Ohio , Mr. Langevin , and Mr. Loebsack ) 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 certain expiring provisions relating to energy, and for other purposes.
1. Short title, etc (a) Short title This Act may be cited as the Bridge to a Clean Energy Future 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 for this Act is as follows: Sec. 1. Short title, etc. Sec. 2. Extension and modification of credit for nonbusiness energy property. Sec. 3. Extension of credit for alternative fuel vehicle refueling property. Sec. 4. Extension of credit for 2-wheeled plug-in electric vehicles. Sec. 5. Extension of second generation biofuel producer credit. Sec. 6. Extension of incentives for biodiesel and renewable diesel. Sec. 7. Extension and modification of production credit for Indian coal facilities placed in service before 2009. Sec. 8. Extension of credits with respect to facilities producing energy from certain renewable resources. Sec. 9. Extension of credit for energy-efficient new homes. Sec. 10. Extension of special allowance for second generation biofuel plant property. Sec. 11. Extension and modification of energy efficient commercial buildings deduction. Sec. 12. Extension of excise tax credits relating to certain fuels. Sec. 13. Extension of credit for new qualified fuel cell motor vehicles. Sec. 14. Extension of special rule for sales or dispositions to implement FERC or State electric restructuring policy for qualified electric utilities. Sec. 15. Extension of the advanced energy project credit. Sec. 16. Extension of energy credit for certain property under construction. 2. Extension and modification of credit for nonbusiness energy property (a) In general Paragraph (2) of section 25C(g) is amended by striking December 31, 2013 and inserting December 31, 2015 . (b) Updated Energy Star requirements for windows, doors, skylights, and roofing (1) In general Paragraph (1) of section 25C(c) is amended by striking which meets and all that follows through requirements) . (2) Energy efficient building envelope component Subsection (c) of section 25C is amended by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively, and by inserting after paragraph (1) the following new paragraph: (2) Energy efficient building envelope component The term energy efficient building envelope component means a building envelope component which meets— (A) applicable Energy Star program requirements, in the case of a roof or roof products, (B) version 6.0 Energy Star program requirements, in the case of an exterior window, a skylight, or an exterior door, and (C) the prescriptive criteria for such component established by the 2009 International Energy Conservation Code, as such Code (including supplements) is in effect on the date of the enactment of the American Recovery and Reinvestment Tax Act of 2009, in the case of any other component. . (3) Conforming amendment Subparagraph (D) of section 25C(c)(3), as so redesignated, is amended to read as follows: (D) any roof or roof products which are installed on a dwelling unit and are specifically and primarily designed to reduce the heat gain of such dwelling unit. . (c) Separate standards for tankless and storage water heaters (1) In general Subparagraph (D) of section 25C(d)(3) is amended by striking which has either and all that follows and inserting “which has either— (i) in the case of a storage water heater, an energy factor of at least 0.80 or a thermal efficiency of at least 90 percent, and (ii) in the case of any other water heater, an energy factor of at least 0.90 or a thermal efficiency of at least 90 percent, and . (2) Storage water heaters Paragraph (3) of section 25C(d) is amended by adding at the end the following flush sentence: For purposes of subparagraph (D)(i), the term storage water heater means a water heater that has a water storage capacity of more than 20 gallons but not more than 55 gallons. . (d) Modification of testing standards for biomass stoves Subparagraph (E) of section 25C(d)(3) is amended by inserting before the period the following: , when tested using the higher heating value of the fuel and in accordance with the Canadian Standards Administration B415.1 test protocol . (e) Separate standard for oil hot water boilers Paragraph (4) of section 25C(d) is amended by striking 95 and inserting 95 (90 in the case of an oil hot water boiler) . (f) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2013. 3. Extension of credit for alternative fuel vehicle refueling property (a) In general Subsection (g) of section 30C is amended by striking placed in service and all that follows and inserting placed in service after December 31, 2015. . (b) Effective date The amendment made by this section shall apply to property placed in service after December 31, 2013. 4. Extension of credit for 2-wheeled plug-in electric vehicles (a) In general Subparagraph (E) of section 30D(g)(3) is amended by striking January 1, 2014 and inserting January 1, 2014 (January 1, 2016, in the case of a vehicle that has 2 wheels). . (b) Effective date The amendment made by this section shall apply to vehicles acquired after December 31, 2013. 5. Extension of second generation biofuel producer credit (a) In general Clause (i) of section 40(b)(6)(J) is amended by striking January 1, 2014 and inserting January 1, 2016 . (b) Effective date The amendment made by this subsection shall apply to qualified second generation biofuel production after December 31, 2013. 6. Extension of incentives for biodiesel and renewable diesel (a) Credits for biodiesel and renewable diesel used as fuel Subsection (g) of section 40A is amended by striking December 31, 2013 and inserting December 31, 2015 . (b) Effective date The amendment made by this section shall apply to fuel sold or used after December 31, 2013. 7. Extension and modification of production credit for Indian coal facilities placed in service before 2009 (a) In general Subparagraph (A) of section 45(e)(10) is amended by striking 8-year period each place it appears and inserting 10-year period . (b) Application to new leases or subleases Paragraph (10) of section 45(d) is amended by inserting before the period the following: , and any new lease or sublease of such a facility . (c) Effective date The amendments made by this section shall apply to coal produced after December 31, 2013. 8. Extension of credits with respect to facilities producing energy from certain renewable resources (a) In general The following provisions of section 45(d) are each amended by striking January 1, 2014 each place it appears and inserting January 1, 2017 : (1) Paragraph (1). (2) Paragraph (2)(A). (3) Paragraph (3)(A). (4) Paragraph (4)(B). (5) Paragraph (6). (6) Paragraph (7). (7) Paragraph (9). (8) Paragraph (11)(B). (b) Extension of election To treat qualified facilities as energy property Clause (ii) of section 48(a)(5)(C) is amended by striking January 1, 2014 and inserting January 1, 2017 . (c) Effective dates The amendments made by this section shall take effect on January 1, 2014. 9. Extension of credit for energy-efficient new homes (a) In general Subsection (g) of section 45L is amended by striking December 31, 2013 and inserting December 31, 2015 . (b) Effective date The amendment made by this section shall apply to homes acquired after December 31, 2013. 10. Extension of special allowance for second generation biofuel plant property (a) In general Subparagraph (D) of section 168(l)(2) is amended by striking January 1, 2014 and inserting January 1, 2016 . (b) Effective date The amendment made by this section shall apply to property placed in service after December 31, 2013. 11. Extension and modification of energy efficient commercial buildings deduction (a) In general Subsection (h) of section 179D is amended by striking December 31, 2013 and inserting December 31, 2015 . (b) Allocations to Indian tribal governments Paragraph (4) of section 179D(d) is amended by striking or local and inserting local, or Indian tribal . (c) Allocations to certain nonprofit organizations (1) In general Paragraph (4) of section 179D(d), as amended by subsection (b), is amended by inserting , or by an organization that is described in section 501(c)(3) and exempt from tax under section 501(a) after political subdivision thereof . (2) Clerical amendment The heading of paragraph (4) of section 179D(d) is amended by inserting and property held by certain non-profits after public property . (d) Updated ASHRAE standards for 2015 (1) In general Paragraph (1) of section 179D(c) is amended by striking Standard 90.1–2001 each place it appears and inserting Standard 90.1–2007 . (2) Conforming amendments (A) Paragraph (2) of section 179D(c) is amended to read as follows: (2) Standard 90.1–2007 The term Standard 90.1–2007 means Standard 90.1–2007 of the American Society of Heating, Refrigerating, and Air Conditioning Engineers and the Illuminating Engineering Society of North America (as in effect on the day before the date of the adoption of Standard 90.1–2010 of such Societies). . (B) Subsection (f) of section 179D is amended by striking Standard 90.1–2001 each place it appears in paragraphs (1) and (2)(C)(i) and inserting Standard 90.1–2007 . (C) Paragraph (1) of section 179D(f) is amended— (i) by striking Table 9.3.1.1 and inserting Table 9.5.1 , and (ii) by striking Table 9.3.1.2 and inserting Table 9.6.1 . (3) Effective date The amendments made by this paragraph shall apply to property placed in service after December 31, 2014. (e) Effective date Except as provided in subsection (d)(3), the amendments made by this section shall apply to property placed in service after December 31, 2013. 12. Extension of excise tax credits relating to certain fuels (a) Excise tax credits and outlay payments for biodiesel and renewable diesel fuel mixtures (1) Paragraph (6) of section 6426(c) is amended by striking December 31, 2013 and inserting December 31, 2015 . (2) Subparagraph (B) of section 6427(e)(6) is amended by striking December 31, 2013 and inserting December 31, 2015 . (b) Extension of alternative fuels excise tax credits (1) In general Sections 6426(d)(5) and 6426(e)(3) are each amended by striking December 31, 2013 and inserting December 31, 2015 . (2) Outlay payments for alternative fuels Subparagraph (C) of section 6427(e)(6) is amended by striking December 31, 2013 and inserting December 31, 2015 . (c) Extension of alternative fuels excise tax credits relating to liquefied hydrogen (1) In general Sections 6426(d)(5) and 6426(e)(3), as amended by subsection (b), are each amended by striking (September 30, 2014 in the case of any sale or use involving liquefied hydrogen) . (2) Outlay payments for alternative fuels Paragraph (6) of section 6427(e) is amended— (A) by striking except as provided in subparagraph (D), any in subparagraph (C) and inserting any , (B) by striking the comma at the end of subparagraph (C) and inserting , and , and (C) by striking subparagraph (D) and redesignating subparagraph (E) as subparagraph (D). (d) Effective dates (1) In general Except as provided in paragraph (2), the amendments made by this section shall apply to fuel sold or used after December 31, 2013. (2) Liquefied hydrogen The amendments made by subsection (c) shall apply to fuels sold or used after September 30, 2014. (e) Special rule for certain periods during 2014 Notwithstanding any other provision of law, in the case of— (1) any biodiesel mixture credit properly determined under section 6426(c) of the Internal Revenue Code of 1986 for periods after December 31, 2013, and before the date of the enactment of this Act, and (2) any alternative fuel credit properly determined under section 6426(d) of such Code for such periods, such credit shall be allowed, and any refund or payment attributable to such credit (including any payment under section 6427(e) of such Code) shall be made, only in such manner as the Secretary of the Treasury (or the Secretary’s delegate) shall provide. Such Secretary shall issue guidance within 30 days after the date of the enactment of this Act providing for a one-time submission of claims covering periods described in the preceding sentence. Such guidance shall provide for a 180-day period for the submission of such claims (in such manner as prescribed by such Secretary) to begin not later than 30 days after such guidance is issued. Such claims shall be paid by such Secretary not later than 60 days after receipt. If such Secretary has not paid pursuant to a claim filed under this subsection within 60 days after the date of the filing of such claim, the claim shall be paid with interest from such date determined by using the overpayment rate and method under section 6621 of such Code. 13. Extension of credit for new qualified fuel cell motor vehicles (a) In general Paragraph (1) of section 30B(k) is amended by striking December 31, 2014 and inserting December 31, 2015 . (b) Effective date The amendment made by this section shall apply to property purchased after December 31, 2014. 14. Extension of special rule for sales or dispositions to implement FERC or State electric restructuring policy for qualified electric utilities (a) In general Paragraph (3) of section 451(i) is amended by striking January 1, 2014 and inserting January 1, 2016 . (b) Effective date The amendment made by this section shall apply to dispositions after December 31, 2013. 15. Extension of the advanced energy project credit (a) In general Subsection (d) of section 48C is amended by adding at the end the following new paragraph: (6) Additional 2013 allocations (A) In general Not later than 180 days after the date of the enactment of this paragraph, the Secretary, in consultation with the Secretary of Energy, shall establish a program to consider and award certifications for qualified investments eligible for credits under this section to qualifying advanced energy project sponsors with respect to applications received on or after the date of the enactment of this paragraph. (B) Limitation The total amount of credits that may be allocated under the program described in subparagraph (A) shall not exceed the 2013 allocation amount reduced by so much of the 2013 allocation amount as is taken into account as an increase in the limitation described in paragraph (1)(B). (C) Application of certain rules Rules similar to the rules of paragraphs (2), (3), (4), and (5) shall apply for purposes of the program described in subparagraph (A), except that— (i) Certification Applicants shall have 2 years from the date that the Secretary establishes such program to submit applications. (ii) Selection criteria In determining which qualifying advanced energy projects to certify under such program, the Secretary, in consultation with the Secretary of Energy, shall give the highest priority to projects which manufacture (other than assembly of components) property described in a subclause of subsection (c)(1)(A)(i) (or components thereof). (iii) Review and redistribution The Secretary shall conduct a separate review and redistribution under paragraph (5) with respect to such program not later than 4 years after the date of the enactment of this paragraph. (D) 2013 allocation amount For purposes of this subsection, the term 2013 allocation amount means $5,000,000,000. (E) Direct payments In lieu of any qualifying advanced energy project credit which would otherwise be determined under this section with respect to an allocation to a taxpayer under this paragraph, the Secretary shall, upon the election of the taxpayer, make a grant to the taxpayer in the amount of such credit as so determined. Rules similar to the rules of section 50 shall apply with respect to any grant made under this subparagraph. . (b) Portion of 2013 allocation allocated toward pending applications under original program Subparagraph (B) of section 48C(d)(1) is amended by inserting (increased by so much of the 2013 allocation amount (not in excess of $1,500,000,000) as the Secretary determines necessary to make allocations to qualified investments with respect to which qualifying applications were submitted before the date of the enactment of paragraph (6)) after $2,300,000,000 . (c) Conforming amendment Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting 48C(d)(6)(E), after 36B, . 16. Extension of energy credit for certain property under construction (a) Solar energy property Paragraphs (2)(A)(i)(II) and (3)(A)(ii) of section 48(a) are each amended by striking periods ending and inserting property the construction of which begins . (b) Qualified fuel cell property Section 48(c)(1)(D) is amended by striking for any period after December 31, 2016 and inserting the construction of which does not begin before January 1, 2017 . (c) Qualified microturbine property Section 48(c)(2)(D) is amended by striking for any period after December 31, 2016 and inserting the construction of which does not begin before January 1, 2017 . (d) Combined heat and power system property Section 48(c)(3)(A)(iv) is amended by striking which is placed in service and inserting construction of which begins . (e) Qualified small wind energy property Section 48(c)(4)(C) is amended by striking for any period after December 31, 2016 and inserting the construction of which does not begin before January 1, 2017 . (f) Thermal energy property Section 48(a)(3)(A)(vii) is amended by striking periods ending and inserting property the construction of which begins . (g) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act.
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113-hr-5560
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I 113th CONGRESS 2d Session H. R. 5560 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Braley of Iowa 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 establish a grant program for undergraduate students with financial need to assist such students in completing degrees at institutions of higher education.
1. Short title This Act may be cited as the Helping College Students Cross the Finish Line Act . 2. Grants to institutions to provide awards to undergraduate and vocational students with financial need to assist in completion of degree and certificate programs Part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ) is amended by inserting after subpart 7 the following new subpart: 8 Grants to institutions To provide awards to undergraduate and vocational students with financial need To assist in completion of degree and certificate programs 420. Grants to institutions to provide awards to undergraduate and vocational students with financial need to assist in completion of degree and certificate programs (a) Grants for establishment of financial assistance program The Secretary shall award grants to institutions of higher education to establish programs of financial assistance for students in accordance with this section. (b) Financial assistance program (1) Establishment An institution of higher education receiving a grant under subsection (a) shall establish a financial assistance program to award funds to not less than 100 eligible students per academic year in accordance with this subsection. (2) Student eligibility A student shall be eligible for an award under a financial assistance program established by an institution of higher education in accordance with this subsection if— (A) such student is enrolled as an undergraduate or vocational student at such institution on a not less than half-time basis; (B) such student is academically able to complete the degree or certificate program for which such student is enrolled within an academic year; (C) such student is in good academic standing at such institution (as determined by such institution) at the time of the distribution of the award; (D) in the case of a student who previously received an award under this section, such student maintained good academic standing during the academic period for which the student received such previous award under this section; (E) such student has an outstanding tuition payment due to such institution and is unable to fully pay the amount due; and (F) the institution determines that without financial assistance, such student will discontinue the degree or certificate program for which such student is enrolled due to an inability to pay tuition. (3) Grant amount The amount of an award to a student under a financial assistance program established by an institution of higher education in accordance with this subsection for a semester or equivalent shall be the lesser of— (A) $1,000; or (B) the amount of tuition such institution determines the student is unable to pay for such semester or equivalent. (4) Limitation on number of grants A student may only receive an award under a financial assistance program established by an institution of higher education in accordance with this subsection for a total of two semesters or the equivalent of two semesters. (5) Information on other financial assistance (A) Information required Each institution of higher education receiving a grant under subsection (a) shall provide information to each covered student attending such institution on financial assistance available from any source other than this section. (B) Covered student defined In this paragraph, the term covered student means a student receiving an award under a financial assistance program established by an institution of higher education in accordance with this subsection in an amount that does not fully pay an outstanding tuition payment due to such institution. (c) Financial literacy survey The Secretary shall create, and each student receiving an award under a financial assistance program established by an institution of higher education in accordance with subsection (b) shall complete, an online survey concerning financial literacy. Such survey shall include matters relating to budgeting and saving, student loan debt, and career planning. (d) Reports (1) Institutions of higher education Each institution of higher education receiving a grant under subsection (a) shall annually submit to the Secretary a report containing, for the academic year preceding the date of the submission of such report— (A) the number of students enrolled at such institution that received an award under a financial assistance program established by such institution in accordance with subsection (b); (B) the number of such students who completed the degree or certificate program in which such students were enrolled during such academic year; (C) the number of such students who, following completion of the degree or certificate program in which such students were enrolled, subsequently enrolled in a degree or certificate program at a higher level; (D) the number of such students who, following completion of the degree or certificate program in which such students were enrolled, subsequently obtained full-time employment and the average salary for such students; and (E) any other information that the Secretary considers necessary. (2) Secretary The Secretary shall annually submit to Congress a report on the implementation of this section. Such report shall include— (A) the aggregate data submitted by all institutions of higher education in accordance with paragraph (1); (B) an analysis of the grant program under this section and any suggestions for improving such program; and (C) any other information that the Secretary considers necessary. (e) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal years 2015 through 2020. .
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113-hr-5561
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I 113th CONGRESS 2d Session H. R. 5561 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Butterfield (for himself and Mr. Jones ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend the Intermodal Surface Transportation Efficiency Act of 1991 to designate high priority corridors on the National Highway System in the State of North Carolina, and for other purposes.
1. Short title This Act may be cited as the Military Corridor Transportation Improvement Act of 2014 . 2. High priority corridors on National Highway System (a) In general Section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2032) is amended by adding at the end the following: (81) United States Route 117/Interstate Route 795 from United States Route 70 in Goldsboro, Wayne County, North Carolina, to Interstate Route 40 west of Faison, Sampson County, North Carolina. (82) United States Route 70 from its intersection with Interstate Route 40 in Garner, Wake County, North Carolina, to the Port at Morehead City, Carteret County, North Carolina. . (b) Inclusion of certain route segments on Interstate System Section 1105(e)(5)(A) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2031; 109 Stat. 597; 115 Stat. 872; 118 Stat. 293; 126 Stat. 426) is amended in the first sentence by striking and subsection (c)(57) and inserting subsection (c)(57), subsection (c)(81), and subsection (c)(82) .
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113-hr-5562
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I 113th CONGRESS 2d Session H. R. 5562 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mrs. Capps (for herself, Mr. LaMalfa , Mr. Huffman , Mr. Garamendi , Mr. McClintock , Mr. Thompson of California , Ms. Matsui , Mr. Bera of California , Mr. Cook , Mr. McNerney , Mr. Denham , Mr. George Miller of California , Ms. Pelosi , Ms. Lee of California , Ms. Speier , Mr. Swalwell of California , Mr. Costa , Mr. Honda , Ms. Eshoo , Ms. Lofgren , Mr. Farr , Mr. Valadao , Mr. Nunes , Mr. McKeon , Ms. Brownley of California , Ms. Chu , Mr. Schiff , Mr. Cárdenas , Mr. Sherman , Mr. Gary G. Miller of California , Mrs. Napolitano , Mr. Waxman , Mr. Becerra , Mr. Ruiz , Ms. Bass , Ms. Linda T. Sánchez of California , Mr. Royce , Ms. Roybal-Allard , Mr. Takano , Mr. Calvert , Ms. Waters , Ms. Hahn , Mr. Campbell , Ms. Loretta Sanchez of California , Mr. Lowenthal , Mr. Rohrabacher , Mr. Issa , Mr. Hunter , Mr. Vargas , Mr. Peters of California , Mrs. Davis of California , and Mrs. Negrete McLeod ) 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 801 West Ocean Avenue in Lompoc, California, as the Federal Correctional Officer Scott J. Williams Memorial Post Office Building .
1. Federal Correctional Officer Scott J. Williams Memorial Post Office Building (a) Designation The facility of the United States Postal Service located at 801 West Ocean Avenue in Lompoc, California, shall be known and designated as the Federal Correctional Officer Scott J. Williams Memorial Post Office Building . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Federal Correctional Officer Scott J. Williams Memorial Post Office Building .
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113-hr-5563
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I 113th CONGRESS 2d Session H. R. 5563 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Cárdenas (for himself, Mr. Jolly , Ms. Brownley of California , Mr. McGovern , Mr. Carson of Indiana , Mr. Veasey , Mr. Cicilline , Mr. Jones , and Mr. Butterfield ) introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committee on Veterans’ Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To authorize the Secretary of Labor to award special recognition to employers for veteran-friendly employment practices.
1. Short title This Act may be cited as the Honoring the Hiring of Heroes Act . 2. Veteran-Friendly Business Awards (a) Authorization and Criteria for award Not later than 1 year after the date of enactment of this Act, the Secretary of Labor (in this Act referred as the Secretary) and the Secretary of Veterans Affairs shall jointly establish a program to award special recognition to employers for veteran-friendly employment practices and, in coordination with the Secretaries of Defense and Commerce, shall establish criteria for determining recipients of such awards. (b) Recognition An award of recognition granted under the program established by the Secretary under this Act shall be known as an Employment Salute Award. (c) Eligibility (1) Employer defined As used in this Act, the term employer means any person engaged in a business affecting commerce who has employees, but does not include the United States or any State or political subdivision of a State. (2) Categories The Secretary shall establish different categories of employers eligible for the awards based on the size of the employers. Recognition shall be awarded separately for employers having from 1 to 50 employees, from 51 to 500 employees, and more than 500 employees. (d) Application An employer seeking an award of recognition under this Act shall provide the Secretary with an application at such time and containing such information as the Secretary shall require after establishing the criteria described in subsection (a). (e) Application fee and funding (1) Fee authorized The Secretary may assess a reasonable application fee on employers seeking such an award. (2) Establishment of fund There is established in the Treasury of the United States a separate account for the deposit of fees collected under this subsection to be known as the Employment Salute Award Fund. (3) Deposit The Secretary shall deposit any fees collected pursuant to paragraph (1) into the Fund established by paragraph (2). (4) Use Amounts in the Employment Salute Award Fund shall be available to the Secretary, as provided in paragraph (5), for making expenditures to carry out the program established pursuant to subsection (a). (5) Authorization of appropriations There is authorized to be appropriated from the Employment Salute Award Fund to the Secretary for each fiscal year in which fees are collected under this subsection an amount equal to the total amount collected during the previous fiscal year from fees assessed pursuant to this subsection. Such amounts are authorized to remain available until expended. (6) Crediting and Availability of Fees Fees authorized under paragraph (1) shall be collected and available for obligation only to the extent and in the amount provided in advance in appropriations Acts. (f) Publicization The Secretary shall publicize the recipients of the award by listing such recipients in a separate section on the Department of Labor’s website and through such other methods as the Secretary may determine. (g) No monetary award An award granted under a program established pursuant to subsection (a) shall be for recognition only and not be monetary in nature.
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113-hr-5564
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I 113th CONGRESS 2d Session H. R. 5564 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Cárdenas (for himself, Ms. Norton , Mr. Lowenthal , Mr. Cartwright , and Ms. Roybal-Allard ) introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committees on Science, Space, and Technology and Appropriations , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish a program that promotes reforms in workforce education and skill training for manufacturing in States and metropolitan areas, and for other purposes.
1. Short title This Act may be cited as the Manufacturing Skills Act of 2014 . 2. Definitions In this Act: (1) Eligible entity The term eligible entity means a State or a metropolitan area. (2) Institution of higher education The term institution of higher education means each of the following: (A) An institution of higher education, as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (B) A postsecondary vocational institution, as defined in section 102(c) of such Act (20 U.S.C. 1002(c)). (3) Manufacturing sector The term manufacturing sector means a manufacturing sector classified in code 31, 32, or 33 of the most recent version of the North American Industry Classification System developed under the direction of the Office of Management and Budget. (4) Metropolitan area The term metropolitan area means a standard metropolitan statistical area, as designated by the Director of the Office of Management and Budget. (5) Partnership The term Partnership means the Manufacturing Skills Partnership established in section 101(a). (6) State The term State means each of the several States of the United States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. I Manufacturing Skills program 101. Manufacturing Skills program (a) Manufacturing Skills Partnership The Secretary of Commerce, Secretary of Labor, Secretary of Education, Secretary of the Department of Defense, and Director of the National Science Foundation shall jointly establish a Manufacturing Skills Partnership consisting of the Secretaries and the Director, or their representatives. The Partnership shall— (1) administer and carry out the program established under this title; (2) establish and publish guidelines for the review of applications, and the criteria for selection, for grants under this title; and (3) submit an annual report to Congress on— (A) the eligible entities that receive grants under this title; and (B) the progress such eligible entities have made in achieving the milestones identified in accordance with section 102(b)(2)(H). (b) Program authorized (1) In general From amounts appropriated to carry out this title, the Partnership shall award grants, on a competitive basis, to eligible entities to enable the eligible entities to carry out their proposals submitted in the application under section 102(b)(2), in order to promote reforms in workforce education and skill training for manufacturing in the eligible entities. (2) Grant duration A grant awarded under paragraph (1) shall be for a 3-year period, with grant funds under such grant distributed annually in accordance with subsection (c)(2). (3) Second grants If amounts are made available to award grants under this title for subsequent grant periods, the Partnership may award a grant to an eligible entity that previously received a grant under this title after such first grant period expires. The Partnership shall evaluate the performance of the eligible entity under the first grant in determining whether to award the eligible entity a second grant under this title. 102. Application and award process (a) In general An eligible entity that desires to receive a grant under this title shall— (1) establish a task force, consisting of leaders from the public, nonprofit, and manufacturing sectors, representatives of labor organizations, representatives of elementary schools and secondary schools, and representatives of institutions of higher education, to apply for and carry out a grant under this title; and (2) submit an application at such time, in such manner, and containing such information as the Partnership may require. (b) Application contents The application described in subsection (a)(2) shall include— (1) a description of the task force that the eligible entity has assembled to design the proposal described in paragraph (2); (2) a proposal that— (A) identifies, as of the date of the application— (i) the current strengths of the State or metropolitan area represented by the eligible entity in manufacturing; and (ii) areas for new growth opportunities in manufacturing; (B) identifies, as of the date of the application, manufacturing workforce and skills challenges preventing the eligible entity from expanding in the areas identified under subparagraph (A)(ii), such as— (i) a lack of availability of— (I) strong career and technical education; (II) educational programs in science, technology, engineering, or mathematics; or (III) a skills training system; or (ii) an absence of customized training for existing industrial businesses and sectors; (C) identifies challenges faced within the manufacturing sector by underrepresented and disadvantaged workers, including veterans, in the State or metropolitan area represented by the eligible entity; (D) provides strategies, designed by the eligible entity, to address challenges identified in subparagraphs (B) and (C) through tangible projects and investments, with the deep and sustainable involvement of manufacturing businesses; (E) identifies and leverages innovative and effective career and technical education or skills training programs in the field of manufacturing that are available in the eligible entity; (F) leverages other Federal funds in support of such strategies; (G) reforms State or local policies and governance, as applicable, in support of such strategies; and (H) holds the eligible entity accountable, on a regular basis, through a set of transparent performance measures, including a timeline for the grant period describing when specific milestones and reforms will be achieved; and (3) a description of the source of the matching funds required under subsection (d) that the eligible entity will use if selected for a grant under this title. (c) Award basis (1) Selection basis and maximum number of grants (A) In general The Partnership shall award grants under this title, by not earlier than January 1, 2015, and not later than March 31, 2015, to the eligible entities that submit the strongest and most comprehensive proposals under subsection (b)(2). (B) Maximum number of grants For any grant period, the Partnership shall award not more than 5 grants under this title to eligible entities representing States and not more than 5 grants to eligible entities representing metropolitan areas. (2) Amount of grants (A) In general The Partnership shall award grants under this title in an amount that averages, for all grants issued for a 3-year grant period, $10,000,000 for each year, subject to subparagraph (C) and paragraph (3). (B) Amount In determining the amount of each grant for an eligible entity, the Partnership shall take into consideration the size of the industrial base of the eligible entity. (C) Insufficient appropriations For any grant period for which the amounts available to carry out this title are insufficient to award grants in the amount described in subparagraph (A), the Partnership shall award grants in amounts determined appropriate by the Partnership. (3) Funding contingent on performance In order for an eligible entity to receive funds under a grant under this title for the second or third year of the grant period, the eligible entity shall demonstrate to the Partnership that the eligible entity has achieved the specific reforms and milestones required under the timeline included in the eligible entity's proposal under subsection (b)(2)(H). (4) Consultation with policy experts The Partnership shall assemble a panel of manufacturing policy experts and manufacturing leaders from the private sector to serve in an advisory capacity in helping to oversee the competition and review the competition's effectiveness. (d) Matching funds An eligible entity receiving a grant under this title shall provide matching funds toward the grant in an amount of not less than 50 percent of the costs of the activities carried out under the grant. Matching funds under this subsection shall be from non-Federal sources and shall be in cash or in-kind. 103. Authorization of appropriations (a) In general There are authorized to be appropriated to carry out this title such sums as may be necessary for fiscal year 2015. (b) Availability Funds appropriated under this section shall remain available until expended. II Audit of Federal education and skills training 201. Audit of Federal education and skills training (a) Audit By not later than March 31, 2015, the Director of the National Institute of Standards and Technology, acting through the Advanced Manufacturing National Program Office, shall conduct an audit of all Federal education and skills training programs related to manufacturing to ensure that States and metropolitan areas are able to align Federal resources to the greatest extent possible with the labor demands of their primary manufacturing industries. In carrying out the audit, the Director shall work with States and metropolitan areas to determine how Federal funds can be more tailored to meet their different needs. (b) Report and recommendations By not later than March 31, 2016, the Director of the National Institute of Standards and Technology shall prepare and submit a report to Congress that includes— (1) a summary of the findings from the audit conducted under subsection (a); and (2) recommendations for such legislative and administrative actions to reform the existing funding for Federal education and skills training programs related to manufacturing as the Director determines appropriate. III Offset 301. Rescission of Department of Labor funds (a) Rescission of funds Notwithstanding any other provision of law, an amount equal to the amount of funds made available to carry out title I for a fiscal year shall be rescinded, in accordance with subsection (b), from the unobligated discretionary funds available to the Secretary from prior fiscal years. (b) Return of funds Notwithstanding any other provision of law, by not later than 15 days after funds are appropriated or made available to carry out title I, the Director of the Office of Management and Budget shall— (1) identify from which appropriations accounts available to the Secretary of Labor the rescission described in subsection (a) shall apply; and (2) determine the amount of the rescission that shall apply to each account.
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113-hr-5565
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I 113th CONGRESS 2d Session H. R. 5565 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Carney introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To provide for institutional risk-sharing in the Federal student loan programs.
1. Short title This Act may be cited as the Protect Student Borrowers Act . 2. Purpose The purpose of this Act is to protect student borrowers by requiring institutions of higher education to assume some of the risk of default for student loans under part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.). 3. Institutional rebates to the Department of Education for defaulted loans Section 454 of the Higher Education Act of 1964 ( 20 U.S.C. 1087d ) is amended— (1) in subsection (a)— (A) in paragraph (5), by striking and ; (B) in paragraph (6) by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (7) provide that the institution accepts the institutional risk-sharing requirements under subsection (d), if applicable. ; and (2) by adding at the end the following: (d) Institutional risk-Sharing for student loan defaults (1) In general Subject to paragraph (3), each institution of higher education participating in the direct student loan program under this part for a fiscal year that has a rate of participation in such program for all students enrolled at that institution for such fiscal year that is 25 percent or higher shall remit, at such times as the Secretary may specify, a risk-sharing payment based on a percentage of the volume of student loans under this part that are in default, as determined under paragraph (2). (2) Determination of risk-sharing payments Subject to paragraph (3), with respect to each fiscal year, an institution of higher education described in paragraph (1) that has a cohort default rate (as defined in section 435(m))— (A) that is 30 percent or higher for the most recent fiscal year for which data are available, shall pay to the Secretary for the fiscal year an amount that is equal to 20 percent of the total amount (including interest and collection fees) of loans made under this part to students that are in default; (B) that is lower than 30 percent but not lower than 25 percent for the most recent fiscal year for which data are available, shall pay to the Secretary for the fiscal year an amount that is equal to 15 percent of the total amount (including interest and collection fees) of loans made under this part to students that are in default; (C) that is lower than 25 percent but not lower than 20 percent for the most recent fiscal year for which data are available, shall pay to the Secretary for the fiscal year an amount that is equal to 10 percent of the total amount (including interest and collection fees) of loans made under this part to students that are in default; and (D) that is lower than 20 percent but not lower than 15 percent for the most recent fiscal year for which data are available, shall pay to the Secretary for the fiscal year an amount that is equal to 5 percent of the total amount (including interest and collection fees) of loans made under this part to students that are in default. (3) Waiver and reduced risk-sharing payments (A) Waiver The Secretary shall waive the risk-sharing payments described in paragraph (1) for an institution described in paragraph (2)(D) that meets the requirements of subparagraph (D). (B) Reduced risk-sharing payments If an institution has in place a student loan management plan described in subparagraph (D) that is approved by the Secretary, the Secretary shall reduce the total annual amount of risk-sharing payments as follows: (i) With respect to an institution with a cohort default rate described in paragraph (2)(A), the risk-sharing payment shall be in an amount that is equal to 15 percent of the total amount (including interest and collection fees) of loans made under this part to students that are in default. (ii) With respect to an institution with a cohort default rate described in paragraph (2)(B), the risk-sharing payment shall be in an amount that is equal to 10 percent of the total amount (including interest and collection fees) of loans made under this part to students that are in default. (iii) With respect to an institution with a cohort default rate described in paragraph (2)(C), the risk-sharing payment shall be in an amount that is equal to 5 percent of the total amount (including interest and collection fees) of loans made under this part to students that are in default. (C) Continuation of waiver or reduced payments An institution that receives a waiver under subparagraph (A) or a reduced risk-sharing payment under subparagraph (B) may receive a waiver or reduced payment for a subsequent fiscal year only if the Secretary determines that the institution is making satisfactory progress in carrying out the student loan management plan described in subparagraph (D), including evidence of the effectiveness of the individualized financial aid counseling for students. (D) Student loan management plan An institution that seeks a waiver or reduction of its risk-sharing payment, shall develop and carry out a student loan management plan that shall include an analysis of the risk factors correlated with higher student loan defaults that are present at the institution and actions that the institution will take to address such factors. Such plan shall include individualized financial aid counseling for students and strategies to minimize student loan default and delinquency. (E) Waiver or reduction for certain institutions In addition to the other risk-sharing payment waivers and reductions described in this paragraph, the Secretary may waive or reduce risk-sharing payments if— (i) an institution is eligible under— (I) part A or part B of title III; or (II) title V; and (ii) the Secretary determines that— (I) the institution is making satisfactory progress in carrying out the institution’s student loan management plan described under subparagraph (D); and (II) granting a waiver or reduction of risk-sharing payments would be in the best interest of students at the institution. (4) Prohibition An institution of higher education shall not deny admission or financial aid to a student based on a perception that such student may be at risk for defaulting on a loan made under this part. (5) Fund for the deposit of risk-sharing payments (A) In general There is established in the Treasury of the United States a separate account for the deposit of risk-sharing payments collected under this subsection. The Secretary shall deposit any payments collected pursuant to this subsection into such fund. (B) Use of funds Of the amounts in the fund described in subparagraph (A), for each fiscal year— (i) not more than 50 percent of such amounts shall be made available to the Secretary to enter into contracts or cooperative agreements for delinquency and default prevention or rehabilitation under section 456(d); and (ii) the Secretary shall reserve the remainder of such amounts for a Federal Pell Grant fund that shall be used to offset any future shortfalls in funding under the Federal Pell Grant program. (6) Applicability The Secretary shall carry out this subsection beginning with the cohort default rate for the 2014 cohort. The 2014 cohort shall include current and former students who enter repayment in fiscal year 2014. (7) Report to congress The Secretary shall report on an annual basis to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives the following information: (A) A list of institutions that have been subject to risk-sharing payments in the previous year. (B) The required risk-sharing payment from such institutions. (C) The amount of risk-sharing payments collected from such institutions. (D) A list of the institutions that have received waivers from the risk-sharing payment and the reason for such waiver. (E) A list of the institutions that have received reductions in the required risk-sharing payment. (F) The use of funds deposited from risk-sharing payments, including a list of any contracts or cooperative agreements for delinquency and default prevention or rehabilitation and the amount reserved for the Federal Pell Grant program. . 4. Contracts and cooperative agreements Section 456 of the Higher Education Act of 1965 ( 20 U.S.C. 1087f ) is amended by adding at the end the following: (d) Contracts and cooperative agreements for delinquency and default prevention and for default rehabilitation The Secretary may enter into contracts or cooperative agreements for— (1) statewide or institutionally based programs for the prevention of Federal student loan delinquency and default at institutions of higher education that— (A) have a high cohort default rate as defined under section 435(m); or (B) serve large numbers or percentages of student loan borrowers who have a risk factor associated with higher default rates on Federal student loans under this title, such as coming from a low-income family, being a first generation postsecondary education student, not having a secondary school diploma, or having previously defaulted on, and rehabilitated, a loan made under this title; and (2) increasing the number of borrowers who successfully rehabilitate defaulted loans. . 5. Financial responsibility Section 498(c)(1) of the Higher Education Act of 1965 ( 20 U.S.C. 1099c(c)(1) ) is amended by striking subparagraph (C) and inserting the following: (C) to meet all of its financial obligations, including institutional risk-sharing payments, refunds of institutional charges, and repayments to the Secretary for liabilities and debts incurred in programs administered by the Secretary. .
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113-hr-5566
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I 113th CONGRESS 2d Session H. R. 5566 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Carney 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 restore National SMART Grants for a certain number of award years.
1. Short title This Act may be cited as the SMART Grant Reauthorization Act of 2014 . 2. Restoration of SMART Grants Section 401A of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–1 ) is amended— (1) by amending the section heading to read as follows: National SMART Grants ; (2) in subsection (b)— (A) by striking paragraph (1); and (B) by striking this section and all that follows through for the third and inserting this section for the third ; (3) in subsection (c)(3)— (A) by striking subparagraphs (A) and (B); (B) by redesignating subparagraphs (C) through (E) as subparagraphs (A) through (C), respectively; (C) in subparagraph (A)(i), as so redesignated— (i) by striking or at the end of subclause (I) and inserting and ; (ii) by striking major in and all that follows through the physical and inserting major in the physical ; and (iii) by striking subclause (II); and (D) in subparagraph (C)(i), as so redesignated— (i) by striking or at the end of subclause (I) and inserting and ; (ii) by striking major in and all that follows through the physical and inserting major in the physical ; and (iii) by striking subclause (II); (4) in subsection (d)(1)(A)— (A) by striking clauses (i) and (ii); (B) by redesignating clauses (iii) and (iv) as clauses (i) and (ii), respectively; (C) in clause (i), as so redesignated, by striking subparagraph (C) or (D) and inserting subparagraph (A) or (B) ; and (D) in clause (ii), as so redesignated, by striking (E) and inserting (C) ; (5) by amending subsection (e)(1) to read as follows: (1) Authorization and appropriation of funds There are authorized to be appropriated, and there are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of Education to carry out this section $400,000,000 for fiscal year 2015 and each of the 5 succeeding fiscal years. ; (6) by striking subsection (f); (7) by redesignating subsection (g) as subsection (f); and (8) in subsection (f), as so redesignated, by striking 2010–2011 and inserting 2020–2021 .
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https://www.govinfo.gov/content/pkg/BILLS-113hr5566ih/xml/BILLS-113hr5566ih.xml
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113-hr-5567
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I 113th CONGRESS 2d Session H. R. 5567 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Carney introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To carry out pilot programs to improve skills and job training, and for other purposes.
1. Short title This Act may be cited as the Education and Workforce Innovation Act . 2. Community Workforce Training Grants (a) Program authorized From the amounts appropriated to carry out this section, the Secretary of Education, in consultation with the Secretary of Labor and the advisory panel, shall carry out a 5-year pilot program to award grants to eligible entities to carry out programs that provide direct skills and job training for individuals to enter and advance in high-growth, emerging, and in-demand industries, such as skilled labor and trade industries. (b) Application To receive a grant under this section, an eligible entity shall submit an application, at such time, in such manner, and containing such information as the Secretary of Education may require. (c) Uses of funds An eligible entity that receives a grant under this section shall use such grant to— (1) develop and carry out a multiyear program to provide students enrolled in a school or institution described in subparagraphs (A) through (C) of subsection (g)(1) with education and training to prepare such students to enter and advance in high-growth, emerging, or in-demand industries by providing— (A) customized training that is valuable to such industries; (B) increased productivity and knowledge transfer; (C) a stable and predictable pipeline to a high-standard of employment (as determined by the Secretary of Labor in consultation with the advisory panel) upon graduation from the program; (D) a proven model of success, as determined by the Secretary of Labor in consultation with the advisory panel; and (E) an opportunity for career advancement; and (2) cover costs related to developing and carrying out the program, which may include— (A) covering overhead costs; (B) improving program design; (C) expanding access to the program; or (D) providing tuition subsidies for students enrolled, or desiring to enroll, in an institution described in subparagraph (A) or (B) of subsection (g)(1), if applicable, to participate in such program. (d) Matching funds An eligible entity that is awarded a grant under this section shall provide matching funds from non-Federal sources in an amount equal to not less than the Federal funds provided under the grant. (e) Advisory panel In carrying out the pilot program under this section, the Secretary of Education shall establish an advisory panel that is comprised of Federal education experts and private sector executives. (f) Availability of funding For fiscal year 2016 and each of the 4 succeeding fiscal years, not less than $50,000,000 shall be available from the amount appropriated for each such fiscal year for the Workforce Innovation Fund of the Department of Labor for the costs of carrying out this section. (g) Definitions In this section: (1) Eligible entity The term eligible entity means a private company involved in the manufacturing, production, or technology industries, in partnership with a— (A) junior or community college; (B) postsecondary vocational institution; or (C) secondary school. (2) Junior or community college The term junior or community college has the meaning given the term in section 312(f) of the Higher Education Act of 1965 (20 U.S.C. 1058(f)). (3) Postsecondary vocational institution The term postsecondary vocational institution has the meaning given the term in section 102(c) of the Higher Education Act of 1965 (20 U.S.C. 1002(c)). (4) Secondary school The term secondary school has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (5) Skilled labor and trade industries The term skilled labor and trade industries shall be defined by the Secretary of Labor. 3. Financing a Skilled 21st Century Workforce Goal (a) Program authorized The Secretaries of Education and the Treasury, jointly with the advisory panel, shall administer a pay-for-performance pilot program for 5 years to raise funds from qualified investors to cover the cost of a workforce training program that increases trade certifications or apprenticeships for unemployed individuals or dislocated workers, and that meets the requirements of subsection (b). (b) Program requirements The pay-for-performance pilot program carried out under subsection (a) shall require that— (1) the Secretaries and the advisory panel establish the goals of increasing trade certifications or apprenticeships for unemployed individuals or dislocated workers, and other social and financial goals (such as reducing Federal, State, and local expenditures related to workforce training) for the program; (2) a qualified investor enters into a pay-for-performance agreement with the Secretaries under which the qualified investor— (A) provides funds to a service provider selected by the Secretaries, the advisory panel, and the qualified investor to meet the goals established under paragraph (1); and (B) agrees to the repayment terms described in paragraph (4); (3) the service provider uses such funds to carry out a workforce training program for unemployed adults or dislocated workers to meet such goals; (4) if the Secretaries and the advisory panel determine that the workforce training program carried out by the service provider meets the goals established under paragraph (1), the Secretaries will repay the qualified investor the amount of funds provided by the qualified investor under paragraph (2) with financial returns; and (5) the Secretaries and the advisory panel assess the feasibility of expanding the pay-for-performance pilot program on a larger scale. (c) Authorization of appropriations There are authorized to be appropriated $75,000,000 for fiscal year 2016 to carry out this section. (d) Definitions In this Act: (1) Advisory panel The term advisory panel means a panel of business representatives selected by the Secretaries. (2) Dislocated worker; unemployed individual The terms dislocated worker and unemployed individual have the meanings given the terms in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). (3) Qualified investor The term qualified investor has the meaning given such term in section 230.501(a) of title 17, Code of Federal Regulations (or successor regulations). (4) Secretaries The term Secretaries means the Secretaries of Education and the Treasury. (5) Service provider The term service provider means a nonprofit organization that carries out a workforce training program.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5567ih/xml/BILLS-113hr5567ih.xml
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113-hr-5568
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I 113th CONGRESS 2d Session H. R. 5568 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Castro of Texas 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 direct the Secretary of Education to award interest-free student loans to certain students, and for other purposes.
1. Short title This Act may be cited as the B-On-Time Student Loan Relief Act of 2014 . 2. B-On-Time Loans and Loan Forgiveness Title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ) is amended by adding at the end the following new part: J B-On-Time Loans 499A. Loan requirements (a) In general The Secretary shall carry out a program to— (1) award loans with an applicable rate of interest of zero to eligible students for study at an institution of higher education; and (2) forgive the outstanding principal on such loans awarded to students who meet the requirements of subsection (c). (b) Student eligibility for loans To be eligible to receive a loan under subsection (a)(1), a student shall meet any requirements that the Secretary may require, which shall include requirements that the student— (1) (A) has graduated on or after the 2013–2014 school year from a secondary school in the United States or a secondary school operated by the Department of Defense, or its equivalent; or (B) has earned an associate’s degree from an institution of higher education on or after May 1, 2013; (2) has not earned a bachelor’s degree; (3) is enrolled as a full-time student in an undergraduate degree or certificate program at an institution of higher education; and (4) has completed a FAFSA and meets the requirements of section 484(a). (c) Student eligibility for loan forgiveness To be eligible to receive loan forgiveness under subsection (a)(2), a student shall meet any requirements that the Secretary may require, which shall include requirements that the student— (1) receives a bachelor’s degree within a set timeframe, as determined by the Secretary; (2) while enrolled at the program of study at an institution of higher education for which the student received a loan under subsection (a)(1)— (A) has maintained a certain grade point average; or (B) has majored in a science, technology, engineering, or mathematics field; and (3) meets any other requirements as determined by the Secretary. (d) Priority The Secretary shall award loans under subsection (a)(1) and grant loan forgiveness under subsection (a)(2) on a first-come, first-served basis, and subject to the availability of appropriations. (e) Rule of Construction Nothing in this section shall be construed to prohibit a student from applying for other financial assistance under this title. (f) 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 succeeding fiscal year through fiscal year 2024. .
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https://www.govinfo.gov/content/pkg/BILLS-113hr5568ih/xml/BILLS-113hr5568ih.xml
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113-hr-5569
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I 113th CONGRESS 2d Session H. R. 5569 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Cicilline introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To include community partners and intermediaries in the planning and delivery of education and related programs, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Community Partnerships in Education Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Title I—Amendments to Elementary and Secondary Education Act of 1965 Sec. 101. State plans. Sec. 102. Local educational agency plans. Sec. 103. Schoolwide programs. Sec. 104. Targeted assistance schools. Sec. 105. Academic assessment and local educational agency and school improvement. Sec. 106. School improvement grants. Sec. 107. Evaluations. Sec. 108. Definitions. Title II—Amendments to the Carl D. Perkins Career and Technical Education Act of 2006 Sec. 201. Definitions. Sec. 202. Attainment of 21st century skills. Sec. 203. Inclusion of community partners and intermediary organizations in State and local plans. Sec. 204. Evaluations. Title III—Amendments to the Workforce Innovation and Opportunity Act Sec. 301. Definitions. Sec. 302. Inclusion of community partners and intermediary organizations in local workforce development boards and activities. Sec. 303. Inclusion of community partners and intermediary organizations in adult education and literacy programs. Sec. 304. Effective date. Title IV—Amendments to Higher Education Act of 1965 Sec. 401. Definitions. Sec. 402. TRIO programs. Sec. 403. GEAR UP. Sec. 404. Maintenance and expansion of existing programs. I Amendments to Elementary and Secondary Education Act of 1965 101. State plans Section 1111 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 ) is amended— (1) in subsection (b)(2)(C)(vii)— (A) by striking and changes in and inserting changes in ; and (B) by inserting before the period at the end the following: , and measures of the attainment of 21st Century skills (such as critical thinking, problem-solving, communication, and collaboration) ; (2) in subsection (b)(2)(D)(i), by inserting , and aligned with the program the State will carry out with funds received under this part after if any ; and (3) in subsection (h)(1)(C)— (A) by striking and at the end of clause (vii); (B) by striking the period at the end of clause (viii) and inserting ; and ; and (C) by adding at the end the following: (ix) information on student attainment of 21st Century skills (such as critical thinking, problem-solving, communication, and collaboration). . 102. Local educational agency plans Section 1112(b)(1) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6312(b)(1) ) is amended— (1) in subparagraph (B), by inserting , such as measures of the attainment of 21st Century skills (such as critical thinking, problem-solving, communication, and collaboration), after any other indicators ; (2) in subparagraph (P), by striking and at the end; (3) in subparagraph (Q), by striking the period and inserting a semicolon; and (4) by adding at the end the following: (R) a description of the data-sharing agreement or agreements that the local educational agency has entered into with other agencies and organizations so as to provide for shared access to information on student progress and success (consistent with the requirements of subpart 4 of part C of the General Education Provisions Act ( 20 U.S.C. 1232f et seq. )), integrated planning and joint review of the data, and coordinated adjustments in strategies for programs carried out with funds received under this part and activities in response to changes in student needs or to new challenges; (S) a description of how the local educational agency will carry out programs with funds received under this part in partnership with one or more community partners, including through joint planning and implementation, shared professional development designed to improve the effectiveness of school and community partner staff, development and implementation of shared data systems that support the improvement of such programs and the improvement of the outcomes of such programs, and the alignment and coordination of local educational agency, school, and community partner goals, activities, and training; and (T) a description of how the local educational will carry out programs with funds received under this part with the involvement of one or more intermediary organizations that will assist the agency and its schools by training staff, providing technical assistance that is designed to ensure continuous improvement, helping to ensure accountability for results, and helping to ensure that such funds flow quickly and effectively to effective service providers and activities. . 103. Schoolwide programs Section 1114(b)(1)(J) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6314(b)(1)(J)) is amended by inserting , with the assistance of one or more intermediary organizations described in section 1112(b)(1)(T), after Coordination and integration . 104. Targeted assistance schools Section 1115(c)(1)(H) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6315(c)(1)(H)) is amended by inserting , with the assistance of one or more intermediary organizations described in section 1112(b)(1)(T), after coordinate and integrate . 105. Academic assessment and local educational agency and school improvement Section 1116 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6316 ) is amended— (1) in subsection (a)(1)(B), by inserting , such as measures of the attainment of 21st Century skills, after section 1121(b)(1)(A) and (B) ; (2) in subsection (b)(3)(A)— (A) in the matter preceding clause (i), by inserting community partners and intermediary organizations described in section 1112(b)(1)(S) and (T), after the local educational agency serving the school, ; and (B) in clause (vii)— (i) by striking and the State educational agency and inserting the State educational agency ; and (ii) by inserting and community partners and intermediary organizations described in section 1112(b)(1)(S) and (T), after under the plan ; and (3) in subsection (c)(7)(A)— (A) in the matter preceding clause (i), by inserting community partners or intermediary organizations as described in section 1112(b)(1)(S) and (T), after school staff, ; and (B) in clause (vii), by striking and the local educational agency and inserting , the local educational agency, and community partners and intermediary organizations as described in section 1112(b)(1)(S) and (T) . 106. School improvement grants Section 1003(g)(6) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6303(g)(6) ) is amended— (1) by striking and at the end of subparagraph (A); (2) by striking the period at the end of subparagraph (B) and inserting ; and ; and (3) by adding at the end the following: (C) a commitment to carry out school and local educational agency improvement— (i) in partnership with one or more community partners, including through joint planning and implementation, shared professional development designed to improve the effectiveness of school and community partner staff, development and implementation of shared data systems that support program improvement and the improvement of program outcomes, and the alignment and coordination of local educational agency, school, and community partner goals, activities, and training; and (ii) with the involvement of one or more intermediary organizations that will assist the agency and its schools by training staff, providing technical assistance that is designed to ensure continuous improvement, helping to ensure accountability for results, and helping to ensure that program funds flow quickly and effectively to effective service providers and activities. . 107. Evaluations Section 1501(a)(2) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6491(a)(2) ) is amended— (1) by redesignating subparagraph (O) as subparagraph (Q); and (2) by inserting after subparagraph (N) the following: (O) Whether and how local educational agencies are involving community partners and intermediary organizations in their activities carried out under section 1003(g) and part A, and the impact of that involvement. (P) The implementation of the data-sharing agreements entered into under section 1112(b)(1)(E), and the impact of that implementation. . 108. Definitions Section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ) is amended by adding at the end the following: (44) Community partner The term community partner means a nonprofit or public organization that has expertise in the planning and delivery of education and related programs, in forging coordination and cooperation between educators and other members of the community, or in training educators and other deliverers of educational services. (45) Intermediary Organization The term intermediary organization means a nonprofit organization that has expertise in training, forging public-private partnerships, systems development, capacity-building, improving scalability, evaluation, and the effective use of data to improve the progress of students, schools and other educational institutions, and education programs. . II Amendments to the Carl D. Perkins Career and Technical Education Act of 2006 201. Definitions Section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 29 U.S.C. 2302 ) is amended— (1) by redesignating paragraphs (9) through (18) and paragraphs (19) through (34) as paragraphs (10) through (19) and paragraphs (21) through (36), respectively; (2) by inserting after paragraph (8) the following new paragraph: (9) Community partner The term community partner means a nonprofit organization that has expertise in the planning and delivery of education and related programs, in forging coordination and cooperation between educators and other members of the community, in training educators and other deliverers of educational services, or in development and implementation of data systems that measure the progress of students, schools and institutions of higher education, and programs. ; and (3) by inserting after paragraph (19) (as so redesignated) the following new paragraph: (20) Intermediary organization The term intermediary organization means a nonprofit organization that has expertise in training, forging public-private partnerships, systems development, capacity-building, improving scalability, and evaluation. . 202. Attainment of 21st century skills (a) Accountability Section 113(b)(2)(C) of the Carl D. Perkins Career and Technical Education Improvement Act of 2006 ( 29 U.S.C. 2323(b)(2)(C) ) is amended by inserting attainment of 21st century skills (such as critical thinking, problem-solving, communication, and collaboration) and after such as . (b) Local and State reports Section 113 of such Act is further amended— (1) in subsection (b)(4)(C)(ii)— (A) in subclause (I), by striking ; and and inserting a semicolon; (B) in subclause (II), by striking the period and inserting ; and ; and (C) by inserting after subclause (II) the following new subclause: (III) describe the progress of career and technical education students served by the eligible recipient in attaining 21st century skills (such as critical thinking, problem-solving, communication, and collaboration). ; and (2) in subsection (c)(2)— (A) in subparagraph (A), by striking ; and and inserting a semicolon; (B) in subparagraph (B), by striking the period and inserting ; and ; and (C) by inserting after subparagraph (B) the following new subparagraph: (C) describe the progress of career and technical education students of the state in attaining 21st century skills (such as critical thinking, problem-solving, communication, and collaboration). . 203. Inclusion of community partners and intermediary organizations in State and local plans (a) State plan Section 122 of the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (29 U.S.C. 2342) is amended— (1) in subsection (b)(1)(A)(ix) by striking including parent and community organizations and inserting including parent and intermediary organizations and community partners ; (2) in subsection (c)(1)(A)— (A) in clause (iii), by striking ; and and inserting a semicolon; (B) in clause (iv), by striking the period and inserting a semicolon; and (C) by inserting after clause (iv) the following new clauses: (v) are carried out in partnership with one or more community partners, including through joint planning and implementation, shared professional development designed to improve the effectiveness of eligible recipient and community partner staff, development and implementation of shared data systems that support program improvement and the improvement of program outcomes, and the alignment and coordination of eligible recipient and community partner goals, activities, and training; and (vi) are carried out with the involvement of one or more intermediary organizations that will assist the eligible applicants by training staff, providing technical assistance that is designed to ensure continuous improvement, helping to ensure accountability for results, and helping to ensure that program funds flow quickly and effectively to effective service providers and activities. ; and (3) in subsection (c)(2)— (A) in subparagraph (F), by striking ; and and inserting a semicolon; (B) in subparagraph (G), by inserting ; and at the end; and (C) by inserting after subparagraph (G) the following new subparagraph: (H) may be provided by a community partner or an intermediary organization; . (b) Local plan Section 134(b) of the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (29 U.S.C. 2354(b)) is amended— (1) in paragraph (5), insert community partners and intermediary organizations, after labor organizations ; (2) in paragraph (11), by striking ; and and inserting a semicolon; (3) in paragraph (12)(B), by striking the period and inserting a semicolon; and (4) by inserting after paragraph (12) the following new paragraphs: (13) describe the data-sharing agreement or agreements that the eligible recipient agency has entered into with other agencies and organizations so as to provide for shared access to information on student progress and success (consistent with the requirements of subpart 4 of part C of the General Education Provisions Act), integrated planning and joint review of the data, and coordinated adjustments in program strategies and activities in response to changes in student needs or to new challenges; (14) describe how the eligible recipient will carry out its program under this part in partnership with one or more community partners, including through joint planning and implementation, shared professional development designed to improve the effectiveness of eligible recipient and community partner staff, development and implementation of shared data systems that support program improvement and the improvement of program outcomes, and the alignment and coordination of eligible recipient and community partner goals, activities, and training; and (15) a description of how the eligible recipient will carry out its program under this part with the involvement of one or more intermediary organizations that will assist the eligible entity by training staff, providing technical assistance that is designed to ensure continuous improvement, helping to ensure accountability for results, and helping to ensure that program funds flow quickly and effectively to effective service providers and activities. . (c) Local use of funds Section 135(b) of the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (29 U.S.C. 2355(b)) is amended— (1) in paragraph (5), by striking development program that and inserting development programs, which may be provided by community partners or intermediary organizations, that ; (2) in paragraph (8), by striking ; and and inserting a semicolon; (3) in paragraph (9), by striking the period and inserting ; and ; and (4) by inserting after paragraph (9) the following new paragraph: (10) development and implementation of data-sharing agreements between the eligible recipient and other agencies and organizations that provide for shared access to information on student progress and success (consistent with the requirements of subpart 4 of part C of the General Education Provisions Act), integrated planning and joint review of the data, and coordinated adjustments in program strategies and activities in response to changes in student needs or to new challenges. . 204. Evaluations Section 114(d)(2)(B) of the Carl D. Perkins Career and Technical Education Improvement Act of 2006 ( 29 U.S.C. 2324 ) is amended— (1) in clause (vi), by striking ; and and inserting a semicolon; (2) in clause (vii), by striking the period and inserting a semicolon; and (3) by inserting after clause (vii) the following new clauses: (viii) whether and how eligible recipients are involving community partners and intermediary organizations in their activities carried out under part C, and the impact of that involvement; and (ix) the implementation of the data-sharing agreements entered into under section 135(b)(10), and the impact of that implementation. . III Amendments to the Workforce Innovation and Opportunity Act 301. Definitions Section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ) is amended— (1) by redesignating paragraphs (11) through (29) and paragraphs (30) through (71) as paragraphs (12) through (30) and paragraphs (32) through (73), respectively; (2) by inserting after paragraph (10) the following new paragraph: (11) Community partner Except as otherwise specified in section 203, the term community partner means a nonprofit or public organization that has expertise in the planning and delivery of workforce development and related programs, in forging coordination and cooperation between workforce development service providers and other members of the community, or in training service providers. ; and (3) by inserting after paragraph (30) (as so redesignated) the following new paragraph: (31) Intermediary organization Except as otherwise specified in section 203, the term intermediary organization means a nonprofit organization that has expertise in training, forging public-private partnerships, systems development, capacity-building, improving scalability, evaluation, and development and implementation of data systems that measure the progress of program participants and programs. . 302. Inclusion of community partners and intermediary organizations in local workforce development boards and activities (a) Local workforce development boards Section 107(b)(2) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3122(b)(2) ) is amended— (1) by redesignating subparagraph (E) as subparagraph (F); (2) in subparagraph (D)(v), by striking and at the end; and (3) by inserting after subparagraph (D), the following new subparagraph: (E) each local board shall include representatives of community partners and intermediary organizations; and . (b) Local plans Section 108(b) of such Act ( 29 U.S.C. 3123(b) ) is amended— (1) by redesignating paragraph (22) as paragraph (23); (2) in paragraph (21), by striking and at the end; and (3) by inserting after paragraph (21), the following new paragraph: (22) a description of the data-sharing agreement or agreements that the local board has entered into with other agencies and organizations so as to provide for shared access to information on participant progress and success (consistent, as applicable, with the requirements of subpart 4 of part C of the General Education Provisions Act), integrated planning and joint review of the data, and coordinated adjustments in program strategies and activities in response to changes in student needs or to new challenges; and . (c) Performance indicators Section 116(b)(2)(B) of such Act ( 29 U.S.C. 3141(b)(2)(B) ) is amended by inserting before the period the following: , including the acquisition of 21st Century skills (such as critical thinking, problem-solving, communication, and collaboration) by program participants . (d) Performance information Section 116(d)(3) of such Act ( 29 U.S.C. 3141(d)(3) ) is amended— (1) in subparagraph (B), by striking and at the end; (2) in subparagraph (C), by striking the period and inserting ; and ; and (3) by inserting after subparagraph (C) the following new subparagraph: (D) at the discretion of the Governor, information on program participants’ development of 21st Century skills. . (e) Youth activities Section 129(c) of such Act ( 29 U.S.C. 3164(c) ) is amended— (1) in paragraph (1)(A), by inserting 21st century skills (such as critical thinking, problem-solving, communication, and collaboration), after basic skills, ; and (2) in paragraph (2)— (A) in subparagraph (M), by striking and at the end; (B) in subparagraph (N), by striking the period and inserting ; and ; and (C) by inserting after subparagraph (N) the following new subparagraph: (O) development of 21st century skills (such as critical thinking, problem-solving, communication, and collaboration). . (f) Adult and dislocated worker activities Section 134(c)(3)(D) of such Act ( 29 U.S.C. 3174(c)(3)(D) ) is amended— (1) in clause (x), by striking and at the end; (2) in clause (xi), by striking the period and inserting ; and ; and (3) by inserting after clause (xi) the following new clause: (xii) development of 21st century skills (such as critical thinking, problem-solving, communication, and collaboration). . (g) Evaluations Section 169(a)(2) of such Act ( 29 U.S.C. 3224(a)(2) ) is amended— (1) in subparagraph (A)(i), by inserting and 21st century skills after employment competencies ; (2) in subparagraph (F), by striking and at the end; (3) by redesignating subparagraph (G) as subparagraph (I); and (4) by inserting after subparagraph (F) the following new subparagraphs: (G) whether and how providers of services under chapters 2 and 3 of subtitle A involve community partners and intermediary organizations in their delivery of services, and the impact of that involvement; (H) the implementation of the data-sharing agreements entered into pursuant to section 108(b)(22), and the impact of that implementation; and . 303. Inclusion of community partners and intermediary organizations in adult education and literacy programs (a) Definitions Section 203 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3272 ) is amended— (1) by redesignating paragraphs (3) through (12) and paragraphs (13) through (17) as paragraphs (4) through (13) and paragraphs (15) through (19), respectively; (2) by inserting after paragraph (2) the following new paragraph: (3) Community partner The term community partner means a nonprofit or public organization that has expertise in the planning and delivery of education and related programs, in forging coordination and cooperation between educators and other members of the community, or in training educators and other deliverers of educational services. ; and (3) by inserting after paragraph (13) (as so redesignated) the following new paragraph: (14) Intermediary organization The term intermediary organization means a nonprofit organization that has expertise in training, forging public-private partnerships, systems development, capacity-building, improving scalability, evaluation, and development and implementation of data systems that measure the progress of students, schools, and other educational institutions and programs. . (b) Grants and contracts for eligible providers Section 231(e)(10) of such Act ( 29 U.S.C. 3321(e)(10) ) is amended— (1) by inserting and data-sharing arrangements (designed to provide for shared access to information on student progress (consistent with the requirements of subpart 4 of part C of the General Education Provisions Act), integrated planning, and coordinated adjustments in program strategies and activities in response to changes in student needs or to new challenges)) after strong links ; (2) by inserting community partners, intermediary organizations, after postsecondary educational institutions, ; and (3) by striking nonprofit organizations, and intermediaries and inserting and nonprofit organizations . (c) Local plan Section 232(2) of such Act is amended by inserting and data-sharing agreements after cooperative agreements . 304. Effective date The amendments made by this title shall take effect as if enacted as part of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ). IV Amendments to Higher Education Act of 1965 401. Definitions Section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ) is amended by adding at the end the following: (d) Community Partner The term community partner means a nonprofit or public organization that has expertise in the planning and delivery of education and related programs, in forging coordination and cooperation between educators and educational institutions with other members of the community, or in training educators and other deliverers of educational services. (e) Intermediary Organization The term intermediary organization means a nonprofit organization that has expertise in training, forging public-private partnerships, systems development, capacity-building, improving scalability, evaluation, and development and implementation of data systems that measure the progress of students, schools and other educational institutions, and programs. . 402. TRIO programs Section 402A of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–11 ) is amended— (1) in subsection (b)(1)— (A) by striking For the purposes described and inserting the following: (A) In general For the purposes described ; and (B) by adding at the end the following: (B) Community partners and intermediary organizations An eligible entity described in subparagraph (A) of a grant or contract under this chapter shall, to the extent feasible, carry out the grant or contract— (i) with one or more community partners, including through joint planning and implementation, shared professional development designed to improve the effectiveness of such eligible entity and community partner staff, development and implementation of shared data systems that support the improvement of the operations and outcomes of the program carried out with such grant or contract, and the alignment and coordination of such eligible entity and community partner goals, activities, and training; and (ii) with the involvement of one or more intermediary organizations that will assist such eligible entity by training staff, providing technical assistance that is designed to ensure continuous improvement, helping to ensure accountability for results, and helping to ensure that the grant or contract funds flow quickly and effectively to effective service providers and activities. ; (2) in subsection (c)(6), by adding at the end the following: The Secretary shall also encourage recipients of grants and contracts under this chapter to enter into data-sharing agreements with other agencies and organizations so as to provide for shared access to information on student progress and success (consistent with the requirements of subpart 4 of part C of the General Education Provisions Act ( 20 U.S.C. 1232f et seq. )), integrated planning and review of the data, and coordinated adjustments in program strategies and activities in response to changes in student needs or to new challenges. ; and (3) in subsection (f)(3)— (A) in subparagraph (A)— (i) by redesignating clauses (v) and (vi), as clauses (vi) and (vii), respectively; and (ii) by inserting after clause (iv) the following new clause: (v) student acquisition of 21st Century skills (such as critical thinking, problem-solving, communication and collaboration); ; and (B) in subparagraph (B)— (i) by redesignating clauses (v), (vi), and (vii), as clauses (vi), (vii), and (viii), respectively; and (ii) by inserting after clause (iv) the following new clause: (v) student acquisition of 21st Century skills (such as critical thinking, problem-solving, communication and collaboration); . 403. GEAR UP (a) Definition of eligible entity Section 404A(c)(2) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–21(c)(2) ) is amended— (1) in subparagraph (A)— (A) by striking and at the end of clause (i); and (B) by adding at the end the following: (iii) one or more community partners; and ; and (2) in subparagraph (B), by inserting intermediary organizations, after subpart 4, . (b) Requirements Section 404B(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–22(b) ) is amended— (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) by striking Each eligible entity and inserting the following: (1) In general Each eligible entity ; and (3) by adding at the end the following: (2) Data sharing Each eligible entity receiving a grant under this chapter shall, to the extent feasible, enter into data-sharing agreements with other organizations or agencies so as to provide for shared access to information on student progress and success (consistent with the requirements of subpart 4 of part C of the General Education Provisions Act ( 20 U.S.C. 1232f et seq. )), integrated planning and joint review of the data, and coordinated adjustments in program strategies and activities in response to changes in student needs or to new challenges. . (c) Applications Section 404C(a)(2) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–23(a)(2) ) is amended— (1) by striking and at the end of subparagraph (I); (2) by striking the period and inserting ; and at the end of subparagraph (J); and (3) by adding at the end the following: (K) describe, in the case of an eligible entity described in section 404A(c)(2), how the entities included in the partnership will engage in— (i) joint planning and implementation; (ii) shared professional development designed to improve the effectiveness of school, community partner, and other staff; (iii) development and implementation of shared data systems that support program improvement and the improvement of program outcomes; and (iv) the alignment and coordination of local educational agency, school, community partner, and other partnership members’ goals, activities, and training. . (4) Activities Section 404D(a)(3) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–24(a)(3) ) is amended— (A) by striking and at the end of subparagraph (A); (B) by striking the period at the end of subparagraph (B) and inserting ; and ; and (C) by adding at the end the following: (C) at the discretion of the eligible entity, acquire 21st Century skills (such as critical thinking, problem-solving, communication, and collaboration). . 404. Maintenance and expansion of existing programs (a) Program authority Section 418A(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1070d–2(a) ) is amended— (1) by striking The Secretary shall and inserting the following: (1) In general The Secretary shall ; and (2) by adding at the end the following: (2) Community partners and intermediary organizations Each such program shall be implemented— (A) in partnership with one or more community partners, including through joint planning and implementation, shared professional development designed to improve the effectiveness of, as applicable, school, institution of higher education, nonprofit organization, and community partner staff, development and implementation of shared data systems that support program improvement and the improvement of program outcomes, and the alignment and coordination of, as applicable, school, institution of higher education, nonprofit organization, and community partner goals, activities, and training; and (B) with the involvement of one or more intermediary organizations that assist the grantee by training staff, providing technical assistance that is designed to ensure continuous improvement, helping to ensure accountability for results, and helping to ensure that program funds flow quickly and effectively to effective service providers and activities. (3) Data sharing Each such program shall include the implementation of one or more data-sharing agreements that between the grantee and other organizations or agencies that provide for shared access to information on student progress and success (consistent with the requirements of subpart 4 of part C of the General Education Provisions Act ( 20 U.S.C. 1232f et seq. )), integrated planning and joint review of the data, and coordinated adjustments in program strategies and activities in response to changes in student needs or to new challenges. . (b) Services provided Section 418A(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1070d–2(b) ) is amended— (1) by striking and at the end of paragraph (8); (2) by redesignating paragraph (9) as paragraph (10); and (3) by inserting after paragraph (8) the following: (9) activities designed to ensure that participants acquire 21st Century skills (such as critical thinking, problem-solving, communication, and collaboration); and .
