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113-hr-5657
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I 113th CONGRESS 2d Session H. R. 5657 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Stivers (for himself and Mr. Welch ) 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 eligible product developers have competitive access to approved drugs and licensed biological products, so as to enable eligible product developers to develop and test new products, and for other purposes.
1. Short title This Act may be cited as the Fair Access for Safe and Timely Generics Act of 2014 or the FAST Generics Act of 2014 . 2. Findings Congress finds the following: (1) Reference product license or approval holders are restricting competitive access to reference products by sponsors seeking to develop drugs, generic drugs, and biosimilars under section 505(b) or 505(j) of the Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(b)(2) and 355(j)) and under section 351 of the Public Health Service Act ( 42 U.S.C. 262 ). These restrictions are deterring and delaying development of generic drugs and biosimilars by extending lawful patent-based monopolies beyond their lawful patent life. (2) The enforcement provisions set forth in section 505–1(f)(8) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355–1(f)(8) ) have not been sufficient to prevent anti-competitive practices that interfere with access to reference products which is necessary for the timely development of affordable generic drugs and biosimilars. (3) The opinion in Verizon Communications Inc. v. Law Offices of Curtis V. Trinko, LLP, 540 U.S. 398 (2004) should not be construed to impair or bar the application of the antitrust laws consistent with the provisions of this Act. (4) There is not a regulatory structure in place that is sufficient to deter or remedy the anti-competitive harm that results when access to reference brand products is restricted to sponsors developing drugs, generic drugs, and biosimilars in accordance with section 505(b) or 505(j) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(b)(2) and 355(j)), and section 351 of the Public Health Service Act ( 42 U.S.C. 262 ), respectively. (5) Requiring license holders to comply with requirements for competitive access to their products, and subjecting license holders to antitrust liability for failing to do so, will not impose obligations on the courts that they cannot adequately and reasonably adjudicate. 3. Competitive access to covered products for development purposes (a) In general Chapter V of the Food Drug and Cosmetic Act ( 21 U.S.C. 351 et seq. ) is amended by inserting after section 505–1 of such Act ( 21 U.S.C. 355–1 ) the following new section: 505–2. Competitive access to covered products for development purposes (a) Definitions In this section: (1) Covered product The term covered product means any drug approved under section 505 or any biological product that is licensed under section 351 of the Public Health Service Act, including— (A) any combination thereof; and (B) when reasonably necessary to demonstrate sameness, biosimilarity, or interchangeability for purposes of this section, section 505, or section 351 of the Public Health Service Act (as applicable), any product, including any device, that is marketed or intended for use with such drug or biological product. (2) Eligible product developer The term eligible product developer means a person that seeks to develop an application for the approval of a drug under section 505(b) or 505(j) or the licensing of a biological product under section 351 of the Public Health Service Act. (3) License holder The term license holder means the holder of an application approved under section 505(b) or section 505(j) or a license under section 351 of the Public Health Service Act for a covered product (including the holder’s agents, wholesalers, distributors, assigns, and corporate affiliates). (4) REMS product The term REMS product means a covered product that— (A) is subject to a risk evaluation and mitigation strategy under section 505–1; or (B) is deemed under section 909(b) of the Food and Drug Administration Amendments Act of 2007 to have in effect an approved risk evaluation and mitigation strategy under section 505–1. (b) Competitive access to covered products as a condition on approval or licensing As a condition of approval or licensure, or continuation or renewal of approval or licensure, of a covered product under section 505 of this Act or section 351 of the Public Health Service Act, respectively, the Secretary shall require that the covered product’s license holder not adopt, impose, or enforce any condition relating to the sale, resale, or distribution of the covered product, including any condition adopted, imposed, or enforced as an aspect of a risk evaluation and mitigation strategy approved by the Secretary, that restricts or has the effect of restricting the supply of such covered product to an eligible product developer for development or testing purposes. (c) Competitive access to covered products other than REMS products for development purposes No license holder shall adopt, impose, or enforce any condition relating to the sale, resale, or distribution of a covered product that interferes with or restricts access to reasonable quantities of a covered product by an eligible product developer for development and testing purposes, at commercially reasonable, market-based prices, from the license holder or from any wholesaler or specialty distributor authorized by the license holder to commercially distribute or sell the covered product unless the license holder generally adopts, imposes, or enforces lawful conditions relating to the sale, resale, or distribution of a covered product, with respect to other buyers of the covered product. (d) Competitive access to REMS products for development purposes (1) Prohibited use of REMS to restrict access With respect to a REMS product, no aspect of a risk evaluation and mitigation strategy under section 505–1 shall prohibit or restrict, or be construed or applied to prohibit or restrict, the supply of such REMS product to an eligible product developer for development and testing purposes, at commercially reasonable, market-based prices, from the REMS product’s license holder or from any wholesaler or specialty distributor authorized by the license holder to commercially distribute or sell the REMS product. (2) Single, shared system of elements to assure safe use With respect to a REMS product, no license holder shall take any step that impedes— (A) the prompt development of a single, shared system of elements to assure safe use under section 505–1; or (B) the entry on commercially reasonable terms of an eligible product developer into a previously approved system of elements to assure safe use. (e) Procedures for obtaining access to covered products (1) Competitive access Notwithstanding any other provision of law, in the case of an eligible product developer that has an authorization to obtain a covered product in effect under paragraph (2) or (3), no license holder shall adopt, impose, or enforce any other condition relating to the sale, resale, or distribution of such covered product that interferes with or restricts access to reasonable quantities of the covered product by the eligible product developer for development and testing purposes, at commercially reasonable, market-based prices, from the license holder or from any wholesaler or specialty distributor authorized by the license holder to commercially distribute or sell the covered product, unless the license holder generally adopts, imposes, or enforces lawful conditions relating to the sale, resale, or distribution of a covered product, with respect to other buyers of the covered product. (2) General covered products authorization Any eligible product developer may seek a general covered products authorization, authorizing the eligible product developer to obtain any covered product for the purposes of development and testing, by making a written request to the Secretary. Within 60 days after receiving such a request, the Secretary shall, by written notice, issue such authorization if— (A) the eligible product developer holds one or more approved applications or licenses for a covered product or, in the absence of such approvals or licensures, otherwise establishes that the eligible product developer can comply with the requirements of this Act and other applicable law for the development and testing of covered products; and (B) the Secretary does not find that the eligible product developer has materially failed to comply with the requirements of this Act or other applicable law for the development and testing of covered products. (3) Individual covered product authorization Any eligible product developer may seek an authorization to obtain an individual covered product for development and testing purposes by making a written request to the Secretary. Within 60 days of receiving such a request, the Secretary shall, by written notice, issue such authorization for purposes of— (A) development and testing that does not involve human clinical trials, if the eligible product developer has agreed to comply with any conditions the Secretary determines necessary; or (B) testing that involves human clinical trials if the eligible product developer has submitted a protocol for testing that includes protections that will provide an assurance of safety comparable to the assurance of safety provided by any distribution restrictions governing the approval or licensure of the covered product or the license holder’s distribution of the covered product. (4) Failure by Secretary to take final action If the 60-day period referred to in paragraph (2) or (3) expires without the Secretary having taken final action on the request for authorization, the Secretary shall be deemed to have issued, by written notice, the requested authorization. (5) (A) Process for obtaining product pursuant to an authorization If an eligible product developer is unable, for purposes of development and testing, to obtain reasonable quantities of a covered product commercially, either from the license holder or from any wholesaler or specialty distributor authorized by the license holder to commercially distribute or sell the covered product, any eligible product developer that has obtained authorization to do so, in accordance with paragraph (2) or (3), shall be entitled to obtain such reasonable quantities of such covered product at the same commercially reasonable, market based price on which such reasonable quantities of such covered product have been previously sold by the license holder to third parties in the open market. Such eligible product developer shall initiate its acquisition of such covered product by providing a written request for specific quantities of such covered product either— (i) to any wholesaler or specialty distributor authorized by the license holder to commercially distribute or sell the covered product; or (ii) in the event no such wholesaler or specialty distributor has been designated for such purpose by the license holder, to the Secretary. (B) Request contents Such request shall include a statement regarding the quantity of covered product sought for development or testing purposes, and state that either— (i) the eligible product developer has, or is deemed to have, a general covered products authorization under paragraph (2); or (ii) the eligible product developer has, or is deemed to have, an authorization under paragraph (3) to obtain the specific covered product. (C) Disclosure of information by wholesalers and specialty distributors In the event that a request is made to a wholesaler or specialty distributor under this paragraph, the wholesaler or specialty distributor shall not disclose to the license holder of the covered product involved the identity of the eligible product developer, but may disclose to such license holder, only if required to do so by the holder— (i) the fact that a request has been made; (ii) the dates on which the request was made and fulfilled; (iii) the commercial terms on which the request was fulfilled; and (iv) the quantity of the covered product furnished by the wholesaler or specialty distributor in compliance with the request. (D) Disclosure pursuant to means specified by Secretary In the event that a request is made to the Secretary under this subsection, then the Secretary shall, within 5 business days of receipt of the request, notify the license holder that a request for such covered product has been made, and the quantity of the covered product requested, and such license holder shall, within 30 days after receiving notice from the Secretary, provide the quantity of the requested covered product, through means specified by the Secretary, at a non-discriminatory, commercially reasonable, market-based price for which such covered product has been previously sold by the license holder (or any wholesaler or specialty distributor authorized by the license holder to commercially distribute or sell the covered product) to third parties in the open market. The means established by the Secretary under this clause shall not disclose to the license holder the identity of the eligible product developer that has requested quantities of the covered product for development and testing purposes. (E) Imminent hazard At any time, the Secretary may prohibit, limit, or otherwise suspend a transfer of a covered product to an eligible product developer if the Secretary determines that the transfer of such product to the eligible product developer would present an imminent hazard to the public health. In such cases, the Secretary shall specify the basis for the determination, including the specific information available to the Secretary which served as the basis for such determination, and confirm such determination in writing. (f) Public and private enforcement (1) Application of certain provisions For purposes of this Act and the Public Health Service Act, a violation of a requirement or prohibition in subsection (b), (c), (d)(1), (d)(2), or (e)(1) shall be treated in the case of a REMS product, as a violation of the product’s risk evaluation and mitigation strategy. (2) Remedies An eligible product developer that has authorization for access to a covered product from the Secretary under subsection (e) and that is aggrieved by a violation of subsection (b), (c), (d)(1), (d)(2), or (e)(1) by a license holder or any wholesaler or specialty distributor authorized by the license holder to commercially distribute or sell the covered product may sue such license holder for injunctive relief and treble damages (including costs and interest of the kind described in section 4(a) of the Clayton Act (15 U.S.C. 15(a))). (g) Limitation of liability The holder of an approved application or license for a covered product shall not be liable for any claim arising out of an eligible product developer’s development or testing activities conducted under this section, including a claim arising out of a failure of the eligible drug developer to follow adequate safeguards to assure safe use of the covered product. (h) Reports (1) Report by FDA Not later than 180 days after the enactment of the Fair Access for Safe and Timely Generics Act of 2014 , and annually thereafter, the Secretary, acting through the Commissioner of Food and Drugs, shall submit to Congress a report that— (A) identifies each instance of noncompliance by any license holder with a requirement or prohibition in subsection (b), (c), (d)(1), (d)(2), or (e)(1); and (B) describes the actions taken by the Secretary to remedy such noncompliance and to enforce such requirements and prohibitions, whether by assessment of a penalty or otherwise. (2) Report by FTC Not later than 270 days after the enactment of the Fair Access for Safe and Timely Generics Act of 2014 , and annually thereafter, the Federal Trade Commission shall submit to Congress a report that— (A) describes the complaints received by the Commission pertaining to the withholding of competitive access to covered products, the actions taken by the Commission with respect to each such complaint, and the result of each such Commission action; and (B) examines the impact on the market entry of competing drug products, and the pricing and availability of such products, in the United States resulting from noncompliance by license holders with a requirement or prohibition in subsection (b), (c), (d)(1), (d)(2), or (e)(1). . (b) Prohibited act Section 301 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331 ) is amended by adding at the end the following: (ddd) Any violation by the license holder of a covered product (as such terms are defined in section 505–2(a) (including its contractors, assigns, or corporate affiliates)) of a requirement or prohibition in subsection (b), (c), (d)(1), (d)(2), or (e)(1) of section 505–2 (relative to competitive access to covered products for development purposes). . (c) Waiver of single, shared system requirement Section 505–1(i)(1)(B) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355–1(i)(1)(B) ) is amended— (1) in clause (i), by striking or at the end; (2) in clause (ii), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (iii) the applicant for an abbreviated new drug application certifies that it attempted in good faith to create or negotiate entry into a single, shared system, but was unable to finalize commercially reasonable terms with the holder of the listed drug within 120 days, and such certification includes a description of the efforts made by the applicant for the abbreviated new drug application to create or negotiate entry into a single, shared system. . (d) Effective date This section and the amendments made by this section shall take effect upon enactment, and shall apply to all approved applications or licenses for a covered product (as defined in section 505–2(a) of the Federal Food, Drug, and Cosmetic Act, as added by this section) regardless of whether those applications or licenses were approved before, on, or after the date of enactment of this Act.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5657ih/xml/BILLS-113hr5657ih.xml
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113-hr-5658
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I 113th CONGRESS 2d Session H. R. 5658 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Stutzman (for himself, Mrs. Walorski , and Mr. Duffy ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To revise the definition of manufactured home under the Manufactured Housing Construction and Safety Standards Act of 1974 to clarify the exclusion of certain recreational vehicles, and for other purposes.
1. Short title This Act may be cited as the Recreational Vehicle Certainty Act of 2014 . 2. Definition of manufactured home Paragraph (6) of section 603 of the Manufactured Housing Construction and Safety Standards Act of 1974 ( 42 U.S.C. 5402(6) ) is amended by striking self-propelled recreational vehicle and inserting the following: recreational vehicle that is designed as temporary living quarters for recreational, camping, travel, or seasonal use and built in compliance with consensus standards for such products, including (A) a self-propelled motorhome or recreational vehicle trailer that is towed by another vehicle without a special highway use permit and is regulated by the National Highway Traffic Safety Administration as a vehicle, and (B) a park model recreational vehicle that has a gross area of not greater than 400 square feet based on the exterior dimensions of the unit measured at the largest horizontal projections in the setup mode, excluding any loft area having less than 5 feet in ceiling height, roof overhangs, and exterior porch or deck area . 3. Regulations Not later than the expiration of the 90-day period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development shall issue such regulations as may be necessary to carry out the amendments made by section 2.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5658ih/xml/BILLS-113hr5658ih.xml
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113-hr-5659
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I 113th CONGRESS 2d Session H. R. 5659 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Stutzman introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Agriculture , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To reduce Federal, State, and local costs of providing high-quality drinking water to millions of Americans residing in rural communities by facilitating greater use of cost-effective well water systems, and for other purposes.
1. Short title This Act may be cited as the Water Supply Cost Savings Act or the Savings Act . 2. Findings Congress finds that— (1) the United States is facing a drinking water infrastructure funding crisis; the Environmental Protection Agency (the EPA ) projects a $384 billion shortfall in funding over the next 20 years; and this funding challenge is particularly acute in rural America; (2) there are 52,000 community water systems in the United States, of which 41,801 are small community water systems; (3) EPA’s most recent Drinking Water Needs Survey placed the shortfall in drinking water infrastructure funding for small communities (3,300 or fewer persons) at $64.5 billion; (4) small communities often cannot finance the construction and maintenance of drinking water systems because the cost per resident for this investment would be prohibitively expensive; (5) drought conditions have placed significant strains on existing surface water supplies, and many communities across the country are now considering the use of groundwater and community well systems to provide drinking water; and (6) 42 million Americans receive their drinking water from individual wells, and millions more rely upon community well systems for their drinking water. 3. Sense of Congress It is the sense of the Congress that— (1) providing rural communities with the knowledge and resources necessary to fully utilize wells and community well systems can save local, State, and Federal governments and taxpayers billions of dollars over the next two decades; (2) wells and community well systems can provide safe and affordable drinking water to millions of Americans; and (3) the Federal Government lacks the resources to finance the drinking water infrastructure needs of millions of citizens residing in rural America, and wells and community well systems can help significantly to close this funding gap. 4. Drinking water technology clearinghouse The Administrator of the Environmental Protection Agency and the Secretary of Agriculture shall— (1) update existing programs of the Agency and the Department of Agriculture designed to provide drinking water technical assistance to include information on cost-effective, innovative, and alternative drinking water delivery systems, including systems that are supported by wells; and (2) disseminate information on the cost effectiveness of wells and well systems to communities and not-for-profit organizations seeking Federal funding for drinking water systems serving 3,300 or fewer persons. 5. Water system assessment In any application for a Federal grant or loan for a drinking water system serving 3,300 or fewer persons, a unit of local government or not-for-profit organization shall certify that it has considered, as an alternative drinking water supply, drinking water delivery systems sourced by publicly owned individual wells, shared wells, and community wells. 6. Report to Congress Not later than 3 years after the date of enactment of this Act, the Administrator of the Environmental Protection Agency and the Secretary of Agriculture shall report to Congress on— (1) the utilization of innovative and alternative drinking water systems described in this Act; (2) the range of cost savings for communities utilizing innovative and alternative drinking water systems described in this Act; and (3) the utilization of drinking water technical assistance programs operated by the Agency and the Department.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5659ih/xml/BILLS-113hr5659ih.xml
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113-hr-5660
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I 113th CONGRESS 2d Session H. R. 5660 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Takano 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 provide for a limitation on the time for the use of contributions or donations, and for other purposes.
1. Timeframe for and prioritization of disposal of contributions or donations Section 313 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30114 ) is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection: (c) Disposal (1) Timeframe Contributions or donations described in subsection (a) may only be used, in the case of an individual who is not a candidate with respect to an election for any Federal office for a 6-year period beginning on the day after the date of the most recent such election in which the individual was a candidate for any such office, during such 6-year period. (2) Prioritization Beginning on the date the 6-year period described in paragraph (1) ends, contributions or donations that remain available to an individual described in such paragraph shall be disposed of, not later than 30 days after such date, as follows: (A) First, to pay any debts or obligations owed in connection with the campaign for election for Federal office of the individual. (B) Second, to the extent such contribution or donations remain available after the application of subparagraph (A), to return such contributions or donations to the individuals, entities, or both, who made such contributions or donations. (C) Third, to the extent such contributions or donations remain available after the application of subparagraphs (A) and (B), to make contributions to an organization described in section 170(c) of the Internal Revenue Code of 1986. (D) Fourth, to the extent such contributions or donations remain available after the application of subparagraphs (A), (B), and (C), to make transfers to a national, State, or local committee of a political party. . 2. 1-year transition period for certain individuals (a) In general In the case of an individual described in subsection (b), any contributions or donations remaining available to the individual shall be disposed of— (1) not later than one year after the date of the enactment of this Act; and (2) in accordance with the prioritization specified in subparagraphs (A) through (D) of subsection (c)(2) of section 313 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30114), as amended by section 1. (b) Individuals described An individual described in this subsection is an individual who, as of the date of the enactment of this Act— (1) is not a candidate with respect to an election for any Federal office for a period of not less than 6 years beginning on the day after the date of the most recent such election in which the individual was a candidate for any such office; and (2) would be in violation of subsection (c) of section 313 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30114 ), as amended by section 1.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5660ih/xml/BILLS-113hr5660ih.xml
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113-hr-5661
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I 113th CONGRESS 2d Session H. R. 5661 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Van Hollen (for himself, Mr. Lowenthal , Mr. Ruppersberger , Ms. Slaughter , Mr. Sablan , Mr. Pascrell , Mr. Takano , Ms. McCollum , Mr. Honda , and Ms. Pingree of Maine ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To require full funding of part A of title I of the Elementary and Secondary Education Act of 1965 and the Individuals with Disabilities Education Act.