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113-hr-5570
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I 113th CONGRESS 2d Session H. R. 5570 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Clyburn (for himself, Ms. Fudge , Mr. Bishop of Georgia , Ms. Brown of Florida , Mr. Butterfield , Mr. Clay , Mr. Conyers , Mr. Ellison , Mr. Fattah , Mr. Hastings of Florida , Mr. Horsford , Ms. Jackson Lee , Mr. Jeffries , Mr. Johnson of Georgia , Ms. Eddie Bernice Johnson of Texas , Ms. Lee of California , Mr. Rangel , Mr. Richmond , Mr. Rush , Mr. Scott of Virginia , and Ms. Wilson of Florida ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To reauthorize the Historically Black Colleges and Universities Historic Preservation program.
1. Historically Black Colleges and Universities Historic Preservation program reauthorized Section 507(d)(2) of the Omnibus Parks and Public Lands Management Act of 1996 ( 16 U.S.C. 470a note) is amended by striking the period at the end and inserting and each of fiscal years 2015 through 2024 .
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113-hr-5571
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I 113th CONGRESS 2d Session H. R. 5571 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Clyburn (for himself, Ms. Bass , Mrs. Beatty , Mr. Bishop of Georgia , Ms. Brown of Florida , Mr. Butterfield , Mr. Carson of Indiana , Mrs. Christensen , Ms. Clarke of New York , Mr. Clay , Mr. Cleaver , Mr. Conyers , Mr. Cummings , Mr. Danny K. Davis of Illinois , Ms. Edwards , Mr. Ellison , Mr. Fattah , Mr. Al Green of Texas , Mr. Hastings of Florida , Mr. Horsford , Ms. Jackson Lee , Mr. Jeffries , Ms. Eddie Bernice Johnson of Texas , Mr. Johnson of Georgia , Ms. Lee of California , Mr. Lewis , Mr. Meeks , Ms. Moore , Ms. Norton , Mr. Payne , Mr. Rangel , Mr. Richmond , Mr. Rush , Mr. David Scott of Georgia , Mr. Scott of Virginia , Ms. Sewell of Alabama , Mr. Thompson of Mississippi , Mr. Veasey , Ms. Waters , and Ms. Wilson of Florida ) introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committees on Agriculture , Transportation and Infrastructure , Financial Services , Science, Space, and Technology , Energy and Commerce , 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 provide an increased allocation of funding for assistance in persistent poverty counties, and for other purposes.
1. Short title This Act may be cited as the 10-20-30 Act of 2014 . 2. Allocation of funds for assistance in persistent poverty counties (a) In general Notwithstanding any other provision of law, of the funds made available (if any) in each of fiscal years 2015 through 2025 in any appropriations Act for each of the following accounts or activities, 10 percent of such funds shall be allocated for assistance in persistent poverty counties: (1) Department of Agriculture, Rural Development Programs . (2) Department of Commerce, Economic Development Administration, Economic Development Assistance Programs . (3) Department of Commerce, National Institute of Standards and Technology, Construction . (4) Department of Education, Fund for the Improvement of Education . (5) Department of Education, Fund for the Improvement of Postsecondary Education . (6) Department of Labor, Employment and Training Administration, Training and Employment Services . (7) Department of Health and Human Services, Health Resources and Services Administration . (8) Department of Housing and Urban Development, Economic Development Initiative . (9) Department of Justice, Office of Justice Programs . (10) Environmental Protection Agency, State and Tribal Assistance Grants, Water and Wastewater . (11) Department of Transportation, Federal Highway Administration, Transportation Community and System Preservation . (12) Department of the Treasury, Community Development Financial Institutions . (b) Determination of persistent poverty counties For purposes of this section, the term persistent poverty counties means any county with a poverty rate of at least 20 percent, as determined in each of the 1990 and 2000 decennial censuses and the Bureau of the Census’s Small Area Income and Poverty Estimates ( SAIPE ) for the most recent year for which SAIPE data is available. (c) Reports Not later than six months after the date of the enactment of this Act, each department or agency listed in subsection (a) shall submit to Congress a progress report on the implementation of this section.
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113-hr-5572
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I 113th CONGRESS 2d Session H. R. 5572 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Conyers (for himself, Mr. Cohen , Mr. Grijalva , and Mr. Ellison ) introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committees on Armed Services and Veterans’ Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide consumer protections for students.
1. Short title This Act may be cited as the Protecting Students from Worthless Degrees Act . 2. Consumer protections for students (a) In general (1) Definitions In this section: (A) Federal financial assistance program The term Federal financial assistance program means a program authorized and funded by the Federal Government under any of the following provisions of law: (i) Title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ). (ii) Title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ). (iii) The Adult Education and Family Literacy Act ( 20 U.S.C. 9201 et seq. ). (iv) Chapter 30, 31, 32, 33, 34, or 35 of title 38, United States Code. (v) Chapter 101, 105, 106A, 1606, 1607, or 1608 of title 10, United States Code. (vi) Section 1784a, 2005, or 2007 of title 10, United States Code. (B) Institution of higher education The term institution of higher education — (i) with respect to a program authorized under subparagraph (A)(i), has the meaning given the term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ); (ii) with respect to a program authorized under subparagraph (A)(ii), has the meaning given the term postsecondary educational institution as defined in section 101 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 ); (iii) with respect to a program authorized under subparagraph (A)(iii), has the meaning given the term postsecondary educational institution as defined in section 203 of the Adult Education and Family Literacy Act ( 20 U.S.C. 9202 ); (iv) with respect to a program authorized under subparagraph (A)(iv), has the meaning given the term educational institution under section 3452 of title 38, United States Code; (v) with respect to a program authorized under subparagraph (A)(v), means an educational institution that awards a degree or certificate and is located in any State; and (vi) with respect to a program authorized under subparagraph (A)(vi), means an educational institution that awards a degree or certificate and is located in any State. (C) State (i) State The term State includes, in addition to the several States of the United States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, and the freely associated States. (ii) Freely associated States The term freely associated States means the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. (2) Consumer protections Notwithstanding any other provision of law, an institution of higher education is not eligible to participate in a Federal financial assistance program with respect to any program of postsecondary education or training, including a degree or certificate program, that is designed to prepare students for entry into a recognized occupation or profession that requires licensing or other established requirements as a pre-condition for entry into such occupation or profession, unless— (A) the successful completion of the program fully qualifies a student, in the Metropolitan Statistical Area and State in which the student resides (and in any State in which the institution indicates, through advertising or marketing activities or direct contact with potential students, that a student will be prepared to work in the occupation or profession after successfully completing the program), to— (i) take any examination required for entry into the recognized occupation or profession in the Metropolitan Statistical Area and State in which the student resides, including satisfying all Federal, State, or professionally mandated programmatic and specialized accreditation requirements, if any; and (ii) be certified or licensed or meet any other academically related pre-conditions that are required for entry into the recognized occupation or profession in the State; and (B) the institution offering the program provides timely placement for all of the academically related pre-licensure requirements for entry into the recognized occupation or profession, such as clinical placements, internships, or apprenticeships. (3) Regulations on pre-accredited programs The Secretary of Education shall promulgate regulations on requirements of an institution of higher education with respect to any program of the institution that is in a pre-accredited status, including limitations on, or requirements of, advertisement of the program to students. Such regulations shall be consistent with the provisions of paragraph (2). (4) Loan discharge The Secretary of Education shall promulgate regulations that condition eligibility for an institution of higher education to participate in any Federal financial assistance program on the institution signing with each student enrolled in any program of the institution that is in a pre-accredited status, a loan discharge agreement. (b) Effective date This section shall be effective on the date that is 1 year after the date of enactment of this Act.
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113-hr-5573
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I 113th CONGRESS 2d Session H. R. 5573 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Cook introduced the following bill; which was referred to the Committee on Natural Resources A BILL To establish the Alabama Hills National Scenic Area in the State of California, and for other purposes.
1. Definitions In this Act: (1) Management plan The term management plan means the management plan for the National Scenic Area developed under section 3(a). (2) Map The term Map means the map titled Proposed Alabama Hills National Scenic Area , dated September 8, 2014. (3) Motorized vehicles The term motorized vehicles means motorized or mechanized vehicles and includes, when used by utilities, mechanized equipment, helicopters, and other aerial devices necessary to maintain electrical or communications infrastructure. (4) National scenic area The term National Scenic Area means the Alabama Hills National Scenic Area established by section 2(a). (5) Secretary The term Secretary means the Secretary of the Interior. (6) State The term State means the State of California. (7) Tribe The term Tribe means the Lone-Pine Paiute Shoshone Tribe. (8) Utility facility The term utility facility means any and all existing and future electric generation facilities, electric storage facilities, overhead and/or underground electrical supply systems and communication systems consisting of electric substations, electric lines, poles and towers made of various materials, H frame structures, guy wires and anchors, crossarms, wires, underground conduits, cables, vaults, manholes, handholes, above-ground enclosures, markers and concrete pads and other fixtures, appliances and communication circuits, and other fixtures, appliances and appurtenances connected therewith necessary or convenient for the construction, operation, regulation, control, grounding and maintenance of electric generation, storage, lines and communication circuits, for the purpose of transmitting intelligence and generating, storing, distributing, regulating and controlling electric energy to be used for light, heat, power, communication, and other purposes. 2. Alabama Hills National Scenic Area, California (a) Establishment Subject to valid, existing rights, there is established in Inyo County, California, the Alabama Hills National Scenic Area. The National Scenic Area shall be comprised of the approximately 18,610 acres generally depicted on the Map as National Scenic Area . (b) Purpose The purpose of the National Scenic Area is to conserve, protect, and enhance for the benefit, use, and enjoyment of present and future generations the nationally significant scenic, cultural, recreational, geological, educational, biological, historical, cinematographic, and scientific resources of the National Scenic Area managed consistent with the principles of multiple use as defined in the Federal Land Policy and Management Act of 1976. (c) Map; legal descriptions (1) In general As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of the National Scenic Area with— (A) the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Natural Resources of the House of Representatives. (2) Force of law The map and legal descriptions filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct any clerical and typographical errors in the map and legal descriptions. (3) Public availability Each map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service and Bureau of Land Management. (d) Administration The Secretary shall manage the National Scenic Area— (1) as a component of the National Landscape Conservation System; (2) so as not to impact the future continuing operations and maintenance of any activities associated with valid, existing rights, including water rights; (3) in a manner that conserves, protects, and enhances the resources and values of the National Scenic Area described in subsection (b); and (4) in accordance with— (A) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); (B) this Act; and (C) any other applicable laws. (e) Management (1) In general The Secretary shall allow only such uses of the National Scenic Area as the Secretary determines would support the purposes of the National Scenic Area as described in subsection (b). (2) Recreational activities Except as otherwise provided in this Act or other applicable law, or as the Secretary determines to be necessary for public health and safety, the Secretary shall allow existing recreational uses of the National Scenic Area to continue, including hiking, mountain biking, rock climbing, sightseeing, horseback riding, hunting, fishing, and appropriate authorized motorized vehicle use. (3) Motorized vehicles Except as specified within this Act and/or in cases in which motorized vehicles are needed for administrative purposes, or to respond to an emergency, the use of motorized vehicles in the National Scenic Area shall be permitted only on— (A) roads and trails designated by the Director of the Bureau of Land Management for use of motorized vehicles as part of a management plan promoting a semi-primitive motorized experience; or (B) on county-maintained roads in accordance with applicable State and county laws. (f) Acquisition of land (1) In general The Secretary may acquire non-Federal land within the boundaries of the National Scenic Area only through exchange, donation, or purchase from a willing seller. (2) Management Land acquired under paragraph (1) shall be— (A) considered to be a part of the National Scenic Area; and (B) managed in accordance with this Act and any other applicable laws. (g) No buffer zones (1) In general Nothing in this Act creates a protective perimeter or buffer zone around the National Scenic Area. (2) Activities outside national scenic area The fact that an activity or use on land outside the National Scenic Area can be seen or heard within the National Scenic Area shall not preclude the activity or use outside the boundaries of the National Scenic Area. (h) Access The Secretary shall continue to provide private landowners adequate access to inholdings in the National Scenic Area. (i) Filming Nothing in this Act prohibits filming (including commercial film production, student filming, and still photography) within the National Scenic Area— (1) subject to— (A) such reasonable regulations, policies, and practices as the Secretary considers to be necessary; and (B) applicable law; and (2) in a manner consistent with the purposes described in subsection (b). (j) Fish and wildlife Nothing in this Act affects the jurisdiction or responsibilities of the State with respect to fish and wildlife. (k) Livestock The grazing of livestock in the National Scenic Area, including grazing under the Alabama Hills allotment and the George Creek allotment, as established before the date of enactment of this Act, shall be permitted to continue— (1) subject to— (A) such reasonable regulations, policies, and practices as the Secretary considers to be necessary; and (B) applicable law; and (2) in a manner consistent with the purposes described in subsection (b). (l) Overflights Nothing in this Act restricts or precludes flights over the National Scenic Area or overflights that can be seen or heard within the National Scenic Area, including— (1) transportation, sightseeing and filming flights, general aviation planes, helicopters, hang-gliders, and balloonists, for commercial or recreational purposes; (2) low-level overflights of military aircraft; (3) flight testing and evaluation; or (4) the designation or creation of new units of special use airspace, or the establishment of military flight training routes, over the National Scenic Area. (m) Withdrawal Subject to this Act’s provisions and valid rights in existence on the date of enactment of this Act, including rights established by prior withdrawals, the Federal land within the National Scenic Area is withdrawn from all forms of— (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (n) Wildland fire operations Nothing in this Act prohibits the Secretary, in cooperation with other Federal, State, and local agencies, as appropriate, from conducting wildland fire operations in the National Scenic Area, consistent with the purposes described in subsection (b). (o) Grants; cooperative agreements The Secretary may make grants to, or enter into cooperative agreements with, State, tribal, and local governmental entities and private entities to conduct research, interpretation, or public education or to carry out any other initiative relating to the restoration, conservation, or management of the National Scenic Area. (p) Air and water quality Nothing in this Act modifies any standard governing air or water quality outside of the boundaries of the National Scenic Area. (q) Utility facilities and rights of way (1) Nothing in this Act shall— (A) affect the existence, use, operation, maintenance (including but not limited to vegetation control), repair, construction, reconfiguration, expansion, inspection, renewal, reconstruction, alteration, addition, relocation, improvement, funding, removal, or replacement of utility facilities or appurtenant rights of way within or adjacent to the National Scenic Area; (B) affect necessary or efficient access to utility facilities or rights of way within or adjacent to the National Scenic Area; (C) preclude the establishment of new utility facilities or rights of way (including instream sites, routes, and areas) within the National Scenic Area if such facilities are necessary for public health and safety, electricity supply, telecommunications, or other utility services; and/or (D) preclude the use of motorized vehicles on and off roads and trails designated for use by motorized vehicles, including but not limited to the use of mechanized equipment, helicopters, and/or other aerial vehicles or devices, as necessary or efficient for the performance of activities related to the operation, maintenance, expansion, and/or construction of any utility facilities, including lines, and/or rights of way. (2) Management Plan Consistent with this Act’s provisions, the Management Plan shall establish plans for maintenance of public utility and other rights of way within the National Scenic Area. 3. Management plan (a) In general Not later than 3 years after the date of enactment of this Act, in accordance with subsection (b), the Secretary shall develop a comprehensive plan for the long-term management of the National Scenic Area. (b) Consultation In developing the management plan, the Secretary shall consult with— (1) appropriate State, tribal, and local governmental entities, including Inyo County, the Los Angeles Department of Water and Power, and the Tribe; (2) investor-owned utilities, including Southern California Edison Company; and (3) members of the public. (c) Incorporation of management plan In developing the management plan, in accordance with this section, the Secretary— (1) may incorporate any provision of the relevant resource management plan in existence as of the date of enactment of this Act; and (2) shall allow, in perpetuity, recreational mining limited to the use of hand tools, metal detectors, hand-fed dry washers, vacuum cleaners, gold pans, small sluices, and similar items. (d) Interim management Pending completion of the management plan, the Secretary shall manage the National Scenic Area in accordance with— (1) section 2; and (2) the applicable management plan of the Bureau of Land Management in existence on the date of enactment of this Act. 4. Land taken into trust for Lone Pine Paiute-Shoshone Reservation (a) Trust land As soon as practicable after the date of the enactment of this Act, the Secretary shall take the approximately 132 acres of Federal land depicted on the Map as Lone Pine Paiute-Shoshone Reservation Addition into trust for the benefit of the Tribe, subject to the following: (1) Conditions The land shall be subject to all easements, covenants, conditions, restrictions, withdrawals, and other matters of record on the date of the enactment of this Act. (2) Exclusion The Federal lands over which the right-of-way for the Los Angeles Aqueduct is located, generally described as the 250-foot-wide right-of-way granted to the City of Los Angeles pursuant to the Act of June 30, 1906 (Chap. 3926), shall not be taken into trust for the Tribe. (b) Reservation land The land taken into trust pursuant to subsection (a) shall be considered part of the reservation of the Tribe. (c) Gaming prohibition Gaming under the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq. ) shall not be allowed on the land taken into trust pursuant to subsection (a). 5. Transfer of administrative jurisdiction Administrative jurisdiction of the approximately 40 acres of Federal land depicted on the Map as USFS Transfer to BLM is hereby transferred from the Forest Service under the Secretary of Agriculture to the Bureau of Land Management under the Secretary.
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113-hr-5574
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I 113th CONGRESS 2d Session H. R. 5574 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Crawford introduced the following bill; which was referred to the Committee on Armed Services A BILL To abolish the Chemical Corps of the Army and to transfer to the Ordnance Corps of the Army the functions of and members previously assigned to the Chemical Corps.
1. Abolition of Army Chemical Corps (a) Abolition; transfer of functions The Chemical Corps of the Army is hereby abolished. All the functions of the Chemical Corps are hereby transferred to the Ordnance Corps of the Army. The Secretary of the Army shall reassign to the Ordnance Corps all members and officers of the Army who were assigned to the Chemical Corps immediately before the enactment of this Act. (b) Conforming amendment Section 3063(a) of title 10, United States Code, is amended by— (1) striking paragraph (10); and (2) redesignating paragraphs (11) through (13) as paragraphs (10) through (12), respectively.
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113-hr-5575
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I 113th CONGRESS 2d Session H. R. 5575 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Crowley (for himself, Mr. Rangel , Mr. Meeks , and Mr. Nadler ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To direct the Secretary of Transportation to establish a program to provide grants to carry out projects to reduce railway noise levels that adversely impact schools located in urbanized areas, and for other purposes.
1. Short title This Act may be cited as the Peaceful Learning Act of 2014 . 2. Definitions (a) In general Except as otherwise specifically provided, in this Act the definitions in section 5302 of title 49, United States Code, shall apply. (b) Additional definitions In this Act, the following additional definitions apply: (1) Local educational agency The term local educational agency has the meaning given that term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Rail operator The term rail operator means an owner or operator of a fixed rail public transportation facility. (3) Railway noise The term railway noise means noise caused by a fixed rail public transportation facility. (4) School The term school means an elementary school or a secondary school (as those terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )). 3. Railway noise study (a) In General The Secretary of Transportation shall enter into an agreement with the National Academy of Sciences to conduct a study on railway noise in the United States. (b) Contents of Study In conducting the study, the National Academy of Sciences shall examine— (1) the threshold of railway noise at which health begins to be affected; (2) the effectiveness of noise abatement programs for railway noise on the property of a school; (3) the impacts of railway noise on schools; and (4) the noise assessment practices of the Department of Transportation and whether such practices fairly and accurately reflect the burden of noise on communities. (c) Report Not later than 12 months after the date of the agreement entered into under subsection (a), the National Academy of Sciences shall transmit to the Secretary a report on the results of the study. Upon receipt of the report, the Secretary shall transmit a copy of the report to the appropriate committees of Congress. 4. Noise measurement and exposure systems Not later than 12 months after the date of submission of the report under section 3, in consultation with the Administrator of the Environmental Protection Agency and Government, State, and interstate agencies that the Secretary of Transportation considers appropriate, the Secretary shall by regulation— (1) establish a single system of measuring railway noise that— (A) has a highly reliable relationship between projected railway noise exposure and surveyed reactions of individuals to noise; and (B) is applied uniformly in measuring railway noise near urbanized areas; (2) establish a single system for determining the exposure of individuals to railway noise in urbanized areas, including noise intensity, duration, frequency, and time of occurrence; and (3) based on the findings of the report required under section 3, determine minimum standards for railway noise levels on the property of a school located in an urbanized area. 5. Noise exposure maps (a) Submission and Preparation Not later than 12 months after the date of issuance of regulations under section 4, each rail operator shall submit to the Secretary of Transportation a noise exposure map showing any areas of nonconforming railway noise levels (based on the standards developed under section 4) that— (1) adversely impact a school located in an urbanized area; and (2) are caused by operations of the rail operator. (b) Revised Maps If a change in the rail operations of a rail operator described in subsection (a) establishes a substantial new nonconforming noise level on the property of a school located in an urbanized area, or significantly reduces nonconforming noise levels on the property of such a school, that is not reflected in the noise exposure map, the rail operator shall submit a revised noise exposure map to the Secretary showing the new nonconforming noise levels or noise level reduction. 6. Noise compatibility programs (a) Program submission A rail operator that submitted a noise exposure map under section 5 may submit a noise compatibility program to the Secretary of Transportation after— (1) consulting with public agencies and planning authorities in the area covered by the map; and (2) notice and an opportunity for a public hearing. (b) Contents of program A program submitted under subsection (a) shall state the measures the rail operator has taken or proposes to take to reduce existing nonconforming noise levels on the property of a school and prevent creating additional nonconforming noise levels in the area covered by the map. The measures may include constructing barriers or acoustical shielding and soundproofing of schools subject to a nonconforming noise level. (c) Approvals The Secretary shall approve or disapprove a program submitted under subsection (a) of this section not later than 180 days after receiving it. The Secretary shall approve the program if the program— (1) is reasonably consistent with achieving the goal of reducing nonconforming noise levels on the property of a school and preventing the introduction of additional nonconforming noise levels on the property of a school; and (2) provides for necessary revisions because of a revised map submitted under section 5. (d) Grants The Secretary may incur obligations to make grants from amounts available under section 8 to carry out a project under a part of a noise compatibility program approved under subsection (c). A grant may be made to a rail operator submitting the program to carry out the program directly or in cooperation with— (1) a local educational agency of a school that is subject to nonconforming noise levels; or (2) a unit of local government in the area surrounding the school that has nonconforming noise levels. (e) Federal share The Federal share of a project for which a grant is made under subsection (d) is 80 percent of the cost of the project. 7. Nonadmissibility of noise exposure map and related information as evidence No part of a noise exposure map or related information described in section 5 that is submitted to, or prepared by, the Secretary of Transportation and no part of a list of land uses the Secretary identifies as normally compatible with various exposures of individuals to noise may be admitted into evidence or used for any other purpose in a civil action asking for relief for noise resulting from the operation of a fixed rail public transportation facility. 8. Authorization of appropriations There are authorized to be appropriated from the Mass Transit Account of the Highway Trust Fund under section 5338 of title 49, United States Code, such funds as may be necessary to carry out this Act.
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113-hr-5576
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I 113th CONGRESS 2d Session H. R. 5576 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Crowley (for himself and Mr. Ellison ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To establish USAccounts, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the USAccounts: Investing in America’s Future 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. Findings. Sec. 3. USAccount Fund. Sec. 4. USAccounts. Sec. 5. Assignment, alienation, and treatment of deceased individuals. Sec. 6. Rules governing USAccounts relating to investment, accounting, and reporting. Sec. 7. USAccount Fund Board. Sec. 8. Fiduciary responsibilities. Sec. 9. Accounts disregarded in determining eligibility for Federal benefits. Sec. 10. Reports. Sec. 11. Tax provisions. (c) Definitions For purposes of this Act— (1) U SA ccount Fund The term USAccount Fund means the fund established under section 3. (2) U SA ccount The term USAccount means an account established under section 4. (3) Secretary The term Secretary means the Secretary of the Treasury or the Secretary’s delegate. (4) U SA ccount Fund Board The term USAccount Fund Board means the board established pursuant to section 7. (5) Executive Director The term Executive Director means the executive director appointed pursuant to section 7. 2. Findings The Congress finds the following: (1) There is a strong link between savings and economic opportunity. Children in the poorest fifth of households who manage to move up the income ladder as adults have almost ten times the wealth of those who remain at the bottom. (2) Even a small amount of children’s savings can have a significant impact on college success, a key driver of economic mobility. Low- and moderate-income children with less than $500 saved for college are three times more likely to enroll in college and four times more likely to graduate than children with no savings. (3) Most working families in America lack savings and face financial insecurity as a result. 44 percent of families are “liquid asset poor,” meaning they lack accessible savings to survive for three months at the Federal poverty level. (4) Families with children face additional barriers to building savings. These families are more likely than childless households to live in asset poverty. (5) The Great Recession has exacerbated financial insecurity for millions of American families. Between 2009 and 2011, the bottom 93 percent of households saw a drop in net worth, while the wealthiest 7 percent of households saw a significant increase in net worth. (6) Children’s savings accounts programs are evidence-based and have been tested throughout the country. In 2003, the Saving for Education, Entrepreneurship, and Downpayment (SEED) national demonstration project was established to evaluate the policy and practice of savings accounts for children. SEED found that even very low-income parents will save and invest for their children’s future if given the opportunity. (7) Since 2009, publicly funded, universal children’s savings accounts programs have launched citywide in San Francisco, California, countywide in Cuyahoga County, Ohio, and statewide in Nevada and Maine. Additional children’s savings programs serving thousands of children have launched or are launching in Colorado, Hawaii, Illinois, Kansas, Michigan, Minnesota, Mississippi, New Mexico, New York, Pennsylvania, South Dakota, Texas, Washington, and Washington, DC. (8) In order to expand economic opportunity and spur economic growth, the United States should promote savings and investments for all Americans. 3. USAccount Fund (a) Establishment There is established in the Treasury of the United States a fund to be known as the USAccount Fund . (b) Amounts held by Fund The USAccount Fund consists of the sum of all amounts paid into the Fund under this Act, increased by the total net earnings from investments of sums held in the Fund or reduced by the total net losses from investments of sums held in the Fund, and reduced by the total amount of payments made from the Fund (including payments for administrative expenses). (c) Use of Fund (1) In general The sums in the USAccount Fund are appropriated and shall remain available without fiscal year limitation— (A) to make contributions to USAccounts, (B) to invest under section 6, (C) to make distributions in accordance with this Act, (D) to pay the administrative expenses of carrying out this Act, and (E) to purchase insurance as provided in section 8(c)(2). (2) Exclusive purposes The sums in the USAccount Fund shall not be appropriated for any purpose other than the purposes specified in this section and may not be used for any other purpose. (d) Transfers to USAccount Fund The Secretary shall make transfers from the general fund of the Treasury to the USAccount Fund as follows: (1) Automatic contribution Upon receipt of a certification under section 4(b)(2) with respect to an individual, the Secretary shall transfer $500 to the USAccount of the individual. (2) Matching contributions Upon receipt of each certification under section 4(d) with respect to an individual, the Secretary shall transfer the matching amount to the USAccount of the individual. (e) Private contributions The Executive Director shall pay into the USAccount Fund such amounts as are contributed under section 4(c). (f) Prohibition on Use of Payroll Taxes To Fund USAccounts The USAccount Fund and USAccounts are wholly separate and unique from the Social Security system. No amount from any tax on employment may be contributed to the USAccount Fund or USAccounts. 4. USAccounts (a) In general (1) Establishment The Executive Director shall establish in the USAccount Fund an account (to be known as a USAccount ) for each qualifying child certified under subsection (b). Each such account shall be identified to its account holder by means of a unique personal identifier currently recognized by the Internal Revenue Service and shall remain in the USAccount Fund unless transferred to private management under subsection (g). (2) Account balance The balance in an account holder’s USAccount at any time is the excess of— (A) the sum of— (i) all deposits made into the USAccount Fund and credited to the account under paragraph (3), and (ii) the total amount of allocations made to and reductions made in the account pursuant to paragraph (4), over (B) the amounts paid out of the account with respect to such individual under subsection (d). (3) Crediting of contributions Pursuant to regulations which shall be prescribed by the Executive Director, the Executive Director shall credit to each USAccount the amounts paid into the USAccount Fund under section 3(d) which are attributable to the account holder of such account. (4) Allocation of earnings and losses The Executive Director shall allocate to each USAccount an amount equal to the net earnings and net losses from each investment of sums in the USAccount Fund which are attributable, on a pro rata basis, to sums credited to such account, reduced by an appropriate share of the administrative expenses paid out of the net earnings, as determined by the Executive Director. (b) Qualifying child For purposes of this Act— (1) In general The term qualifying child has the meaning given such term by section 24(c) of the Internal Revenue Code of 1986. (2) Certification of account holders On the date on which a qualifying child is registered for a USAccount, the Secretary shall certify to the Executive Director the name of such qualifying child. (c) Private contributions (1) In general The Executive Director shall accept cash contributions for payment into the USAccount Fund if such contribution is identified (in such manner as the Executive Director may require) with the account holder of a USAccount to whom it is to be credited at the time the contribution is made. (2) Alternative methods of contribution (A) Payroll deduction Under regulations prescribed by the Executive Director and at the election of the employer, contributions under paragraph (1) may be made through payroll deductions. (B) Tax refunds Under regulations prescribed by the Secretary, contributions under paragraph (1) may be made by an election to contribute all or a portion of the tax refund of the contributor. (3) Annual limitation No contribution may be accepted under paragraph (1)— (A) unless it is in cash, (B) after the date on which the USAccount holder ceases to be a qualifying child, and (C) except in the case of matching contributions under subsection (d), if such contribution would result in aggregate contributions for the calendar year exceeding $2,000. (d) Government matching contribution (1) In general Upon such showing as the Executive Director may require to establish the basis for certification, the Executive Director shall, with respect to each private contribution to the account of an account holder which is made before such account holder attains age 18, certify to the Secretary the matching amount with respect to such contribution. (2) Matching amount (A) In general For purposes of this subsection, the term matching amount means, an amount equal to 100 percent of private contributions to the USAccount of an individual during any calendar year beginning after the calendar year in which the USAccount is established, not in excess of $500 for the calendar year. (B) Phaseout based on earned income credit phaseout The $500 in subparagraph (A) shall be reduced (but not below zero) by an amount equal to the phaseout percentage of so much of the adjusted gross income (or, if greater, the earned income) of the taxpayer for the taxable year as exceeds the phaseout amount. For purposes of this paragraph, terms used in the preceding sentence which are used in section 32 of the Internal Revenue Code of 1986 shall have the meanings given such terms by such section 32. (3) Private contribution For purposes of this subsection, the term private contribution means a contribution accepted under subsection (c). (e) Distributions (1) In general No amount may be distributed from a USAccount before the date on which the account holder attains the age of 18. (2) Higher education expenses Paragraph (1) shall not apply to amounts paid for qualified tuition and related expenses (as defined in section 25A(f)(1)) of the account holder if the account holder is an eligible student (as defined in section 25A(b)(3)) with respect to such expenses. (3) Rollover Distributions from a USAccount after the date on which the account holder attains the age of 18 which, within 60 days of such distribution, are transferred to an individual retirement plan (as defined in section 7701(a)(37) of the Internal Revenue Code of 1986) of the account holder shall be treated as a rollover contribution which meets the requirements of section 408(d)(3) of such Code. (4) Account termination (A) In general On the date on which the account holder attains age 19, the account shall cease to be treated as a USAccount and any remaining funds in the account shall be distributed to the account holder’s retirement savings vehicle established pursuant to the Presidential Memorandum on Retirement Savings Security issued January 28, 2014. (B) Special rule relating to MyIRA Amounts transferred to a savings vehicle under subparagraph (A) may be distributed from such vehicles during the 10-year period beginning on the date of such transfer without any penalty under the Internal Revenue Code of 1986. (f) Rights of legal guardian Until the account holder of a USAccount attains age 18, any rights or duties of the account holder under this Act with respect to such account shall be exercised or performed by the legal guardian of such account holder. (g) Private management (1) In general The account holder of a USAccount may elect, under regulations prescribed by the Secretary, to transfer the USAccount to a trustee who meets the requirements of paragraph (2). (2) Trustee requirements A trustee meets the requirements of this paragraph if the trustee— (A) is a bank (as defined in section 408(n)) or another person who demonstrates to the satisfaction of the Secretary that the manner in which that person will administer the USAccount will be consistent with the requirements of this Act or who has so demonstrated with respect to any USAccount, (B) agrees to a cap on its fees and costs, as determined by the Treasury, for the management of USAccounts, (C) provides an investment fund that maximizes growth over time while minimizing risk, and (D) provides the safeguards with respect to USAccounts required by the Secretary. (3) Additional requirements For purposes of this subsection, rules similar to the rules of paragraphs (3), (4), and (5) of section 408 of the Internal Revenue Code of 1986 shall apply. (h) Adjustment for inflation (1) In general For each calendar year beginning after 2015, the dollar amounts under sections 3(d)(1), 4(c)(3)(C), and 4(d)(2) shall each be increased by such dollar amount multiplied by the cost-of-living adjustment determined under section 1(f)(3) of the Internal Revenue Code of 1986 determined by substituting calendar year 2014 for calendar year 1992 in subparagraph (B) thereof. (2) Rounding If any amount adjusted under clause (i) is not a multiple of $50, such amount shall be rounded to the next lowest multiple of $50. 5. Assignment, alienation, and treatment of deceased individuals (a) Assignment and alienation Under regulations which shall be prescribed by the Executive Director, rules relating to assignment and alienation applicable under chapter 84 of title 5, United States Code, with respect to amounts held in accounts in the Thrift Savings Fund shall apply with respect to amounts held in USAccounts in the USAccount Fund. (b) Treatment of accounts of deceased individuals In the case of a deceased account holder of a USAccount which has an account balance greater than zero, upon receipt of notification of such individual’s death, the Executive Director shall close the account and shall transfer the balance in such account to the duly appointed legal representative of the estate of the deceased account holder, or if there is no such representative, to the person or persons determined to be entitled thereto under the laws of the domicile of the deceased account holder. 6. Rules governing USAccounts relating to investment, accounting, and reporting (a) Default investment program The USAccount Fund Board shall establish a default investment program under which, in a manner similar to a lifecycle investment program, sums in each USAccount are allocated to investment funds in the USAccount Fund based on the amount of time before the account holder attains the age of 18. Each account holder of a USAccount shall be enrolled in such program unless such account holder, in such form and manner as prescribed by the Executive Director, elects otherwise. (b) Other rules (1) In general Under regulations which shall be prescribed by the Executive Director, and subject to the provisions of this Act, the following provisions shall apply with respect to the USAccount Fund and accounts maintained in such Fund in the same manner and to the same extent as such provisions relate to the Thrift Savings Fund and the accounts maintained in the Thrift Savings Fund: (A) Section 8438 of title 5, United States Code (relating to investment of the Thrift Savings Fund). (B) Section 8439(b) of such title (relating to engagement of independent qualified public accountant). (C) Section 8439(c) of such title (relating to periodic statements and summary descriptions of investment options). (D) Section 8439(d) of such title (relating to assumption of risk). (2) Application rules For purposes of paragraph (1), references in such sections 8438 and 8439 to an employee, Member, former employee, or former Member shall be deemed references to an account holder of a USAccount in the USAccount Fund. (c) Confidentiality and disclosure (1) In general Except as otherwise authorized by Federal law, the USAccount Fund Board, the Executive Director, and any employee of the USAccount Fund Board shall not disclose information with respect to the USAccount Fund and or any account maintained in such Fund. (2) Disclosure to designee of beneficiary The Executive Director may, subject to such requirements and conditions as he may prescribe by regulations, disclose such information with respect to the USAccount of the beneficiary to such person or persons as the beneficiary may designate in a request for or consent to such disclosure, or to any other person at the beneficiary’s request to the extent necessary to comply with a request for information or assistance made by the beneficiary to such other person. 7. USAccount Fund Board (a) In general There is established in the executive branch of the Government a USAccount Fund Board. (b) Composition, duties, and responsibilities Subject to the provisions of this Act, the following provisions shall apply with respect to the USAccount Fund Board in the same manner and to the same extent as such provisions relate to the Federal Retirement Thrift Investment Board: (1) Section 8472 of title 5, United States Code (relating to composition of Federal Retirement Thrift Investment Board). (2) Section 8474 of such title (relating to Executive Director). (3) Section 8475 of such title (relating to investment policies). (4) Section 8476 of such title (relating to administrative provisions). 8. Fiduciary responsibilities (a) In general Under regulations of the Secretary of Labor, the provisions of sections 8477 and 8478 of title 5, United States Code, shall apply in connection with the USAccount Fund and the accounts maintained in such Fund in the same manner and to the same extent as such provisions apply in connection with the Thrift Savings Fund and the accounts maintained in the Thrift Savings Fund. (b) Investigative authority Any authority available to the Secretary of Labor under section 504 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1134 ) is hereby made available to the Secretary of Labor, and any officer designated by the Secretary of Labor, to determine whether any person has violated, or is about to violate, any provision applicable under subsection (a). (c) Exculpatory provisions; insurance (1) In general Any provision in an agreement or instrument which purports to relieve a fiduciary from responsibility or liability for any responsibility, obligation, or duty under this Act shall be void. (2) Insurance Amounts in the USAccount Fund available for administrative expenses shall be available and may be used at the discretion of the Executive Director to purchase insurance to cover potential liability of persons who serve in a fiduciary capacity with respect to the Fund and accounts maintained therein, without regard to whether a policy of insurance permits recourse by the insurer against the fiduciary in the case of a breach of a fiduciary obligation. 9. Accounts disregarded in determining eligibility for Federal benefits Amounts in any USAccount shall not be taken into account in determining any individual’s or household’s financial eligibility for, or amount of, any benefit or service, paid for in whole or in part with Federal funds, including student financial aid. 10. Reports The Executive Director, in consultation with the Secretary, shall annually transmit a written report to the Congress. Such report shall include— (1) a detailed description of the status and operation of the USAccount Fund and the management of the USAccounts, and (2) a detailed accounting of the administrative expenses in carrying out this Act, including the ratio of such administrative expenses to the balance of the USAccount Fund and the methodology adopted by the Executive Director for allocating such expenses among the USAccounts. 11. Tax provisions (a) Tax treatment of USAccounts Subchapter F of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: IX USAccount Fund and USAccounts Sec. 530A. USAccount Fund and USAccounts. 530A. USAccount Fund and USAccounts (a) General Rule The USAccount Fund and USAccounts shall be exempt from taxation under this subtitle. Notwithstanding the preceding sentence, a USAccount shall be subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable organizations). (b) Definitions For purposes of this section, the terms USAccount Fund and USAccount have the meanings given such terms by the USAccounts: Investing in America’s Future Act of 2014 . (c) Tax treatment of distributions Any amount paid or distributed out of a USAccount— (1) which meets the distribution rules of the USAccounts: Investing in America’s Future Act of 2014 shall not be includible in gross income, and (2) which does not meet the distribution rules of section 4(d) of such Act shall be included in the gross income of the account holder. . (b) Enforcement provisions relating to private management of USAccounts (1) Excess contributions Section 4973 of the Internal Revenue Code of 1986 is amended— (A) by striking or at the end of subsection (a)(4), by inserting or at the end of subsection (a)(5), and by inserting after subsection (a)(5) the following new paragraph: (5) a USAccount subject to management under section 4(g) of the USAccounts: Investing in America’s Future Act of 2014 , , and (B) by adding at the end the following new subsection: (h) Excess contributions to privately managed USAccounts For purposes of this section, in the case of a USAccount subject to management under section 4(g) of the USAccounts: Investing in America’s Future Act of 2014 , the term excess contributions means the sum of— (1) the aggregate amount contributed for the taxable year to the account, and (2) the amount determined under this subsection for the preceding taxable year, reduced by the sum of— (A) the distributions out of the account, and (B) the excess (if any) of— (i) the maximum amount allowable as a contribution under section 4(c)(3)(C) of the USAccounts: Investing in America’s Future Act of 2014 for the taxable year, over (ii) the amount contributed to the account for the taxable year. . (2) Prohibited transactions Section 4975 of the Internal Revenue Code of 1986 is amended— (A) by adding at the end of subsection (c) the following new paragraph: (7) Special rule for USAccounts An individual for whose benefit a USAccount subject to management under section 4(g) of the USAccounts: Investing in America’s Future Act of 2014 shall be exempt from the tax imposed by this section with respect to any transaction concerning such account (which would otherwise be taxable under this section) if, with respect to such transaction, the account ceases to be a USAccount by reason of the application of section 530A(c)(2) to such account. , and (B) in subsection (e)(1) by redesignating subparagraph (G) as subparagraph (H) and by inserting after subparagraph (F) the following new subparagraph: (G) a USAccount subject to management under section 4(g) of the USAccounts: Investing in America’s Future Act of 2014 , . (c) Increase in child tax credit (1) In general Section 24 of the Internal Revenue Code of 1986 is amended by adding at the end the following: (g) USAccount contributions For purposes of this section— (1) In general The amount allowed as a credit under subsection (a) shall be increased by the USAccount contribution amount. (2) U SA ccount contribution amount The term USAccount contribution amount means with respect to each qualifying child the amount contributed by the taxpayer to the USAccount of the taxpayer for the taxable year which is taken into account under section 4(d)(2)(B)(i) of the USAccounts: Investing in America’s Future Act of 2014 . (3) Limitation The amount under paragraph (2) shall be reduced (but not below zero) under subsection (b)(1) in the same manner as the credit under subsection (a) is reduced under subsection (b)(1). (4) Amount fully refundable The aggregate credits allowed to the taxpayer under subpart C shall be increased by the amount of the increase under this subsection and such amount— (A) shall not be treated as a credit allowed under this subpart, and (B) shall reduce the amount of credit otherwise allowable under subsection (a) without regard to section 26(a). . (2) Effective date The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2014.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5576ih/xml/BILLS-113hr5576ih.xml
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113-hr-5577
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I 113th CONGRESS 2d Session H. R. 5577 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mrs. Davis of California introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Higher Education Act of 1965 to eliminate origination fees for Federal Direct Loans.
1. Elimination of origination fees for Federal Direct Loans (a) Sense of Congress It is the sense of Congress that no origination fees should be charged on any future Federal Direct Loans. (b) Repeal of origination fees Subsection (c) of section 455 ( 20 U.S.C. 1087e(c) ) is repealed. (c) Effective date The amendment made by subsection (b) shall apply with respect to loans made under part D of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087a et seq. ) for which the first disbursement of principal is made, or, in the case of a Federal Direct Consolidation Loan, the application is received, on or after July 1, 2015.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5577ih/xml/BILLS-113hr5577ih.xml
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113-hr-5578
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I 113th CONGRESS 2d Session H. R. 5578 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Rodney Davis of Illinois 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 the exclusion for employer-provided educational assistance to employer payment of interest on certain refinanced student loans.
1. Short title This Act may be cited as the Employer Participation in Refinancing Act . 2. Exclusion for employer payment of interest on certain refinanced student loans (a) In general Paragraph (1) of section 127(c) of the Internal Revenue Code of 1986 is amended by striking and at the end of subparagraph (A), by redesignating subparagraph (B) as subparagraph (C), and by inserting after subparagraph (A) the following new subparagraph: (B) the payment by an employer, whether paid to the employee or to a lender, of any indebtedness of the employee under a qualified education refinance loan or any interest relating to such a loan, and . (b) Qualified education refinance loan Subsection (c) of section 127 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (8) Qualified education refinance loan The term qualified education refinance loan means any indebtedness used solely to refinance a qualified education loan (within the meaning of section 221(d)(1)) with respect to which the lender offers the borrower protection in the event of unemployment or financial hardship (as reasonably determined by the lender, including periods of forbearance or career assistance). . (c) Conforming amendment; denial of double benefit Paragraph (1) of section 221(e) of the Internal Revenue Code of 1986 is amended by inserting before the period the following: , or for which an exclusion is allowable under section 127 to the taxpayer's employer by reason of the payment by such employer of any indebtedness on a qualified education loan of the taxpayer . (d) Effective date The amendments made by this section shall apply to expenses paid after December 31, 2014.
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113-hr-5579
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I 113th CONGRESS 2d Session H. R. 5579 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Rodney Davis of Illinois (for himself and Mr. Lipinski ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Internal Revenue Code of 1986 to allow employers a credit against income tax for employees who participate in qualified apprenticeship programs.
1. Short title This Act may be cited as the Leveraging and Energizing America’s Apprenticeship Programs Act or the LEAP Act . 2. Credit for employees participating in qualified apprenticeship programs (a) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 45S. Employees participating in qualified apprenticeship programs (a) In general For purposes of section 38, the apprenticeship credit determined under this section for the taxable year is an amount equal to the sum of the applicable credit amounts (as determined under subsection (b)) for each of the apprenticeship employees of the employer that exceeds the applicable apprenticeship level (as determined under subsection (e)) during such taxable year. (b) Applicable credit amount For purposes of subsection (a), the applicable credit amount for each apprenticeship employee for each taxable year is equal to— (1) in the case of an apprenticeship employee who has not attained 25 years of age at the close of the taxable year, $1,500, or (2) in the case of an apprenticeship employee who has attained 25 years of age at the close of the taxable year, $1,000. (c) Limitation on number of years which credit may be taken into account The apprenticeship credit shall not be allowed for more than 2 taxable years with respect to any apprenticeship employee. (d) Apprenticeship employee For purposes of this section, the term apprenticeship employee means any employee who is employed by the employer— (1) in an officially recognized apprenticeable occupation, as determined by the Office of Apprenticeship of the Employment and Training Administration of the Department of Labor, and (2) pursuant to an apprentice agreement registered with— (A) the Office of Apprenticeship of the Employment and Training Administration of the Department of Labor, or (B) a State apprenticeship agency. (e) Applicable apprenticeship level (1) In general For purposes this section, the applicable apprenticeship level shall be equal to— (A) in the case of any apprenticeship employees described in subsection (b)(1), the amount equal to 80 percent of the average number of such apprenticeship employees of the employer for the 3 taxable years preceding the taxable year for which the credit is being determined, rounded to the next lower whole number; and (B) in the case of any apprenticeship employees described in subsection (b)(2), the amount equal to 80 percent of the average number of such apprenticeship employees of the employer for the 3 taxable years preceding the taxable year for which the credit is being determined, rounded to the next lower whole number. (2) First year of new apprenticeship programs In the case of an employer which did not have any apprenticeship employees during any taxable year in the 3 taxable years preceding the taxable year for which the credit is being determined, the applicable apprenticeship level shall be equal to zero. (f) Coordination with other credits The amount of credit otherwise allowable under sections 45A, 51(a), and 1396(a) with respect to any employee shall be reduced by the credit allowed by this section with respect to such employee. (g) Certain rules To apply Rules similar to the rules of subsections (i)(1) and (k) of section 51 shall apply for purposes of this section. . (b) Credit made part of general business credit Subsection (b) of section 38 of such Code is amended by striking plus at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting , plus , and by adding at the end the following new paragraph: (37) the apprenticeship credit determined under section 45S(a). . (c) Denial of double benefit Subsection (a) of section 280C of such Code is amended by inserting 45S(a), after 45P(a), . (d) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 45S. Employees participating in qualified apprenticeship programs. . (e) Effective date The amendments made by this section shall apply to individuals commencing apprenticeship programs after the date of the enactment of this Act. 3. Limitation on government printing costs Not later than 90 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall coordinate with the heads of Federal departments and independent agencies to— (1) determine which Government publications could be available on Government websites and no longer printed and to devise a strategy to reduce overall Government printing costs over the 10-year period beginning with fiscal year 2015, except that the Director shall ensure that essential printed documents prepared for social security recipients, medicare beneficiaries, and other populations in areas with limited Internet access or use continue to remain available; (2) establish Government-wide Federal guidelines on employee printing; and (3) issue guidelines requiring every department, agency, commission, or office to list at a prominent place near the beginning of each publication distributed to the public and issued or paid for by the Federal Government— (A) the name of the issuing agency, department, commission, or office; (B) the total number of copies of the document printed; (C) the collective cost of producing and printing all of the copies of the document; and (D) the name of the entity publishing the document.
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113-hr-5580
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I 113th CONGRESS 2d Session H. R. 5580 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Ms. DeLauro (for herself and Mr. Higgins ) introduced the following bill; which was referred to the Committee on the Budget A BILL To prioritize funding for the National Institutes of Health to discover treatments and cures, to maintain global leadership in medical innovation, and to restore the purchasing power the NIH had after the historic doubling campaign that ended in fiscal year 2003.
1. Short title This Act may be cited as the Accelerating Biomedical Research Act . 2. Findings Congress makes the following findings: (1) The National Institutes of Health (referred to in this section as the NIH ) is the leading biomedical research entity in the world. It supports researchers in every State as they discover treatments and cures to prevent and reduce human suffering. Thanks in large part to NIH-funded medical research, Americans today are living longer and healthier. Life expectancy in the United States has jumped from 47 years in 1900 to 78 years in 2009, and disability in people over age 65 has dropped dramatically in the past 3 decades. (2) Over the past 40 years, NIH-supported research contributed to the discovery of 153 new Food and Drug Administration-approved drugs, vaccines, or new indications for current drugs. (3) The application success rate is now at an all-time low. From 1980 to 2003, the last year of the doubling, the grant application success rate ranged between 25 and 35 percent. By 2013, the grant success rate had fallen to 16.8 percent. (4) Recent Federal funding cuts threaten to diminish United States leadership in the world. The international community has recognized the role biomedical research plays in generating economic growth. England, China, Brazil, South Korea, India, Singapore, Germany, France and Japan are increasing their investment, despite the worldwide recession. Only the United States has decreased its investment, from 0.215 percent of Gross Domestic Product in 2003 (the last year of the doubling) to 0.174 percent in 2013. In 8 years, if current trends continue, China will surpass the United States in total government biomedical research investment. (5) NIH is vital to the United States economy. In fiscal year 2012, the NIH extramural program supported around 50,000 competitive research grants and 300,000 scientists and research personnel at more than 2,500 universities, medical schools, and other research institutions across our 50 States. (6) Economists have estimated the return on each dollar of investment in NIH to generate anywhere from $1.80 to $3.20 in economic output. The Federal investment of $3,800,000,000 in the Human Genome Project from 1988 to 2003 helped drive $796,000,000,000 in economic output, which is a return of $141 for every $1 invested. (7) In 2013, sales of products built around licensed NIH and Food and Drug Administration inventions included 358 licensees reporting a total of $7,000,000,000 in sales. (8) The historic doubling of Federal funding for the National Institutes of Health ended in fiscal year 2003. Since that time, NIH appropriations have not kept up with biomedical inflation. NIH has lost more than 20 percent of its purchasing power for medical research since 2003. (9) If NIH had kept up with biomedical inflation, NIH’s appropriation would have totaled $37,000,000,000 in 2013, instead of the $28,900,000,000 that was actually appropriated, a loss of $8,100,000,000 or 28 percent. To restore funding to the 2003 post-doubling level would require Congress to appropriate $46,500,000,000 in fiscal year 2021, the final year of the Budget Control Act of 2011 ( Public Law 112–25 ). (10) High health care costs from a variety of common conditions threaten Federal, State, and local budgets, as well as the budgets of American families. Recent estimates indicate that the economic costs of Alzheimer’s disease is over $200,000,000,000 each year but will rise to over $1,000,000,000,000 by 2050 unless a prevention or cure is found. In 2006, economists found that a future 1 percent reduction in mortality rates from cancer would save $500,000,000,000 to current and future Americans. A cure for cancer was estimated to save $50,000,000,000,000 to Americans, more than 3 times the gross domestic product of the United States in 2012. The Centers for Disease Control and Prevention reports that annual costs from undiagnosed diabetes was $245,000,000,000 each year. And a recent study projects that by 2030, nearly 44 percent of the United States population will face some form of cardiovascular disease costing a total of $1,208,000,000,000 between 2012 and 2030. (11) Budget cap adjustments are how Congress traditionally prioritizes areas of spending that produce economic growth and reduce costs that contribute to the Federal debt. 3. Cap adjustment Section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)) is amended— (1) by redesignating subparagraph (D) as subparagraph (E); and (2) by inserting after subparagraph (C), the following: (D) National Institutes of Health (i) In general If a bill or joint resolution making appropriations for a fiscal year is enacted that specifies amounts for the National Institutes of Health at the Department of Health and Human Services (75–9915–1–1–552), then the adjustments for that fiscal year shall be the amount of additional new budget authority provided in that Act for such programs for that fiscal year, but shall not exceed— (I) for fiscal year 2015, $3,000,000,000 in additional new budget authority; (II) for fiscal year 2016, $6,300,000,000 in additional new budget authority; (III) for fiscal year 2017, $8,100,000,000 in additional new budget authority; (IV) for fiscal year 2018, $10,000,000,000 in additional new budget authority; (V) for fiscal year 2019, $12,000,000,000 in additional new budget authority; (VI) for fiscal year 2020, $14,100,000,000 in additional new budget authority; and (VII) for fiscal year 2021, $16,300,000,000 in additional new budget authority. (ii) Definitions As used in this subparagraph: (I) Additional new budget authority The term additional new budget authority means the amount provided for a fiscal year, in excess of $29,926,104,000, in an appropriation Act and specified to support the National Institutes of Health. (II) National Institutes of Health The term National Institutes of Health means the appropriations accounts that support the various institutes, offices, and centers that make up the National Institutes of Health. .
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113-hr-5581
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I 113th CONGRESS 2d Session H. R. 5581 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Ms. DeLauro introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Defense Production Act of 1950 to provide for a net benefit review of certain covered transactions, and for other purposes.
1. Short title This Act may be cited as the Foreign Investment and Economic Security Act of 2014 . 2. Review of greenfield investments Section 721(a)(3) of the Defense Production Act of 1950 ( 50 U.S.C. App. 2170(a)(3) ) is amended— (1) by striking means any merger and inserting the following: means— (A) any merger ; (2) by striking the period and inserting ; and ; and (3) by adding at the end the following: (B) any construction of a new facility in the United States by any foreign person. . 3. Net benefit review (a) In general Section 721 of the Defense Production Act of 1950 ( 50 U.S.C. App. 2170 ) is amended— (1) in subsection (b)— (A) in the heading for such subsection, by inserting and net benefit after National Security ; (B) in paragraph (1)— (i) in the heading for such paragraph, by inserting and net benefit after National security ; (ii) in subparagraph (A), by striking clauses (i) and (ii) and inserting the following: (i) shall— (I) review the covered transaction to determine the effects of the transaction on the national security of the United States; and (II) consider the factors specified in subsection (f) for such purpose, as appropriate; and (ii) shall review the covered transaction to determine whether such transaction is of net benefit to the United States, as provided under subsection (o). ; and (iii) by adding at the end the following: (G) Mandatory net benefit review for certain covered transactions The President and the Committee shall initiate a net benefit review of a covered transaction under subparagraph (A)(ii) if such transaction meets the requirements of paragraphs (1) and (2) of section 7A(a) of the Clayton Act (15 U.S.C. 18a(a)). ; and (C) in paragraph (3)(A), by inserting national security before review each place it appears in the heading and text of such subparagraph; and (2) by adding at the end the following: (o) Performance of net benefit determination (1) Factors to be considered For purposes of carrying out the net benefit determination under subsection (b)(1)(A)(ii), the President, acting through the Committee, shall consider— (A) the effect on the level of economic activity in the United States on— (i) the level and quality of employment; (ii) resource processing; (iii) the utilization of parts and services produced in the United States; (iv) the utilization of products, parts, and services imported into the United States; and (v) exports from the United States; (B) the effect of the proposed or pending transaction on productivity, industrial efficiency, technological development, technology transfers, and product innovation in the United States; (C) the effect of the proposed or pending transaction on competition within any industry in the United States or between the United States and other countries; (D) the compatibility of the proposed or pending transaction with national industrial, economic, and cultural policies; (E) the effect on the public health, safety, and well-being of United States consumers; (F) in the case of a covered transaction that is a foreign government-influenced transaction— (i) the governance and commercial orientation of the foreign person engaging in such transaction; (ii) how and the extent to which the foreign person engaging in such transaction is owned or controlled by a foreign government or its conduct and operations are influenced by a foreign government, including considering the stated government policies of the country of origin of the foreign person regarding government support or policies relating to the economic sector involved in such transaction; (iii) whether the foreign person engaging in such transaction— (I) adheres to United States standards of corporate governance (including commitments to transparency and disclosure, independent members of the board of directors, independent audit committees, and equitable treatment of shareholders); (II) adheres to United States laws and practices; and (III) is a foreign person of a country whose government has adequately engaged with the Securities and Exchange Commission and the Public Company Accounting Oversight Board in order to promote and ensure adequate transparency; and (iv) whether the foreign person engaging in such transaction will likely operate on a commercial basis if such transaction is completed, including with regard to— (I) where to export; (II) where to process; (III) the participation of United States citizens in its operations in the United States and elsewhere; (IV) the impact of the investment on productivity and industrial efficiency in the United States; (V) support of on-going innovation, research, and development in the United States; (VI) sourcing patterns; and (VII) the appropriate level of capital expenditures to maintain the United States business in a globally competitive position; and (G) such other factors as the Committee determines appropriate. (2) Determining net benefit In making a net benefit determination under subsection (b)(1)(A)(ii)— (A) judgments will be made both in measuring the effects of a proposed or pending transaction in relation to the relevant individual factors under paragraph (1) and in measuring the aggregate net effect after offsetting the negative effects, if any, against the positive ones; and (B) a proposed or pending transaction will be determined to be of net benefit to the United States when the aggregate net effect is positive, regardless of its extent over the short- and long-term. (3) Right to appeal; final determination (A) Appeal of determination If the Committee makes a determination that the covered transaction will not be of net benefit to the United States, the parties to the covered transaction may, within the 30-day period following such determination, submit additional information to the Committee to demonstrate that the transaction will be of net benefit to the United States. (B) Final determination The Committee shall— (i) make a final determination of whether the covered transaction will be of net benefit to the United States before the end of the 30-day period beginning on the date that additional information is submitted pursuant to subparagraph (A); and (ii) if such determination is that the covered transaction will not be of net benefit to the United States, refer such determination to the President. (4) Certifications to Congress Notwithstanding subsection (b)(3), upon a final determination by the Committee under this subsection, the chairperson and the head of the lead agency shall make certifications to the Congress on the net benefit determination that are as close as practicable to the certifications required under subsection (b)(3) for the national security review. (5) Action by President after net benefit review (A) In general If the Committee refers a determination to the President pursuant to paragraph (3)(ii), the President shall, within the 15-day period beginning on the date of such referral, review such determination and announce whether the President determines the covered transaction is of net benefit to the United States. (B) Factors to be considered For purposes of making a determination under subparagraph (A), the President shall consider, among other factors each of the factors described in paragraph (1), as appropriate. (C) Prohibition of certain transactions If the President, pursuant to subparagraph (A), determines that a covered transaction is not of net benefit to the United States, such covered transaction is prohibited. (D) Enforcement The President shall direct the Attorney General of the United States to seek appropriate relief, including divestment relief, in the district courts of the United States, in order to implement and enforce this paragraph. (E) Determinations nonreviewable A determination of the President under this paragraph shall not be subject to judicial review. (6) Committee membership for purposes of a net benefit determination For purposes of carrying out the net benefit determination under subsection (b)(1)(A)(ii) and this subsection, the Committee shall be composed of the following members or the designee of any such member: (A) The Attorney General of the United States. (B) The Secretary of Commerce. (C) The Secretary of Labor. (D) The Secretary of the Treasury. (E) The United States Trade Representative. (F) If the President determines that the covered transaction may affect the agricultural sector, including food safety, the Secretary of Agriculture. (G) If the President determines that the covered transaction may affect the public health, including food safety, the Secretary of Health and Human Services. (7) Foreign government-influenced transaction defined For purposes of this subsection, the term foreign government-influenced transaction means any covered transaction where the foreign person engaging in such transaction is owned, controlled, or influenced, directly or indirectly, by a foreign government. . (b) Rulemaking Not later than the end of the 180-day period beginning on the date of the enactment of this Act, the President shall issue regulations to carry out section 721(o) of the Defense Production Act of 1950, as added by subsection (a).
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113-hr-5582
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I 113th CONGRESS 2d Session H. R. 5582 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Ms. DeLauro (for herself, Mr. Courtney , Ms. Esty , Mr. Himes , and Mr. Larson of Connecticut ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To direct the Secretary of the Interior to carry out a study regarding the suitability and feasibility of establishing the Naugatuck River Valley National Heritage Area in Connecticut, and for other purposes.
1. Short title This Act may be cited as the Naugatuck River Valley National Heritage Area Study Act . 2. National park service study regarding Naugatuck River Valley, Connecticut (a) Findings Congress finds the following: (1) The area that encompasses the Naugatuck River Valley of Connecticut has made a unique contribution to the cultural, political, and industrial development of the United States. (2) The Naugatuck River Valley is comprised of 14 communities along the Naugatuck River, which stretches for more than 40 miles from its headwaters in Torrington, Connecticut, to the confluence with the Housatonic River in Shelton. The 14 municipalities of Torrington, Harwinton, Litchfield, Plymouth/Terryville, Thomaston, Waterbury, Watertown, Ansonia, Beacon Falls, Derby, Naugatuck, Oxford, Seymour, and Shelton, share common historical elements, agricultural, trade, and maritime origins, similar architecture, common industries, an immigrant culture succeeding colonial beginnings, and a significant contribution to the war effort from the Revolutionary War to World War II. Most of these elements are still in evidence today. (3) Three major industries drove the manufacturing contribution of the Valley. As evidenced in the book, The Brass Industry in the United States, by William Lathrop, the brass industry was born in Connecticut’s Naugatuck River Valley and harnessed the power of the Naugatuck River and the skilled immigrant workers who arrived from Germany, Ireland, Italy, and Poland. (4) The Naugatuck River Valley also spawned the birth of the rubber industry in the United States when Charles Goodyear developed the vulcanization process in 1839. Together with Samuel Lewis, a wealthy industrialist from Naugatuck, Connecticut, Goodyear parlayed his innovation into establishing the U.S. Rubber Company, making Naugatuck the rubber capital of the world. (5) The Naugatuck River Valley was also a major contributor to the success of the United States clock industry. Eli Terry designed interchangeable parts for his clocks assembled in Terryville. Renowned clockmaker Seth Thomas began making the first of millions of clocks in Thomaston, Connecticut, in 1813. His company continued until 1931 when it became a division of General Time Corporation (Timex). Other important industries included pens, evaporated milk, pianos and organs, corset stays, and cables. (6) The Naugatuck River Valley has been a major contributor to the United States war efforts from the American Revolution to the Civil War to World War II. In the 2007 PBS film “The War”, the story of World War II directed and produced by Ken Burns and Lynn Novick, the City of Waterbury, Connecticut, was characterized as the “arsenal” of the war effort because of its high concentration of war industries. (7) The Naugatuck River Valley has been home to many great authors, diplomats, inventors and patriots, such as David Humphreys, Aide-de-Camp to General George Washington and the first American ambassador; Commodore Isaac Hull, Commander of “Old Ironsides” during the War of 1812; Ebenezer D. Bassett, the country’s first black ambassador; Dr. John Howe, inventor of a pin making machine that made the common pin a household necessity; and Pierre Lallement, inventor of the modern two-wheel bicycle. (8) The Naugatuck River Valley possesses a rich and diverse assemblage of architecturally significant civic, industrial and residential structures and monuments dating from Colonial times to the present. There are 88 structures in the Naugatuck Valley included on the National Register of Historic Places. The first law school in America was built in Litchfield. Notable examples of the variety of architecture found in the Valley include Robert Wakeman Hill’s brilliantly designed Thomaston Opera House and Town Hall; H.E. Ficken’s acoustically impressive Sterling Opera House in Derby, site of appearances by many nationally known performers; Waterbury’s Clock Tower, designed by the renowned architectural firm of McKim, Mead & White which also designed four buildings in Naugatuck; Henry Bacon, designer of the Lincoln Memorial and two structures in Naugatuck; and the Father McGivney Statue cast by Joseph Coletti of Boston to honor the Waterburian who founded the Knights of Columbus. (9) The Naugatuck River Valley has been a melting pot for immigrant populations who have made significant contributions to the industrial, cultural, and economic development of the nation. (10) In 2011, the Naugatuck River Greenway was designated one of 101 projects nationwide selected by the Secretary of the Interior under the America’s Great Outdoors Initiative. This multi-sector partnership aims to restore and enhance the river by completing the Naugatuck River Greenway, creating new public access to the river, and opening fish passages on the river. (11) The Naugatuck River Valley possesses a group of public-spirited citizens dedicated to the preservation and promotion of the region’s natural, historic, and cultural heritage, and a passionate resolve to work together for the betterment of the Valley and its residents. (b) Study (1) In general The Secretary of the Interior shall, in consultation with the State of Connecticut and appropriate organizations, carry out a study regarding the suitability and feasibility of establishing the Naugatuck River Valley National Heritage Area in Connecticut. (2) Contents The study shall include analysis and documentation regarding whether the Study Area— (A) has an assemblage of natural, historic, and cultural resources that together represent distinctive aspects of American heritage worthy of recognition, conservation, interpretation, and continuing use, and are best managed through partnerships among public and private entities and by combining diverse and sometimes noncontiguous resources and active communities; (B) reflects traditions, customs, beliefs, and folklife that are a valuable part of the national story; (C) provides outstanding opportunities to conserve natural, historic, cultural, or scenic features; (D) provides outstanding recreational and educational opportunities; (E) contains resources important to the identified theme or themes of the Study Area that retain a degree of integrity capable of supporting interpretation; (F) includes residents, business interests, nonprofit organizations, and local and State governments that are involved in the planning, have developed a conceptual financial plan that outlines the roles for all participants, including the Federal Government, and have demonstrated support for the concept of a national heritage area; (G) has a potential management entity to work in partnership with residents, business interests, nonprofit organizations, and local and State governments to develop a national heritage area consistent with continued local and State economic activity; and (H) has a conceptual boundary map that is supported by the public. (c) Boundaries of the study area The Study Area shall be comprised of sites in Torrington, Harwinton, Litchfield, Plymouth/Terryville, Thomaston, Waterbury, Watertown, Ansonia, Beacon Falls, Derby, Naugatuck, Oxford, Seymour, and Shelton, Connecticut. (d) Submission of study results Not later than 3 years after funds are first made available for this section, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report describing the results of the study.
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113-hr-5583
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I 113th CONGRESS 2d Session H. R. 5583 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Ms. DeLauro (for herself and Mr. Conyers ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To provide for the treatment and extension of temporary financing of short-time compensation programs.
1. Short title This Act may be cited as the Layoff Prevention Extension Act of 2014 . 2. Extension of temporary financing of short-time compensation payments in States with programs in law (a) In general Section 2162(b) of the Middle Class Tax Relief and Job Creation Act of 2012 ( 26 U.S.C. 3304 note) is amended— (1) in paragraph (1)(B), by striking 3 years and inserting 4 years ; and (2) in paragraph (2)— (A) in the heading, by striking Three-year and inserting Four-year ; and (B) by striking 156 weeks and inserting 208 weeks . (b) Technical correction Section 3306(v)(6) of the Internal Revenue Code of 1986 ( 26 U.S.C. 3306 ) is amended by inserting or the Workforce Innovation and Opportunity Act after 1998 . 3. Extension of deadline for submitting an application for grants for short-time compensation programs Section 2164(c)(1) of the Middle Class Tax Relief and Job Creation Act of 2012 (26 U.S.C. 3304 note) is amended by striking December 31, 2014 and inserting December 31, 2015 .
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113-hr-5584
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I 113th CONGRESS 2d Session H. R. 5584 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Ms. DelBene (for herself, Ms. Chu , Mr. Sean Patrick Maloney of New York , Mrs. Negrete McLeod , Mr. Rush , Ms. Sewell of Alabama , Ms. Norton , Mr. Maffei , Mr. Serrano , Mr. Peters of California , and Ms. Brownley of California ) introduced the following bill; which was referred to the Committee on Small Business A BILL To reauthorize the women’s business center program of the Small Business Administration, and for other purposes.
1. Short title This Act may be cited as the Women's Small Business Ownership Act of 2014 . 2. Definition In this Act— (1) the terms Administration and Administrator mean the Small Business Administration and the Administrator thereof, respectively; (2) the term disability has the meaning given that term in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102); (3) the term microloan program means the program established under section 7(m) of the Small Business Act ( 15 U.S.C. 636(m) ); (4) the term rural small business concern means a small business concern located in a rural area, as that term is defined in section 1393(a)(2) of the Internal Revenue Code of 1986; and (5) the terms small business concern , small business concern owned and controlled by veterans , and small business concern owned and controlled by women have the meanings given those terms under section 3 of the Small Business Act ( 15 U.S.C. 632 ). 3. Office of Women’s Business Ownership Section 29(g) of the Small Business Act ( 15 U.S.C. 656(g) ) is amended— (1) in paragraph (2)— (A) in subparagraph (B)— (i) in clause (i), by striking “in the areas” and all that follows through the end of subclause (I), and inserting the following: “to address issues concerning the management, operations, manufacturing, technology, finance, retail and product sales, international trade, Government contracting, and other disciplines required for— (I) starting, operating, and increasing the business of a small business concern; ; and (ii) in clause (ii), by striking Women's Business Center program each place that term appears and inserting women's business center program ; and (B) in subparagraph (C), by inserting before the period at the end the following: , the National Women’s Business Council, and any association of women’s business centers ; and (2) by adding at the end the following: (3) Training The Administrator may provide annual programmatic and financial examination training for women’s business ownership representatives and district office technical representatives of the Administration to enable representatives to carry out their responsibilities. (4) Program and transparency improvements The Administrator shall maximize the transparency of the women’s business center financial assistance proposal process and the programmatic and financial examination process by— (A) providing public notice of any announcement for financial assistance under subsection (b) or a grant under subsection (l); (B) in the announcement described in subparagraph (A), outlining award and program evaluation criteria and describing the weighting of the criteria for financial assistance under subsection (b) and grants under subsection (l); and (C) not later than 60 days after the completion of a site visit to the women's business center (whether conducted for an audit, performance review, or other reason), when feasible, providing to each women’s business center a copy of any site visit reports or evaluation reports prepared by district office technical representatives or officers or employees of the Administration. . 4. Women’s Business Center Program (a) Women’s Business Center financial assistance Section 29 of the Small Business Act ( 15 U.S.C. 656 ) is amended— (1) in subsection (a)— (A) by striking paragraph (4); (B) by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; (C) by inserting after paragraph (1) the following: (2) the term association of women’s business centers means an organization— (A) that represents not less than 51 percent of the women’s business centers that participate in a program under this section; and (B) whose primary purpose is to represent women’s business centers; (3) the term eligible entity means— (A) a private nonprofit organization; (B) a State, regional, or local economic development organization; (C) a development, credit, or finance corporation chartered by a State; (D) a junior or community college, as defined in section 312(f) of the Higher Education Act of 1965 (20 U.S.C. 1058(f)); or (E) any combination of entities listed in subparagraphs (A) through (D); ; and (D) by adding after paragraph (5), as so redesignated, the following: (6) the term women's business center means a project conducted by an eligible entity under this section. ; (2) in subsection (b)— (A) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), and adjusting the margins accordingly; (B) by striking The Administration and all that follows through 5-year projects and inserting the following: (1) In general The Administration may provide financial assistance to an eligible entity to conduct a project under this section ; (C) by striking The projects shall and inserting the following: (2) Use of funds The project shall be designed to provide training and counseling that meets the needs of women, especially socially and economically disadvantaged women, and shall ; and (D) by adding at the end the following: (3) Amount of financial assistance The Administrator may award financial assistance under this subsection of not more than $250,000 per project year. (4) Consultation with associations of women’s business centers The Administrator shall seek advice, input, and recommendations for policy changes from any association of women’s business centers to develop— (A) a training program for the staff of women’s business centers; and (B) recommendations to improve the policies and procedures for governing the general operations and administration of the women’s business center program, including grant program improvements under subsection (g)(4). ; (3) in subsection (c)— (A) in paragraph (1) by striking the recipient organization and inserting an eligible entity ; (B) in paragraph (3), in the second sentence, by striking a recipient organization and inserting an eligible entity ; (C) in paragraph (4)— (i) by striking recipient of assistance and inserting eligible entity ; (ii) by striking such organization and inserting the eligible entity ; and (iii) by striking recipient and inserting eligible entity ; and (D) by adding at the end the following: (5) Separation of project and funds An eligible entity shall— (A) carry out a project under this section separately from other projects, if any, of the eligible entity; and (B) separately maintain and account for any financial assistance under this section. ; (4) in subsection (e)— (A) by striking applicant organization and inserting eligible entity ; (B) by striking a recipient organization and inserting an eligible entity ; and (C) by striking site ; (5) by striking subsection (f) and inserting the following: (f) Applications and criteria for initial financial assistance (1) Application Each eligible entity desiring financial assistance under subsection (b) shall submit to the Administrator an application that contains— (A) a certification that the eligible entity— (i) has designated an executive director or program manager, who may be compensated using financial assistance under subsection (b) or other sources, to manage the center; (ii) as a condition of receiving financial assistance under subsection (b), agrees— (I) to receive a site visit at the discretion of the Administrator as part of the final selection process; (II) to undergo an annual programmatic and financial examination; and (III) to remedy any problems identified pursuant to the site visit or examination under subclause (I) or (II); and (iii) meets the accounting and reporting requirements established by the Director of the Office of Management and Budget; (B) information demonstrating that the eligible entity has the ability and resources to meet the needs of the market to be served by the women's business center for which financial assistance under subsection (b) is sought, including the ability to obtain the non-Federal contribution required under subsection (c); (C) information relating to the assistance to be provided by the women's business center for which financial assistance under subsection (b) is sought in the area in which the women's business center is located; (D) information demonstrating the experience and effectiveness of the eligible entity in— (i) conducting financial, management, and marketing assistance programs, as described in subsection (b)(2), which are designed to teach or upgrade the business skills of women who are business owners or potential business owners; (ii) providing training and services to a representative number of women who are socially and economically disadvantaged; and (iii) working with resource partners of the Administration and other entities, such as universities; and (E) a 5-year plan that describes the ability of the women's business center for which financial assistance is sought— (i) to serve women who are business owners or potential business owners by conducting training and counseling activities; and (ii) to provide training and services to a representative number of women who are socially and economically disadvantaged. (2) Review and approval of applications for initial financial assistance (A) In general The Administrator shall— (i) review each application submitted under paragraph (1), based on the information described in such paragraph and the criteria set forth under subparagraph (B) of this paragraph; and (ii) to the extent practicable, as part of the final selection process, conduct a site visit to each women's business center for which financial assistance under subsection (b) is sought. (B) Selection criteria (i) In general The Administrator shall evaluate applicants for financial assistance under subsection (b) in accordance with selection criteria that are— (I) established before the date on which applicants are required to submit the applications; (II) stated in terms of relative importance; and (III) publicly available and stated in each solicitation for applications for financial assistance under subsection (b) made by the Administrator. (ii) Required criteria The selection criteria for financial assistance under subsection (b) shall include— (I) the experience of the applicant in conducting programs or ongoing efforts designed to teach or enhance the business skills of women who are business owners or potential business owners; (II) the ability of the applicant to begin a project within a minimum amount of time, as established under the program announcement or by regulation; (III) the ability of the applicant to provide training and services to a representative number of women who are socially and economically disadvantaged; and (IV) the location for the women's business center proposed by the applicant, including whether the applicant is located in a State in which there is not a women's business center receiving funding from the Administration. (C) Proximity If the principal place of business of an applicant for financial assistance under subsection (b) is located less than 50 miles from the principal place of business of a women’s business center that received funds under this section on or before the date of the application, the applicant shall not be eligible for the financial assistance, unless the applicant submits a detailed written justification of the need for an additional center in the area in which the applicant is located. (D) Record retention The Administrator shall maintain a copy of each application submitted under this subsection for not less than 7 years. ; and (6) in subsection (m)— (A) by striking paragraph (3) and inserting the following: (3) Application and approval for renewal grants (A) Solicitation of applications The Administrator shall solicit applications and award grants under this subsection for the first fiscal year beginning after the date of enactment of the Women's Small Business Ownership Act of 2014 , and every third fiscal year thereafter. (B) Contents of application Each eligible entity desiring a grant under this subsection shall submit to the Administrator an application that contains— (i) a certification that the applicant— (I) is an eligible entity; (II) has designated an executive director or program manager to manage the women's business center operated by the applicant; and (III) as a condition of receiving a grant under this subsection, agrees— (aa) to receive a site visit as part of the final selection process; (bb) to submit, for the 2 full fiscal years before the date on which the application is submitted, annual programmatic and financial examination reports or certified copies of the compliance supplemental audits under OMB Circular A–133 of the applicant; and (cc) to remedy any problem identified pursuant to the site visit or examination under item (aa) or (bb); (ii) information demonstrating that the applicant has the ability and resources to meet the needs of the market to be served by the women's business center for which a grant under this subsection is sought, including the ability to obtain the non-Federal contribution required under paragraph (4)(C); (iii) information relating to assistance to be provided by the women's business center in the area served by the women's business center for which a grant under this subsection is sought; (iv) information demonstrating that the applicant has worked with resource partners of the Administration and other entities; (v) a 3-year plan that describes the ability of the women's business center for which a grant under this subsection is sought— (I) to serve women who are business owners or potential business owners by conducting training and counseling activities; and (II) to provide training and services to a representative number of women who are socially and economically disadvantaged; and (vi) any additional information that the Administrator may reasonably require. (C) Review and approval of applications for grants (i) In general The Administrator shall— (I) review each application submitted under subparagraph (B), based on the information described in such subparagraph and the criteria set forth under clause (ii) of this subparagraph; and (II) at the discretion of the Administrator, and as part of the final selection process, conduct a site visit to each women's business center for which a grant under this subsection is sought. (ii) Selection criteria (I) In general The Administrator shall evaluate applicants for grants under this subsection in accordance with selection criteria that are— (aa) established before the date on which applicants are required to submit the applications; (bb) stated in terms of relative importance; and (cc) publicly available and stated in each solicitation for applications for grants under this subsection made by the Administrator. (II) Required criteria The selection criteria for a grant under this subsection shall include— (aa) the total number of entrepreneurs served by the applicant; (bb) the total number of new startup companies assisted by the applicant; (cc) the percentage of clients of the applicant that are socially or economically disadvantaged; and (dd) the percentage of individuals in the community served by the applicant who are socially or economically disadvantaged. (iii) Conditions for continued funding In determining whether to make a grant under this subsection, the Administrator— (I) shall consider the results of the most recent evaluation of the women's business center for which a grant under this subsection is sought, and, to a lesser extent, previous evaluations; and (II) may withhold a grant under this subsection, if the Administrator determines that the applicant has failed to provide the information required to be provided under this paragraph, or the information provided by the applicant is inadequate. (D) Notification Not later than 60 days after the date of each deadline to submit applications, the Administrator shall approve or deny any application under this paragraph and notify the applicant for each such application of the approval or denial. (E) Record retention The Administrator shall maintain a copy of each application submitted under this paragraph for not less than 7 years. ; and (B) by striking paragraph (5) and inserting the following: (5) Award to previous recipients There shall be no limitation on the number of times the Administrator may award a grant to an applicant under this subsection. . (b) Technical and conforming amendments Section 29 of the Small Business Act ( 15 U.S.C. 656 ) is amended— (1) in subsection (h)(2), by striking to award a contract (as a sustainability grant) under subsection (l) or ; (2) in subsection (j)(1), by striking The Administration and inserting Not later than November 1 of each year, the Administrator ; (3) in subsection (k)— (A) by striking paragraphs (1) and (4); (B) by redesignating paragraph (3) as paragraph (4); (C) by inserting before paragraph (2) the following: (1) In general There are authorized to be appropriated to the Administration to carry out this section, to remain available until expended, $26,750,000 for each of fiscal years 2015 through 2019. ; and (D) by inserting after paragraph (2) the following: (3) Continuing grant and cooperative agreement authority (A) Prompt disbursement Upon receiving funds to carry out this section for a fiscal year, the Administrator shall, to the extent practicable, promptly reimburse funds to any women’s business center awarded financial assistance under this section if the center meets the eligibility requirements under this section. (B) Suspension or termination If the Administrator has entered into a grant or cooperative agreement with a women's business center under this section, the Administrator may not suspend or terminate the grant or cooperative agreement, unless the Administrator— (i) provides the women's business center with written notification setting forth the reasons for that action; and (ii) affords the women's business center an opportunity for a hearing, appeal, or other administrative proceeding under chapter 5 of title 5, United States Code. ; (4) in subsection (m)— (A) in paragraph (2), by striking subsection (b) or (l) and inserting this subsection or subsection (b) ; and (B) in paragraph (4)(D), by striking or subsection (l) ; and (5) by redesignating subsections (m), (n), and (o), as amended by this Act, as subsections (l), (m), and (n), respectively. (c) Effect on existing grants (1) Terms and conditions A nonprofit organization receiving a grant under section 29(m) of the Small Business Act (15 U.S.C. 656(m)), as in effect on the day before the date of enactment of this Act, shall continue to receive the grant under the terms and conditions in effect for the grant on the day before the date of enactment of this Act, except that the nonprofit organization may not apply for a renewal of the grant under section 29(m)(5) of the Small Business Act (15 U.S.C. 656(m)(5)), as in effect on the day before the date of enactment of this Act. (2) Length of renewal grant The Administrator may award a grant under section 29(l) of the Small Business Act, as so redesignated by subsection (a)(5) of this section, to a nonprofit organization receiving a grant under section 29(m) of the Small Business Act ( 15 U.S.C. 656(m) ), as in effect on the day before the date of enactment of this Act, for the period— (A) beginning on the day after the last day of the grant agreement under such section 29(m); and (B) ending at the end of the third fiscal year beginning after the date of enactment of this Act. 5. Matching requirements under women's business center program (a) In general Section 29(c) of the Small Business Act ( 15 U.S.C. 656(c) ), as amended by section 4 of this Act, is amended— (1) in paragraph (1), by striking As a condition and inserting Subject to paragraph (6), as a condition ; and (2) by adding at the end the following: (6) Waiver of non-Federal share relating to technical assistance and counseling (A) In general Upon request by a recipient organization, and in accordance with this paragraph, the Administrator may waive, in whole or in part, the requirement to obtain non-Federal funds under this subsection for the technical assistance and counseling activities of the recipient organization carried out using financial assistance under this section for a fiscal year. The Administrator may not waive the requirement for a recipient organization to obtain non-Federal funds under this paragraph for more than a total of 2 consecutive fiscal years. (B) Considerations In determining whether to waive the requirement to obtain non-Federal funds under this paragraph, the Administrator shall consider— (i) the economic conditions affecting the recipient organization; (ii) the impact a waiver under this clause would have on the credibility of the women's business center program under this section; (iii) the demonstrated ability of the recipient organization to raise non-Federal funds; and (iv) the performance of the recipient organization. (C) Limitation The Administrator may not waive the requirement to obtain non-Federal funds under this paragraph if granting the waiver would undermine the credibility of the women's business center program under this section. (7) Solicitation Notwithstanding any other provision of law, a recipient organization may— (A) solicit cash and in-kind contributions from private individuals and entities to be used to carry out the activities of the recipient organization under the project conducted under this section; and (B) use amounts made available by the Administration under this section for the cost of such solicitation and management of the contributions received. . (b) Regulations (1) In general The Administrator shall— (A) except as provided in paragraph (2), and not later than 1 year after the date of enactment of this Act, publish in the Federal Register proposed regulations by the Administrator to carry out the amendments made to section 29 of the Small Business Act by this Act; and (B) accept public comments on such proposed regulations for not less than 60 days. (2) Existing proposed regulations Paragraph (1)(A) shall not apply to the extent proposed regulations by the Administrator have been published on the date of enactment of this Act that are sufficient to carry out the amendments made to section 29 of the Small Business Act by this Act. 6. Study and report on economic issues facing women's business centers (a) Study The Comptroller General of the United States shall conduct a broad study of the unique economic issues facing women's business centers located in covered areas to identify— (1) the difficulties such centers face in raising non-Federal funds; (2) the difficulties such centers face in competing for financial assistance, non-Federal funds, or other types of assistance; (3) the difficulties such centers face in writing grant proposals; and (4) other difficulties such centers face because of the economy in the type of covered area in which such centers are located. (b) Report Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to Congress a report containing the results of the study under subsection (a), which shall include recommendations, if any, regarding how to— (1) address the unique difficulties women's business centers located in covered areas face because of the type of covered area in which such centers are located; (2) expand the presence of, and increase the services provided by, women's business centers located in covered areas; and (3) best use technology and other resources to better serve women business owners located in covered areas. (c) Definition of covered area In this section, the term covered area means— (1) any State that is predominantly rural, as determined by the Administrator; (2) any State that is predominantly urban, as determined by the Administrator; and (3) any State or territory that is an island. 7. Study and report on oversight of women's business centers (a) Study The Comptroller General of the United States shall conduct a study of the oversight of women's business centers by the Administrator, which shall include— (1) an analysis of the coordination by the Administrator of the activities of women's business centers with the activities of small business development centers, the Service Corps of Retired Executives, and Veteran Business Outreach Centers; (2) a comparison of the types of individuals and small business concerns served by women's business centers and the types of individuals and small business concerns served by small business development centers, the Service Corps of Retired Executives, and Veteran Business Outreach Centers; and (3) an analysis of performance data for women's business centers that evaluates how well women's business centers are carrying out the mission of women's business centers and serving individuals and small business concerns. (b) Report Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to Congress a report containing the results of the study under subsection (a), which shall include recommendations, if any, for eliminating the duplication of services provided by women's business centers, small business development centers, the Service Corps of Retired Executives, and Veteran Business Outreach Centers. 8. Sole source contracts for small business concerns owned and controlled by women (a) In general Section 8(m) of the Small Business Act ( 15 U.S.C. 637(m) ) is amended by adding at the end the following: (7) Authority for sole source contracts for economically disadvantaged small business concerns owned and controlled by women in underrepresented industries A contracting officer may award a sole source contract under this subsection to a small business concern owned and controlled by women that meets the requirements under paragraph (2)(A) if— (A) the small business concern owned and controlled by women is in an industry in which small business concerns owned and controlled by women are underrepresented, as determined by the Administrator; (B) the contracting officer determines that the small business concern owned and controlled by women is a responsible contractor with respect to performance of the contract opportunity; (C) the anticipated award price of the contract, including options, is not more than— (i) $6,500,000, in the case of a contract opportunity assigned a North American Industry Classification System code for manufacturing; or (ii) $4,000,000, in the case of any other contract opportunity; and (D) in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price. (8) Authority for sole source contracts for small business concerns owned and controlled by women in substantially underrepresented industries A contracting officer may award a sole source contract under this subsection to a small business concern owned and controlled by women that meets the requirements under paragraph (2)(E) if— (A) the small business concern owned and controlled by women is in an industry in which small business concerns owned and controlled by women are substantially underrepresented, as determined by the Administrator; (B) the contracting officer determines that the small business concern owned and controlled by women is a responsible contractor with respect to performance of the contract opportunity; (C) the anticipated award price of the contract, including options, is not more than— (i) $6,500,000, in the case of a contract opportunity assigned a North American Industry Classification System code for manufacturing; or (ii) $4,000,000, in the case of any other contract opportunity; and (D) in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price. . (b) Reporting on goals for sole source contracts for small business concerns owned and controlled by women Section 15(h)(2)(E)(viii) of the Small Business Act ( 15 U.S.C. 644(h)(2)(E)(viii) ) is amended— (1) in subclause (IV), by striking and at the end; (2) by redesignating subclause (V) as subclause (VIII); and (3) by inserting after subclause (IV) the following: (V) through sole source contracts awarded under section 8(m)(7); (VI) through sole source contracts awarded under section 8(m)(8); (VII) by industry for contracts described in subclause (III), (IV), (V), or (VI); and . (c) Deadline for report on underrepresented industries accelerated Section 29(o)(2) of the Small Business Act ( 15 U.S.C. 656(o)(2) ) is amended— (1) by striking 5 years after the date of enactment of this subsection and inserting January 2, 2015 ; and (2) by striking 5-year period and inserting 2-year or 5-year period, as applicable, . (d) Technical and conforming amendments Section 8(m) of the Small Business Act ( 15 U.S.C. 637(m) ) is amended— (1) in paragraph (2)(C), by striking paragraph (3) and inserting paragraph (4) ; and (2) in paragraph (5), by striking paragraph (2)(F) each place it appears and inserting paragraph (2)(E) . 9. Small business intermediary lending program Section 7(l) of the Small Business Act ( 15 U.S.C. 636(l) ) is amended— (1) in the subsection heading, by striking Pilot ; (2) in paragraph (1)(B), by striking pilot ; (3) in paragraph (2)— (A) by striking 3-year ; and (B) by striking pilot ; (4) in paragraph (4)— (A) by striking subparagraph (B) and inserting the following: (B) Loan limits (i) In general No single loan to an eligible intermediary under this subsection may exceed $1,000,000. (ii) Total amount The total amount outstanding and committed to an eligible intermediary by the Administrator under the Program may not exceed $5,000,000. ; and (B) by striking subparagraph (G) and inserting the following: (G) Maximum amounts The Administrator may make loans under the Program— (i) during each of fiscal years 2015, 2016, and 2017, in a total amount of not more than $20,000,000; and (ii) during fiscal year 2018 and each fiscal year thereafter, using such amounts as are made available for the Program. ; and (5) by striking paragraph (6). 10. Access to capital for small business concerns (a) Microloan program Section 7(m) of the Small Business Act ( 15 U.S.C. 636(m) ) is amended— (1) in paragraph (1)(B)(i), by striking short-term, ; (2) in paragraph (3)(C), by striking $5,000,000 and inserting $7,000,000 ; (3) in paragraph (4)— (A) by striking subparagraph (E); and (B) by redesignating subparagraph (F) as subparagraph (E); (4) in paragraph (6)— (A) in subparagraph (A), by striking short-term, ; and (B) by adding at the end the following: (F) Report to commercial credit reporting agencies The Administrator shall establish a process under which an intermediary that makes a loan to a small business concern under this paragraph shall provide to 1 or more of the commercial credit reporting agencies, through the Administration or independently, including through third party intermediaries, information on the small business concern that is relevant to credit reporting, including the payment activity of the small business concern on the loan. ; (5) in paragraph (7)— (A) by striking Program and all that follows through Under and inserting the following: Number of participants. —Under ; and (B) by striking subparagraph (B); (6) in paragraph (8), by striking such intermediaries and all the follows through the period at the end and inserting the following: intermediaries that serve a diversity of geographic areas in the United States to ensure appropriate availability of loans for small business concerns in all industries that are located in metropolitan, nonmetropolitan, and rural areas. ; and (7) in paragraph (11)(B), by striking short-term, . (b) Guarantee fee waiver During fiscal year 2016, the Administrator may not collect a guarantee fee under section 7(a)(18)(A)(i) of the Small Business Act ( 15 U.S.C. 636(a)(18)(A)(i) ) with respect to a loan guaranteed under section 7(a) of such Act, unless amounts are made available to the Administrator to subsidize the cost of guaranteeing such loans for fiscal year 2016. (c) Annual report (1) In general Not later than 1 year after the date of enactment of this Act, and every year thereafter, the Office of Capital Access of the Administration shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on assistance provided by the Administration under— (A) section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ); (B) the microloan program; (C) part A of title III of the Small Business Investment Act of 1958 ( 15 U.S.C. 681 et seq. ); and (D) section 502 of the Small Business Investment Act of 1958 ( 15 U.S.C. 696 ). (2) Requirement Each report required under paragraph (1) shall include, for the year preceding the date on which the report is submitted— (A) for each type of assistance described under subparagraphs (A), (B), and (D) of paragraph (1)— (i) the number of loans made by the Administration; (ii) the total amount of loans made by the Administration; (iii) the percentage of the number and total amount of loans made by the Administration to— (I) rural small business concerns; (II) small business concerns owned and controlled by individuals with a disability; (III) small business concerns owned and controlled by low-income individuals, broken down by each racial or ethnic minority group of which those individuals are members; (IV) small business concerns owned and controlled by veterans; (V) small business concerns owned and controlled by women; and (VI) small business concerns owned and controlled by members of a racial or ethnic minority group, broken down by each such racial or ethnic minority group; and (iv) the number of jobs created and retained by borrowers as a result of such assistance; and (B) for assistance described under subparagraph (C) of paragraph (1)— (i) the number of investments made by small business investment companies; (ii) the total amount of equity capital provided and loans made by small business investment companies; (iii) the percentage of the number of investments and loans made and total amount of equity capital provided by small business investment companies to— (I) rural small business concerns; (II) small business concerns owned and controlled by individuals with a disability; (III) small business concerns owned and controlled by low-income individuals, broken down by each racial or ethnic minority group of which those individuals are members; (IV) small business concerns owned and controlled by veterans; (V) small business concerns owned and controlled by women; and (VI) small business concerns owned and controlled by members of a racial or ethnic minority group, broken down by each such racial or ethnic minority group; (iv) the number of jobs created and retained by small business concerns as a result of investments made by small business investment companies; and (v) the number of licenses issued by the Administration under section 301(c) of the Small Business Investment Act ( 15 U.S.C. 681(c) ), including the percentage of licenses issued to entities headed by a woman or a member of a racial or ethnic minority, respectively. 11. Sense of the House It is the sense of the House of Representatives that— (1) access to capital for small business concerns owned and controlled by women comes from a variety of sources, including important contributions and early investments from angel capital and other venture capital investors; and (2) those investors should continue to work to develop small business concerns owned and controlled by women to expand the rate at which those women receive venture investment.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5584ih/xml/BILLS-113hr5584ih.xml
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113-hr-5585
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I 113th CONGRESS 2d Session H. R. 5585 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Duffy introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Communications Act of 1934 and title 17, United States Code, to provide greater access to in-State television broadcast programming for cable and satellite subscribers in certain counties.
1. Short title This Act may be cited as the Granting Our People Access to Channel Choice Act of 2014 or the GO PACC Act of 2014 . 2. Carriage of network station signals in certain counties (a) In general Part I of title III of the Communications Act of 1934 ( 47 U.S.C. 301 et seq. ) is amended by adding at the end the following: 343. Carriage of network station signals in certain counties (a) Subscriber election A cable operator or satellite carrier shall, at the election of a subscriber in a covered county with respect to a television network, provide to such subscriber— (1) retransmission of the signal of any local network station that such operator or carrier is required to retransmit to such subscriber without regard to this section; (2) an in-State, adjacent-market network station retransmission; or (3) both such retransmissions. (b) Relationship to local signal carriage requirements If a subscriber elects to receive only an in-State, adjacent-market network station retransmission under subsection (a)— (1) the provision of such retransmission to such subscriber shall be deemed to fulfill any obligation of the cable operator or satellite carrier to provide to such subscriber the signal of a local network station under section 338, 614, or 615; and (2) in the case of a satellite carrier that has been recognized as a qualified carrier under section 119(g) of title 17, United States Code, the provision of such retransmission instead of the signal of a local network station shall not affect the status of the satellite carrier as a qualified carrier for purposes of such section and section 342 of this Act. (c) Requirement subject to technical feasibility for satellite carriers A satellite carrier is required to provide a retransmission under subsection (a) only to the extent that such provision is technically feasible, as determined by the Commission. (d) Treatment of in-State, adjacent-Market network station retransmissions by cable operators (1) Retransmission consent exception Section 325(b) shall not apply to an in-State, adjacent-market network station retransmission by a cable operator to a subscriber residing in a covered county. (2) Deemed significantly viewed In the case of an in-State, adjacent-market network station retransmission by a cable operator to a subscriber residing in a covered county, the signal of such station is deemed to be significantly viewed in such county within the meaning of section 76.54 of the Commission’s regulations (47 C.F.R. 76.54). (e) Definitions In this section— (1) the term local network station means, with respect to a subscriber and a television network, the network station— (A) that is affiliated with such television network; and (B) within the local market of which such subscriber is located; (2) the term cable operator has the meaning given such term in section 602; (3) the terms network station and satellite carrier have the meanings given such terms in section 119(d) of title 17, United States Code; (4) the terms covered county and in-State, adjacent-market network station retransmission have the meanings given such terms in section 119(d) of title 17, United States Code, except that, in the case of a cable operator, any reference to a satellite carrier or a subscriber of a satellite carrier shall be considered to be a reference to a cable operator or a subscriber of a cable operator, respectively; and (5) the term local market has the meaning given such term in section 122(j) of title 17, United States Code. . (b) Treatment of in-State, adjacent-Market network station retransmissions by satellite carriers Section 339 of the Communications Act of 1934 ( 47 U.S.C. 339 ) is amended— (1) in subsection (a)— (A) in paragraph (1)(A), by adding at the end the following: In-State, adjacent-market network station retransmissions to subscribers residing in covered counties shall not count toward the limit set forth in this subparagraph. ; and (B) in paragraph (2), by adding at the end the following: (I) In-State, adjacent-market network station retransmissions Nothing in this paragraph shall apply to or affect in-State, adjacent-market network station retransmissions to subscribers residing in covered counties. ; and (2) in subsection (d), by adding at the end the following: (6) In-State, adjacent-market network station retransmission The term in-State, adjacent-market network station retransmission has the meaning given such term in section 119(d) of title 17, United States Code. (7) Covered county The term covered county has the meaning given such term in section 119(d) of title 17, United States Code. . (c) No effect on ability To receive significantly viewed signals Section 340(b)(3) of the Communications Act of 1934 ( 47 U.S.C. 340(b)(3) ) is amended by inserting before the period at the end the following: or to a subscriber who elects under section 343(a), with respect to the network with which the station whose signal is being retransmitted pursuant to this section is affiliated, to receive an in-State, adjacent-market network station retransmission (as defined in section 119(d) of title 17, United States Code) instead of the signal of a local network station (as defined in section 343(e)) . 3. Availability of copyright license (a) Secondary transmissions of distant television programming by satellite Section 119 of title 17, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (2)(B)(i), by adding at the end the following: In-State, adjacent-market network station retransmissions to subscribers residing in covered counties shall not count toward the limit set forth in this clause. ; and (B) in paragraph (3), by inserting at the end the following new subparagraph: (G) In-State, adjacent-market network station retransmissions Nothing in this paragraph shall apply to or affect in-State, adjacent-market network station retransmissions to subscribers residing in covered counties. ; and (2) in subsection (d)— (A) in paragraph (10)— (i) in subparagraph (D), by striking ; or and inserting a semicolon; (ii) in subparagraph (E), by striking the period at the end and inserting ; or ; and (iii) by inserting at the end the following new subparagraph: (F) with respect to an in-State, adjacent-market network station retransmission, is a subscriber residing in a covered county. ; and (B) by inserting at the end the following new paragraphs: (16) In-State, adjacent-market network station retransmission The term in-State, adjacent-market network station retransmission means the secondary transmission by a satellite carrier of the primary transmission of any network station whose community of license is located— (A) in a subscriber’s State; and (B) in a local market that is adjacent to the subscriber’s local market. (17) Covered county The term covered county means, with respect to an in-State, adjacent-market network station retransmission to a subscriber, any county to which both of the following apply: (A) The county is one of the following counties in the State of Wisconsin: Barron, Burnett, Dunn, Pierce, Polk, St. Croix, or Washburn. (B) The county is not in the local market of any television broadcast station that is affiliated with the same network and whose community of license is located in the subscriber’s State. . (b) Secondary transmissions of local television programming by satellite Section 122(a) of title 17, United States Code, is amended— (1) in paragraph (2)(A), by inserting after under paragraph (1) the following: (or in-State, adjacent-market network station retransmissions instead of secondary transmissions under such paragraph, in accordance with an election under section 343(a) of the Communications Act of 1934) ; and (2) in paragraph (3)(A), by inserting after under paragraph (1) the following: (or in-State, adjacent-market network station retransmissions instead of secondary transmissions under such paragraph, in accordance with an election under section 343(a) of the Communications Act of 1934) .
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113-hr-5586
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I 113th CONGRESS 2d Session H. R. 5586 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Farenthold introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 17, United States Code, to provide that the first sale doctrine applies to any computer program that enables a machine or other product to operate.
1. Short Title This Act may be cited as the “ You Own Devices Act ”. 2. First Sale Doctrine and Certain Computer Programs (a) In General Section 109 of title 17, United States Code, is amended by adding at the end the following: (f) Transfer of Certain Computer Programs (1) In general Notwithstanding section 106 or section 117, if a computer program enables any part of a machine or other product to operate, the owner of the machine or other product is entitled to transfer an authorized copy of the computer program, or the right to obtain such copy, when the owner sells, leases, or otherwise transfers the machine or other product to another person. The right to transfer provided under this subsection may not be waived by any agreement. (2) Security and error correction Any right to receive modifications to the computer program described in paragraph (1) relating in whole or in part to security or error correction that applied to the owner of the machine or other product described in paragraph (1) shall apply to the person to whom the machine or product and the copy of the computer program are transferred. (3) Treatment of unauthorized copies Nothing in this subsection should be construed as permitting the owner of a machine or other product to retain an unauthorized copy of the computer program described in paragraph (1) after transferring the machine or other product and the copy of the computer program to another person. . (b) Effective Date The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to transfers of computer programs occurring on or after such date.
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113-hr-5587
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I 113th CONGRESS 2d Session H. R. 5587 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Foster (for himself, Mr. Sean Patrick Maloney of New York , Mr. Ryan of Ohio , Ms. Edwards , Ms. Esty , and Ms. Shea-Porter ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To reduce opioid misuse and abuse.
1. Short title This Act may be cited as the Opioid Abuse Prevention and Treatment Act of 2014 . 2. Pilot project (a) In general The Secretary of Health and Human Services (referred to in this Act as the Secretary ) shall award grants to one or more States to carry out a 1-year pilot project to develop a standardized peer review process and methodology to review and evaluate prescribing and pharmacy dispensing patterns, through a review of prescription drug monitoring programs (referred to in this section as PDMP ) in the States receiving such grants. (b) Methodology The recipients of a grant under this section shall develop a systematic, standardized methodology to identify and investigate questionable or inappropriate prescribing and dispensing patterns of substances on schedule II or III under section 202 of the Controlled Substances Act ( 21 U.S.C. 812 ). Such peer review methodology and prescribing and dispensing patterns shall be shared with the appropriate State regulators and health profession boards. (c) Requirements A State receiving a grant under this section— (1) with respect to controlled substances for which a prescriber is required to be registered with by the Drug Enforcement Administration in order to prescribe such controlled substances, shall make the information with respect to such controlled substances from the PDMP available to State regulators and licensing boards; and (2) with respect to any other controlled substances, may make the information with respect to such controlled substances from the PDMP available to State regulators and licensing boards. (d) Subgrantees A quality improvement organization with which the Secretary has entered into a contract under part B of title XI of the Social Security Act ( 42 U.S.C. 1320c et seq. ) may serve as the subgrantee under this subsection to develop peer review processes as described in subsection (a). 3. Prescription drug, heroin, and other controlled substance abuse prevention Part P of title III of the Public Health Service Act ( 42 U.S.C. 280g ) is amended by adding at the end the following: 399V–6. Prescription drug, heroin, and other controlled substance abuse prevention (a) Training grants (1) In general The Secretary shall award 5-year grants to eligible entities to facilitate training in order to increase the capacity of health care providers to conduct patient screening, brief interventions, and referral to treatment as needed, such as in health care settings to prevent the abuse of prescription drugs, heroin, and other controlled substances. The grant program under this section may be coordinated with the Screening Brief Intervention and Referral to Treatment grant program of the Substance Abuse and Mental Health Services Administration, or other appropriate programs. (2) Eligible entities In this subsection, the term eligible entity includes— (A) States; (B) physician organizations; (C) continuing education entities, such as health profession boards or health accrediting bodies; (D) peer recovery organizations; and (E) other appropriate health or professional education organizations or institutions. (b) Expansion of prescribing authority The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall award grants to States for the purpose of evaluating the prospect of the health professions board of such States reviewing and expanding prescribing authorities of providers, such as advance practice nurses and physician's assistants, with respect to prescribing drugs for the treatment of the abuse of prescription drugs, heroin, or other controlled substances. . 4. Prescription drug abuse training and screening programs (a) Continuing education grants The Secretary shall award grants to States to develop continuing education criteria and review processes that allow State health profession boards or State agencies to certify appropriate education and training for informed and safe prescribing of opioids and other drugs listed on schedule II or III under section 202 of the Controlled Substances Act ( 21 U.S.C. 812 ). (b) Screening program The Attorney General shall request that a practitioner registered under section 303(f) of the Controlled Substances Act ( 21 U.S.C. 823(f) ) conduct patient screening for potential drug misuse or abuse before prescribing a drug listed on schedule II or III under section 202 of the Controlled Substances Act (21 U.S.C. 812), according to standards established by the applicable State licensing body. 5. FDA review of naloxone The Secretary, acting through the Commissioner of Food and Drugs, shall conduct a review of naloxone to consider whether naloxone should cease to be subject to section 503(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)) and be available as an over-the-counter drug, in order to increase access to such drug. 6. Prescription drug disposal The Secretary shall convene or coordinate with an existing entity an interagency working group— (1) to encourage States and local governments to increase opportunities for disposal of opiates, such as frequent take-back programs and fixed medicine disposal sites at law enforcement public buildings; and (2) to reduce opportunities for abuse of opiates, such as establishing opioid dispensing limits at hospital emergency departments. 7. GAO report The Comptroller General of the United States shall— (1) review opioid abuse programs, heroin abuse programs, and policies in Federal agencies and best practices with respect to opioid and heroin abuse and overdose programs of the States; and (2) not later than 18 months after the date of enactment of this Act, issue a report to Congress on its findings and recommendations on ways to reduce opioid and heroin abuse and overdoses.
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113-hr-5588
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I 113th CONGRESS 2d Session H. R. 5588 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Foster introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To assess the State by State impact of Federal taxation and spending.
1. Short Title This Act may be cited as the Payer State Transparency Act of 2014 . 2. Calculation of Federal Tax Burdens and Outlays (a) State by State Calculation of Federal tax burdens (1) In General The Secretary of Commerce, acting through the Director of the Bureau of Economic Analysis, shall calculate the Federal tax burden of each State for each fiscal year. (2) Calculation of Federal tax burden For purposes of calculating the Federal tax burden of each State under paragraph (1), the Secretary shall— (A) account for variations in monthly Federal tax receipts from each State; and (B) treat Federal taxes paid by an individual as a burden on the State in which such individual resides and treat Federal taxes paid by a legal business entity as a burden on the State in which the primary economic activity of such entity is performed. (b) State by State Calculation of Federal Outlays (1) In General The Director of the Office of Management and Budget, in coordination with the Council of Economic Advisers and the Secretary of the Treasury, shall calculate the total amount of Federal outlays received by each State in each fiscal year. (2) Treatment of Contract Awards For purposes of calculating the amount of Federal outlays received by a State under paragraph (1), a Federal contract award shall be treated as a Federal outlay received by the State in which the primary performance under the award takes place. (c) State Defined In this section the term State means each of the several States. 3. Joint Report Not later than the date that is 90 days after the first day of each fiscal year beginning after the date of the enactment of this Act the Secretary of Commerce and the Director of the Office of Management and Budget shall— (1) jointly submit to Congress a report containing the results of the calculations described in section 2 with respect to the previous fiscal year; and (2) publish the report on a publicly accessible website of the Bureau of Economic Analysis.
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113-hr-5589
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I 113th CONGRESS 2d Session H. R. 5589 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Ms. Frankel of Florida (for herself, Mr. Bilirakis , and Mr. Takano ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To direct the Secretary of Education to establish a grant program to assist institutions of higher education in establishing, maintaining, and improving veteran student centers.
1. Short title This Act may be cited as the Veteran Education Empowerment Act . 2. Findings Congress finds the following: (1) Over 1,000,000 veterans attended institutions of higher education in 2012. (2) Veterans face unique hardships in transitioning from the battlefield to the classroom and eventually to the workforce. (3) The National Endowment for the Humanities’ Warrior-Scholar Project found that veterans transitioning to college likely have not used academic skills since high school and have difficulty adjusting to a fundamentally different social and cultural environment, [leading] to veterans dropping out of college before earning their degree . (4) The National Education Association found that veteran students can feel lonely and vulnerable on campus and that connecting student veterans can effectively ease this isolation by bringing together new veteran students with those who have already successfully navigated the first few semesters of college. (5) The unemployment rate for post—9/11 veterans far outpaces both the overall non-veteran unemployment rate and the unemployment rate for non-veterans entering the workforce for the first time. (6) According to Mission United—a United Way program that helps veterans re-acclimate to civilian life—it is often essential for veteran students to be mentored by another veteran who understands their mindset and experience . (7) Veteran student centers are recognized as an institutional best practice by the Student Veterans of America. (8) The American Council on Education, which represents more than 1,700 institutions of higher education across the country, has called having a dedicated space for veterans on campus a promising way for colleges and universities to better serve veterans on campus and a critical component of many colleges’ efforts to serve their veteran students. (9) Budget constraints often make it difficult or impossible for institutions of higher education to dedicate space to veteran offices, lounges, or student centers. (10) The 110th Congress authorized the funding of veteran student centers through the Centers of Excellence for Veteran Student Success under part T of title VIII of the Higher Education Act of 1965 ( 20 U.S.C. 1161t ). (11) According to the Department of Education, federally funded veteran student centers and staff have generated improved recruitment, retention, and graduation rates, have helped veteran students feel better connected across campus, and have directly contributed to student veterans’ successful academic outcomes. 3. Grant program to establish, maintain, and improve veteran student centers (a) Establishment From the amounts appropriated to carry out this Act, the Secretary of Education shall establish a program to award grants to institutions of higher education to assist in the establishment, maintenance, and improvement of veteran student centers. (b) Eligibility (1) Application An institution of higher education seeking a grant under subsection (a) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Criteria The Secretary may award a grant under subsection (a) to an institution of higher education if the Secretary determines that the institution of higher education meets the following criteria: (A) The institution has a population of not less than 15,000 students, of which not less than one percent are veterans or members of the Armed Forces. (B) The institution is located in a region or community that has a significant population of veterans. (C) The institution carries out programs or activities that assist veterans in the local community. (D) The institution presents a sustainability plan to demonstrate that its veteran student center will be maintained and will continue to operate after the term of the grant has ended. (c) Use of funds An institution of higher education that is awarded a grant under subsection (a) shall use such grant to establish, maintain, or improve a veteran student center. (d) Amounts awarded (1) Duration Each grant awarded under subsection (a) shall be for a 4-year period. (2) Total amount of grant and schedule Each grant awarded under subsection (a) may not exceed a total of $500,000. Subject to subsection (e), the Secretary shall disburse to the institution of higher education the amounts awarded under the grant in such amounts and at such times during the grant period as the Secretary determines appropriate. (e) Evaluation The Secretary shall annually evaluate each institution of higher education that is awarded a grant under subsection (a) to determine whether the institution uses the grant in accordance with this section. If the Secretary determines that the institution of higher education is not using the grant in accordance with this section, the Secretary may delay future disbursements of amounts described in subsection (d)(2) until the Secretary determines that the institution of higher education has corrected any deficiencies and will use such amounts in accordance with this section. (f) Report Not later than 3 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the grant program established under subsection (a), including— (1) the number of grants awarded; (2) the institutions of higher education that have received grants; (3) with respect to each such institution of higher education— (A) the amounts awarded; and (B) how such institution used such amounts; and (4) a determination by the Secretary with respect to whether the grant program should be extended or expanded. (g) Termination The authority of the Secretary to carry out the grant program established under subsection (a) shall terminate on the date that is 4 years after the date on which the grant program is established. (h) Definitions In this section: (1) Institution of higher education The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (2) Veteran student center The term veteran student center means a dedicated space on a campus of an institution of higher education that provides students who are veterans or members of the Armed Forces with the following: (A) A lounge or meeting space for such students and veterans in the community. (B) A centralized office for veteran services that— (i) is staffed by trained employees and volunteers; and (ii) provides such students with assistance relating to— (I) transitioning from the military to student life; (II) transitioning from the military to the civilian workforce; (III) networking with other such students; (IV) understanding and obtaining benefits provided by the Federal Government or a State for which such students may be eligible; and (V) understanding how to succeed in the institution of higher education, including by understanding how to transfer educational credits.
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113-hr-5590
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I 113th CONGRESS 2d Session H. R. 5590 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Ms. Fudge (for herself and Mr. Gibson ) 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 allow the Secretary of Education to award Early College Federal Pell Grants.
1. Short title This Act may be cited as the Go to High School, Go to College Act . 2. Early college Federal Pell Grant Section 401 of the Higher Education Act of 1965 ( 20 U.S.C. 1070a ) is amended by adding at the end the following: (k) Early College Federal Pell Grants (1) In general Notwithstanding the requirement under section 484(a)(1) that a student not been enrolled in an elementary or secondary school to be eligible to receive a Federal Pell Grant under this section, for the award years beginning on July 1, 2014, and ending on June 30, 2020, the Secretary shall carry out a program to award Early College Federal Pell Grants to eligible students to support enrollment in, and completion of, postsecondary courses offered through an early college high school. (2) Maximum period for Early College Federal Pell Grants An eligible student may receive an Early College Federal Pell Grant under this subsection in an amount equal to the cost of not more than 4 full-time postsecondary semesters, or the equivalent of 4 full-time postsecondary semesters, as determined by the Secretary by regulation, while enrolled in postsecondary courses offered by an early college high school. (3) Counting of awards for purposes of Federal Pell Grants (A) In general An Early College Federal Pell Grant received under this subsection shall be counted toward the maximum period for which a student may receive Federal Pell Grants under this section, as provided under subsection (c)(5). (B) Waiver The Secretary may waive the requirement under subparagraph (A) on a case-by-case basis for any student demonstrating evidence of a credible disruption or redirection in course of study necessitating additional time to complete a postsecondary degree or credential. (4) Terms and conditions (A) In general Except as provided in this subsection, an Early College Federal Pell Grant received under this subsection shall have the same terms and conditions, and be awarded in the same manner, as Federal Pell Grants awarded under this section. (B) Minimum completion An eligible student may only receive an Early College Federal Pell Grant under this subsection upon completion of a full-time postsecondary semester, or the equivalent of a full-time postsecondary semester, as determined by the Secretary by regulation. (C) Amount The Secretary shall pay an eligible institution that is engaged in a partnership as part of an early college high school an amount equal to the cost of tuition, fees, and books for each postsecondary course (including with respect to the postsecondary courses completed to satisfy the requirement under subparagraph (B)) an eligible student completes through such early college high school, provided such eligible student satisfies the requirement under subparagraph (B). (5) Reporting Each early college high school shall annually submit to the Secretary a report on the program of postsecondary courses provided to eligible students that includes the following information: (A) Total number and percentage of eligible students who enroll in and subsequently complete the program at the early college high school. (B) The number of postsecondary credits earned by eligible students while enrolled in the early college high school that may be applied toward a postsecondary degree or credential program. (C) The percentage of eligible students enrolled in the early college high school who concurrently earn a secondary school diploma and an associate degree or equivalent. (D) The percentage of early college high school graduates completing the program who enroll in a postsecondary institution. (E) The total amount of Early College Federal Pell Grants awarded to eligible students served by the early college high school. (6) Definitions In this subsection: (A) Early college high school The term early college high school means a partnership between a public secondary school and at least one eligible institution— (i) that enables a student enrolled at such secondary school to simultaneously earn a secondary school diploma and postsecondary credits that are transferable to such eligible institution as part of an organized course of study toward a postsecondary degree or credential at no cost to the student or the family of the student; (ii) that offers students enrolled at such secondary school postsecondary courses provided by an eligible institution as part of a State-approved program of study that leads to a postsecondary degree, certificate, or general education core that is transferable to such eligible institution; (iii) that provides such students the opportunity to earn not less than 12 credit hours in such postsecondary courses; and (iv) that provides support, placement test prep strategies, tutoring, or comparable strategies to ensure student preparation for and success in college courses. (B) Eligible student The term eligible student means a student enrolled at an early college high school who, if such student met the requirements of section 484 for eligibility for a Federal Pell Grant, would be awarded a Federal Pell Grant after the determination of the expected family contribution for such student. .
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113-hr-5591
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I 113th CONGRESS 2d Session H. R. 5591 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Ms. Fudge introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To enhance transportation programs in order to connect people to jobs, schools, and other essential services through a multimodal transportation network, and for other purposes.
1. Short title This Act may be cited as the Transportation Connections to Opportunity Act of 2014 . 2. 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)(A), 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 different 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 . 3. Connection to opportunity national goal and potential performance measure (a) Transportation connections to opportunity Section 150(b) of title 23, United States Code, is amended— (1) in paragraph (2), by striking highway infrastructure asset system and inserting infrastructure asset system under this title ; and (2) by adding at the end the following: (8) Multimodal connectivity To achieve an interconnected transportation system which connects people to jobs, schools, and other essential services through a multimodal network. . (b) Establishment of performance measures Section 150(c) of title 23, United States Code, is amended— (1) in paragraph (1), by inserting as listed in paragraphs (3), (4), (5), and (6) before the period; and (2) by adding the following at the end: (7) Multimodal freight The Secretary may, in accordance with the national freight strategic plan under section 167, establish performance measures to assess the efficiency of the multimodal freight network. (8) Transportation connectivity The Secretary may, in accordance with the framework established in section 134, establish a performance measure to be used by metropolitan planning organizations to assess the degree to which the transportation system provides multimodal connections to opportunity, particularly for transportation-disadvantaged populations. . 4. Measuring transportation connectivity pilot activities (a) Title 23 Section 134 of title 23, United States Code, is further amended by inserting at the end, the following: (r) Measuring transportation connections to opportunity (1) Connection to opportunity pilot program (A) Establishment The Secretary shall establish a pilot program in which not more than 10 metropolitan planning organizations shall develop and deploy 1 or more pilot measures and targets to improve multimodal connectivity and increase connections for disadvantaged Americans and neighborhoods with limited transportation options. (B) Pilot locations The Secretary shall select not more than 10 metropolitan planning organizations in not more than 10 locations, each of which is the sole metropolitan planning organization serving an urbanized area of more than 1,000,000 residents, which shall include— (i) metropolitan planning organizations that have demonstrated previous successful use of performance measurements and performance-based planning efforts, which the Secretary shall designate as mentor grantees; and (ii) metropolitan planning organizations that have limited or no successful previous experience in performance measurements and performance-based planning efforts, which the Secretary shall designate as novice grantees. (C) Pilot program activities (i) Transportation connectivity inventory Not later than 6 months after selection as a pilot location, and in consultation with appropriate States, transit agencies, and local governments, metropolitan planning organizations in pilot locations, the selected metropolitan planning organization shall develop an inventory of transportation assets within such organization’s metropolitan planning area which describes— (I) the condition of key highway, transit, bicycle, and pedestrian facilities; (II) the degree to which these facilities provide residents with connections to opportunity; (III) the identity and location of transportation-disadvantaged populations within the planning area; and (IV) local challenges to multimodal connectivity, such as zoning or land use issues, availability of affordable housing, and physical barriers that obstruct access from residential areas to opportunity. (ii) Performance measures Not later than 1 year after selection as a pilot location, a metropolitan planning organization in such pilot location shall apply the baseline data it developed in clause (i) to adopt 1 or more provisional measures to assess multimodal connectivity improvements in the transportation system, including measurements of multimodal connectivity improvements available to transportation-disadvantaged populations identified in clause (i)(III) and appropriate to local assets and needs. (iii) Data collection and reporting A metropolitan planning organization selected as a pilot location shall collect baseline and annual performance data on multimodal transportation connectivity to opportunity and report these data to the Secretary throughout the duration of the pilot project. (iv) Knowledge-sharing A metropolitan planning organization designated as a mentor grantee shall engage in knowledge-sharing activities with novice grantees to the extent feasible, which may include peer exchanges and technical assistance. (v) Project implementation (I) Notwithstanding section 120, a metropolitan planning organization may use funds remaining after the completion of the transportation connectivity inventory, development of provisional measures, and related tracking activities to pay the non-Federal share to implement projects within the metropolitan planning area described in subclause (II). (II) The projects referred to in subclause (I) are projects that are reasonably anticipated to address system gaps and improve performance according to the locally adopted provisional multimodal transportation connectivity measures. (2) National performance measure development activities The Secretary shall reserve not more than $9,000,000 of the amount authorized for this subsection for the 4-year period beginning in fiscal year 2015 for use on evaluation of multimodal connectivity measures developed by metropolitan planning organizations in pilot locations, and to consider development of a national indicator to measure the multimodal connections to opportunity provided by the transportation network, including the following activities: (A) National technical assistance and peer exchange forums The Secretary shall support the measure development and data collection of metropolitan planning organizations in pilot locations through technical assistance and peer exchanges, and through workshops with States, transit agencies, and metropolitan planning organizations to discuss pilot program findings, and establish an online collaboration center for local jurisdictions to share ideas and challenges, and document lessons learned. (B) Connection to opportunity final report At the end of the pilot program, the Secretary shall issue a final report in consultation with the Secretary of the Department of Housing and Urban Development, the Secretary of the Department of Commerce and the Administrator of the Environmental Protection Agency, and after seeking public comment. The report shall document the outcomes of the pilot program and make recommendations on the establishment of 1 or more national multimodal connectivity measures, and shall include— (i) the results of the efforts of the pilot program to measure and improve multimodal connectivity; (ii) the Secretary’s recommendations for 1 or more national connectivity measures and integrating them into the Federal transportation performance management framework, in accordance with section 150; and (iii) an assessment of social outcomes and impacts that may result from the pilot measures as well as estimated savings to Federal, State, and local social service subsidy programs, as well as other costs avoided and new tax revenues attributable to increased connectivity. (C) Potential rulemaking After publication of the final report under subparagraph (B), the Secretary, in consultation with State departments of transportation, metropolitan planning organizations, and other stakeholders, may issue a rulemaking that establishes performance measures and standards as described in section 150(c)(8). (3) Definitions For purposes of this subsection— (A) the term opportunity means jobs, schools, and health care services; and (B) the term transportation-disadvantaged means an individual who faces challenges in securing or accessing transportation due to age, disability, or income constraints, including lack of access to transportation or a private vehicle. . (b) Title 49 Section 5303 of title 49, United States Code, is amended by inserting at the end, the following: (r) Measuring transportation connections to opportunity (1) Connection to opportunity pilot program (A) Establishment The Secretary shall establish a pilot program in not more than 10 metropolitan planning organizations shall develop and deploy 1 or more pilot measures and targets to improve multimodal connectivity and increase connections for transportation-disadvantaged and neighborhoods with limited transportation options. (B) Pilot locations The Secretary shall select not more than 10 metropolitan planning organizations in not more than 10 locations, each of which is the sole metropolitan planning organization serving an urbanized area of more than 1,000,000 residents, which shall include— (i) metropolitan planning organizations that have demonstrated previous successful use of performance measurements and performance-based planning efforts, which the Secretary shall designate as mentor grantees; and (ii) metropolitan planning organizations that have limited or no successful previous experience in performance measurements and performance-based planning efforts, which the Secretary shall designate as novice grantees. (C) Pilot program activities (i) Transportation connectivity inventory Not later than 6 months after selection as a pilot location, and in consultation with appropriate States, transit agencies, and local governments, metropolitan planning organizations in pilot locations, the selected metropolitan planning organization shall develop an inventory of transportation assets within such organization’s metropolitan planning area which describes— (I) the condition of key highway, transit, bicycle, and pedestrian facilities; (II) the degree to which these facilities provide residents with connections to opportunity; (III) the identity and location of transportation-disadvantaged populations within the planning area; and (IV) local challenges to multimodal connectivity, such as zoning or land use issues, availability of affordable housing, and physical barriers that obstruct access from residential areas to opportunity. (ii) Performance measures Not later than 1 year after selection as a pilot location, a metropolitan planning organization in such pilot location shall apply the baseline data it developed in clause (i) to adopt 1 or more provisional measures to assess multimodal connectivity improvements in the transportation system, including measurements of multimodal connectivity improvements available to transportation-disadvantaged populations identified in clause (i)(III) and appropriate to local assets and needs. (iii) Data collection and reporting A metropolitan planning organization selected as a pilot location shall collect baseline and annual performance data on multimodal transportation connectivity to opportunity and report these data to the Secretary throughout the duration of the pilot project. (iv) Knowledge-sharing A metropolitan planning organization designated as a mentor grantee shall engage in knowledge-sharing activities with novice grantees to the extent feasible, which may include peer exchanges and technical assistance. (v) Project implementation (I) Notwithstanding section 120, a metropolitan planning organization may use funds remaining after the completion of the transportation connectivity inventory, development of provisional measures, and related tracking activities to pay the non-Federal share to implement projects within the metropolitan planning area described in subclause (II). (II) The projects referred to in subclause (I) are projects that are reasonably anticipated to address system gaps and improve performance according to the locally adopted provisional multimodal transportation connectivity measures. (2) National performance measure development activities The Secretary shall reserve not more than $9,000,000 of the amount authorized for this subsection for the 4-year period beginning in fiscal year 2015 for use on evaluation of multimodal connectivity measures developed by metropolitan planning organizations in pilot locations, and to consider development of a national indicator to measure the multimodal connections to opportunity provided by the transportation network, including the following activities: (A) National technical assistance and peer exchange forums The Secretary shall support the measure development and data collection of metropolitan planning organizations in pilot locations through technical assistance and peer exchanges, and through workshops with States, transit agencies, and metropolitan planning organizations to discuss pilot program findings, and establish an online collaboration center for local jurisdictions to share ideas and challenges, and document lessons learned. (B) Connection to opportunity final report At the end of the pilot program under this subsection, the Secretary shall issue a final report in consultation with the Secretary of Housing and Urban Development, the Secretary of Commerce, and the Administrator of the Environmental Protection Agency, and after seeking public comment. The report shall document the outcomes of the pilot program and make recommendations on the establishment of 1 or more national multimodal connectivity measures, and shall include— (i) the results of the efforts of the pilot locations to measure and improve multimodal connectivity; (ii) the Secretary’s recommendations for 1 or more national connectivity measures and integrating them into the Federal transportation performance management framework in accordance with section 150; and (iii) an assessment of social outcomes and impact that may result from the pilot measures as well as estimated savings to Federal, State, and local social service subsidy programs, as well as other costs avoided and new tax revenues attributable to increased connectivity. (C) Potential rulemaking Not later than 2 years after the publication of the final report under subparagraph (B), the Secretary, in consultation with State departments of transportation, metropolitan planning organizations, and other stakeholders, may issue a rulemaking that establishes performance measures and standards. (3) Definitions For purposes of this subsection— (A) the term opportunity means jobs, schools, and health care services; and (B) the term transportation-disadvantaged means an individual who faces challenges in securing or accessing transportation due to age, disability, or income constraints, including lack of access to transportation or a private vehicle. . 5. Performance management data support program (a) Performance management data support program Section 150 of title 23, United States Code, is amended by inserting at the end the following: (f) Performance management data support To assist metropolitan planning organizations, States, and the Department in carrying out performance management analyses, including the performance management requirements of this chapter, the Secretary shall create and maintain data sets and data analysis tools. Such sets and tools may include— (1) collecting and distributing vehicle probe data describing traffic on the National Highway System; (2) collecting data regarding household travel behavior in crossing local jurisdictional boundaries; (3) enhancing existing data collection and analysis tools to accommodate performance measures, targets, and related data; (4) enhancing existing data analysis tools to improve performance predictions in reports described in subsection (e) of this section or section 5405 of title 49; and (5) developing tools to improve performance analysis and evaluate the effects of project investments on performance. . (b) Federal share Section 120 of such title is amended by adding at the end the following: (l) Performance management data support program The Federal share payable for an activity developed under the performance management data support program under section 150(f) shall be 100 percent of the cost of the activity. . 6. Multimodal accommodations (a) Design standards Section 109 of title 23, United States Code, is amended— (1) in subsection (c)— (A) in paragraph (1)— (i) by striking may take into account and inserting shall take into account ; and (ii) by striking paragraph (1)(C) and inserting the following: (C) access and safety for users of all foreseeable modes of transportation. ; and (B) in paragraph (2), by striking may develop and inserting shall develop ; and (2) in subsection (m), by— (A) striking and light motorcycles ; and (B) inserting , safe, convenient, and continuous before alternate route . (b) Transportation alternatives (1) Federal share Section 120 of title 23, United States Code, is amended by adding at the end the following: (m) Transportation alternatives program The Federal share requirements under this section applicable to the transportation alternatives program under section 213 may be met based on— (1) an individual project or activity under that section; or (2) a program of projects or activities approved under subsection (c)(6)(B) of that section. . (2) Reservation of funds Section 213 of such title is amended in subsection (a)(1) by striking of fiscal years 2013 and 2014 and inserting fiscal year . (3) Eligible entities Section 213(c)(4)(B) of such title is amended by— (A) redesignating clauses (vi) and (vii) as clauses (viii) and (ix); and (B) inserting after clause (v) the following: (vi) a nonprofit organization; (vii) a metropolitan planning organization (except in the case of a competitive process carried out by such metropolitan planning organization under subparagraph (A)); . (4) Program of projects Section 213(c) of such title is further amended by adding at the end the following: (6) Program of projects Funds may be obligated under this section for— (A) a project or activity eligible under subsection (b); or (B) a program of projects or activities eligible under that subsection. (7) Administration (A) Submission of project agreement For each fiscal year, each State shall submit a project agreement that— (i) certifies that the State will meet all the requirements of this section; and (ii) notifies the Secretary of the amount of obligations needed to carry out the program under this section. (B) Request for adjustments of amounts Each State shall request from the Secretary such adjustments to the amount of obligations referred to in subparagraph (A)(ii) as the State determines to be necessary. (C) Effect of approval by the secretary Approval by the Secretary of a project agreement under subparagraph (A) shall be deemed a contractual obligation of the United States to pay funds made available under this title. . 7. Establishment of a Broadband Infrastructure Initiative (a) In General The Secretary shall carry out a broadband infrastructure initiative to expand right-of-way use to accommodate broadband infrastructure and improve broadband access in unserved and underserved areas. (b) Requirements The Secretary shall require each State to meet the following requirements: (1) State Broadband Infrastructure Needs Each State department of transportation shall— (A) identify the broadband infrastructure needs of the State in coordination with other State and local agencies and the Federal Responder Network Authority established in section 6204 of the Middle Class Tax Relief and Job Creation Act of 2012 ( 47 U.S.C. 1424 ); (B) designate a broadband utility coordinator to incorporate such needs into future Federal-aid highway projects as described in paragraph (2); (C) provide an online system for any broadband infrastructure entity to register for inclusion in efforts to address such needs as described in such paragraph; and (D) include broadband infrastructure entities in transportation plans and programs described in sections 134 and 135 of title 23, United States Code. (2) Broadband Infrastructure Coordination Plan Each State department of transportation shall— (A) implement a plan based on the needs described in paragraph (1)(A) to promote the installation of broadband infrastructure in rights-of-way; (B) target such installation in unserved and underserved areas; (C) minimize repeated excavations in rights-of-way through coordination described in paragraph (1)(B); and (D) coordinate, to the extent practicable, such deployment with other telecommunications and local land use and transportation plans. (3) Right-of-Way Access Notwithstanding any other provision of law— (A) Each State department of transportation shall— (i) consider new technology and construction practices to promote the safe and efficient accommodation of broadband infrastructure in rights-of-way; (ii) permit the broadband utility coordinator to authorize any broadband infrastructure entity to install broadband infrastructure in rights-of-way; and (iii) ensure that authorized broadband infrastructure entities have access to rights-of-way without charge for installation, operation, and maintenance of broadband infrastructure; and (B) each State department of transportation may— (i) restrict such access in the interest of safety; and (ii) designate any longitudinal area to accommodate broadband infrastructure. (c) State Flexibility A State meeting the requirements under subsection (b) may use funds authorized for the surface transportation program under section 133 of title 23, United States Code, and the national highway performance program under section 119 of such title, to install broadband infrastructure as part of a Federal-aid highway project located in an unserved or underserved area, and the broadband infrastructure may be used to support nontransportation purposes in addition to transportation purposes. (d) Definitions For purposes of this section: (1) The term broadband infrastructure means buried or aerial facilities that provide wired or wireless connections to enable users to send and receive data. (2) The term broadband infrastructure entity means any entity that installs, owns, or operates broadband infrastructure and provides services to members of the public. (3) The term broadband utility coordinator means an individual responsible for coordinating the broadband infrastructure needs of the State with Federal-aid highway projects. (4) The term Federal-aid highway has the same meaning given such term in section 101(a)(6) of title 23, United States Code. (5) The term longitudinal area means the area along the length of a highway. (6) The term project has the same meaning given that term in section 101(a)(18) of title 23, United States Code. (7) The terms right-of-way and rights-of-way mean real property, or interest therein, acquired, dedicated, or reserved for the construction, operation, and maintenance of a Federal-aid highway. (8) The term State means any of the States, the District of Columbia, or the Commonwealth of Puerto Rico, that receive funds under title 23, United States Code. (9) The term underserved area means an area in which— (A) 50 percent or less of households have access to the minimum broadband speed; (B) no provider offers service speeds of at least 3 Mbps; or (C) 40 percent or less of the households choose to subscribe to a broadband service. (10) The term unserved area means an area that does not have access to broadband services at speeds of at least 768 Kbps download/200 Kbps upload.
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113-hr-5592
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I 113th CONGRESS 2d Session H. R. 5592 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Ms. Gabbard (for herself and Mr. Young of Alaska ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To require the Secretary of Health and Human Services to include certain areas within the frontier and remote area levels designations.
1. Modifying HRSA methodology for designation of frontier and remote areas Notwithstanding any other provision of law, in developing the methodology for the designation of frontier and remote areas published in the Federal Register on May 5, 2014 (79 Fed. Reg. 25599), the Secretary of Health and Human Services shall— (1) designate as a frontier area any area in Hawaii or Alaska that is defined or designated as rural under the law of the respective State for purposes of determining whether the area qualifies as rural for a Federal program; and (2) include, in addition to the frontier and remote area levels otherwise defined pursuant to such methodology, a level (developed in accordance with a process established by the Secretary) for areas that have unique characteristics (such as being geographically isolated) that should qualify such areas for such designation.
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113-hr-5593
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I 113th CONGRESS 2d Session H. R. 5593 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Ms. Gabbard introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend the Intelligence Reform and Terrorism Prevention Act of 2004 to enhance security clearance investigation procedures, and for other purposes.
1. Short title This Act may be cited as the Security Clearance Enhancement Act of 2014 . 2. Enhancement of security clearance investigation procedures (a) Information collection Section 3001(c)(2) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(c)(2)) is amended— (1) in subparagraph (B) by striking and at the end; (2) in subparagraph (C) by striking the period and inserting a semicolon; and (3) by adding at the end the following: (D) ensure that each personnel security investigation collects data from a variety of sources, including government, commercial data, consumer reporting agencies, and social media; (E) ensure that each personnel security investigation of an individual collects data relevant to the granting, denial, or revocation of the access to classified information, including— (i) information relating to a criminal or civil legal proceeding to which the individual is or becomes a party or witness; (ii) financial information, including information relating to— (I) a bankruptcy proceeding; (II) a lien against property; (III) mortgage fraud; (IV) high-value assets, including financial assets, obtained by the individual from an unknown source; and (V) bank accounts and bank account balances; (iii) credit reports from the major consumer reporting agencies or a wealth indicator for any individual about whom the major credit reporting agencies have little or no information; (iv) associations, past or present, of the individual with an individual or group that may suggest ill intent, vulnerability to blackmail, compulsive behavior, allegiance to another country, or change in ideology; (v) public information, including news articles or reports, that includes derogatory information about the individual; (vi) information posted on a social media website or forum that may suggest ill intent, vulnerability to blackmail, compulsive behavior, allegiance to another country, or change in ideology; and (vii) data maintained on a terrorist or criminal watch list maintained by an agency, State or local government, or international organization, including any such list maintained by— (I) the Office of Foreign Assets Control of the Department of the Treasury; (II) the Federal Bureau of Investigation; and (III) the International Criminal Police Organization; (F) provide for review of the accuracy and comprehensiveness of information relating to the access to classified information of an individual through timely periodic reinvestigations and include data collected during such reinvestigations in the database required by subsection (e); and (G) provide for a process for notification of an agency employing or contracting with personnel with access to classified information if a verification or periodic reinvestigation has revealed information pertinent to revocation of the access. . (b) Frequency of periodic reinvestigations Section 3001(a)(7) of such Act ( 50 U.S.C. 3341(a)(7) ) is amended by striking every and inserting 2 times every each place it occurs. (c) Reports Section 3001(h) of such Act ( 50 U.S.C. 3341(h) ) is amended— (1) in paragraph (1) by striking through 2011 ; and (2) in paragraph (2)— (A) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (B) by inserting after subparagraph (A) the following: (B) an assessment of the effectiveness of the database required by subsection (e); . (d) Funding from the revolving fund of the Office of Personnel Management Section 1304(e)(1) of title 5, United States Code, is amended by inserting the security clearance system required under section 3001(e) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(e)), after including . 3. Limitation None of the amendments made by this Act shall be construed as requiring increased consideration of information relating to minor financial or mental health issues of an individual in evaluating the access to classified information of such individual. 4. Effective date The amendments made by this Act shall take effect 1 year after the date of enactment of this Act.
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113-hr-5594
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I 113th CONGRESS 2d Session H. R. 5594 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Ms. Gabbard (for herself and Mr. Perry ) 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 suspend from the visa waiver program any country that has identified passport holders fighting with an Islamist extremist organization, and for other purposes.