1. Short title This Act may be cited as the Keep Our Promise to America’s Children and Teachers Act or the Keep Our PACT Act . 2. Findings The Congress finds as follows: (1) Children are our Nation’s future and greatest treasure. (2) A high-quality education is the surest way for every child to reach his or her full potential. (3) Title I of the Elementary and Secondary Education Act of 1965 helps address inequity in education in school districts across the country to provide a high-quality education to every student. (4) The Individuals with Disabilities Education Act guarantees all children with disabilities a first-rate education. (5) The Individuals with Disabilities Education Improvement Act committed Congress to providing 40 percent of the national current average per-pupil expenditure for students with disabilities. (6) A promise made must be a promise kept. 3. Full funding of part A of title I of ESEA (a) Funding There are appropriated, out of any money in the Treasury not otherwise appropriated— (1) for fiscal year 2015, an amount that equals the difference between— (A) the amount appropriated for fiscal year 2015 for programs under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ); and (B) $16,553,821,000 or the full amount authorized to be appropriated for the fiscal year for those programs, whichever is higher; (2) for fiscal year 2016, an amount that equals the difference between— (A) the amount appropriated for fiscal year 2015 for programs under part A of title I of the Elementary and Secondary Education Act of 1965; and (B) $19,049,895,000 or the full amount authorized to be appropriated for the fiscal year for those programs, whichever is higher; (3) for fiscal year 2017, an amount that equals the difference between— (A) the amount appropriated for fiscal year 2015 for programs under part A of title I of the Elementary and Secondary Education Act of 1965; and (B) $21,922,342,000 or the full amount authorized to be appropriated for the fiscal year for those programs, whichever is higher; (4) for fiscal year 2018, an amount that equals the difference between— (A) the amount appropriated for fiscal year 2015 for programs under part A of title I of the Elementary and Secondary Education Act of 1965; and (B) $25,227,912,000 or the full amount authorized to be appropriated for the fiscal year for those programs, whichever is higher; (5) for fiscal year 2019, an amount that equals the difference between— (A) the amount appropriated for fiscal year 2015 for programs under part A of title I of the Elementary and Secondary Education Act of 1965; and (B) $29,031,913,000 or the full amount authorized to be appropriated for the fiscal year for those programs, whichever is higher; (6) for fiscal year 2020, an amount that equals the difference between— (A) the amount appropriated for fiscal year 2015 for programs under part A of title I of the Elementary and Secondary Education Act of 1965; and (B) $33,409,503,000 or the full amount authorized to be appropriated for the fiscal year for those programs, whichever is higher; (7) for fiscal year 2021, an amount that equals the difference between— (A) the amount appropriated for fiscal year 2015 for programs under part A of title I of the Elementary and Secondary Education Act of 1965; and (B) $38,447,168,000 or the full amount authorized to be appropriated for the fiscal year for those programs, whichever is higher; (8) for fiscal year 2022, an amount that equals the difference between— (A) the amount appropriated for fiscal year 2015 for programs under part A of title I of the Elementary and Secondary Education Act of 1965; and (B) $44,244,442,000 or the full amount authorized to be appropriated for the fiscal year for those programs, whichever is higher; (9) for fiscal year 2023, an amount that equals the difference between— (A) the amount appropriated for fiscal year 2015 for programs under part A of title I of the Elementary and Secondary Education Act of 1965; and (B) $50,915,859,000 or the full amount authorized to be appropriated for the fiscal year for those programs, whichever is higher; and (10) for fiscal year 2024, an amount that equals the difference between— (A) the amount appropriated for fiscal year 2015 for programs under part A of title I of the Elementary and Secondary Education Act of 1965; and (B) $58,593,228,000 or the full amount authorized to be appropriated for the fiscal year for those programs, whichever is higher. 4. Mandatory funding of the Individuals with Disabilities Education Act Section 611(i) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1441(i) ) is amended to read as follows: (i) Funding (1) In general For the purpose of carrying out this part, other than section 619, there are authorized to be appropriated— (A) $12,906,093,000 or 16.8 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2015, and there are hereby appropriated $1,433,245,000 or 1.5 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2015, which shall become available for obligation on July 1, 2015, and shall remain available through September 30, 2016; (B) 14,518,385,000 or 18.6 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2016, and there are hereby appropriated $3,045,437,000 or 3.3 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2016, which shall become available for obligation on July 1, 2016, and shall remain available through September 30, 2017; (C) $16,332,093,000 or 20.4 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2017, and there are hereby appropriated $4,859,245,000 or 5.1 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2017, which shall become available for obligation on July 1, 2017, and shall remain available through September 30, 2018; (D) $18,372,379,000 or 22.5 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2018, and there are hereby appropriated $6,899,531,000 or 7.2 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2018, which shall become available for obligation on July 1, 2018, and shall remain available through September 30, 2019; (E) 20,667,547,000 or 24.7 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2019, and there are hereby appropriated $9,194,699,000 or 9.4 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2019, which shall become available for obligation on July 1, 2019, and shall remain available through September 30, 2020; (F) $23,249,438,000 or 27.2 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2020, and there are hereby appropriated $11,776,590,000 or 11.9 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2020, which shall become available for obligation on July 1, 2020, and shall remain available through September 30, 2021; (G) $26,153,872,000 or 30 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2021, and there are hereby appropriated $14,681,024,000 or 14.7 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2021, which shall become available for obligation on July 1, 2021, and shall remain available through September 30, 2022; (H) $29,421,143,000 or 33 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2022, and there are hereby appropriated $17,948,295,000 or 17.7 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2022, which shall become available for obligation on July 1, 2022, and shall remain available through September 30, 2023; (I) $33,096,577,000 or 36.3 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2023, and there are hereby appropriated $21,623,729,000 or 21 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2023, which shall become available for obligation on July 1, 2023, and shall remain available through September 30, 2024; and (J) $37,231,164,000 or 40 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2024 and each subsequent fiscal year, and there are hereby appropriated $37,231,164,000 or 40 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2024 and each subsequent fiscal year, which— (i) shall become available for obligation with respect to fiscal year 2024 on July 1, 2024, and shall remain available through September 30, 2025; and (ii) shall become available for obligation with respect to each subsequent fiscal year on July 1 of that fiscal year and shall remain available through September 30 of the succeeding fiscal year. (2) Amount With respect to each subparagraph of paragraph (1), the amount determined under this paragraph is the product of— (A) the total number of children with disabilities in all States who— (i) received special education and related services during the last school year that concluded before the first day of the fiscal year for which the determination is made; and (ii) were aged— (I) 3 through 5 (with respect to the States that were eligible for grants under section 619); and (II) 6 through 21; and (B) the average per-pupil expenditure in public elementary schools and secondary schools in the United States. . 5. Offset The amounts appropriated by this Act and the amendments made by this Act shall be expended consistent with pay-as-you-go requirements.
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113-hr-5662
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I 113th CONGRESS 2d Session H. R. 5662 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Van Hollen (for himself and Mr. Clyburn ) 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 denial of deduction for certain excessive employee remuneration.
1. Short title This Act may be cited as the CEO–Employee Pay Fairness Act of 2014 . 2. Expansion of denial of deduction for certain excessive employee remuneration (a) Expanded application of deduction denial if pay fairness requirement not met Section 162(m) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (7) Special rule in case of companies not meeting pay fairness requirement (A) In general In the case of a publicly held corporation which does not meet the pay fairness requirement of subparagraph (B) for the taxable year— (i) no deduction shall be allowed under this chapter for applicable employee remuneration with respect to any employee to the extent that the amount of such remuneration for the taxable year with respect to such employee exceeds $1,000,000, and (ii) paragraph (4) shall be applied without regard to subparagraphs (B), (C), and (D) thereof. For purposes of the preceding sentence, the term employee includes any officer or director of the taxpayer and any former officer, director, or employee of the taxpayer. (B) Pay fairness requirement The pay fairness requirement of this subparagraph is satisfied if— (i) (I) the average compensation paid by the taxpayer to or for all applicable United States employees for the taxable year, exceeds (II) the inflation and productivity growth adjusted average of such compensation for the preceding taxable year, and (ii) the aggregate compensation paid by the employer to or for all applicable United States employees for the taxable year is not less than the aggregate of such compensation for the preceding taxable year. (C) Applicable United States employee For purposes of this paragraph, the term applicable United States employee means, with respect to any taxable year, any employee— (i) whose services with respect to the employer are substantially all performed within the United States, and (ii) whose compensation from the employer for the taxable year does not exceed the dollar amount in effect under section 414(q)(1)(B)(i) with respect to the calendar year in which such taxable year begins. (D) Inflation and productivity growth adjusted average The inflation and productivity growth adjusted average of compensation under subparagraph (B)(i)(II) for any taxable year shall be determined by multiplying— (i) the average of the compensation paid by the taxpayer to or for all applicable United States employees for the taxable year, by (ii) the sum of the cost-of-living adjustment and the productivity adjustment for the taxable year. (E) Cost-of-living adjustment For purposes of subparagraph (D)(ii), the cost-of-living adjustment for any taxable year shall be the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting the second preceding calendar year for calendar year 1992 in subparagraph (B) thereof. (F) Productivity adjustment For purposes of subparagraph (D)(ii)— (i) In general The productivity adjustment for the taxable year shall be an amount (expressed as a percentage) equal to the average annual increase in the business productivity index for the period beginning with calendar year 2000 and ending with the calendar year preceding the calender year in which the taxable year begins. (ii) Business productivity index The term business productivity index means the nonfarm business productivity index published by the Bureau of Labor Statistics as adjusted by the Secretary to account for depreciation. (G) Compensation For purposes of this subparagraph, the term compensation means, with respect to any employee, the sum of— (i) the employee’s wages on which the tax under section 3101(b) is imposed, plus (ii) any amount described in paragraph (9), (11), (12), or (14) of section 6051(a) with respect to the employee. (H) Aggregation rules Rules similar to the rules of paragraph (5)(B)(iii) shall apply for purposes of this paragraph. (I) Regulations The Secretary may prescribe such regulations as are necessary to carry out the purposes of this paragraph, including adjustments to the pay fairness requirements of subparagraph (B)— (i) to prevent avoidance of this paragraph through changes in the composition of the taxpayer’s workforce, and (ii) to account for significant, non-tax-motivated changes in the size and composition of the taxpayer’s workforce (including mergers, spinoffs, or changes in the occupational composition of a taxpayer’s workforce). . (b) Modification of definition of covered employees (1) In general Paragraph (3) of section 162(m) of such Code is amended— (A) in subparagraph (A), by striking as of the close of the taxable year, such employee is the chief executive officer of the taxpayer or is and inserting such employee is the chief executive officer or the chief financial officer of the taxpayer at any time during the taxable year, or was , (B) in subparagraph (B) by striking (other than the chief executive officer) and inserting (other than any individual described in subparagraph (A)) , and (C) by striking or at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting , or , and by adding at the end the following: (C) was a covered employee of the taxpayer (or any predecessor) for any preceding taxable year beginning after December 31, 2014. . (2) Technical amendment Section 162(m)(3)(B) of such Code is amended by striking 4 highest and inserting 3 highest . (c) Applicable employee remuneration paid to beneficiaries, etc Paragraph (4) of section 162(m) of such Code is amended by adding at the end the following new subparagraph: (H) Special rule for remuneration paid to beneficiaries, etc Remuneration shall not fail to be applicable employee remuneration merely because it is includible in the income of, or paid to, a person other than the covered employee, including after the death of the covered employee. . (d) Expansion of applicable employer To include non-Listed public companies Paragraph (2) of section 162(m) of such Code is amended to read as follows: (2) Publicly held corporation For purposes of this subsection, the term publicly held corporation means any corporation which is an issuer (as defined in section 3 of the Securities Exchange Act of 1934)— (A) that has a class of securities registered under section 12 of such Act, or (B) that is required to file reports under section 15(d) of such Act. . (e) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2014.
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113-hr-5663
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I 113th CONGRESS 2d Session H. R. 5663 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Veasey (for himself, Ms. Eddie Bernice Johnson of Texas , Ms. Wilson of Florida , and Ms. Kelly of Illinois ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To provide for a competitive grant program for apprenticeship and internship programs through the Manufacturing Extension Partnership Program.
1. Short title This Act may be cited as the Bridge to Manufacturing Jobs Act . 2. Findings The Congress makes the following findings: (1) In 2012, Deloitte found that the United States has 600,000 unfilled manufacturing jobs in the United States. (2) According to the Georgetown University Center on Education and the Workforce, the United States is likely to experience a shortage of about 5,000,000 workers with technical certificates and credentials. (3) According to the Bureau of Labor Statistics, apprenticeship occupations are projected to grow more than 20 percent from 2012 to 2022. (4) The Department of Labor found that workers who completed an apprenticeship earn an average starting salary of $50,000. (5) Employers who support apprenticeship programs gain skilled workers, build a pipeline of employees, and reduce staff turnover. (6) Other countries, including Germany and the United Kingdom, have successfully implemented apprenticeship programs. For example, Germany, even with less than one-third of the United States population, has almost 2,000,000 apprentices with almost 500,000 sponsoring companies. (7) The Federal Government can play an important role in facilitating the development of apprenticeship and internship programs at manufacturing companies, in particular through the Manufacturing Extension Program. 3. Competitive grants to facilitate apprenticeship programs Section 25(f) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278k(f) ) is amended— (1) in paragraph (3)— (A) by striking and at the end of subparagraph (B); (B) by redesignating subparagraph (C) as subparagraph (D); and (C) by inserting after subparagraph (B) the following: (C) may be related to projects designed to facilitate the development and implementation of apprenticeship programs, internship programs, or student work-based learning programs to help serve the workforce needs of consortia of manufacturing companies; and ; and (2) by amending paragraph (5)(A)(i) to read as follows: (i) create jobs and recruit and train a diverse manufacturing workforce, including through outreach to women and minorities; .
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113-hr-5664
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I 113th CONGRESS 2d Session H. R. 5664 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Ms. Waters introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend the Transportation Equity Act for the 21st Century to modify a high priority project in the State of California, and for other purposes.
1. Modification of high priority project Item number 1454 of the table contained in section 1602 of the Transportation Equity Act for the 21st Century (112 Stat. 310) is amended by striking the project description and inserting the following: Construct Imperial Highway street improvements or other street improvements designated by the City of Inglewood .
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113-hr-5665
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I 113th CONGRESS 2d Session H. R. 5665 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Weber of Texas (for himself, Mr. Smith of Texas , Mr. Sessions , Mr. Farenthold , Mr. Brady of Texas , Mr. Carter , and Mr. Sam Johnson of Texas ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To promote transparent, collaborative, and cost-effective national ambient air quality standards for ozone under the Clean Air Act and for other purposes.
1. Short title This Act may be cited as the Clear the Air with Congress Act of 2014 . 2. National ambient air quality standards for ozone (a) Report to Congress prior To proposing new standard Not less than 180 days before issuance of any rule proposing a new or revised national primary or secondary ambient air quality standard for ozone under section 109 of the Clean Air Act ( 42 U.S.C. 7409 ), the Administrator of the Environmental Protection Agency shall submit to Congress and make publically available a report that contains each of the following: (1) The standard (in parts per million) to be proposed. (2) All scientific and technical data relied upon to support the proposed standard in a manner that is sufficient for independent analysis and substantial reproduction of results. (3) A description of all technologies and strategies that may be utilized to achieve the standard and the direct and indirect costs of such technologies and strategies. (4) An economic impact analysis that estimates the total costs of the standard, including— (A) the impact to gross domestic product and employment by State; (B) the cost of wholesale and retail electricity by State; and (C) total compliance costs by State. (5) A list of each area of the United States, including each county, that would be in nonattainment under the standard. (6) An identification of the level of ground level ozone in each county of the United States that is naturally occurring or produced outside of the United States. (b) Consideration of economic and technological feasibility In establishing a national primary or secondary ambient air quality standard for ozone under section 109 of the Clean Air Act ( 42 U.S.C. 7409 ), the Administrator of the Environmental Protection Agency shall take into consideration the cost and economic and technological feasibility of attaining such standard. (c) Approval by law of national ambient air quality standards for ozone A national primary or secondary ambient air quality standard for ozone under section 109 of the Clean Air Act ( 42 U.S.C. 7409 ) shall not take effect unless a Federal statute is enacted approving such standard.
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113-hr-5666
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I 113th CONGRESS 2d Session H. R. 5666 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Weber of Texas (for himself and Mr. Smith of Texas ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To strengthen United States-Israel science and technology cooperation.
1. United States-Israeli cooperation (a) Amendments Section 917(a) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17337(a) ) is amended— (1) by striking and at the end of paragraph (6); (2) by striking the period at the end of paragraph (7) and inserting ; and ; and (3) by adding at the end the following: (8) the National Science Foundation of the United States should collaborate with the Israel Science Foundation. . (b) U.S.-Israel Science and Technology Foundation The U.S.-Israel Science and Technology Foundation, created pursuant to the 1994 Memorandum of Understanding between the United States Department of Commerce and the Israeli Ministry of Industry and Trade (now the Ministry of Economy) is authorized to facilitate research and development and technology partnerships among United States and Israeli researchers, and business and industrial entities for purposes of advancing technologies, leading to commercialization and domestic manufacturing, and creating benefits for both nations. The Department of Commerce, through the Deputy Secretary’s office and in conjunction with Israel’s Ministry of Economy’s Chief Scientist, shall ensure that the U.S.-Israel Science and Technology Foundation maintains its role as facilitator of the reauthorized 1994 Memorandum of Understanding to create and execute joint research and development agreements between Israel and United States entities, including United States Federal agencies, States, cities, businesses, academic institutions, and scientific foundations.
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113-hr-5667
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I 113th CONGRESS 2d Session H. R. 5667 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Williams introduced the following bill; which was referred to the Committee on Financial Services A BILL To exempt small mortgage originators from certain licensing requirements and debt-to-income requirements for qualified mortgages.
1. Short title This Act may be cited as the Seller Finance Regulation Reduction Act . 2. Exemptions for seller financers (a) Loan originator license or registration requirements Section 1504 of the S.A.F.E. Mortgage Licensing Act of 2008 ( 12 U.S.C. 5103 ) is amended by adding at the end the following: (c) Exception for seller financers The requirements of this title shall not apply to any person (other than a depository institution) who— (1) has less than $25,000,000 in assets; and (2) only originates residential mortgage loans that— (A) are with respect to property that is owned by such person; and (B) are in an amount of $150,000 or less. . (b) Debt-to-Income ratios under qualified mortgages Section 129C(b)(2)(A) of the Truth in Lending Act ( 15 U.S.C. 1639c(b)(2)(A) ) is amended by inserting at the end the following flush-left text: In determining whether a residential mortgage loan is a qualified mortgage, guidelines and regulations issued pursuant to clause (vi) shall not apply to a loan originated by a person (other than a depository institution (as defined under section 3 of the Federal Deposit Insurance Act) or a credit union) who has less than $25,000,000 in assets and where such loan is with respect to property that is owned by such person and such loan is in an amount of $150,000 or less. .