1. Suspension from visa waiver program (a) In general The Secretary of Homeland Security, in consultation with the Secretary of State, immediately shall suspend from the visa waiver program established under section 217 of the Immigration and Nationality Act ( 8 U.S.C. 1187 ) any country that has identified passport holders fighting with Islamic extremist organizations, including such groups as the Islamic State of Iraq and the Levant (ISIL) and al-Qaeda affiliated organization. (b) Restoration of participation The Secretary of Homeland Security shall restore a suspended country’s participation in the visa waiver program upon a determination by the Secretary of State, the Secretary of Homeland Security, and the Director of National Intelligence of the ability of both the suspended country and the United States to identify, track, and negate the risk of any individual entering the United States from such country under the visa waiver program. 2. Sense of Congress It is the sense of the Congress that— (1) the Comptroller General of the United States should conduct a review of the national security risks associated with the visa waiver program and submit the results of that review to the Congress; (2) the Secretary of Homeland Security should take steps to strengthen the electronic travel authorization system described in section 217(h)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1187(h)(3) ), identify any individual fighting with an Islamic extremist organization, and deny such individual the ability to enter the United States by means of such system; and (3) the Secretary of Homeland Security should complete as expeditiously as possible the biometric entry and exit data system described in section 7208 of the 9/11 Commission Implementation Act of 2004 ( 8 U.S.C. 1365b ). 3. Technical amendments Section 217 of the Immigration and Nationality Act ( 8 U.S.C. 1187 ) is amended by striking Attorney General each place the term appears (except in subsection (c)(11)(B)) and inserting Secretary of Homeland Security .
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113-hr-5595
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I 113th CONGRESS 2d Session H. R. 5595 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Ms. Gabbard (for herself and Mr. Gowdy ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committees on the Judiciary , Select Intelligence (Permanent Select) , and Homeland Security , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To reform the Privacy and Civil Liberties Oversight Board, and for other purposes.
1. Short title This Act may be cited as the Strengthening Privacy, Oversight, and Transparency Act or the SPOT Act . 2. Inclusion of foreign intelligence activities in oversight authority of the Privacy and Civil Liberties Oversight Board Section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 42 U.S.C. 2000ee ) is amended by inserting and conduct foreign intelligence activities after terrorism in the following provisions: (1) Paragraphs (1) and (2) of subsection (c). (2) Subparagraphs (A) and (B) of subsection (d)(1). (3) Subparagraphs (A), (B), and (C) of subsection (d)(2). 3. Submission of whistleblower complaints to the Privacy and Civil Liberties Oversight Board Section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 42 U.S.C. 2000ee ), as amended by section 2, is further amended— (1) in subsection (d), by adding at the end the following new paragraph: (5) Whistleblower complaints (A) Submission to Board An employee of, or contractor or detailee to, an element of the intelligence community may submit to the Board a complaint or information that such employee, contractor, or detailee believes relates to a privacy or civil liberties concern. (B) Authority of Board The Board may take such action as the Board considers appropriate with respect to investigating a complaint or information submitted under subparagraph (A) or transmitting such complaint or information to any other Executive agency or the congressional intelligence committees. (C) Relationship to existing laws The authority under subparagraph (A) of an employee, contractor, or detailee to submit to the Board a complaint or information shall be in addition to any other authority under another provision of law to submit a complaint or information. Any action taken under any other provision of law by the recipient of a complaint or information shall not preclude the Board from taking action relating to the same complaint or information. (D) Relationship to actions taken under other laws Nothing in this paragraph shall prevent— (i) any individual from submitting a complaint or information to any authorized recipient of the complaint or information; or (ii) the recipient of a complaint or information from taking independent action on the complaint or information. ; and (2) by adding at the end the following new subsection: (n) Definitions In this section, the terms congressional intelligence committees and intelligence community have the meaning given such terms in section 3 of the National Security Act of 1947 (50 U.S.C. 3003). . 4. Privacy and Civil Liberties Oversight Board subpoena power Section 1061(g) of the Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee(g)) is amended— (1) in paragraph (1)(D), by striking submit a written request to the Attorney General of the United States that the Attorney General ; (2) by striking paragraph (2); and (3) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. 5. Appointment of staff of the Privacy and Civil Liberties Oversight Board Section 1061(j) of the Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee(j)) is amended— (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (2) by inserting after paragraph (1) the following new paragraph: (2) Appointment in absence of chairman If the position of chairman of the Board is vacant, during the period of the vacancy the Board, at the direction of the majority of the members of the Board, may exercise the authority of the chairman under paragraph (1). . 6. Privacy and Civil Liberties Oversight Board (a) In general Section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 42 U.S.C. 2000ee ), as amended by sections 2 and 3, is further amended— (1) in subsection (h)— (A) in paragraph (1), by inserting full-time after 4 additional ; and (B) in paragraph (4)(B), by striking , except that and all that follows through the end and inserting a period; (2) in subsection (i)(1)— (A) in subparagraph (A), by striking level III of the Executive Schedule under section 5314 and inserting level II of the Executive Schedule under section 5313 ; and (B) in subparagraph (B), by striking level IV of the Executive Schedule and all that follows through the end and inserting level III of the Executive Schedule under section 5314 of title 5, United States Code. ; and (3) in subsection (j)(1), by striking level V of the Executive Schedule under section 5316 and inserting level IV of the Executive Schedule under section 5315 . (b) Effective date; applicability (1) In general The amendments made by subsection (a) shall— (A) take effect on the date of enactment of this Act; and (B) except as provided in paragraph (2), apply to any appointment to a position as a member of the Privacy and Civil Liberties Oversight Board made on or after the date of the enactment of this Act. (2) Exceptions (A) Compensation changes The amendments made by paragraphs (2)(A) and (3) of subsection (a) shall take effect on the first day of the first pay period beginning after the date of the enactment of this Act. (B) Election to serve full time by incumbents (i) In general An individual serving as a member of the Privacy and Civil Liberties Oversight Board on the date of the enactment of this Act, including a member continuing to serve as a member under section 1061(h)(4)(B) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 42 U.S.C. 2000ee(h)(4)(B) ), (in this subparagraph referred to as a current member ) may make an election to— (I) serve as a member of the Privacy and Civil Liberties Oversight Board on a full-time basis and in accordance with section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 42 U.S.C. 2000ee ), as amended by this Act; or (II) serve as a member of the Privacy and Civil Liberties Oversight Board on a part-time basis in accordance with such section 1061, as in effect on the day before the date of enactment of this Act, including the limitation on service after the expiration of the term of the member under subsection (h)(4)(B) of such section, as in effect on the day before the date of the enactment of this Act. (ii) Election to serve full time A current member making an election under clause (i)(I) shall begin serving as a member of the Privacy and Civil Liberties Oversight Board on a full-time basis on the first day of the first pay period beginning not less than 60 days after the date on which the current member makes the election. 7. Provision of information about government activities under the Foreign Intelligence Surveillance Act of 1978 to the Privacy and Civil Liberties Oversight Board The Attorney General should fully inform the Privacy and Civil Liberties Oversight Board about any activities carried out by the Government under the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ), including by providing to the Board— (1) copies of each detailed report submitted to a committee of Congress under such Act; and (2) copies of each decision, order, and opinion of the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review required to be included in the report under section 601(a) of such Act ( 50 U.S.C. 1871(a) ).
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113-hr-5596
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I 113th CONGRESS 2d Session H. R. 5596 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Garcia (for himself, Mr. Hastings of Florida , Mr. Murphy of Florida , and Mr. Payne ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To provide borrowers of Federal Family Education Loans with the repayment terms available to borrowers of Federal Direct Loans, and for other purposes.
1. Short title This Act may be cited as the Fairness in Student Loan Repayment Act . 2. Repayment terms for Federal Family Education Loans (a) In general Section 455 of the Higher Education Act of 1965 ( 20 U.S.C. 1087e ) is amended by adding at the end the following new subsection: (r) Repayment terms for Federal Family Education Loans (1) Applicability of programs available under this section The Secretary shall apply subsections (d), (e), (f), (l), (m), and (o) to all loans made under part B as if such loans were made under this part. (2) Payment of balance and interest In carrying out paragraph (1), the Secretary shall pay to the holder of a loan made under part B the amount of principal, interest, or special allowance payments necessary to apply subsections (d), (e), (f), (l), (m), and (o) to such loan, as appropriate. . (b) Consolidation loans Section 428C(a)(3)(B)(i) of the Higher Education Act of 1965 ( 20 U.S.C. 1087–3(a)(3)(B)(i) ) is amended— (1) in subclause (III), by striking the semicolon and inserting ; and ; (2) in subclause (IV), by striking ; and and inserting a period; and (3) by striking subclause (V).
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113-hr-5597
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I 113th CONGRESS 2d Session H. R. 5597 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Gohmert (for himself, Mr. Harris , Mrs. Bachmann , Mr. Westmoreland , Mr. Marchant , Mr. Stockman , Mr. Rogers of Alabama , Mr. Roe of Tennessee , Mrs. Blackburn , Mr. Bridenstine , Mr. Yoho , Mr. Lankford , Mr. Brooks of Alabama , Mr. Duncan of South Carolina , and Mr. McHenry ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To prohibit the Federal Government from issuing or enforcing certain requirements for schools relating to food.
1. Short title This Act may be cited as— (1) the Eliminate Dogmatic Interference by Bureaucratic Lunch Extremists Act ; or (2) the EDIBLE Act . 2. Prohibition on certain requirements for schools relating to food Notwithstanding any other provision of law, the Federal Government shall not issue or enforce any requirements for elementary schools or secondary schools (as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )) with respect to food for which there is or will be a cost not covered by the Federal Government.
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113-hr-5598
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I 113th CONGRESS 2d Session H. R. 5598 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Gosar (for himself, Mr. Franks of Arizona , Mr. Ribble , Mr. Jones , and Mr. Salmon ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To require the Bureau of Land Management to incorporate the needs, uses, and input of affected communities, and to obtain the concurrence of affected communities, before taking any travel management action affecting access to public lands, including access to mining claims or access using motorized vehicles or nonmotorized means, and for other purposes.
1. Short title This Act may be cited as the Travel and Resource Access Including Local Stakeholders Act . 2. Conditions on Bureau of Land Management access travel management actions for units of the bureau of land management derived from the public domain (a) Definitions In this section: (1) Access travel management action The term access travel management action means any Bureau of Land Management action regarding public lands that— (A) will, or can reasonably be expected to, alter public access to public lands, including any change in access to mining claims or access using motorized vehicles or nonmotorized means resulting from— (i) the decommissioning in whole or in part of a road, trail, or combination road and trail system; (ii) a change in the status of a road as open or closed; or (iii) a change in road densities; and (B) requires the preparation of an environmental impact statement or environmental assessment under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4331 et seq. ). (2) Affected county The term affected county means— (A) a political subdivision whose boundaries contain public lands affected by an access travel management action; or (B) a political subdivision adjacent to a political subdivision described in subparagraph (A). (3) Political subdivision The term political subdivision means any county, municipality, city, town, or township created pursuant to State law. (4) Public lands The term public lands has the meaning given that term in section 103(e) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 ). (5) Secretary The term Secretary means the Secretary of the Interior, acting through the Director of the Bureau of Land Management. (b) Consultation with affected counties required As a condition on the preparation of an environmental impact statement or environmental assessment under the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) for a proposed access travel management action, the Secretary shall consult with each affected county for the purpose of incorporating the needs, uses, and input of affected counties. (c) Concurrence of affected counties required The Secretary may not implement an access travel management action unless and until the Secretary— (1) complies with the consultation requirement imposed by subsection (b); and (2) obtains the concurrence of each affected county for implementation of the access travel management action.
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113-hr-5599
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I 113th CONGRESS 2d Session H. R. 5599 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Graves of Missouri (for himself, Mr. Chabot , Mr. Schweikert , Mr. Hanna , Mr. Huelskamp , Mr. Collins of New York , Mr. Luetkemeyer , Mr. Tipton , Mr. King of Iowa , and Mr. Rice of South Carolina ) introduced the following bill; which was referred to the Committee on Small Business A BILL To clarify that the use of electronic signatures and records in SBA loan and related financing programs is permitted.
1. Short title This Act may be cited as the Small Business Loan Simplification Act of 2014 . 2. Electronic signatures and records (a) In general Section 4 of the Small Business Act ( 15 U.S.C. 633 ) is amended by the adding the following new subsection: (g) Electronic signatures and records In accordance with the Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7001 et seq.), the Administrator shall— (1) amend regulations and Standard Operating Procedures to authorize the Administration and participants in lending programs under subsections (a), (j), (l), and (m) of section 7 of the Small Business Act, and under title III, title IV, and title V of the Small Business Investment Act of 1958, to use electronic signatures and records, as defined by section 106 of the Electronic Signatures in Global and National Commerce Act, for such programs; and (2) accept electronic signatures and records, as defined by section 106 of the Electronic Signatures in Global and National Commerce Act, associated with the management and closing processes under section 7 of the Small Business Act and Small Business Administration Standard Operating Procedure 50 10, Standard Operating Procedure 50 57, Standard Operating Procedure 50 50, and in Standard Operating Procedure 10 06 (as in effect on the date of enactment of this paragraph and any successor rule or successor Standard Operating Procedure). . (b) Preservation of State Law Nothing in this Act may be construed to preempt applicable State law except as provided in the Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7001 et seq.) with respect to such State law. (c) Effective date The amendments made in subsection (a) of this section shall take effect on the date that is 60 days after the date of enactment of this Act. To ensure timely implementation of the requirements of this section, any rules made during the 60-day period to carry out this section are not subject to the requirements under subsection (b) or (c) of section 553 of title 5, United States Code.
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113-hr-5600
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I 113th CONGRESS 2d Session H. R. 5600 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Graves of Missouri introduced the following bill; which was referred to the Committee on Small Business A BILL To amend the Small Business Act to establish rules for franchisee eligibility for financial assistance under certain small business programs.
1. Short title This Act may be cited as the Franchise Financing Improvement Act of 2014 . 2. Eligibility for financial assistance Section 2 of the Small Business Act ( 15 U.S.C. 631 ) is amended by adding at the end the following new subsection: (k) The Administrator shall make financial assistance available to franchisees under this Act or titles III and V of the Small Business Investment Act of 1958 if the franchisee is not affiliated with the franchisor pursuant to section 3 of this Act. . 3. Affiliation rules for franchisees Section 3(a)(5) of the Small Business Act ( 15 U.S.C. 632(a)(5) ) is amended by adding at the end the following new subparagraphs: (C) Eligibility of franchisees For purposes of determining eligibility of franchisees for financial assistance under this Act or titles III and V of the Small Business Act, a franchisee shall not be considered affiliated with the franchisor if— (i) the franchisor has filed a disclosure document pursuant to— (I) part 436 of title 16, Code of Federal Regulations (or any successor regulation); or (II) any law or regulation of a State or territory that mandates disclosure of information to a franchisee; and (ii) the franchisee, upon default on a loan (whether guaranteed by the Administrator or not) has no ability to obtain financial assistance from the franchisor to repay such loan. For purposes of this clause, a franchisor’s authority to repurchase the franchise for failure to comply with the terms and conditions of the franchise agreement or have the right of first refusal to purchase the franchise from the franchisee shall not be considered financial assistance to repay loans issued to the franchisee. (D) Definitions For the purposes of subparagraph (C), the terms franchisor and franchisee have the meaning given those terms in section 436.1 of title 16, Code of Federal Regulations as of January 1, 2014, or any successor regulation. . 4. Issuance of regulations (a) The Administrator, after the opportunity for notice and comment, shall issue regulations to implement this Act within 120 days of enactment. (b) If the Administrator fails to promulgate such regulations, the Administrator shall, unless there is clear and convincing evidence of fraud, honor the terms and conditions of any guarantee issued by the Administrator pursuant to the Small Business Act ( 15 U.S.C. 631 et seq. ) or titles III and V of the Small Business Investment Act of 1958 ( 15 U.S.C. 661 et seq. ) without regard to whether the entity complied with any Standard Operating Procedure issued by the Administrator until such time as the Administrator issues regulations under subsection (a). (c) For purposes of subsection (b), the term Standard Operating Procedure shall have the meaning given the term SOPs in section 120.10 of title 13, Code of Federal Regulations as in effect on January 1, 2014, or any successor regulation.
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113-hr-5601
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I 113th CONGRESS 2d Session H. R. 5601 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Grayson introduced the following bill; which was referred to the Committee on Financial Services A BILL To provide amounts from the recent settlement between the Department of Justice and Bank of America for assistance under the Neighborhood Stabilization Program.
1. Short title This Act may be cited as the Foreclosure Restitution Act of 2014 . 2. Use of settlement amounts (a) Neighborhood stabilization assistance From any amounts received by the Treasury as a civil monetary penalty pursuant to the settlement agreement specified in subsection (e), $5,000,000,000 is hereby appropriated, to remain available until expended, for use only for providing assistance under title III of division B of the Housing and Economic Recovery Act of 2008 ( 42 U.S.C. 5301 note) to units of general local government (as such term is defined in section 102 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5302 )), subject to subsections (b), (c), and (d). (b) Allocation and distribution The amounts appropriated by subsection (a) shall be— (1) allocated to units of general local government based on a funding formula established by the Secretary of Housing and Urban Development that is based upon the number and percentage of home foreclosures in each such unit; and (2) distributed according to such funding formula not later than 30 days after the establishment of such formula. (c) Inapplicable provisions of NSP The following provisions of title III of division B of the Housing and Economic Recovery Act of 2008 shall not apply to the assistance provided with amounts appropriated by subsection (a): (1) Subsection (b) of section 2301 ( 42 U.S.C. 5301 note; relating to allocation of appropriated amounts). (2) Subparagraphs (B) and (C) of section 2301(c)(2) ( 42 U.S.C. 5301 note; relating to priority). (3) Paragraph (3) of section 2301(c) ( 42 U.S.C. 5301 note; relating to exception for certain States). (4) Section 2302 ( 42 U.S.C. 5301 note; relating to nationwide distribution of resources). (d) Eligible uses Notwithstanding subsection (a) and paragraphs (1) and (4) of subsection (c) of section 2301 of the Housing and Economic Recovery Act of 2008 ( 42 U.S.C. 5301 note), amounts appropriated by subsection (a) of this section may be used by units of general local government to assist in providing affordable housing or to mitigate indirect costs relating to foreclosures on residential mortgages. (e) Settlement agreement The settlement agreement specified in this subsection is the settlement agreement entered into August 2014 between the United States acting through the United States Department of Justice, along with the States of California, Delaware, Illinois, Maryland, and New York, and the Commonwealth of Kentucky, acting through their respective Attorneys General, and Bank of America Corporation, Bank of America, N.A., and Banc of America Mortgage Securities, as well as their current and former subsidiaries and affiliates.
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113-hr-5602
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I 113th CONGRESS 2d Session H. R. 5602 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Ms. Hahn 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 21350 Avalon Boulevard in Carson, California, as the Juanita Millender-McDonald Post Office .
1. Juanita Millender-McDonald Post Office (a) Designation The facility of the United States Postal Service located at 21350 Avalon Boulevard in Carson, California, shall be known and designated as the Juanita Millender-McDonald 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 section 1 shall be deemed to be a reference to the Juanita Millender-McDonald Post Office .
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113-hr-5603
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I 113th CONGRESS 2d Session H. R. 5603 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Hall introduced the following bill; which was referred to the Committee on Agriculture A BILL To provide for the conveyance of the Lake Fannin Tract of the Caddo National Grasslands in Fannin County, Texas, to the County, and for other purposes.
1. Lake Fannin conveyance, Caddo National Grasslands, Fannin County, Texas (a) Conveyance required The Secretary of Agriculture shall convey, without consideration, to Fannin County, Texas (in this section referred to as the County ), all right, title, and interest of the United States in and to a parcel of real property, including all improvements thereon, consisting of approximately 2,025 acres and known as the Lake Fannin Tract of the Caddo National Grasslands in Fannin County, Texas, as depicted on the map titled Lake Fannin Proposal–Caddo National Grasslands and dated November 21, 2013, for the purpose of permitting the County to protect and restore the historic structures on the property and to use the property for recreational purposes. (b) Payment of costs of conveyance (1) Payment required The Secretary shall require the County to cover costs to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs for environmental documentation, and any other administrative costs related to the conveyance. If amounts are collected from the County in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the County. (2) Treatment of amounts received Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover those costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. (c) Description of property The exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. (d) Boundary adjustment The Secretary shall adjust the boundaries of the Caddo National Grasslands to reflect the conveyance under subsection (a).
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113-hr-5604
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I 113th CONGRESS 2d Session H. R. 5604 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Hall introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To direct the Secretary of the Army to revise the management plan for the conservation pool in Lake Texoma, and for other purposes.
1. Lake Texoma management (a) Management plan revision Notwithstanding any other provision of law, the Secretary shall revise the management plan for the conservation pool in Lake Texoma to ensure that— (1) the water surface elevation is maintained between 619 and 614 mean sea level; (2) if the water surface elevation is at or below 614 mean sea level, hydroelectric power generation is only conducted upon a determination by the Secretary, in consultation with the Lake Texoma Advisory Committee, that there are emergency power needs, including needs resulting from a natural disaster; and (3) additional water capacity resulting from the revision under paragraph (1) may be made available for allocation and, if allocated, district water suppliers will be prioritized. (b) Timing The Secretary shall make the revisions required under subsection (a) not later than 60 days after the date of enactment of this Act. (c) Secretary defined In this section, the term Secretary means the Secretary of the Army (acting through the Chief of Engineers).
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113-hr-5605
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I 113th CONGRESS 2d Session H. R. 5605 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Holding introduced the following bill; which was referred to the Committee on the Judiciary A BILL To disapprove an amendment to the Sentencing Guidelines relating to sentences for drug offenses which was transmitted to Congress by the United States Sentencing Commission on April 30, 2014, including any retroactive effect for that amendment.
1. Short title This Act may be cited as the Protecting Public Safety and Federal Resources Act . 2. Disapproval of United States Sentencing Commission Amendment Relating to Sentences for Drug Offenses In accordance with section 994(p) of title 28, United States Code, the amendment numbered 3 of the Amendments to the Sentencing Guidelines submitted by the United States Sentencing Commission to Congress on April 30, 2014, is hereby disapproved and shall not take effect.
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113-hr-5606
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I 113th CONGRESS 2d Session H. R. 5606 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Honda (for himself, Ms. Bass , Mr. Waxman , Mr. Conyers , Ms. Lee of California , Mr. Swalwell of California , Ms. Schakowsky , Mr. Grijalva , Mr. Lowenthal , and Mr. Cicilline ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend chapter 44 of title 18, United States Code, to require homemade firearms to have serial numbers, and for other purposes.
1. Short title This Act may be cited as the Homemade Firearms Accountability Act of 2014 . 2. Requirement that homemade firearms have serial numbers (a) In general Chapter 44 of title 18, United States Code, is amended by inserting after section 923 the following: 923A. Serial numbers for homemade firearms (a) Request A person who has attained 18 years of age and desires to make a firearm, or obtain a unique serial number or other identifying mark for a firearm made by the person after 1968, may request a licensed dealer to issue a unique serial number or other identifying mark for the firearm, which request shall describe the firearm involved, and state whether the firearm will be (or is) a handgun. (b) Consideration (1) Treatment of request as transfer proposal A request made of a licensed dealer pursuant to subsection (a) with respect to a firearm shall be treated as a proposed transfer of the firearm from the licensed dealer to the applicant, for purposes of section 922(t) of this title and section 103 of the Brady Handgun Violence Prevention Act. (2) Issuance of serial number A licensed dealer may issue to an applicant a unique serial number and identifying mark for a firearm pursuant to such a request if, applying paragraph (1) of this subsection to the request, section 922(t) or other law would not prohibit the licensed dealer from transferring the firearm to the applicant. (3) Fee authority A licensed dealer may charge an applicant a fee for each serial number and identifying mark assigned and issued under this section, in an amount that is not more than the actual costs associated with assigning and issuing the serial number and identifying mark, and a fee for contacting the national instant criminal background check system with respect to the applicant. (c) Prohibitions; requirements (1) Ban on making firearm before obtaining serial number It shall be unlawful for any person, in or affecting interstate or foreign commerce, to make a firearm, unless the person has obtained a serial number and identifying mark for the firearm under this section. (2) Ban on possession or transfer of firearm without serial number It shall be unlawful for any person, in or affecting interstate or foreign commerce, to possess or transfer a firearm made by the person after 1968, unless— (A) a serial number and identifying mark for the firearm has been issued under this section; (B) within 10 days after the issuance, the serial number and identifying mark is stamped on or otherwise permanently affixed to the firearm; and (C) if the firearm is made from polymer plastic, 3.7 ounces of material type 17–4 PH stainless steel, on which the unique serial number or identifying mark is stamped or otherwise permanently affixed, are embedded within the plastic. (3) Exceptions This subsection shall not apply to— (A) a firearm to which a serial number has been assigned pursuant to section 923 of this title or chapter 53 of the Internal Revenue Code of 1986; or (B) a licensed manufacturer. (d) Administrative provision The Attorney General shall maintain, and make available on request, information on— (1) the number of serial numbers and identifying marks issued under this section; and (2) the number of arrests for violations of this section. . (b) Penalties Section 924(a) of such title is amended— (1) in paragraph (5), by adding at the end the following: For purposes of this paragraph, the issuance of a serial number and identifying mark for a firearm in violation of section 923A shall be considered a transfer of the firearm in violation of section 922(t). ; and (2) by adding at the end the following: (8) Whoever knowingly violates section 923A(c) shall be fined under this title, imprisoned not more than 6 months (or, if the firearm involved in the violation is a handgun, 1 year), or both. . (c) Clerical amendment The table of sections for chapter 44 of such title is amended by inserting after the item relating to section 923 the following: 923A. Serial number requirement for homemade firearms. . (d) Effective date The amendments made by this section shall take effect on January 1, 2016.
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113-hr-5607
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I 113th CONGRESS 2d Session H. R. 5607 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Honda (for himself, Mr. Poe of Texas , Mr. Rodney Davis of Illinois , Ms. Bass , Mr. Grijalva , and Ms. McCollum ) introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish the United States Advisory Council on Human Trafficking to review Federal Government policy on human trafficking.
1. Short title This Act may be cited as the Voices of Human Trafficking Act of 2014 . 2. United States Advisory Council on Human Trafficking (a) Establishment There is established the United States Advisory Council on Human Trafficking (referred to in this section as the Council ), which shall provide advice and recommendations to the Senior Policy Operating Group (referred to in this section as the Group ) and the President's Task Force to Monitor and Combat Trafficking in Persons. (b) Membership (1) Composition The Council shall be composed of not fewer than 8 individuals who are— (A) survivors of human trafficking; or (B) nongovernmental experts or professionals in the human trafficking field. (2) Equal representation To the extent practicable, the Council be comprised of an equal number of survivors and nongovernmental experts. (3) Appointment Not later than 180 days after the date of the enactment of this Act, the President shall appoint the members of the Council. (4) Term; reappointment Council members shall serve for terms of 2 years and may be reappointed by the President to serve additional 2-year terms. (c) Functions The Council shall— (1) be a nongovernmental advisory body to the Group; (2) meet, at its own discretion, not less frequently than annually or at the request of the Group to review Federal, State, and local government policy and programs intended to combat human trafficking, including programs related to the provision of services for victims; (3) formulate assessments and recommendations to ensure that United States policy and programming efforts conform, to the extent practicable, to the best practices in the field of human trafficking prevention; and (4) meet with the Group not less frequently than annually to formally present the Council's findings and recommendations. (d) Reports Every year beginning after the date of the enactment of this Act, the Council shall submit a report to the chair of the President’s Interagency Task Force to Monitor and Combat Trafficking that contains the findings derived from the reviews conducted pursuant to subsection (c)(2). (e) Employee status Members of the Council— (1) shall not be considered employees of the United States Government for any purpose; and (2) shall not receive compensation other than reimbursement of travel expenses and per diem allowance in accordance with section 5703 of title 5, United States Code. (f) Nonapplicability of FACA The Council shall not be subject to the requirements under the Federal Advisory Committee Act (5 U.S.C. App.). 3. Sunset This section shall cease to be effective on September 30, 2020.
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113-hr-5608
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I 113th CONGRESS 2d Session H. R. 5608 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Horsford introduced the following bill; which was referred to the Committee on Natural Resources A BILL To take certain land in the State of Nevada into trust for the Duckwater Shoshone Tribe, and for other purposes.
1. Short title This Act may be cited as the Duckwater Shoshone Land Conveyance Act . 2. Definitions In this Act: (1) Map The term map means the map entitled Duckwater Reservation Expansion , dated September 9, 2014, and on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (2) Secretary The term Secretary means the Secretary of the Interior. (3) Tribe The term Tribe means the Duckwater Shoshone Tribe. 3. Transfer of land to be held in trust for the Duckwater Shoshone Tribe (a) In general Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in subsection (b) 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) Description of land The land referred to in subsection (a) is the approximately 25,977 acres of land administered by the Bureau of Land Management as generally depicted on the map as Reservation Expansion Lands . (c) Survey Not later than 180 days after the date of enactment of this Act, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection (a). (d) Use of trust land Land taken into trust under subsection (a) shall not be eligible for, or considered to have been taken into trust for the purpose of, class II gaming or class III gaming (as defined in section 270 of the Indian Gaming Regulatory Act (25 U.S.C. 2703)).
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113-hr-5609
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I 113th CONGRESS 2d Session H. R. 5609 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Hunter (for himself, Mr. Cummings , Mr. LoBiondo , Mr. Richmond , Mr. Jones , Mr. Luetkemeyer , Mr. Cooper , Mr. Jolly , Ms. Herrera Beutler , Mr. Young of Alaska , and Mr. Enyart ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To provide for the establishment of nationally uniform and environmentally sound standards governing discharges incidental to the normal operation of a vessel.
1. Short title; table of contents (a) Short title This Act may be cited as the Vessel Incidental Discharge Act . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Regulation and enforcement. Sec. 4. Uniform national standards and requirements for the regulation of discharges incidental to the normal operation of a vessel. Sec. 5. Treatment technology certification. Sec. 6. Exemptions. Sec. 7. Alternative compliance program. Sec. 8. Judicial review. Sec. 9. Effect on State authority. Sec. 10. Application with other statutes. 2. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Aquatic nuisance species The term aquatic nuisance species means a nonindigenous species (including a pathogen) that threatens the diversity or abundance of native species or the ecological stability of navigable waters or commercial, agricultural, aquacultural, or recreational activities dependent on such waters. (3) Ballast water (A) In general The term ballast water means any water, including any sediment suspended in such water, taken aboard a vessel— (i) to control trim, list, draught, stability, or stresses of the vessel; or (ii) during the cleaning, maintenance, or other operation of a ballast water treatment technology of the vessel. (B) Exclusions The term ballast water does not include any pollutant that is added to water described in subparagraph (A) that is not directly related to the operation of a properly functioning ballast water treatment technology under this Act. (4) Ballast water performance standard The term ballast water performance standard means the numerical ballast water discharge standard set forth in section 151.2030 of title 33, Code of Federal Regulations or section 151.1511 of title 33, Code of Federal Regulations, as applicable, or a revised numerical ballast water performance standard established under subsection (a)(1)(B), (b), or (c) of section 4 of this Act. (5) Ballast water treatment technology or treatment technology The term ballast water treatment technology or treatment technology means any mechanical, physical, chemical, or biological process used, alone or in combination, to remove, render harmless, or avoid the uptake or discharge of aquatic nuisance species within ballast water. (6) Biocide The term biocide means a substance or organism, including a virus or fungus, that is introduced into or produced by a ballast water treatment technology to reduce or eliminate aquatic nuisance species as part of the process used to comply with a ballast water performance standard under this Act. (7) Discharge incidental to the normal operation of a vessel (A) In general The term discharge incidental to the normal operation of a vessel means— (i) a discharge into navigable waters from a vessel of— (I) (aa) ballast water, graywater, bilge water, cooling water, oil water separator effluent, anti-fouling hull coating leachate, boiler or economizer blowdown, byproducts from cathodic protection, controllable pitch propeller and thruster hydraulic fluid, distillation and reverse osmosis brine, elevator pit effluent, firemain system effluent, freshwater layup effluent, gas turbine wash water, motor gasoline and compensating effluent, refrigeration and air condensate effluent, seawater pumping biofouling prevention substances, boat engine wet exhaust, sonar dome effluent, exhaust gas scrubber washwater, or stern tube packing gland effluent; or (bb) any other pollutant associated with the operation of a marine propulsion system, shipboard maneuvering system, habitability system, or installed major equipment, or from a protective, preservative, or absorptive application to the hull of a vessel; (II) weather deck runoff, deck wash, aqueous film forming foam effluent, chain locker effluent, non-oily machinery wastewater, underwater ship husbandry effluent, welldeck effluent, or fish hold and fish hold cleaning effluent; or (III) any effluent from a properly functioning marine engine; or (ii) a discharge of a pollutant into navigable waters in connection with the testing, maintenance, or repair of a system, equipment, or engine described in subclause (I)(bb) or (III) of clause (i) whenever the vessel is waterborne. (B) Exclusions The term discharge incidental to the normal operation of a vessel does not include— (i) a discharge into navigable waters from a vessel of— (I) rubbish, trash, garbage, incinerator ash, or other such material discharged overboard; (II) oil or a hazardous substance as those terms are defined in section 311 of the Federal Water Pollution Control Act ( 33 U.S.C. 1321 ); (III) sewage as defined in section 312(a)(6) of the Federal Water Pollution Control Act (33 U.S.C. 1322(a)(6)); or (IV) graywater referred to in section 312(a)(6) of the Federal Water Pollution Control Act (33 U.S.C. 1322(a)(6)); (ii) an emission of an air pollutant resulting from the operation onboard a vessel of a vessel propulsion system, motor driven equipment, or incinerator; or (iii) a discharge into navigable waters from a vessel when the vessel is operating in a capacity other than as a means of transportation on water. (8) Geographically limited area The term geographically limited area means an area— (A) with a physical limitation, including limitation by physical size and limitation by authorized route, that prevents a vessel from operating outside the area, as determined by the Secretary; or (B) that is ecologically homogeneous, as determined by the Secretary, in consultation with the heads of other Federal departments or agencies as the Secretary considers appropriate. (9) Manufacturer The term manufacturer means a person engaged in the manufacture, assemblage, or importation of ballast water treatment technology. (10) Secretary The term Secretary means the Secretary of the department in which the Coast Guard is operating. (11) Vessel The term vessel means every description of watercraft or other artificial contrivance used, or practically or otherwise capable of being used, as a means of transportation on water. 3. Regulation and enforcement (a) In general The Secretary, in consultation with the Administrator, shall establish and implement enforceable uniform national standards and requirements for the regulation of discharges incidental to the normal operation of a vessel. The standards and requirements shall— (1) be based upon the best available technology economically achievable; and (2) supersede any permitting requirement or prohibition on discharges incidental to the normal operation of a vessel under any other provision of law. (b) Administration and enforcement The Secretary shall administer and enforce the uniform national standards and requirements under this Act. Each State may enforce the uniform national standards and requirements under this Act. 4. Uniform national standards and requirements for the regulation of discharges incidental to the normal operation of a vessel (a) Requirements (1) Ballast water management requirements (A) In general Notwithstanding any other provision of law, the requirements set forth in the final rule, Standards for Living Organisms in Ships’ Ballast Water Discharged in U.S. Waters (77 Fed. Reg. 17254 (March 23, 2012), as corrected at 77 Fed. Reg. 33969 (June 8, 2012)), shall be the management requirements for a ballast water discharge incidental to the normal operation of a vessel until the Secretary revises the ballast water performance standard under subsection (b) or adopts a more stringent State standard under subparagraph (B) of this paragraph. (B) Adoption of more stringent State standard If the Secretary makes a determination in favor of a State petition under section 9, the Secretary shall adopt the more stringent ballast water performance standard specified in the statute or regulation that is the subject of that State petition in lieu of the ballast water performance standard in the final rule described under subparagraph (A). (2) Initial management requirements for discharges other than ballast water Not later than 2 years after the date of enactment of this Act, the Secretary, in consultation with the Administrator, shall issue a final rule establishing best management practices for discharges incidental to the normal operation of a vessel other than ballast water. (b) Revised ballast water performance standard; 8-Year review (1) In general Subject to the feasibility review under paragraph (2), not later than January 1, 2022, the Secretary, in consultation with the Administrator, shall issue a final rule revising the ballast water performance standard under subsection (a)(1) so that a ballast water discharge incidental to the normal operation of a vessel will contain— (A) less than 1 living organism per 10 cubic meters that is 50 or more micrometers in minimum dimension; (B) less than 1 living organism per 10 milliliters that is less than 50 micrometers in minimum dimension and more than 10 micrometers in minimum dimension; (C) concentrations of indicator microbes that are less than— (i) 1 colony-forming unit of toxicogenic Vibrio cholera (serotypes O1 and O139) per 100 milliliters or less than 1 colony-forming unit of that microbe per gram of wet weight of zoological samples; (ii) 126 colony-forming units of escherichia coli per 100 milliliters; and (iii) 33 colony-forming units of intestinal enterococci per 100 milliliters; and (D) concentrations of such additional indicator microbes and of viruses as may be specified in regulations issued by the Secretary in consultation with the Administrator and such other Federal agencies as the Secretary and the Administrator consider appropriate. (2) Feasibility review (A) In general Not less than 2 years before January 1, 2022, the Secretary, in consultation with the Administrator, shall complete a review to determine the feasibility of achieving the revised ballast water performance standard under paragraph (1). (B) Criteria for review of ballast water performance standard In conducting a review under subparagraph (A), the Secretary shall consider whether revising the ballast water performance standard will result in a scientifically demonstrable and substantial reduction in the risk of introduction or establishment of aquatic nuisance species, taking into account— (i) improvements in the scientific understanding of biological and ecological processes that lead to the introduction or establishment of aquatic nuisance species; (ii) improvements in ballast water treatment technology, including— (I) the capability of such treatment technology to achieve a revised ballast water performance standard; (II) the effectiveness and reliability of such treatment technology in the shipboard environment; (III) the compatibility of such treatment technology with the design and operation of a vessel by class, type, and size; (IV) the commercial availability of such treatment technology; and (V) the safety of such treatment technology; (iii) improvements in the capabilities to detect, quantify, and assess the viability of aquatic nuisance species at the concentrations under consideration; (iv) the impact of ballast water treatment technology on water quality; and (v) the costs, cost-effectiveness, and impacts of— (I) a revised ballast water performance standard, including the potential impacts on shipping, trade, and other uses of the aquatic environment; and (II) maintaining the existing ballast water performance standard, including the potential impacts on water-related infrastructure, recreation, propagation of native fish, shellfish, and wildlife, and other uses of navigable waters. (C) Lower revised performance standard (i) In general If the Secretary, in consultation with the Administrator, determines on the basis of the feasibility review and after an opportunity for a public hearing that no ballast water treatment technology can be certified under section 5 to comply with the revised ballast water performance standard under paragraph (1), the Secretary shall require the use of the treatment technology that achieves the performance levels of the best treatment technology available. (ii) Implementation deadline If the Secretary, in consultation with the Administrator, determines that the treatment technology under clause (i) cannot be implemented before the implementation deadline under paragraph (3) with respect to a class of vessels, the Secretary shall extend the implementation deadline for that class of vessels for not more than 36 months. (iii) Compliance If the implementation deadline under paragraph (3) is extended, the Secretary shall recommend action to ensure compliance with the extended implementation deadline under clause (ii). (D) Higher revised performance standard (i) In general If the Secretary, in consultation with the Administrator, determines that ballast water treatment technology exists that exceeds the revised ballast water performance standard under paragraph (1) with respect to a class of vessels, the Secretary shall revise the ballast water performance standard for that class of vessels to incorporate the higher performance standard. (ii) Implementation deadline If the Secretary, in consultation with the Administrator, determines that the treatment technology under clause (i) can be implemented before the implementation deadline under paragraph (3) with respect to a class of vessels, the Secretary shall accelerate the implementation deadline for that class of vessels. If the implementation deadline under paragraph (3) is accelerated, the Secretary shall provide not less than 24 months notice before the accelerated deadline takes effect. (3) Implementation deadline The revised ballast water performance standard under paragraph (1) shall apply to a vessel beginning on the date of the first drydocking of the vessel on or after January 1, 2022, but not later than December 31, 2024. (4) Revised performance standard compliance deadlines (A) In general The Secretary may establish a compliance deadline for compliance by a vessel (or a class, type, or size of vessel) with a revised ballast water performance standard under this subsection. (B) Process for granting extensions In issuing regulations under this subsection, the Secretary shall establish a process for an owner or operator to submit a petition to the Secretary for an extension of a compliance deadline with respect to the vessel of the owner or operator. (C) Period of extensions An extension issued under subparagraph (B) may— (i) apply for a period of not to exceed 18 months from the date of the applicable deadline under subparagraph (A); and (ii) be renewable for an additional period of not to exceed 18 months. (D) Factors In issuing a compliance deadline or reviewing a petition under this paragraph, the Secretary shall consider, with respect to the ability of an owner or operator to meet a compliance deadline, the following factors: (i) Whether the treatment technology to be installed is available in sufficient quantities to meet the compliance deadline. (ii) Whether there is sufficient shipyard or other installation facility capacity. (iii) Whether there is sufficient availability of engineering and design resources. (iv) Vessel characteristics, such as engine room size, layout, or a lack of installed piping. (v) Electric power generating capacity aboard the vessel. (vi) Safety of the vessel and crew. (E) Consideration of petitions (i) Determinations The Secretary shall approve or deny a petition for an extension of a compliance deadline submitted by an owner or operator under this paragraph. (ii) Deadline If the Secretary does not approve or deny a petition referred to in clause (i) on or before the last day of the 90-day period beginning on the date of submission of the petition, the petition shall be deemed approved. (c) Future revisions of vessel incidental discharge standards; decennial reviews (1) Revised ballast water performance standards The Secretary, in consultation with the Administrator, shall complete a review, 10 years after the issuance of a final rule under subsection (b) and every 10 years thereafter, to determine whether further revision of the ballast water performance standard would result in a scientifically demonstrable and substantial reduction in the risk of the introduction or establishment of aquatic nuisance species. (2) Revised standards for discharges other than ballast water The Secretary, in consultation with the Administrator, may include in a decennial review under this subsection best management practices for discharges covered by subsection (a)(2). The Secretary shall initiate a rulemaking to revise 1 or more best management practices for such discharges after a decennial review if the Secretary, in consultation with the Administrator, determines that revising 1 or more of such practices would substantially reduce the impacts on navigable waters of discharges incidental to the normal operation of a vessel other than ballast water. (3) Considerations In conducting a review under paragraph (1), the Secretary, the Administrator, and the heads of other appropriate Federal agencies as determined by the Secretary, shall consider the criteria under section 4(b)(2)(B). (4) Revision after decennial review The Secretary shall initiate a rulemaking to revise the current ballast water performance standard after a decennial review if the Secretary, in consultation with the Administrator, determines that revising the current ballast water performance standard would result in a scientifically demonstrable and substantial reduction in the risk of the introduction or establishment of aquatic nuisance species. 5. Treatment technology certification (a) Certification required Beginning 60 days after the date that the requirements for testing protocols are issued under subsection (i), no manufacturer of a ballast water treatment technology shall sell, offer for sale, or introduce or deliver for introduction into interstate commerce, or import into the United States for sale or resale, a ballast water treatment technology for a vessel unless the treatment technology has been certified under this section. (b) Certification process (1) Evaluation Upon application of a manufacturer, the Secretary shall evaluate a ballast water treatment technology with respect to— (A) the effectiveness of the treatment technology in achieving the current ballast water performance standard when installed on a vessel (or a class, type, or size of vessel); (B) the compatibility with vessel design and operations; (C) the effect of the treatment technology on vessel safety; (D) the impact on the environment; (E) the cost effectiveness; and (F) any other criteria the Secretary considers appropriate. (2) Approval If after an evaluation under paragraph (1) the Secretary determines that the treatment technology meets the criteria, the Secretary may certify the treatment technology for use on a vessel (or a class, type, or size of vessel). (3) Suspension and revocation The Secretary shall establish, by regulation, a process to suspend or revoke a certification issued under this section. (c) Certification conditions (1) Imposition of conditions In certifying a ballast water treatment technology under this section, the Secretary, in consultation with the Administrator, may impose any condition on the subsequent installation, use, or maintenance of the treatment technology onboard a vessel as is necessary for— (A) the safety of the vessel, the crew of the vessel, and any passengers aboard the vessel; (B) the protection of the environment; or (C) the effective operation of the treatment technology. (2) Failure to comply The failure of an owner or operator to comply with a condition imposed under paragraph (1) shall be considered a violation of this section. (d) Period for use of installed treatment equipment Notwithstanding anything to the contrary in this Act or any other provision of law, the Secretary shall allow a vessel on which a system is installed and operated to meet a ballast water performance standard under this Act to continue to use that system, notwithstanding any revision of a ballast water performance standard occurring after the system is ordered or installed until the expiration of the service life of the system, as determined by the Secretary, so long as the system— (1) is maintained in proper working condition; and (2) is maintained and used in accordance with the manufacturer’s specifications and any treatment technology certification conditions imposed by the Secretary under this section. (e) Certificates of type approval for the treatment technology (1) Issuance If the Secretary approves a ballast water treatment technology for certification under subsection (b), the Secretary shall issue a certificate of type approval for the treatment technology to the manufacturer in such form and manner as the Secretary determines appropriate. (2) Certification conditions A certificate of type approval issued under paragraph (1) shall specify each condition imposed by the Secretary under subsection (c). (3) Owners and operators A manufacturer that receives a certificate of type approval for the treatment technology under this subsection shall provide a copy of the certificate to each owner and operator of a vessel on which the treatment technology is installed. (f) Inspections An owner or operator who receives a copy of a certificate under subsection (e)(3) shall retain a copy of the certificate onboard the vessel and make the copy of the certificate available for inspection at all times while the owner or operator is utilizing the treatment technology. (g) Biocides The Secretary may not approve a ballast water treatment technology under subsection (b) if— (1) it uses a biocide or generates a biocide that is a pesticide, as defined in section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136 ), unless the biocide is registered under that Act or the Secretary, in consultation with the Administrator, has approved the use of the biocide in such treatment technology; or (2) it uses or generates a biocide the discharge of which causes or contributes to a violation of a water quality standard under section 303 of the Federal Water Pollution Control Act ( 33 U.S.C. 1313 ). (h) Prohibition (1) In general Except as provided in paragraph (2), the use of a ballast water treatment technology by an owner or operator of a vessel shall not satisfy the requirements of this Act unless it has been approved by the Secretary under subsection (b). (2) Exceptions (A) Coast guard shipboard technology evaluation program An owner or operator may use a ballast water treatment technology that has not been certified by the Secretary to comply with the requirements of this section if the technology is being evaluated under the Coast Guard Shipboard Technology Evaluation Program. (B) Ballast water treatment technologies certified by foreign entities An owner or operator may use a ballast water treatment technology that has not been certified by the Secretary to comply with the requirements of this section if the technology has been certified by a foreign entity and the certification demonstrates performance and safety of the treatment technology equivalent to the requirements of this section, as determined by the Secretary. (i) Testing protocols Not later than 180 days after the date of enactment of this Act, the Administrator, in consultation with the Secretary, shall issue requirements for land-based and shipboard testing protocols or criteria for— (1) certifying the performance of each ballast water treatment technology under this section; and (2) certifying laboratories to evaluate such treatment technologies. 6. Exemptions (a) In general No permit shall be required or prohibition enforced under any other provision of law for, nor shall any standards regarding a discharge incidental to the normal operation of a vessel under this Act apply to— (1) a discharge incidental to the normal operation of a vessel if the vessel is less than 79 feet in length and engaged in commercial service (as defined in section 2101(5) of title 46, United States Code); (2) a discharge incidental to the normal operation of a vessel if the vessel is a fishing vessel, including a fish processing vessel and a fish tender vessel (as defined in section 2101 of title 46, United States Code); (3) a discharge incidental to the normal operation of a vessel if the vessel is a recreational vessel (as defined in section 2101(25) of title 46, United States Code); (4) the placement, release, or discharge of equipment, devices, or other material from a vessel for the sole purpose of conducting research on the aquatic environment or its natural resources in accordance with generally recognized scientific methods, principles, or techniques; (5) any discharge into navigable waters from a vessel authorized by an on-scene coordinator in accordance with part 300 of title 40, Code of Federal Regulations, or part 153 of title 33, Code of Federal Regulations; (6) any discharge into navigable waters from a vessel that is necessary to secure the safety of the vessel or human life, or to suppress a fire onboard the vessel or at a shoreside facility; or (7) a vessel of the armed forces of a foreign nation when engaged in noncommercial service. (b) Ballast water discharges No permit shall be required or prohibition enforced under any other provision of law for, nor shall any ballast water performance standards under this Act apply to— (1) a ballast water discharge incidental to the normal operation of a vessel determined by the Secretary to— (A) operate exclusively within a geographically limited area; (B) take up and discharge ballast water exclusively within 1 Captain of the Port Zone established by the Coast Guard unless the Secretary determines such discharge poses a substantial risk of introduction or establishment of an aquatic nuisance species; (C) operate pursuant to a geographic restriction issued as a condition under section 3309 of title 46, United States Code, or an equivalent restriction issued by the country of registration of the vessel; or (D) continuously take on and discharge ballast water in a flow-through system that does not introduce aquatic nuisance species into navigable waters; (2) a ballast water discharge incidental to the normal operation of a vessel consisting entirely of water suitable for human consumption; or (3) a ballast water discharge incidental to the normal operation of a vessel in an alternative compliance program established pursuant to section 7. (c) Vessels with permanent ballast water No permit shall be required or prohibition enforced under any other provision of law for, nor shall any ballast water performance standard under this Act apply to, a vessel that carries all of its permanent ballast water in sealed tanks that are not subject to discharge. (d) Vessels of the Armed Forces Nothing in this Act shall be construed to apply to the following vessels: (1) A vessel owned or operated by the Department of Defense (other than a time-chartered or voyage-chartered vessel). (2) A vessel of the Coast Guard, as designated by the Secretary of the department in which the Coast Guard is operating. 7. Alternative compliance program (a) In general The Secretary, in consultation with the Administrator, may promulgate regulations establishing 1 or more compliance programs as an alternative to ballast water management regulations issued under section 4 for a vessel that— (1) has a maximum ballast water capacity of less than 8 cubic meters; (2) is less than 3 years from the end of the useful life of the vessel, as determined by the Secretary; or (3) discharges ballast water into a facility for the reception of ballast water that meets standards promulgated by the Administrator, in consultation with the Secretary. (b) Promulgation of facility standards Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with the Secretary, shall promulgate standards for— (1) the reception of ballast water from a vessel into a reception facility; and (2) the disposal or treatment of the ballast water under paragraph (1). 8. Judicial review (a) In general An interested person may file a petition for review of a final regulation promulgated under this Act in the United States Court of Appeals for the District of Columbia Circuit. (b) Deadline A petition shall be filed not later than 120 days after the date that notice of the promulgation appears in the Federal Register. (c) Exception Notwithstanding subsection (b), a petition that is based solely on grounds that arise after the deadline to file a petition under subsection (b) has passed may be filed not later than 120 days after the date that the grounds first arise. 9. Effect on State authority (a) In general No State or political subdivision thereof may adopt or enforce any statute or regulation of the State or political subdivision with respect to a discharge incidental to the normal operation of a vessel after the date of enactment of this Act. (b) Savings clause Notwithstanding subsection (a), a State or political subdivision thereof may enforce a statute or regulation of the State or political subdivision with respect to ballast water discharges incidental to the normal operation of a vessel that specifies a ballast water performance standard that is more stringent than the ballast water performance standard under section 4(a)(1)(A) and is in effect on the date of enactment of this Act if the Secretary, after consultation with the Administrator and any other Federal department or agency the Secretary considers appropriate, makes a determination that— (1) compliance with any performance standard specified in the statute or regulation can in fact be achieved and detected; (2) the technology and systems necessary to comply with the statute or regulation are commercially available; and (3) the statute or regulation is consistent with obligations under relevant international treaties or agreements to which the United States is a party. (c) Petition process (1) Submission The Governor of a State seeking to enforce a statute or regulation under subsection (b) shall submit a petition requesting the Secretary to review the statute or regulation. (2) Contents; deadline A petition shall— (A) be accompanied by the scientific and technical information on which the petition is based; and (B) be submitted to the Secretary not later than 90 days after the date of enactment of this Act. (3) Determinations The Secretary shall make a determination on a petition under this subsection not later than 90 days after the date that the petition is received. 10. Application with other statutes Notwithstanding any other provision of law, this Act shall be the exclusive statutory authority for regulation by the Federal Government of discharges incidental to the normal operation of a vessel to which this Act applies. Except as provided under section 4(a)(1)(A), any regulation in effect on the date immediately preceding the effective date of this Act relating to any permitting requirement for or prohibition on discharges incidental to the normal operation of a vessel to which this Act applies shall be deemed to be a regulation issued pursuant to the authority of this Act and shall remain in full force and effect unless or until superseded by new regulations issued hereunder.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5609ih/xml/BILLS-113hr5609ih.xml
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113-hr-5610
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I 113th CONGRESS 2d Session H. R. 5610 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Hurt (for himself and Mr. Barrow of Georgia ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Patient Protection and Affordable Care Act to provide privacy protections that enable certain individuals to remove their profiles from the healthcare.gov website, and for other purposes.
1. Short title This Act may be cited as the Healthcare Consumer Privacy Act of 2014 . 2. Enabling certain individuals to remove their profiles from the healthcare.gov website Section 1311(c)(5) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031(c)(5) ) is amended— (1) in subparagraph (A), by striking at the end and ; (2) by redesignating subparagraph (B) as subparagraph (C); and (3) by inserting after subparagraph (A) the following new subparagraph: (B) ensure that such Internet portal, whether the healthcare.gov website or a successor website, enables an individual who enters personal information on such website for purposes of enrolling for health care coverage to remove such information from such website if such individual decides not to apply for such enrollment; and .
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https://www.govinfo.gov/content/pkg/BILLS-113hr5610ih/xml/BILLS-113hr5610ih.xml
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113-hr-5611
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I 113th CONGRESS 2d Session H. R. 5611 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Israel (for himself and Mr. King of New York ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To provide for temporary emergency impact aid for local educational agencies.
1. Short title This Act may be cited as the Public School Emergency Relief Act . 2. Findings The Congress finds the following: (1) In 2014, the United States experienced an unprecedented influx in arrivals of unaccompanied alien children. (2) Between January 1, 2014, and July 31, 2014, the Department of Health and Human Services Office of Refugee Resettlement released 37,477 unaccompanied alien children to sponsors nationwide. (3) Federal law, as upheld by the Supreme Court decision Plyer v. Doe, permits all children residing in the United States access to a public elementary and secondary education regardless of their immigration status. (4) An unprecedented influx of unaccompanied alien children has resulted in a strain on the Nation’s public school system. (5) In response to these conditions, this Act creates an emergency grant for the 2014–2015 school year tailored to the needs of local educational agencies affected by enrollment increases attributable to unaccompanied alien children. 3. Temporary emergency impact aid for immigrant students (a) Temporary emergency impact aid authorized (1) Aid to State educational agencies From amounts appropriated to carry out this Act, the Secretary of Education shall provide emergency impact aid to State educational agencies to enable the State educational agencies to make emergency impact aid payments to eligible local educational agencies and eligible BIA-funded schools to enable such eligible local educational agencies and schools to provide for the instruction of students served by such agencies and schools. (2) Aid to local educational agencies and BIA-funded schools A State educational agency shall make emergency impact aid payments to eligible local educational agencies and eligible BIA-funded schools in accordance with subsection (c). (3) Notice of funds availability Not later than 14 calendar days after the date of enactment of this Act, the Secretary of Education shall publish in the Federal Register a notice of the availability of funds under this section. (b) Application (1) State educational agency A State educational agency that desires to receive emergency impact aid under this section shall submit an application to the Secretary of Education, not later than 7 calendar days after the date by which an application under paragraph (2) must be submitted, in such manner, and accompanied by such information as the Secretary of Education may reasonably require, including information on the total immigrant student child count of the State provided by eligible local educational agencies in the State and eligible BIA-funded schools in the State under paragraph (2). (2) Local educational agencies and BIA-funded schools An eligible local educational agency or eligible BIA-funded school that desires an emergency impact aid payment under this section shall submit an application to the State educational agency, not later than 14 calendar days after the date of the publication of the notice described in subsection (a)(3), in such manner, and accompanied by such information as the State educational agency may reasonably require, including documentation submitted quarterly for the 2014–2015 school year that indicates the following: (A) In the case of an eligible local educational agency, the number of immigrant students enrolled in the elementary schools and secondary schools (including charter schools) served by such agency for such quarter. (B) In the case of an eligible BIA-funded school, the number of immigrant students enrolled in such school for such quarter. (3) Determination of number of immigrant students In determining the number of immigrant students for a quarter under paragraph (2), an eligible local educational agency or eligible BIA-funded school shall include the number of immigrant students served— (A) in the case of a determination for the first quarterly installment, during the quarter prior to the date of enactment of this Act; and (B) in the case of a determination for each subsequent quarterly installment, during the quarter immediately preceding the quarter for which the installment is provided. (c) Amount of emergency impact aid (1) Aid to State educational agencies (A) In general The amount of emergency impact aid received by a State educational agency for the 2014–2015 school year shall equal the product of— (i) the increase (if any) in the number of immigrant students— (I) as determined by the eligible local educational agencies and eligible BIA-funded schools in the State under subsection (b)(2); over (II) the number of such students enrolled during the corresponding quarter of the 2012–2013 school year; and (ii) $12,000. (B) Insufficient funds If the amount available under this section to provide emergency impact aid under this subsection is insufficient to pay the full amount that a State educational agency is eligible to receive under this section, the Secretary of Education shall ratably reduce the amount of such emergency impact aid. (C) Retention of State share In the case of a State educational agency that has made a payment prior to the date of enactment of this Act to a local educational agency for the purpose of covering additional costs incurred as a result of enrolling an immigrant student in a school served by the local educational agency, the State educational agency may retain a portion of the payment described in paragraph (2)(A)(ii) that bears the same relation to the total amount of the payment under such paragraph as the sum of such prior payments bears to the total cost of attendance for all students in that local educational agency for whom the State educational agency made such prior payments. (2) Aid to eligible local educational agencies and eligible BIA-funded schools (A) Quarterly installments (i) In general A State educational agency shall provide emergency impact aid payments under this section on a quarterly basis for the 2014–2015 school year by such dates as determined by the Secretary of Education. Such quarterly installment payments shall be based on the number of immigrant students reported under subsection (b)(2). (ii) Payment amount Subject to paragraph (1)(B), each quarterly installment payment under clause (i) shall equal 25 percent of the amount determined under paragraph (1)(A). (iii) Timeline The Secretary of Education shall establish a timeline for quarterly reporting on the number of immigrant students in order to make the appropriate disbursements in a timely manner. (iv) Insufficient funds If, for any quarter, the amount available under this section to make payments under this subsection is insufficient to pay the full amount that an eligible local educational agency or eligible BIA-funded school is eligible to receive under this section, the State educational agency shall ratably reduce the amount of such payments. (3) Immigrant students Subject to the subsection (d), an eligible local educational agency or eligible BIA-funded school receiving emergency impact aid payments under this section shall use the payments to provide services and assistance to elementary schools and secondary schools (including charter schools) served by such agency, or to such BIA-funded school, that enrolled an immigrant student. (d) Use of funds (1) Authorized uses The authorized uses of funds are the following: (A) Paying the compensation of personnel, including teacher aides, in schools enrolling immigrant students. (B) Identifying and acquiring curricular material, including the costs of providing additional classroom supplies, and mobile educational units and leasing sites or spaces. (C) Basic instructional services for such students, including tutoring, mentoring, or academic counseling. (D) Reasonable transportation costs. (E) Health and counseling services. (F) Education and support services. (G) Other uses as allowed under title III of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6801 et seq. ). (2) Provision of special education and related services (A) In general In the case of an immigrant student who is a child with a disability, any payment made on behalf of such student to an eligible local educational agency shall be used to pay for special education and related services consistent with the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ). (B) Definitions In subparagraph (A), the terms child with a disability , special education , and related services have the meaning given such terms in section 602 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1401 ). (e) Return of aid (1) Eligible local educational agency or eligible bia-funded school An eligible local educational agency or eligible BIA-funded school that receives an emergency impact aid payment under this section shall return to the State educational agency any payment provided to the eligible local educational agency or school under this section that the eligible local educational agency or school has not obligated by the end of the 2014–2015 school year in accordance with this section. (2) State educational agency A State educational agency that receives emergency impact aid under this section, shall return to the Secretary of Education— (A) any aid provided to the agency under this section that the agency has not obligated by the end of the 2014–2015 school year in accordance with this section; and (B) any payment funds returned to the State educational agency under paragraph (1). (f) Limitation on use of aid and payments Aid and payments provided under this section shall only be used for expenses incurred during the 2014–2015 school year. (g) Administrative expenses A State educational agency that receives emergency impact aid under this section may use not more than 1 percent of such aid for administrative expenses. An eligible local educational agency or eligible BIA-funded school that receives emergency impact aid payments under this section may use not more than 2 percent of such payments for administrative expenses. (h) Special funding rule In calculating funding under section 8003 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7703 ) for an eligible local educational agency that receives an emergency impact aid payment under this section, the Secretary of Education shall not count immigrant students served by such agency for whom an emergency impact aid payment is received under this section, nor shall such students be counted for the purpose of calculating the total number of children in average daily attendance at the schools served by such agency as provided in section 8003(b)(3)(B)(i) of such Act ( 20 U.S.C. 7703(b)(3)(B)(i) ). (i) Nondiscrimination (1) In general Nothing in this Act may be construed to alter or modify the provisions of the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ), title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ), title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ), and the Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. ). (2) Prohibition A school that enrolls an immigrant student under this section shall not discriminate against students on the basis of race, color, national origin, religion, disability, or sex. (3) Rule of construction The amount of any payment (or other form of support provided on behalf of an immigrant student) under this section shall not be treated as income of a parent or guardian of the student for purposes of Federal tax laws or for determining eligibility for any other Federal program. (j) Treatment of State aid A State shall not take into consideration emergency impact aid payments received under this section by a local educational agency in the State in determining the eligibility of such local educational agency for State aid, or the amount of State aid, with respect to free public education of children. 4. Definitions (a) In general Unless otherwise specified, the terms used in this Act have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (b) Specific definitions In this Act: (1) Eligible local educational agency The term eligible local educational agency means a local educational agency that serves an elementary school or secondary school (including a charter school) in which there is enrolled an immigrant student. (2) Eligible BIA-funded school The term eligible BIA-funded school means a school funded by the Bureau of Indian Affairs in which there is enrolled an immigrant student. (3) Immigrant student The term immigrant student has the meaning given the term immigrant children and youth in section 3301 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7011 ).
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https://www.govinfo.gov/content/pkg/BILLS-113hr5611ih/xml/BILLS-113hr5611ih.xml
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113-hr-5612
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I 113th CONGRESS 2d Session H. R. 5612 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Israel introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Elementary and Secondary Education Act of 1965 to reduce the testing requirements for part A of title I of such Act, and for other purposes.
1. Short title This Act may be cited as the Tackling Excessive Standardized Testing Act of 2014 or the TEST Act of 2014 . 2. ESEA amendments (a) Academic assessments Section 1111(b)(3)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)(C)) is amended— (1) in clause (v)(I), by striking clause vii and inserting clause (vii) and as otherwise provided under clause (xvi) ; (2) in clause (vii), by inserting except as otherwise provided under clause (xvi), before beginning ; (3) by striking and at the end of clause (xiv); (4) by striking the period at the end of clause (xv); and (5) by adding at the end the following new clause: (xvi) beginning with the first full school year after the date of enactment of the TEST Act of 2014, in lieu of the requirements of clause (vii)— (I) authorize any public elementary school or public secondary school to administer the academic assessments in mathematics required under clause (vii) in each of grades 4, 6, and 8; (II) authorize any public elementary school or public secondary school to administer the academic assessments in reading or language arts required under clause (vii) in each of grades 3, 5, and 7; (III) authorize a public elementary schools or public secondary school at the 15th percentile or above for mathematics in the State (based on the achievement of students for the preceding school year in each of grades 4, 6, and 8 on the academics assessments in mathematics required under clause (vii)), to, for the school year following the administration of such assessments, administer the academic assessments in mathematics required under clause (vii) in each of grades 4 and 8; (IV) authorize a public elementary school or public secondary school at the 15th percentile or above for reading or language arts in the State (based on the achievement of students for the preceding school year in each of grades 3, 5, and 7 on the academics assessments in reading or language arts required under clause (vii)), to, for the school year following the administration of such assessments, administer the academic assessments in reading or language arts required under clause (vii) in each of grades 3 and 7; (V) authorize a public elementary school or public secondary school whose students do not meet the academic achievement requirements of subclause (III) of this clause, but which has demonstrated such level of progress with respect to the achievement of students on academic assessments in mathematics required under clause (vii), as determined appropriate by the Secretary to be authorized to administer assessments in mathematics in accordance with subclause (III) of this clause, to administer such assessments in mathematics in accordance with such subclause (III); and (VI) authorize a public elementary school or public secondary school whose students do not meet the academic achievement requirements of subclause (IV) of this clause, but which has demonstrated such level of progress with respect to the achievement of students on academic assessments in reading or language arts required under clause (vii), as determined appropriate by the Secretary to be authorized to administer assessments in reading or language arts in accordance with subclause (IV) of this clause, to administer such assessments in reading or language arts in accordance with such subclause (IV). . (b) Limited English proficient students Section 1111(b)(2)(C)(v) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(v)) is amended in the matter following item (dd), by inserting before the semicolon the following: and that the achievement of a student with limited English proficiency shall not be considered for purposes of such definition for the first 12 months that the student is enrolled in a public elementary school or public secondary school . (c) Application to waivers Section 9401 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7861 ) is amended— (1) in subsection (c)— (A) by striking or at the end of paragraph (9)(C); (B) by striking the period at the end of paragraph (10) and inserting ; or ; and (C) by adding at the end the following: (11) the requirement under section 1111(b)(2)(C)(v) that a student with limited English proficiency be excluded from the definition of adequate yearly progress for the first 12 months that the student is enrolled in a public elementary school or public secondary school. ; and (2) by adding at the end the following new subsection: (h) Options for certain academic assessments A waiver awarded under this section shall not prohibit a State educational agency from administering academic assessments in accordance with clause (xvi) of section 1111(b)(3)(C) in lieu of the requirements of clause (vii) of section 1111(b)(3)(C). .
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113-hr-5613
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I 113th CONGRESS 2d Session H. R. 5613 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Israel introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Federal Food, Drug, and Cosmetic Act to ensure that liquid over-the-counter medications are packaged with appropriate dosage delivery devices and, in the case of such medications labeled for pediatric use, appropriate flow restrictors, and for other purposes.
1. Short title This Act may be cited as the Protecting Our Kids’ Medicine Act of 2014 . 2. Dosage delivery devices for liquid OTC drugs and flow restrictors for such drugs labeled for pediatric use (a) In general Section 502 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 352 ) is amended by adding at the end the following: (dd) (1) If it is a liquid formulation of a drug that is not subject to section 503(b) and— (A) it is not packaged with a dosage delivery device in accordance with specifications to be determined by the Secretary by regulation; (B) in the case of such a liquid formulation that is labeled for pediatric use, it is not packaged with a dosage delivery device, as described in subparagraph (A), and— (i) a flow restrictor; or (ii) another mechanism to reduce the frequency and volume of accidental ingestion that provides a level of safety that is equivalent to or greater than the level of safety that would be provided by a flow restrictor, as determined by the Secretary by regulation; or (C) its labeling is in violation of subparagraph (2). (2) The Secretary shall require that any measurement in the labeling of a liquid formulation of a drug that is not subject to section 503(b), including any measurement in the labeling of a dosage delivery device packaged with the liquid formulation, be expressed exclusively in metric units. The Secretary may waive the requirement in the preceding sentence with respect to one or more liquid formulations if the Secretary determines that, with respect to such formulations, implementation of such requirement would not benefit the public health. (3) In this paragraph: (A) The term dosage delivery device — (i) means an object that is designed to measure the dosage of a drug in liquid form and deliver that drug to an individual; and (ii) includes calibrated cups, droppers, syringes, and spoons. (B) The term flow restrictor has such meaning as the Secretary may prescribe by regulation. . (b) Regulations Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall— (1) promulgate a final rule implementing the amendment made by subsection (a); and (2) include in such rule a definition of the term flow restrictor . (c) Applicability The amendment made by subsection (a) applies beginning on the date that is 1 year after the date of enactment of this Act.
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113-hr-5614
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I 113th CONGRESS 2d Session H. R. 5614 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Johnson of Ohio (for himself and Mr. Tonko ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To reauthorize the United States Anti-Doping Agency, and for other purposes.
1. Short title This Act may be cited as the United States Anti-Doping Agency Reauthorization Act . 2. Prohibit performance-enhancing methods Section 701 of title VII of the Office of National Drug Control Policy Reauthorization Act of 2006 ( 21 U.S.C. 2001 ) is amended— (1) in subsection (a), by striking paragraph (4); and (2) in subsection (b)— (A) in paragraph (1), by inserting and be recognized worldwide as the independent national anti-doping organization for the United States after Committee ; (B) in paragraph (2), by striking , or performance-enhancing genetic modifications accomplished through gene-doping and inserting or prohibited performance-enhancing methods adopted by the Agency ; (C) in paragraph (3), by striking , or performance-enhancing genetic modifications accomplished through gene-doping and inserting or prohibited performance-enhancing methods adopted by the Agency ; (D) in paragraph (4), by striking and the prevention of use of performance-enhancing drugs, or performance-enhancing genetic modifications accomplished through gene-doping by United States amateur athletes; and and inserting , and the prevention of use by United States amateur athletes of performance-enhancing drugs or prohibited performance-enhancing methods adopted by the Agency. ; and (E) by striking paragraph (5). 3. Authorization of appropriations Section 703 of title VII of the Office of National Drug Control Policy Reauthorization Act of 2006 ( 21 U.S.C. 2003 ) is amended to read as follows: 703. Authorization of appropriations There are authorized to be appropriated to the United States Anti-Doping Agency— (1) for fiscal year 2014, $11,300,000; (2) for fiscal year 2015, $11,700,000; (3) for fiscal year 2016, $12,300,000; (4) for fiscal year 2017, $12,900,000; (5) for fiscal year 2018, $13,500,000; (6) for fiscal year 2019, $14,100,000; and (7) for fiscal year 2020, $14,800,000. .
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113-hr-5615
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I 113th CONGRESS 2d Session H. R. 5615 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Sam Johnson of Texas 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 the tip tax credit to employers of cosmetologists and to promote tax compliance in the cosmetology sector.
1. Short title This Act may be cited as the Small Business Tax Equalization and Compliance Act of 2014 . 2. Expansion of credit for portion of social security taxes paid with respect to employee tips (a) Expansion of credit to other lines of business Paragraph (2) of section 45B(b) of the Internal Revenue Code of 1986 is amended to read as follows: (2) Application only to certain lines of business In applying paragraph (1), there shall be taken into account only tips received from customers or clients in connection with— (A) the providing, delivering, or serving of food or beverages for consumption if the tipping of employees delivering or serving food or beverages by customers is customary, or (B) the providing of any cosmetology service for customers or clients at a facility licensed to provide such service if the tipping of employees providing such service is customary. . (b) Definition of cosmetology service Section 45B of such Code is amended by redesignating subsections (c) and (d) as subsections (d) and (e), respectively, and by inserting after subsection (b) the following new subsection: (c) Cosmetology service For purposes of this section, the term cosmetology service means— (1) hairdressing, (2) haircutting, (3) manicures and pedicures, (4) body waxing, facials, mud packs, wraps, and other similar skin treatments, and (5) any other beauty-related service provided at a facility at which a majority of the services provided (as determined on the basis of gross revenue) are described in paragraphs (1) through (4). . (c) Effective date The amendments made by this section shall apply to tips received for services performed after December 31, 2013. 3. Information reporting and taxpayer education for providers of cosmetology services (a) In general Subpart B of part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by inserting after section 6050W the following new section: 6050X. Returns relating to cosmetology services and information to be provided to cosmetologists (a) In general Every person (referred to in this section as a reporting person ) who— (1) employs 1 or more cosmetologists to provide any cosmetology service, (2) rents a chair to 1 or more cosmetologists to provide any cosmetology service on at least 5 calendar days during a calendar year, or (3) in connection with its trade or business or rental activity, otherwise receives compensation from, or pays compensation to, 1 or more cosmetologists for the right to provide cosmetology services to, or for cosmetology services provided to, third-party patrons, shall comply with the return requirements of subsection (b) and the taxpayer education requirements of subsection (c). (b) Return requirements The return requirements of this subsection are met by a reporting person if the requirements of each of the following paragraphs applicable to such person are met. (1) Employees In the case of a reporting person who employs 1 or more cosmetologists to provide cosmetology services, the requirements of this paragraph are met if such person meets the requirements of sections 6051 (relating to receipts for employees) and 6053(b) (relating to tip reporting) with respect to each such employee. (2) Independent contractors In the case of a reporting person who pays compensation to 1 or more cosmetologists (other than as employees) for cosmetology services provided to third-party patrons, the requirements of this paragraph are met if such person meets the applicable requirements of section 6041 (relating to returns filed by persons making payments of $600 or more in the course of a trade or business), section 6041A (relating to returns to be filed by service-recipients who pay more than $600 in a calendar year for services from a service provider), and each other provision of this subpart that may be applicable to such compensation. (3) Chair renters (A) In general In the case of a reporting person who receives rent or other fees or compensation from 1 or more cosmetologists for use of a chair or for rights to provide any cosmetology service at a salon or other similar facility for more than 5 days in a calendar year, the requirements of this paragraph are met if such person— (i) makes a return, according to the forms or regulations prescribed by the Secretary, setting forth the name, address, and TIN of each such cosmetologist and the amount received from each such cosmetologist, and (ii) furnishes to each cosmetologist whose name is required to be set forth on such return a written statement showing— (I) the name, address, and phone number of the information contact of the reporting person, (II) the amount received from such cosmetologist, and (III) a statement informing such cosmetologist that (as required by this section), the reporting person has advised the Internal Revenue Service that the cosmetologist provided cosmetology services during the calendar year to which the statement relates. (B) Method and time for providing statement The written statement required by clause (ii) of subparagraph (A) shall be furnished (either in person or by first-class mail which includes adequate notice that the statement or information is enclosed) to the person on or before January 31 of the year following the calendar year for which the return under clause (i) of subparagraph (A) is to be made. (c) Taxpayer education requirements In the case of a reporting person who is required to provide a statement pursuant to subsection (b), the requirements of this subsection are met if such person provides to each such cosmetologist annually a publication, as designated by the Secretary, describing— (1) in the case of an employee, the tax and tip reporting obligations of employees, and (2) in the case of a cosmetologist who is not an employee of the reporting person, the tax obligations of independent contractors or proprietorships. The publications shall be furnished either in person or by first-class mail which includes adequate notice that the publication is enclosed. (d) Definitions For purposes of this section— (1) Cosmetologist (A) In general The term cosmetologist means an individual who provides any cosmetology service. (B) Anti-avoidance rule The Secretary may by regulation or ruling expand the term cosmetologist to include any entity or arrangement if the Secretary determines that entities are being formed to circumvent the reporting requirements of this section. (2) Cosmetology service The term cosmetology service has the meaning given to such term by section 45B(c). (3) Chair The term chair includes a chair, booth, or other furniture or equipment from which an individual provides a cosmetology service (determined without regard to whether the cosmetologist is entitled to use a specific chair, booth, or other similar furniture or equipment or has an exclusive right to use any such chair, booth, or other similar furniture or equipment). (e) Exceptions for certain employees Subsection (c) shall not apply to a reporting person with respect to an employee who is employed in a capacity for which tipping (or sharing tips) is not customary. . (b) Conforming amendments (1) Section 6724(d)(1)(B) of such Code (relating to the definition of information returns) is amended by striking or at the end of clause (xxiv), by striking and at the end of clause (xxv) and inserting or , and by inserting after clause (xxv) the following new clause: (xvi) section 6050X(a) (relating to returns by cosmetology service providers), and . (2) Section 6724(d)(2) of such Code is amended by striking or at the end of subparagraph (GG), by striking the period at the end of subparagraph (HH) and inserting , or , and by inserting after subparagraph (HH) the following new subparagraph: (II) subsections (b)(3)(A)(ii) and (c) of section 6050X (relating to cosmetology service providers) even if the recipient is not a payee. . (3) The table of sections for subpart B of part III of subchapter A of chapter 61 of such Code is amended by adding after the item relating to section 6050W the following new item: Sec. 6050X. Returns relating to cosmetology services and information to be provided to cosmetologists. . (c) Effective date The amendments made by this section shall apply to calendar years after 2013.
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113-hr-5616
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I 113th CONGRESS 2d Session H. R. 5616 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Ms. Kaptur (for herself, Ms. Fudge , Ms. Moore , Ms. Norton , Ms. Matsui , Ms. Pingree of Maine , Mr. Ryan of Ohio , Mr. McGovern , Mr. Conyers , and Mr. Young of Alaska ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To promote and enhance urban agricultural production and agricultural research in urban areas, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Urban Agriculture Production Act . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Urban agriculture outreach program. Sec. 4. Covering urban farmers and ranchers under Office of Advocacy and Outreach. Sec. 5. Urban agriculture research initiative. Sec. 6. Amending agriculture programs. Sec. 7. Improving agricultural reporting. 2. Findings Congress finds the following: (1) Dramatic economic, demographic, and land use changes have created pockets of arable land suitable for agricultural production in and around urban areas of the United States. (2) Advances in agricultural practices make production possible in and around urban areas that were previously cordoned off from agricultural production. (3) There is a disconnect between daily urban life and food production that urban agriculture can help address. (4) According to the Economic Research Service of the Department of Agriculture, direct sales of agricultural products have grown to $1,200,000,000 with 89 percent of all sales coming from farms in urban metropolitan and adjacent areas. (5) It is imperative to ensure that urban agricultural production remains a viable option to help meet the food production needs of the future. 3. Urban agriculture outreach program (a) Grants authorized The Secretary of Agriculture shall establish an urban agriculture outreach program under which the Secretary shall award grants to eligible entities to support outreach activities for any of the following: (1) Infrastructure, including distribution systems to support new or expanded agricultural production in and around urban areas (as defined in section 226B(a) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6934(a) )). (2) Land acquisition and land conversion to support new or expanded agricultural production in and around urban areas, including in and around brownfields and other underutilized tracts of land. (3) Education and training to enhance agricultural production in and around urban areas. (4) Providing assistance to farmers or ranchers in urban areas with respect to the aggregation of the farmer’s or rancher’s products and supplies for purposes of transportation to market. (5) Other activities that support urban agricultural production as determined by the Secretary. (b) Term of grant (1) In general The term of a grant awarded under this section shall be not less than one year. (2) Renewals A grant awarded under this section may be renewed at the discretion of the Secretary. (c) Priority In awarding grants under this section, the Secretary shall give a preference to eligible entities seeking a grant for outreach activities to be carried out in historically underserved communities (as defined by the Secretary). (d) Definitions In this section: (1) Eligible entity The term eligible entity means— (A) a community organization; (B) a nonprofit organization; (C) a municipality; (D) a local educational agency (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )); (E) an institution of higher education (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )); or (F) any other entity as determined by the Secretary of Agriculture. (e) Authorization of appropriations There are authorized to be appropriated to carry out this section $50,000,000 for fiscal year 2015 and each fiscal year thereafter. 4. Covering urban farmers and ranchers under Office of Advocacy and Outreach Section 226B of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6934 ) is amended— (1) in subsection (a), by adding at the end the following new paragraphs: (4) Urban area The term urban area means an area within a Metropolitan Statistical Area (as defined by the Office of Management and Budget). (5) Urban farmer or rancher The term urban farmer or rancher means a farmer or rancher who owns or operates a farm or ranch in an urban area. ; (2) in subsection (b)(1)— (A) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; and (B) by inserting after clause (i) the following new clause: (ii) urban farmers or ranchers; ; (3) in subsection (c)— (A) in the matter preceding paragraph (1), by striking and socially disadvantaged farmers or ranchers and inserting socially disadvantaged farmers or ranchers, and urban farmers or ranchers ; (B) in paragraph (1), by striking or socially disadvantaged and inserting socially disadvantaged, or urban ; (C) in paragraph (5), by striking and socially disadvantaged farmers or ranchers and inserting socially disadvantaged farmers or ranchers, and urban farmers or ranchers ; and (D) in paragraph (6), by inserting directly after programs ; (4) by redesignating subsection (f) as subsection (g); and (5) by inserting after subsection (e) the following new subsection: (f) Urban Farmers and Ranchers Group (1) Establishment The Secretary shall establish within the Office the Urban Farmers and Ranchers Group. (2) Membership (A) In general The Urban Farmers and Ranchers Group shall be composed of— (i) seven employees of the Department of Agriculture, each of whom shall represent a distinct mission area of the Department; and (ii) such other officers or employees of the United States as the Secretary determines are necessary. (B) Pay Officers and employees of the United States shall not receive additional compensation for service as a member of the Group. (3) Duties The Urban Farmers and Ranchers Group shall— (A) carry out and administer the urban agriculture outreach program established under section 3 of the Urban Agriculture Production Act; (B) establish and administer an information clearinghouse on agricultural activities in urban areas, including best practices; (C) consult with public and private groups, including research institutions, on how to enhance agricultural production in urban areas; and (D) provide technical assistance to urban farmers and ranchers to assist such farmers and ranchers (including urban gardeners)— (i) in identifying appropriate land, space, or buildings for lease or purchase; (ii) in preparing loan applications, identifying appropriate funding sources, and by connecting such farmers and ranchers with loan officers and other appropriate personnel; (iii) in connecting to the network of farmers’ markets throughout the United States; (iv) in diversifying the marketing plans of the farmers’ or ranchers’ products by encouraging the formation of community-supported agriculture groups and direct wholesale opportunities; (v) by providing for business development and management activities, including professional development activities; (vi) with understanding and navigating municipal laws, regulations, ordinances, and policies with respect to obtaining permits, zoning, and water access; (vii) with registering the farming business of such farmers or ranchers, satisfying any legal requirements applicable to such registration (including obtaining licenses and registrations), and organizing an appropriate business structure; and (viii) in establishing relationships with a wide range of field partners and in finding resources to assist such farmers or ranchers achieve efficient and viable production. . 5. Urban agriculture research initiative (a) In general The Secretary of Agriculture shall award grants, on a competitive basis, for scientific research on promoting and enhancing agricultural production in urban areas (as defined in section 226B(a) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6934(a) )), including, with respect to improving production efficiency, production, and profitability— (1) marketing new innovations and technologies; (2) methods to protect crops and agricultural products from pests and disease; (3) methods to enhance food safety related to production; and (4) other research areas the Secretary determines are appropriate. (b) Report to Congress Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, and make publicly available on the Internet site of the Department of Agriculture, a report summarizing the research conducted under subsection (a). (c) Funding Of the funds of the Commodity Credit Corporation, the Secretary shall make available to carry out this section $20,000,000 for each of fiscal years 2015 through 2018. 6. Amending agriculture programs (a) Expansion of the farmers’ market promotion program (1) Promotion program establishment Section 6(a) of the Farmer-to-Consumer Direct Marketing Act of 1976 ( 7 U.S.C. 3005(a) ) is amended— (A) by inserting , loans, or loan guarantees after make grants ; (B) by inserting or activities after projects ; and (C) by striking development of local food business enterprises. and inserting the following: development of local food business enterprises, including— (1) projects for the construction of new farmers’ markets; (2) projects for the improvement or rehabilitation of existing farmers’ markets; (3) projects for the acquisition of equipment for farmers’ markets and other infrastructure needs; (4) projects for the purchase, acquisition, and rehabilitation of land or property for use as a farmers' market; (5) activities carried out through agri-tourism initiatives; (6) marketing and advertising activities; (7) transportation and delivery activities; (8) education and outreach and activities to encourage farmers’ markets participation in Federal and State food and nutrition assistance programs; (9) business development and management activities, including professional development activities; (10) projects for the establishment of satellite locations of existing farmers’ markets designed to increase sales in areas not easily accessible through traditional transportation; and (11) activities carried out through planning and feasibility initiatives for new or expanding farmers’ markets. . (2) Purposes Section 6 of the Farmer-to-Consumer Direct Marketing Act of 1976 ( 7 U.S.C. 3005 ) is amended— (A) by striking subsection (b); and (B) by redesignating subsections (c), (d), and (e) as subsections (b), (c), and (d), respectively. (3) Eligibility Subsection (b) of section 6 of the Farmer-to-Consumer Direct Marketing Act of 1976 ( 7 U.S.C. 3005 ) (as so redesignated) is amended— (A) in the matter preceding paragraph (1), by inserting , loan, or loan guarantee after grant ; (B) by striking paragraph (1) and inserting the following new paragraph: (1) a State government agency; ; (C) in paragraph (2), by inserting agency after government ; (D) by striking paragraphs (4) and (5); (E) by inserting after paragraph (3) the following new paragraph: (4) an operator of a farmers’ market; ; and (F) by redesignating paragraphs (6) and (7) as paragraphs (5) and (6), respectively. (4) Priorities Subsection (d)(1) of section 6 of the Farmer-to-Consumer Direct Marketing Act of 1976 (7 U.S.C. 3005), as redesignated by paragraph (2)(B), is amended by inserting or an urban area (as defined in section 226B(a) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6934(a) )) after regionally grown foods . (5) Interest rate; Application; Condition Section 6 of the Farmer-to-Consumer Direct Marketing Act of 1976 ( 7 U.S.C. 3005 ), as amended by paragraph (2), is further amended— (A) by redesignating subsections (f) and (g) as subsections (h) and (i), respectively; and (B) by inserting after subsection (d) (as redesignated by paragraph (2)(B)) the following new subsections: (e) Interest rate (1) In general The interest rate on a loan under this section (other than a loan guarantee under this section) shall be as determined by the Secretary, but not less than such rate as determined by the Secretary of the Treasury taking into consideration the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the maturities of such loan, as determined by the Secretary of the Treasury on the date the loan is made. (2) Duration The interest rate for each loan under this section shall remain in effect for the term of the loan. (f) Application An eligible entity seeking a grant, loan, or loan guarantee under this section shall submit to the Secretary an application in such time and in such manner and containing such information as the Secretary may require, including documentation demonstrating the financial need of the entity. (g) Condition As a condition of receiving a grant, loan, or loan guarantee under this section, a recipient of such a grant, loan, or loan guarantee shall certify that the recipient will reserve, for the sale of locally produced food products (as determined by the Secretary) produced by farmers, ranchers, or aquaculture, mariculture, or fisheries operators, or by associations of farmers, ranchers, or those operators, not less than 50 percent of the floor area of a farmers’ market— (1) that is operated or facilitated by the recipient; and (2) with respect to which grant or loan funds will be used. . (6) Funding Subsection (i) of section 6 of the Farmer-to-Consumer Direct Marketing Act of 1976 ( 7 U.S.C. 3005 ) (as redesignated by paragraph (4)) is amended— (A) in paragraph (1)— (i) in subparagraph (C), by striking and at the end; (ii) in subparagraph (D), by striking each of fiscal years 2014 through 2018. and inserting fiscal year 2014; and ; and (iii) by adding at the end the following new subparagraph: (E) $50,000,000 for each of fiscal years 2015 through 2018. ; (B) by striking paragraph (4) and inserting the following new paragraph: (4) Use of funds (A) EBT Not less than 10 percent of the funds used to carry out this section in a fiscal year under paragraph (1) or (3) shall be used to support the use of electronic benefits transfers for Federal nutrition programs at farmers’ markets. (B) Grants Not less than 70 percent of the funds made available to carry out this section in a fiscal year shall be used to make grants to eligible entities. ; and (C) in paragraph (5)— (i) in the heading, by inserting technical assistance and before administrative expenses ; and (ii) by inserting to provide technical assistance or before for administrative expenses . (b) Extension of and additional funding for seniors farmers’ market nutrition program (1) Extension of program Section 4402(a) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 3007(a) ) is amended to read as follows: (a) Establishment The Secretary of Agriculture shall use funds available to the Commodity Credit Corporation to carry out and expand a seniors farmers’ market nutrition program in the following amounts: (1) For fiscal year 2015, $25,000,000. (2) For fiscal year 2016, $50,000,000. (3) For fiscal year 2017, $75,000,000. (4) For each of fiscal years 2018 through 2020, $100,000,000. . (2) Purposes Section 4402(b)(1) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 3007(b)(1) ) is amended— (A) by striking unprepared and inserting minimally processed ; and (B) by striking and herbs and inserting herbs, and other locally produced farm products, as the Secretary considers appropriate, . (3) Administrative costs; unexpended funds Section 4402 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 3007 ) is amended by adding at the end the following: (h) Administrative costs Not more than 10 percent of the funds made available for a fiscal year under subsection (a) may be used to pay administrative costs incurred in carrying out this section. (i) Unexpended funds To the extent the funds made available under subsection (a) for a fiscal year are not expended in that fiscal year, the Secretary shall use such funds in a subsequent fiscal year for the same purpose. (j) Priorities In providing funds made available under this section, the Secretary shall give priority to farmers’ markets that have an operational seniors farmers’ market program and to seniors farmers’ markets programs in historically underserved communities (as defined by the Secretary). . (c) Community food projects Section 25 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2034 ) is amended— (1) in subsection (a)(1)— (A) in subparagraph (B)— (i) in clause (i)— (I) by striking (i)(I) and inserting the following: (A) (i) ; (II) by striking (II) and inserting the following: (ii) ; and (III) by striking (III) and inserting the following: (iii) ; and (ii) in clause (ii)— (I) by striking (ii)(I) and inserting the following: (B) (i) ; (II) by striking (II) and inserting the following: (ii) ; and (III) by striking (III) and inserting the following: (iii) ; and (B) by striking that— and all that follows through (B) is and inserting that is— ; and (2) in subsection (b)(2)(C), by striking $9,000,000 and inserting $10,000,000 . 7. Improving agricultural reporting (a) Evaluation of farmers’ markets in census of agriculture Section 2(a) of the Census of Agriculture Act of 1997 ( 7 U.S.C. 2204g(a) ) is amended by adding at the end the following new paragraph: (3) Inclusion of farmers’ markets Effective beginning with the first census of agriculture conducted after the date of the enactment of the Urban Agriculture Production Act , the Secretary shall include as part of each census of agriculture— (A) an evaluation of the state of farmers’ markets in the United States, including information regarding the size, location, operational capacity, and geographic dispersion of farmers’ markets and types of food products sold (both in terms of product diversity and sales locations) through farmers’ markets; and (B) an analysis of the economic impact of farmers’ markets, including the success of Federal programs in promoting and supporting farmers’ markets. . (b) Coordinated annual report on farmers’ markets Beginning on the date that is 90 days after the date of the enactment of this Act and each year thereafter, the Secretary of Agriculture shall submit to Congress and publish on the Internet site of the Department of Agriculture a report on the status of farmers’ markets in the United States. Such report shall include with respect to farmers’ markets in the United States for each year, the following information: (1) The number of farmers’ markets. (2) The number of farmers’ markets established during such year except that for the first year a report is submitted under this section, the report shall include the number of farmers’ markets for the five years immediately preceding the first reporting year. (3) The economic value of an average farmers’ market. (4) The type of governmental assistance provided to farmers’ markets. (5) The products that are typically sold at farmers’ markets. (6) The number of farmers’ markets that accept as a form of payment benefits distributed through— (A) the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ); (B) the seniors farmers’ market nutrition program established under section 4402 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 3007 ); (C) the special supplemental nutrition program for women, infants, and children established under section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 ); and (D) any other Federal or State nutrition assistance program as determined appropriate by the Secretary. (7) The methods through which farmers’ markets process the forms of payment described in paragraph (6). (8) The average income of a farmers’ market operator. (9) The average profit of a farmers’ market operator. (10) The average expense of a farmers’ market operator. (11) Other occupations of operators of farmers’ markets. (12) The percentage of food at farmers’ markets that is locally produced. (13) Any other information related to farmers’ markets in the United States that the Secretary determines is important to promote and enhance the use of farmers’ markets. (c) Report on status of agricultural production in and around urban areas Not later than 90 days after the date of the enactment of this Act and not later than 90 days after the end of each fiscal year thereafter, the Secretary of Agriculture shall submit a report to Congress (and make such report publicly available electronically) on the status of agricultural production in urban areas (as defined in section 226B(a) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6934(a) )). The report shall include— (1) with respect to agricultural production in urban areas, information on— (A) the percentage and economic value of such production; (B) the most popular type of agricultural activity in which individuals are engaged in such production; (C) the most recent best practices for such production; (D) the type of agricultural products marketed and sold through such production; and (E) the progress made toward strengthening local food systems in carrying out such production; (2) an analysis of local government regulations, including zoning, that have supported or could support sustainable agricultural production in urban areas; and (3) recommendations on how to further agricultural production in urban areas. (d) Performance goals The Secretary of Agriculture shall incorporate promoting and enhancing agricultural production in urban areas into the Department of Agriculture performance goals established in the agency performance plan under section 1115 of title 31, United States Code, and updated in accordance with section 1116 of such title.
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113-hr-5617
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I 113th CONGRESS 2d Session H. R. 5617 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Kilmer (for himself, Mr. Capuano , Mr. Cicilline , Mr. Connolly , Ms. DelBene , Mr. Deutch , Ms. Esty , Ms. Hahn , Mr. Hanna , Ms. Lee of California , Ms. Lofgren , Mr. Lowenthal , Mr. McDermott , Mr. Moran , Mr. Murphy of Florida , Mr. Nadler , Mr. Polis , Mr. Rangel , Ms. Ros-Lehtinen , Mr. Schiff , Mr. Takano , Ms. Velázquez , Mr. Blumenauer , Ms. Schwartz , Mr. Swalwell of California , Mr. Grijalva , Mr. Smith of Washington , Mr. Himes , Ms. Kuster , Mr. Peters of California , Ms. Meng , and Ms. Brownley of California ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 17, United States Code, with respect to the definition of widow and widower , and for other purposes.
1. Short title This Act may be cited as the Copyright and Marriage Equality Act . 2. Definition of widow and widower in title 17 , United States Code (a) In general Section 101 of title 17, United States Code, is amended by striking the definition of widow or widower and inserting the following: An individual is the widow or widower of an author if the courts of the State in which the individual and the author were married (or, if the individual and the author were not married in any State but were validly married in another jurisdiction, the courts of any State) would find that the individual and the author were validly married at the time of the author’s death, whether or not the spouse has later remarried. . (b) Effective date The amendment made by subsection (a) shall apply with respect to the death of any author that occurs on or after the date of the enactment of this Act.
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113-hr-5618
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I 113th CONGRESS 2d Session H. R. 5618 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Kilmer (for himself, Mr. Cuellar , Mr. Carney , Mr. Barber , and Mr. Gallego ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs , and in addition to the Committee on the Budget , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish a pilot program to improve the management and accountability within the Veterans Health Administration of the Department of Veterans Affairs, to provide oversight of the Veterans Health Administration, and for other purposes.
1. Short title This Act may be cited as the Veterans Health Administration Management Improvement Act . 2. Comptroller General management review of Veterans Health Administration (a) Management review (1) In general During the five-year period beginning on the date of the enactment of this Act, the Comptroller General of the United States shall conduct a management review of the Veterans Health Administration of the Department of Veterans Affairs. (2) Matters included The management review under paragraph (1) shall include a review, with respect to the Veterans Health Administration, of the following: (A) The management structure, including the roles and responsibilities among the various organizational components (local facilities, regional networks, and the central office). (B) The oversight of core functions, including the extent to which lines of accountability are clearly delineated. (C) The evaluation plan, operations, and capacity to implement results-based strategic planning. (D) The extent to which contractors are used and monitored to support core management functions. (E) Internal communication mechanisms, including expectations for communications, that support the mission. (F) The setting of priorities and the monitoring of such priorities. (G) Budgeting and resource allocation processes. (H) Workforce planning. (I) Human capital processes, including training activities, to ensure timely hiring and effective retention of a qualified workforce. (J) Information technology to support core functions and activities. (K) How each of the matters described in subparagraphs (A) through (J) may differ for rural medical facilities of the Department of Veterans Affairs. (L) Incentives, including any perverse incentives, affecting employee actions, quality of care, and the provision of services. (M) Insights from employees and employee representatives about the work environment and the level of engagement of such employees as can be derived from the results of the annual Federal employee survey and other internal surveys administered by the Secretary of Veterans Affairs. (N) Insights on the findings of the Comptroller General from veteran service organizations, organizations representing employees of the Veterans Health Administration, other stakeholders, and the Management and Accountability Ombudsman described in section 312B of title 38, United States Code, as added by section 4. (b) Reports Not later than one year after the date of the enactment of this Act, and annually thereafter for a four-year period, the Comptroller General shall submit to Congress one or more reports that include— (1) the matters reviewed under subsection (a)(1); and (2) recommendations of the Comptroller General based on such matters. 3. Pilot program to improve management and accountability of Veterans Health Administration (a) Establishment The Secretary of Veterans Affairs shall establish a pilot program to improve the management and accountability within the Veterans Health Administration. (b) Goals of pilot program The Secretary shall carry out the pilot program under subsection (a) in a manner that ensures that— (1) the employees of the Veterans Health Administration have an opportunity to learn, implement, and identify successful means of advancing the management of the Veterans Health Administration and the delivery of care and services; and (2) the management and delivery of care and services at medical facilities of the Department is improved by implementing the recommendations of the Comptroller General of the United States based on the management review conducted under section 2, and any other appropriate recommendations, with respect to the planning and evaluation capabilities of the Veteran Health Administration. (c) Application of certain laws during pilot program (1) Application of performance plan requirements During the period in which the Secretary carries out the pilot program under subsection (a), the Secretary shall carry out section 1115(b) of title 31, United States Code, as follows: (A) In paragraph (2), by substituting , unless authorized to be in an alternative form under subsection (c), and situate each goal in the context of its own logic modeling of how the operations and activities of the agency, in coordination with any significant operations and activities from external entities, will contribute toward achieving the goals and responsibilities of the agency; for unless authorized to be in an alternative form under subsection (c); . (B) By including in the agency performance plan described in such section 1115(b), for each performance goal covered by the plan, an identification and assessment of the risks of creating new, or perpetuating existing, perverse incentives, and strategies for risk assessment, monitoring, and mitigation, using a suitable risk management approach. (2) Application of performance reporting requirements During the period in which the Secretary carries out the pilot program under subsection (a), the Secretary shall carry out subsection (c) of section 1116 of title 31, United States Code, by including in the update required by such subsection statistical information regarding the Veterans Health Administration that— (A) is useful to multiple stakeholders for internal management and external oversight; and (B) provides insight into how programs are planned, financed, and managed, regarding— (i) the population of veterans, important subgroups thereof, and the status of such veterans; (ii) the capacity of the operations of the Veterans Health Administration under enacted resource levels, listed by important subcategories as appropriate; and (iii) the workload of the Veterans Health Administration, listed by important subcategories as appropriate. (3) Application of functions of chief operating officer During the period in which the Secretary carries out the pilot program under subsection (a), the Secretary shall carry out section 1123(b)(1) of title 31, United States Code, by substituting strategic and performance planning, measurement, evaluation, analysis, regular assessment of progress, risk management (including the risks of perverse incentives), and use of performance information to improve the results achieved for strategic and performance planning, measurement, analysis, regular assessment of progress, and use of performance information to improve the results achieved . (d) Evaluation plan The Secretary shall prepare an annual organization evaluation plan for the Veterans Health Administration that is informed by the recommendations of the Comptroller General based on the management review conducted under section 2. (e) Assistance in pilot program The Management and Accountability Ombudsman described in section 312B of title 38, United States Code, as added by section 4(a), shall assist in the pilot program under subsection (a) by— (1) identifying areas in which employees of the Department have problems implementing the pilot program, including application of logic modeling, managing risk of perverse incentives, and other issues that the Ombudsman determine appropriate; (2) to the extent practicable, proposing changes in the administrative practices of the implementation of the pilot program to mitigate problems identified under paragraph (1); and (3) reviewing, examining, and making recommendations regarding logic modeling policies, strategies, and programs of the Veterans Health Administration. (f) Briefings (1) Initial briefing Not later than 90 days before the Secretary commences the pilot program under subsection (a), the Secretary shall provide to the Committees on Veterans’ Affairs of the House of Representatives and the Senate and the Comptroller General a briefing on— (A) a logic model of how the features of the pilot program will address the problems identified in the management review conducted under section 2; and (B) such other items as the Secretary determines appropriate. (2) Updates Not later than 240 days after the Secretary commences the pilot program under subsection (a), and annually thereafter during the period in which the Secretary carries out the pilot program, the Secretary shall provide to the Committees on Veterans’ Affairs of the House of Representatives and the Senate and the Comptroller General a briefing on— (A) an evaluation of the implementation and effectiveness of carrying out this section, including any challenges encountered and lessons learned; (B) planned actions to improve the success of the pilot program, including a milestone plan for such actions; and (C) such other items as the Secretary determines appropriate. (g) Duration The Secretary shall— (1) commence the pilot program under subsection (a) by not later than 180 days after the date on which the Comptroller General submits the report under section 2(b); and (2) carry out the pilot program for a period of five years. (h) Definitions In this section: (1) The term logic modeling means an approach, also referred to as program theory, program modeling, or theory of change, that articulates the assumptions of the strategy or tactics of a program or activity and how such strategy or tactics relate to the benefits that the program or activity is expected to contribute toward in order to achieve certain goals, objectives or responsibilities, and may include— (A) the mapping of direct and indirect relationships among relevant resources, activities, milestones, outputs, intermediate outcomes, and end outcomes; and (B) if significant coordination or cooperation with entities external to a program or activity may contribute to achieving the relevant goals, objectives, or responsibilities, the mapping of the roles of entities external to the program or activity. (2) The term risk management means the processes that are used to identify, assess, monitor, mitigate, and report on risks to achieving the missions, goals, and objectives of a department, agency, or program using resources and processes appropriate to the nature of risks and resources available. 4. Management and accountability ombudsman (a) In general Chapter 3 of title 38, United States Code, is amended by inserting after section 312A the following new section: 312B. Management and accountability ombudsman (a) In general (1) There is in the Department an Office of the Management and Accountability Ombudsman (in this section referred to as the Office ). There is at the head of the Office an Ombudsman, who shall be appointed by the President from among individuals with a background in enterprise risk management. (2) The Ombudsman shall report directly to the Secretary but the Secretary may not prevent or prohibit the Ombudsman from initiating, carrying out, or completing any responsibility of the Ombudsman. (3) The Secretary shall determine the appropriate level of staffing and distribution of responsibility to ensure the success of the Office. (4) The President shall include in the budget transmitted to the Congress for each fiscal year pursuant to section 1105 of title 31 an estimate of the amount for the Office that is sufficient to provide for a number of full-time positions in the Office. (b) Responsibilities The Ombudsman shall— (1) receive and address reports from employees and employee representatives of the Veterans Health Administration Affairs and assist in resolving problems with the management, administration, and delivery of care of the Veterans Health Agency; (2) communicate to the Secretary the observations and findings received pursuant to paragraph (1); (3) conduct inspections of medical facilities of the Veterans Health Administration, including non-Department facilities that provide care pursuant to a contract entered into under chapter 17 of this title as necessary; (4) establish a program under which the Ombudsman and the Secretary shall— (A) provide incentives to employees of the Veterans Health Administration who suggest methods to improve the management and operations of the Veterans Health Administration; (B) carry out in a pilot program the suggestions that are likely to be successful; and (C) if such a pilot program demonstrates that a suggestion causes a marked improvement in such management and operations— (i) reward the employee who made such suggestion; and (ii) carry out such suggestion throughout the Veterans Health Administration; and (5) not less frequently than once each calendar quarter, provide to the Secretary a summary and relevant statistics concerning the activities and findings of the Ombudsman, including a summary of the suggestions made and carried out pursuant to paragraph (4). (c) Request for investigations The Ombudsman may request the Inspector General of the Department to conduct an inspection, investigation, or audit. Upon such a request, the Inspector General shall respond to the Ombudsman explaining the plan of the Inspector General to comply with such request or the rationale of the Inspector General for denying such request. (d) Coordination The Secretary shall ensure that each element of the Department has procedures to provide the Ombudsman with formal responses to any recommendation submitted by the Ombudsman to the head of such element. (e) Annual reports Not later than June 30 of each year, the Ombudsman shall submit to the Committees on Veterans’ Affairs of the Senate and the House of Representatives a report on the objectives of the Ombudsman for the fiscal year beginning in such calendar year. Each report shall— (1) contain a full and substantive analysis, in addition to statistical information; and (2) set forth any recommendations the Ombudsman has made on improving the management and accountability of the employees of the Department and any responses received under subsection (d) with respect to the estimates described in section 117(b) of this title. (f) Risk management defined In this section, the term risk management means the processes that are used to identify, assess, monitor, mitigate, and report on risks to achieving a the mission, goals, and objectives of a department, agency, or program using resources and processes appropriate to the nature of risks and resources available. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 312A the following new item: 312B. Management and Accountability Ombudsman. . (c) Comptroller General reports The Comptroller General of the United States shall review each budget of the President submitted to Congress under section 1105 of title 31 during 2015 through 2020 to evaluate the proposed budget for health care provided by the Secretary of Veterans Affairs. The Comptroller General shall submit to the Committees on Veterans’ Affairs of the Senate and the House of Representatives a report containing the results of each such review, at such times and with such additional matters as the Comptroller General determines appropriate in consultation with such committees. 5. Veterans’ Bill of Rights (a) Display The Secretary of Veterans Affairs shall ensure that the Veterans’ Bill of Rights described in subsection (e) is printed on signage in accessible formats and displayed prominently and conspicuously in each medical facility of the Department of Veterans Affairs in accordance with subsection (c). (b) Education of Department employees The Secretary shall ensure that employees of the Department receive training on the Veterans’ Bill of Rights described in subsection (e). (c) Outreach The Secretary shall conduct outreach to inform veterans about the Veterans’ Bill of Rights described in subsection (e) by— (1) ensuring that such Bill of Rights is available on the Internet website of the Department and prominently displayed (using posters printed in a large type that allows for individuals with 20/20 vision to read the print from 10 feet away) in public spaces, lobbies, visitor centers, clinic waiting rooms, and patient sitting rooms of the Department; (2) briefing patients about such Bill of Rights when the patient enrolls in the system of patient enrollment system under section 1705 of title 38, United States Code; and (3) conducting other types of outreach targeted at specific groups of veterans, which may include, at a minimum, outreach conducted on other Internet websites or through veterans service organizations, health fairs, and the Veterans Health Administration Veterans Center outreach program. (d) Implementation The Secretary shall ensure that the Veterans Health Administration honors the rights described in subsection (e). (e) Veterans’ Bill of Rights The Veterans’ Bill of Rights described in this subsection is a statement that veterans should have, at a minimum and in addition to the rights covered by section 17.33 of title 38, Code of Federal Regulations, the following rights: (1) The right to access the highest quality care, including the right to the most appropriate technology and qualified practitioners. (2) The right to continuity of care in the transition from the health program of the Department of Defense to the health care system of the Department of Veterans Affairs. (3) The right to receive assistance in understanding the available benefits and services to which the veteran is entitled. (4) The right to receive a careful explanation of a proposed diagnostic or therapeutic procedure or course of treatment by the appropriate medical practitioner, including with respect to the risks, complications, alternatives, and results. (5) The right to ask questions concerning health treatment. (f) Veterans’ bill of rights The Veterans’ Bill of Rights described in this subsection is a statement that veterans who receive health care provided under the laws administered by the Secretary of Veterans Affairs should have, at a minimum, the following rights (to the extent of the eligibility and enrollment of the veteran for such health care): (1) The right to access the highest quality care, including the right to the most appropriate technology and qualified practitioners. (2) The right to know what rules and regulations apply to patients. (3) The right to continuity of care in the transition from the health program of the Department of Defense to the health care system of the Department of Veterans Affairs. (4) The right to receive careful explanation of proposed diagnostic or therapeutic procedures or courses of treatment by the responsible medical personnel, including with respect to risks, complications, alternative health practices, results, information and reasoning for prescribed pain management plans, and a daily review of the medical chart of the patient. (5) The right for the patient to ask questions and be involved in all decisions regarding the care received by the patient. (6) The right to a second opinion or change of provider, if available. (7) The right to know the reason for any change in medical practitioners responsible for the care of the patient. (8) The right to know the identity and professional status of individuals providing service and to know who is primarily responsible for the care of the patient. (9) The right to not be transferred to another facility, organization, or department unless the patient receives a complete explanation for the need, was notified of alternatives, and the receiving organization, facility, or department is ready to accept the transfer. (10) The right to receive considerate, respectful care at all times and under all circumstances with recognition of personal dignity, diversity, and religious, or other spiritual and cultural preferences. (11) The right, in accordance with relevant provisions of law, to personal and informational confidentiality and privacy in the discussion of the care and management of records of patients. (12) The right to visitors within the policies of the facility and to be informed of the visitation rights, including any clinically necessary restrictions. (13) The right to be free from all forms of abuse or harassment. (14) The right to access protective and advocacy services, when available, and file grievances. (15) The right to remain free of chemical and physical restraints unless safety requires otherwise. (16) The right to care provided in a safe and clean setting, free from excessive noise and with sufficient lighting for comfort and safety.
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113-hr-5619
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I 113th CONGRESS 2d Session H. R. 5619 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. King of New York (for himself, Mr. Fitzpatrick , Mr. LoBiondo , Mr. Pierluisi , Mr. Pascrell , and Mr. Schneider ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend title 5, United States Code, to provide that for purposes of computing the annuity of certain law enforcement officers, any hours worked in excess of the limitation applicable to law enforcement availability pay shall be included in such computation, and for other purposes.
1. Short title; findings (a) Short title This Act may be cited as the LEO Fair Retirement Act of 2014 . (b) Findings Congress finds the following: (1) Federal law enforcement officers are never off-duty . They are counted on to respond at any time of the day or night, regardless of their official duty status, to protect the public safety. Outside of our Nation’s armed forces, theirs is the only occupation comprised of individuals who are routinely called upon to put their lives on the line to keep America safe. (2) Though the Federal Government may house the largest variety of occupations of any U.S. employer across its panoply of agencies and entities, Federal law enforcement is absolutely unique among them, and the Federal law enforcement officer has no counterpart in the private sector. It is one of the most stressful, most dangerous, and most rewarding careers for those who meet the rigorous requirements of the job. (3) It was in recognition of the unique nature of the occupation, and the demanding schedules required of those who fill its ranks, that Congress established distinct pay and benefit systems for Federal law enforcement positions. This includes basic pay, retirement, and even overtime compensation, in the form of either Law Enforcement Availability Pay ( LEAP ) or Administratively Uncontrollable Overtime ( AUO ). (4) Under current law, LEAP by its very nature is provided to law enforcement officers to ensure that they are available , that they will be generally and reasonably accessible by the agency in excess of the 40-hour workweek to perform unscheduled duty based on the agency’s needs. (5) Similarly, AUO was established to provide overtime to certain law enforcement officers in positions where the hours of duty cannot be controlled administratively and that require substantial amounts of irregular, unscheduled overtime duty . (6) Because both LEAP and AUO compensation are subject to the pay caps, they are payable to a Federal law enforcement officer only to the extent that the payments do not cause the aggregate of the employee’s basic pay and premium pay to exceed the established caps. (7) In light of the continuing homeland and national security threats facing our Nation, and after a three-year Federal pay freeze, it is in the interest of the Federal Government to ensure that it can continue to recruit and retain the highest caliber personnel by guaranteeing Federal law enforcement officers full credit in retirement for overtime hours worked but never paid. 2. Computation of annuity for hours worked in excess of law enforcement availability pay and administratively uncontrollable overtime limitations (a) CSRS (1) In general Section 8339 of title 5, United States Code, is amended by adding at the end the following: (v) (1) Notwithstanding any other provision of this title, including sections 5545a and 5547, any law enforcement availability pay under section 5545a that would have been received by an individual described under section 8331(3)(E) (i) or (ii) but for the limitation provided in such section 5547 shall be included in the average pay of such an individual for purposes of computing the annuity of such an individual under this section. (2) Notwithstanding any other provision of this title, including section 5545(c)(2), any administratively uncontrollable overtime pay under such section that would have been received by an employee but for the limitation provided in such section shall be included in the average pay of such employee for purposes of computing the annuity of such employee under this section. . (2) Clarification with respect to annuity limit The limitation provided in section 8339(f) of title 5, United States Code, shall apply to any annuity calculated pursuant to subsection (v) of such section (as added by paragraph (1)). (b) FERS Section 8415 of title 5, United States Code, is amended by adding at the end the following: (o) (1) Notwithstanding any other provision of this title, including sections 5545a and 5547, any law enforcement availability pay under section 5545a that would have been received by any individual described under section 8331(3)(E) (i) or (ii) but for the limitation provided in such section 5545a or 5547 shall be included in the average pay of such an individual for purposes of computing the annuity of such an individual under this section. (2) Notwithstanding any other provision of this title, including section 5545(c)(2), any administratively uncontrollable overtime pay under such section that would have been received by an employee but for the limitation provided in such section shall be included in the average pay of such employee for purposes of computing the annuity of such employee under this section. . (c) Application The amendments made by this section shall apply to any applicable annuity calculated on or after the date that is one year after the date of enactment of this Act.
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113-hr-5620
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I 113th CONGRESS 2d Session H. R. 5620 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. King of New York (for himself and Mr. Pascrell ) introduced the following bill; which was referred to the Committee on Homeland Security , 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 direct the Secretary of Homeland Security to make anthrax vaccines and antimicrobials available to emergency response providers, and for other purposes.
1. Short title This Act may be cited as the First Responder Anthrax Preparedness Act . 2. Anthrax vaccination program for first responders (a) Anthrax preparedness (1) In general Title V of the Homeland Security Act of 2002 ( Public Law 107–296 ; 6 U.S.C. 311 et seq. ) is amended by adding at the end the following new section: 526. Anthrax preparedness (a) Vaccination program for first emergency response providers For the purpose of domestic preparedness for and collective response to terrorism, the Secretary of Homeland Security, in consultation with the Secretary of Health and Human Services, shall make available surplus vaccines and antimicrobials and vaccines and antimicrobials with short shelf lives, from the strategic national stockpile under section 319F–2(a) of the Public Health Service Act (42 U.S.C. 247d–6b(a)) to emergency response providers for administration to such providers who voluntarily consent to such administration, and shall— (1) establish any necessary logistical and tracking systems to facilitate making such vaccines and antimicrobials so available; and (2) distribute disclosures regarding associated risks to end users. (b) Threat assessment The Under Secretary for Intelligence and Analysis shall— (1) support homeland security-focused risk analysis and risk assessments of the threats posed by anthrax from an act of terror; (2) leverage existing and emerging homeland security intelligence capabilities and structures to enhance prevention, protection, response, and recovery efforts with respect to an anthrax terror attack; and (3) share information and provide tailored analytical support on threats posed by anthrax to State, local, and tribal authorities, as well as other national biosecurity and biodefense stakeholders. . (2) Clerical amendment The table of sections in section 1(b) of such Act is amended by inserting at the end of the items relating to title V the following new item: Sec. 526. Anthrax preparedness. . (b) Pilot program (1) In general In carrying out the vaccination program authorized in section 526(a) of the Homeland Security Act of 2002, as added by subsection (a), the Secretary shall conduct an 18-month pilot program to administer vaccines and antimicrobials to emergency response providers as so authorized. (2) Location In carrying out the pilot program under this subsection, the Secretary shall select emergency response providers based in at least two States for participation in the pilot program. (3) Distribution of information The Secretary shall provide to each emergency response provider who participates in the pilot program under this subsection disclosures and educational materials regarding the associated risks of any vaccine or antimicrobial administered under the pilot program and of exposure to anthrax. (4) Report Not later than 90 days after the completion of the pilot program under this subsection, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the results of the pilot program. The report shall include a plan under which the Secretary plans to continue to make vaccines and antimicrobials available to emergency response providers under section 526(a) of the Homeland Security Act of 2002. (5) Deadline for implementation The Secretary shall begin implementing the pilot program under this subsection by not later than the date that is 180 days after the date of the enactment of this Act.
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113-hr-5621
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I 113th CONGRESS 2d Session H. R. 5621 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Langevin (for himself, Mr. Price of North Carolina , Ms. Duckworth , Mr. Cohen , Mr. Quigley , Mr. Ryan of Ohio , and Mr. Holt ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend title 49, United States Code, to direct the Secretary of Transportation to carry out a transit accessibility innovation program, and for other purposes.
1. Short title This Act may be cited as the Transit Accessibility Innovation Act of 2014 . 2. Transit accessibility innovation program (a) In general Chapter 53 of title 49, United States Code, is amended by inserting after section 5307 the following: 5308. Transit accessibility innovation program (a) In general The Secretary shall carry out a transit accessibility innovation program in accordance with the requirements of this section to encourage public transit systems to take actions to address deficiencies in service for individuals with disabilities. (b) Grants authority (1) In general In carrying out the program, the Secretary shall distribute amounts made available to carry out this section as competitive discretionary grants to public transit agencies for eligible projects. (2) Selection criteria The Secretary shall develop criteria to ensure that projects receiving funding under the program are innovative and replicable in other communities, and will result in a substantive improvement in service for individuals with disabilities. (c) Applications (1) In general In order to be eligible to receive a grant under the program, a public transit agency shall submit to the Secretary an application at such time, in such form, and containing such information as the Secretary may require. (2) Contents An application for a grant under the program shall contain, at a minimum, a description of— (A) the project for which the applicant is seeking funding; (B) the anticipated benefits the project will deliver for the following long-term outcomes: community integration, safety, accessibility, quality, coordination, and customer service; (C) the expected contribution of the project to the inclusion of individuals with disabilities in the delivery of public transportation and ADA paratransit service; (D) the ability of the project to facilitate innovation in providing public transportation to individuals with disabilities; and (E) the ability of the project to attract new partnerships and non-Federal funding, including State, local, private, and philanthropic funding. (3) Community coordination requirements (A) Certification To ensure that projects receiving funding under this section address the needs of individuals with disabilities in a geographic area, an application for a grant under the program shall contain a certification that— (i) each project for which the applicant is seeking funding is included in a locally developed, coordinated public transit-human services transportation plan; and (ii) the plan was developed and approved through a process that included community participation, including by— (I) seniors; (II) individuals with disabilities; (III) representatives of public, private, and nonprofit transportation and human service providers; and (IV) other members of the public. (B) Use of existing plans A plan used to coordinate the funding of projects under section 5310 may be used to satisfy the requirements of subparagraph (A). (C) Limitation The requirements of this paragraph shall not apply to the transportation promotion pilot program established under this section. (d) Factors In providing grant funds for projects under the program, the Secretary shall consider, at a minimum, the ability of the project to— (1) enhance accessibility to rail and fixed route bus service; (2) promote paratransit coordination with other programs and utilize other revenue streams; (3) increase service quality to address customer complaints; (4) provide fixed route travel training for passengers and specialized training for paratransit personnel; (5) reduce turnover through increased wages and benefits, and increase monitoring, in the provision of ADA paratransit; (6) provide ADA complementary paratransit services in a way that maximizes quality, reliability, safety, customer satisfaction, and a stable workforce by determining what factors within contracting might impact the quality of ADA paratransit services; (7) improve ADA paratransit on-time performance and interoperability with other transportation services available to people with disabilities, both public and private; (8) delay or suspend proposed ADA paratransit service cuts triggered by the elimination or cutting of fixed route bus routes; (9) delay or suspend cuts for paratransit services that exceed ADA requirements, except that grant funds may not be issued under this section more than once for the same route (or a significantly similar route); (10) increase opportunities for community integration and independence of people with disabilities by promoting access to employment and other resources; and (11) augment passenger safety, without compromising passengers’ rights under the ADA. (e) Practices To promote successful outcomes and sharing of information (1) Priority In providing grant funds for eligible projects under the program, the Secretary shall give priority to projects that are replicable in other communities using existing resources. (2) Set aside for activities to promote sharing of best practices For each fiscal year, the Secretary shall— (A) set aside 2 percent of the funds made available to carry out this section; and (B) use those amounts to carry out activities to ensure that innovative practices, program models, and new service delivery options are collected, reviewed, and disseminated to other public transit agencies, so that the practices, models, and options can be replicated in other communities. (3) Technical assistance The Secretary shall provide technical assistance to recipients of grant funds under the program to ensure that the projects carried out using the funds are successful. (f) Maintenance of effort (1) ADA minimum standards Funds received under the program may not be used to meet the minimum standards of the ADA, including ADA complementary paratransit service requirements. (2) Certification To ensure that grant activities are not supplanting existing, budgeted services and that public transit agencies are upholding maintenance of effort on existing programs, a public transit agency receiving grant funds under the program shall— (A) certify that the funds will not be used to pay for existing services; or (B) provide an explanation as to why the existing services are justified grant activities. (g) Grant requirements A grant under this section shall be subject to the same requirements as a grant under section 5307, except that any public transit agency may use grant funds received under the program for operating expenses. (h) Transportation promotion pilot program (1) Set aside For each fiscal year, the Secretary shall— (A) set aside 1 percent of the funds made available to carry out this section or $100,000, whichever amount is greater; and (B) use those amounts to carry out a transportation promotion pilot program under this subsection. (2) Purpose The purpose of the transportation promotion pilot program shall be to ensure that— (A) public transit agencies fulfill their requirements under the ADA; and (B) individuals with disabilities have advocates to ensure greater opportunities for integration and access into transit systems. (3) Grant authority (A) In general In carrying out the transportation promotion pilot program, the Secretary shall make grants to— (i) agencies implementing a system established under section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15043 ) that have demonstrated histories of transportation expertise or advocacy; and (ii) nonprofit organizations that have demonstrated histories of transportation expertise or advocacy. (B) Eligibility To be eligible to receive a grant under this paragraph, an agency or organization shall demonstrate to the Secretary that the agency or organization— (i) has a mission that includes individual or systemic advocacy and monitoring to address the transportation needs of individuals with disabilities; and (ii) has the support of other organizations in the disability community. (C) Use of grants Grants funds received under this paragraph shall be used to fund individual or systemic advocacy and monitoring to address the transportation needs of people with disabilities. (i) Limitation on statutory construction Nothing in this section may be construed to affect projects or activities carried out under section 5310 or the funding of such projects or activities. (j) Definitions In this section, the following definitions apply: (1) ADA The term ADA means the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ). (2) ADA paratransit The term ADA paratransit means the provision of nonfixed route paratransit transportation services in accordance with section 223 of the ADA ( 42 U.S.C. 12143 ). (k) Authorization of appropriations There is authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2015 through 2020. . (b) Clerical amendment The analysis for such chapter is amended by inserting after the item relating to section 5307 the following: 5308. Transit accessibility innovation program. . 3. Raising caps on use of formula funds for provision of nonfixed route paratransit transportation services Section 5302(3)(I) of title 49, United States Code, is amended by striking 10 percent and inserting 15 percent .
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113-hr-5622
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I 113th CONGRESS 2d Session H. R. 5622 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Langevin (for himself, Mr. Pascrell , Mr. King of New York , Ms. Kuster , Mr. Fitzpatrick , Mr. Cooper , Ms. Norton , Mr. Larson of Connecticut , Mr. Van Hollen , Mr. Holt , Mr. Grijalva , Mr. Johnson of Ohio , and Mr. Israel ) 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 include automated fire sprinkler system retrofits as section 179 property and classify certain automated fire sprinkler system retrofits as 15-year property for purposes of depreciation.
1. Short title This Act may be cited as the Fire Sprinkler Incentive Act . 2. Automated fire sprinkler system retrofits treated as section 179 property (a) In general Section 179(d)(1)(B) of the Internal Revenue Code of 1986 is amended to read as follows: (B) which is— (i) automated fire sprinkler system retrofit property (as defined in section 168(i)(20) determined without regard to subparagraph (A)(ii) thereof), or (ii) section 1245 property (as defined in section 1245(a)(3)), and . (b) 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. Classification of certain automated fire sprinkler system retrofits (a) Treatment as 15-Year property Section 168(e)(3)(E) of the Internal Revenue Code of 1986 is amended by striking and at the end of clause (viii), by striking the period at the end of clause (ix) and inserting , and , and by adding at the end the following: (x) any automated fire sprinkler system retrofit property. . (b) Applicable depreciation method Section 168(b)(3) of such Code is amended by adding at the end the following new subparagraph: (J) Any automated fire sprinkler system retrofit property. . (c) Alternative system The table contained in section 168(g)(3)(B) of such Code is amended by inserting after the item relating to subparagraph (E)(ix) the following: (E)(x) 39 . (d) Definition of automated fire sprinkler system retrofit property Section 168(i) of such Code is amended by adding at the end the following new paragraph: (20) Automated fire sprinkler system retrofit property The term automated fire sprinkler system retrofit property means any property which comprises a sprinkler system which— (A) is installed in a building or structure which— (i) was placed in service before the date on which such sprinkler system is placed in service, and (ii) has an occupiable story the floor of which is more than 75 feet above the lowest level of fire department vehicle access, and (B) is classified under one or more of the following: (i) National Fire Protection Association 13, Installation of Sprinkler Systems. (ii) National Fire Protection Association 13 D, Installation of Sprinkler Systems in One and Two Family Dwellings and Manufactured Homes or International Residential Code Section P2904, Dwelling Unit Fire Sprinkler Systems. (iii) National Fire Protection Association 13 R, Installation of Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height. . (e) Effective date The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.
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113-hr-5623
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I 113th CONGRESS 2d Session H. R. 5623 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Lewis introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To establish a National Parents Corps Program, and for other purposes.
1. Short title This Act may be cited as the National Parents Corps Act of 2014 . 2. Findings The Congress finds as follows: (1) Nearly 25 percent of children in the United States ages 12 to 17 have used an illicit drug in their lifetime, according to the Substance Abuse and Mental Health Administration's 2012 National Survey on Drug Use and Health (NSDUH). (2) The American Lung Association states, approximately 4,000 children under age 18 try their first cigarette and more than 950 of them will become new, regular daily smokers. Moreover, according to NSDUH, among children ages 12 to 17 who smoked cigarettes in the last month, 54.6 percent also used an illicit drug. (3) The Partnership for Drug-Free Kids says parents have more influence over their children than friends, music, TV, the Internet, and celebrities. It adds, children whose parents teach them about drug risks are significantly less likely to use drugs. (4) In response to concerns about youth violence and drug, tobacco, and alcohol use by youth, the White House unveiled the Parents Corps in 2003. It was initially a 3-year initiative operating in 9 States to bring together citizenship, service, and responsibility to empower parents to keep their children, schools, and communities drug-free. 3. National Parents Corps Program (a) Grant To establish the Program Subject to the availability of appropriations to carry out this Act, the Administrator shall, not later than 3 months after the date of the enactment of this Act, award a grant to an eligible nonprofit entity to establish a National Parents Corps Program (referred to in this Act as the Program ) to promote safety, combat youth violence, and combat drug and alcohol abuse in schools in the United States. The eligible nonprofit entity awarded such grant shall be known as the NPCP Nonprofit Partner . (b) Program activities The NPCP Nonprofit Partner shall use the grant awarded under this section to establish and administer the Program, which shall include— (1) employing Parent Leaders to carry out the Program at eligible schools that are selected to host Parent Leaders, in accordance with sections 4 and 5 ; and (2) working with schools, parents of children enrolled in schools, local nonprofit organizations, and law enforcement agencies and officers to promote safety, combat youth violence, and combat drug, alcohol, and tobacco abuse in schools. 4. Participation of schools (a) In general Not later than one year after the date of enactment of this Act and annually thereafter, the NPCP Nonprofit Partner shall solicit applications from eligible schools desiring to participate in the Program by hosting a Parent Leader. Each eligible school selected to host a Parent Leader shall enter into a memorandum of understanding with the NPCP Nonprofit Partner— (1) in which the eligible school agrees to participate in the Program and host a Parent Leader for the number of years that is equal to the number of grade levels taught at the school; and (2) that outlines the parameters and goals of hosting a Parent Leader and carrying out the Program at the eligible school, including how the Parent Leader and the operation of the Program will address the cultural, social, and crime prevention needs and goals of the students at such school. (b) Selection considerations In selecting eligible schools to host Parent Leaders under this Act, the NPCP Nonprofit Partner shall ensure that, to the extent practicable, the eligible schools selected represent schools— (1) that are located in a variety of geographical regions in the United States; (2) in urban, rural, and suburban areas; and (3) in ethnically and economically diverse communities. 5. Parent Leaders (a) Parent Leader for each school For each eligible school selected to participate in the Program as a host school under section 4 , the NPCP Nonprofit Partner shall, after consultation with the principal of the selected school, solicit applications for, hire, and employ one Parent Leader. The Nonprofit Partner shall use the grant funds provided under this Act to train, supervise, support, and provide a salary and benefits to each Parent Leader. (b) Duties of Parent Leaders Each Parent Leader employed by the Nonprofit Partner shall, with respect to the eligible school hosting the Parent Leader— (1) educate and mobilize parents of students at the school to combat criminal and gang activity and prevent students from social, cultural, and commercial forces that encourage children and adolescents to initiate the use of drugs, alcohol, and tobacco; (2) create a delivery system to provide parents of students at the school with information regarding science-based prevention and analysis related to early recognition of behaviors and traits that may lead to or indicate drug, alcohol, and tobacco use and abuse, gang activity, and violence; (3) work with school officials, other parents of students at the school, and students at the school to develop programs and practices to treat, prevent, and reduce violence and drug, alcohol, and tobacco addiction for students at the school; (4) assist parents of students at the school and school administrators with finding professional assistance for any child who— (A) is using drugs, including referrals to professionals who can assess the needs of the child for counseling, treatment, and other appropriate assistance; or (B) is engaged in violent activities or gang activities; (5) recruit and train parent and student volunteers from the school to participate in drug and violence prevention and education outreach and programming; and (6) consult with the NPCP Nonprofit Partner, school administrators, local government authorities, local nonprofit organizations, and other parents to develop best practices and training models related to the prevention of school violence and drug, alcohol, and tobacco use and abuse by students. (c) Parent Leader eligibility To be eligible to be employed as a Parent Leader under this Act, an individual shall— (1) be the parent (as such term is defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )) of at least one student who will be enrolled, during the first year the individual will be employed as a Parent Leader, in the lowest grade level offered at the school that will host the Parent Leader; (2) not be employed full-time at any position other than as a Parent Leader; (3) complete a background check, including criminal records checks, fingerprint-based checks of State and national crime information databases (as defined in section 534(f)(3)(A) of title 28, United States Code), checks in any available child abuse and neglect registries, and checks in any available sex offender registries; and (4) enter into an agreement with the NPCP Nonprofit Partner to serve as a Parent Leader for a number of years that is equal to the number of years normally required for a student to complete all of the grade levels offered at the school that will host the Parent Leader (as determined by the school), except that the individual shall not be required to continue to serve as Parent Leader in the case of an extreme, unforeseen circumstance (such as death, disability, relocation, or criminal activity) that prevents the individual from completing the term of service required under this paragraph. (d) Vacancies If an individual who is employed as a Parent Leader is unable to complete the term of service required under subsection (c)(4) , the NPCP Nonprofit Partner shall, after consultation with the host school at which the Parent Leader was serving, promptly solicit applications for, hire, and employ another individual to serve as Parent Leader at such school, in accordance with the requirements of this section. 6. Reporting requirements (a) Reports by Parent Leaders Not less than once each calendar quarter during each year a Parent Leader is employed by the NPCP Nonprofit Partner, the Parent Leader shall submit to the NPCP Nonprofit Partner and the school hosting the Parent Leader a report including activities carried out by the Parent Leader to carry out the Program, the results of such activities, best practices observed and used by the Parent Leader to carry out the Program, and any other information the Parent Leader, the NPCP Nonprofit Partner, or the school hosting the Parent Leader determine to be appropriate. (b) Reports by NPCP Nonprofit Partner Not later than 6 months after the date of the enactment of this Act, and every 6 months thereafter, the NPCP Nonprofit Partner shall prepare and submit to the Administrator a report on the progress and effectiveness of the Program, including— (1) statistics, trends, and other data analyzing whether the Program is effective at preventing school violence and drug, alcohol, and tobacco use and abuse by students; (2) a summary of the reports submitted by Parent Leaders; and (3) the results and best practices reported by the Parent Leader at each school hosting a Parent Leader. (c) Reports by Administrator Not later than one year after the date of the enactment of this section, and annually thereafter, the Administrator shall prepare and submit to the Attorney General and the appropriate Congressional committees a report relating to the progress and effectiveness of the Program. 7. Sense of the Congress It is the sense of the Congress that eligible schools selected to host a Parent Leader in accordance with section 4 should take such actions as may be necessary to secure funding to employ a Parent Leader to carry out the Program after Federal funding is no longer available to carry out this Act. 8. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the Office of Juvenile Justice and Delinquency Prevention. (2) Eligible nonprofit entity The term eligible nonprofit entity means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that— (A) was operating on the day before the date of the enactment of this Act; (B) has demonstrated experience administering Federal grants in a fiscally responsible manner, as determined by the Administrator; (C) has administered national programs relating to addiction and parenting; (D) has developed and administered programs similar to the Program authorized under this Act; (E) has worked with the Corporation for National and Community Service, the Department of Health and Human Services, and the Department of Justice in assessing and developing initiatives relating to youth drug prevention and parental involvement; and (F) has as its mission to focus on child and youth drug prevention. (3) Eligible school The term eligible school means a public middle school or secondary school (as such term is defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )) that has demonstrated a commitment, as determined by the Secretary, to— (A) increasing parental involvement in the school; and (B) reducing drug, alcohol, and tobacco abuse by students enrolled in the school. (4) Appropriate Congressional committees The term appropriate Congressional committees means the Committee on the Judiciary, the Committee on Education and Labor, and the Appropriations Committee in the House of Representatives, and the Committee on the Judiciary, the Committee on Health, Education, Labor and Pensions, and the Appropriations Committee in the Senate. 9. Authorization of appropriations (a) In general In addition to other amounts otherwise appropriated to carry out the purposes of this Act, there are authorized to be appropriated to carry out this Act $5,500,000 for each of the fiscal years 2015 through 2025. (b) Funding from other sources The Administrator, the NPCP Nonprofit Partner, and eligible schools selected to host a Parent Leader in accordance with section 4 are authorized to solicit, receive, and use funding from State, local, and private sources to carry out the Program, including for expenses related to employing Parent Leaders.
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113-hr-5624
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I 113th CONGRESS 2d Session H. R. 5624 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Lowenthal introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title 49, United States Code, to establish a Multimodal Freight Funding Formula Program and a National Freight Infrastructure Competitive Grant Program to improve the efficiency and reliability of freight movement in the United States, and for other purposes.