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113-hr-5668
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I 113th CONGRESS 2d Session H. R. 5668 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Yoho (for himself, Mr. Poe of Texas , Mr. Collins of Georgia , Mr. Weber of Texas , Mr. Broun of Georgia , Mr. Franks of Arizona , Mr. Perry , Mr. Coffman , Mr. Fleming , Mr. Posey , and Mr. Harris ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To suspend the provision of United States foreign assistance to the Palestinian Authority, and for other purposes.
1. Short title This Act may be cited as the Foreign Assistance Accountability Act of 2014 . 2. Findings Congress finds the following: (1) Since fiscal year 2008, the annual regular-year United States bilateral assistance to the West Bank and Gaza Strip has averaged approximately $500 million per fiscal year, including annual averages of approximately $200 million in direct budgetary assistance and $100 million in non-lethal security assistance for the Palestinian Authority in the West Bank. (2) The Government Accountability Office has found some glaring insufficiencies in the vetting process of the foreign aid grants to the Palestinian Authority and as such it is very easy for United States foreign aid dollars to be used to provide a monthly stipend for accused terrorists. (3) The Palestinian Authority Government Resolutions 21 and 23 (2010) codified into law a longstanding Palestinian Authority practice of providing a monthly salary to anyone imprisoned in the occupation’s [Israel’s] prisons as a result of his participation in the struggle against the occupation. . (4) According to the Palestinian Authority’s definition, more than 4,500 Palestinian prisoners as of December 2012 are serving time for terror-related offenses and are recipients of salaries allocated from the Palestinian Authority’s general salary budget that range from 2,400 to 12,000 shekels ($680 to $3,400) per month. 3. Suspension of United States foreign assistance to the Palestinian Authority (a) Suspension Notwithstanding any other provision of law, beginning on the date of the enactment of this Act, the President shall suspend the provision of United States foreign assistance to the Palestinian Authority. (b) Reinstatement (1) In general The President may reinstate the provision of United States foreign assistance to the Palestinian Authority that is suspended under subsection (a) if the President determines that the Palestinian Authority has taken sufficient action to stop providing funds or rewards to terrorist organizations and working with terrorist organizations, including Hamas. (2) Consultation The President shall consult with Congress regarding the matters described in paragraph (1) prior to making a determination under paragraph (1). 4. Report The President shall submit to Congress on an annual basis a report on matters relating to this Act, including documentation on the extent to which the Palestinian Authority works with or otherwise supports terrorist organizations.
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113-hr-5669
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I 113th CONGRESS 2d Session H. R. 5669 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Yoho introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to provide for the loss of nationality by native-born or naturalized citizens due to affiliation with designated foreign terrorist organizations.
1. Short title This Act may be cited as the Terrorist Nationality Act of 2014 . 2. Loss of nationality by native-born or naturalized citizens due to affiliation with designated foreign terrorist organizations Section 349(a) of the Immigration and Nationality Act ( 8 U.S.C. 1481(a) ) is amended— (1) in paragraph (2), by inserting after political subdivision thereof the following: or a foreign terrorist organization ; (2) in paragraph (3)— (A) by inserting before armed forces of a foreign state the following: a foreign terrorist organization or ; and (B) by striking (A) such armed forces are engaged in hostilities against the United States and inserting the following: (A) such armed forces or foreign terrorist organizations are engaged in hostilities or acts of terror against the United States or nationals of the United States ; (3) in paragraph (7), by striking the period at the end and inserting the following: ; or ; and (4) by inserting after paragraph (7) the following: (8) becoming a member of, or providing training or material assistance to, any foreign terrorist organization that such person knows, or has reason to know— (A) will engage in hostilities against the United States; or (B) will commit acts of terror against the United States or nationals of the United States. .
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113-hr-5670
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I 113th CONGRESS 2d Session H. R. 5670 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Yoho (for himself, Mr. Murphy of Florida , Ms. Ros-Lehtinen , Mr. Grayson , Mr. Collins of New York , Mr. Rice of South Carolina , Mr. Jolly , Mr. Rodney Davis of Illinois , Ms. Brown of Florida , Ms. Wasserman Schultz , Ms. Wilson of Florida , Mr. Hastings of Florida , Mr. Stockman , Mr. Weber of Texas , Mr. Diaz-Balart , Mr. Southerland , and Mr. Bilirakis ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To require the Secretary of the Treasury to implement security measures in the electronic tax return filing process to prevent tax refund fraud from being perpetrated with electronic identity theft.
1. Implementation of security measures in electronic tax return filing process to prevent tax refund fraud The Secretary of the Treasury, or the Secretary’s designee, shall implement security measures in the electronic tax return filing process designed to prevent tax refund fraud from being perpetrated through the use of electronic identity theft. Such measures shall include the use of security questions which allow for electronic matching of the answers to such questions to establish the identity of the taxpayer before the electronic filing of a tax return by such taxpayer.
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113-hr-5671
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I 113th CONGRESS 2d Session H. R. 5671 IN THE HOUSE OF REPRESENTATIVES September 18, 2014 Mr. Young of Alaska introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Indian Employment, Training and Related Services Demonstration Act of 1992 to facilitate the ability of Indian tribes to integrate the employment, training, and related services from diverse Federal sources, and for other purposes.
1. Short title This Act may be cited as the Indian Employment, Training and Related Services Consolidation Act of 2014 . 2. Amendment of short title (a) In general Section 1 of the Indian Employment, Training and Related Services Demonstration Act of 1992 (25 U.S.C. 3401 note; 106 Stat. 2302) is amended to read as follows: 1. Short title This Act may be cited as the Indian Employment, Training and Related Services Act of 1992 . . (b) References Any reference in law to the Indian Employment, Training and Related Services Demonstration Act of 1992 shall be deemed to be a reference to the Indian Employment, Training and Related Services Act of 1992 . 3. Statement of purpose Section 2 of the Indian Employment, Training and Related Services Act of 1992 ( 25 U.S.C. 3401 ) is amended— (1) by striking The purposes of this Act are to demonstrate how Indian tribal governments can and inserting The purpose of this Act is to facilitate the ability of Indian tribes and tribal organizations to ; (2) by inserting from diverse Federal sources after they provide ; (3) by striking and serve tribally-determined and inserting , and serve tribally determined ; and (4) by inserting , while reducing administrative, reporting, and accounting costs after policy of self-determination . 4. Definitions Section 3 of the Indian Employment, Training and Related Services Act of 1992 ( 25 U.S.C. 3402 ) is amended— (1) by striking paragraph (2) and inserting the following: (2) Indian tribe (A) In general The terms Indian tribe and tribe have the meaning given the term Indian tribe in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). (B) Inclusion The term Indian tribe includes tribal organizations (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b )). ; (2) by redesignating paragraph (4) as paragraph (5); and (3) by inserting after paragraph (3) the following: (4) Program The term program means a program described in section 5(a). . 5. Integration of services authorized Section 4 of the Indian Employment, Training and Related Services Act of 1992 ( 25 U.S.C. 3403 ) is amended to read as follows: 4. Integration of services authorized The Secretary shall, after approving a plan submitted by an Indian tribe in accordance with section 8, authorize the Indian tribe to, in accordance with the plan— (1) integrate the programs and Federal funds received by the Indian tribe; and (2) coordinate the employment, training, and related services provided with those funds in a consolidated and comprehensive tribal plan. . 6. Programs affected and transfer of funds Section 5 of the Indian Employment, Training and Related Services Act of 1992 ( 25 U.S.C. 3404 ) is amended to read as follows: 5. Programs affected (a) Programs affected (1) In general The programs that may be integrated pursuant to a plan approved under section 8 shall be only programs— (A) implemented for the purpose of— (i) job training; (ii) welfare to work and tribal work experience; (iii) creating or enhancing employment opportunities; (iv) higher education; (v) skill development; (vi) assisting Indian youth and adults to succeed in the workforce; (vii) encouraging self-sufficiency; (viii) familiarizing individual participants with the world of work; (ix) facilitating the creation of job opportunities; (x) economic development; or (xi) any services related to the activities described in clauses (i) through (x); and (B) under which an Indian tribe or members of an Indian tribe— (i) are eligible to receive funds— (I) under a statutory or administrative formula making funds available to an Indian tribe; or (II) due to their status as Indians under Federal law; or (ii) have secured funds as a result of a competitive process, a noncompetitive process, or a specific designation. (2) Treatment of block grant funds For purposes of this section, programs funded by block grant funds provided to an Indian tribe, regardless of whether the block grant is for the benefit of the Indian tribe because of the status of the Indian tribe or the status of the beneficiaries the grant serves, shall be eligible to be integrated into the plan. (b) Inventory of affected programs (1) In general The Comptroller General of the United States shall— (A) assess the programs of the Department of the Interior, the Department of Health and Human Services, the Department of Labor, the Department of Justice, the Department of Agriculture, the Department of Commerce, the Department of Education, the Department of Energy, the Department of Homeland Security, the Department of Housing and Urban Development, the Department of Transportation, and the Department of Veterans Affairs; and (B) not later than 180 days after the date of enactment of this subsection, develop an inventory of all programs of the departments referred to in subparagraph (A) that meet the criteria of a program under subsection (a). (2) Inclusion of programs in tribal plan Notwithstanding any other provision of law, an Indian tribe may include in the plan— (A) any program identified by the Comptroller General of the United States in the inventory under paragraph (1); and (B) any program not identified by the Comptroller General of the United States in the inventory under paragraph (1) at the discretion of the Secretary. . 7. Plan requirements Section 6 of the Indian Employment, Training and Related Services Act of 1992 ( 25 U.S.C. 3405 ) is amended to read as follows: 6. Plan requirements A plan submitted to the Secretary for approval under this Act shall— (1) identify the programs to be integrated and consolidated; (2) be consistent with the purposes of this Act; (3) describe— (A) a comprehensive strategy identifying the full range of potential employment opportunities on and near the service area of the Indian tribe; (B) the education, training, and related services to be provided to assist Indians to access those employment opportunities; (C) the way in which services and program funds are to be integrated, consolidated, and delivered; and (D) the results expected from the plan; (4) identify the projected expenditures under the plan in a single budget covering all consolidated funds; (5) identify any agency of the Indian tribe to be involved in the delivery of the services integrated under the plan; (6) identify any statutory provisions, regulations, policies, or procedures that the Indian tribe believes need to be waived to implement the plan; and (7) be approved by the governing body of the Indian tribe. . 8. Plan review; waiver authority; and dispute resolution Section 7 of the Indian Employment, Training and Related Services Act of 1992 ( 25 U.S.C. 3406 ) is amended to read as follows: (a) In general Upon receipt of a plan from an Indian tribe, the Secretary shall consult with— (1) the head of each Federal agency overseeing a program identified in the plan; and (2) the Indian tribe that submitted the plan. (b) Identification of waivers The parties identified in subsection (a) shall identify any waivers of applicable statutory, regulatory, or administrative requirements, or of Federal agency policies or procedures necessary to enable the Indian tribe to efficiently implement the plan. (c) Tribal waiver request In consultation with the Secretary, a participating Indian tribe may request that the head of each affected agency waive any statutory, regulatory, or administrative requirement, policy, or procedure identified subsection (b). (d) Waiver authority (1) In general Except as provided in paragraph (2), notwithstanding any other provision of law, the head of each affected Federal agency shall waive any applicable statutory, regulatory, or administrative requirement, regulation, policy, or procedure promulgated by the agency that has been identified by the parties under subparagraph (b). (2) Exception The head of an affected Federal agency shall not grant a waiver under paragraph (1) if the head of the affected agency determines that a waiver will be inconsistent with— (A) the purposes of this Act; or (B) the provision of law from which the program included in the plan derives its authority that is specifically applicable to Indians. (e) Decision on waiver request (1) In general Not later than 90 days after the head of an affected agency receives a waiver request, the head of the affected agency shall decide whether to grant or deny the request. (2) Denial of request If the head of the affected agency denies a waiver request, not later than 30 days after the date on which the denial is made, the head of the affected agency shall provide the requesting Indian tribe and the Secretary with written notice of the denial and the reasons for the denial. (3) Failure to Act on request If the head of an affected agency does not make a decision under paragraph (1) by the deadline identified in that paragraph, the request shall be considered to be granted. (f) Secretarial review If the head of an affected agency denies a waiver request under subsection (e)(2), not later than 30 days after the date on which the request is denied, the Secretary shall review the denial and determine whether granting the waiver— (1) will be inconsistent with the provisions of this Act; or (2) will prevent the affected agency from fulfilling the obligations of the affected agency under this Act. (g) Interagency dispute resolution (1) In general Not later than 30 days after the date on which the Secretary determines that granting the waiver will not be inconsistent with the provisions of this Act and will not prevent the affected agency from fulfilling the obligations of the affected agency under this Act, the Secretary shall establish and initiate an interagency dispute resolution process involving— (A) the Secretary; (B) the participating Indian tribe; and (C) the head of the affected agency. (2) Duration A dispute subject to paragraph (1) shall be resolved not later than 30 days after the date on which the process is initiated. (h) Final authority If the dispute resolution process fails to resolve the dispute between a participating Indian tribe and an affected agency, the head of the affected agency shall have the final authority to resolve the dispute. (i) Final decision Not later than 10 days after the date on which the dispute is resolved under this section, the Secretary shall provide the requesting Indian tribe with— (1) the final decision on the waiver request; and (2) notice of the right to file an appeal in accordance with the applicable provisions described in section 8(d). . 9. Plan approval; secretarial authority; review of decision Section 8 of the Indian Employment, Training and Related Services Act of 1992 ( 25 U.S.C. 3407 ) is amended to read as follows: 8. Plan approval; secretarial authority; review of decision (a) In general The Secretary shall have exclusive authority to approve or disapprove a plan submitted by an Indian tribe in accordance with section 6. (b) Approval process (1) In general Not later than 90 days after the date on which the Secretary receives a plan, the Secretary shall approve or deny the plan. (2) Approval If the Secretary approves a plan under paragraph (1), the Secretary shall authorize the transfer of program funds identified in the plan in accordance with section 13. (3) Denial If the Secretary denies the plan under paragraph (1), the Secretary shall provide to the Indian tribe a written notification of disapproval of the plan that contains a specific finding that clearly demonstrates, or that is supported by a controlling legal authority, that the plan does not meet the requirements described in section 6. (4) Partial Approval (A) In general If a plan is denied under paragraph (3) solely on the basis that a request for a waiver that is part of the plan has not been approved (or is subject to dispute resolution) under section 7, the Secretary shall, upon a request from the tribe, grant partial approval for those portions of the plan not affected by the request for a waiver. (B) Approval after resolution With respect to a plan described in subparagraph (A), on resolution of the request for a waiver under section 7, the Secretary shall, on a request from the tribe, approve the plan or amended plan not later than 90 days after the date on which the Secretary receives the request. (5) Failure to Act If the Secretary does not make a decision under paragraph (1) within 90 days of the date on which the Secretary receives the plan, the plan shall be considered to be approved. (c) Extension of time Notwithstanding any other provision of law, the Secretary may extend or otherwise alter the 90-day period identified in subsection (b)(1) for not more than 90 additional days, if, before the expiration of the period, the Secretary obtains the express written consent of the Indian tribe. (d) Review of denial (1) Procedure upon refusal to approve plan If the Secretary denies a plan under subsection (b)(3), the Secretary shall— (A) state any objections in writing to the Indian tribe; (B) provide assistance to the Indian tribe to overcome the stated objections; and (C) unless the Indian tribe brings a civil action under paragraph (2), provide the Indian tribe with a hearing on the record with the right to engage in full discovery relevant to any issue raised in the matter and the opportunity for appeal on the objections raised, under such rules and regulations as the Secretary may promulgate. (2) Civil actions; concurrent jurisdiction; relief (A) In general The district courts of the United States shall have original jurisdiction of a civil action or claim against the appropriate Secretary arising under this section and over any civil action or claim against the Secretary for money damages arising under contracts authorized by this section. (B) Administrative hearing and appeal not required An Indian tribe may bring a civil action or claim under this paragraph without regard to whether the Indian tribe had a hearing or filed an appeal under paragraph (1). (C) Relief In an action brought under this paragraph, the court may order appropriate relief, including— (i) money damages; (ii) injunctive relief against any action by an officer or employee of the United States or any agency thereof contrary to this Act or regulations promulgated thereunder (including immediate injunctive relief to reverse a denial of a plan under this section or to compel the Secretary to approve a plan); and (iii) a writ of mandamus to compel an officer or employee of the United States, or any agency thereof, to perform a duty provided under this Act or regulations promulgated hereunder. (3) Burden of proof at hearing or appeal declining contract; final agency action (A) In general With respect to any hearing or appeal conducted under paragraph (1)(C) or any civil action brought under paragraph (2), the Secretary shall have the burden of proving by clear and convincing evidence the validity of the grounds for denying approval of a plan (or portion thereof). (B) Agency action Notwithstanding any other provision of law, a decision by an official of the Department of the Interior or the Department of Health and Human Services, as appropriate (collectively referred to in this paragraph as the Department ) that constitutes final agency action and that relates to an appeal within the Department that is conducted under paragraph (1)(C) shall be made— (i) by an official of the Department who holds a position at a higher organizational level within the Department than the level of the departmental agency (such as the Indian Health Service or the Bureau of Indian Affairs) in which the decision that is the subject of the appeal was made; or (ii) by an administrative judge. (4) Application of laws to administrative appeals Section 504 of title 5, United States Code, and section 2412 of title 28, United States Code, shall apply to any administrative appeals pending on or filed after October 5, 1988, by an Indian tribe regarding a plan under this Act. . 