1. Short title This Act may be cited as the Economy in Motion: The National Multimodal and Sustainable Freight Infrastructure Act . 2. Freight funding programs (a) In general Subchapter I of chapter 55 of title 49, United States Code, is amended by adding at the end the following: 5506. Multimodal Freight Funding Formula Program (a) In general The Secretary shall establish a Multimodal Freight Funding Formula Program under which the Secretary shall distribute funds to States to improve the efficiency and reliability of freight movement in the United States. (b) Formula apportionment On October 1 of each fiscal year, the Secretary shall apportion among eligible States the amount made available to the Secretary for that fiscal year to carry out the Multimodal Freight Funding Formula Program as follows: (1) 6.25 percent in the ratio that— (A) the number of ports in each State; bears to (B) the number of ports in all States. (2) 6.25 percent in the ratio that— (A) the number of rail track-miles used for the movement of freight in each State; bears to (B) the number of such rail track-miles in all States. (3) 6.25 percent in the ratio that— (A) the number of cargo-handling airports in each State; bears to (B) the number of such airports in all States. (4) 6.25 percent in the ratio that— (A) the number of Interstate system miles in each State; bears to (B) the number of Interstate system miles in all States. (5) 37.5 percent in the ratio that— (A) the tonnage of rail, waterborne, highway, and airport freight moved in each State; bears to (B) the tonnage of such freight moved in all States. (6) 37.5 percent in the ratio that— (A) the value of rail, waterborne, highway and airport freight moved in each State; bears to (B) the value of such freight moved in all States. (c) Tier I eligibility A State shall be eligible for an apportionment under subsection (b) if the State— (1) has an established a freight advisory committee in accordance with section 1117 of MAP–21 (Public Law 112–141); (2) developed any analyses or plans required for the completion of a State freight plan, as determined by the Secretary and in consultation with the Administrator of the Environmental Protection Agency in the case of environment goals and strategies, in accordance with section 1118 of MAP–21 (Public Law 112–141); (3) has an approved State freight plan; (4) has conducted a statewide analysis of freight needs and bottlenecks on all modes of transportation, including intermodal and last mile needs; (5) demonstrates use of the statewide analysis of freight needs in prioritizing projects in the State freight plan; (6) demonstrates that the State will use the funding that it is apportioned under this paragraph for the highest priority projects identified in the freight investment plan described under section 1118 of MAP–21 ( Public Law 112–141 ); and (7) demonstrates that the projects will use the strategies and contribute to the goals described in the State freight plan to decrease— (A) greenhouse gas emissions; (B) local air pollution, including ozone and ozone precursors, nitrogen oxides, sulfur dioxide, particulate matter, carbon monoxide, and lead; (C) water runoff and other adverse water impacts; and (D) wildlife habitat loss. (d) Tier II eligibility (1) Withholding The Secretary shall withhold 60 percent of the amount required to be apportioned to a State under subsection (b) on October 1 of a fiscal year if the State does not meet the requirements of paragraph (2) on that date. (2) Tier II requirements A State meets the requirements of this paragraph if the State— (A) has met the eligibility criteria of subsection (c); (B) has conducted, in cooperation with at least 1 other State, a multistate analysis of freight needs and bottlenecks on all modes of transportation, including intermodal and last mile needs along a multistate freight corridor; and (C) has developed, in cooperation with at least one other State or a relevant entity in Canada or Mexico, a regional freight investment plan that focuses on the end-to-end investment needs of critical multistate freight corridors based on the multistate analysis of freight needs and bottlenecks on all modes of transportation, including intermodal and last mile needs. (3) Period of availability of withheld funds Any funds withheld from apportionment to a State under paragraph (1) shall remain available until the end of the fiscal year in which the funds are made available to the Secretary. (4) Apportionment of funds withheld after compliance If, before the last day of the period for which funds withheld under paragraph (1) are to remain available for apportionment to a State under paragraph (3), the State meets the requirements of paragraph (2), the Secretary shall, on the first day that the State meets the requirements, apportion to the State the funds withheld under paragraph (1) that remain available for apportionment to the State. (5) Effect of noncompliance Notwithstanding the limitation of funding under section 5507(k), if, at the end of the period for which funds withheld under paragraph (1) from apportionment are available for apportionment to a State under paragraph (3), the State does not meet the requirements of paragraph (2), the funds shall be available to the Secretary for making grants under the National Freight Competitive Grant Program established under section 5507. (e) Period of availability Any funds apportioned to a State under subsection (c) and (d)(4) shall remain available for expenditure until the last day of the third fiscal year following the fiscal year in which the funds are so apportioned. Notwithstanding the limitation of funding under section 5507(k), funds not obligated at the end of that period shall be available to the Secretary for making grants under the National Freight Competitive Grant Program established under section 5507. (f) Eligible uses A State may use funds apportioned under this section only for— (1) the development of corridor freight plans or regional freight plans; or (2) one or more phases of capital projects, equipment, or operational improvements on roads, rails, landside infrastructure on ports and airports, and intermodal connectors included in a State freight plan for projects that— (A) maintain or improve the efficiency and reliability of freight supply chains; (B) demonstrate public freight benefits; (C) improve modal components of a multimodal corridor that is critical to a State or region; (D) address freight needs to facilitate a regionally or nationally significant economic development issue; (E) in accordance with the State freight plan, decrease— (i) greenhouse gas emissions; (ii) local air pollution, including ozone and ozone precursors, nitrogen oxides, sulfur dioxide, particulate matter, carbon monoxide, and lead; (iii) water runoff and other adverse water impacts; and (iv) wildlife habitat loss; (F) are multimodal, multi-jurisdictional, or corridor-based and address freight needs; (G) relieve freight or non-freight access, congestion, or safety issues; (H) mitigate the adverse impact of freight movement on communities traversed by freight railroads, such as through grade separations; or (I) address first and last mile connectors. (g) Federal Share The Federal share of the cost of a project carried out by a State using funds apportioned under this section may not be more than 80 percent. (h) Limitation on funding The Secretary shall make available not more than $4,000,000,000 per fiscal year from the Freight Trust Fund established under section 6 of the Economy in Motion: The National Multimodal and Sustainable Freight Infrastructure Act to carry out this section. (i) Administration and oversight costs The Secretary may retain up to one-half of 1 percent of the amounts available to carry out this section for each fiscal year for the cost of administration and oversight of projects funded under this section. (j) Date available for obligation Amounts from the Freight Trust Fund made available to a State under this section shall be available for obligation on October 1 of the fiscal year for which they are apportioned. (k) Definitions (1) State In this section, the term State means each of the 50 States, the District of Columbia, and Puerto Rico. (2) State Freight Plan The term State freight plan means the State freight plan described under section 1118 of MAP–21 ( Public Law 112–141 ). 5507. National Freight Infrastructure Competitive Grant Program (a) Establishment The Secretary shall establish a National Freight Infrastructure Competitive Grant Program under which the Secretary may make grants, on a competitive basis, to designated entities for eligible projects to improve the efficiency and reliability of freight movement in the United States. (b) Project goals In carrying out the Program, the Secretary shall prioritize projects that— (1) improve the efficiency and reliability of freight transportation; (2) reduce the cost of freight transportation; (3) improve the safety of freight transportation; (4) relieve bottlenecks in the freight transportation system; (5) improve the state of good repair of the freight transportation system; and (6) use the environmental strategies to meet the goals described in the State freight plan and reduce the adverse environmental and community impacts of freight transportation. (c) Grant applications To be eligible to receive a grant under the Program a designated entity shall submit to the Secretary an application at such time, in such form, and containing such information as the Secretary may require. (d) Eligible project A project is eligible for a grant under the Program only if the Secretary determines that the project— (1) is a capital investment project for a transportation infrastructure facility significantly used for the movement of freight, including— (A) a road, rail, air, or water facility; (B) an intermodal facility such as a seaport or port on the inland waterway system, an airport, or a highway and rail intermodal facility; (C) a facility related to an international border crossing; or (D) is for an operational improvement or equipment of a facility described in this paragraph; (2) will help to achieve the goals set out in subsection (b), except that in the case of any environmental strategies and goals, the Secretary shall make a determination in consultation with the Administrator of the Environmental Protection Agency; (3) has non-Federal source or sources of committed financing, along with any Federal funds, sufficient to complete the project; (4) has independent utility; (5) is included in the State freight plan; and (6) includes the development of project plans and analysis. (e) Grant criteria The Secretary shall select eligible projects for funding based on the following criteria: (1) The extent to which the project is likely to advance the goals described in subsection (b). (2) The likely benefits of the project relative to its costs. (3) The extent to which the project demonstrates the use of innovative technology, strategies, and practices. (4) The extent to which the project demonstrates effective reductions (in accordance with the State freight plan) in— (A) greenhouse gas emissions; (B) local air pollution, including ozone and ozone precursors, nitrogen oxides, sulfur dioxide, particulate matter, carbon monoxide, and lead; (C) water runoff and other adverse water impacts; and (D) wildlife habitat loss. (5) The likely effect of the project on increasing United States exports. (6) The consistency of the project with the national freight strategic plan described under section 5508. (7) The extent to which the project leverages Federal funds by matching State, local, tribal, or private funds to the Federal funding requested under the Program. (8) The extent to which funds for the project are not available from other Federal sources. (f) Special Rule A minimum of 5 percent of funds awarded under the Program for a fiscal year shall be provided to freight electrification demonstration projects, as defined by the Secretary of Transportation, in consultation with the Administrator of the Environmental Protection Agency. (g) Retrospective analysis A grant agreement made under the Program shall require that the recipient collect data and report to the Secretary, at an appropriate time as determined by the Secretary, on— (1) the actual cost of constructing the project; (2) the time required to complete the project and put it into service; (3) the level of usage of the facility built or improved by the project; (4) the benefits of the project, measured in a way that is consistent with the benefits that were estimated in the application for funding that was submitted to the Secretary; and (5) any costs resulting from the project in addition to the costs of constructing the project. (h) EPA report A grant agreement made under the Program shall require that the recipient collect data and annually report to the Secretary and the Administrator of Environmental Protection Agency on progress made toward greenhouse gas emission reductions and local air pollution reductions in fulfillment of the State freight plan. (i) Period of availability In entering into agreements under this section, the Secretary shall ensure that any funds made available for a project that are not obligated or expended before the last day of the third fiscal year following the fiscal year in which the funds are made available are transferred back to the Secretary for making grants under the Program. (j) Federal share The Federal share of the cost of a project for which a grant is made under the Program, as estimated by the Secretary, shall be not more than 80 percent. (k) Administration and oversight costs The Secretary may retain up to one-half of 1 percent of the amounts made available to carry out this section for each fiscal year for the cost of administration and oversight of projects funded under the Program. (l) Contract authority (1) Date available for obligation Amounts from the Freight Trust Fund to carry out this Act shall be available for obligation on October 1 of the fiscal year for which they are transferred to the Secretary. (2) Grants as contractual obligations A grant made under the Program is a contractual obligation of the Government to pay the Federal share of the cost of the project. (m) Definitions In this section: (1) Designated entity The term designated entity means— (A) a State; (B) a unit of local government; (C) a metropolitan planning organization; (D) a public transportation authority (including a port authority); (E) a tribal government; or (F) or a consortium of the entities described in this paragraph. (2) State The term State has the meaning given such term in section 101(a) of title 23. (3) State Freight Plan The term State freight plan means the State freight plan described under section 1118 of MAP–21 ( Public Law 112–141 ). 5508. National freight policy, network, plan, and data (a) In general It is the policy of the United States to improve the condition and performance of the national freight system to ensure that the national freight system provides the foundation for the United States to compete in the global economy and achieve each goal described in subsection (b). (b) Goals The goals of the national freight policy are— (1) to increase the productivity and efficiency of the national freight system so as to enhance the economic competitiveness of the United States; (2) to improve the safety, security, and resilience of freight transportation; and (3) to improve quality of life by reducing, eliminating or reversing adverse environmental and community impacts of freight projects and goods movement in the United States. (c) National freight system defined In this section, the term national freight system means the publicly and privately owned transportation facilities that are used in transporting freight within the United States, including roads, railroads, ports, waterways, locks and dams, airports, airways, warehouses, distribution centers, and intermodal facilities. (d) Multimodal national freight network (1) Establishment The Secretary shall establish a multimodal national freight network in accordance with this section to inform public and private planning, to prioritize for Federal investment, to aid the public and private sector in strategically directing resources, and to support Federal decision making to achieve the national freight policy goals set forth in subsection (b). (2) Network components The national freight network shall consist of such connectors, corridors, and facilities in all freight transportation modes as most critical to the current and future movement of freight within the national freight system. (3) Initial designation of the national freight network (A) Designation The Secretary shall designate a national freight network— (i) using measurable data to assess the significance of goods movement, including consideration of points of origin, destination, and linking components of the United States global and domestic supply chains; (ii) fostering network connectivity; and (iii) reflecting input collected from stakeholders through a public process, including input from metropolitan planning organizations and States, to identify critical freight facilities that are vital links in national or regionally significant goods movement and supply chains. (B) Factors for designation In designating the national freight network, the Secretary may consider— (i) volume, tonnage, and value of freight; (ii) origins and destinations of freight movement in, to, and from the United States; (iii) land and maritime ports of entry; (iv) population centers; (v) economic factors or other inputs determined to be relevant by the Secretary; (vi) bottlenecks and other impediments contributing to significant measurable congestion and delay in freight movement; (vii) facilities of future freight importance based on input from stakeholders and analysis of projections for future growth and changes to the freight system; and (viii) elements of the freight system identified and documented by a metropolitan planning organization and State using national or local data as having critical freight importance to the region. (4) Redesignation of the national freight network Not later than 5 years after the designation of the national freight network under paragraph (2) and every 5 years thereafter, using the designation factors described in paragraph (1), the Secretary shall redesignate the national freight network. (e) National freight strategic plan (1) Establishment of plan Not later than October 1, 2015, the Secretary shall, in consultation with the Secretary of Homeland Security, Secretary of Commerce, Assistant Secretary of the Army for Civil Works, the Administrator of the Environmental Protection Agency, State departments of transportation, and other appropriate public and private transportation stakeholders, develop, maintain, and post on the Department of Transportation public website a national freight strategic plan that includes— (A) an assessment of the condition and performance of the national freight system; (B) an identification of bottlenecks on the national freight system that create significant freight congestion problems, based on a quantitative methodology developed by the Secretary, which shall, at a minimum, include— (i) information from the Freight Analysis Framework of the Federal Highway Administration; and (ii) to the maximum extent practicable, an estimate of the cost of addressing each bottleneck and any operational improvements that could be implemented; (C) forecasts of freight volumes for 10-year and 20-year periods beginning in the year during which the plan is issued; (D) an identification of major trade gateways and national freight corridors that connect major population centers, trade gateways, and other major freight generators for current and forecasted traffic and freight volumes, the identification of which shall be revised, as appropriate, in subsequent plans; (E) an assessment of statutory, regulatory, technological, institutional, financial, and other barriers to improved freight transportation performance (including opportunities for overcoming the barriers); (F) an identification of routes providing access to energy exploration, development, installation, or production areas; (G) best practices for improving the performance of the national freight system; (H) best practices for addressing the impacts of freight movement on communities; (I) a process for addressing multistate projects and encouraging jurisdictions to collaborate; and (J) strategies to improve freight connectivity between modes of transportation. (2) Updates to national freight strategic plan Not later than 5 years after the date of completion of the first national freight strategic plan under paragraph (1), and every 5 years thereafter, the Secretary shall update and repost on the Department of Transportation public website a revised national freight strategic plan. (f) Freight transportation conditions and performance reports Not later than October 1, 2015, and biennially thereafter, the Secretary shall prepare a report that contains a description of the conditions and performance of the national freight system in the United States. (g) Transportation investment data and planning tools (1) In general The Secretary shall develop new tools and improve existing tools to support an outcome-oriented, performance-based approach to evaluate proposed freight-related and other transportation projects, including— (A) methodologies for systematic analysis of benefits and costs; (B) freight forecasting models; (C) tools for ensuring that the evaluation of freight-related and other transportation projects can consider safety, economic competitiveness, environmental sustainability, and system condition in the project selection process; and (D) other elements to assist in effective transportation planning. (2) Freight data In support of these tools, and to support a broad range of evaluation methods and techniques to assist in making transportation investment decisions, the Secretary shall— (A) direct the collection of appropriate transportation-related data, including data to measure the condition and performance of the national freight system; and (B) consider any improvements to existing freight data collection efforts that could reduce identified freight data gaps and deficiencies and help improve forecasts of freight transportation demand. (3) Consultation The Secretary shall consult with Federal, State, and other stakeholders to develop, improve, and implement the tools and collect the data identified pursuant to this subsection. (4) Multimodal freight measure The Secretary shall evaluate the analyses and plans required under section 5506(c)(2) and consider development of a national performance measure to assess the efficiency of the multimodal freight network in accordance with the national freight strategic plan. . (b) Conforming amendments (1) Table of sections The table of sections for chapter 55 of title 49, United States Code, is amended by adding after the item related to section 5505 the following: 5506. Multimodal Freight Funding Formula Program. 5507. National Freight Infrastructure Competitive Grant Program. 5508. National freight policy, network, plan, and data. . (2) Repeal Section 167 of title 23, United States Code, is repealed. (3) Cross-reference Section 505(a)(3) of title 23, United States Code, is amended by striking 149, and 167 and inserting and 149, and section 5405 of title 49 . 3. State Freight Advisory Committee Section 1117 of MAP–21 ( Public Law 112–141 ) is amended to read as follows: 1117. State Freight Advisory Committees (a) In general The Secretary shall encourage each State to establish and maintain a freight advisory committee consisting of a representative cross-section of public and private sector freight entities, including— (1) any modes of freight transportation active in the State, including airports, highways, ports, and rail; (2) shippers; (3) carriers; (4) freight-related associations; (5) the freight industry workforce; (6) the transportation department of the State; (7) metropolitan planning organizations; (8) local governments; (9) the environmental protection department of the State, if applicable; and (10) the air resources board of the State, if applicable. (b) Qualifications Members of a committee established under subsection (a) shall be widely recognized to have qualifications sufficient to represent the interests of their specific stakeholder group, including— (1) a general business and financial experience; (2) experience or qualifications in the areas freight transportation and logistics; (3) experience in transportation planning; (4) experience representing employees of the freight industry; or (5) experience representing a State, local government, or metropolitan planning organization. (c) Roles of committee The freight advisory committee shall— (1) advise the State on freight-related priorities, issues, projects, and funding needs; (2) serve as a forum for discussion for State transportation decisions affecting freight mobility; (3) communicate and coordinate regional priorities with other organizations; (4) promote the sharing of information between the private and public sectors on freight issues; (5) participate in the development of the State freight plan under section 1118, including advising on the development of the freight investment plan; and (6) approve the State freight plan under section 1118, including the freight investment plan. . 4. State freight plans Section 1118 of MAP–21 ( Public Law 112–141 ) is amended to read as follows: 1118. State freight plans (a) In general The Secretary shall encourage each State to develop a freight plan that provides a multimodal, comprehensive plan for the immediate and long-range planning activities and investments of the State with respect to freight. The freight plan shall include a strategic, long-term component and a tactical, short-term component. (b) Plan contents The freight plan described in subsection (a) shall consider all modes of freight transportation in the State and include, at a minimum— (1) an identification of significant freight system trends, needs, and issues with respect to a State; (2) a description of the freight policies, strategies, and performance measures that will guide the freight-related transportation investment decisions of the State; (3) a description of how the plan will improve the ability of the State to meet the national freight goals established under section 5508 of title 49, United States Code; (4) evidence of consideration of innovative technologies and operational strategies, including intelligent transportation systems, that improve the safety and efficiency of freight movement; (5) in the case of routes on which travel of heavy vehicles (including mining, agricultural, energy cargo or equipment, and timber vehicles) is projected to substantially deteriorate the condition of the roadways, a description of improvements that may be required to reduce or impede the deterioration; (6) an inventory of facilities with freight mobility issues, such as truck bottlenecks, within the State, and a description of the strategies the State is employing to address those freight mobility issues; (7) strategies and goals to decrease— (A) greenhouse gas emissions; (B) local air pollution, including ozone and ozone precursors, nitrogen oxides, sulfur dioxide, particulate matter, carbon monoxide, and lead; (C) water runoff and other adverse water impacts; and (D) wildlife habitat loss; and (8) a freight investment plan that includes a list of projects in order of priority and describes how multimodal freight investment funds under the Economy in Motion: The National Multimodal and Sustainable Freight Infrastructure Act would be invested and matched. (c) Requirement of anticipated full funding The freight investment plan required under subsection (b)(8) may only include a project, or an identified phase of a project, if funding for completion of the project can reasonably be anticipated to be available for the project within the time period identified in the freight investment plan. (d) Relationship to long-Range plan The freight plan described in subsection (a) may be developed separate from, or incorporated into, the long-range statewide transportation plan required under section 135(f) of title 23, United States Code. (e) Certification The Secretary shall approve a freight plan if such plan meets the requirements of this section and is consistent with the National freight strategic plan described in section 5508 of title 49, United States Code. The Secretary, in consultation with the Administrator of the Environmental Protection Agency shall certify any environmental goal or strategy provisions of the plan. (f) Forecast period The freight plan described in subsection (a) shall address a 10-year and 20-year forecast period. (g) Updates A State shall update the freight plan at least every 5 years. . 5. Freight Trust Fund (a) In general Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 9512. Freight Trust Fund (a) Creation of Trust Fund There is established in the Treasury of the United States a trust fund to be known as the Freight Trust Fund (hereinafter in this section referred to as the Fund ) consisting of such amounts as may be appropriated or credited to such Fund as provided in this section or section 9602(b). (b) Transfers to the fund There are hereby appropriated to the Fund amounts equivalent to taxes received in the Treasury under section 4286. (c) Expenditures from fund Amounts in the Fund shall be made available to the Secretary of Transportation on October 1 of each fiscal year without further appropriation for making expenditures to meet the obligations of the United States to carry out sections 5506 and 5507 of title 49, United States Code, not more than 1 percent of which for any fiscal year may be used for administrative expenses. . (b) Clerical amendment The table of sections for subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 9512. Freight Trust Fund. . 6. Freight mobility infrastructure tax (a) Imposition of tax Chapter 33 of the Internal Revenue Code of 1986 is amended by adding after subchapter C the following new subchapter: D Transportation by Freight and Highway Sec. 4286. Imposition of tax. 4286. Imposition of tax (a) In general There is hereby imposed upon taxable ground transportation of property within the United States a tax equal to 1 percent of the amount paid for such transportation. (b) By whom paid (1) In general Except as provided by paragraph (2), the tax imposed by subsection (a) shall be paid— (A) by the person making the payment subject to tax, or (B) in the case of transportation by a related person, by the person for whom such transportation is made. (2) Payments made outside the United States If a payment subject to tax under subsection (a) is made outside the United States and the person making such payment does not pay such tax, such tax— (A) shall be paid by the person to whom the property is delivered in the United States after the final segment of transportation in the United States, and (B) shall be collected by the person furnishing the last segment of such transportation. (3) Determinations of amounts paid in certain cases For purposes of this section, rules similar to the rules of section 4271(c) shall apply. (c) Transportation by related persons In the case of transportation of property by the taxpayer or a person related to the taxpayer, the fair market value of such transportation shall be the amount which would be paid for transporting such property if such property were transported by an unrelated person, determined on an arms’ length basis. (d) Definitions For purposes of this subchapter— (1) Taxable ground transportation (A) In general The term taxable ground transportation means transportation of property by— (i) freight rail, or (ii) commercial motor vehicle (as defined in section 31101(1) of title 49, United States Code) for a distance of more than 50 miles. (B) Passenger baggage excluded For purposes of subparagraph (A), the term property does not include baggage accompanying a passenger traveling on an established line. (2) Related person A person (hereinafter in this paragraph referred to as the related person ) is related to any person if— (A) the related person bears a relationship to such person specified in section 267(b) or 707(b)(1), or (B) the related person and such person are engaged in trades or businesses under common control (within the meaning of subsections (a) and (b) of section 52). For purposes of the preceding sentence, in applying sections 267(b) and 707(b)(1), 10 percent shall be substituted for 50 percent each place it appears. (e) Transfer of amounts equivalent to tax to Freight Trust Fund There are hereby appropriated to the Freight Trust Fund amounts equivalent to the taxes received in the Treasury under subsection (a). (f) Exemption for United States and possessions and State and local governments The tax imposed by subsection (a) shall not apply to the transportation of property purchased for the exclusive use of the United States, or any State or political subdivision thereof. . (b) Credits or refunds to persons who collected certain taxes Section 6415 of such Code is amended by striking or 4271 each place it appears and inserting 4271, or 4286 . (c) Regulations Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury shall issue regulations to carry out the amendments made by this section. (d) Effective date The amendments made by this section shall apply to transportation beginning on or after the last day of the 180-day period beginning on the date of the issuance of regulations under subsection (c).
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https://www.govinfo.gov/content/pkg/BILLS-113hr5624ih/xml/BILLS-113hr5624ih.xml
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113-hr-5625
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I 113th CONGRESS 2d Session H. R. 5625 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Ms. Michelle Lujan Grisham of New Mexico (for herself and Mr. Ben Ray Luján of New Mexico ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To require the Secretary of the Interior to take into trust 4 parcels of Federal land for the benefit of certain Indian Pueblos in the State of New Mexico.
1. Short title This Act may be cited as the Albuquerque Indian School Land Transfer Act . 2. Definitions In this Act: (1) 19 Pueblos The term 19 Pueblos means the New Mexico Indian Pueblos of— (A) Acoma; (B) Cochiti; (C) Isleta; (D) Jemez; (E) Laguna; (F) Nambe; (G) Ohkay Owingeh (San Juan); (H) Picuris; (I) Pojoaque; (J) San Felipe; (K) San Ildefonso; (L) Sandia; (M) Santa Ana; (N) Santa Clara; (O) Santo Domingo; (P) Taos; (Q) Tesuque; (R) Zia; and (S) Zuni. (2) Map The term map means the map entitled The Town of Albuquerque Grant, Bernalillo County, within Township 10 North, Range 3 East, of the New Mexico Principal Meridian, New Mexico—Metes and Bounds Survey and dated August 12, 2011. (3) Secretary The term Secretary means Secretary of the Interior. 3. Land taken into trust for benefit of 19 Pueblos (a) Action by Secretary (1) In general The Secretary shall take into trust all right, title, and interest of the United States in and to the Federal land described in subsection (b) for the benefit of the 19 Pueblos immediately after the Secretary determines that the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) have been satisfied regarding the trust acquisition of the Federal land. (2) Administration The Secretary shall— (A) take such action as the Secretary determines to be necessary to document the transfer under paragraph (1); and (B) appropriately assign each applicable private and municipal utility and service right or agreement. (b) Description of land The Federal land referred to in subsection (a)(1) is the 4 tracts of Federal land, the combined acreage of which is approximately 11.11 acres, that were historically part of the Albuquerque Indian School, more particularly described as follows: (1) Abandoned Indian School Road The approximately 0.83 acres located in sec. 7 and sec. 8 of T. 10 N., R. 3 E., of the New Mexico Principal Meridian in Albuquerque, New Mexico, as identified on the map. (2) Southern part tract D The approximately 6.18 acres located in sec. 7 of T. 10 N., R. 3 E., of the New Mexico Principal Meridian in Albuquerque, New Mexico, as identified on the map. (3) Tract 1 The approximately 0.41 acres located in sec. 7 of T. 10 N., R. 3 E., of the New Mexico Principal Meridian in Albuquerque, New Mexico, as identified on the map. (4) Western part tract B The approximately 3.69 acres located in sec. 7 of T. 10 N., R. 3 E., of the New Mexico Principal Meridian in Albuquerque, New Mexico, as identified on the map. (c) Survey The Secretary shall conduct a survey of the Federal land to be transferred consistent with subsection (b) and may make minor corrections to the survey and legal description of the Federal land described in subsection (b) as the Secretary determines to be necessary to correct clerical, typographical, and surveying errors. (d) Use of land The Federal land taken into trust under subsection (a) shall be used for the educational, health, cultural, business, and economic development of the 19 Pueblos. (e) Limitations and conditions The Federal land taken into trust under subsection (a) shall remain subject to any private or municipal encumbrance, right-of-way, restriction, easement of record, or utility service agreement in effect on the date of enactment of this Act. (f) Bureau of Indian Affairs use (1) In general The 19 Pueblos shall allow the Bureau of Indian Affairs to continue to use the land taken into trust under subsection (a) for the facilities and purposes as in existence on the date of enactment of this Act, in accordance with paragraph (2). (2) Requirements The use by the Bureau of Indian Affairs under paragraph (1) shall— (A) be free of any rental charge; and (B) continue until such time as the Secretary determines there is no further need for the existing Bureau of Indian Affairs facilities. 4. Effect of other laws (a) In general Subject to subsection (b), Federal land taken into trust under section 3(a) shall be subject to Federal laws relating to Indian land. (b) Gaming No class I gaming, class II gaming, or class III gaming (as defined in section 4 of the Indian Gaming Regulatory Act ( 25 U.S.C. 2703 )) shall be carried out on the Federal land taken into trust under section 3(a).
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https://www.govinfo.gov/content/pkg/BILLS-113hr5625ih/xml/BILLS-113hr5625ih.xml
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113-hr-5626
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I 113th CONGRESS 2d Session H. R. 5626 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Ms. Michelle Lujan Grisham of New Mexico introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committee on Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide uniform authority for executive departments to use funds from the disposal of Federal real property and to establish a pilot program in certain agencies for the use of public-private agreements to enhance the efficiency of Federal real property.
1. Short title This Act may be cited as the Federal Property Low Hanging Fruit Act . 2. Uniform authority for executive departments to use funds from disposal of Federal real property (a) Authority To convey The head of each executive department may— (1) convey, by sale, lease, exchange, or otherwise, including through leaseback arrangements, real and related property, or interests therein, under their ownership and control; and (2) retain the net proceeds of such dispositions in an account within the general fund of the United States Treasury established for purposes of this section, to be used in accordance with subsection (b). (b) Use of funds For purposes of subsection (a), the net proceeds of such dispositions retained in the account of an executive department pursuant to that subsection shall be available to the head of the executive department, until expended and without further appropriation and in compliance with other applicable provisions of law, to pay any necessary and incidental costs incurred by such head in connection with Federal property management activities of the executive department, including acquisition, improvements, maintenance, reconstruction, or construction needs. In conducting these activities, an executive department may enter into agreements with the General Services Administration for assistance. (c) Regulations The Director of the Office of Management and Budget, in consultation with the Administrator of General Services and the Secretary of Defense, shall promulgate regulations to carry out this section. (d) Definitions In this section: (1) Net proceeds The term net proceeds , with respect to a disposition of property or interests under this section, means the rental, sales, and other sums received less the costs of the disposition. (2) Executive department The term executive department means an Executive department listed in section 101 of title 5, United States Code. 3. Public-Private Agreement Pilot Program (a) Plan for entering into public-Private agreements (1) In general The head of a covered agency shall develop and carry out a plan to enter into one or more agreements with a nongovernmental person, for the purposes described in paragraph (2). (2) Purposes The purposes of any agreement entered into under paragraph (1) shall be— (A) to lease Federal real properties that are underutilized or excess, under the terms of subsection (c); and (B) to develop, rehabilitate, or renovate facilities on such leased properties for the benefit of the covered agency. (3) Number of properties A total of at least 5, and not more than 10, Federal real properties shall be leased under agreements entered into under paragraph (1). (b) Agreement terms (1) In general Each agreement entered into pursuant to this section— (A) shall have as its primary purpose the enhancement of the functional and economic efficiency of Federal real property; (B) shall be negotiated pursuant to such procedures as the head of the covered agency concerned considers necessary to promote competition and protect the public interest; (C) shall provide a lease option to the United States to occupy space in the facilities acquired, constructed, or rehabilitated under the agreement, but shall not guarantee occupancy by the United States; (D) shall describe the consideration, duties, and responsibilities for which the United States and the nongovernmental person are responsible and may provide for the alteration, repair, or improvement of the real property as part or all of the consideration of the nongovernmental person, notwithstanding any provision of law, including section 1302 of title 40, United States Code; (E) shall provide— (i) that the United States shall not be liable for any actions, debts, or liability of the nongovernmental person; and (ii) that no person is authorized by the agreement to execute any instrument or document creating or evidencing any indebtedness unless such instrument or document specifically disclaims any liability of the United States under the instrument or document; and (F) shall provide that the leasehold interests of the United States are senior to that of any lender to the nongovernmental person. (2) Ability to pledge as collateral Subparagraph (F) shall not impair the ability of the nongovernmental person to pledge as collateral its leasehold interest under a lease with the United States entered into pursuant to the terms of subsection (c). (c) Lease of real property (1) Authority Notwithstanding any other provision of law, including sections 582 and 583 of title 40, United States Code, the head of a covered agency may lease real property under an agreement under subsection (a) to the nongovernmental person that is party to the agreement. (2) Period of lease A lease under this subsection may be for such period as the head of the covered agency determines appropriate. (3) Relationship to Homeless Assistance Act Real property leased under this subsection shall not be considered unutilized or underutilized for purposes of section 501 of the Stewart B. McKinney Homeless Assistance Act ( 42 U.S.C. 11411 ) and may be leased under this subsection without regard to any other provision of law. (d) Services Notwithstanding any other provision of law, the head of a covered agency, or his or her designee, may provide services under an agreement under subsection (a) to the nongovernmental person that is party to the agreement on such terms as the head considers appropriate. (e) Use and deposit of revenues (1) Use of revenues Notwithstanding any other provision of law, the head of a covered agency may retain and use any revenues derived from agreements entered into under this section for Federal property management activities of the covered agency, including acquisition, improvements, maintenance, reconstruction, or construction needs. (2) Deposit of revenues Revenues received by the head of a covered agency from an agreement under subsection (a) shall be deposited— (A) in the case of the General Services Administration, into the fund created by section 592 of title 40, United States Code; and (B) in the case of any other covered agency, into the account of the agency established under section 2(a). (f) Plan (1) Matters covered The plan of a covered agency required under subsection (a) shall— (A) identify the Federal real properties that the head of the covered agency proposes to make available under the agreement or agreements to be entered into with one or more nongovernmental persons; and (B) include performance measures by which the proposed project or projects will be measured. (2) Consultation with Council In developing the plan required under subsection (a), the head of a covered agency shall consult with the Federal Real Property Council. (g) Submissions to Congress of plan and agreements (1) Submission of plan within 12 months The head of a covered agency shall submit to Congress the plan required by subsection (a) not later than 12 months after the date of the enactment of this Act. (2) Submission of each agreement to Congress before implementation The head of a covered agency shall submit to Congress each agreement entered into under subsection (a) and may not implement any such agreement until at least 30 days has expired after the date of submission to Congress. The submission to Congress under this paragraph shall also include— (A) an explanation of the agreement; (B) the name, resources, and qualifications of the nongovernmental person or persons that are party to the agreement; (C) the name of any other nongovernmental person that submitted a proposal for the property that is the subject of the agreement; (D) the factors in support of the proposed project or projects covered by the agreement; and (E) the projected economic performance, including expenditures and receipts, arising from the agreement. (3) Submission of all agreements within 3 years The head of a covered agency shall submit to Congress all agreements to be entered into under the plan not later than 3 years after the date of the enactment of this Act. (h) Projected economic performance The head of a covered agency shall describe, in the budget submitted by the President pursuant to section 1105 of title 31, United States Code, for a fiscal year, the projected economic performance, including expenditures and receipts, arising from each agreement entered into pursuant this section and in effect during such fiscal year. (i) Definitions In this section: (1) Covered agency The term covered agency means each of the following: (A) The Department of Defense. (B) The Department of Agriculture. (C) The Department of Energy. (D) The General Services Administration. (2) Head of a covered agency The term head of a covered agency means each of the following: (A) The Secretary of Defense. (B) The Secretary of Agriculture. (C) The Secretary of Energy. (D) The Administrator of General Services. (3) Federal real property The term Federal real property means property, as that term is defined in section 102(9) of title 40, United States Code. (4) Excess The term excess , with respect to Federal real property, means excess property as defined in section 102(3) of title 40, United States Code. (5) Nongovernmental person The term nongovernmental person means a limited liability company, limited partnership, corporation, business trust, nonprofit entity, or such other form of entity as the head of a covered agency may designate. (6) Executive agency The term executive agency has the meaning provided in section 102(4) of title 40, United States Code. (j) Reports by Government Accountability Office The Comptroller General of the United States shall submit to Congress two reports on the effectiveness of the public-private agreement pilot program under this section. The first report shall be submitted not later than 5 years after the date of the enactment of this section, and the second report shall be submitted not later than 10 years after such date of enactment. Each report shall include specific recommendations on how best to use public-private agreements in all Federal agencies to improve Federal real property management.
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113-hr-5627
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I 113th CONGRESS 2d Session H. R. 5627 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Maffei (for himself, Mr. Sean Patrick Maloney of New York , Mr. Ruiz , Mr. Quigley , and Ms. Kaptur ) introduced the following bill; which was referred to the Committee on House Administration A BILL To amend title 44, United States Code, to require the Public Printer to adjust the fonts used in documents printed by the Government Printing Office if adjusting the fonts will reduce printing costs, and for other purposes.
1. Short title This Act may be cited as the Printing Responsibly in New Typesets Act or the PRINT Act . 2. Requiring Public Printer to adjust fonts used in documents printed by Government Printing Office to achieve savings (a) Adjusting Fonts (1) In general Chapter 5 of title 44, United States Code, is amended by adding at the end the following new section: 518. Adjustment of fonts (a) Documents Printed by Government Printing Office The Public Printer shall adjust the font used to print the text of any type of document printed by the Government Printing Office if the Public Printer determines that adjusting the font will reduce printing costs and be cost-effective and appropriate with respect to that type of document. (b) Documents Printed by Others The Public Printer shall enter into such agreements as may be required to ensure that any person other than the Government Printing Office who prints documents for the Federal Government under the authority of this title or pursuant to agreements authorized by this title follows the requirements of subsection (a) with respect to those documents in the same manner as the Public Printer follows such requirements with respect to documents printed by the Government Printing Office. . (2) Clerical amendment The table of sections of chapter 5 of such title is amended by adding at the end the following new item: 518. Adjustment of fonts. . (b) Conforming Amendments (1) United States Code (A) Section 205 of title 1, United States Code, is amended by striking and shall be in such form and style and inserting and (subject to section 518 of title 44, United States Code) shall be in such form and style . (B) Section 206 of title 1, United States Code, is amended by striking shall be printed in such form and style and inserting shall (subject to section 518 of title 44, United States Code) be printed in such form and style . (2) Congressional printing Section 707 of title 44, United States Code, is amended by striking Subject to sections and inserting Subject to section 518 of this title and sections . (3) Congressional Record Section 901 of title 44, United States Code, is amended by striking The Joint Committee and inserting Subject to section 518 of this title, the Joint Committee . (4) Executive and judiciary printing Section 1105 of title 44, United States Code, is amended by striking The Public Printer and inserting Subject to section 518 of this title, the Public Printer . (c) Effective Date The amendments made by this Act shall apply with respect to documents printed after the expiration of the 1-year period which begins on the date of the enactment of this Act. 3. Prohibiting delivery of printed copies of Congressional Record to offices of Members of Congress (a) Prohibiting Delivery Section 906 of title 44, United States Code, is amended— (1) by striking The Public Printer and inserting (a) In General .—Subject to subsection (c), the Public Printer ; (2) by striking Copies of the daily edition and inserting (b) Timing of Delivery .—Copies of the daily edition ; and (3) by adding at the end the following new subsection: (c) Prohibiting Delivery to Offices of Members of Congress The Public Printer may not deliver a printed copy of any version of the Congressional Record to the office of a Senator or the office of a Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress). . (b) Effective Date The amendments made by subsection (a) shall take effect 30 days after the date of enactment of this Act. 4. Redesignation of Government Printing Office as Government Publishing Office (a) Redesignation The Government Printing Office is hereby redesignated as the Government Publishing Office. (b) References Any reference to the Government Printing Office in any law, rule, regulation, certificate, directive, instruction, or other official paper in force on the date of enactment of this Act shall be considered to refer and apply to the Government Publishing Office.
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113-hr-5628
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I 113th CONGRESS 2d Session H. R. 5628 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Meadows introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To prohibit accessing pornographic web sites from Federal computers, and for other purposes.
1. Short title This Act may be cited as the Eliminating Pornography from Agencies Act . 2. Prohibition on accessing pornographic web sites from Federal computers (a) Prohibition Except as provided in subsection (b), not later than 90 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall issue guidelines that prohibit the access of a pornographic or other explicit web site from a Federal computer. (b) Exception The prohibition described in subsection (a) shall not apply to any Federal computer that is used for an investigative purpose that requires accessing a pornographic web site.
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113-hr-5629
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I 113th CONGRESS 2d Session H. R. 5629 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Meehan (for himself and Mr. McCaul ) introduced the following bill; which was referred to the Committee on Homeland Security A BILL To amend the Homeland Security Act of 2002 to strengthen the Domestic Nuclear Detection Office, and for other purposes.
1. Short title This Act may be cited as the Strengthening Domestic Nuclear Security Act of 2014 . 2. Domestic Nuclear Detection Office (a) In general Title XIX of the Homeland Security Act of 2002 ( 6 U.S.C. 591 et seq. ) is amended by adding at the end the following new sections: 1908. Domestic implementation of the global nuclear detection architecture In carrying out the mission of the Office under subparagraph (A) of section 1902(a)(4), the Director for Domestic Nuclear Detection shall provide support for planning, organization, equipment, training, exercises, and operational assessments to Federal, State, local, territorial, and tribal entities to assist in implementing radiological and nuclear detection capabilities in the event of a radiological or nuclear act of terror or other attack. Such capabilities shall be integrated into the enhanced global nuclear detection architecture referred to in such section 1902(a)(4), and shall inform and be guided by architecture studies, technology needs, and research activities of the Office. 1909. Securing the Cities program (a) Establishment The Director for Domestic Nuclear Detection shall establish the Securing the Cities ( STC ) program to enhance, through Federal, State, local, tribal, and private entities, the ability of the United States to detect and prevent a radiological or nuclear act of terror or other attack in high-risk urban areas. (b) Designation of jurisdictions In designating jurisdiction under subsection (a), the Director for Domestic Nuclear Detection shall consider jurisdictions designated by the Secretary as high-risk urban areas under section 2003, and other cities and regions as appropriate, for the selection of new STC locations. (c) Congressional notification The Director for Domestic Nuclear Detection shall notify the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate not later than 30 days after any additions or changes to the jurisdictions participating in the STC program under this section. (d) GAO report Not later than one year after the date of the enactment of this section, the Comptroller General of the United States shall submit to the congressional committees specified in subsection (c) an assessment, including an evaluation of the effectiveness, of the STC program. 1910. Authorization of appropriations There is authorized to be appropriated to carry out this title $291,000,000 for each of fiscal years 2015 and 2016. . (b) Clerical amendments The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by striking the item relating to section 1907 and inserting the following new items: Sec. 1907. Joint biennial interagency review of global nuclear detection architecture. Sec. 1908. Domestic implementation of the global nuclear detection architecture. Sec. 1909. Securing the Cities program. Sec. 1910. Authorization of appropriations. . (c) Effective date This Act shall take effect on the date that is 30 days after the date of the enactment of this Act.
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113-hr-5630
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I 113th CONGRESS 2d Session H. R. 5630 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Murphy of Florida (for himself, Mr. Rice of South Carolina , Ms. Kuster , Mr. Swalwell of California , Mr. Jolly , Mr. Mulvaney , Ms. Sinema , and Mr. Peters of California ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend the Inspector General Act of 1976 to fill Inspector General vacancies, and for other purposes.
1. Short title This Act may be cited as the Inspector General Vacancy Act of 2014 . 2. Amendment Section 3 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following new subsection: (h) Nomination of Inspector General To fill a vacancy If the President does not nominate an Inspector General pursuant to subsection (a) within 180 days after a vacancy for the Inspector General, the individual serving as interim Inspector General shall be deemed to be appointed under such subsection, by and with the advice and consent of the Senate. .
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113-hr-5631
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I 113th CONGRESS 2d Session H. R. 5631 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Murphy of Florida (for himself, Mr. Jolly , Mr. Hastings of Florida , Ms. Wasserman Schultz , Ms. Brown of Florida , Ms. Frankel of Florida , Mr. Garcia , Mr. Deutch , and Mr. Posey ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To authorize the Central Everglades Planning Project, Florida, and for other purposes.
1. CERP, Central Everglades Planning Project, Florida (a) Authorization The project for environmental restoration, CERP, Central Everglades Planning Project, Florida, is authorized to be carried out by the Secretary of the Army substantially in accordance with the plans, and subject to the conditions, recommended in a final report of the Chief of Engineers if a favorable report of the Chief of Engineers is completed not later than December 30, 2015. (b) Total cost The project authorized pursuant to paragraph (1) is authorized to be carried out by the Secretary of the Army at a total cost of $1,900,000,000, with an estimated Federal cost of $950,875,000 and an estimated non-Federal cost of $949,125,000.
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113-hr-5632
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I 113th CONGRESS 2d Session H. R. 5632 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Neugebauer introduced the following bill; which was referred to the Committee on Financial Services A BILL To reform and update the flat rent structure for public housing.
1. Short title This Act may be cited as the Fair Local Adjustment for Tenant Rents Act of 2014 . 2. Public housing flat rents (a) In general Clause (i) of section 3(a)(2)(B) of the United States Housing Act of 1937 (42 U.S.C. 1437a(a)(2)(B)(i)) is amended to read as follows: (i) Flat rents (I) In general Each public housing agency shall establish, for each dwelling unit in public housing owned or operated by the agency, a flat rental amount for the dwelling unit, which shall— (aa) be based on the rental value of the unit, as determined by the public housing agency, but may not be an amount that is less than 80 percent of the applicable fair market rental established under section 8(c) of this Act; or (bb) be established using another factor as determined by the Secretary. (II) Exceptions A public housing agency may request that the Secretary may establish a flat rent for a dwelling in an amount that is less than the minimum amount established pursuant to subclause (I) for the unit, if the public housing agency demonstrates that such minimum amount is not an accurate measure of the rental value for the unit. (III) Rent increases If a new flat rental amount established pursuant to this clause for a dwelling unit would increase the existing rental payment of any family residing in public housing as of implementation of such flat rent by more than 35 percent, the new flat rental amount shall be phased in as necessary to ensure that the family’s existing rental payment does not increase by more than 35 percent annually. . (b) Implementation The Secretary of Housing and Urban Development shall implement section 3(a)(2)(B)(i) of the United States Housing Act of 1937, as amended by subsection (a) of this section, not later than the expiration of the 6-month period beginning on the date of the enactment of this Act. 3. Minimum rents for public housing and section 8 rental assistance programs Subparagraph (A) of section 3(a)(3) of the United States Housing Act of 1937 (42 U.S.C. 1437a(a)(3)(A)) is amended, in the matter preceding clause (i), by striking more than and inserting less than .
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113-hr-5633
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I 113th CONGRESS 2d Session H. R. 5633 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Pascrell introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To authorize grants for the support of caregivers.
1. Short title This Act may be cited as the In-Home Caregiver Assessment Resources and Education Act or the In-Home CARE Act . 2. Findings Congress finds the following: (1) More than 65,000,000 unpaid caregivers provide care for a chronically ill, disabled, or aged family member or friend during any given year. (2) Sixty-six percent of unpaid caregivers are women. More than 37 percent of caregivers live with children or grandchildren who are under 18 years old. (3) Unpaid family caregivers spend an average of 20 hours per week caring for their loved ones, and 13 percent of family caregivers provide 40 or more hours of care per week. (4) Thirty-six percent of caregivers care for a parent. (5) Fourteen percent of caregivers care for a special needs child, including an estimated 16,800,000 caregivers who care for special needs children who are under 18 years old. (6) In 2007, the average caregiver for someone 50 years or older spent $5,531 per year on out-of-pocket caregiving expenses, which is more than 10 percent of the median income for a family caregiver for that year. Forty-seven percent of working caregivers have used up all or most of their savings due to caregiving expenses. (7) Seventy-three percent of caregivers who provide care for an individual over the age of 18 are currently working or have worked while providing care. Sixty-six percent of such caregivers have had to make some modifications to their work schedule, from arriving late to work to leaving their job entirely. One in 5 caregivers have had to take time off from work. (8) Fifty-three percent of caregivers have experienced a decline in their health as a result of caregiving, which has affected their ability to provide care. (9) Forty-six percent of caregivers perform medical or nursing tasks for patients with multiple physical and chronic conditions. Of these caregivers, 78 percent were in charge of managing a patient's medications, administering fluids, or administering injections. (10) Nearly 20 percent of caregivers who assisted with medication management and 33 percent who assisted with changing dressings or bandages received no training about how to perform these tasks. (11) The vast majority (78 percent) of caregivers indicated they need more support related to caregiving. (12) Home visiting programs are cost-effective and have been proven to improve outcomes for children and parents in different domains ranging from child development to family violence. 3. Purposes The purposes of this Act are— (1) to improve the ability of unpaid caregivers to care for individuals in the home; and (2) to increase opportunities for individuals who are in need of care to remain at home and reduce or postpone the need for such individuals to receive care at an institution. 4. Caregiver grants Subpart IV of part D of title III of the Public Health Service Act ( 42 U.S.C. 255 et seq. ) is amended by adding at the end the following: 339A. Caregiver grants (a) In General The Secretary, acting through the Administrator of the Administration for Community Living, shall award 3-year grants, on a competitive basis, to eligible organizations to carry out home visiting programs for unpaid caregivers. (b) Definitions In this section: (1) Caregiver The term caregiver means an unpaid family member, foster parent, or other unpaid adult who provides in-home monitoring, management, supervision, or treatment of a child or adult with a special need, such as a disease, disability, or the frailties of old age. (2) Caregiver assessment The term caregiver assessment means an assessment that includes talking directly to caregivers to better understand their needs, problems, resources, and strengths. (3) Child or adult with a special need The term child or adult with a special need means an individual for whom care or supervision is required to— (A) meet the basic needs of the individual; (B) prevent physical self-injury or injury to others; or (C) avoid placement in an institutional facility. (4) Eligible organization The term eligible organization means— (A) a local government agency; (B) a health care entity; or (C) any other nonprofit or community organization, that can provide the services described in subsection (f). (c) Coordination In carrying out this section, the Secretary shall coordinate— (1) with the heads of the National Family Caregiver Support Program of the Administration on Aging and other programs within the Department of Health and Human Services (such as the Lifespan Respite Care Program), to ensure coordination of caregiver services for caregivers of children or adults with special needs; and (2) with the Director of the Centers for Medicare & Medicaid Services to avoid duplicative services and payments. (d) Application An eligible organization that desires a grant under this section shall submit an application at such time, in such manner, and containing such information as the Secretary may require, including, at a minimum— (1) an outreach plan that identifies how the eligible organization will ascertain which caregivers in the community— (A) are most in need of support and education, particularly caregivers who have had no training and provide complex chronic care activities or perform medical or nursing tasks in addition to assisting with activities of daily living; (B) are caring for individuals who are at the greatest risk of needing institutional care; and (C) desire to participate in the caregiver home visiting program; (2) a description of the services that the eligible organization will provide directly using grant funds, and a description of the services that the eligible organization will use grant funds to provide through contracts or referrals; (3) a description of how the eligible organization will identify gaps in the services that caregivers and children or adults with a special need who receive care from a caregiver in the community are receiving; (4) a description of how the eligible organization can provide— (A) an initial visit to caregivers in order to complete a caregiver assessment, including a description of the eligible organization's expertise in conducting caregiver assessments; (B) education and training to help the caregiver learn how to best care for a child or adult with a special need, by an individual with expertise in the tasks for which the caregiver requires education and training, including education and training regarding, as applicable— (i) medication management; (ii) wound care; (iii) nutrition and food preparation for special diets; (iv) falls prevention; (v) management of depression, anxiety, stress, and other behavioral health conditions, including ways to minimize negative mental health effects; (vi) assistance with activities of daily living; (vii) ways to engage other family members in providing care; (viii) ways to identify and utilize available community resources; and (ix) abuse and neglect prevention; and (C) recommendations for home modifications or physical environmental changes that will improve the health or quality of life of a child or adult with a special need who is receiving care from a caregiver; (5) a description of the eligible organization's ability to provide, or refer caregivers to local resources or programs of the Department of Health and Human Services that will provide— (A) physical and mental health care, including home health care and long-term support services; (B) transportation; (C) home modification services; (D) respite care; (E) adult day care; (F) support groups; and (G) legal assistance; (6) a description of the eligible organization's ability to coordinate with other State and community-based agencies; (7) a description of the eligible organization's understanding of caregiver issues— (A) across age groups; and (B) including disabilities and chronic conditions that affect the populations that the eligible organization will serve; (8) a description of the capacity of the eligible organization to engage caregivers, family members, and children or adults with a special need who receive care from a caregiver; and (9) with respect to the population of caregivers to whom caregiver visits or services will be provided, or for whom workers and volunteers will be recruited and trained, a description of— (A) the population of caregivers; (B) the extent and nature of the needs of that population; and (C) existing caregiver services for that population, including the number of caregivers served and the extent of unmet need. (e) Priority In awarding grants under this section, the Secretary shall give priority to eligible organizations that— (1) the Secretary determines show the greatest likelihood of implementing or enhancing caregiver home visiting services for the greatest number of people; (2) will allow caregivers to contact the eligible organization by phone, email, or two-way interactive video after home visits have ended or if a caregiver has questions or concerns; (3) have a proven record of caregiver support; (4) will use evidence-based programs; or (5) will provide matching funds or can demonstrate that the program funded by a grant under this section will be sustainable after grant funds are no longer provided. (f) Authorized activities An eligible organization receiving a grant under this section shall use grant funds to— (1) conduct an initial home visit for each caregiver participating in the program, during which a representative from the eligible organization who has expertise in care management and caregiving will perform a caregiver assessment and determine what follow-up services may benefit the caregiver and the child or adult with a special need who receives care from the caregiver; (2) conduct home visits for the purpose of caregiver education and training; (3) provide, or provide referrals for, the services described in subsection (d)(5); (4) provide an assessment and referral for physical and mental health services for the caregiver and for the child or adult with a special need who receives care from the caregiver, as needed; and (5) carry out any other activities that are described in the grant application submitted under subsection (d). (g) Technical assistance center The Secretary shall establish or contract to establish a technical assistance center through which the Secretary shall— (1) provide models for programs funded by grants under this section; (2) provide training for grantees; (3) answer questions from grantees; and (4) facilitate an exchange of information among grantees, and between grantees and other programs within the Department of Health and Human Services, including through use of the Technical Assistance Exchange of the Administration for Community Living, in order to maximize the use of existing resources and services for caregivers and to avoid the duplication of such services. (h) Evaluation (1) In General Not later than 1 year after the date of enactment of this section, and annually thereafter, the Secretary shall evaluate the success of the grant program carried out under this section, based on criteria that the Secretary may develop for such evaluation. (2) Optional contents of evaluation The evaluation described in paragraph (1) may include an evaluation of— (A) the extent to which children or adults with a special need who are cared for by a participating caregiver have— (i) a reduction in the potential number of hospitalizations; (ii) a reduction in the potential number of institutionalizations; (iii) cost reductions across the health care system; (iv) improved care; and (v) improved quality of life (including a reduction of stress and anxiety and improved relationships and mood); and (B) the extent to which participating caregivers have improved quality of life (including a reduction of stress and anxiety and improved health, relationships, and mood). (i) Reports and Recommendations Not later than 1 year before the expiration of the grants awarded under this section, the Secretary shall prepare and submit a report to Congress that includes recommendations, based on the evaluation described in subsection (h), about— (1) changes to the grant program under this section; (2) the potential for expanding the number and scope of caregiver home visiting program grants distributed by the Secretary; and (3) extending the length of the grant program. (j) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary. .
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113-hr-5634
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I 113th CONGRESS 2d Session H. R. 5634 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Peters of California introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Federal Crop Insurance Act to require the public disclosure of crop insurance premium subsidies made on behalf of Members of Congress and their immediate families, Cabinet Secretaries and their immediate families, and entities of which any such individual or combination of such individuals is a majority shareholder, and to require the public disclosure of the underwriting gains earned by private insurance provider and the business expenses covered by the Federal Government.
1. Short title This Act may be cited as the Stop Hiding Congressional Farm Subsidies Act . 2. Disclosure of crop insurance premium subsidies made on behalf of Members of Congress and certain other individuals and entities Section 502(c) of the Federal Crop Insurance Act ( 7 U.S.C. 1502(c) ) is amended by adding at the end the following new paragraphs: (5) Disclosure of crop insurance premium subsidies made on behalf of Members of Congress and Cabinet Secretaries (A) Disclosure required Notwithstanding paragraph (1) or any other provision of law, the Secretary shall make available to the public, on an annual basis— (i) the name of each individual or entity specified in subparagraph (B) who obtained a federally subsidized crop insurance, livestock, or forage policy or plan of insurance (other than a catastrophic risk protection plan offered under section 508(b)) during the previous fiscal year; (ii) the amount of premium subsidy received by that individual or entity from the Corporation for such policy or plan of insurance; and (iii) the amount of any Federal portion of indemnities paid in the event of a loss during that fiscal year for policy or plan of insurance. (B) Covered individuals Subparagraph (A) applies with respect to the following: (i) Members of Congress and their immediate families. (ii) Cabinet Secretaries and their immediate families. (iii) Entities of which any individual described in clause (i) or (ii), or a combination of such individuals, is a majority shareholder. (6) Disclosure of benefits for private insurance providers Notwithstanding paragraph (1) or any other provision of law, the Secretary shall make available to the public, on an annual basis, regarding each private insurance provider, by name— (A) the underwriting gains earned through participation in the federally subsidized crop insurance program; and (B) the amount paid under this subtitle for administrative and operating expenses, any Federal portion of indemnities and reinsurance, and any other purpose. .
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113-hr-5635
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I 113th CONGRESS 2d Session H. R. 5635 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Peters of California (for himself, Mr. Connolly , Mr. Tonko , and Mr. Israel ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend chapter 11 of title 31, United States Code, to require the Director of the Office of Management and Budget to annually submit to Congress a report on all disaster-related assistance provided by the Federal Government.
1. Short title This Act may be cited as the Disclosing Aid Spent to Ensure Relief Act or the DISASTER Act . 2. Findings Congress finds the following: (1) At a time of constrained budgets, it is fiscally prudent to understand the amount and the scope of the Federal Government’s involvement in providing disaster-related assistance to communities in need. (2) The Federal Government does not provide a single, publicly available estimate of the amount it is spending on disaster-related assistance. (3) Because recovery is a long-term process, providing disaster-related assistance requires significant Federal resources to support a multi-agency, multi-year restoration of infrastructure and commerce in affected communities. (4) Understanding the expenditures of individual Federal agencies for disaster-related assistance will help better inform the congressional appropriations process, as well as presidential budget requests. (5) Knowledge about disaster-related expenses will illustrate opportunities for reducing these expenses through efforts to reduce vulnerabilities to future natural disasters. 3. Purpose The purpose of this Act is to require the Director of the Office of Management and Budget to annually submit to Congress a report on all disaster-related assistance provided by the Federal Government. 4. Reporting of disaster-related assistance (a) In general Chapter 11 of title 31, United States Code, is amended by adding at the end the following new section: 1126. Reporting of disaster-related assistance (a) In general On the same day that the President makes the annual budget submission to the Congress under section 1105(a) for a fiscal year, the Director of the Office of Management and Budget shall submit to Congress a report on Federal disaster-related assistance for the fiscal year ending in the calendar year immediately preceding the calendar year in which the annual budget submission is made. Disaster-related assistance encompasses Federal obligations related to disaster response, recovery, and mitigation efforts, as well as administrative costs associated with these activities, including spending by the following agencies and programs: (1) Department of Agriculture: (A) Agriculture Research Service. (B) Farm Service Agency. (C) Food and Nutrition Service. (D) Natural Resource Conservation Service. (E) Forest Service. (F) Rural Housing Service. (G) Rural Utilities Service. (2) Department of Commerce: (A) National Marine Fisheries Service of the National Oceanic and Atmospheric Administration. (B) Economic Development Administration Economic Adjustment Assistance. (3) Army Corps of Engineers of the Department of Defense (Civil). (4) Department of Defense (Military): (A) Military Personnel. (B) Operations and Maintenance. (C) Procurement. (D) Research, Development, Test, and Evaluation. (E) Military Construction (MILCON) and Family Housing. (F) Management Funds. (G) Other Department of Defense Programs. (5) Department of Education: (A) Elementary and Secondary Education. (B) Higher Education. (6) Department of Health and Human Services: (A) Administration for Children and Families. (B) Public Health and Medical Assistance. (C) Public Health Emergency Fund. (7) Department of Homeland Security: (A) Federal Emergency Management Agency: (i) Emergency Declarations. (ii) Fire Management Assistance Grants. (iii) Major Disaster Declarations. (iv) Administrative Assistance. (B) FEMA Missions Assignments by Federal Agency. (C) Community Disaster Loan Program. (8) Department of Housing and Urban Development (HUD): (A) Community Development Block Grants. (B) Rental Assistance/Section 8 Vouchers. (C) Supportive Housing. (D) Public Housing Repair. (E) Inspector General. (9) Department of the Interior: (A) Bureau of Indian Affairs. (B) United States Fish and Wildlife Service. (C) National Park Service. (D) Wildland Fire Management. (10) Department of Justice: (A) Legal Activities. (B) United States Marshals Service. (C) Federal Bureau of Investigation. (D) Drug Enforcement Administration. (E) Bureau of Tobacco, Firearms, and Explosives. (F) Federal Prison System (Bureau of Prisons). (G) Office of Justice Programs. (11) Department of Labor: (A) National Emergency Grants for Dislocation Events. (B) Workforce Investment Act (WIA) Dislocated Worker Program. (12) Department of Transportation: (A) Federal Highway Administration: Emergency Relief Program (ER). (B) Federal Aviation Administration (FAA). (C) Federal Transit Administration (FTA). (13) Department of the Treasury: Internal Revenue Service. (14) Department of Veterans Affairs. (15) Corporation for National and Community Service. (16) Environmental Protection Agency: (A) Hurricane Emergency Response Authorities. (B) EPA Hurricane Response. (C) EPA Regular Appropriations. (17) The Federal Judiciary. (18) Disaster Assistance Program of the Small Business Administration. (19) Other authorities as appropriate. (b) Content The report shall detail the following: (1) Overall amount of disaster-related assistance obligations during the fiscal year. (2) Disaster-related assistance obligations by agency and account. (3) Disaster for which the spending was obligated. (4) Obligations by disaster. (5) Disaster-related assistance by disaster type. (6) Response and recovery spending. (7) Mitigation spending. (8) Spending in the form of loans. (9) Spending in the form of grants. (c) Availability of report The report shall be made publicly available on the website of the Office of Management and Budget and should be searchable, sortable and downloadable. . (b) Conforming amendment The table of chapters for chapter 11 of title 31, United States Code, is amended by adding at the end the following new item: 1126. Reporting of disaster-related assistance. . 5. Effective date The reporting requirement under the amendment made by section 3(a) shall take effect with the budget submission of the President under section 1105(a) of title 31, United States Code, for fiscal year 2017.
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113-hr-5636
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I 113th CONGRESS 2d Session H. R. 5636 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Peters of California (for himself, Mrs. Napolitano , Mr. Vargas , Mr. Murphy of Florida , and Mr. Delaney ) 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 cut and reduce excess and duplicative tax assessments and paperwork for entrepreneurs.
1. Short title This Act may be cited as the Cut REDTAPE Act . 2. Exemption of new small businesses from estimated income tax payments (a) Individuals Section 6654 of the Internal Revenue Code of 1986 is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following new subsection: (n) Special rule for new small businesses (1) In general No addition to tax shall be imposed under subsection (a) with respect to income from a new small business. (2) Income from a new small business For purposes of paragraph (1), income from a new small business means, with respect to any individual, income from a trade or business if the gross receipts of such trade or business for the calendar year ending with or within the taxable year of the individual do not exceed $1,000,000. (3) Limited application Paragraph (1) shall not apply to income from a new small business for any taxable year beginning after 2 years after the date on which the new small business is formed. (4) Controlled groups (A) In general For purposes of this subsection, all persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as a single trade or business. (B) Inclusion of foreign corporations For purposes of subparagraph (A), in applying subsections (a) and (b) of section 52 to this section, section 1563 shall be applied without regard to subsection (b)(2)(C) thereof. . (b) Corporations Section 6655 of the Internal Revenue Code of 1986 is amended by redesignating subsection (j) as subsection (k) and by inserting after subsection (i) the following new subsection: (j) Special rule for new small businesses (1) In general No addition to tax shall be imposed under subsection (a) with respect to income from a new small business. (2) Income from a new small business For purposes of paragraph (1), income from a new small business means income from a trade or business if the gross receipts of such trade or business for the taxable year do not exceed $1,000,000. (3) Limited application Paragraph (1) shall not apply to income from a new small business for any taxable year beginning after 2 years after the date on which the new small business is incorporated. (4) Controlled groups (A) In general For purposes of this subsection, all persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as a single trade or business. (B) Inclusion of foreign corporations For purposes of subparagraph (A), in applying subsections (a) and (b) of section 52 to this section, section 1563 shall be applied without regard to subsection (b)(2)(C) thereof. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2014.
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113-hr-5637
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I 113th CONGRESS 2d Session H. R. 5637 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Peters of California (for himself and Mr. Vargas ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to provide an exclusion from gross income for discharge of consumer indebtedness.
1. Short title This Act may be cited as the Consumer Debt Forgiveness Tax Relief Act of 2014 . 2. Exclusion from gross income for discharge of consumer indebtedness (a) In general Paragraph (1) of section 108(a) of the Internal Revenue Code of 1986 is amended by striking or at the end of subparagraph (D), by striking the period at the end of subparagraph (E) and inserting , or , and by adding at the end the following: (F) the indebtedness discharged is qualified consumer indebtedness. . (b) Special rules relating to qualified consumer indebtedness Section 108 of the Internal Revenue Code of 1986 is amended by adding at the end the following: (j) Special rules relating to qualified consumer indebtedness (1) Qualified consumer indebtedness defined For purposes of this section, the term qualified consumer indebtedness means any indebtedness of a natural person arising out of a transaction in which the money, property, or services which are the subject of the transaction are primarily for personal, family, or household purposes. (2) Overall limitation The aggregate amount of discharged indebtedness treated as qualified consumer indebtedness for the taxable year shall not exceed the excess (if any) of— (A) $2,500, over (B) the aggregate amounts treated as qualified consumer indebtedness with respect to such taxpayer for all prior taxable years. . (c) Effective date The amendments made by this section shall apply to indebtedness discharged after the date of the enactment of this Act.
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113-hr-5638
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I 113th CONGRESS 2d Session H. R. 5638 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Petri (for himself, Mr. Sensenbrenner , and Mr. Duffy ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To allow railroad employees to remain on duty as necessary to clear a blockage of vehicular traffic at grade crossings.
1. Grade crossing exception (a) Amendment Chapter 211 of title 49, United States Code, is amended by inserting at the end the following new section: 21110. Grade crossing exception. Employees may be allowed to remain or go on duty for a period in excess of the limitations established under this chapter to the extent necessary to clear a blockage of vehicular traffic at a grade crossing. . (b) Table of sections The table of sections for such chapter 211 is amended by inserting at the end the following new item: 21110. Grade crossing exception. .
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113-hr-5639
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I 113th CONGRESS 2d Session H. R. 5639 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Price of North Carolina introduced the following bill; which was referred to the Committee on Financial Services A BILL To strengthen the disclosure requirements for creditors under the Truth in Lending Act.
1. Short title This Act may be cited as the Online Credit Card Disclosure Act of 2014 . 2. Online payment timing disclosures Section 127(b)(11)(D) of the Truth in Lending Act ( 15 U.S.C. 1637(b)(11)(D) ) is amended— (1) in clause (i), by striking ; and and inserting a semicolon; (2) in clause (ii), by striking the period and inserting ; and ; and (3) by inserting at the end the following new clause: (iii) if the consumer has an online account with the creditor under the consumer credit plan, be disclosed in a conspicuous and prominent location on a webpage of such creditor. .
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113-hr-5640
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I 113th CONGRESS 2d Session H. R. 5640 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Price of North Carolina (for himself, Mr. Aderholt , Mr. Quigley , Mr. Bachus , and Mr. McDermott ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the AIDS Housing Opportunity Act to modernize the formula and terms for allocations to prevent homelessness for individuals living with HIV or AIDS.
1. Short title This Act may be cited as the Housing for Persons With AIDS Modernization Act of 2014 . 2. Formula and terms for allocations to prevent homelessness for individuals living with HIV or AIDS (a) In general Subsection (c) of section 854 of the AIDS Housing Opportunity Act ( 42 U.S.C. 12903(c) ) is amended by— (1) redesignating paragraph (3) as paragraph (5); and (2) striking paragraphs (1) and (2) and inserting the following: (1) Allocation of resources (A) Allocation formula The Secretary shall allocate 90 percent of the amount approved in appropriations Acts under section 863 among States and metropolitan statistical areas as follows: (i) 75 percent of such amounts among— (I) cities that are the most populous unit of general local government in a metropolitan statistical area with a population greater than 500,000, as determined on the basis of the most recent census, and with more than 2,000 individuals living with HIV or AIDS, using the data specified in subparagraph (B); and (II) States with more than 2,000 individuals living with HIV or AIDS outside of metropolitan statistical areas. (ii) 25 percent of such amounts among States and metropolitan statistical areas based on the method described in subparagraph (C). (B) Source of data For purposes of allocating amounts under this paragraph for any fiscal year, the number of individuals living with HIV or AIDS shall be the number of such individuals as confirmed by the Director of the Centers for Disease Control and Prevention, as of December 31 of the most recent calendar year for which such data is available. (C) Allocation under subparagraph (A)(ii) For purposes of allocating amounts under subparagraph (A)(ii), the Secretary shall develop a method that accounts for— (i) differences in housing costs among States and metropolitan statistical areas based on the fair market rental established pursuant to section 8(c) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(c) ) or another methodology established by the Secretary through regulation; and (ii) differences in poverty rates among States and metropolitan statistical areas based on area poverty indexes or another methodology established by the Secretary through regulation. (2) Maintaining grants (A) Continued eligibility of fiscal year 2014 grantees A grantee that received an allocation in fiscal year 2014 shall continue to be eligible for allocations under paragraph (1) in subsequent fiscal years, subject to— (i) the amounts available from appropriations Acts under section 863; (ii) approval by the Secretary of the most recent comprehensive housing affordability strategy for the grantee approved under section 105; and (iii) the requirements of subparagraph (C). (B) Adjustments Allocations to grantees described in subparagraph (A) shall be adjusted annually based on the administrative provisions included in fiscal year 2014 appropriations Acts. (C) Redetermination of continued eligibility The Secretary shall redetermine the continued eligibility of a grantee that received an allocation in fiscal year 2014 at least once during the 10-year period following fiscal year 2014. (D) Adjustment to grants For each of fiscal years 2015, 2016, and 2017, the Secretary shall ensure that a grantee that received an allocation in the prior fiscal year does not receive an allocation that is 10 percent less than or 20 percent greater than the amount allocated to such grantee in the preceding fiscal year. (3) Alternative grantees (A) Requirements The Secretary may award funds reserved for a grantee eligible under paragraph (1) to an alternative grantee if— (i) the grantee submits to the Secretary a written agreement between the grantee and the alternative grantee that describes how the alternative grantee will take actions consistent with the applicable comprehensive housing affordability strategy approved under section 105 of this Act; (ii) the Secretary approves the written agreement described in clause (i) and agrees to award funds to the alternative grantee; and (iii) the written agreement does not exceed a term of 10 years. (B) Renewal An agreement approved pursuant to subparagraph (A) may be renewed by the parties with the approval of the Secretary. (C) Definition In this paragraph, the term alternative grantee means a public housing agency (as defined in section 3(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b) )), a unified funding agency (as defined in section 401 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11360 )), a State, a unit of general local government, or an instrumentality of State or local government. (4) Reallocations If a State or metropolitan statistical area declines an allocation under paragraph (1)(A), or the Secretary determines, in accordance with criteria specified in regulation, that a State or metropolitan statistical area that is eligible for an allocation under paragraph (1)(A) is unable to properly administer such allocation, the Secretary shall reallocate any funds reserved for such State or metropolitan statistical area as follows: (A) For funds reserved for a State— (i) to eligible metropolitan statistical areas within the State on a pro rata basis; or (ii) if there is no eligible metropolitan statistical areas within a State, to metropolitan cities and urban counties within the State that are eligible for grant under section 106 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5306 ), on a pro rata basis. (B) For funds reserved for a metropolitan statistical area, to the State in which the metropolitan statistical area is located. (C) If the Secretary is unable to make a reallocation under subparagraph (A) or (B), the Secretary shall make such funds available on a pro rata basis under the formula in paragraph (1)(A). . (b) Amendment to definitions Section 853 of such Act is amended— (1) in paragraph (1), by inserting or AIDS before means ; and (2) by inserting at the end the following new paragraphs: (15) The term HIV means infection with the human immunodeficiency virus. (16) The term individuals living with HIV or AIDS means, with respect to the counting of cases in a geographic area during a period of time, the sum of— (A) the number of living non-AIDS cases of HIV in the area; and (B) the number of living cases of AIDS in the area. .
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113-hr-5641
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I 113th CONGRESS 2d Session H. R. 5641 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Price of North Carolina (for himself and Mr. Van Hollen ) introduced the following bill; which was referred to the Committee on House Administration A BILL To amend the Federal Election Campaign Act of 1971 to clarify the treatment of coordinated expenditures as contributions to candidates, and for other purposes.