10. Employer training placements Section 10 of the Indian Employment, Training and Related Services Act of 1992 ( 25 U.S.C. 3409 ) is amended to read as follows: 10. Employer training placements (a) In general Subject to subsection (b), an Indian tribe that has in place an approved plan under this Act may use the funds made available for the plan under this Act— (1) to place participants in training positions with employers; and (2) to pay the participants a training allowance or wage for a training period of not more than 24 months, which may be nonconsecutive. (b) Requirements An Indian tribe may carry out subsection (a) only if the Indian tribe enters into a written agreement with each applicable employer under which the employer shall agree— (1) to provide on-the-job training to the participants; and (2) on satisfactory completion of the training period described in subsection (a)(2), to prioritize the provision of permanent employment to the participants. . 11. Federal responsibilities Section 11 of the Indian Employment, Training and Related Services Act of 1992 ( 25 U.S.C. 3410 ) is amended to read as follows: 11. Federal responsibilities (a) Lead agency (1) In general Notwithstanding any other provision of law, the lead agency responsible for implementation of this Act shall be the Bureau of Indian Affairs. (2) Inclusions The responsibilities of the Director of the Bureau of Indian Affairs in carrying out this Act shall include— (A) the development of a single model report for each Indian tribe that has in place an approved plan under this Act to submit to the Director reports on any consolidated activities undertaken and joint expenditures made under the plan; (B) the provision, directly or through contract, of appropriate voluntary and technical assistance to participating Indian tribes; (C) the development and use of a single monitoring and oversight system for plans approved under this Act; (D) (i) the receipt of all funds covered by a plan approved under this Act; and (ii) the distribution of the funds to the respective Indian tribes by not later than 45 days after the date of receipt of the funds from the appropriate Federal department or agency; and (E) (i) the performance of activities described in section 7 relating to agency waivers; and (ii) the establishment of an interagency dispute resolution process. (3) Memorandum of agreement (A) In general Not later than 1 year after the date of enactment of the Indian Employment, Training and Related Services Consolidation Act of 2014 , the Secretary (acting through the Director of the Bureau of Indian Affairs), in conjunction with the Secretaries of Agriculture, Commerce, Education, Energy, Health and Human Services, Homeland Security, Housing and Urban Development, Labor, Transportation, and Veterans Affairs and the Attorney General, shall enter into an interdepartmental memorandum of agreement providing for the implementation of this Act. (B) Inclusions The memorandum of agreement under subparagraph (A) shall include provisions relating to— (i) an annual meeting of participating Indian tribes and Federal departments and agencies, to be co-chaired by— (I) a representative of the President; and (II) a representative of the participating Indian tribes; (ii) an annual review of the achievements under this Act and any statutory, regulatory, administrative, or policy obstacles that prevent participating Indian tribes from fully and efficiently carrying out the purposes of this Act; and (iii) a forum comprised of participating Indian tribes and Federal departments and agencies to identify and resolve interagency conflicts and conflicts between the Federal Government and Indian tribes in the administration of this Act. (b) Report format (1) In general The lead agency shall develop and distribute to Indian tribes that have in place an approved plan under this Act a single report format, in accordance with the requirements of this Act. (2) Requirements The lead agency shall ensure that the report format developed under paragraph (1), together with records maintained by each participating Indian tribe, contains information sufficient— (A) to determine whether the Indian tribe has complied with the requirements of the approved plan of the Indian tribe; and (B) to provide assurances to the head of each applicable Federal department or agency that the Indian tribe has complied with all directly applicable statutory and regulatory requirements not waived under section 7. (3) Limitation The report format developed under paragraph (1) shall not require a participating Indian tribe to report on the expenditure of funds (expressed by fund source or single agency code) transferred to the Indian tribe under an approved plan under this Act. . 12. No reduction in amounts Section 12 of the Indian Employment, Training and Related Services Act of 1992 ( 25 U.S.C. 3411 ) is amended to read as follows: 12. No reduction in amounts (a) In general In no case shall the amount of Federal funds available to an Indian tribe that has in place an approved plan under this Act be reduced as a result of— (1) the enactment of this Act; or (2) the approval or implementation of a plan of an Indian tribe under this Act. (b) Interaction with other laws The inclusion of a program in a tribal plan under this Act shall not— (1) modify, limit, or otherwise affect the eligibility of the program for contracting under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450 et seq. ); or (2) eliminate the applicability of any provision of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450 et seq. ), as the provision relates to a specific program eligible for contracting under that Act. . 13. Transfer of funds Section 13 of the Indian Employment, Training and Related Services Act of 1992 ( 25 U.S.C. 3412 ) is amended to read as follows: 13. Transfer of funds (a) In general Notwithstanding any other provision of law, not later than 30 days after the date of apportionment to the applicable Federal department or agency, the head of a Federal agency overseeing a program identified in a plan approved under this Act shall transfer to the Director of the Bureau of Indian Affairs for distribution to an Indian tribe any funds identified in the approved plan of the Indian tribe. (b) Transfer of funds Notwithstanding any other provision of law, at the request of the Indian tribe, all program funds transferred to an Indian tribe in accordance with the approved plan of the Indian tribe shall be transferred to the Indian tribe pursuant to an existing contract, compact, or funding agreement awarded pursuant to title I or IV of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.). . 14. Administration of funds Section 14 of the Indian Employment, Training and Related Services Act of 1992 ( 25 U.S.C. 3413 ) is amended— (1) by redesignating subsection (b) as subsection (e); (2) by striking the section designation and heading and all that follows through subsection (a) and inserting the following: 14. Administration of funds (a) Requirements (1) In general (A) Consolidation and reallocation of funds Notwithstanding any other provision of law, all amounts transferred to a tribe pursuant to an approved plan may be consolidated, reallocated, and rebudgeted as specified in the approved plan to best meet the employment, training, and related needs of the local community served by the Indian tribe. (B) Authorized use of funds The amounts used to carry out a plan approved under this Act shall be administered in such manner as the Secretary determines to be appropriate to ensure the amounts are spent on activities authorized under the approved plan. (C) Effect Nothing in this section interferes with the ability of the Secretary or the lead agency to use accounting procedures that conform to generally accepted accounting principles, auditing procedures, and safeguarding of funds that conform to chapter 75 of title 31, United States Code (commonly known as the Single Audit Act of 1984 ). (2) Separate records and audits not required Notwithstanding any other provision of law (including regulations and circulars of any agency (including Office of Management and Budget Circular A–133)), an Indian tribe that has in place an approved plan under this Act shall not be required— (A) to maintain separate records that trace any service or activity conducted under the approved plan to the program for which the funds were initially authorized or transferred; (B) to allocate expenditures among such a program; or (C) to audit expenditures by the original source of the program. (b) Carryover (1) In general Any funds transferred to an Indian tribe under this Act that are not obligated or expended prior to the beginning of the fiscal year after the fiscal year for which the funds were appropriated shall remain available for obligation or expenditure without fiscal year limitation, subject to the condition that the funds shall be obligated or expended in accordance with the approved plan of the Indian tribe. (2) No additional documentation The Indian tribe shall not be required to provide any additional justification or documentation of the purposes of the approved plan as a condition of receiving or expending the funds. (c) Indirect costs Notwithstanding any other provision of law, an Indian tribe shall be entitled to recover 100 percent of any indirect costs incurred by the Indian tribe as a result of the transfer of funds to the Indian tribe under this Act. ; and (3) in subsection (e) (as redesignated by paragraph (1))— (A) by striking All administrative and inserting the following: (1) In general All administrative ; and (B) by striking regulations) and all that follows through the end of the subsection and inserting the following: regulations). (2) Treatment The amount equal to the difference between the amount of the commingled funds and the actual administrative cost of the programs, as described in paragraph (1), shall be considered to be properly spent for Federal audit purposes if the amount is used to achieve the purposes of this Act. (e) Matching Funds Notwithstanding any other provision of law, any funds transferred to an Indian tribe under this Act shall be treated as non-Federal funds for purposes of meeting matching requirements under any other Federal law. (f) Claims The following provisions of law shall apply to plans approved under this Act: (1) Section 314 of the Department of the Interior and Related Agencies Appropriations Act, 1991 (Public Law 101–512; 104 Stat. 1959). (2) Chapter 171 of title 28 (commonly known as the Federal Tort Claims Act ). (g) Interest or other income (1) In general An Indian tribe shall be entitled to retain interest earned on any funds transferred to the tribe under an approved plan and such interest shall not diminish the amount of funds the Indian tribe is authorized to receive under the plan in the year the interest is earned or in any subsequent fiscal year. (2) Prudent investment Funds transferred under a plan shall be managed in accordance with the prudent investment standard. . 15. Labor market information on Indian work force Section 17(a) of the Indian Employment, Training and Related Services Act of 1992 (25 U.S.C. 3416(a)) is amended in the first sentence— (1) by striking The Secretary and all that follows through manner, and inserting The Secretary of Labor, in consultation with the Secretary, Indian tribes, and the Director of the Bureau of the Census, shall ; and (2) by striking , by gender, . 16. Repeals; conforming amendments (a) Repeals Sections 15 and 16 of the Indian Employment, Training and Related Services Act of 1992 (25 U.S.C. 3414, 3415) are repealed. (b) Conforming amendments Sections 17 and 18 of the Indian Employment, Training and Related Services Act of 1992 (25 U.S.C. 3416, 3417) (as amended by this Act) are redesignated as sections 15 and 16, respectively. 17. Effect of Act Nothing in this Act or any amendment made by this Act— (1) affects any plan approved under the Indian Employment, Training and Related Services Act of 1992 ( 25 U.S.C. 3401 et seq. ) (as so redesignated) before the date of enactment of this Act; (2) requires any Indian tribe or tribal organization to resubmit a plan described in paragraph (1); or (3) modifies the effective period of any plan described in paragraph (1).
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https://www.govinfo.gov/content/pkg/BILLS-113hr5671ih/xml/BILLS-113hr5671ih.xml
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113-hr-5672
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I 113th CONGRESS 2d Session H. R. 5672 IN THE HOUSE OF REPRESENTATIVES September 19, 2014 Ms. Foxx (for herself and Mr. Bishop of New York ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to allow rollovers from other retirement plans into simple retirement accounts.
1. Rollovers permitted from other retirement plans into simple retirement accounts (a) In general Subparagraph (B) of section 408(p)(1) of the Internal Revenue Code of 1986 is amended by inserting except in the case of a rollover contribution described in subsection (d)(3)(G) or a rollover contribution otherwise described in subsection (d)(3) or in section 402(c), 403(a)(4), 403(b)(8), or 457(e)(16) which is made after the 2-year period described in section 72(t)(6), before with respect to which the only contributions allowed . (b) Effective date The amendments made by this section shall apply to contributions made after the date of the enactment of this Act.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5672ih/xml/BILLS-113hr5672ih.xml
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113-hr-5673
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I 113th CONGRESS 2d Session H. R. 5673 IN THE HOUSE OF REPRESENTATIVES September 19, 2014 Mrs. Ellmers introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committee on Foreign Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To direct the Secretary of the Treasury to establish a program to reimburse States and political subdivisions of States for expenses related to the presence of aliens having no lawful immigration status, and for other purposes.
1. Short title This Act may be cited as the Accountability in Foreign Aid Act of 2014 . 2. Reimbursement for States and political subdivisions (a) In general The Secretary of the Treasury shall establish a program for the purpose of reimbursing States, and political subdivisions of States, for expenses required to be incurred and related to the presence within the geographical area of the State or political subdivision of aliens having no lawful immigration status in the United States. (b) Expenses described The expenses described in subsection (a) shall include expenses such as the following: (1) Public elementary and secondary education. (2) Incarceration and detention. (3) Public benefits described in section 411(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1621(b) ). (c) Exceptions Expenses are not reimbursable under this section if the Secretary of the Treasury determines that— (1) the State or political subdivision has failed to submit sufficient documents, statements, or records necessary to support the request for reimbursement; (2) the State or political subdivision otherwise has been substantially compensated for the expenses; or (3) such compensation will be forthcoming in a reasonable period of time. (d) Public elementary and secondary education (1) In general Compensation for a local educational agency under subsection (b)(1) shall be based on— (A) the number of children having no lawful immigration status in the United States who were in average daily attendance during the preceding school year at the schools of such agency and for whom such agency provided a free public education; multiplied by (B) the average per-pupil expenditure of the State in which the local educational agency is located. (2) Definitions For purposes of this subsection, the terms average daily attendance , average per-pupil expenditure , free public education , and local educational agency have the meanings given such terms in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (e) Incarceration and detention Compensation under subsection (b)(2) shall be the average cost of incarceration of a prisoner in the relevant State, as determined by the Attorney General. (f) Applications (1) State applications A State desiring to receive reimbursement for expenses required to be incurred by the State and related to the presence within the geographical area of the State of aliens having no lawful immigration status in the United States shall submit an application for such payment to the Secretary of the Treasury. Such application shall be submitted not later than September 30 of each year. (2) Local applications A political subdivision of a State desiring to receive reimbursement for expenses required to be incurred by the political subdivision and related to the presence within the geographical area of the political subdivision of aliens having no lawful immigration status in the United States shall submit an application for such payment to the State. Subject to verification (as determined necessary by the State), the State shall include such local expenses in the State application submitted under paragraph (1). The Governor of the State shall establish deadlines for the submission of local applications under this paragraph, and shall distribute all funds received from the Secretary of the Treasury on behalf of a political subdivision of a State to the political subdivision. (g) Insufficient appropriations (1) In general If the amount made available to carry out this section for a fiscal year is insufficient to pay the full amount determined by the Secretary of the Treasury to be due to all States for the year, the Secretary shall ratably reduce the payment to each State. (2) Resubmission If a State or political subdivision of a State does not receive reimbursement for any expense due to a reduction made under paragraph (1), the State or political subdivision may resubmit documentation for the succeeding fiscal year demonstrating the validity of the claimed amount and that the amount has not yet been reimbursed from any other source. (h) Confidentiality of information (1) In general In carrying out this section, the Secretary of the Treasury shall not— (A) make any publication whereby the information furnished by any particular alien can be identified; or (B) permit anyone other than the sworn officers and employees of the Department of the Treasury to examine individually identifiable information. (2) Immigration officials Except as provided in this subsection, the Secretary of Homeland Security, the Attorney General, the Secretary of State, any other official or employee of the Department of Homeland Security, the Department of Justice, or the Department of State, or any bureau or agency thereof, shall not use information collected or furnished in support of requests for reimbursement under this section for any purpose. (3) Required disclosures The Secretary of the Treasury shall provide the information furnished under this section, and any other information derived from such furnished information, to a duly recognized law enforcement entity in connection with a criminal investigation or prosecution of fraud or other malfeasance under this section, when such information is requested in writing by such entity. (i) Verification of immigration status of aliens Notwithstanding any other provision of law, when used for purposes of establishing or demonstrating eligibility for reimbursement under this section, the head of each State or local public agency that incurs costs in connection with a benefit or service provided to an alien may use the immigration status verification system of such agency or the Systematic Alien Verification For Entitlements Program (SAVE) of the Department of Homeland Security to determine the immigration status of such alien. 3. Transfer of funds 15 percent of any discretionary amounts made available for each of fiscal years 2016 through 2021 for the Department of State, Foreign Operations, and Related Programs (other than amounts made available for Bilateral Economic Assistance—Funds Appropriated to the President—Global Health Programs and Department of State—Nonproliferation, Anti-Terrorism, Demining and Related Programs ) for foreign assistance shall be made available to the Secretary of the Treasury to carry out section 2 of this Act for a 90-day period beginning on the date of the enactment of each Act appropriating such amounts.
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113-hr-5674
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I 113th CONGRESS 2d Session H. R. 5674 IN THE HOUSE OF REPRESENTATIVES September 19, 2014 Mr. Himes introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To provide for higher education reform.
1. Short title This Act may be cited as the College Affordability and Innovation Act of 2014 . 2. Definitions In this Act: (1) Authorizing committees The term authorizing committees means the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives. (2) Secretary The term Secretary means the Secretary of Education. 3. Pilot program to promote innovation in higher education (a) Purpose; definition (1) Purpose The purpose of this section is to authorize an evidence-based grant program to promote greater experimentation among institutions of higher education to increase the level of student attainment of postsecondary and graduate certificates and degrees through innovative programs designed to decrease the cost and time required to complete postsecondary and graduate programs while improving the quality and effectiveness of postsecondary education programs, providing accelerated degree or certificate programs, and increasing on-time graduation rates. (2) Institution of higher education In this section, the term institution of higher education has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (b) Incentive grants for innovative programs that improve quality and affordability (1) In general (A) Grants The Secretary shall, for a 5-year award term, award grants to not more than 15 institutions of higher education, through a competitive process described in this section, to enable the institutions to carry out programs designed to graduate students with certificates or degrees at significantly lower costs for students and within shorter time periods than traditional programs while improving the quality and effectiveness of the programs. (B) Good standing requirement Only those institutions of higher education that are in good standing with the administration of their student assistance programs under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ) shall be eligible to receive grants under subparagraph (A). (2) Distribution of grant funds Grant payments shall be awarded with an initial distribution of 20 percent of the total grant amount, followed by a distribution of 10 percent of the total grant amount prior to the second, third, and fourth years of the program, and the remaining 50 percent of the total grant amount after the program receives its final satisfactory annual evaluation by the Secretary in accordance with subsection (f)(1). (3) Description of innovative programs The programs described under paragraph (1) shall include those that— (A) utilize online instruction, including distance education (as defined in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 )), or online interaction components, or online instruction integrated with classroom or in-person instruction; (B) utilize direct assessment programs, as described in section 481(b)(4) of the Higher Education Act of 1965 ( 20 U.S.C. 1088(b)(4) ), either within a comprehensive direct assessment program or integrated within another type of academic program; (C) utilize integration of experiential learning and design of customized programs of study, to promote completion or alignment with medium- and long-term employment needs; (D) allow students to be dually or concurrently enrolled in the postsecondary program and a secondary school, or a postsecondary program and a graduate program; or (E) utilize any other innovative, evidence-based method of postsecondary education that provides cost-effective, high-quality methods for instruction, student learning, and use of available technology-based resources, including hybrid models incorporating elements of the program types set forth in subparagraphs (A), (B), (C), and (D), and adaptive learning technologies. (c) Applications (1) In general An institution of higher education that desires to receive a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. (2) Contents An application submitted under paragraph (1) shall include— (A) a description of the institution’s quality assurances for the programs to be offered; (B) a description of the statutory and regulatory requirements for which a waiver is sought under subsection (e) and the reasons for which the waiver is sought; (C) a description of the programs to be offered; (D) a description of the students eligible for the programs offered, including any eligibility limitations; (E) an assurance that the institution will fully cooperate with the ongoing evaluations of the programs provided for in this section; (F) a description of how the proposed program will improve the quality of its postsecondary certificates or degrees, reduce tuition and other costs to students, and reduce enrollment time; (G) a description of the data (or any other evidence) that indicate that the programs to be offered will likely lead to the outcomes described in subparagraph (F); (H) a complete listing of the institution’s performance goals and measures regarding assessments of the quality of its postsecondary certificates or degrees, amount of tuition and costs charged to students, and the amount of enrollment time needed by students to complete the postsecondary certificates or degrees; and (I) any other information as the Secretary may require. (d) Awarding of grants (1) In general The Secretary shall award grants under this section to institutions of higher education for new or existing programs. (2) Priority In awarding grants under this section, the Secretary shall give priority to an institution of higher education that the Secretary determines— (A) is financially responsible, as described in section 498(c)(1) of the Higher Education Act of 1965 ( 20 U.S.C. 1099c(c)(1) ); (B) has a proven record of graduating students from the other programs of the institution; (C) has a proven record of graduates from the other programs of the institution securing full-time employment; (D) simultaneously addresses income-related inequalities in remedial education, college access, persistence rates, and graduation rates; (E) has support services in place, such as counseling, coaching, mentoring, and outreach, that are designed to assist all students in obtaining information and making decisions regarding financial aid, and degree or certificate likelihood of persistence and completion; (F) will serve low-income students, adult students aged 25 years and older, and part-time students; (G) will support programs that are replicable at a range of institutions of higher education if they are demonstrated to be successful; and (H) has presented the strongest evidence in support of their likely outcomes, as required under subsection (c)(2)(G). (3) Diverse populations In awarding grants under this section, the Secretary shall ensure the participation of diverse student populations, including rural and urban populations, and of a diverse range of institutions. (4) Publication of grantees The Secretary shall make available to the public and to the authorizing committees a list of the institutions of higher education awarded a grant under this section, including a listing of the specific statutory and regulatory requirements being waived for each institution and a description of the programs and courses to be offered. (e) Waivers (1) In general Except as provided under paragraph (2), with respect to institutions of higher education awarded grants under this section, the Secretary may waive— (A) subsection (a) or (b) of section 481 of the Higher Education Act of 1965 ( 20 U.S.C. 1088(a) and (b)), as such subsections relate to requirements for a minimum number of weeks of instruction; (B) subparagraph (A) or (B) of section 102(a)(3) of such Act ( 20 U.S.C. 1002(a)(3)(A) and (B)); (C) one or more of the regulations promulgated to carry out part F or G of title IV of such Act (20 U.S.C. 1087kk et seq. and 1088 et seq.), which inhibit the operation of innovative education programs; and (D) any other requirement under title IV of such Act ( 20 U.S.C. 1070 et seq. ) that will bias the results of the program, including a requirement related to the award process and disbursement of student financial aid (such as innovative delivery systems for modular or compressed courses or other innovative systems), or other management procedures or processes as determined in the negotiated rulemaking process under section 492 of such Act (20 U.S.C. 1098a), or regulations prescribed under such title. (2) Prohibition of waiver The Secretary shall not waive, pursuant to paragraph (1), any provision under the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ) or a regulation promulgated to carry out such Act with respect to award rules (other than an award rule related to an experiment in modular or compressed schedules), grant and loan maximum award amounts, and need analysis requirements, unless the waiver of such provision is authorized by another provision under such Act. (f) Evaluation and reports (1) Evaluation and accountability process The Secretary shall establish an evaluation and accountability process for the programs authorized under this section and shall administer such process on an annual basis. Such evaluations shall include— (A) the extent to which the institution of higher education has met the goals set forth in its application to the Secretary, including the quality of education provided by participating programs; (B) the number and types of students participating in the programs offered, including the progress of participating students toward recognized certificates or degrees; (C) issues related to student financial assistance; (D) the extent to which any statutory or regulatory requirements present difficulties for students or institutions in the participating programs; and (E) an analysis of the program’s progress with each of its objectives, including the number and rate of completion of participating students toward recognized certificates or degrees, prices charged to students, time required to complete the participating programs, on-time completion rates of participating students, and indicators of program quality. (2) Review The Secretary shall review policies and identify those policies that present impediments to the development and use of innovative programs and other nontraditional methods of expanding success and access to education. (3) Measures The Secretary shall establish measures to assess the quality of the education provided by participating programs under this section, including a minimum standard of quality that participating programs shall meet. (4) Reports The Secretary shall provide reports to the authorizing committees on an annual basis regarding— (A) the programs authorized under this section; and (B) the number and types of students receiving assistance under this section for instruction leading to a recognized degree or certificate, including the progress of such students toward recognized certificates and the degree to which participation in such programs leading to such certificates increased. (5) Duties of the secretary In conducting the program authorized under this section, the Secretary shall, on a continuing basis— (A) ensure compliance of institutions of higher education with the requirements of this section (other than the sections and regulations that are waived under subsection (e)); (B) provide technical assistance; (C) monitor fluctuations in the student population enrolled in the participating program; and (D) assess whether each participating program is improving the quality of postsecondary credentials and meeting the quality control measures set by the Secretary. (g) Consumer protection for students (1) Program termination If a program funded under this section terminates on its accord at any point during which the program is receiving funds under this section, or if the Secretary determines that the program does not meet the minimum standard of quality as required under subsection (f)(3)— (A) the institution of higher education administering the program shall provide immediate notice to students enrolled in the program and shall prepare a teach-out plan, as described in section 487(f) of the Higher Education Act of 1965 (20 U.S.C. 1094(f)); and (B) the Secretary shall— (i) ensure that— (I) no additional program funds are distributed to the program; and (II) the institution of higher education administering the program is in compliance with the notice and teach-out requirements under subparagraph (A); and (ii) assess a fine to an institution of higher education administering the program that is not in compliance with the notice and teach-out requirements under subparagraph (A). (2) Notice and disclosure for students An institution of higher education administering a participating program under this section shall provide notice to all students before they enroll in the participating program that such program is receiving grant funds under this section and may be terminated, as described in paragraph (1). (h) Final evaluation by third-Party reviewer (1) In general The Secretary shall direct an independent third-party evaluator to review all participating programs and conduct a final evaluation in order to determine the evidence of the effectiveness of each program in achieving its objectives with regard to the quality of the education provided, reducing the cost of the degree or certificate program, and shortening the amount of time needed to complete the degree or certificate program. (2) Evaluation methodology The independent third-party evaluator shall establish evaluation methodology in carrying out the final evaluation under paragraph (1). (3) Submission to authorizing committees The independent third-party evaluator shall publicize the final evaluation and submit such evaluation to the authorizing committees. (4) Funding Not more than 1 percent of the total amount appropriated to carry out this section may be used to carry out this subsection. (i) Authorization of appropriations There is authorized to be appropriated to carry out this section— (1) $260,000,000 for fiscal year 2015; and (2) such sums as may be necessary for each succeeding fiscal year. 4. Higher education accountability (a) Purpose; definition (1) In general The purpose of this section is to establish minimum institutional accountability standards that will be required of all institutions of higher education that receive funds or whose students receive funds pursuant to title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ) programs. The standards shall focus on affordability, accessibility for low- and middle-income students, and value. (2) Institution of higher education In this section: (A) In general The term institution of higher education means an institution of higher education described in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ), except as provided in subparagraphs (B) and (C). (B) Exception The term institution of higher education does not include institutions that solely offer graduate or professional degree programs of study. (C) Institutions To the extent an institution offers undergraduate programs of study and graduate or professional degree programs of study, for purposes of this section, the term institution of higher education with respect to such institutions shall only include the undergraduate programs of study. (b) Commission on higher education accountability standards (1) In general Not later than 90 days after the date of enactment of this Act, there shall be established a Commission on Higher Education Accountability Standards (referred to in this section as the Commission ) to make recommendations on a set of minimum accountability standards and the measures for assessing compliance with such standards for institutions of higher education that shall focus on affordability, access for low- and middle-income students, and value. (2) Composition of the Commission (A) In general Members of the Commission shall be appointed as follows: (i) 5 members shall be appointed by the Majority Leader of the Senate, with the concurrence of the Minority Leader of the Senate on 2 of such members. (ii) 5 members shall be appointed by the Majority Leader of the House of Representatives, with the concurrence of the Minority Leader of the House of Representatives on 2 of such members. (iii) 5 members shall be appointed by the Secretary, including at least 1 member from the National Center for Education Statistics and 1 member from the Federal Student Aid Office of the Department of Education. (iv) In the event that any member of the Commission has not been appointed during the 90-day period after the date of enactment of this Act, the Secretary shall appoint the remaining member in order to establish the Commission. (B) General qualifications Members of the Commission shall be appointed on the basis of the individuals’— (i) experience, integrity, impartiality, and good judgment; and (ii) except with respect to the undergraduate students, technical qualifications and professional standing. (C) Members of the commission Members appointed under subparagraph (A) shall be comprised of the following relevant stakeholders: (i) 2 undergraduate student leaders from different types of institutions of higher education. (ii) 2 members of national or regional student advocacy organizations with a track record of engagement and expertise on issues related to college costs and student debt. (iii) 1 consumer advocate or consumer protection expert with demonstrated knowledge of consumer protection issues related to undergraduate students. (iv) 2 representatives of faculty groups or associations with expertise related to higher education finance or governance. (v) 1 State government official with demonstrated knowledge of State budgeting and higher education funding. (vi) 3 administrative officers from various types of institutions of higher education, including at least 1 from a minority-serving institution. (vii) 1 higher education researcher. (viii) 1 State postsecondary education data system director. (ix) 1 member from the National Center for Education Statistics. (x) 1 member from the Federal Student Aid Office of the Department of Education. (3) Recommendations (A) In general The Commission shall make recommendations on a set of minimum accountability standards that institutions of higher education must meet with respect to affordability, accessibility, and value in order to receive funds or that the students of such institutions may receive funds pursuant to title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ) programs. The Commission shall also recommend measures and acceptable levels of performance on those measures to assess compliance with the minimum accountability standards. If the Commission cannot issue its recommendations by consensus, it shall issue its recommendations based on the views of a majority of the Commission. (B) Required measures The Commission shall include, at a minimum, the following measures as part of the minimum accountability standards it shall recommend: (i) Affordability The average or mean cost of tuition and other costs required for attendance after all institutional, Federal, and State grant aid is taken into account. (ii) Accessibility The percentage of the total number of enrolled students who are recipients of a Federal Pell Grant under subpart 1 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070a et seq. ). (iii) Value Student loan repayment rates. (C) Other measures The Commission shall make recommendations on additional measures to comprise the minimum accountability standards, including the following: (i) Affordability The Commission shall make recommendations on additional higher education affordability measures, including the appropriateness of the following: (I) The cost of tuition relative to the cost to the institution of educating a student and the institution’s administrative costs. (II) The percentage of institutional aid that is awarded on the basis of need, as opposed to merit. (III) Annual increases in tuition after taking into account all public subsidies. (ii) Accessibility The Commission shall make recommendations on higher education accessibility measures, including the appropriateness of the following: (I) Enrollment of low- and middle-income, underrepresented minorities, and adult students aged 25 and older. (II) Whether institutional policies on credit transfers meet industry standards by type of receiving institution. (iii) Value The Commission shall make recommendations on measures of higher education value, including the appropriateness of the following: (I) Student progress toward completion of a postsecondary degree or certificate. (II) Student completion of a postsecondary degree or certificate, including for transfer and part-time students, or where applicable, transfer rates to 4-year degree programs. (III) Student retention rates. (IV) Full-time employment and graduate degree enrollment rates after graduation. (4) Considerations The Commission shall take into account the differences in missions of institutions of higher education and ensure that institutions are held to standards that are appropriate for their mission. (5) Hearings and report (A) Hearings Not later than 6 months after the date of the appointment of the final member of the Commission, the Commission shall hold public field hearings in all regions of the United States. The Commission shall hold not fewer than 8 hearings. (B) Report Not later than 1 year after the date of the appointment of the final member of the Commission, the Commission shall prepare a report on the recommendations under paragraph (3) and submit the report to the Secretary and the authorizing committees. The report shall include the following: (i) Recommendations for minimum accountability standards and the measures for assessing compliance with those standards for every institution of higher education that receives funds or whose students receive funds pursuant to title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ) programs. The standards shall focus on affordability, access for low- and middle-income students, and value. The Commission shall recommend standards that are in accordance with the types of information that institutions of higher education are authorized to collect and report under the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ). (ii) Recommendations for applying the standards to institutions of higher education with different academic missions. (iii) Recommendations for periodic reevaluation of the standards and their efficacy by the Secretary. (iv) Recommendations for sharing institutions’ performance with respect to the standards with prospective students and conducting complementary consumer education for students. (v) Recommendations for the criteria the Secretary should use to reward institutions of higher education that meet and exceed the minimum accountability standards. (vi) Recommendations to Congress on reforms to statutory or regulatory limitations on the collection and availability of data that would improve the Secretary’s ability to assess institutions’ compliance with minimum standards of affordability, accessibility, and value. (6) Securing information The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out its duties under this section. The Commission may request the head of any State or local department or agency to furnish such information to the Commission. (7) Final standards (A) In general Not later than 1 year after receiving the report under paragraph (5), the Secretary shall publish a final rule on institutional accountability standards. The standards shall be determined by the Secretary after giving due consideration to the recommended standards provided by the Commission. The Secretary shall set forth in writing the reasons for any deviation from the Commission’s recommendations for any standard or measure and shall submit the written statement to the authorizing committees. (B) Required measures to be included In carrying out subparagraph (A), the Secretary shall include the measures described in subsection (b)(3)(B) that the Commission is required to include as part of its minimum accountability standards. (8) Assessment The Secretary shall annually assess compliance with the institutional accountability standards. On September 30 of the year following the publication of the final rule as required under paragraph (7) and every year thereafter, the Secretary shall publish a list of each institution of higher education that participates in title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) and the institution's level of compliance with the accountability standards. The list shall be made easily accessible to the public. (9) Implementation The Secretary shall establish procedures to implement this subsection, including procedures for effectively applying this subsection. (10) Termination The Commission shall terminate 60 days after the date on which the Commission submits the report under paragraph (5). (c) Incentivize improvement for below-Standard institutions (1) In general An institution of higher education that participates in title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ) programs and that does not meet the institutional accountability standards adopted under subsection (b)— (A) shall be deemed to be in probationary status; and (B) shall work with the Secretary to develop a plan for how the institution will achieve compliance not later than 5 years after the date of the determination of noncompliance. (2) Continuous improvement For each year following a determination that an institution of higher education does not meet the institutional accountability standards adopted under subsection (b), the institution shall demonstrate to the Secretary continuous improvement in following its plan to achieve compliance. (3) Failure to make continuous improvement (A) In general (i) 2 years out If an institution of higher education does not show continuous improvement 2 years after a determination that it does not meet the institutional accountability standards adopted under subsection (b), the institution shall pay to the Secretary an amount equal to 10 percent of the total amount of funds made available under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) to students in attendance with an undergraduate enrollment status at the institution during the prior academic year, to be deposited into the fund described in subparagraph (C). (ii) 3 years out If an institution of higher education does not show continuous improvement 3 years after a determination that it does not meet the institutional accountability standards adopted under subsection (b), the institution shall pay to the Secretary an amount equal to 20 percent of the total amount of funds made available under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) to students in attendance with an undergraduate enrollment status at the institution during the prior academic year, to be deposited into the fund described in subparagraph (C). (iii) 4 years out If an institution of higher education does not show continuous improvement 4 years after a determination that it does not meet the institutional accountability standards adopted under subsection (b), the institution shall pay to the Secretary an amount equal to 30 percent of the total amount of funds made available under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) to students in attendance with an undergraduate enrollment status at the institution during the prior academic year, to be deposited into the fund described in subparagraph (C). (B) Waiver and payment plan (i) Waiver The Secretary may waive a requirement of an institution of higher education paying the amount owed pursuant to subparagraph (A) if the Secretary determines such a waiver is necessary to avoid extreme hardship for the students enrolled at such institution. (ii) Payment plan The Secretary may allow an institution of higher education that owes an amount under subparagraph (A) to enter into a payment plan to pay such amount. (C) Fund There shall be established a special fund in which amounts refunded by an institution of higher education under this paragraph shall be placed to be used pursuant to subsection (d). (4) Noncompliance five years out If an institution of higher education fails to achieve compliance by not later than the date that is 5 years after the date of the determination that the institution does not meet the institutional accountability standards, the institution— (A) shall not be eligible to receive funds under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) for the academic year following the date that is 5 years after the date of the determination; (B) shall be required to submit a teach-out plan, as described in section 487(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(f) ); and (C) shall be eligible to receive funds under such title IV when the institution is able to demonstrate compliance with the institutional accountability standards. (d) Authorization of reward grant program (1) In general From amounts available in the fund established pursuant to subsection (c)(3)(C), the Secretary shall award grants, on a competitive basis, to institutions of higher education that meet or exceed the institutional accountability standards adopted under subsection (b). In determining the criteria for awarding grants, the Secretary shall give due consideration to the recommendations of the Commission. (2) Use for financial aid An institution of higher education awarded a grant under paragraph (1) shall use the grant funds for need-based aid to students who are eligible for Federal Pell Grants under subpart 1 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070a et seq. ).
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https://www.govinfo.gov/content/pkg/BILLS-113hr5674ih/xml/BILLS-113hr5674ih.xml
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113-hr-5675
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I 113th CONGRESS 2d Session H. R. 5675 IN THE HOUSE OF REPRESENTATIVES September 19, 2014 Mr. Hultgren (for himself and Mr. Lipinski ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To direct the Administrator of the Federal Aviation Administration to revise hiring practices for air traffic controller positions, to establish an Air Traffic Control Education and Training Advisory Committee, and for other purposes.
1. Short title This Act may be cited as the Standards Addressing Federal Transparency and Oversight With Evolving Recruitment Specifications Act or the SAFE TOWERS Act . 2. Hiring of air traffic controllers Section 44506 of title 49, United States Code, is amended by adding at the end the following: (f) Revision of hiring practices (1) Consideration of applicants (A) Preference for AT–CTI and VRA applicants In appointing individuals to the position of air traffic controller, the Administrator shall give preferential consideration to the following applicants: (i) An individual who— (I) has successfully completed air traffic controller training and graduated from an institution participating in the Collegiate Training Initiative program maintained under subsection (c)(1); and (II) has received an appropriate recommendation from the institution. (ii) A qualified individual who is eligible for a veterans recruitment appointment pursuant to section 4214 of title 38. (iii) A qualified individual who is an eligible veteran, as such term is defined in section 4211 of title 38, maintaining aviation experience. (B) Consideration of general public applicants The Administrator may consider general public applicants for the position of air traffic controller only after completing consideration of the applicants described in subparagraph (A). (2) Elimination of biographical assessments (A) In general The Administrator shall revise the hiring practices of the Administration that apply to applicants for the position of air traffic controller with the Department of Transportation to eliminate the use of a biographical assessment or any other personality test that unduly disqualifies applicants. The revision under this subparagraph shall not be subject to paragraph (3). (B) Reconsideration of applicants disqualified on the basis of biographical assessments (i) In general If an individual applied for the position of air traffic controller with the Department in response to the FG–01 Vacancy Announcement issued on February 10, 2014, and was disqualified from the position as the result of a biographical assessment, the Administrator shall provide the applicant an opportunity to reapply as soon as practicable for the position under the revised hiring practices. (ii) Waiver of age restriction The Administrator shall waive any maximum age restriction for the position of air traffic controller with the Department that would otherwise disqualify an individual from the position if the individual— (I) is reapplying for the position pursuant to clause (i) on or before December 31, 2016; and (II) met the maximum age requirement on the date of the individual’s previous application for the position. (3) Participation of CTI institutions in revision of hiring practices Before making any revision to the hiring practices that apply to applicants for the position of air traffic controller with the Department, the Administrator shall provide the Air Traffic Control Education and Training Advisory Committee established under subsection (g) and institutions of higher education participating in the Collegiate Training Initiative program with notice of the revision and an opportunity to comment. . 3. Collegiate Training Initiative Section 44506(c)(1) of title 49, United States Code, is amended— (1) in the first sentence by striking may maintain and inserting shall maintain ; and (2) in the second sentence by striking may establish and inserting , in consultation with the Air Traffic Control Education and Training Advisory Committee established under subsection (g), shall establish . 4. Air Traffic Control Education and Training Advisory Committee Section 44506 of title 49, United States Code, is further amended by adding at the end the following: (g) Air Traffic Control Education and Training Advisory Committee (1) Establishment The Administrator shall establish an Air Traffic Control Education and Training Advisory Committee (in this subsection referred to as the Committee ). (2) Duties The Committee shall— (A) provide advice and recommendations to the Administrator about the needs, objectives, plans, and content of air traffic controller training programs; (B) review the operations of the Collegiate Training Initiative program maintained under subsection (c)(1); (C) establish standardized curriculum, required outcomes, and accreditation standards for the Collegiate Training Initiative program; and (D) annually review the air traffic controller training initiatives carried out by the Administration and provide advice and recommendations to the Administrator on whether such initiatives are appropriate to meet the needs of the air traffic controller workforce. (3) Membership (A) Number and appointment The Committee shall be composed of 9 members appointed by the Administrator as follows: (i) 2 individuals based on recommendations of the Association of Collegiate Training Institutions. (ii) 2 individuals based on recommendations of the National Air Traffic Controllers Association. (iii) 2 individuals based on recommendations of the University Aviation Association. (iv) 3 individuals selected by the Administrator who meet the requirements of subparagraph (B). (B) Qualifications Individuals appointed pursuant to subparagraph (A)(iv)— (i) may not be employees of the Federal Aviation Administration; and (ii) shall be specifically qualified to serve on the Committee as a result of their education, training, and experience. (C) Terms (i) In general A member shall be appointed for a term of 2 years. (ii) Terms of initial appointees As designated by the Administrator at the time of appointment— (I) 1 of the members first appointed under each of subparagraphs (A)(i), (A)(ii), and (A)(iii) shall be appointed for a term of 3 years; and (II) 2 of the members first appointed under subparagraph (A)(iv) shall be appointed for terms of 3 years. (D) Vacancies (i) In general Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. (ii) Interim service A member may serve after the expiration of that member’s term until a successor has taken office. (iii) Manner of appointment A vacancy in the Committee shall be filled in the manner in which the original appointment was made. (E) Pay; travel expenses Members shall serve without pay but may receive travel expenses, including per diem in lieu of subsistence, when attending meetings of the Committee in accordance with applicable provisions under subchapter I of chapter 57 of title 5. (F) Chairperson The Chairperson of the Committee shall be elected by a majority of the members. (G) Meetings The Committee shall meet quarterly and may have additional meetings at the call of the Chairperson. (4) Annual report (A) In general Not later than May 31st of each year, the Committee shall submit to Congress and the Administrator an annual report containing— (i) the findings and recommendations of the Committee; and (ii) beginning with the second annual report, an assessment of whether or not the Administrator has complied with the Committee’s recommendations from the previous year. (B) FAA comments Not later than 60 days after the date of submission of an annual report that includes an assessment described in subparagraph (A)(ii), the Administrator shall submit to Congress and the Committee a report containing the Administrator’s written response to the assessment, including an explanation as to why the Administrator did or did not comply with each recommendation of the Committee. (5) Termination Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.; relating to the termination of advisory committees) shall not apply to the Committee. . 5. Best practices for training air traffic controllers Section 44506 of title 49, United States Code, is further amended by adding at the end the following: (h) Best practices for training The Administrator, in consultation with the Air Traffic Control Education and Training Advisory Committee established under subsection (g), shall take into consideration any locally developed training initiatives for air traffic controllers for use in establishing best practices nationwide. .