1. Clarification of treatment of coordinated expenditures as contributions to candidates (a) Treatment as contribution to candidate Section 301(8)(A) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 30101(8)(A) ) is amended— (1) by striking or at the end of clause (i); (2) by striking the period at the end of clause (ii) and inserting ; or ; and (3) by adding at the end the following new clause: (iii) any payment made by any person (other than a candidate, an authorized committee of a candidate, or a political committee of a political party) for a coordinated expenditure (as such term is defined in section 324) which is not otherwise treated as a contribution under clause (i) or clause (ii). . (b) Definitions Section 324 of such Act ( 2 U.S.C. 30126 ) is amended to read as follows: 324. Payments for coordinated expenditures (a) Coordinated expenditures (1) In general For purposes of section 301(8)(A)(iii), the term coordinated expenditure means— (A) any expenditure, including a payment for a covered communication described in subsection (d), which is made in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, an authorized committee of a candidate, a political committee of a political party, or agents of the candidate or committee, as provided in subsection (b); or (B) any payment for any communication which republishes, disseminates, or distributes, in whole or in part, any broadcast or any written, graphic, or other form of campaign material prepared by the candidate or committee or by agents of the candidate or committee. (2) Exception for payments for certain communications A payment for a communication (including a covered communication described in subsection (d) shall not be treated as a coordinated expenditure under this subsection if— (A) the communication appears in a news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication, unless such facilities are owned or controlled by any political party, political committee, or candidate; or (B) the communication constitutes a candidate debate or forum conducted pursuant to regulations adopted by the Commission pursuant to section 304(f)(3)(B)(iii), or which solely promotes such a debate or forum and is made by or on behalf of the person sponsoring the debate or forum. (b) Coordination described (1) In general For purposes of this section, a payment is made in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, an authorized committee of a candidate, a political committee of a political party, or agents of the candidate or committee, if the payment is not made entirely independently of the candidate, committee, or agents, including a payment which is made pursuant to any general or particular understanding, or more than incidental communication with, the candidate, committee, or agents about the payment. (2) No finding of coordination based solely on sharing of information regarding legislative or policy position For purposes of this section, a payment shall not be considered to be made by a person in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate or committee, solely on the grounds that the person or the person’s agent engaged in discussions with the candidate or committee, or with agents of the candidate or committee, regarding that person's position on a legislative or policy matter (including urging the candidate or committee to adopt that person's position), so long as there is no discussion between the person and the candidate or committee, or agents of the candidate or committee, regarding the candidate’s or committee’s campaign advertising, message, strategy, policy, polling, allocation of resources, fundraising, or campaign operations. (3) No effect on party coordination standard Nothing in this section shall be construed to affect the determination of coordination between a candidate and a political committee of a political party for purposes of section 315(d). (4) No safe harbor for use of firewall A person shall be determined to have made a payment in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate or committee, in accordance with this section without regard to whether or not the person established and used a firewall or similar procedures to restrict the sharing of information between individuals providing services for or on behalf of the person and the candidate or committee or agents of the candidate or committee. (c) Special rule for payments by coordinated spenders for covered communications (1) Payments deemed to be made in cooperation, consultation, or concert with, candidates For purposes of this section, if the person who makes a payment for a covered communication is a coordinated spender with respect to the candidate involved, the person shall be deemed to have made the payment in cooperation, consultation, or concert with the candidate. (2) Coordinated spender defined For purposes of this subsection, the term coordinated spender means, with respect to a candidate or an authorized committee of a candidate, a person (other than a political committee of a political party) for which any of the following applies: (A) The person is directly or indirectly formed or established by or at the request or suggestion of, or with the encouragement of, the candidate or committee or agents of the candidate or committee, including with the express or tacit approval of the candidate or committee or agents of the candidate or committee. (B) The candidate or committee or agents of the candidate or committee solicit funds or engage in other fundraising activity on the person’s behalf during the election cycle involved, including by providing the person with names of potential donors or other lists to be used by the person in engaging in fundraising activity, regardless of whether the person pays fair market value for the names or lists provided. (C) The person is established, directed, or managed by any person who, during the election cycle involved or during the 4-year period ending on the first day of the election cycle involved, has been employed or retained as a political, media, or fundraising adviser or consultant for the candidate or committee or for any other entity directly or indirectly controlled by the candidate or committee, or has held a formal position with a title for the candidate or committee. (D) During the election cycle involved, the person has had more than incidental communications with the candidate or committee or agents of the candidate or committee about the candidate’s campaign needs or activities, or about the person’s possible or actual campaign activities with respect to the candidate or committee. (E) The person has retained the professional services of any person who, during the same election cycle, has provided or is providing professional services relating to the campaign to the candidate or committee. For purposes of this subparagraph, the term professional services includes any services in support of the candidate’s or committee’s campaign activities, including advertising, message, strategy, policy, polling, allocation of resources, fundraising, and campaign operations, but does not include accounting or legal services. (F) The person is established, directed, or managed by a member of the immediate family of the candidate, or (in the case of a person that is a political committee) has received a contribution from a member of the immediate family of the candidate. For purposes of this subparagraph, the term immediate family has the meaning given such term in section 9004(e) of the Internal Revenue Code of 1986. (3) Limitation Paragraph (2) shall apply to a person with respect to a candidate or authorized committee during a calendar quarter only if 20 percent or more of that person’s total spending for covered communications in the period beginning on the first day of the election cycle with respect to the candidate or committee involved and ending on the first day of that calendar quarter is attributable to— (A) communications that promote or support that candidate, or attack or oppose the opponent of that candidate, in the case of covered communications described in subsection (d)(1); and (B) communications that refer to that candidate or an opponent of that candidate, in the case of covered communications described in subsection (d)(2). (d) Covered communication defined (1) In general For purposes of this section, the term covered communication means, with respect to a candidate or an authorized committee of a candidate, a public communication (as defined in section 301(22)) which— (A) promotes or supports the candidate, or attacks or opposes an opponent of the candidate (regardless of whether the communication expressly advocates the election or defeat of a candidate or contains the functional equivalent of express advocacy); or (B) refers to the candidate or an opponent of the candidate but is not described in subparagraph (A), but only if the communication is disseminated during the applicable election period. (2) Applicable election period In paragraph (1)(B), the applicable election period with respect to a communication means— (A) in the case of a communication which refers to a candidate for the office of President or Vice President, the period which begins on the date that is 120 days before the date of the first primary election, preference election, or nominating convention for nomination for the office of President which is held in any State and ends with the date of the general election for such office; or (B) in the case of a communication which refers to a candidate for any other office, which begins on the date that is 90 days before the primary or preference election, or convention or caucus of a political party that has authority to nominate a candidate, for the office sought by the candidate and ends on the date of the general election for such office. (3) Special rules for communications involving congressional candidates For purposes of this subsection, a public communication shall not be considered to be a covered communication with respect to a candidate for election for an office other than the office of President or Vice President unless it is publicly disseminated or distributed in the jurisdiction of the office the candidate is seeking. (e) Election cycle defined In this section, the term election cycle means, with respect to an election for Federal office, the period beginning on the day after the date of the most recent general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election) and ending on the date of the next general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election). . (c) Effective date (1) Repeal of existing regulations on coordination Effective upon the expiration of the 90-day period which begins on the date of the enactment of this Act— (A) the regulations on coordinated communications adopted by the Federal Election Commission which are in effect on the date of the enactment of this Act (as set forth in 11 CFR part 109, subpart C, under the heading Coordination ) are repealed; and (B) the Federal Election Commission shall promulgate new regulations on coordinated communications which reflect the amendments made by this Act. (2) Effective date The amendments made by this section shall apply with respect to payments made on or after the expiration of the 120-day period which begins on the date of the enactment of this Act, without regard to whether or not the Federal Election Commission has promulgated regulations in accordance with paragraph (1)(B) as of the expiration of such period. 2. Clarification of ban on fundraising for super pacs by federal candidates and officeholders (a) In General Section 323(e)(1) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 30125(e)(1) ) is amended— (1) by striking or at the end of subparagraph (A); (2) by striking the period at the end of subparagraph (B) and inserting ; or ; and (3) by adding at the end the following new subparagraph: (C) solicit, receive, direct, or transfer funds to or on behalf of any political committee which accepts donations or contributions that do not comply with the limitations, prohibitions, and reporting requirements of this Act (or to or on behalf of any account of a political committee which is established for the purpose of accepting such donations or contributions), or to or on behalf of any political organization under section 527 of the Internal Revenue Code of 1986 which accepts such donations or contributions (other than a committee of a State or local political party or a candidate for election for State or local office). . (b) Effective Date The amendment made by subsection (a) shall apply with respect to elections occurring after January 1, 2015.
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113-hr-5642
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I 113th CONGRESS 2d Session H. R. 5642 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Reed introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Food and Nutrition Act of 2008 to modify the eligibility disqualification for certain convicted felons.
1. Amendments Section 6(r)(1) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 201(r)(1) ) is amended— (1) by striking subparagraph (B), (2) in subparagraph (A)— (A) in clause (v) by striking clause (i), (ii), or (iii) and inserting subparagraph (A), (B), or (C) , and (B) by redesignating clauses (i), (ii), (iii), (iv), and (v) as subparagraphs (A), (B), (C), (D), and (E), respectively, (3) by striking if_(A) and inserting if , and (4) by moving the left margin of subparagraphs (A), (B), (C), (D), and (E), as so redesignated, 2 ems to the left.
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113-hr-5643
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I 113th CONGRESS 2d Session H. R. 5643 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Reed (for himself and Mr. McIntyre ) 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 reauthorize the public safety and community policing grant program, and for other purposes.
1. Reauthorization of public safety and community policing grants Section 1101(a)(11) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(11)) is amended— (1) in subparagraph (A), by striking 2006 through 2009 and inserting 2015 through 2019 ; and (2) by amending subparagraph (B) to read as follows: (B) Of funds available under part Q in any fiscal year, not less than $30,000,000 shall be allocated for grants pursuant to applications submitted by units of local government or law enforcement agencies in order to carry out the purpose described in section 1701(b)(12). .
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113-hr-5644
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I 113th CONGRESS 2d Session H. R. 5644 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Reed (for himself, Ms. DeGette , and Mr. Whitfield ) 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 specify coverage of continuous glucose monitoring devices, and for other purposes.
1. Short title This Act may be cited as the Medicare CGM Access Act of 2014 . 2. Medicare coverage of continuous glucose monitoring devices (a) In general Section 1861 of the Social Security Act ( 42 U.S.C. 1395x ) is amended— (1) in subsection (s)(2)— (A) in subparagraph (EE), by striking and at the end; (B) in subparagraph (FF), by adding and ; and (C) by adding at the end the following new subparagraph: (GG) continuous glucose monitoring devices (as defined in subsection (iii)(1)) furnished to a CGM qualified individual (as defined in subsection (iii)(2)); ; and (2) by adding at the end the following new subsection: (iii) Continuous Glucose Monitoring Device; CGM qualified individual (1) (A) The term continuous glucose monitoring device means a class III medical device approved by the Food and Drug Administration that continuously monitors and trends glucose levels in body fluid. (B) Such term applies to such medical device— (i) as a stand-alone product; (ii) when integrated with an insulin pump; or (iii) as an integral component of any other medical device cleared or approved by the Food and Drug Administration, such as artificial pancreas device systems. (C) With respect to a continuous glucose monitoring device that is described in clause (ii) or (iii) of subparagraph (B), the Secretary shall treat an insulin pump or other medical device that has a continuous glucose monitoring device as an integrated or integral component as a single medical device. (D) Such term includes components, accessories, and supplies that are necessary and related to the operation of the class III medical device, such as sensors, transmitters, receivers, and requisite software. (2) The term CGM qualified individual means any of the following: (A) An individual with Type I diabetes— (i) who is following an intensive insulin treatment regimen that consists of 3 or more insulin injections per day or the use of a subcutaneous insulin infusion pump; (ii) subject to paragraph (3), whose attending physician certifies that the individual’s condition cannot be safely and effectively managed with self-monitoring of blood glucose; and (iii) who— (I) has been unable to achieve optimum glycemic control in accordance with evidence-based guidelines; or (II) has experienced hypoglycemia unawareness or frequent hypoglycemic episodes. (B) An individual not described in subparagraph (A) who meets such other medical criteria as the Secretary may specify for the furnishing of a continuous glucose monitoring device based on available medical evidence and taking into account any anticipated pathway to the development of artificial pancreas device systems. (C) An individual with diabetes who has been regularly using a continuous glucose monitoring device before becoming entitled to, or enrolling in, part A, or enrolling in part B, or both. (3) For purposes of a certification by an attending physician described in paragraph (2)(A)(ii), such certification shall not be required more frequently than once every 3 years. . (b) Payment (1) In general Section 1833(a)(1) of the Social Security Act ( 42 U.S.C. 1395l(a)(1) ) is amended— (A) by striking and before (Z) ; and (B) by inserting before the semicolon at the end the following: , and (AA) with respect to continuous glucose monitoring devices under section 1861(s)(2)(GG)), the amount paid shall be an amount equal to 80 percent of the amount determined under the fee schedule established under section 1834(r) . (2) Conforming amendment Section 1834 of the Social Security Act ( 42 U.S.C. 1395m ) is amended by adding at the end the following new subsection: (r) Fee schedule for continuous glucose monitoring devices (1) Establishment (A) In general With respect to continuous glucose monitoring devices (as defined in section 1861(iii)(1)) furnished during a year, the amount of payment under this part for such devices shall be determined under a fee schedule established by the Secretary in accordance with this subsection. (B) Clarification of application of fee schedule to devices having CGM as an integral component Payment shall be calculated and made under the fee schedule established under this subsection for any insulin pump or other medical device that has a continuous glucose monitoring device as an integrated or integral component. (2) Initial payment rate (A) In general With respect to each distinct type of continuous glucose monitoring device, the Secretary shall establish an initial payment rate under the fee schedule established under this subsection for the first year, which may be a partial year, during which payment may be made for such continuous glucose monitoring device under this part. (B) Data With respect to a continuous glucose monitoring device, the initial payment rate under subparagraph (A) shall— (i) reflect market rates for such device; and (ii) take into account the most recent available data on prices for such device. (C) Accounting for differences in functionalities among various CGM devices For purposes of the initial payment rates established under subparagraph (A), the Secretary shall establish a new HCPCS code for each distinct type of class III medical device cleared or approved by the Food and Drug Administration that includes a continuous glucose monitoring device, such as a medical device described in clause (ii) or (iii) of section 1861(iii)(1)(B). Such HCPCS codes shall distinguish among the different functionalities of such devices in a manner that reflects the classifications of the Food and Drug Administration in clearing or approving such devices. (3) Updates to payment rates With respect to each year beginning after the year, or partial year, referred to in paragraph (2)(A) during which an initial payment rate is established for a distinct continuous glucose monitoring device, the Secretary shall provide for annual updates to the payment rate under the fee schedule established under this subsection for each such device for the preceding year by the percentage increase in the consumer price index for all urban consumers (United States city average) for the 12-month period ending with June of the preceding year. (4) Adjustment for geographic variations The Secretary shall provide for adjustments to the payment rates under the fee schedule established under this subsection to take into account geographic variations in the prices of continuous glucose monitoring devices. . (c) Ensuring beneficiary access to appropriate components Section 1847(a) of the Social Security Act ( 42 U.S.C. 1395w–3(a) ) is amended by adding at the end the following new paragraph: (8) Ensuring beneficiary access to appropriate components (A) In general In carrying out the programs under this section with respect to glucose meters required for continuous glucose monitoring devices (as defined in section 1861(iii)(1)) that are furnished to CGM qualified individuals (as defined in section 1861(iii)(2)), the Secretary shall ensure that such CGM qualified individuals are furnished the brand of diabetic testing supplies (as defined in subparagraph (B)) that function with such continuous glucose monitoring devices, such as in the case where there is only one brand of glucose meter that is compatible with a particular continuous glucose monitoring device. (B) Definition In this paragraph, the term diabetic testing supplies means glucose meters and diabetic testing strips. . (d) Effective date; Rulemaking (1) Effective date The amendments made by this section shall apply to items and services furnished on or after January 1, 2015. (2) Rulemaking (A) In general The Secretary of Health and Human Services (in this paragraph referred to as the Secretary ) shall implement the amendments made by this section through notice and comment rulemaking. (B) Consultation As part of the rulemaking process under subparagraph (A), the Secretary shall consult with national organizations representing individuals with diabetes, physicians with relevant clinical expertise in endocrinology, and other relevant stakeholders to develop clinical criteria for the determination of whether an individual qualifies as having Type I diabetes under section 1861(iii)(2)(A) of the Social Security Act, as added by subsection (a)(2). Not later than 60 days after the date of enactment of this Act, the Secretary shall convene a meeting of those stakeholders to develop consensus recommendations for such clinical criteria. The Secretary shall take such recommendations into account in implementing the amendments made by this section.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5644ih/xml/BILLS-113hr5644ih.xml
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113-hr-5645
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I 113th CONGRESS 2d Session H. R. 5645 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Reichert (for himself, Mr. Larson of Connecticut , Mr. Neal , Mr. Paulsen , Mr. Tiberi , and Mr. Schock ) 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 private foundations from the tax on excess business holdings in the case of certain philanthropic enterprises which are independently supervised, and for other purposes.
1. Short title This Act may be cited as the Philanthropic Enterprise Act of 2014 . 2. Exception from private foundation excess business holding tax for certain philanthropic business holdings (a) In general Section 4943 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (g) Exception for certain philanthropic business holdings (1) In general Subsection (a) shall not apply with respect to the holdings of a private foundation in any business enterprise which for the taxable year meets— (A) the exclusive ownership requirements of paragraph (2), (B) the minimum distribution requirement of paragraph (3), and (C) the independent operation requirements of paragraph (4). (2) Exclusive ownership The exclusive ownership requirements of this paragraph are met if— (A) all ownership interests in the business enterprise are held by the private foundation at all times during the taxable year, and (B) all the private foundation’s ownership interests in the business enterprise were acquired under the terms of a will or trust upon the death of the testator or settlor, as the case may be. (3) Minimum distribution (A) In general The minimum distribution requirement of this paragraph is met if the business enterprise, not later than 120 days after the close of the taxable year, distributes an amount equal to its net operating income for such taxable year to the private foundation. (B) Net operating income For purposes of this paragraph, the net operating income of any business enterprise for any taxable year is an amount equal to the gross income of the business enterprise for the taxable year, reduced by the sum of— (i) the deductions allowed by chapter 1 for the taxable year which are directly connected with the production of such income, (ii) the tax imposed by chapter 1 on the business enterprise for the taxable year, and (iii) an amount for a reasonable reserve for working capital and other business needs of the business enterprise. (4) Independent operation The independent operation requirements of this paragraph are met if, at all times during the taxable year— (A) no substantial contributor (as defined in section 4958(c)(3)(C)) to the private foundation, or family member of such a contributor (determined under section 4958(f)(4)) is a director, officer, trustee, manager, employee, or contractor of the business enterprise (or an individual having powers or responsibilities similar to any of the foregoing), (B) at least a majority of the board of directors of the private foundation are not— (i) also directors or officers of the business enterprise, or (ii) members of the family (determined under section 4958(f)(4)) of a substantial contributor (as defined in section 4958(c)(3)(C)) to the private foundation, and (C) there is no loan outstanding from the business enterprise to a substantial contributor (as so defined) to the private foundation or a family member of such contributor (as so determined). (5) Certain deemed private foundations excluded This subsection shall not apply to— (A) any fund or organization treated as a private foundation for purposes of this section by reason of subsection (e) or (f), (B) any trust described in section 4947(a)(1) (relating to charitable trusts), and (C) any trust described in section 4947(a)(2) (relating to split-interest trusts). . (b) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. 3. Exception to unrelated business tax on specified payments from certain controlled entities (a) In general Paragraph (13) of section 512(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (G) Subparagraph not to apply to payments from certain philanthropic controlled entities Subparagraph (A) shall not apply to any payment not in excess of fair market value to a private foundation from an entity which is a business enterprise described in section 4943(g)(1) with respect to such foundation. . (b) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5645ih/xml/BILLS-113hr5645ih.xml
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113-hr-5646
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I 113th CONGRESS 2d Session H. R. 5646 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Reichert (for himself, Mr. Blumenauer , Mr. Thompson of California , Mr. Paulsen , Mr. Polis , and Mr. Walden ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To provide for duty-free treatment of certain recreational performance outerwear, and for other purposes.
1. Short title This Act may be cited as the United States Optimal Use of Trade to Develop Outerwear and Outdoor Recreation Act or the U.S. OUTDOOR Act . 2. Findings Congress finds the following: (1) The outdoor industry generates $646,000,000,000 in consumer spending annually and directly supports 6,000,000 jobs. (2) Outdoor activities are vitally important to the health and well-being of the people of the United States. (3) Duty rates on recreational performance apparel are among the highest duty rates imposed by the United States Government, with duties on some recreational performance apparel as high as 28.2 percent. (4) The duties currently imposed by the United States on recreational performance apparel were set in an era during which high rates of duty were intended to protect the production of other apparel in the United States, and before the technologies and innovations that create today's recreational performance apparel industry were developed. (5) In July 2007, the United States International Trade Commission confirmed, in USITC Publication 3937, that recreational performance apparel produced in the United States makes up less than 1 percent of the total recreational performance apparel market. (6) The elimination of duties on the importation of certain recreational performance apparel would provide an economic benefit to United States consumers of outdoor products and would promote increased participation in healthy and active lifestyles. 3. Knit apparel and accessories (a) Definitions The Additional U.S. Note to Chapter 61 of the Harmonized Tariff Schedule of the United States is amended— (1) in the heading, by striking Additional U.S. Note and inserting Additional U.S. Notes ; and (2) by adding at the end the following new notes: 2. (a) For purposes of this chapter, the term recreational performance outerwear means trousers (including, but not limited to, paddling pants, ski or snowboard pants, and ski or snowboard pants intended for sale as parts of ski-suits), coveralls and bib overalls, and jackets (including, but not limited to, full zip jackets, paddling jackets, ski jackets, and ski jackets intended for sale as parts of ski-suits), windbreakers, and similar articles (including padded, sleeveless jackets) composed of knit fabrics of cotton, wool, hemp, bamboo, silk, or manmade fiber, or a combination of such fibers, that are either water-resistant or treated with plastics, or both, with critically sealed seams, and with 5 or more of the following features: (i) Insulation for cold weather protection. (ii) Pockets, at least one of which has a zippered, hook and loop, or other type of closure. (iii) Elastic, drawcord, or other means of tightening around the waist or leg hems, including hidden leg sleeves with a means of tightening at the ankle for trousers and tightening around the waist or bottom hem for jackets. (iv) Venting, not including grommet(s). (v) Articulated elbows or knees. (vi) Reinforcement in one of the following areas: the elbows, shoulders, seat, knees, ankles, or cuffs. (vii) Weatherproof closure at the waist or front. (viii) Multi-adjustable hood or adjustable collar. (ix) Adjustable powder skirt, inner protective skirt, or adjustable inner protective cuff at sleeve hem. (x) Construction at the arm gusset that utilizes fabric, design, or patterning to allow radial arm movement. (xi) Odor control technology. The term recreational performance outerwear does not include occupational outerwear or garments with an outer surface of looped pile. (b) For purposes of this Note, the following terms have the following meanings: (i) The term water-resistant means that a garment must have a water resistance (see ASTM designations D 3779–81 and D 3781–79) such that, under a head pressure of 600 millimeters, not more than 1.0 gram of water penetrates after two minutes when tested in accordance with the current version of AATCC Test Method 35. The water resistance of the garment is the result of a rubber or plastics application to the outer shell, lining, or inner lining. (ii) The term treated with plastics refers to textile fabrics impregnated, coated, covered, or laminated with plastics, as described in Note 2 to chapter 59. (iii) The term sealed seams means seams that have been covered by means of taping, gluing, bonding, cementing, fusing, welding, or a similar process so that water cannot pass through the seams when tested in accordance with the current version of AATCC Test Method 35. (iv) The term critically sealed seams means— (A) for jackets, windbreakers, and similar articles (including padded, sleeveless jackets), sealed seams that are sealed at the front and back yokes, or at the shoulders, arm holes, or both, where applicable; and (B) for trousers, overalls and bib overalls and similar articles, sealed seams that are sealed at the front (up to the zipper or other means of closure) and back rise. (v) The term insulation for cold weather protection means insulation with either synthetic fill, down, a laminated thermal backing, or other lining for thermal protection from cold weather. (vi) The term venting refers to closeable or permanent constructed openings in a garment (excluding front, primary zipper closures and grommet(s)) to allow increased expulsion of built-up heat during outdoor activities. In a jacket, such openings are often positioned on the underarm seam of a garment but may also be placed along other seams in the front or back of a garment. In trousers, such openings are often positioned on the inner or outer leg seams of a garment but may also be placed along other seams in the front or back of a garment. (vii) The term articulated elbows or knees refers to the construction of a sleeve (or pant leg) to allow improved mobility at the elbow (or knee) through the use of extra seams, darts, gussets, or other means. (viii) The term reinforcement refers to the use of a double layer of fabric or section(s) of fabric that is abrasion-resistant or otherwise more durable than the face fabric of the garment. (ix) The term weatherproof closure means a closure (including, but not limited to, laminated or coated zippers, storm flaps, or other weatherproof construction) that has been reinforced or engineered in a manner to reduce the penetration or absorption of moisture or air through an opening in the garment. (x) The term multi-adjustable hood or adjustable collar means, in the case of a hood, a hood into which is incorporated two or more draw cords, adjustment tabs, or elastics, or, in the case of a collar, a collar into which is incorporated or at least one draw cord, adjustment tab, elastic, or similar component, to allow volume adjustments around a helmet, or the crown of the head, neck, or face. (xi) The terms adjustable powder skirt and inner protective skirt refer to a partial lower inner lining with means of tightening around the waist for additional protection from the elements. (xii) The term arm gusset means construction at the arm of a gusset that utilizes an extra fabric piece in the under arm usually diamond- or triangular-shaped, design, or pattern to allow radial arm movement. (xiii) The term radial arm movement refers to unrestricted, 180-degree range of motion for the arm while wearing performance outerwear. (xiv) The term odor control technology means the incorporation into a fabric or garment of materials, including, but not limited to, activated carbon, silver, copper, or any combination thereof, capable of adsorbing, absorbing, or reacting with human odors, or effective in reducing the growth of odor-causing bacteria. (xv) The term occupational outerwear means outerwear garments, including uniforms, designed or marketed for use in the workplace or at a worksite to provide durable protection from cold or inclement weather and/or workplace hazards, such as fire, electrical, abrasion, or chemical hazards, or impacts, cuts, punctures, or similar hazards. 3. For purposes of this chapter, the importer of record shall maintain internal import records that specify upon entry whether garments claimed as recreational performance outerwear have an outer surface that is water-resistant, treated with plastics, or a combination thereof, and shall further enumerate the specific features that make the garments eligible to be classified as recreational performance outerwear. . (b) Tariff classifications Chapter 61 of the Harmonized Tariff Schedule of the United States is amended as follows: (1) By striking subheading 6101.20.00 and inserting the following, with the article description for subheading 6101.20 having the same degree of indentation as the article description for subheading 6101.20.00 (as in effect on the day before the date of the enactment of this Act): 6101.20 Of cotton: 6101.20.05 Recreational performance outerwear Free 50% 6101.20.10 Other 15.9% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 50% . (2) By striking subheadings 6101.30.10 through 6101.30.20 and inserting the following, with the article description for subheading 6101.30.05 having the same degree of indentation as the article description for subheading 6101.30.10 (as in effect on the day before the date of the enactment of this Act): 6101.30.05 Recreational performance outerwear Free 35% Other: 6101.30.10 Containing 25 percent or more by weight of leather 5.6% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 5% (AU) 35% Other: 6101.30.15 Containing 23 percent or more by weight of wool or fine animal hair 38.6¢/kg + 10% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 77.2¢/kg + 54.5% 6101.30.20 Other 28.2% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 72% . (3) By striking subheadings 6101.90.05 through 6101.90.90 and inserting the following, with the article description for subheading 6101.90.01 having the same degree of indentation as the article description for subheading 6101.90.05 (as in effect on the day before the date of the enactment of this Act): 6101.90.01 Recreational performance outerwear Free 45% Other: 6101.90.05 Of wool or fine animal hair 61.7¢/kg + 16% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 8% (AU) 24.6¢/kg + 6.4% (OM) 77.2¢/kg + 54.5% 6101.90.10 Containing 70 percent or more by weight of silk or silk waste 0.9% Free (AU, BH, CA, CL, CO, E, IL, J, JO, KR, MA, MX, OM, P, PA, PE, SG) 45% 6101.90.90 Other 5.7% Free (BH, CA, CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 5.1% (AU) 45% . (4) By striking subheading 6102.10.00 and inserting the following, with the article description for subheading 6102.10 having the same degree of indentation as the article description for subheading 6102.10.00 (as in effect on the day before the date of the enactment of this Act): 6102.10 Of wool or fine animal hair: 6102.10.05 Recreational performance outerwear Free 68.3¢/kg + 54.5% 6102.10.10 Other 55.9¢/kg + 16.4% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 8% (AU) 22.3¢/kg + 6.5% (OM) 68.3¢/kg + 54.5% . (5) By striking subheading 6102.20.00 and inserting the following, with the article description for subheading 6102.20 having the same degree of indentation as the article description for subheading 6102.20.00 (as in effect on the day before the date of the enactment of this Act): 6102.20 Of cotton: 6102.20.05 Recreational performance outerwear Free 50% 6102.20.10 Other 15.9% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 50% . (6) By striking subheadings 6102.30.05 through 6102.30.20 and inserting the following, with the article description for subheading 6102.30.01 having the same degree of indentation as the article description for subheading 6102.30.05 (as in effect on the day before the date of the enactment of this Act): 6102.30.01 Recreational performance outerwear Free 35% Other: 6102.30.05 Containing 25 percent or more by weight of leather 5.3% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 4.7% (AU) 35% Other: 6102.30.10 Containing 23 percent or more by weight of wool or fine animal hair 64.4¢/kg + 18.8% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 68.3¢/kg + 54.5% 6102.30.20 Other 28.2% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 72% . (7) By striking subheadings 6102.90.10 and 6102.90.90 and inserting the following, with the article description for subheading 6102.90.05 having the same degree of indentation as the article description for subheading 6102.90.10 (as in effect on the day before the date of the enactment of this Act): 6102.90.05 Recreational performance outerwear Free 45% Other: 6102.90.10 Containing 70 percent or more by weight of silk or silk waste 0.9% Free (AU, BH, CA, CL, CO, E, IL, J, JO, KR, MA, MX, OM, P, PA, PE, SG) 45% 6102.90.90 Other 5.7% Free (BH, CA, CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 5.1% (AU) 45% . (8) By striking subheadings 6103.41.10 and 6103.41.20 and inserting the following, with the article description for subheading 6103.41.05 having the same degree of indentation as the article description for subheading 6103.41.10 (as in effect on the day before the date of the enactment of this Act): 6103.41.05 Recreational performance outerwear Free 77.2¢/kg + 54.5% Other: 6103.41.10 Trousers, breeches and shorts 61.1¢/kg + 15.8% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 8% (AU) 24.4¢/kg + 6.3% (OM) 77.2¢/kg + 54.5% 6103.41.20 Bib and brace overalls 13.6% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 8% (AU) 5.4% (OM) 54.5% . (9) By striking subheadings 6103.42.10 and 6103.42.20 and inserting the following, with the article description for subheading 6103.42.05 having the same degree of indentation as the article description for subheading 6103.42.10 (as in effect on the day before the date of the enactment of this Act): 6103.42.05 Recreational performance outerwear Free 45% Other: 6103.42.10 Trousers, breeches and shorts 16.1% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 45% 6103.42.20 Bib and brace overalls 10.3% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 90% . (10) By striking subheadings 6103.43.10 through 6103.43.20, and the superior text to subheading 6103.43.10, and inserting the following, with the article description for subheading 6103.43.05 having the same degree of indentation as the superior text to subheading 6103.43.10 (as in effect on the day before the date of the enactment of this Act): 6103.43.05 Recreational performance outerwear Free 77.2¢/kg + 54.5% Other: Trousers, breeches and shorts: 6103.43.10 Containing 23 percent or more by weight of wool or fine animal hair 58.5¢/kg + 15.2% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 77.2¢/kg + 54.5% 6103.43.15 Other 28.2% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 72% 6103.43.20 Bib and brace overalls 14.9% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 72% . (11) By striking subheadings 6103.49 through 6103.49.80 and inserting the following, with the article description for subheading 6103.49 having the same degree of indentation as the article description for subheading 6103.49 (as in effect on the day before the date of the enactment of this Act): 6103.49 Of other textile materials: Of artificial fibers: 6103.49.05 Recreational performance outerwear Free 72% Other: 6103.49.10 Trousers, breeches and shorts 28.2% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 72% 6103.49.20 Bib and brace overalls 13.6% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 72% 6103.49.40 Containing 70 percent or more by weight of silk or silk waste 0.9% Free (AU, BH, CA, CL, CO, E, IL, J, JO, KR, MA, MX, OM, P, PA, PE, SG) 35% 6103.49.80 Other 5.6% Free (BH, CA, CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 5% (AU) 35% . (12) By striking subheading 6104.61.00 and inserting the following, with the article description for subheading 6104.61 having the same degree of indentation as the article description for subheading 6104.61.00 (as in effect on the day before the date of the enactment of this Act): 6104.61 Of wool or fine animal hair: 6104.61.05 Recreational performance outerwear Free 54.5% 6104.61.10 Other 14.9% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 8% (AU) 5.9% (OM) 54.5% . (13) By striking subheadings 6104.62.10 and 6104.62.20 and inserting the following, with the article description for subheading 6104.62.05 having the same degree of indentation as the article description for subheading 6104.62.10 (as in effect on the day before the date of the enactment of this Act): 6104.62.05 Recreational performance outerwear Free 90% Other: 6104.62.10 Bib and brace overalls 10.3% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 90% 6104.62.20 Other 14.9% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 90% . (14) By striking subheadings 6104.63.10 through 6104.63.20 and inserting the following, with the article description for subheading 6104.63.05 having the same degree of indentation as the article description for subheading 6104.63.10 (as in effect on the day before the date of the enactment of this Act): 6104.63.05 Recreational performance outerwear Free 72% Other: 6104.63.10 Bib and brace overalls 14.9% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 72% Other: 6104.63.15 Containing 23 percent or more by weight of wool or fine animal hair 14.9% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 54.5% 6104.63.20 Other 28.2% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 72% . (15) By striking subheadings 6104.69 through 6104.69.80 and inserting the following, with the article description for subheading 6104.69 having the same degree of indentation as the article description for subheading 6104.69 (as in effect on the day before the date of the enactment of this Act): 6104.69 Of other textile materials: Of artificial fibers: 6104.69.05 Recreational performance outerwear Free 72% Other: 6104.69.10 Bib and brace overalls 13.6% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 72% 6104.69.20 Trousers, breeches and shorts 28.2% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 72% 6104.69.40 Containing 70 percent or more by weight of silk or silk waste 0.9% Free (AU, BH, CA, CL, CO, E, IL, J, JO, KR, MA, MX, OM, P, PA, PE, SG) 60% 6104.69.80 Other 5.6% Free (BH, CA, CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 5% (AU) 60% . (16) By striking subheadings 6112.20.10 and 6112.20.20 and inserting the following, with the article description for subheading 6112.20.05 having the same degree of indentation as the article description for subheading 6112.20.10 (as in effect on the day before the date of the enactment of this Act): 6112.20.05 Recreational performance outerwear Free 72% Other: 6112.20.10 Of man-made fibers 28.2% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 72% 6112.20.20 Other 8.3% Free (BH, CA, CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 7.4% (AU) 90% . (17) By striking subheadings 6113.00.10 and 6113.00.90 and inserting the following, with the article description for subheading 6113.00.05 having the same degree of indentation as the article description for subheading 6113.00.10 (as in effect on the day before the date of the enactment of this Act): 6113.00.05 Recreational performance outerwear Free 65% Other: 6113.00.10 Having an outer surface impregnated, coated, covered, or laminated with rubber or plastics material which completely obscures the underlying fabric 3.8% Free (AU, BH, CA, CL, CO, E, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 65% 6113.00.90 Other 7.1% Free (AU, BH, CA, CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 65% . (18) By striking subheading 6114.20.00 and inserting the following, with the article description for subheading 6114.20 having the same degree of indentation as the article description for subheading 6114.20.00 (as in effect on the day before the date of the enactment of this Act): 6114.20 Of cotton: 6114.20.05 Recreational performance outerwear Free 90% 6114.20.10 Other 10.8% Free (BH, CA, CL, CO, IL, JO, MA, MX, OM, P, PA, PE, SG) 8% (AU) 4.3% (KR) 90% . (19) By striking subheadings 6114.30.10 through 6114.30.30 and inserting the following, with the article description for subheading 6114.30.05 having the same degree of indentation as the article description for subheading 6114.30.10 (as in effect on the day before the date of the enactment of this Act): 6114.30.05 Recreational performance outerwear Free 90% Other: 6114.30.10 Tops 28.2% Free (BH, CA, CL, CO, IL, JO, MA, MX, OM, P, PA, PE, SG) 8% (AU) 19.7% (KR) 90% 6114.30.20 Bodysuits and bodyshirts 32% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 90% 6114.30.30 Other 14.9% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 90% . (20) By striking subheadings 6114.90.05 through 6114.90.90 and inserting the following, with the article description for subheading 6114.90.01 having the same degree of indentation as the article description for subheading 6114.90.05 (as in effect on the day before the date of the enactment of this Act): 6114.90.01 Recreational performance outerwear Free 90% Other: 6114.90.05 Of wool or fine animal hair 12% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 8% (AU) 4.8% (OM) 90% 6114.90.10 Containing 70 percent or more by weight of silk or silk waste 0.9% Free (AU, BH, CA, CL, CO, E, IL, J, JO, KR, MA, MX, OM, P, PA, PE, SG) 60% 6114.90.90 Other 5.6% Free (BH, CA, CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 5% (AU) 60% . 4. Apparel articles and accessories of other materials, not knitted or crocheted (a) Notes The Additional U.S. Notes to chapter 62 of the Harmonized Tariff Schedule of the United States are amended— (1) in Additional U.S. Note 2— (A) by striking For purposes of subheadings and all that follows through 6211.20.15 and inserting For purposes of this chapter ; (B) by striking garments classifiable in those subheadings and inserting a garment ; and (C) by striking D 3600-81 and inserting D3779–81 ; and (2) by adding at the end the following new notes: 3. (a) For purposes of this chapter, the term recreational performance outerwear means trousers (including, but not limited to, paddling pants, ski or snowboard pants, and ski or snowboard pants intended for sale as parts of ski-suits), coveralls and bib overalls, and jackets (including, but not limited to, full zip jackets, paddling jackets, ski jackets, and ski jackets intended for sale as parts of ski-suits), windbreakers, and similar articles (including padded, sleeveless jackets) composed of knit fabrics of cotton, wool, hemp, bamboo, silk, or manmade fiber, or a combination of such fibers, that are either water-resistant or treated with plastics, or both, with critically sealed seams, and with 5 or more of the following features: (i) Insulation for cold weather protection. (ii) Pockets, at least one of which has a zippered, hook and loop, or other type of closure. (iii) Elastic, drawcord, or other means of tightening around the waist or leg hems, including hidden leg sleeves with a means of tightening at the ankle for trousers and tightening around the waist or bottom hem for jackets. (iv) Venting, not including grommet(s). (v) Articulated elbows or knees. (vi) Reinforcement in one of the following areas: the elbows, shoulders, seat, knees, ankles, or cuffs. (vii) Weatherproof closure at the waist or front. (viii) Multi-adjustable hood or adjustable collar. (ix) Adjustable powder skirt, inner protective skirt, or adjustable inner protective cuff at sleeve hem. (x) Construction at the arm gusset that utilizes fabric, design, or patterning to allow radial arm movement. (xi) Odor control technology. The term recreational performance outerwear does not include occupational outerwear or garments with an outer surface of looped pile. (b) For purposes of this Note, the following terms have the following meanings: (i) The term water-resistant means that a garment must have a water resistance (see ASTM designations D 3779–81 and D 3781–79) such that, under a head pressure of 600 millimeters, not more than 1.0 gram of water penetrates after two minutes when tested in accordance with the current version of AATCC Test Method 35. The water resistance of the garment is the result of a rubber or plastics application to the outer shell, lining, or inner lining. (ii) The term treated with plastics refers to textile fabrics impregnated, coated, covered, or laminated with plastics, as described in Note 2 to chapter 59. (iii) The term sealed seams means seams that have been covered by means of taping, gluing, bonding, cementing, fusing, welding, or a similar process so that water cannot pass through the seams when tested in accordance with the current version of AATCC Test Method 35. (iv) The term critically sealed seams means— (A) for jackets, windbreakers, and similar articles (including padded, sleeveless jackets), sealed seams that are sealed at the front and back yokes, or at the shoulders, arm holes, or both, where applicable; and (B) for trousers, overalls and bib overalls and similar articles, sealed seams that are sealed at the front (up to the zipper or other means of closure) and back rise. (vi) The term insulation for cold weather protection means insulation with either synthetic fill, down, a laminated thermal backing, or other lining for thermal protection from cold weather. (vii) The term venting refers to closeable or permanent constructed openings in a garment (excluding front, primary zipper closures and grommet(s)) to allow increased expulsion of built-up heat during outdoor activities. In a jacket, such openings are often positioned on the underarm seam of a garment but may also be placed along other seams in the front or back of a garment. In trousers, such openings are often positioned on the inner or outer leg seams of a garment but may also be placed along other seams in the front or back of a garment. (viii) The term articulated elbows or knees refers to the construction of a sleeve (or pant leg) to allow improved mobility at the elbow (or knee) through the use of extra seams, darts, gussets, or other means. (ix) The term reinforcement refers to the use of a double layer of fabric or section(s) of fabric that is abrasion-resistant or otherwise more durable than the face fabric of the garment. (x) The term weatherproof closure means a closure (including, but not limited to, laminated or coated zippers, storm flaps, or other weatherproof construction) that has been reinforced or engineered in a manner to reduce the penetration or absorption of moisture or air through an opening in the garment. (xi) The term multi-adjustable hood or adjustable collar means, in the case of a hood, a hood into which is incorporated two or more draw cords, adjustment tabs, or elastics, or, in the case of a collar, a collar into which is incorporated at least one draw cord, adjustment tab, elastic, or similar component, to allow volume adjustments around a helmet, or the crown of the head, neck, or face. (xii) The terms adjustable powder skirt and inner protective skirt refer to a partial lower inner lining with means of tightening around the waist for additional protection from the elements. (xiii) The term arm gusset means construction at the arm of a gusset that utilizes an extra fabric piece in the under arm usually diamond- or triangular-shaped, design, or pattern to allow radial arm movement. (xiv) The term radial arm movement refers to unrestricted, 180-degree range of motion for the arm while wearing performance outerwear. (xv) The term odor control technology means the incorporation into a fabric or garment of materials, including, but not limited to, activated carbon, silver, copper, or any combination thereof, capable of adsorbing, absorbing, or reacting with human odors, or effective in reducing the growth of odor-causing bacteria. (xvi) The term occupational outerwear means outerwear garments, including uniforms, designed or marketed for use in the workplace or at a worksite to provide durable protection from cold or inclement weather and/or workplace hazards, such as fire, electrical, abrasion, or chemical hazards, or impacts, cuts, punctures, or similar hazards. (c) For purposes of this chapter, the importer of record shall maintain internal import records that specify upon entry whether garments claimed as recreational performance outerwear have an outer surface that is water-resistant, treated with plastics, or a combination thereof, and shall further enumerate the specific features that make the garments eligible to be classified as recreational performance outerwear. . (b) Tariff classifications Chapter 62 of the Harmonized Tariff Schedule of the United States is amended as follows: (1) By striking subheading 6201.11.00 and inserting the following, with the article description for subheading 6201.11 having the same degree of indentation as the article description for subheading 6201.11.00 (as in effect on the day before the date of the enactment of this Act): 6201.11 Of wool or fine animal hair: 6201.11.05 Recreational performance outerwear Free 52.9¢/kg + 58.5% 6201.11.10 Other 41¢/kg + 16.3% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 8% (AU) 16.4¢/kg + 6.5% (OM) 52.9¢/kg + 58.5% . (2) By striking subheadings 6201.12.10 and 6201.12.20 and inserting the following, with the article description for subheading 6201.12.05 having the same degree of indentation as the article description for subheading 6201.12.10 (as in effect on the day before the date of the enactment of this Act): 6201.12.05 Recreational performance outerwear Free 60% Other: 6201.12.10 Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down 4.4% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 3.9% (AU) 60% 6201.12.20 Other 9.4% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 90% . (3) By striking subheadings 6201.13.10 through 6201.13.40 and inserting the following, with the article description for subheading 6201.13.05 having the same degree of indentation as the article description for subheading 6201.13.10 (as in effect on the day before the date of the enactment of this Act): 6201.13.05 Recreational performance outerwear Free 60% Other: 6201.13.10 Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down 4.4% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 3.9% (AU) 60% Other: 6201.13.30 Containing 36 percent or more by weight of wool or fine animal hair 49.7¢/kg + 19.7% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 52.9¢/kg + 58.5% 6201.13.40 Other 27.7% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 90% . (4) By striking subheadings 6201.19.10 and 6201.19.90 and inserting the following, with the article description for subheading 6201.19.05 having the same degree of indentation as the article description for subheading 6201.19.10 (as in effect on the day before the date of the enactment of this Act): 6201.19.05 Recreational performance outerwear Free 35% Other: 6201.19.10 Containing 70 percent or more by weight of silk or silk waste Free 35% 6201.19.90 Other 2.8% Free (AU, BH, CA, CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 35% . (5) By striking subheadings 6201.91.10 and 6201.91.20 and inserting the following, with the article description for subheading 6201.91.05 having the same degree of indentation as the article description for subheading 6201.91.10 (as in effect on the day before the date of the enactment of this Act): 6201.91.05 Recreational performance outerwear Free 58.5% Other: 6201.91.10 Padded, sleeveless jackets 8.5% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 7.6% (AU) 3.4% (OM) 58.5% 6201.91.20 Other 49.7¢/kg + 19.7% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 8% (AU) 19.8¢/kg + 7.8% (OM) 52.9¢/kg + 58.5% . (6) By striking subheadings 6201.92.10 through 6201.92.20 and inserting the following, with the article description for subheading 6201.92.05 having the same degree of indentation as the article description for subheading 6201.92.10 (as in effect on the day before the date of the enactment of this Act): 6201.92.05 Recreational performance outerwear Free 60% Other: 6201.92.10 Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down 4.4% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 3.9% (AU) 60% Other: 6201.92.15 Water resistant 6.2% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 5.5% (AU) 37.5% 6201.92.20 Other 9.4% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 90% . (7) By striking subheadings 6201.93.10 through 6201.93.35 and inserting the following, with the article description for subheading 6201.93.05 having the same degree of indentation as the article description for subheading 6201.93.10 (as in effect on the day before the date of the enactment of this Act): 6201.93.05 Recreational performance outerwear Free 60% Other: 6201.93.10 Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down 4.4% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 3.9% (AU) 60% Other: 6201.93.20 Padded, sleeveless jackets 14.9% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 76% Other: 6201.93.25 Containing 36 percent or more by weight of wool or fine animal hair 49.5¢/kg + 19.6% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 52.9¢/kg + 58.5% Other: 6201.93.30 Water resistant 7.1% Free (BH,CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 6.3% (AU) 65% 6201.93.35 Other 27.7% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 90% . (8) By striking subheadings 6201.99.10 and 6201.99.90 and inserting the following, with the article description for subheading 6201.99.05 having the same degree of indentation as the article description for subheading 6201.99.10 (as in effect on the day before the date of the enactment of this Act): 6201.99.05 Recreational performance outerwear Free 35% Other: 6201.99.10 Containing 70 percent or more by weight of silk or silk waste Free 35% 6201.99.90 Other 4.2% Free (BH, CA, CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 3.7% (AU) 35% . (9) By striking subheading 6202.11.00 and inserting the following, with the article description for subheading 6202.11 having the same degree of indentation as the article description for subheading 6202.11.00 (as in effect on the day before the date of the enactment of this Act): 6202.11 Of wool or fine animal hair: 6202.11.05 Recreational performance outerwear Free 46.3¢/kg + 58.5% 6202.11.10 Other 41¢/kg + 16.3% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 8% (AU) 16.4¢/kg + 6.5% (OM) 46.3¢/kg + 58.5% . (10) By striking subheadings 6202.12.10 and 6202.12.20 and inserting the following, with the article description for subheading 6202.12.05 having the same degree of indentation as the article description for subheading 6202.12.10 (as in effect on the day before the date of the enactment of this Act): 6202.12.05 Recreational performance outerwear Free 60% Other: 6202.12.10 Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down 4.4% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 3.9% (AU) 60% 6202.12.20 Other 8.9% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 90% . (11) By striking subheadings 6202.13.10 through 6202.13.40 and inserting the following, with the article description for subheading 6202.13.05 having the same degree of indentation as the article description for subheading 6202.13.10 (as in effect on the day before the date of the enactment of this Act): 6202.13.05 Recreational performance outerwear Free 60% Other: 6202.13.10 Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down 4.4% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 3.9% (AU) 60% Other: 6202.13.30 Containing 36 percent or more by weight of wool or fine animal hair 43.5¢/kg + 19.7% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 46.3¢/kg + 58.5% 6202.13.40 Other 27.7% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 90% . (12) By striking subheadings 6202.19.10 and 6202.19.90 and inserting the following, with the article description for subheading 6202.19.05 having the same degree of indentation as the article description for subheading 6202.19.10 (as in effect on the day before the date of the enactment of this Act): 6202.19.05 Recreational performance outerwear Free 35% Other: 6202.19.10 Containing 70 percent or more by weight or silk or silk waste Free 35% 6202.19.90 Other 2.8% Free (AU, BH, CA, CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 35% . (13) By striking subheadings 6202.91.10 and 6202.91.20 and inserting the following, with the article description for subheading 6202.91.05 having the same degree of indentation as the article description for subheading 6202.91.10 (as in effect on the day before the date of the enactment of this Act): 6202.91.05 Recreational performance outerwear Free 58.5% Other: 6202.91.10 Padded, sleeveless jackets 14% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 8% (AU) 5.6% (OM) 58.5% 6202.91.20 Other 36¢/kg + 16.3% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 8% (AU) 14.4¢/kg + 6.5% (OM) 46.3¢/kg + 58.5% . (14) By striking subheadings 6202.92.10 through 6202.92.20 and inserting the following, with the article description for subheading 6202.92.05 having the same degree of indentation as the article description for subheading 6202.92.10 (as in effect on the day before the date of the enactment of this Act): 6202.92.05 Recreational performance outerwear Free 60% Other: 6202.92.10 Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down 4.4% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 3.9% (AU) 60% Other: 6202.92.15 Water resistant 6.2% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 5.5% (AU) 37.5% 6202.92.20 Other 8.9% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 90% . (15) By striking subheadings 6202.93.10 through 6202.93.50 and inserting the following, with the article description for subheading 6202.93.05 having the same degree of indentation as the article description for subheading 6202.93.10 (as in effect on the day before the date of the enactment of this Act): 6202.93.05 Recreational performance outerwear Free 60% Other: 6202.93.10 Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down 4.4% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 3.9% (AU) 60% Other: 6202.93.20 Padded, sleeveless jackets 14.9% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 76% Other: 6202.93.40 Containing 36 percent or more by weight of wool or fine animal hair 43.4¢/kg + 19.7% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 46.3¢/kg + 58.5% Other: 6202.93.45 Water resistant 7.1% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 6.3% (AU) 65% 6202.93.50 Other 27.7% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 90% . (16) By striking subheadings 6202.99.10 and 6202.99.90 and inserting the following, with the article description for subheading 6202.99.05 having the same degree of indentation as the article description for subheading 6202.99.10 (as in effect on the day before the date of the enactment of this Act): 6202.99.05 Recreational performance outerwear Free 35% Other: 6202.99.10 Containing 70 percent or more by weight or silk or silk waste Free 35% 6202.99.90 Other 2.8% Free (AU, BH, CA, CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 35% . (17) By striking subheadings 6203.41 and 6203.41.05, and the superior text to subheading 6203.41.05, and inserting the following, with the article description for subheading 6203.41 having the same degree of indentation as the article description for subheading 6203.41 (as in effect on the day before the date of the enactment of this Act): 6203.41 Of wool or fine animal hair: 6203.41.05 Recreational performance outerwear Free 52.9¢/kg + 58.5% Trousers, breeches, and shorts: 6203.41.10 Trousers, breeches, or shorts containing elastomeric fiber, water resistant, without beltloops, weighing more than 9 kg per dozen 7.6% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 6.8% (AU) 3% (OM) 52.9¢/kg + 58.5% . (18) By striking subheadings 6203.42.10 through 6203.42.40 and inserting the following, with the article description for subheading 6203.42.05 having the same degree of indentation as the article description for subheading 6203.42.10 (as in effect on the day before the date of the enactment of this Act): 6203.42.05 Recreational performance outerwear Free 60% Other: 6203.42.10 Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down Free 60% Other: 6203.42.20 Bib and brace overalls 10.3% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 90% 6203.42.40 Other 16.6% Free (BH, CA, CL, CO, IL, JO, MA, MX, OM, P, PA, PE, SG) 8% (AU) 11.6% (KR) 90% . (19) By striking subheadings 6203.43.10 through 6203.43.40 and inserting the following, with the article description for subheading 6203.43.05 having the same degree of indentation as the article description for subheading 6203.43.10 (as in effect on the day before the date of the enactment of this Act): 6203.43.05 Recreational performance outerwear Free 60% Other: 6203.43.10 Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down Free 60% Other: Bib and brace overalls: 6203.43.15 Water resistant 7.1% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 6.3% (AU) 65% 6203.43.20 Other 14.9% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 76% Other: 6203.43.25 Certified hand-loomed and folklore products 12.2% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 76% Other: 6203.43.30 Containing 36 percent or more by weight of wool or fine animal hair 49.6¢/kg + 19.7% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 52.9¢/kg + 58.5% Other: 6203.43.35 Water resistant trousers or breeches 7.1% Free (BH, CA, CL, CO, IL, JO, MA, MX, P, PA, PE, SG) 6.3% (AU) 2.8% (KR) 65% 6203.43.40 Other 27.9% Free (BH, CA, CL, CO, IL, JO, MA, MX, OM, P, PA, PE, SG) 8% (AU) 11.1% (KR) 90% . (20) By striking subheadings 6203.49 through 6203.49.80 and inserting the following, with the article description for subheading 6203.49 having the same degree of indentation as the article description for subheading 6203.49 (as in effect on the day before the date of the enactment of this Act): 6203.49 Of other textile materials: 6203.49.05 Recreational performance outerwear Free 76% Other: Of artificial fibers: 6203.49.10 Bib and brace overalls 8.5% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 7.6% (AU) 76% Trousers, breeches and shorts: 6203.49.15 Certified hand-loomed and folklore products 12.2% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 76% 6203.49.20 Other 27.9% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 90% 6203.49.40 Containing 70 percent or more by weight of silk or silk waste Free 35% 6203.49.80 Other 2.8% Free (AU, BH, CA, CL, CO, E*, IL, JO, MA, MX, OM, P, PA, PE, SG) 1.1% (KR) 35% . (21) By striking subheadings 6204.61.10 and 6204.61.90 and inserting the following, with the article description for subheading 6204.61.05 having the same degree of indentation as the article description for subheading 6204.61.10 (as in effect on the day before the date of the enactment of this Act): 6204.61.05 Recreational performance outerwear Free 58.5% Other: 6204.61.10 Trousers and breeches, containing elastomeric fiber, water resistant, without belt loops, weighing more than 6 kg per dozen 7.6% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 3% (OM) 6.8% (AU) 58.5% 6204.61.90 Other 13.6% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 5.4% (OM) 8% (AU) 58.5% . (22) By striking subheadings 6204.62.10 through 6204.62.40 and inserting the following, with the article description for subheading 6204.62.05 having the same degree of indentation as the article description for subheading 6204.62.10 (as in effect on the day before the date of the enactment of this Act): 6204.62.05 Recreational performance outerwear Free 60% Other: 6204.62.10 Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down Free 60% Other: 6204.62.20 Bib and brace overalls 8.9% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 90% Other: 6204.62.30 Certified hand-loomed and folklore products 7.1% Free (BH, CA, CL, CO, E, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 6.3% (AU) 37.5% 6204.62.40 Other 16.6% Free (BH, CA, CL, CO, IL, JO, MA, MX, OM, P, PA, PE, SG) 8% (AU) 11.6% (KR) 90% . (23) By striking subheadings 6204.63.10 through 6204.63.35 and inserting the following, with the article description for subheading 6204.63.05 having the same degree of indentation as the article description for subheading 6204.63.10 (as in effect on the day before the date of the enactment of this Act): 6204.63.05 Recreational performance outerwear Free 60% Other: 6204.63.10 Containing 15 percent or more by weight of down and waterfowl plumage and of which down comprises 35 percent or more by weight; containing 10 percent or more by weight of down Free 60% Other: Bib and brace overalls: 6204.63.12 Water resistant 7.1% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 6.3% (AU) 65% 6204.63.15 Other 14.9% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 76% Other: 6204.63.20 Certified hand-loomed and folklore products 11.3% Free (BH, CA, CL, CO, E, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 76% Other: 6204.63.25 Containing 36 percent or more by weight of wool or fine animal hair 13.6% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 58.5% Other: 6204.63.30 Water resistant trousers or breeches 7.1% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 6.3% (AU) 65% 6204.63.35 Other 28.6% Free (BH, CA, CL, CO, IL, JO, MA, MX, OM, P, PA, PE, SG) 8% (AU) 11.4% (KR) 90% . (24) By striking subheadings 6204.69 through 6204.69.90 and inserting the following, with the article description for subheading 6204.69 having the same degree of indentation as the article description for subheading 6204.69 (as in effect on the day before the date of the enactment of this Act): 6204.69 Of other textile materials: 6204.69.05 Recreational performance outerwear Free 76% Other: Of artificial fibers: 6204.69.10 Bib and brace overalls 13.6% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 76% Trousers, breeches and shorts: 6204.69.20 Containing 36 percent or more by weight of wool or fine animal hair 13.6% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 58.5% 6204.69.25 Other 28.6% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 8% (AU) 90% Of silk or silk waste: 6204.69.40 Containing 70 percent or more by weight of silk waste 1.1% Free (AU, BH, CA, CL, CO, E, IL, J, JO, KR, MA, MX, OM, P, PA, PE, SG) 65% 6204.69.60 Other 7.1% Free (BH, CA, CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 6.3% (AU) 65% 6204.69.90 Other 2.8% Free (AU, BH, CA, CL, CO, E*, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 35% . (25) By striking subheading 6211.32.00 and inserting the following, with the article description for subheading 6211.32 having the same degree of indentation as the article description for subheading 6211.32.00 (as in effect on the day before the date of the enactment of this Act): 6211.32 Of cotton: 6211.32.05 Recreational performance outerwear Free 90% 6211.32.10 Other 8.1% Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 90% . (26) By striking subheading 6211.33.00 and inserting the following, with the article description for subheading 6211.33 having the same degree of indentation as the article description for subheading 6211.33.00 (as in effect on the day before the date of the enactment of this Act): 6211.33 Of man-made fibers: 6211.33.05 Recreational performance outerwear Free 76% 6211.33.10 Other 16% Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 6.4% (OM) 76% . (27) By striking subheadings 6211.39 and 6211.39.05 and inserting the following, with the article description for subheading 6211.39 having the same degree of indentation as the article description for subheading 6211.39 (as in effect on the day before the date of the enactment of this Act): 6211.39 Of other textile materials: 6211.39.04 Recreational performance outerwear Free 58.5% 6211.39.08 Of wool or fine animal hair 12% Free (AU, BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 4.8% (OM) 58.5% . (28) By striking subheading 6211.42.00 and inserting the following, with the article description for subheading 6211.42 having the same degree of indentation as the article description for subheading 6211.42.00 (as in effect on the day before the date of the enactment of this Act): 6211.42 Of cotton: 6211.42.05 Recreational performance outerwear Free 90% 6211.42.10 Other 8.1% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, OM, P, PA, PE, SG) 7.2% (AU) 90% . (29) By striking subheading 6211.43.00 and inserting the following, with the article description for subheading 6211.43 having the same degree of indentation as the article description for subheading 6211.43.00 (as in effect on the day before the date of the enactment of this Act): 6211.43 Of man-made fibers: 6211.43.05 Recreational performance outerwear Free 90% 6211.43.10 Other 16% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 8% (AU) 6.4% (OM) 90% . (30) By striking subheadings 6211.49.10 through 6211.49.90 and inserting the following, with the article description for subheading 6211.49.05 having the same degree of indentation as the article description for subheading 6211.49.10 (as in effect on the day before the date of the enactment of this Act): 6211.49.05 Recreational performance outerwear Free 35% Other: 6211.49.10 Containing 70 percent or more by weight or silk or silk waste 1.2% Free (AU, BH, CA, CL, CO, E, IL, J, JO, KR, MA, MX, OM, P, PA, PE, SG) 35% 6211.49.41 Of wool or from animal hair 12% Free (BH, CA, CL, CO, IL, JO, KR, MA, MX, P, PA, PE, SG) 4.8% (OM) 8% (AU) 58.5% 6211.49.90 Other 7.3% Free (BH, CA, CL, CO, E, IL, J, JO, MA, MX, OM, P, PA, PE, SG) 6.5% (AU) 2.9% (KR) 35% . 5. Staged rate reductions Any staged reduction of a rate of duty proclaimed by the President before the effective date of this Act, that— (1) would take effect after such effective date, and (2) would, but for an amendment made by this Act, apply to a subheading of the Harmonized Tariff Schedule of the United States amended by this Act, applies to the corresponding rate of duty set forth in such amendment. 6. Effective date This Act and the amendments made by this Act shall— (1) take effect on the 15th day after the date of the enactment of this Act; and (2) apply to articles entered, or withdrawn from warehouse for consumption, on or after such day.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5646ih/xml/BILLS-113hr5646ih.xml
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113-hr-5647
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I 113th CONGRESS 2d Session H. R. 5647 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Ms. Ros-Lehtinen (for herself, Mr. Perry , Mr. Yoho , and Mr. DeSantis ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To promote transparency, accountability, and reform within the United Nations Relief and Works Agency for Palestine Refugees in the Near East, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the UNRWA Anti-Terrorism Act . (b) Table of contents The table of contents is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. United States contributions to UNRWA. Sec. 4. Sense of Congress. 2. Findings Congress makes the following findings: (1) The total annual budget of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), including its core programs, emergency activities, and special projects, exceeds $1,400,000,000. (2) The United States has long been the largest single contributing country to UNRWA. (3) From 1950 to 2014, the United States has contributed almost $5,000,000,000 to UNRWA, including an average of over $260,000,000 per year between fiscal years 2009 and 2014. (4) UNRWA staff unions, including the teachers’ union, are frequently controlled by members affiliated with Hamas. (5) The curriculum of UNRWA schools, which has been known to use the textbooks of their respective host governments or authorities, has a history of containing materials that are anti-Israel, anti-Semitic, and supporting violent extremism. (6) Despite UNRWA’s contravention of United States law and activities that compromise its strictly humanitarian mandate, UNRWA continues to receive United States contributions, including $294,000,000 in fiscal year 2013 and over $250,000,000 in just the first 6 months of 2014. (7) Assistance from the United States and other responsible nations allows UNRWA to claim that criticisms of the agency’s behavior are unfounded. UNRWA spokesman Christopher Gunness has dismissed concerns by stating that, If these baseless allegations were even halfway true, do you really think the U.S. and [European Commission] would give us hundreds of millions of dollars per year? . (8) Former UNRWA general counsel James Lindsay noted in a 2009 report the following: (A) The United States, despite funding nearly 75 percent of UNRWA’s national budget and remaining its largest single country donor, has mostly failed to make UNRWA reflect U.S. foreign policy objectives . . . Recent U.S. efforts to shape UNRWA appear to have been ineffective . . . . (B) [T]he United States is not obligated to fund agencies that refuse to check its rolls for individuals their donors do not wish to support. . (C) A number of changes in UNRWA could benefit the refugees, the Middle East, and the United States, but those changes will not occur unless the United States, ideally with support from UNRWA’s other main financial supporter, the European Union, compels the agency to enact reforms. . (D) If the [UNRWA commissioner-general’s] power is used in ways that are conflict with the donors’ political objectives, it is up to the donors to take the necessary actions to ensure that their interests are respected. When they have done so, UNRWA—given the tight financial leash it has been on for most of its existence—has tended to follow their dictates, even if sometimes slowly. . (9) During Israel’s Operation Protective Edge in 2014 in response to Hamas rocket attacks against Israel, UNRWA’s Commissioner General gave a press briefing ignoring the extraordinary efforts Israel goes to avoid civilian casualties, and not once in the nearly 1,100 word statement mentioning Hamas or condemning Hamas’ use of Palestinian children, women, and men as human shields in violation of international humanitarian law. (10) On July 16, 2014, UNRWA reported that it had found 20 missiles in one of its schools in Gaza, likely placed there by Hamas, and then instead of dismantling the missiles, UNRWA returned them to the relevant authorities in Gaza, and since Hamas controls Gaza, it likely turned them back over to Hamas. (11) On July 22, 2014, UNRWA reported that it had found a second instance in which missiles were stockpiled in one of its schools in Gaza, and again failed to condemn Hamas publicly. (12) On July 29, 2014, UNRWA confirmed that, for the third time in less than a month, a stockpile of Hamas rockets was found in one of its schools in Gaza, establishing a pattern of Hamas weapons being stored in UNRWA facilities, and calling into question UNRWA’s claim of being caught unawares to Hamas’ actions. (13) On July 30, 2014, three Israeli Defense Force soldiers were killed in an explosion at a booby-trapped UNRWA health clinic, which was housing the opening to one of Hamas’ underground tunnels. (14) On July 30, 2014, John Ging, head of UNRWA from 2006–2011, when asked if Hamas has been using human shields and using United Nations schools and hospitals to store weapons and as a shelter from which to launch missiles into Israel, stated in an interview, Yes, the armed groups are firing their rockets into Israel from the vicinity of UN facilities and residential areas. Absolutely. . (15) During Operation Protective Edge in Gaza, UNRWA repeatedly distorted the facts and accused Israel of targeting Palestinian women and children based off of the casualty numbers provided to it by Gaza’s Hamas-run Health Ministry, which has been shown to have deliberately lied about the casualty numbers. 3. United States contributions to UNRWA Section 301 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2221 ) is amended by striking subsection (c) and inserting the following new subsection: (c) (1) Withholding Contributions by the United States to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), to any successor or related entity, or to the regular budget of the United Nations for the support of UNRWA or a successor entity (through staff positions provided by the United Nations Secretariat or otherwise), may be provided only during a period for which a certification described in paragraph (2) is in effect. (2) Certification A certification described in this paragraph is a written determination by the Secretary of State, based on all information available after diligent inquiry, and transmitted to the appropriate congressional committees along with a detailed description of the factual basis therefore, that— (A) no official, employee, consultant, contractor, subcontractor, representative, or affiliate of UNRWA— (i) is a member of a foreign terrorist organization; (ii) has propagated, disseminated, or incited anti-American, anti-Israel, or anti-Semitic rhetoric or propaganda; or (iii) has used any UNRWA resources, including publications or Web sites, to propagate or disseminate political materials, including political rhetoric regarding the Israeli-Palestinian conflict; (B) no UNRWA school, hospital, clinic, other facility, or other infrastructure or resource is being used by a foreign terrorist organization for operations, planning, training, recruitment, fundraising, indoctrination, communications, sanctuary, storage of weapons or other materials, or as an access point to any underground tunnel network, or any other purposes; (C) UNRWA is subject to comprehensive financial audits by an internationally recognized third party independent auditing firm and has implemented an effective system of vetting and oversight to prevent the use, receipt, or diversion of any UNRWA resources by any foreign terrorist organization or members thereof; (D) no UNRWA-funded school or educational institution uses textbooks or other educational materials that propagate or disseminate anti-American, anti-Israel, or anti-Semitic rhetoric, propaganda or incitement; (E) no recipient of UNRWA funds or loans is a member of a foreign terrorist organization; and (F) UNRWA holds no accounts or other affiliations with financial institutions that the United States deems or believes to be complicit in money laundering and terror financing. (3) Definitions In this section: (A) Appropriate congressional committees The term appropriate congressional committees means— (i) the Committee on Foreign Affairs, the Committee on Appropriations, and the Committee on Oversight and Government Reform of the House of Representatives; and (ii) the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on Homeland Security and Governmental Affairs of the Senate. (B) Foreign terrorist organization The term foreign terrorist organization means an organization designated as a foreign terrorist organization by the Secretary of State in accordance with section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)). (4) Effective duration of certification The certification described in paragraph (2) shall be effective for a period of 180 days from the date of transmission to the appropriate congressional committees, or until the Secretary receives information rendering that certification factually inaccurate, whichever is earliest. In the event that a certification becomes ineffective, the Secretary shall promptly transmit to the appropriate congressional committees a description of any information that precludes the renewal or continuation of the certification. (5) Limitation During a period for which a certification described in paragraph (2) is in effect, the United States may not contribute to UNRWA or a successor entity an amount on an annual basis that— (A) is greater than the highest annual contribution to UNRWA made by a member country of the League of Arab States for the same year; (B) as a proportion of the total UNRWA budget, exceeds the proportion of the total budget for the United Nations High Commissioner for Refugees (UNHCR) paid by the United States; or (C) exceeds 22 percent of the total budget of UNRWA . 4. Sense of Congress It is the sense of Congress that— (1) the President and the Secretary of State should lead a high-level diplomatic effort to encourage other responsible nations to withhold contributions to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), to any successor or related entity, or to the regular budget of the United Nations for the support of UNRWA or a successor entity (through staff positions provided by the United Nations Secretariat or otherwise) until UNRWA has met the conditions listed in subparagraphs (A) through (F) of section 301(c)(2) of the Foreign Assistance Act of 1961 (as added by section 2 of this Act); (2) citizens of recognized states should be removed from UNRWA’s jurisdiction; (3) UNRWA’s definition of a Palestine refugee should be changed to that used for a refugee by the Office of the United Nations High Commissioner for Refugees; and (4) in order to alleviate the suffering of Palestinian refugees, responsibility for those refugees should be fully transferred to the Office of the United Nations High Commissioner for Refugees.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5647ih/xml/BILLS-113hr5647ih.xml
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113-hr-5648
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I 113th CONGRESS 2d Session H. R. 5648 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Ms. Ros-Lehtinen introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To improve defense cooperation between the United States and the Hashemite Kingdom of Jordan.