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https://www.govinfo.gov/content/pkg/BILLS-113hr5675ih/xml/BILLS-113hr5675ih.xml
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113-hr-5676
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I 113th CONGRESS 2d Session H. R. 5676 IN THE HOUSE OF REPRESENTATIVES September 19, 2014 Mrs. Kirkpatrick introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to ensure that members of a reserve component who are pursuing a course of education using educational assistance administered by the Secretary of Veterans Affairs are accommodated by the institution of higher learning for an absence caused by performing certain training.
1. Short title This Act may be cited as the Guard and Reserve Academic Protection Act . 2. Accommodation of members of reserve components pursuing course of education during performance of certain training (a) In general Chapter 36 of title 38, United States Code, is amended by adding at the end the following new section: 3699. Accommodation of members of reserve components during performance of certain training (a) In general The Secretary shall ensure that an institution of higher learning provides an individual described in subsection (b) with a reasonable opportunity to complete assignments, tests, and other requirements of a course of education that occur during any period in which the individual is absent from the course of education by reason of performing— (1) inactive duty training; or (2) active duty training for a period of less than 30 days. (b) Individual described An individual described in this subsection is an individual who is— (1) a member of a reserve component; and (2) pursuing a course of education with educational assistance under chapter 30 or 33 of this title or chapter 1606 or 1607 of title 10. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 3699. Accommodation of members of reserve components during performance of certain training. .
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https://www.govinfo.gov/content/pkg/BILLS-113hr5676ih/xml/BILLS-113hr5676ih.xml
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113-hr-5677
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I 113th CONGRESS 2d Session H. R. 5677 IN THE HOUSE OF REPRESENTATIVES September 19, 2014 Mr. LaMalfa introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To implement reforms to the Federal land management agency fire programs in order to address the complexities of 21st century wildfires in a more cost-effective and efficient manner.
1. Short title This Act may be cited as the Federal Wildland Firefighter Classification Act . 2. Definitions For the purposes of this Act— (1) the term wildland firefighter means an employee of a Federal land management agency, the duties of whose position are primarily to perform work directly related to the prevention, control, suppression, and management of wildfires, including an employee who is transferred to a supervisory or administrative position from a position of wildland firefighter (as defined by the preceding provisions of this paragraph); (2) the term Federal land management agency means— (A) within the Department of the Interior: the Bureau of Land Management, the Bureau of Indian Affairs, the National Park Service, and the Fish and Wildlife Service; and (B) within the Department of Agriculture: the Forest Service; and (3) the term employee has the meaning given such term by section 2105 of title 5, United States Code. 3. Classification of wildland firefighters (a) Requirements (1) In general Within 30 days after the date of the enactment of this Act, the Office of Personnel Management in the administration of chapter 51 of title 5, United States Code, and in cooperation with the Federal land management agencies, shall commence development of a separate and distinct Wildland Firefighter occupational series that will more accurately reflect the variety of duties performed by wildland firefighters. (2) Designation The Office of Personnel Management shall ensure that the official title assigned to any occupational series established pursuant to paragraph (1) shall include wildland firefighter , with appropriate subtitles such as hand crew, hotshot, smokejumper, battalion chief, helitack, fuels, and engine module. (3) Positions described Paragraph (1) applies with respect to any class or other category of positions that consists primarily or exclusively of forestry technician positions, range technician positions, or any other positions the duties and responsibilities of which include— (A) significant wildfire preparedness, suppression, and hazardous fuels reduction activities; or (B) activities necessary to meet any other emergency incident to which such employee may be assigned. (4) Requirements Section 5545(d)(1) of title 5, United States Code, is amended by striking all after except and inserting an em dash and the following: (A) an employee in an occupational series covering positions for which the primary duties are wildland firefighting, as determined by the Office; and (B) in such other circumstances as the Office may by regulation prescribe; and . (c) Employees Currently in the 401 Fire Management Specialist Series Any individual who, as of the date of the enactment of this Act, holds a position of wildland firefighter shall have the option of either remaining in the 401 series (as in effect on such date under chapter 51 of title 5, United States Code) or being included in the new wildland firefighter series, as established pursuant to subsection (a). (d) Rule of construction Nothing in this Act shall be considered to require any change in the pay, benefits, or other terms or conditions of employment that apply with respect to any category of employees or positions described herein. Furthermore, nothing in this Act shall preclude a Federal wildland firefighter who attains age 57 (the maximum age for Federal firefighters to continue serving) from cross-training into another occupational series not subject to mandatory retirement limitations to maintain employment with any Federal land management agency.
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113-hr-5678
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I 113th CONGRESS 2d Session H. R. 5678 IN THE HOUSE OF REPRESENTATIVES September 19, 2014 Ms. Lofgren (for herself, Mr. Honda , and Mr. Moran ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To direct the Secretary of Education to conduct a study to determine the relationship between school start times and adolescent health, well-being, and performance.
1. Short title This Act may be cited as the ZZZ’s to A’s Act . 2. Findings Congress finds the followings: (1) The Secretary of Education has not formally issued policy guidance on school start times. (2) Numerous local educational agencies have recently changed or are considering changing school start times in an effort to improve adolescent health, well-being, and performance. 3. Study and report Not later than 18 months after the date of enactment of this Act, the Secretary of Education shall— (1) conduct a study, directly or through awarding a grant or contract, to examine the relationship between school start times and adolescent health, well-being, and performance that— (A) provides a comprehensive review of the scientific evidence relating to school start times and adolescent health, well-being, and performance; (B) compares adolescent health, well-being, and performance among local educational agencies with different school start times; and (C) evaluates factors that contribute to or affect school start times; and (2) submit to Congress a report that describes— (A) the findings of the study; and (B) any recommendations of the Secretary based on such findings. 4. Definitions In this Act: (1) Local educational agency The term local educational agency has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Performance The term performance means a measurement of how well an individual achieves a desired task, and which may include academic performance and cognitive performance. (3) Secretary The term Secretary means the Secretary of Education.
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113-hr-5679
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I 113th CONGRESS 2d Session H. R. 5679 IN THE HOUSE OF REPRESENTATIVES September 19, 2014 Mr. Rohrabacher (for himself, Ms. Loretta Sanchez of California , Mr. Culberson , Mr. Duncan of Tennessee , Mr. Salmon , Mr. Messer , Mr. Poe of Texas , Mr. Stockman , Mr. Gohmert , Mr. Duncan of South Carolina , Mr. Broun of Georgia , Mr. Jones , Mr. Long , and Mrs. Lummis ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To clarify the ownership of crude oil produced within the jurisdiction of the Kurdistan Regional Government of Iraq and to authorize the President to provide defense articles and defense services to the Kurdistan Regional Government of Iraq.
1. Ownership of crude oil produced within the jurisdiction of the Kurdistan Regional Government of Iraq Crude oil produced within the jurisdiction of the Kurdistan Regional Government of Iraq shall, upon entering the jurisdiction of the United States, be deemed to be owned exclusively by the Kurdistan Regional Government of Iraq or by any person that purchased such crude oil from the Kurdistan Regional Government of Iraq. 2. Authority to provide defense articles and defense services to the Kurdistan Regional Government of Iraq (a) In general Notwithstanding section 3 of the Arms Export Control Act ( 22 U.S.C. 2753 ), or any other provision of law, the President is authorized to provide defense articles and defense services directly to the Kurdistan Regional Government of Iraq. (b) Definitions In this section, the terms defense articles and defense services have the meanings given such terms in section 47 of the Arms Export Control Act ( 22 U.S.C. 2794 note).
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113-hr-5680
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I 113th CONGRESS 2d Session H. R. 5680 IN THE HOUSE OF REPRESENTATIVES September 19, 2014 Mr. Walz introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To direct the Secretary of Veterans Affairs to establish a registry for certain toxic exposures, to direct the Secretary to include certain information in the electronic health records of veterans, and for other purposes.
1. Short title This Act may be cited as the Veterans’ Toxic Wounds Research Act of 2014 . 2. Comprehensive program of research into toxic exposures encountered by veterans during military service (a) Registry of toxic exposures (1) Establishment Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish a master registry of veterans who experienced toxic exposures while serving in the Armed Forces. (2) Elements The master registry established under paragraph (1) shall consist of the registries described in paragraph (3). The Secretary shall establish each such registry using the Clinical Case Registry of the Department of Veterans Affairs as a model. (3) Registries described The registries described in this paragraph are registries for each of the following: (A) Agent Orange. (B) Exposure to toxins relating to a deployment during the Persian Gulf War (as defined in section 101(33) of title 38, United States Code), including with respect to such exposures leading to Gulf War Illness (as defined by the Institute of Medicine of the National Academies). (C) Exposure to toxins relating to a deployment during Operation Iraqi Freedom, Operation New Dawn, Operation Enduring Freedom, or the Global War on Terror. (D) Exposure to toxins relating to a deployment to Bosnia, Somalia, the Philippines, or other locations determined appropriate by the Secretary. (E) Exposure to toxins relating to being stationed at a military installation potentially contaminated by toxic substances, including Camp Lejeune, North Carolina, Fort McClellan, Alabama, and such installations in Guam. (F) Any other toxic exposure the Secretary determines appropriate. (b) Review The Secretary of Veterans Affairs shall enter into an agreement with the National Academy of Sciences to review published scientific information and studies on the health effects of toxic exposures covered in a registry described in subsection (a)(3). Under such agreement, the Institute of Medicine of the National Academies shall submit to the Secretary on a biennial basis a report on toxic substance exposure-related illnesses. Such report shall include— (1) a review of all scientific studies and research on the association between toxic substance exposures and specific diseases covered in such a registry, including the level of association between such exposures and the specific diseases; and (2) recommendations for future research. (c) Research into the effects of toxic exposure on second and third generations In addition to the reviews under subsection (b), the Secretary shall enter into an agreement with the National Academy of Sciences to review published scientific information and studies on the health effects on the children and grandchildren of veterans with toxic exposures covered in a registry described in subsection (a)(3). Under such agreement, the Institute of Medicine of the National Academies shall submit to the Secretary on a biennial basis a report on toxic substance exposure-related illnesses. Such report shall include— (1) a review of all scientific studies and research on the association between toxic substance exposures and specific diseases covered in such a registry in such children and grandchildren, including the level of association between such exposures and the specific diseases; and (2) recommendations for future research. (d) Research The Secretary shall use the reviews conducted under subsections (b) and (c) to inform the decisions made by the Secretary with respect to selecting the research to be conducted or funded by the Department of Veterans Affairs. The Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report describing how the Secretary used such reviews to make such selections. 3. Presumptions of service connection for illnesses associated with toxic exposures encountered by veterans during military service (a) In general Subchapter II of chapter 11 of title 38, United States Code, is amended by adding at the end the following new section: 1119. Presumptions of service connection for illnesses associated with toxic exposures (a) Presumption (1) For purposes of section 1110 of this title, and subject to section 1113 of this title, each illness, if any, described in paragraph (2) shall be considered to have been incurred in or aggravated by service referred to in that paragraph, notwithstanding that there is no record of evidence of such illness during the period of such service. (2) An illness referred to in paragraph (1) is any diagnosed or undiagnosed illness that— (A) the Secretary determines in regulations prescribed under this section to warrant a presumption of service connection by reason of having a positive association with exposure to a toxic substance covered in the master registry; and (B) becomes manifest within the period, if any, prescribed in such regulations in a veteran who served in the Armed Forces and by reason of such service experienced such exposure. (3) For purposes of this subsection, a veteran who served in the Armed Forces in a location recognized under the master registry as being a source of exposure and has an illness described in paragraph (2) shall be presumed to have been exposed by reason of such service unless there is conclusive evidence to establish that the veteran was not so exposed by reason of such service. (b) (1) (A) Whenever the Secretary makes a determination described in subparagraph (B), the Secretary shall prescribe regulations providing that a presumption of service connection is warranted for the illness covered by that determination for purposes of this section. (B) A determination referred to in subparagraph (A) is a determination based on sound medical and scientific evidence that a positive association exists between— (i) the exposure of humans or animals to a toxic substance covered in the master registry; and (ii) the occurrence of a diagnosed or undiagnosed illness in humans or animals. (2) (A) In making determinations for purposes of paragraph (1), the Secretary shall take into account— (i) the reports submitted to the Secretary by the National Academy of Sciences under section 2(b) of the Veterans’ Toxic Wounds Research Act of 2014; and (ii) all other sound medical and scientific information and analyses available to the Secretary. (B) In evaluating any report, information, or analysis for purposes of making such determinations, the Secretary shall take into consideration whether the results are statistically significant, are capable of replication, and withstand peer review. (3) An association between the occurrence of an illness in humans or animals and exposure to a toxic substance covered in the master registry shall be considered to be positive for purposes of this subsection if the credible evidence for the association is equal to or outweighs the credible evidence against the association. (c) (1) Not later than 60 days after the date on which the Secretary receives a report from the National Academy of Sciences under section 2(b) of the Veterans’ Toxic Wounds Research Act of 2014, the Secretary shall determine whether or not a presumption of service connection is warranted for each illness, if any, covered by the report. (2) If the Secretary determines under this subsection that a presumption of service connection is warranted, the Secretary shall, not later than 60 days after making the determination, issue proposed regulations setting forth the Secretary’s determination. (3) (A) If the Secretary determines under this subsection that a presumption of service connection is not warranted, the Secretary shall, not later than 60 days after making the determination, publish in the Federal Register a notice of the determination. The notice shall include an explanation of the scientific basis for the determination. (B) If an illness already presumed to be service connected under this section is subject to a determination under subparagraph (A), the Secretary shall, not later than 60 days after publication of the notice under that subparagraph, issue proposed regulations removing the presumption of service connection for the illness. (4) Not later than 90 days after the date on which the Secretary issues any proposed regulations under this subsection, the Secretary shall issue final regulations. Such regulations shall be effective on the date of issuance. (d) Whenever the presumption of service connection for an illness under this section is removed under subsection (c)— (1) a veteran who was awarded compensation for the illness on the basis of the presumption before the effective date of the removal of the presumption shall continue to be entitled to receive compensation on that basis; and (2) a survivor of a veteran who was awarded dependency and indemnity compensation for the death of a veteran resulting from the illness on the basis of the presumption before that date shall continue to be entitled to receive dependency and indemnity compensation on that basis. (e) Master registry defined In this section, the term master registry means the registry of veterans who experienced toxic exposures established by section 2 of the Veterans’ Toxic Wounds Research Act of 2014. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1118 the following new item: 1119. Presumptions of service connection for illnesses associated with toxic exposures. . 4. Inclusion of certain information in electronic health records In implementing the electronic health record system of the Department of Veterans Affairs, the Secretary of Veterans Affairs shall ensure that the electronic health record of each individual includes, at a minimum, the following information: (1) Whether the individual served in the Armed Forces. (2) The Armed Force in which the individual served. (3) The locations in which the individual was stationed or deployed to during such service. (4) The dates of such service. (5) The military occupational specialty of the individual. (6) The results of any tests or assessments of the individual regarding— (A) vision; (B) hearing; (C) hepatitis C; (D) HIV; (E) blood pressure; (F) cholesterol; (G) blood glucose test and diabetes information; (H) body mass index measurement; (I) bone density, as appropriate based on the age or sex of the individual; (J) cancer screenings (as appropriate based on the age, sex, race, or ethnicity of the individual) for— (i) breast cancer; (ii) colorectal cancer; (iii) lung cancer; (iv) prostate cancer; and (v) skin cancer; (K) preventive immunizations, if not current; (L) spirometry (for lung function); (M) smoking; (N) a mental health evaluation; (O) substance abuse; or (P) infectious diseases or parasites or other adverse health conditions endemic to where the individual served while in the military.
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113-hr-5681
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I 113th CONGRESS 2d Session H. R. 5681 IN THE HOUSE OF REPRESENTATIVES AN ACT To provide for the approval of the Amendment to the Agreement Between the Government of the United States of America and the Government of the United Kingdom of Great Britain and Northern Ireland for Cooperation on the Uses of Atomic Energy for Mutual Defense Purposes.
1. Approval of the Amendment to the Agreement Between the Government of the United States of America and the Government of the United Kingdom of Great Britain and Northern Ireland for Cooperation on the Uses of Atomic Energy for Mutual Defense Purposes (a) In general Notwithstanding the provisions for congressional consideration of a proposed agreement for cooperation in subsection d. of section 123 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2153 ), the amendments to the Agreement Between the Government of the United States of America and the Government of the United Kingdom of Great Britain and Northern Ireland for Cooperation on the Uses of Atomic Energy for Mutual Defense Purposes, done at Washington, July 22, 2014, and transmitted to Congress on July 24, 2014, including all portions thereof (hereinafter in this section referred to as the Amendment ), may be brought into effect on or after the date of the enactment of this Act as if all the requirements in such section 123 for consideration of the Amendment had been satisfied, subject to subsection (b) of this section. (b) Applicability of Atomic Energy Act of 1954 and other provisions of law Upon coming into effect, the Amendment shall be subject to the provisions of the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. ) and any other applicable United States law as if the Amendment had come into effect in accordance with the requirements of section 123 of the Atomic Energy Act of 1954.
Passed the House of Representatives November 19, 2014. Karen L. Haas, Clerk.
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113-hr-5682
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I 113th CONGRESS 2d Session H. R. 5682 IN THE HOUSE OF REPRESENTATIVES AN ACT To approve the Keystone XL Pipeline.
1. Keystone XL approval (a) In general TransCanada Keystone Pipeline, L.P. may construct, connect, operate, and maintain the pipeline and cross-border facilities described in the application filed on May 4, 2012, by TransCanada Corporation to the Department of State (including any subsequent revision to the pipeline route within the State of Nebraska required or authorized by the State of Nebraska). (b) Environmental impact statement The Final Supplemental Environmental Impact Statement issued by the Secretary of State in January 2014, regarding the pipeline referred to in subsection (a), and the environmental analysis, consultation, and review described in that document (including appendices) shall be considered to fully satisfy— (1) all requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and (2) any other provision of law that requires Federal agency consultation or review (including the consultation or review required under section 7(a) of the Endangered Species Act of 1973 ( 16 U.S.C. 1536(a) )) with respect to the pipeline and facilities referred to in subsection (a). (c) Permits Any Federal permit or authorization issued before the date of enactment of this Act for the pipeline and cross-border facilities referred to in subsection (a) shall remain in effect. (d) Federal judicial review Any legal challenge to a Federal agency action regarding the pipeline and cross-border facilities described in subsection (a), and the related facilities in the United States, that are approved by this Act, and any permit, right-of-way, or other action taken to construct or complete the project pursuant to Federal law, shall only be subject to judicial review on direct appeal to the United States Court of Appeals for the District of Columbia Circuit. (e) Private property savings clause Nothing in this Act alters any Federal, State, or local process or condition in effect on the date of enactment of this Act that is necessary to secure access from an owner of private property to construct the pipeline and cross-border facilities described in subsection (a).
Passed the House of Representatives November 14, 2014. Karen L. Haas, Clerk.
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113-hr-5683
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I 113th CONGRESS 2d Session H. R. 5683 IN THE HOUSE OF REPRESENTATIVES November 12, 2014 Mr. DeSantis (for himself and Mr. Cicilline ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To ensure appropriate judicial review of Federal Government actions by amending the prohibition on the exercise of jurisdiction by the United States Court of Federal Claims of certain claims pending in other courts.
1. Short title This Act may be cited as the Ensuring Access to Justice for Claims Against the United States Act . 2. Jurisdiction of United States Court of Federal Claims (a) Amendments to title 28, United States Code (1) In general Section 1500 of title 28, United States Code, is amended to read as follows: 1500. Presumption of stay (a) Definitions In this section— (1) the term court means any of the courts described in section 610; and (2) the term Court of Federal Claims means the United States Court of Federal Claims. (b) Presumption of stay Except as provided in subsection (d), if a civil action is pending in, or on appeal from, the Court of Federal Claims, and the plaintiff or assignee of the plaintiff also has pending in any other court a civil action that includes a claim against the United States or an agency or officer of the United States arising from substantially the same set of operative facts, the court presiding over the action that was filed later shall stay the action, in whole or in part, until the action that was filed first is no longer pending. (c) Determining first-Filed action (1) Appeals For purposes of subsection (b), the date of filing for a civil action that is pending on appeal from the Court of Federal Claims is the date on which the action was filed in the Court of Federal Claims. (2) Actions or appeals filed on same day For purposes of subsection (b), if the actions described in subsection (b) were filed on the same day, without regard to the time of day, the action that is pending in, or on appeal from, the Court of Federal Claims shall be treated as having been filed first. (d) Exceptions The requirement to stay an action under subsection (b) shall not apply if— (1) the parties in each of the actions that include a claim based on substantially the same set of operative facts otherwise agree; or (2) the required stay is not, or ceases to be, in the interests of justice. . (2) Technical and conforming amendment The table of sections for chapter 91 of title 28, United States Code, is amended by striking the item relating to section 1500 and inserting the following: 1500. Presumption of stay. . (b) Applicability (1) In general Section 1500 of title 28, United States Code, as amended by subsection (a), shall apply to any action pending on, or filed on or after, the date of the enactment of this Act, but does not apply in a case in which the action filed later (as determined in accordance with such section, as so amended) is pending (on such date of enactment) in a court of appeals of the United States or the Supreme Court of the United States, or in a case in which a judgment has been entered as of such date of enactment but for which the time to file an appeal has not expired. (2) Previous jurisdictional bar Any claim in an action pending on the date of the enactment of this Act either in a court of appeals of the United States or the Supreme Court of the United States, or for which the time to file an appeal has not expired, shall not be subject to the jurisdictional bar under section 1500 of title 28, United States Code, as in effect on the day before the date of the enactment of this Act.
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113-hr-5684
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I 113th CONGRESS 2d Session H. R. 5684 IN THE HOUSE OF REPRESENTATIVES November 12, 2014 Mr. Huffman introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To direct the Commandant of the Coast Guard to convey certain property from the United States to the County of Marin, California.
1. Short title This Act may be cited as the Point Reyes Coast Guard Housing Conveyance Act . 2. Conveyance of certain property in Point Reyes Station, California (a) Conveyance (1) In general Not later than 1 year after the date of the enactment of this Act, the Commandant of the Coast Guard shall convey to the County of Marin all right, title, and interest of the United States in and to the covered property— (A) for fair market value, provided for in paragraph (2); (B) subject to the conditions required by this section; and (C) subject to any other term or condition that the Commandant considers appropriate to protect the interests of the United States. (2) Fair market value The fair market value of the covered property shall be— (A) determined by a real estate appraiser, selected by the County and licensed to practice in California, who shall make the determination based on the use required by this Act of the covered property; and (B) approved by the Commandant, who shall base such approval on considerations of equity and fairness, including the use required by this Act of the covered property. (b) Condition of conveyance (1) In general As a condition of any conveyance of covered property under this section, the Commandant shall require that— (A) the County grant the United States the right to— (i) locate or place on the covered property an aid to navigation; (ii) enter the covered property at any time without notice for the purpose of establishing or maintaining an aid to navigation; and (iii) make any changes to the covered property as may be necessary for navigational purposes; and (B) all right, title, and interest in and to the covered property revert to the United States if the covered property or any part thereof ceases to be— (i) used for affordable housing or for a purpose related to affordable housing; or (ii) maintained in a manner that permits its future use as a location for a Coast Guard aid to navigation. (2) Rule of construction Nothing in this subsection shall be construed as requiring the County to maintain an aid to navigation on the covered property. (c) Definitions In this section: (1) Commandant The term Commandant means the Commandant of the Coast Guard. (2) County The term County means the County of Marin, California. (3) Covered property The term covered property means the real property located in the County of Marin that— (A) is identified as parcel 11924073 on the map entitled USCG Point Reyes Housing , which is on file in the offices of the United States Coast Guard; (B) is under the administrative control of the Coast Guard; and (C) includes all improvements that are located on the property, including those depicted on the map dated July 11, 2013, entitled CG CAMSPAC SAN FRAN – HOUSING SITE , which is on file in the offices of the United States Coast Guard.
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113-hr-5685
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I 113th CONGRESS 2d Session H. R. 5685 IN THE HOUSE OF REPRESENTATIVES November 12, 2014 Mr. McCaul (for himself and Mr. Royce ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To amend the State Department Basic Authorities Act of 1956 to require congressional notification not less than 15 days after a reward is authorized under the Rewards for Justice Program of the Department of State, and for other purposes.
1. Short title This Act may be cited as the Rewards for Justice Congressional Notification Act of 2014 . 2. Congressional notification of reward (a) In general Section 36 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2708 ) is amended— (1) in subsection (g), by adding at the end the following new paragraph: (4) Reports on rewards authorized Not less than 15 days after a reward is authorized under this section, the Secretary of State shall submit to the appropriate congressional committees a report, which may be submitted in classified form if necessary, detailing information about the reward, including the identity of the individual for whom the award is being made, the amount of the reward, the acts with respect to which the reward is being made, and how the reward is being publicized. ; and (2) in subsection (k)(2), by striking International Relations and inserting Foreign Affairs . (b) Effective date The amendment made by subsection (a)(1) takes effect on the date of the enactment of this Act and applies with respect to any reward authorized under section 36 of the State Department Basic Authorities Act of 1956 on or after the date of the enactment of this Act.
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113-hr-5686
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I 113th CONGRESS 2d Session H. R. 5686 IN THE HOUSE OF REPRESENTATIVES November 12, 2014 Mr. Culberson (for himself and Mr. O’Rourke ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to establish the Physician Ambassadors Helping Veterans program to seek to employ physicians at the Department of Veterans Affairs on a without compensation basis in practice areas and specialties with staffing shortages and long appointment waiting times.
1. Short title This Act may be cited as the Physician Ambassadors Helping Veterans Act . 2. Physician Ambassadors Helping Veterans program (a) In general Subchapter I of chapter 74 of title 38, United States Code, is amended by inserting after section 7405 the following new section: 7405A. Physician Ambassadors Helping Veterans program (a) In general The Secretary shall seek to use the authority under section 7405 of this title to employ physicians on a without compensation basis in any practice area or speciality for which— (1) the average waiting time for veterans seeking an appointment with a physician in such practice area or specialty exceeds the waiting time goals established by the Department; or (2) the Department facility where the physician will be employed has demonstrated staffing shortages, as determined by the Secretary. (b) Volunteer coordinators There shall be in each medical facility of the Department a volunteer coordinator. The volunteer coordinator for a medical facility shall— (1) seek to establish relationships with medical associations serving the area where the facility is located; (2) recruit physicians for employment on a without compensation basis in the facility; and (3) serve as the initial point of contact for physicians seeking employment on a without compensation basis in the facility. (c) Qualifications A physician employed on a without compensation basis shall agree, as a condition of being granted a credential or privilege to practice medicine in a facility of the Department, to commit to serving a minimum of 40 hours in the facility during the 12-month period beginning on the date on which such credential or privilege is granted. (d) Credentialing process (1) The Secretary shall ensure that each physician who seeks employment at the Department on a without compensation basis receives a credential or privilege to practice medicine in the Department, or a decision that such a credential or privilege will not be granted, by not later than 60 days after the date on which the physician requests such credential or privilege. (2) The director of a medical facility of the Department shall approve, and accept the services of, any physician who meets the qualifications under subsection (c) and receives a credential or privilege to practice medicine in the facility under paragraph (1). (e) Annual report Not later than March 31 of each year, the Secretary shall submit to the Committees on Veterans’ Affairs and the Committees on Appropriations of the Senate and House of Representatives a report on physicians employed on a without compensation basis at the Department. Each such report shall include, for the year preceding the year during which the report is submitted, each of the following: (1) The number of physicians employed on a without compensation basis by the Department in each of the Veterans Integrated Service Networks. (2) Information about staffing levels and appointment waiting times for facilities located in each such Veterans Integrated Service Networks. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7405 the following new item: 7405A. Physician Ambassadors Helping Veterans program. .
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113-hr-5687
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I 113th CONGRESS 2d Session H. R. 5687 IN THE HOUSE OF REPRESENTATIVES November 12, 2014 Ms. Hahn (for herself, Ms. Bass , Mr. Becerra , Mr. Bera of California , Ms. Brownley of California , Mr. Calvert , Mr. Campbell , Mrs. Capps , Mr. Cárdenas , Ms. Chu , Mr. Cook , Mr. Costa , Mrs. Davis of California , Mr. Denham , Ms. Eshoo , Mr. Farr , Mr. Garamendi , Mr. Honda , Mr. Huffman , Mr. Hunter , Mr. Issa , Mr. LaMalfa , Ms. Lee of California , Ms. Lofgren , Mr. Lowenthal , Ms. Matsui , Mr. McCarthy of California , Mr. McClintock , Mr. McKeon , Mr. McNerney , Mr. George Miller of California , Mrs. Napolitano , Mrs. Negrete McLeod , Ms. Pelosi , Mr. Peters of California , Mr. Rohrabacher , Ms. Roybal-Allard , Mr. Royce , Mr. Ruiz , Ms. Linda T. Sánchez of California , Ms. Loretta Sanchez of California , Mr. Schiff , Mr. Sherman , Ms. Speier , Mr. Swalwell of California , Mr. Takano , Mr. Thompson of California , Mr. Valadao , Mr. Vargas , Ms. Waters , and Mr. Waxman ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To designate the facility of the United States Postal Service located at 101 East Market Street in Long Beach, 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 101 East Market Street in Long Beach, 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-5688
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I 113th CONGRESS 2d Session H. R. 5688 IN THE HOUSE OF REPRESENTATIVES November 12, 2014 Mr. Sam Johnson of Texas (for himself and Mr. Marchant ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To impose special limitations on the issuance of visas to, and the admission into the United States of, aliens having certain associations with countries with widespread and intense transmissions of Ebola Virus Disease.
1. Short title This Act may be cited as the Stop Ebola Act . 2. Special immigration limitations relating to Ebola Virus Disease (a) In general (1) Visa restrictions Beginning on the date of the enactment of this Act, no consular officer may issue an immigrant or nonimmigrant visa to any alien who is a citizen or national of any affected country. (2) Admission restrictions Beginning on the date of the enactment of this Act, an alien is ineligible to be admitted into the United States if the alien’s journey to the United States originated in, or included transit through, any affected country. (b) Affected country defined For purposes of this section, the term affected country means a country that has been designated by the World Health Organization as having widespread and intense transmissions under the World Health Organization Ebola Response Roadmap. (c) Other definitions Except as provided in subsection (b), the terms used in this section shall have the meaning given such terms in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)).
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113-hr-5689
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I 113th CONGRESS 2d Session H. R. 5689 IN THE HOUSE OF REPRESENTATIVES November 12, 2014 Mr. Mullin introduced the following bill; which was referred to the Committee on Natural Resources A BILL To allow the Miami Tribe of Oklahoma to lease or transfer certain lands.
1. Approval not required to validate land transactions (a) In general Notwithstanding any other provision of law, without further approval, ratification, or authorization by the United States, the Miami Tribe of Oklahoma may lease, sell, convey, warrant, or otherwise transfer all or any part of its interests in any real property that is not held in trust by the United States for the benefit of such tribe. (b) Trust land not affected Nothing in this section shall— (1) authorize the Miami Tribe of Oklahoma to lease, sell, convey, warrant, or otherwise transfer all or any part of an interest in any real property that is held in trust by the United States for the benefit of such tribe; or (2) affect the operation of any law governing leasing, selling, conveying, warranting, or otherwise transferring any interest in such trust land.
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113-hr-5690
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I 113th CONGRESS 2d Session H. R. 5690 IN THE HOUSE OF REPRESENTATIVES November 12, 2014 Ms. Norton 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 prohibit tax-exempt status to professional sports leagues that promote the use of the term redskins.
1. Special rule relating to professional sports leagues (a) In general Section 501 of the Internal Revenue Code of 1986 is amended— (1) by redesignating subsection (s) as subsection (t), and (2) by inserting after subsection (r) the following new subsection: (s) Special rule relating to professional sports leagues No professional sports league shall be treated as described in subsection (c)(6) if such professional sports league promotes, or allows a member club or franchise connected with such professional sports league to promote, the use of the term redskins in connection with any team or club connected with such professional sports league. . (b) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
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113-hr-5691
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I 113th CONGRESS 2d Session H. R. 5691 IN THE HOUSE OF REPRESENTATIVES November 12, 2014 Mr. Pearce introduced the following bill; which was referred to the Committee on Natural Resources A BILL To release wilderness study areas administered by the Bureau of Land Management in Luna and Hidalgo Counties, New Mexico that are not suitable for wilderness designation from continued management as de facto wilderness areas.
1. Short title This Act may be cited as the Luna and Hidalgo Counties Wilderness Study Area Release Act of 2014 . 2. Release of Bureau of Land Management wilderness study areas previously identified as not suitable for wilderness designation (a) Release Congress finds and directs that the public lands described in subsection (b) have been adequately studied for wilderness designation pursuant to section 603 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782 ) and are no longer subject to the requirement of subsection (d) of such section pertaining to the management of wilderness study areas in a manner that does not impair the suitability of such areas for preservation as wilderness. (b) Covered public lands Subsection (a) applies to public lands in Luna and Hidalgo Counties, New Mexico administered by the Bureau of Land Management pursuant to the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ) that— (1) have not been designated as wilderness by an Act of Congress before the date of the enactment of this Act; and (2) have been identified by the Bureau of Land Management before the date of the enactment of this Act as not suitable for wilderness designation. (c) Wilderness study areas The following public lands cited in this subsection shall be released according to subsection (a): (1) Portions of the Big Hatchet Mountains Wilderness Study Area deemed unsuitable by the Bureau of Land Management (reflected in the map dated August 5, 2014). (2) Portions of the Gila Lower Box Wilderness Study Area deemed unsuitable by the Bureau of Land Management (reflected in the map dated July 24, 2014). (3) Alamo Hueco Mountains Wilderness Study Area (reflected in the map dated August 5, 2014). (4) Blue Creek Wilderness Study Area (reflected in the map dated July 24, 2014). (5) Cedar Mountains Wilderness Study Area (reflected in the map dated July 24, 2014). (6) Cooke’s Range Wilderness Study Area (reflected in the map dated June 11, 2014). (7) Florida Mountains Wilderness Study Area (reflected in the map dated May 28, 2014). (8) Guadalupe Canyon Wilderness Study Area (reflected in the map dated July 30, 2014). (9) Peloncillo Mountains Wilderness Study Area (reflected in the map dated July 24, 2014). (d) Management Public lands identified in subsection (c) and released by subsection (a) shall be managed by the Bureau of Land Management in accordance with the land use plan applicable to the lands developed pursuant to section 202 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 ). (e) Prohibition The Secretary of the Interior may not promulgate or issue any systemwide regulation, directive, or order that would direct management of the public lands released by subsection (a) in a manner contrary to the applicable land use plan.
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113-hr-5692
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I 113th CONGRESS 2d Session H. R. 5692 IN THE HOUSE OF REPRESENTATIVES November 12, 2014 Mr. Poe of Texas introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To restrict passports for travel to or use in certain countries, and for other purposes.
1. Short title This Act may be cited as the Ebola Prevention Act of 2014 . 2. Restriction of passports for travel to or use in certain countries (a) In general Due to the imminent danger to the public health and pursuant to section 1 of the Act entitled An Act to regulate the issue and validity of passports, and for other purposes , approved July 3, 1926 ( 22 U.S.C. 211a ), commonly known as the Passport Act of 1926 , the Secretary of State shall designate all passports as restricted for travel to or for use in Guinea, Liberia, and Sierra Leone. (b) Exception The restriction on passports described in subsection (a) shall not apply with respect to any travel to for use in Guinea, Liberia, or Sierra Leone the purpose of which the Secretary of State determines to be for diplomatic, health care, humanitarian, journalistic, or military reasons. (c) Reporting Not later than 120 days after the date of the enactment of this Act, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on the implementation of this Act.
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113-hr-5693
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I 113th CONGRESS 2d Session H. R. 5693 IN THE HOUSE OF REPRESENTATIVES November 12, 2014 Mr. Poe of Texas introduced the following bill; which was referred to the Committee on the Judiciary A BILL To prohibit the issuance of visas to, and the admission into the United States of, an alien during the 30-day period following the presence of the alien in Guinea, Liberia, or Sierra Leone.
1. Short title This Act may be cited as the Ebola VISA Safety Act . 2. Special immigration limitations relating to Ebola Virus Disease (a) In general (1) Visa restrictions Beginning on the date of the enactment of this Act, no consular officer may issue an immigrant or nonimmigrant visa to an alien during any 30-day period that begins on a day on which the alien is physically present in Guinea, Liberia, or Sierra Leone. (2) Admission restrictions Beginning on the date of the enactment of this Act, an alien is ineligible to be admitted into the United States during any 30-day period that begins on a day on which the alien is physically present in Guinea, Liberia, or Sierra Leone. (b) Definitions The terms used in this section shall have the meaning given such terms in section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ).
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113-hr-5694
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I 113th CONGRESS 2d Session H. R. 5694 IN THE HOUSE OF REPRESENTATIVES November 12, 2014 Mr. Ross (for himself, Mr. LaMalfa , Mr. Duncan of Tennessee , and Mr. Posey ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on Transportation and Infrastructure and 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 prohibit certain flights from landing in the United States and to prohibit the issuance of certain visas to protect the United States from the Ebola virus disease, and for other purposes.