1. Short title This Act may be cited as the United States-Jordan Defense Cooperation Act of 2014 . 2. Findings Congress makes the following findings: (1) From the $2,400,000,000 in total United States multilateral funding for the Syrian humanitarian crisis, the United States Government has provided $268,000,000 to the Hashemite Kingdom of Jordan. (2) As of August 2014, the United Nations High Commissioner for Refugees estimates there are more than 600,000 registered Syrian refugees in Jordan. (3) Jordan estimates that more than 800,000 unregistered refugees are in Jordan living outside of refugee camps, assimilated into local communities, which would bring the total to approximately 1,400,000 Syrian refugees in Jordan. (4) In February 2014, President Obama announced that the United States and Jordan will renew the non-binding memorandum of understanding that was signed in 2008 to provide assistance to Jordan over a 5-year period that reinforces the commitment to broaden cooperation and dialogue between the two countries in a variety of areas. (5) In 2000, the United States and Jordan signed a free-trade agreement that went into force in 2001. (6) In 1996, the United States granted Jordan major non-NATO ally status. (7) Jordan is suffering from the Syrian refugee crisis and the threat of the Islamic State of Iraq and the Levant (ISIL). (8) The Government of Jordan was elected as a non-permanent member of the United Nations Security Council beginning in January 2014 and terminating in December 2015. (9) Enhanced support for defense cooperation with Jordan is important to the national security of the United States, including through creation of a status in law for Jordan similar to the countries in the North Atlantic Treaty Organization, Japan, Australia, the Republic of Korea, Israel, and New Zealand, with respect to consideration by Congress of foreign military sales to Jordan. 3. Statement of policy It should be the policy of the United States to support the Hashemite Kingdom of Jordan in its response to the Syrian refugee crisis, provide necessary assistance to alleviate the domestic burden to provide basic needs for the assimilated Syrian refugees, cooperate with Jordan to combat the terrorist threat from the Islamic State of Iraq and the Levant (ISIL) or other terrorist organizations, and help secure the border between Jordan and its neighbors Syria and Iraq. 4. Sense of Congress It is the sense of Congress that expeditious consideration of certifications of letters of offer to sell defense articles, defense services, design and construction services, and major defense equipment to the Hashemite Kingdom of Jordan under section 36(b) of the Arms Export Control Act ( 22 U.S.C. 2776(b) ) is fully consistent with United States security and foreign policy interests and the objectives of world peace and security. 5. Amendments to Arms Export Control Act The Arms Export Control Act ( 22 U.S.C. 2751 et seq. ) is amended— (1) in section 3 ( 22 U.S.C. 2753 )— (A) in subsection (b)(2), by inserting the Government of Jordan, before or the Government of New Zealand ; and (B) in subsection (d)— (i) in paragraph (2)(B), by inserting Jordan, before or New Zealand ; (ii) in paragraph (3)(A)(i), by inserting Jordan, before or New Zealand ; and (iii) in paragraph (5), by inserting Jordan, before or New Zealand ; (2) in section 21 ( 22 U.S.C. 2761 )— (A) in subsection (e)(2)(A), by inserting Jordan, before or New Zealand ; and (B) in subsection (h)— (i) in paragraph (1)(A), by inserting Jordan, before or Israel ; and (ii) in paragraph (2), by inserting Jordan, before or Israel both places it appears; (3) in section 36 ( 22 U.S.C. 2776 )— (A) in subsection (b)— (i) in paragraph (1), by inserting Jordan, before or New Zealand ; (ii) in paragraph (2), by inserting Jordan, before or New Zealand ; and (iii) in paragraph (6), by inserting Jordan, before or New Zealand ; (B) in subsection (c), by inserting Jordan, before or New Zealand both places it appears; and (C) in subsection (d)(2)(A), by inserting Jordan, before or New Zealand ; (4) in section 62(c)(1) ( 22 U.S.C. 2796a(c)(1) ), by inserting Jordan, before or New Zealand ; and (5) in section 63(a)(2) ( 22 U.S.C. 2796b(a)(2) ), by inserting Jordan, before or New Zealand . 6. Amendment to Foreign Assistance Act of 1961 Section 656(a)(2) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2416(a)(2) ) by inserting Jordan, before or New Zealand . 7. Memorandum of understanding (a) In general The Secretary of State is authorized, subject to the availability of appropriations, to enter into a Memorandum of Understanding with Jordan to increase military cooperation, including joint military exercises, personnel exchanges, support for international peacekeeping missions, and enhanced strategic dialogue. (b) Authorization of appropriations There is authorized to be appropriated to carry out subsection (a) not less than $1,000,000,000 for each of the fiscal years 2015 through 2019. 8. Foreign Military Financing program Amounts made available under the Foreign Military Financing (FMF) program estimated to be outlayed for Jordan during each of the fiscal years 2015 through 2019 shall be disbursed to an interest-bearing account for Jordan in the Federal Reserve Bank of New York not later than 30 days of the date of the enactment of this Act provided that— (1) withdrawal of funds from such account shall be made only on authenticated instructions from the Defense Finance and Accounting Service of the Department of Defense; (2) in the event such account is closed, the balance of the account shall be transferred promptly to the appropriations account for the Foreign Military Financing Program; and (3) none of the interest accrued by such account should be obligated unless the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives and the Committee on Appropriations and the Committee on Foreign Relations of the Senate are notified.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5648ih/xml/BILLS-113hr5648ih.xml
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113-hr-5649
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I 113th CONGRESS 2d Session H. R. 5649 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Ms. Ros-Lehtinen (for herself, Mr. Perry , Mr. Yoho , and Mr. DeSantis ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To promote transparency, accountability, and reform within the United Nations Human Rights Council, and for other purposes.
1. Short title This Act may be cited as the United Nations Human Rights Council Accountability Act . 2. Findings Congress makes the following findings: (1) Since its establishment in 2006, the United Nations Human Rights Council has failed to meaningfully promote the protection of internationally recognized human rights. (2) The United Nations Human Rights Council suffers from fundamental and severe structural flaws since it draws its members from the United Nations General Assembly without any substantive membership criteria, with the perverse result that a number of the world’s worst human rights abusers are members of the council. (3) For example, more than half of the members of the United Nations Human Rights Council are rated Not Free or only Partly Free by Freedom House in its 2014 Freedom in the World report. Only a minority of members were rated Free . (4) Current membership on the United Nations Human Rights Council includes some of the world’s worst violators, including China, Congo, Cuba, Kazakhstan, Pakistan, Russia, Saudi Arabia, Venezuela, Vietnam, and others. (5) The United Nations Human Rights Council’s agenda contains a permanent item for criticism of the democratic, Jewish State of Israel, but no permanent items criticizing any other state or non-state actor. (6) Since 2006, the United Nations Human Rights Council has a largely disproportionate number of resolutions focused on criticizing Israel. (7) Since 2006, the United Nations Human Rights Council has held 22 special sessions to address dire and critical humanitarian crises throughout the world, with 7 focused on criticizing Israel, more than any other two nations combined, despite the fact that the United Nations currently has declared four of the world’s humanitarian crises (Syria, Iraq, South Sudan and the Central African Republic) a Level 3 , its highest designation. (8) On July 23, 2014, the United Nations Human Rights Council adopted a resolution to investigate purported violations of international humanitarian and human rights laws in Gaza and the West Bank. The resolution contained over 1,700 words criticizing Israel for supposed human rights violations in Gaza, yet does not mention Hamas, the designated foreign terrorist organization responsible for using Palestinian children, women, and men as human shields and launching thousands of rockets indiscriminately into Israeli civilian populations, even once. (9) The July 23, 2014, resolution passed with 29 votes in favor, 17 abstentions and the United States as the lone dissenting vote. (10) On August 11, 2014, the United Nations named Professor William Schabas to lead a panel of inquiry in accordance to the July 23, 2014, resolution. (11) Schabas has made public statements in the past that should have precluded him from heading the panel as an unbiased participant, and should recuse himself. Among his incendiary and biased remarks, Schabas has stated Actually, my favourite would be Netanyahu within the dock of the International Criminal Court, in 2012, indicating a clear conflict of interests and lack of impartiality. (12) In 2006, the George W. Bush Administration voted against the resolution that created the United Nations Human Rights Council in the United Nations General Assembly over concerns about the Council’s reforms and its ability to advocate for human rights and decided to not seek a seat on the Council. (13) In June 2008, citing its skepticism regarding the function of the United Nations Human Rights Council in terms of fulfilling its mandate and its imbalanced approach and Israel bashing agenda, the Bush Administration announced it would limit its engagement with the Council. (14) In 2008, the Bush Administration announced it would withhold United States funding to the United Nations regular budget equivalent to the United States share of the United Nations Human Rights Council budget. (15) In March 2009, reversing the previous Administration’s policy, the Obama Administration announced that the United States would run for a seat on the United Nations Human Rights Council, and won a seat in May 2009. (16) United States membership in the United Nations Human Rights Council has not led to reform of its fundamental flaws nor diminished the Council’s virulently anti-Israel behavior. The Council has passed over two dozen resolutions criticizing Israel since the United States joined in 2009, and the world’s worst violators continue to get a pass. 3. Limitations relating to United Nations Human Rights Council membership and funding (a) In general For each and every fiscal year that begins after the date of the enactment of this Act, until the Secretary of State submits to Congress a certification for such fiscal year that the requirements described in subsection (b) have been satisfied— (1) the Secretary of State shall withhold from a United States contribution for such fiscal year to the regular budget of the United Nations an amount that is equal to the percentage of such contribution that the Secretary determines would be allocated by the United Nations to support the United Nations Human Rights Council; (2) the Secretary of State shall not make a voluntary contribution to the United Nations Human Rights Council; and (3) the United States shall not run for a seat on the United Nations Human Rights Council. (b) Certification The certification referred to in subsection (a) is a certification of the Secretary of State to Congress that— (1) the United Nations Human Rights Council’s mandate from the United Nations General Assembly explicitly and effectively prohibits candidacy for membership on the Council of a United Nations Member State that— (A) is subject to sanctions by the United Nations Security Council; and (B) is under a United Nations Security Council-mandated investigation for human rights abuses; (2) the United Nations Human Rights Council does not include a United Nations Member State that— (A) is subject to sanctions by the United Nations Security Council; (B) is under a United Nations Security Council-mandated investigation for human rights abuses; (C) the Secretary of State has determined, for purposes of section 6(j) of the Export Administration Act of 1979 (as continued in effect pursuant to the International Emergency Economic Powers Act), section 40 of the Arms Export Control Act, section 620A of the Foreign Assistance Act of 1961, or other provision of law, is a country the government of which has repeatedly provided support for acts of international terrorism; or (D) the President has designated as a Country of Particular Concern for Religious Freedom under section 402(b) of the International Religious Freedom Act of 1998; and (3) the United Nations Human Rights Council’s agenda or program of work does not include a permanent item with regard to the State of Israel. (c) Special procedures For each and every fiscal year that begins after the date of the enactment of this Act, the Secretary of State shall withhold from a United States contribution for such fiscal year to the regular budget of the United Nations an amount that is equal to the percentage of such contribution that the Secretary determines would be allocated by the United Nations to support the United Nations Special Rapporteur on the situation of human rights in Palestinian territories occupied since 1967 , and any other United Nations Human Rights Council Special Procedures used to display bias against the United States or the State of Israel or to provide support for any United Nations Member State that— (1) is subject to sanctions by the United Nations Security Council; (2) is under a United Nations Security Council-mandated investigation for human rights abuses; (3) the Secretary of State has determined, for purposes of section 6(j) of the Export Administration Act of 1979 (as continued in effect pursuant to the International Emergency Economic Powers Act), section 40 of the Arms Export Control Act, section 620A of the Foreign Assistance Act of 1961, or other provision of law, is a country the government of which has repeatedly provided support for acts of international terrorism; or (4) the President has designated as a Country of Particular Concern for Religious Freedom under section 402(b) of the International Religious Freedom Act of 1998. (d) Reversion of funds Funds appropriated for use as a United States contribution to the United Nations but withheld from obligation and expenditure pursuant to this section shall immediately revert to the United States Treasury and shall not be considered arrears to be repaid to any United Nations entity.
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113-hr-5650
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I 113th CONGRESS 2d Session H. R. 5650 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Ross introduced the following bill; which was referred to the Committee on the Judiciary A BILL To grant a Federal charter to the National Academy of Inventors.
1. Grant of Federal charter to the National Academy of Inventors (a) Grant of charter Part B of subtitle II of title 36, United States Code, is amended by inserting after chapter 1503 the following new chapter: 1504 National Academy of Inventors 150401. Findings Congress finds the following: (1) The majority of our Nation’s basic research is done at our colleges and universities. (2) The National Academy of Inventors recognizes and encourages inventors who have a patent issued from the United States Patent and Trademark Office. (3) The National Academy of Inventors enhances the visibility of university and non-profit research institute technology and academic innovation. (4) The National Academy of Inventors encourages the disclosure of intellectual property. (5) The National Academy of Inventors educates and mentors innovative students. (6) The systematic application of organized knowledge and information can generate technology and produce creative solutions to existing problems. (7) Innovation, based on new inventions and technologies, has proven to be a key factor in the industrial and economic development of the world. (8) The National Academy of Inventors serves a valuable role in the translation of science and technology within the university and non-profit research institute community, and for the benefit of society. (9) Congress supports the mission of the National Academy of Inventors to encourage the translation of the inventions of its members to benefit society. 150402. Organization (a) Federal charter The National Academy of Inventors, a not for profit organization that meets the requirements under section 501(c)(3) of the internal revenue code, and is organized under the laws of the State of Florida, is a federally chartered organization. (b) Expiration of Charter If the organization does not comply with the provisions of this chapter, the charter granted shall expire. 150403. Purposes The purposes of the organization are as provided in its bylaws and articles of incorporation. 150404. Governing body (a) Board of Directors The composition of the board of directors for the organization, and the responsibilities of the board are as provided in the articles of incorporation and bylaws of the organization. (b) Officers The positions of officers/executive committee members of the organization, and the election of the officers and executive committee members, are as provided in the articles of incorporation and bylaws. (c) Executive Committee The positions of executive committee members of the organization, and the election of executive committee members, are as provided in the articles of incorporation and bylaws. (d) Executive Advisory Board The composition of the executive advisory board for the organization, and the responsibilities of the executive advisory board are as provided in the articles of incorporation and bylaws of the organization. 150405. Powers The corporation has only those powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated. 150406. Restrictions (a) Stock and Dividends The corporation may not issue stock or declare or pay a dividend. (b) Distribution of Income or Assets No part of the income or assets of this Corporation will be distributed, to its Directors or Officers. However, the corporation may contract in due course of business with its Officers or Directors for services rendered to the extent permissible under the articles of incorporation, under law and under section 501(c)(3) of the United States Internal Revenue Code of 1986. (c) Loans The organization may not loan money to any of its directors or officers. (d) Corporate Status The organization shall maintain its status as a corporation incorporated under the laws of the State of Florida. 150407. Tax-exempt status required as a condition of charter If the corporation fails to maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986, the charter granted under this chapter shall terminate. 150408. Records The organization shall keep— (1) correct and complete records of account; (2) minutes of the proceedings of the members, board of directors, and committees of the corporation having any of the authority of the board of directors of the corporation; and (3) at the principal office of the corporation, a record of the names and addresses of the members of the corporation entitled to vote on matters relating to the corporation. 150409. Liability for acts of officers and agents The organization is liable for any act of any officer or agent of the corporation acting within the scope of the authority of the corporation. 150410. Annual report The corporation shall transmit to Congress an annual report on the activities of the corporation during the preceding fiscal year. The report shall be submitted at the same time as the report of the audit required. The report may not be printed as a public document. . (b) Clerical amendment The table of chapters at the beginning of subtitle II of title 36, United States Code, is amended by inserting after the item relating to chapter 1503 the following new item: 1504. National Academy of Inventors..............................150401 .
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113-hr-5651
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I 113th CONGRESS 2d Session H. R. 5651 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Ruiz introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to provide an exemption to the employer health insurance mandate for small businesses which are experiencing hardship.
1. Short title This Act may be cited as the Small Business Hardship Relief Act . 2. Hardship exemption to employer health insurance mandate for small businesses (a) In general Section 4980H of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (e) Hardship exemption for small businesses (1) In general Subsections (a) and (b) shall not apply to any small business for any month if such small business is experiencing a hardship with respect to the calendar year in which such month begins. (2) Hardship A small business shall be treated for purposes of this subsection as experiencing a hardship for any calendar year if such business demonstrates to the satisfaction of the Secretary that such business— (A) missed two or more consecutive loan payments during such year, (B) is a debtor in a title 11 case (as defined in section 108(d)(2)) the pendency of which includes any portion of such year, (C) received a notice from a utility during such year that such utility is preparing to stop providing services to such business by reason of nonpayment of amounts owed for utility service, (D) received a notice of eviction of foreclosure during such year, (E) experienced a fire, flood, other natural or human-caused disaster that resulted in substantial damage to property of the business during such year, or (F) experiences such other hardship during such year as the Secretary may determine for purposes of this subsection. (3) Limitation to 5 years of exemptions Paragraph (1) shall not apply to any small business for any calendar year if such paragraph has applied to such small business for any 5 previous calendar years. (4) Small business For purposes of this subsection— (A) In general The term small business means, with respect to any calendar year, an employer who employed an average of not more than 100 full-time employees on business days during the preceding calendar year. (B) Application of certain rules for determining employer size; treatment of full-time equivalents as full-time employees Rules similar to the rules of subparagraphs (C) and (E) of subsection (c)(2) shall apply for purposes of this subsection. . (b) Effective date The amendment made by subsection (a) shall apply to months beginning after the date of the enactment of this Act. (c) Hardship exemption not To be used as sole criteria for audit Notwithstanding any other provision of law, whether the hardship exemption provided under section 4980H of the Internal Revenue Code of 1986 (as added by this section) applies with respect to a taxpayer shall not be taken into account by the Internal Revenue Service as the sole factor in determining whether to audit such taxpayer. (d) Treasury study on additional indications of business hardship (1) Study The Secretary of the Treasury shall conduct a study regarding the additional hardships which would be appropriate to add to the list of hardships in paragraph (2) of section 4980H(e) of the Internal Revenue Code of 1986 (as added by this section), consistent with the purposes of such section. (2) Determination of additional hardships Not later than 6 months after the date of the enactment of this Act, the Secretary of the Treasury shall, with respect to any hardship which the Secretary determines should be added to such list of hardships, add such hardship to such list by making the determination described in subparagraph (F) of such section. (3) Report Not later than 6 months after the date of the enactment of this Act, the Secretary of the Treasury shall provide a written report to Congress with respect to the study conducted under paragraph (1). Such report shall include a description of each hardship considered for inclusion in such list of hardships, whether the Secretary made the determination to include such hardship in such list, and the reasons that such hardship was or was not so included, as the case may be. (4) References to Secretary of the Treasury Any reference in this subsection to the Secretary of the Treasury shall include a reference to any designee of such Secretary.
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113-hr-5652
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I 113th CONGRESS 2d Session H. R. 5652 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Ruiz (for himself, Ms. Kuster , Mr. Murphy of Florida , Mr. Swalwell of California , Ms. Sinema , and Mr. Gallego ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on Oversight and Government Reform and 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 provide for fiscal responsibility by the Federal Government through the use of accountability laws.
1. Short title This Act may be cited as the Fiscal Responsibility Using Government Accountability Laws Act of 2014 or the FRUGAL Act . 2. Offshore Tax Policies Enforcement (a) Determination of extent of taxpayer compliance in reporting on foreign accounts (1) In general Not later than 1 year after the date of the enactment of this Act, the Treasury Inspector General for Tax Administration shall— (A) conduct an analysis designed to measure the extent to which taxpayers are reporting existing foreign accounts and circumventing the 2003 Offshore Voluntary Compliance Initiative, 2009 Offshore Voluntary Disclosure Program, 2011 Offshore Voluntary Disclosure Initiative, and 2012 Offshore Voluntary Disclosure Programs and the extent to which taxpayers are properly utilizing offshore voluntary disclosure initiatives, and (B) submit a report to Congress based on the analysis. (2) Report The report required by paragraph (1) shall— (A) specify the extent to which taxpayers are circumventing offshore voluntary compliance initiatives and the amount of lost revenue as a result of such circumvention, and (B) contain such recommendations as the Treasury Inspector General for Tax Administration considers is necessary or appropriate for closing offshore tax loopholes and increasing revenue collection from offshore sources. (b) Increase in educational outreach concerning taxpayer offshore tax obligations (1) In general The Commissioner of Internal Revenue shall— (A) improve targeting taxpayers with offshore accounts by determining how taxpayers learned about the offshore voluntary disclosure program and targeting outreach efforts about offshore account reporting requirements to recent immigrants, and (B) use data gained from offshore programs— (i) to identify taxpayers with unreported foreign accounts, and (ii) to educate populations of taxpayers that might not be aware of their tax obligations related to offshore income filing requirements. (2) Report Not later than 1 year after the date of the enactment of this Act, the Commissioner of Internal Revenue shall submit a report to Congress describing how the Internal Revenue Service will close offshore tax loopholes and containing recommendations for closing offshore tax loopholes and increasing revenue collection from offshore sources. 3. Reverse auctions in Government contracting (a) Revision of FAR Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised to clarify the provisions relating to the use of reverse auctions by Federal agencies. (b) Guidelines The revisions to the Federal Acquisition Regulation shall include guidelines for the most efficient use of reverse auctions, including guidelines for ensuring that reverse auctions uphold high quality standards and that small businesses can continue to participate in the procurement process. (c) Reverse auction defined In this section, the term reverse auction , with respect to a procurement by a Federal agency, means a real-time auction conducted through an electronic medium by a group of offerors that compete against each other by submitting bids for a contract or a task or delivery order, with the ability to submit revised bids throughout the course of the auction, with award made to the offeror that submits the lowest bid. 4. Coin inventory management plan and report (a) Plan required Not later than 180 days after the date of the enactment of this Act, the Board of Governors of the Federal Reserve System shall develop and implement a plan to reduce spending on coin inventory management. (b) Contents of plan The plan required under subsection (a) shall— (1) assess factors that have increased coin management costs; (2) establish a process to separately monitor direct and indirect costs, including support costs, of coin management; (3) establish goals and performance metrics related to coin management costs; and (4) establish a process to systematically track, analyze, and revise forecasting models of coin orders. (c) Report The Board of Governors shall submit to Congress a report on the plan that includes— (1) a timeline for implementing each objective of the plan; (2) a description of the accuracy of monthly forecasts of coin orders; and (3) a description of cost effective coin management practices across Federal reserve banks.
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113-hr-5653
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I 113th CONGRESS 2d Session H. R. 5653 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Salmon introduced the following bill; which was referred to the Committee on Financial Services A BILL To provide for recipients of community development block grant funds to return such funds to the Treasury of the United States without prejudice, and for other purposes.
1. Short title This Act may be cited as the CDBG Grant Return Act of 2014 . 2. Return of unused grant funds Section 106 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5306 ) is amended by adding at the end the following new subsection: (g) Return of unused grant funds (1) Authority Any metropolitan city, urban county, unit of general local government, Indian tribe, or insular area that directly or indirectly receives amounts pursuant to this section may, at the sole discretion of such entity, return to the Treasury any or all of such amounts, subject to paragraph (2). (2) Retention and use of 10 percent of return amount In returning any amounts pursuant to this subsection, a metropolitan city, urban county, unit of general local government, Indian tribe, or insular area, such city, county unit, tribe, or insular area may retain and use for any purpose, at the discretion of such city, county unit, tribe, or insular area and notwithstanding any other provision of this title, an amount not exceeding 1/10 of the total of such amounts otherwise to be returned. (3) Treatment of future grant amounts Any return of amounts pursuant to this subsection shall not in any manner affect the future eligibility of such entity for grant funds under this title or the amount of such grant funds provided. (4) Treatment of returned amounts Any amounts returned to the Treasury pursuant to this subsection shall be covered into the general fund and shall not be reallocated, redistributed, or otherwise made available under this title. .
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113-hr-5654
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I 113th CONGRESS 2d Session H. R. 5654 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Ms. Schakowsky (for herself, Mr. Waxman , Mr. Butterfield , Ms. DeGette , Mr. Pallone , Mr. Rush , and Mr. Tonko ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title 49, United States Code, to provide for increased and improved public access to motor vehicle safety information, enhanced tools and accountability for the National Highway Traffic Safety Administration, and protection of motor vehicle consumers, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Vehicle Safety Improvement 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. Definition of Secretary. Title I—Increased and Improved Public Access to Information Sec. 101. Increased public availability of vehicle safety information. Sec. 102. Improved vehicle safety databases. Title II—Enhanced Agency Tools and Accountability Sec. 201. Civil penalties. Sec. 202. Early warning reporting requirements. Sec. 203. Administrative accountability. Sec. 204. Imminent hazard authority. Sec. 205. Cooperation with foreign governments. Sec. 206. Pedestrian safety improvement. Sec. 207. Regional recalls limitation. Title III—Consumer Protection Sec. 301. Limitation on sale or lease of used motor vehicles. Sec. 302. Retention of safety records by manufacturers. Sec. 303. Recall obligations under bankruptcy. Title IV—Additional Provision Sec. 401. Deadlines. 2. Definition of Secretary In this Act, the term Secretary means the Secretary of Transportation, acting through the Administrator of the National Highway Traffic Safety Administration. I Increased and Improved Public Access to Information 101. Increased public availability of vehicle safety information (a) Manufacturer communications (1) In general Section 30166(f) of title 49, United States Code, is amended— (A) by redesignating paragraph (2) as paragraph (3); (B) by striking paragraph (1) and inserting the following: (1) In general Subject to paragraph (4) and notwithstanding any other provision of law, a manufacturer shall give the Secretary of Transportation, and the Secretary shall make available on a publicly accessible Internet website, a true or representative copy of each communication to the manufacturer’s dealers or to owners or purchasers of a motor vehicle or replacement equipment produced by the manufacturer regarding— (A) any defect in its vehicles or equipment (including any failure or malfunction beyond normal deterioration in use, or any failure of performance, or any flaw or unintended deviation from design specifications), whether or not such defect is safety-related; or (B) any noncompliance with a motor vehicle safety standard prescribed under this chapter in a vehicle or equipment that is sold or serviced. (2) Types of communications The communications described in paragraph (1) shall include— (A) all notices, bulletins, and other communications, other than those required to be submitted pursuant to paragraph (c)(10) of section 573.6 of title 49, Code of Federal Regulations, sent to more than one manufacturer, distributor, dealer, lessor, lessee, owner, or purchaser, in the United States; and (B) those communications relating to a customer satisfaction campaign, consumer advisory, recall, or other safety activity involving the repair or replacement of motor vehicles or equipment, that the manufacturer issued to, or made available to, more than one dealer, distributor, lessor, lessee, other manufacturer, owner, or purchaser, in the United States. ; and (C) by adding at the end the following: (4) Exception Notwithstanding paragraph (1), the Secretary shall not be required to make copies of communications available that are manifestly not related to motor vehicle safety. . (2) Effective date The amendments made by paragraph (1) shall apply to communications given to the Secretary pursuant to paragraph (1) of section 30166(f) of title 49, United States Code, as amended by such paragraph, starting 1 year after the date of enactment of this Act. (b) Early warning data (1) In general Section 30166(m)(4) of title 49, United States Code, is amended by striking subparagraph (C) and inserting the following: (C) Disclosure The information provided to the Secretary pursuant to this subsection shall be disclosed publicly unless exempt from disclosure under section 552(b) of title 5. . (2) Rule Not later than 2 years after the date of enactment of this Act, the Secretary shall issue a final rule establishing categories of information provided to the Secretary pursuant to section 30166(m) of title 49, United States Code, that must be made available to the public. The Secretary may establish categories of information that the Secretary determines are exempt from public disclosure under section 552(b) of title 5, United States Code. (3) Consultation In conducting the rulemaking required under paragraph (2), the Secretary shall consult with the Director of the Office of Government Information Services within the National Archives and the Director of the Office of Information Policy of the Department of Justice. (4) Presumption and Limitation The Secretary shall issue the regulations with a presumption in favor of maximum public availability of information, including information contained in field reports submitted to the Secretary. In issuing regulations under paragraph (2), the following types of information shall presumptively not be eligible for protection under section 552(b) of title 5, United States Code: (A) Vehicle safety defect or noncompliance information related to an incident or incidents involving death or injury. (B) Aggregated numbers of property damage claims. (C) Aggregated numbers of consumer complaints related to potential vehicle defects. (5) Nullification of Prior Regulations Upon the effective date of a final rule issued under paragraph (2), the regulations establishing early warning reporting class determinations in Appendix C of part 512 of title 49, Code of Federal Regulations, shall have no force or effect. (c) Death Inquiries Not later than 1 year after the date of enactment of this Act, and every 6 months thereafter, the Secretary shall compile, and make available on a publicly accessible Internet website for a period of not less than 10 years, summaries of written communications sent by the Secretary to a manufacturer during the preceding 6-month period requesting additional information about fatal incidents reported under section 30166(m) of such title. Each such summary shall include, at a minimum, the following: (1) The manufacturer. (2) Any vehicle or equipment make, model name, and model year about which the Secretary has inquired. (3) Any vehicle system or component about which the Secretary has inquired. (4) The date of the written communication and the date by which a response must be submitted by the manufacturer. (5) The number of incidents about which the Secretary has inquired, and the earliest and latest quarters during which such incidents were reported to the Secretary. 102. Improved vehicle safety databases Not later than 2 years after the date of enactment of this Act, the Secretary shall increase public accessibility to information on the National Highway Traffic Safety Administration’s vehicle safety databases by— (1) improving organization and functionality, including modern web design features, and allowing for data to be searched, aggregated, and downloaded; (2) providing greater consistency in presentation of vehicle safety issues; (3) improving searchability about specific vehicles and issues through standardization of commonly used search terms and the integration of databases to enable all to be simultaneously searched using the same keyword search function; and (4) improving the publicly accessible early warning database, by— (A) enabling users to search for incidents across multiple reporting periods for a given make and model name, model year, or type of potential defect; (B) ensuring that search results, in addition to being downloadable, are sortable within an Internet browser by make, model name, model year, State or foreign country of the incident, number of deaths, number of injuries, date of the incident, and type of potential defect; and (C) developing a clear, organized, and searchable method by which the public can access information made available by the Secretary that is reported under clause (ii) of section 30166(m)(3)(C) of title 49, United States Code, as amended by this Act. II Enhanced Agency Tools and Accountability 201. Civil penalties (a) In general Section 30165 of title 49, United States Code, is amended— (1) in subsection (a)(1)— (A) in the first sentence by striking $5,000 and inserting $25,000 ; and (B) by striking the third sentence; and (2) in subsection (a)(3)— (A) in the second sentence by striking $5,000 and inserting $25,000 ; and (B) by striking the third sentence. (b) Construction Nothing in the amendments made by this section shall be construed as preventing the imposition of penalties under section 30165 of title 49, United States Code, prior to the issuance of a final rule under section 31203(b) of the Moving Ahead for Progress in the 21st Century Act ( 49 U.S.C. 30165 note). 202. Early warning reporting requirements (a) In general Section 30166(m) of title 49, United States Code, is amended— (1) in paragraph (3)(A), by striking clause (ii) and inserting the following: (ii) customer satisfaction campaigns, customer advisories, recalls, consumer complaints, warranty claims, field reports, or other activity involving the repair or replacement of motor vehicles or motor vehicle equipment. ; and (2) in paragraph (4), by striking subparagraph (B) and redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively. (b) Information on fatal incidents Section 30166(m)(3)(C) of title 49, United States Code, is amended— (1) by striking The manufacturer and inserting the following: (i) In general The manufacturer ; and (2) by adding at the end the following: (ii) Fatal incidents If an incident described in clause (i) involves one or more deaths, the manufacturer shall report to the Secretary, in such manner as the Secretary establishes by regulation— (I) all initial claims or notice documents that notified the manufacturer of the incident; (II) all investigative documents prepared by any local, State, or Federal government agency or personnel related to the incident, including photographs, police reports, cause and origin reports, or other documents describing or reconstructing the incident; (III) any amendments or supplements to the documents described in subclause (I), except for— (aa) medical documents and bills; (bb) property damage invoices or estimates; and (cc) documents related to quantification of damages; and (IV) the manufacturer’s assessment of the circumstances that led to the incident, including the manufacturer’s analysis of the claims or notices regarding allegations of a defect. (iii) Limitation The regulations promulgated by the Secretary under clause (ii) may not require a manufacturer to submit records respecting information described in subclause (II) of such clause that is not in the possession of the manufacturer. . (c) Component categories (1) Commencement Not later than 1 year after the date of enactment of this Act, the Secretary shall commence a rulemaking proceeding to amend the system and component categories required to be used in early warning reports on light vehicles submitted pursuant to section 579.21 of title 49, Code of Federal Regulations. In issuing rules under this subsection, the Secretary shall, to the extent each may assist in the identification of defects related to motor vehicle safety, maximize— (A) interoperability between the early warning reporting database and the publicly available consumer complaint database, by ensuring that the amended set of categories established by rule are the same as those available to vehicle owners or lessees reporting safety issues to the publicly available consumer complaint database; (B) precision, including by dividing categories that are imprecise and adding new categories that identify specific vehicle equipment not previously represented; and (C) organization and ease of use, including by housing categories pertaining to specific items of equipment within more general vehicle safety categories and operating systems. (2) Final rule Not later than 3 years after the date of enactment of this Act, the Secretary shall issue a final rule pursuant to paragraph (1). (d) Standardization of manufacturer reporting practices (1) Review (A) In general Not later than 4 years after the date of enactment of this Act, the Secretary shall complete a comprehensive review of individual light vehicle manufacturers’ practices for reporting to the Secretary incidents involving death or injury pursuant to section 579.21 of title 49, Code of Federal Regulations. (B) Components The review conducted under subparagraph (A) shall— (i) identify the major differences among such manufacturers’ reporting practices; (ii) identify the extent to which such manufacturers report precisely the information required under subsection (b) of section 579.21 of title 49, Code of Federal Regulations, or, alternatively, report additional information under such subsection; (iii) identify the types and sources of additional information, as described in clause (ii), that manufacturers report to the Secretary; (iv) assess and explain the extent to which differing reporting practices hinder the ability of the National Highway Traffic Safety Administration to compare a manufacturer’s data for vehicles or equipment to the data of another manufacturer’s vehicles or equipment, all peer vehicles or equipment, or the entire United States population of vehicles or equipment, or to data on vehicles or equipment submitted to the Secretary by a vehicle owner or lessee; and (v) determine, based on findings under clause (iv), whether differences among individual light vehicle manufacturers’ practices for reporting to the Secretary incidents involving death or injury pursuant to section 579.21 of title 49, Code of Federal Regulations, are detrimental to the identification of defects related to motor vehicle safety in motor vehicles and motor vehicle equipment in the United States. (2) Guidelines If the Secretary makes an affirmative determination under clause (v) of paragraph (1)(B), the Secretary may issue guidelines for the standardization of reporting practices described in such clause. (e) Report on Manufacturer Compliance with Early Warning Reporting Requirements Not later than 1 year after the date of enactment of this Act, the Inspector General of the Department of Transportation shall— (1) review the National Highway Traffic Safety Administration’s policies, procedures, and practices intended to ensure that manufacturers subject to the early warning reporting requirements of section 30166(m) of title 49, United States Code, and subpart C of part 579 of title 49, Code of Federal Regulations, submit all required information in full and without delay; (2) assess the extent to which key agency and manufacturer employees are aware of and understand such policies, procedures, and practices; (3) assess the extent to which manufacturers submit all required information in full and without delay; and (4) submit a report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate that contains the Inspector General’s findings, conclusions, and recommendations for formalizing or strengthening agency policies, procedures, and practices in order to ensure timely and complete reporting of early warning data. 203. Administrative accountability (a) Petitions for Standards and Enforcement (1) Missed deadlines Section 30162(d) of title 49, United States Code, is amended by inserting at the end the following: If the Secretary fails to grant or deny a petition within the 120-day period, the Secretary shall promptly publish in the Federal Register an explanation for missing the deadline and a projected date by which the Secretary will decide whether to grant the petition. On February 1 and August 1 of each year, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a letter listing each deadline the Secretary missed under this subsection during the 6-month period ending on such date, explaining why the Secretary missed the deadline, and describing any investigations, proceedings, or actions related to the relevant petition that the Secretary has conducted or taken since the petition was filed. . (2) Appeal of defect petition rejection Section 30162 of title 49, United States Code, is further amended by adding at the end the following: (e) Judicial Review A decision of the Secretary to deny a petition filed under subsection (a)(2) is agency action subject to judicial review under chapter 7 of title 5, and such action shall not be considered committed to agency discretion within the meaning of section 701(a)(2) of such title. A person aggrieved by the denial of a petition may obtain judicial review by filing an action in the court of appeals of the United States for the circuit in which the person resides or has its principal place of business or the United States Court of Appeals for the District of Columbia Circuit not more than 180 days after notice of the denial of the petition is published in the Federal Register. . (b) Information Provided by Whistleblowers (1) In general Subchapter IV of chapter 301 of title 49, United States Code, is amended by adding at the end the following: 30172. Review of information provided by employees (a) Definition of Covered Person In this section, the term covered person means an employee of a manufacturer, distributor, part supplier, or dealer (or any person acting pursuant to a request of the employee or to the extent such person is engaged in collecting and analyzing information provided by one or more such employees) who, in good faith, provides information to the Secretary indicating— (1) the existence of a possible safety-related defect or noncompliance with a motor vehicle safety standard; or (2) a violation of this chapter or a regulation prescribed or order issued under this chapter. (b) Review and Evaluation Upon receipt of motor vehicle safety information from a covered person, the Secretary shall review and evaluate the information promptly to determine whether a safety-related defect or noncompliance, or a violation of this chapter or a regulation prescribed or order issued under this chapter, exists. (c) Prohibition The Secretary shall not transmit or otherwise disclose any information received from a covered person to a manufacturer, distributor, part supplier, or dealer, except pursuant to a written request by, or with the prior written consent of, the covered person. . (2) Report (A) In general Not later than 30 months after the date of enactment of this Act, and biennially thereafter for 6 years, the Secretary shall complete a report on the activities of the National Highway Traffic Safety Administration under section 30172 of title 49, United States Code, as added by paragraph (1), and, upon completion, shall— (i) submit the report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate; and (ii) publish the report in an easily accessible and downloadable electronic format. (B) Contents Such report shall include— (i) a summary of submissions by covered persons (as defined in such section) to the Secretary in the 24 months preceding the submission of the report, consisting of— (I) the total number of such submissions and the number within this total which were submitted directly by an employee described in subsection (a) of such section; and (II) the number of submissions pertaining to a possible safety-related defect or noncompliance and the number of submissions pertaining to a violation of chapter 301 of title 49, United States Code, or a regulation prescribed or order issued under such chapter; and (ii) a summary of actions taken and proceedings, investigations, or research conducted by the Secretary in the 24 months preceding the submission of the report resulting from submissions by covered persons (as defined in such section). (3) Conforming amendment The table of sections for chapter 301 of title 49, United States Code, is amended by inserting after the item relating to section 30171 the following: 30172. Review of information provided by employees. . 204. Imminent hazard authority Section 30118 of title 49, United States Code, is amended— (1) in subsection (b)— (A) in paragraph (1), by striking (1) The Secretary may and inserting (1) In general.— Except as provided under paragraph (3), the Secretary may . (B) in paragraph (2), by inserting Orders.— before If the Secretary ; and (C) by adding after paragraph (2) the following: (3) Imminent hazards (A) Decisions and orders If the Secretary decides that a defect or noncompliance, or combination of both, under subsection (a) presents an imminent hazard, the Secretary— (i) shall notify the manufacturer of the motor vehicle or replacement equipment immediately under subsection (a); (ii) shall order the manufacturer of the motor vehicle or replacement equipment to immediately— (I) give notification under section 30119 of this title to the owners, purchasers, and dealers of the vehicle or equipment of the imminent hazard; and (II) remedy the defect or noncompliance under section 30120 of this title; (iii) notwithstanding section 30119 or 30120, may order the time for notification, means of providing notification, earliest remedy date, and time the owner or purchaser has to present the motor vehicle or equipment, including a tire, for remedy; and (iv) may include in an order under this subparagraph any other terms or conditions that the Secretary determines necessary to abate the imminent hazard. (B) Opportunity for administrative review Subsequent to the issuance of an order under subparagraph (A), opportunity for administrative review shall be provided in accordance with section 554 of title 5, except that such review shall occur not later than 10 days after issuance of such order. (C) Definition of imminent hazard In this paragraph, the term imminent hazard means any condition which substantially increases the likelihood of serious injury or death if not remedied immediately. ; and (2) in subsection (c), by inserting or electronic mail after certified mail . 205. Cooperation with foreign governments Section 30182(b) of title 49, United States Code, is amended by inserting after paragraph (5) the following: (6) enter into cooperative agreements (in coordination with the Department of State) and collaborative research and development agreements with foreign governments. . 206. Pedestrian safety improvement (a) Rule Not later than 2 years after the date of the enactment of this Act, the Secretary shall issue a final rule that— (1) establishes standards for passenger motor vehicles in order to reduce the number of injuries and fatalities suffered by pedestrians and other non-occupants who are struck by such vehicles; and (2) considers means for protecting especially vulnerable pedestrian and non-occupant populations, including children, older adults, and individuals with disabilities. (b) Definition of passenger motor vehicle In this section, the term passenger motor vehicle means a motor vehicle (as defined in section 30102(a)(6) of title 49, United States Code) that is rated at less than 10,000 pounds gross vehicular weight. Such term does not include— (1) a motorcycle; (2) a trailer; or (3) a low-speed vehicle (as defined in section 571.3 of title 49, Code of Federal Regulations). 207. Regional recalls limitation Section 30118 of title 49, United States Code, is amended by adding at the end the following new subsections: (f) Long-Term Exposure to Environmental Conditions If a manufacturer of a motor vehicle or replacement equipment learns the vehicle or equipment contains a safety problem caused by long-term exposure to environmental conditions, the manufacturer shall give notice under subsection (c) as if the manufacturer learned the vehicle or equipment contains a defect and decides in good faith that the defect is related to motor vehicle safety. (g) National Orders and Notifications All orders under subsection (b)(2) and notifications under subsection (c) shall be carried out on a national basis and shall not be limited to vehicles or equipment in certain States or territories or other geographic regions of the United States. . III Consumer Protection 301. Limitation on sale or lease of used motor vehicles (a) In general Section 30120 of title 49, United States Code, is amended by adding at the end the following: (k) Limitation on sale or lease of used motor vehicles (1) A dealer may not sell or lease a used motor vehicle until— (A) the dealer clearly and conspicuously notifies the purchaser or lessee, in writing, of any notifications of a defect or noncompliance under section 30118(b) or section 30118(c) of this title with respect to the used motor vehicle that have not been remedied; and (B) the purchaser or lessee acknowledges, in writing, receipt of the notification from the dealer under subparagraph (A). (2) Paragraph (1) shall not apply if— (A) the defect or noncompliance is remedied under section 30120 of this title before delivery under the sale or lease; or (B) notification of the defect or noncompliance is required under section 30118(b), but enforcement of the order is set aside in a civil action to which 30121(d) applies. (3) This subsection shall not apply to a dealer if the recall information regarding a used motor vehicle was not accessible at the time of sale or lease using the means established by the Secretary under section 31301 of the Moving Ahead for Progress in the 21st Century Act ( 49 U.S.C. 30166 note), and was not otherwise known to and accessible to the dealer at such time. (4) In this subsection, notwithstanding section 30102(a)(1) of this title— (A) the term dealer means a person that has sold at least 10 motor vehicles to 1 or more consumers during the prior 12 months; and (B) the term used motor vehicle means a motor vehicle that has previously been purchased other than for resale. (5) By rule, the Secretary may exempt the auctioning of a used passenger motor vehicle to a dealer from the requirements of this section to the extent that the exemption does not harm public safety. . (b) Effective date This section shall take effect 18 months after the date of enactment of this Act. 302. Retention of safety records by manufacturers (a) Rule Not later than 18 months after the date of enactment of this Act, the Secretary shall issue a final rule pursuant to section 30117 of title 49, United States Code, requiring each manufacturer of motor vehicles or motor vehicle equipment to retain all motor vehicle safety records, including documents, reports, correspondence, or other materials that contain information concerning malfunctions that may be related to motor vehicle safety (including any failure or malfunction beyond normal deterioration in use, or any failure of performance, or any flaw or unintended deviation from design specifications, that could in any reasonably foreseeable manner be a causative factor in, or aggravate, an accident or an injury to a person), for a period of not less than 20 calendar years from the date on which they were generated or acquired by the manufacturer. Such requirement shall also apply to all underlying records on which information reported to the Secretary under part 579 of title 49, Code of Federal Regulations, is based. (b) Application The rule required by subsection (a) shall apply with respect to any record described in such subsection that is in the possession of a manufacturer on the effective date of such rule. 303. Recall obligations under bankruptcy Section 30120A of title 49, United States Code, is amended by striking chapter 11 of title 11, and inserting chapter 7 or chapter 11 of title 11 . IV Additional Provision 401. Deadlines If the Secretary determines that a deadline under this Act, or an amendment made by this Act, cannot be met, the Secretary shall— (1) notify the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate and explain why that deadline cannot be met; and (2) establish a new deadline.
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113-hr-5655
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I 113th CONGRESS 2d Session H. R. 5655 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Schock (for himself, Mr. Blumenauer , Mr. Kelly of Pennsylvania , and Mr. Kind ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to expand the rehabilitation credit, and for other purposes.
1. Short title This Act may be cited as the Creating American Prosperity through Preservation Act . 2. Increase in the rehabilitation credit for certain smaller projects (a) In general Section 47 of the Internal Revenue Code of 1986 (relating to rehabilitation credit) is amended by adding at the end the following new subsection: (e) Special rule regarding certain smaller projects (1) In general In the case of any qualified rehabilitated building or portion thereof— (A) which is placed in service after the date of the enactment of this subsection, and (B) which is a smaller project, subsection (a)(2) shall be applied by substituting 30 percent for 20 percent . (2) Maximum credit The credit determined under this subsection with respect to any smaller project for all taxable years shall not exceed $1,500,000. (3) Smaller project defined (A) In general For purposes of this subsection, the term smaller project means any qualified rehabilitated building or portion thereof if— (i) the qualified rehabilitation expenditures taken into account for purposes of this section (or would have been so taken into account if this subsection had been in effect for all prior periods) with respect to the rehabilitation are not over $7,500,000, and (ii) no credit was allowed under this section for either of the 2 prior taxable years with respect to such building. (B) Progress expenditures Credit allowable by reason of subsection (d) shall not be taken into account under subparagraph (A)(ii). . (b) Effective Date The amendment made by this section shall apply to periods after the date of the enactment of this Act, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). 3. Addition of energy efficiency supplement to rehabilitation credit (a) In general Subsection (a) of section 47 of the Internal Revenue Code of 1986 is amended by striking and at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting , and , and by adding at the end the following new paragraph: (3) 2 percent of the qualified rehabilitation expenditures if the building is a qualified energy efficient rehabilitated building. . (b) Qualified energy efficient rehabilitated building Section 47 of such Code, as amended by section 2, is amended by adding at the end the following new subsection: (f) Qualified energy efficient rehabilitated building (1) In general The term qualified energy efficient rehabilitated building means any building (and its structural components) if— (A) the building is a qualified rehabilitated building, and (B) (i) the rehabilitation is certified (in accordance with paragraph (4)) as being designed to achieve at least a 30 percent energy use reduction in the building’s energy use, or (ii) the building meets the requirements of paragraph (2)(B)(ii) and is determined under paragraph (2)(B) to achieve at least a 30 percent energy use reduction after being rehabilitated. (2) Determination of energy use reduction For purposes of paragraph (1)— (A) Design-based standards (i) Buildings within the scope of standard 90.1–2007 If the building is within the scope of Standard 90.1–2007, the designed reduction in energy use shall be determined using methods of calculation under paragraph (3) in comparison to a reference building which meets the minimum requirements of such standard. (ii) RESNET buildings If the building is within the scope of RESNET, the designed reduction in energy use shall be determined using methods prescribed by the Secretary which are based on the Residential Energy Services Network Technical Guidelines. (iii) Other buildings If neither clause (i) or (ii) apply to the building, the designed reduction in energy use shall be determined using methods of calculation prescribed by the Secretary in a manner which is consistent with principles under paragraph (3). (B) Measured reductions (i) In general In the case of buildings which meet the requirements of clause (ii), the taxpayer may determine the reduction in energy usage by comparing the energy usage during the period selected by the taxpayer under clause (ii)(I) with the energy usage during the period selected by the taxpayer under clause (ii)(II). (ii) Building requirements A building meets the requirements of this clause if— (I) the building is at least 75 percent occupied during any period (but not less than 12 months) selected by the taxpayer which ends during the 5-year period ending on the date that the rehabilitation begins, and (II) the building is at least 75 percent occupied during the comparable period selected by the tax- payer which begins during the 5-year period beginning on the date that the rehabilitation is completed. (iii) Energy star buildings The reduction in energy use for buildings within the scope of Energy Star Portfolio Manager may be determined for purposes of this subparagraph by using the Energy Star Portfolio Manager Buildings Benchmark Tool. (iv) Special rules The Secretary shall prescribe regulations which preclude the use of this subparagraph, or modify the methods otherwise applicable under this subparagraph, in circumstance where vacancies, changes in use, and other factors which might otherwise yield in materially misleading results. (v) Year credit allowable In the case of a building which is a qualified energy efficient rehabilitated building solely by reason of this subparagraph, the increase in the credit under subsection (a)(3) with respect to such building shall be taken into account for the taxable year which includes the end of the period selected by the taxpayer under clause (ii)(II) in lieu of the taxable year in which the rehabilitated building is placed in service. (3) Methods of calculations (A) In general The Secretary, after consultation with the Secretary of Energy, shall promulgate regulations which describe in detail methods for calculating and verifying energy and power consumption and cost, based on Appendix G of Standard 90.1–2007 (or any subsequent version of such Appendix which is in effect at the time of the certification). (B) Computer software (i) In general Any calculation under subparagraph (A) shall be prepared by qualified computer software. (ii) Qualified computer software For purposes of subparagraph (A), the term qualified computer software means software— (I) which is included (at the time of the certification) on the published list of qualified software by the Department of Energy, (II) which provides such information as the Secretary may require, including information that allows the user to document the energy efficiency features of the building and its projected annual energy costs, and (III) which provides standardized outputs for building energy performance and, to the maximum extent practicable, relies on industry best practices and existing guidelines. (4) Certifications (A) In general The Secretary shall prescribe the manner and method for the making of certifications under this subsection. (B) Procedures The Secretary shall include as part of the certification process procedures for inspection and testing by qualified individuals described in subparagraph (C) to ensure compliance of buildings with energy-savings plans and targets. Such procedures shall be comparable, given the difference between commercial and residential buildings, to the requirements in the Mortgage Industry National Accreditation Procedures for Home Energy Rating Systems. (C) Qualified individuals Individuals qualified to determine compliance shall be only those individuals who are recognized by an organization certified by the Secretary for such purposes. For purposes of the preceding sentence, an individual shall not be qualified with respect to a building unless the individual is— (i) a registered professional engineer, (ii) not a direct employee of the owner of the commercial building or multifamily building, and (iii) licensed in the State in which such building is located. (5) Standard 90.1–2007 For purposes of this subsection, the term Standard 90.1–2007 means Standard 90.1–2007 of the American Society of Heating, Refrigerating, and Air Conditioning Engineers and the Illuminating Engineering Society of North America (or any subsequent version of such Standard which is in effect at the time of the certification). (6) Allocation of credit for tax-exempt property Paragraphs (3) and (4) of section 50(b), and clause (v) of subsection (c)(2)(B), shall not apply to those qualified rehabilitation expenditures that are taken into account for purposes of certifying a building as a qualified energy efficient rehabilitated building under this subsection. Any rehabilitation credit which is allowable by reason of the preceding sentence may be assigned to any other person, and such other person shall be treated as the taxpayer with respect thereto. (7) Coordination The Secretary shall designate processes for tracking the numbers and locations of buildings claiming the rehabilitation by reason of this subsection, as well as providing information on projected and actual savings of energy and its value over time in coordination with the Department of Energy. (8) Regulations The Secretary, after consultation with the Administrator of the Environmental Protection Agency and the Secretary of the Interior, shall promulgate such regulations as may be necessary or appropriate to carry out the purposes of this subsection, including regulations— (A) to take into account new technologies regarding energy efficiency and renewable energy for purposes of determining energy efficiency and savings under this subsection, and (B) to provide for a recapture of the credit determined under this subsection if the design referred to in paragraph (1)(B) is not fully implemented. . (c) Substantial rehabilitation requirement not To apply to energy efficiency supplement Subparagraph (A) of section 47(c)(1) of such Code (defining qualified rehabilitated building) is amended by adding at the end the following new flush sentence: Clause (i) shall not apply to so much of the rehabilitation credit as is determined under subsection (a)(3). . (d) Effective dates (1) In general Except as provided in paragraph (2), the amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. (2) Waiver of substantial rehabilitation requirement The waiver of the requirement of section 47(c)(1)(A)(i) of the Internal Revenue Code of 1986 made by section 47(f)(1)(A) of such Code, as added by this Act, shall apply with respect to rehabilitations the physical work on which begins after the date of the enactment of this Act. 4. Modification to definition of qualified rehabilitation expenditure (a) In general Clause (i) of section 47(c)(2)(A) of the Internal Revenue Code of 1986 (relating to the definition of qualified rehabilitation expenditures) is amended by striking or at the end of subclause (III), by striking subclause (IV), and by inserting after subclause (III) the following new subclauses: (IV) rehabilitated building energy efficiency property, or (V) an addition or improvement to property described in subclause (I), (II), (III), or (IV), and . (b) Rehabilitated building energy efficiency property Section 47(c)(2) of such Code is amended by adding at the end the following new subparagraph: (E) Rehabilitated building energy efficiency property (i) In general For purposes of subparagraph (A), the term rehabilitated building energy efficiency property means property which is certified as being— (I) affixed to, adjacent to, or integral to the provision of renewable energy to a qualified rehabilitated building, or (II) installed as part of a plan designed to achieve any energy use reduction (within the meaning of subsection (f)). Subparagraph (B)(i) shall not apply to rehabilitated building energy efficiency property. (ii) Certification The Secretary shall prescribe the manner and method for the making of certifications under clause (i). . (c) Enlargements Clause (iii) of section 47(c)(2)(B) of such Code is amended by adding at the end the following new sentence: The preceding sentence shall not apply to any rehabilitated building energy efficiency property which is an addition or improvement to a building. . (d) Effective date The amendments made by this section shall apply to qualified rehabilitated buildings placed in service after the date of the enactment of this Act. 5. Coordination of energy credit with rehabilitation credit (a) In general Paragraph (2) of section 48(a) of the Internal Revenue Code of 1986 is amended by striking subparagraph (B). (b) Conforming amendments Paragraph (2) of section 48(a) of such Code is amended— (1) by redesignating subparagraph (A)(ii) as subparagraph (B) and moving such subparagraph 2 ems to the left, (2) by redesignating subclauses (I) through (IV) of subparagraph (A)(i) as clauses (i) through (iv), respectively, and by moving such clauses 2 ems to the left, and (3) by striking so much of such paragraph as precedes 30 percent in the case of— and inserting the following: (2) Energy percentage The energy percentage is— (A) 30 percent in the case of— . (c) Basis reduction Paragraph (3) of section 50(c) of such Code is amended by adding at the end the following new flush sentence: In the case of property that qualifies for both the energy credit and the rehabilitation credit, the preceding sentence shall be applied by substituting none for only 50 percent each place it appears. . (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. 6. Date by which building must be first placed in service (a) In General Subparagraph (B) of section 47(c)(1) of the Internal Revenue Code of 1986 (relating to the date by which building must be first placed in service) is amended— (1) by striking Building must be first placed in service before 1936 and inserting Date by which building must first be placed in service , and (2) by striking before 1936 and inserting no less than 50 years prior to the year in which qualified rehabilitation expenditures are taken into account under subsection (b)(1) . (b) Effective Date The amendment made by this section shall apply to property placed in service after the date of the enactment of this Act. 7. Modifications regarding certain tax-exempt use property (a) In General Subclause (I) of section 47(c)(2)(B)(v) of the Internal Revenue Code of 1986 (relating to tax-exempt use property) is amended by inserting and subclauses (I), (II), and (III) of section 168(h)(1)(B)(ii) shall not apply after thereof . (b) Effective Date The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. 8. Special rules for dispositions of State historic tax credits (a) In general Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by inserting after section 139D the following new section: 139E. Dispositions of State historic tax credits (a) Exclusion from income; basis reduction (1) In general In the case of a taxpayer who receives a State historic tax credit and transfers such credit by sale, allocation, or otherwise, or receives a refund of all or a portion of such credit— (A) no portion of the net proceeds of such allocation, disposition, or refund of such credit shall constitute income to such taxpayer under section 61(a), and (B) the taxpayer's basis in the property with respect to which the State historic tax credit is allowed shall be reduced as determined under paragraph (2). (2) Determination of reduction in basis The reduction in basis under paragraph (1) shall be applied— (A) first, against the basis in the land, (B) second, against so much of the basis of any building or interest therein as was not treated as a qualified rehabilitation expenditure by reason of clause (ii) or (iii) of section 47(c)(2)(B), and (C) third, against the remaining basis in the property. (D) Adjustment in basis of interest in partnership or s corporation The adjusted basis of— (i) a partner’s interest in a partnership, or (ii) stock in an S corporation (as defined in section 1361(a)(1)), shall be appropriately adjusted to take into account adjustments made under this subsection in the basis of property held by the partnership or S corporation (if any). (b) Election To include in income (1) In general In the case of a taxpayer elects to have this subsection apply— (A) the net proceeds of the allocation, disposition, or refund described in subsection (a) received by such taxpayer shall constitute income to such taxpayer under section 61(a), and (B) subsection (a)(1)(B) shall not apply. (2) Making of election An election under this subsection shall be made at such time and in such manner as the Secretary of the Treasury may by regulation prescribe. Such election shall apply for the taxable year for which it is made and for all subsequent taxable years and may be revoked only with the consent of the Secretary of the Treasury. (c) Effect on qualified rehabilitation expenditures and rehabilitation credits For purposes of determining the rehabilitation credit allowable to a taxpayer under section 47, the transfer or allocation of State historic tax credits with respect to any property by a taxpayer shall not affect or reduce the amount of qualified rehabilitation expenditures (as defined in section 47(c)(2)) incurred in connection with such property, nor shall such transfer or disposition, nor any basis adjustments under subsection (a), be treated as an early disposition of investment credit property for purposes of the recapture provisions of section 50. (d) State historic tax credits defined For purposes of this section, the term State historic tax credit means any credit against State or local tax liabilities which— (1) is allowable under the laws of any State or political subdivision thereof to a taxpayer with respect to expenditures made for the rehabilitation of property identified by such laws, and (2) can be allocated, disposed, or refunded under such laws. . (b) Clerical amendment The table of sections for such part III is amended by inserting after the item relating to section 139E the following new item: Sec. 139E. Dispositions of State historic tax credits. . (c) Effective Date This section shall apply to transfers or dispositions made, or refunds received, after the date of the enactment of this Act.
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113-hr-5656
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I 113th CONGRESS 2d Session H. R. 5656 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Smith of New Jersey (for himself and Ms. McCollum ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To authorize the Feed the Future Initiative to reduce global poverty and hunger in developing countries on a sustainable basis, and for other purposes.
1. Short title This Act may be cited as the Feed the Future Global Food Security Act of 2014 . 2. Findings Congress finds the following: (1) For more than 60 years, the United States has provided consistent global leadership in addressing food security and investing in agricultural development, research, innovation and humanitarian assistance, particularly in Africa, Latin America and South Asia. (2) Nevertheless, according to the January 2014 Worldwide Threat Assessment of the United States Intelligence Community report, lack of adequate food will be a destabilizing factor in countries important to United States national security that do not have the financial or technical abilities to solve their internal food security problems, and food and nutrition insecurity in weakly governed countries might also provide opportunities for insurgent groups to capitalize on poor conditions, exploit international food aid, and discredit governments for their inability to address basic needs . (3) According to the most recent estimates of the Food and Agriculture Organization of the United Nations, globally more than 805,000,000 people suffer from chronic hunger. In addition, approximately 165,000,000 (or 1 in 4) children under the age of 5 are stunted, with 80 percent of the world’s stunted children living in just 14 countries. Mounting evidence from several peer-reviewed studies provide compelling evidence that undernutrition during the critical first 1,000 day window until age two leads to stunting, a lifelong condition of poor health, impaired cognitive and physical development, and diminished productivity. (4) The provision of folic acid as a supplement to women of childbearing years has resulted in benefits, including a reduction in incidents of autism in some populations. (5) The African Union Commission Cost of Hunger in Africa study estimated that the economic costs associated with child undernutrition are substantial—from 2 percent to 16 percent of the gross national product (GNP) in several African nations. For instance, this cost was estimated at $4,700,000,000 in Ethiopia in 2009 alone, which is the equivalent of 16 percent of Ethiopia’s GNP. (6) The Feed the Future Initiative (FTF) is the United States flagship global hunger and food security program. The primary objectives of FTF are to improve food security by increasing productivity and incomes as well as reducing hunger and to improve nutrition among 140,000,000 of the world’s poorest people in 19 priority countries. Feed the Future focuses on improving the lives of smallholder farmers, especially women and children. (7) FTF leverages partnerships with a wide range of stakeholders—including private voluntary organizations, universities, faith-based groups, international and domestic research organizations, community-based organizations and cooperatives—harnesses new innovations and technologies, builds local capacity and sustainability, links to the global economy, and adheres to rigor, transparency and accountability. (8) Its whole-of-government approach to food security brings together agriculture, economic growth, trade facilitation, nutrition, development, and humanitarian programs to achieve unprecedented results. For example, preliminary data indicates child stunting rates in Ethiopia have declined at a 3.3 percent annual rate over the past 3 years, such that there are currently 160,000 fewer stunted children in Ethiopia despite population growth over this period. (9) In 2013, FTF reached more than 7,000,000 farmers and other food producers resulting in the employment of new technologies and management practices on more than 4,000,000 hectares of land. Also in 2013, the initiative reached more than 12,500,000 children with high impact nutrition interventions such as micronutrient supplementation improving both health and development. (10) To increase responsible private agricultural investment, private sector executives and African leaders launched the New Alliance for Food Security and Nutrition (New Alliance). Since 2012, the New Alliance has expanded from three to ten African countries and approximately 180 African and international companies have committed to investing over $10,000,000,000 in African agriculture. 3. Sense of Congress It is the sense of Congress that United States efforts to end extreme global poverty should build upon the progress and successes of the Feed the Future Initiative in supporting agricultural development and addressing chronic hunger and malnutrition. 4. Statement of policy It is the policy of the United States— (1) to reduce global poverty and hunger through a comprehensive food security and nutrition strategy known as the Feed the Future Initiative (FTF); (2) to implement FTF using a whole of government approach; (3) to promote agricultural development to help transform local economies, increase political stability, and expand trade; (4) to focus on country-led agricultural priorities in partnership with local governments, donor organizations, multilateral institutions, the private sector, civil society, and international and university research institutions in the United States; (5) to increase the productivity, incomes and livelihoods of small-scale producers, especially women, by working across agricultural value chains and expanding farmer access to local and international markets; (6) to promote secure and transparent land rights in order to enable responsible investment in agriculture; (7) to target research, develop new technologies, utilize extension agents, and improve post-harvest storage in order to reduce food waste; (8) to improve the nutrition of women and children, with a focus on reducing child stunting; (9) to expand access to diverse and quality foods and enhance nutrition-related behaviors that improve maternal and child health; and (10) to increase the resilience of vulnerable communities and households by building capacity in safety nets and decreasing the need for emergency assistance. 5. Assistance to reduce global poverty and hunger in developing countries on a sustainable and global basis (a) Assistance authorized (1) In general The President, acting through the heads of the relevant Federal departments and agencies specified in paragraph (2), shall provide assistance to reduce poverty and hunger in developing countries. To the extent consistent with the requirements of this Act, such assistance should be provided in accordance with the terms and conditions of the Federal program known as the Feed the Future Initiative (as such program was in effect on the day before the date of the enactment of this Act). (2) Relevant federal departments and agencies The relevant Federal departments and agencies specified in this paragraph are the United States Agency for International Development, the Department of Agriculture, the Department of Commerce, the Department of State, the Department of the Treasury, the Millennium Challenge Corporation, the Overseas Private Investment Corporation, the Peace Corps, the Office of the United States Trade Representative, the United States African Development Foundation, the United States Geological Survey, and any other department or agency specified by the President for purposes of this paragraph. (3) Provisions of law Assistance authorized under this subsection that is provided pursuant to the authorities of section 103, section 103A, title XII of chapter 2 of part I, and chapter 4 of part II of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151a , 2151a–1, 2220a et seq., and 2346 et seq.) may be provided notwithstanding any other provision of law. (4) Reference Assistance authorized under this subsection may be referred to as the Feed the Future Initiative . (b) Coordination The President, acting through the Administrator of the United States Agency for International Development, shall coordinate the efforts of the relevant Federal departments and agencies under subsection (a). (c) Strategic approach Assistance authorized under subsection (a) should be provided under a strategic approach that— (1) prioritizes the overarching dual objectives; (A) increasing agricultural productivity, income, and economic growth, with a strong emphasis on small-scale producers; and (B) improving nutrition, especially of women and children; (2) takes a whole-of-government approach of Federal departments and agencies that engage in some aspect of food security, nutrition security, and agricultural development; (3) is driven by country strategies, ownership, and engagement; (4) harnesses science, technology, and innovation; (5) leverages unique partnerships in development, including farmers’ organizations, cooperatives, the private sector, civil society and faith-based organizations, research entities, and academic institutions; (6) has a strong focus on women’s economic empowerment and nutrition; (7) builds capacity of local organizations and institutions; (8) integrates and strengthens resilience approaches to ensure that chronically vulnerable populations are linked to market systems and longer-term economic growth opportunities; (9) supports and seeks to align with country-owned agriculture, nutrition, and food security policy and investment plans developed with input from relevant governmental and non-governmental sectors within partner countries and regional bodies, including representatives of the private sector, small-scale producers, and international and local civil society and faith-based organizations; (10) gives consideration to integrating agricultural development activities among food insecure populations living in proximity to designated national parks or wildlife areas to support wildlife conservation efforts; (11) engages, when appropriate, the expertise of United States institutions of higher education in collaboration with public and private institutions in developing countries; and (12) assesses criteria to determine where agricultural development assistance is no longer required. (d) Requirements Assistance authorized under subsection (a) should meet the following requirements: (1) Be consistent with a country-led, multilateral, accountable process, and a comprehensive approach to agricultural development, nutrition, and resilience. (2) Maintain an emphasis on the cross-cutting issues of nutrition, land tenure, research, technology innovation, and supporting women farmers. (3) Engage strong partnerships with the private sector, educational institutions, and civil society and faith-based organizations. (4) Build the capacity of local organizations and institutions. (5) Develop community and farmer resiliency to natural disasters, emergencies, and natural occurrences that adversely impact agricultural yield. (e) Monitoring and evaluation Assistance authorized under subsection (a) should be provided under established parameters for a rigorous accountability system to monitor and evaluate progress and impact, including by reporting to Congress and the public on an annual basis. 6. Report (a) In general The President, acting through the Administrator of the United States Agency for International Development, should submit to Congress an annual report that details, by fiscal year, the programs and activities carried out under this Act. (b) Matters To be included (1) In general The report requested by subsection (a) shall include a summary of significant issues and developments, the outlook for the next fiscal year, an analysis of performance and effectiveness against the results framework, and details of results and activities with respect to the programs and related subject areas described in paragraph (2). (2) Programs and related subject areas described The programs and issues described in this paragraph are the following: (A) Country and regional programs. (B) Global and multilateral programs. (C) Nutrition integration. (D) Women’s economic empowerment. (E) Stakeholder engagement, including list of partner organizations and description of their respective roles. (F) Management and accountability. (G) Participation and research by United States and developing country institutions of higher education. (H) Policy and program management. (I) Areas related to private investment in developing countries and the impact of private sector investment on economic opportunities and income of small-scale producers. (c) Additional matters To be included The report requested by subsection (a) should provide accountable and transparent information on United States Government performance under this Act. 7. Authorization of appropriations There are authorized to be appropriated to the President to carry out this Act, for each of the fiscal years 2015, 2016, and 2017, an amount equal to the amount of funds made available for food security and agricultural development programs for fiscal year 2014 under section 7060(d) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2014 (division K of Public Law 113–76 ; 128 Stat. 554).
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https://www.govinfo.gov/content/pkg/BILLS-113hr5656ih/xml/BILLS-113hr5656ih.xml
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