1. Short title This Act may be cited as the Contain Ebola and Stop the Epidemic Act of 2014 . 2. Restriction on certain flights Beginning on the date that is 2 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall prohibit from landing in the United States any aircraft that— (1) is being used to provide scheduled passenger transportation for compensation; and (2) departed with passengers whose air travel originated, or included a stop, in a foreign country in which there is an epidemic with respect to the Ebola virus disease as determined by the Director of the Centers for Disease Control and Prevention pursuant to section 4. 3. Restriction on certain visas Beginning on the date that is 2 days after the date of enactment of this Act, no consular officer (as defined in section 101(a)(9) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(9))) may issue an immigrant or nonimmigrant visa to any alien whose travel itinerary originates in, or includes transit through, a foreign country in which there is an epidemic with respect to the Ebola virus disease as determined by the Director of the Centers for Disease Control and Prevention pursuant to section 4. 4. Determination of epidemic (a) In general Not later than 2 days after the date of enactment of this Act, the Director of the Centers for Disease Control and Prevention shall make available to the public a list of the foreign countries in which, as determined by the Director, there is an epidemic with respect to the Ebola virus disease. (b) Maintenance of list The Director shall maintain the list required under subsection (a) on an ongoing basis, removing countries from the list and adding countries to the list as appropriate.
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113-hr-5695
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I 113th CONGRESS 2d Session H. R. 5695 IN THE HOUSE OF REPRESENTATIVES November 12, 2014 Mr. Vargas (for himself and Mr. Peters of California ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committee on Foreign Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title 18, United States Code, to include foreign terrorist organizations as enemies of the United States for purposes of treason, and for other purposes.
1. Short title This Act may be cited as the Treason and Passport Revocation Act of 2014 . 2. Treason Section 2381 of title 18, United States Code, is amended— (1) by striking Whoever and inserting the following: (a) Whoever ; and (2) by inserting at the end the following: (b) For purposes of this section, an organization that the Secretary of State has designated as a foreign terrorist organization under section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ) shall be considered an enemy of the United States. . 3. Revocation or denial of passports and passport cards to individuals affiliated with foreign terrorist organizations The Act entitled An Act to regulate the issue and validity of passports, and for other purposes , approved July 3, 1926 ( 22 U.S.C. 211a et seq. ), commonly known as the Passport Act of 1926 , is amended by adding at the end the following: 4. Authority to deny or revoke passport and passport card (a) Ineligibility (1) Issuance Except as provided under subsection (b), the Secretary of State may not issue a passport or passport card to any individual whom the Secretary has determined is a member of or is otherwise affiliated with an organization the Secretary has designated as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ). (2) Revocation The Secretary of State shall revoke a passport or passport card previously issued to any individual described in paragraph (1). (b) Exceptions (1) Emergency and humanitarian situations Notwithstanding subsection (a), the Secretary of State may issue a passport or passport card, in emergency circumstances or for humanitarian reasons, to an individual described in paragraph (1) of such subsection. (2) Limitation for return to united states Notwithstanding subsection (a)(2), the Secretary of State, before revocation, may— (A) limit a previously issued passport or passport card only for return travel to the United States; or (B) issue a limited passport or passport card that only permits return travel to the United States. (c) Report If the Secretary of State issues or limits a passport or passport card under subsection (b), the Secretary shall, not later than 30 days after such issuance or limitation, submit to Congress a report on such issuance or limitation, as the case may be. .
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113-hr-5696
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I 113th CONGRESS 2d Session H. R. 5696 IN THE HOUSE OF REPRESENTATIVES November 13, 2014 Mr. Smith of New Jersey (for himself, Mr. Lipinski , Mr. Wolf , and Ms. Pelosi ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To reinstate reporting requirements related to United States-Hong Kong relations.
1. Short title This Act may be cited as the Hong Kong Human Rights and Democracy Act . 2. Findings Congress makes the following findings: (1) The Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People’s Republic of China on the Question of Hong Kong, done at Beijing December 19, 1984 (in this Act referred to as the Joint Declaration )— (A) provided that the People’s Republic of China resumed sovereignty over Hong Kong on July 1, 1997; and (B) established a high degree of autonomy for Hong Kong except in matters of foreign affairs and defense. (2) The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China (in this Act referred to as Basic Law )— (A) guarantees Hong Kong a high degree of autonomy and separate executive, legislative, and independent judicial powers; (B) generally prohibits the central Government of the People's Republic of China from interfering in the affairs that Hong Kong administers on its own according to the Basic Law; (C) protects the rights to free speech, press, assembly, and religion; (D) provides that the socialist system and policies shall not be practiced in Hong Kong and that Hong Kong’s capitalist system and way of life shall remain unchanged for 50 years (the principle of one country, two systems ); (E) affirms the continuing applicability of the International Covenant on Civil and Political Rights to Hong Kong; (F) provides that the head of the Hong Kong Special Administrative Region shall be the Chief Executive; (G) provides that the ultimate aim is the selection of the Chief Executive by universal suffrage upon nomination by a broadly representative nominating committee in accordance with democratic procedures ; (H) provides that the legislature of the Hong Kong Special Administrative Region shall be the Legislative Council; and (I) provides that the ultimate aim is the election of all the members of the Legislative Council by universal suffrage . (3) The National People’s Congress Standing Committee (NPCSC) determined on December 29, 2007, that Hong Kong could elect the Chief Executive by universal suffrage beginning in 2017, and that Hong Kong could thereafter elect the Legislative Council by universal suffrage beginning in 2020. (4) The Chief Executive is currently selected by an Election Committee consisting of 1,200 members. In order to run, candidates for Chief Executive must currently receive the support of one-eighth of the members of the Election Committee, the majority of whom reportedly support or have ties to the Chinese Communist Party. (5) On August 31, 2014, the NPCSC determined that the 2017 election for the Chief Executive could be held by universal suffrage but that Hong Kong voters could only choose from two to three candidates, each of whom is to be chosen by a majority of a nominating committee similar to the current Election Committee that is heavily controlled by pro-Beijing members. (6) International standards for elections, including Article 21 of the Universal Declaration of Human Rights and Article 25 of the International Covenant on Civil and Political Rights, guarantee citizens the right to vote and to be elected in genuine periodic elections by universal and equal suffrage without unreasonable restrictions. (7) Hundreds of thousands of Hong Kong residents have consistently and peacefully expressed their dissatisfaction with the electoral reform plans of the Hong Kong government and the Government of the People's Republic of China, including the August 2014 NPCSC decision, and have called for a genuine choice in elections that meet international standards. Their peaceful and orderly protests have set an example for other democratic movements around the world, including those in mainland China who continue to fight for their fundamental freedoms. (8) Media reports indicate that Hong Kong police used tear gas and pepper spray against demonstrators on September 28, 2014, and that police allegedly failed to adequately protect demonstrators from mobs of counter-protestors, some of whom had affiliations with gangs known as triads , who beat students and forcibly tried to remove them from their places of protest. There have also been several accusations of excessive use of force by the Hong Kong Police which are under investigation. (9) The United States enjoys close economic, social, and cultural ties with Hong Kong. According to the Department of State, 60,000 United States citizens live in Hong Kong, and 1,400 United States businesses have offices there. According to the Office of the United States Trade Representative, Hong Kong is the United States 18th largest trade partner and 9th largest goods export market. (10) Hong Kong’s unique status as an international finance center where the rule of law and the rights and freedoms of its citizens are protected has served as the foundation for Hong Kong’s stability and prosperity. (11) Section 301 of the Hong Kong Policy Act of 1992 ( 22 U.S.C. 5731 ) required the Secretary of State to issue reports on conditions in Hong Kong of interest to the United States, including the development of democratic institutions in Hong Kong, and the last report under section 301 was issued on June 30, 2007. (12) Failure to establish a genuine democratic option to nominate and elect the Chief Executive of Hong Kong by 2017 and to establish open and direct democratic elections for all members of the Hong Kong Legislative Council by 2020 would reduce confidence in the commitment of the Government of the People’s Republic of China to uphold its obligations under international law, and would erode the ability of Hong Kong to retain a high degree of autonomy. (13) During an October 2014 session, the United Nations Human Rights Committee, consisting of 18 independent experts, reviewed China’s compliance with the International Covenant on Civil and Political Rights with respect to Hong Kong. According to the session’s chair, the Committee agreed on the need to ensure universal suffrage, which means both the right to be elected as well as the right to vote. The main concerns of Committee members were focused on the right to stand for elections without unreasonable restrictions. Another Committee member said that the committee doesn’t want candidates filtered. The problem is that Beijing wants to vet candidates. . (14) The Congressional-Executive Commission on China’s 2014 Annual Report found that press freedom in Hong Kong is under threat, including reports of violent attacks on individuals associated with the press, self-censorship among journalists, and pressure from the Hong Kong and central governments and mainland Chinese businesses. . (15) The Hong Kong Journalists Association’s 2014 Annual Report noted that Hong Kong journalists rated self-censorship at 6.9 on a 10 point scale, which the Association considered a low level of press freedom. (16) Hong Kong ranked 61st among 180 countries in Reporters Without Borders' 2014 World Press Freedom Index, down three places from the previous year and a significant decline from 2002 when Hong Kong ranked 18th. (17) By providing timely, uncensored, accurate information in their native language, United States international broadcast services, through the Broadcasting Board of Governors, help those living in countries with poor human rights records, such as China, to better defend their human rights and hold their government accountable. 3. Statement of policy It is the policy of the United States— (1) to reaffirm the principles and objectives set forth in the United States-Hong Kong Policy Act of 1992, namely that— (A) the United States has a strong interest in the continued vitality, prosperity, and stability of Hong Kong ; (B) support for democratization is a fundamental principle of United States foreign policy ; (C) the human rights of the people of Hong Kong are of great importance to the United States and are directly relevant to United States interests in Hong Kong ; (D) human rights serve as a basis for Hong Kong’s continued economic prosperity ; and (E) Hong Kong must remain sufficiently autonomous from the People’s Republic of China to justify a different treatment under a particular law of the United States, or any provision thereof, from that accorded the People’s Republic of China; (2) to support the democratic aspirations of the people of Hong Kong, as guaranteed to them by the Joint Declaration, the Basic Law, the International Covenant on Civil and Political Rights, and the Universal Declaration of Human Rights; (3) to urge the Government of the People's Republic of China to uphold its commitments to Hong Kong, including allowing the people of Hong Kong to rule Hong Kong with a high degree of autonomy and without undue interference, and ensuring that Hong Kong voters freely enjoy the right to elect the Chief Executive and all members of the Hong Kong Legislative Council by universal suffrage; (4) to support the establishment by 2017 of a genuine democratic option to freely and fairly nominate and elect the Chief Executive of Hong Kong, and the establishment by 2020 of open and direct democratic elections for all members of the Hong Kong Legislative Council; and (5) to support press freedom and journalistic independence, including the continuation of international broadcasting programming in Cantonese that is readily accessible to Cantonese speaking populations in China and in Hong Kong. 4. Reinstatement of reporting requirements related to United States-Hong Kong relations Section 301 of the United States-Hong Kong Policy Act of 1992 ( 22 U.S.C. 5731 ) is amended— (1) by striking Not later than and all that follows through the Secretary of State and inserting Not later than March 31, 2015, and annually thereafter for 10 years or until such earlier date that the Secretary of State certifies that Hong Kong has held free and fair elections for two consecutive Chief Executive and two consecutive Legislative Council periods, the Secretary of State ; (2) by striking Speaker of the House of Representatives and inserting chairman of the Committee on Foreign Affairs of the House of Representatives ; (3) in paragraph (7), by striking ; and and inserting a semicolon; (4) in paragraph (8), by striking the period at the end and inserting ; and ; and (5) by adding at the end the following new paragraph: (9) matters in which Hong Kong is given separate treatment under the laws of the United States from that accorded to the People’s Republic of China and in accordance with this Act. . 5. Treatment of Hong Kong under United States law Title II of the United States-Hong Kong Policy Act of 1992 ( 22 U.S.C. 5721 et seq. ) is amended by inserting after section 202 the following new section: 202a. Treatment of Hong Kong under United States law (a) Presidential certification requirement Hong Kong is ineligible for treatment different from that accorded the People's Republic of China under United States laws, agreements, or arrangements enacted or entered into after the date of the enactment of this Act unless the President certifies to Congress that Hong Kong is sufficiently autonomous to justify such different treatment. (b) Waiver authority The President may waive the application of subsection (a) if the President— (1) determines that such a waiver is in the national security interests of the United States; and (2) on or before the date on which the waiver takes effect, submits to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a notice of and justification for the waiver. .
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113-hr-5697
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I 113th CONGRESS 2d Session H. R. 5697 IN THE HOUSE OF REPRESENTATIVES November 13, 2014 Mr. Brady of Texas (for himself and Mr. Neal ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title II of the Social Security Act to repeal the windfall elimination provision and protect the retirement of public servants.
1. Short title This Act may be cited as the Equal Treatment of Public Servants Act of 2014 . 2. Replacement of the windfall elimination provision with a formula equalizing benefits for certain individuals with non-covered employment (a) In general Section 215(a) of the Social Security Act ( 42 U.S.C. 415(a) ) is amended by inserting after paragraph (7) the following: (8) (A) In the case of an individual whose primary insurance amount would be computed under paragraph (1) of this subsection— (i) who becomes eligible for old-age insurance benefits after 2016 or would attain age 62 after 2016 and becomes eligible for disability insurance benefits after 2016, (ii) who subsequently becomes entitled to such benefits, and (iii) who has earnings derived from noncovered service performed in a year after 1977, the primary insurance amount of such individual shall be computed or recomputed under this paragraph. (B) The primary insurance amount of an individual described in subparagraph (A), as computed or recomputed under this paragraph, shall be the product derived by multiplying— (i) the individual’s primary insurance amount, as determined under paragraph (1) of this subsection and subparagraph (C) of this paragraph, by (ii) a fraction— (I) the numerator of which is the individual’s average indexed monthly earnings (determined without regard to subparagraph (C)), and (II) the denominator of which is an amount equal to the individual’s average indexed monthly earnings (as determined under subparagraph (C)), rounded, if not a multiple of $0.10, to the next lower multiple of $0.10. (C) (i) For purposes of determining an individual’s primary insurance amount pursuant to clauses (i) and (ii)(II) of subparagraph (B), the individual’s average indexed monthly earnings shall be determined by treating all recorded noncovered earnings (as defined in clause (ii)(I)) derived by the individual from noncovered service performed in each year after 1977 as wages (as defined in section 209 for purposes of this title), which shall be treated as included in the individual’s adjusted total covered earnings (as defined in clause (ii)(II)) for such calendar year together with amounts consisting of wages (as so defined without regard to this subparagraph) paid during such calendar year and self-employment income (as defined in section 211(b)) for taxable years ending with or during such calendar year. (ii) For purposes of this subparagraph— (I) The term recorded noncovered earnings means earnings derived from noncovered service (other than noncovered service as a member of a uniformed service (as defined in section 210(m))) for which satisfactory evidence is determined by the Commissioner to be available in the records of the Commissioner. (II) The term adjusted total covered earnings means, in connection with an individual for any calendar year, the sum of the wages paid to the individual during such calendar year (as adjusted under subsection (b)(3)) plus the self-employment income derived by the individual during any taxable year ending with or during such calendar year (as adjusted under subsection (b)(3)). (iii) The Commissioner of Social Security shall provide by regulation for methods for determining whether satisfactory evidence is available in the records of the Commissioner for earnings for noncovered service (other than noncovered service as a member of a uniformed service (as defined in section 210(m))) to be treated as recorded noncovered earnings. Such methods shall provide for reliance on earnings information which is provided to the Commissioner by employers and which, as determined by the Commissioner, constitute a reasonable basis for treatment of earnings for noncovered service as recorded noncovered earnings. In making determinations under this clause, the Commissioner shall also take into account any documentary evidence of earnings derived from noncovered service by an individual which is provided by the individual to the Commissioner and which the Commissioner considers appropriate as a reasonable basis for treatment of such earnings as recorded noncovered earnings, except that such evidence provided by the individual shall be taken into account only to the extent that such evidence does not relate to earnings for service with respect to which information regarding earnings has already been obtained by the Commissioner from the employer and only to the extent that such evidence does not result in a reduction in the individual's primary insurance amount as calculated under subparagraph (B). (D) Upon the death of an individual whose primary insurance amount is computed or recomputed under this paragraph, such primary insurance amount shall be computed or recomputed under paragraph (1) of this subsection. . (b) Modification of windfall elimination provision for current beneficiaries; recovery of certain overpayments Section 215(a)(7) of such Act ( 42 U.S.C. 415(a)(7) ) is amended by adding at the end the following: (F) (i) Notwithstanding subparagraph (A), for purposes of determining the amount of monthly insurance benefits for months after December 2016, the primary insurance amount of an individual described in subparagraph (A), or an individual described in subparagraph (G) whose primary insurance amount was calculated or recalculated under subparagraph (B), shall be deemed to be equal to the sum of— (I) the primary insurance amount of such individual computed or recomputed under subparagraph (B); plus (II) the applicable percentage (determined under clause (ii)) of the amount by which the primary insurance amount of such individual computed or recomputed under subparagraph (B) is exceeded by the primary insurance amount of such individual that would be determined without regard to this paragraph. (ii) The applicable percentage determined under this clause shall be a percentage (but not more than 50 percent) which shall be determined by the Commissioner on the basis of the amount of the savings generated as a result of the enactment of the Equal Treatment of Public Servants Act of 2014 . The Commissioner shall determine and promulgate the applicable percentage determined under this clause on or before November 1, 2016, based upon the most recent actuarial estimates then available. (G) In the case of an individual whose primary insurance amount would be computed under paragraph (1) of this subsection who— (i) attains age 62 after 1985 and before 2017 (except where he or she became entitled to a disability insurance benefit before 1986 and remained so entitled in any of the 12 months immediately preceding his or her attainment of age 62), or (ii) would attain age 62 after 1985 and before 2017 and becomes eligible for a disability insurance benefit after 1985 and before 2017, and (iii) is eligible for old-age insurance benefits or disability insurance benefits for December 2016, (iv) has recorded noncovered earnings (as defined in paragraph (8)(C)(ii)), and (v) has less than 30 years of coverage (as defined in subparagraph (D)), the primary insurance amount of such individual shall be computed or recomputed under this paragraph unless such individual provides to the Commissioner evidence determined to be satisfactory by the Commissioner that such individual has not received any periodic payment attributable to noncovered service. The Commissioner shall, in accordance with section 204, recover from such individual described in subparagraph (A), and any other individual receiving benefits under this title on the basis of the wages and self-employment income of such individual described in subparagraph (A), any excess of the total amount of benefits under this title paid to each such individual prior to 2017 over the amount computed on the basis of the primary insurance amount computed or recomputed under this paragraph without regard to subparagraph (F). . (c) Conforming amendments Section 215(a)(7)(A) of such Act ( 42 U.S.C. 415(a)(7)(A) ) is amended— (1) by striking after 1985 each place it appears and inserting after 1985 and before 2017 ; and (2) by striking hereafter in this paragraph and in subsection (d)(3) and inserting in this paragraph, paragraph (8), and subsection (d)(3) .
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https://www.govinfo.gov/content/pkg/BILLS-113hr5697ih/xml/BILLS-113hr5697ih.xml
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113-hr-5698
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I 113th CONGRESS 2d Session H. R. 5698 IN THE HOUSE OF REPRESENTATIVES November 13, 2014 Mr. McCaul introduced the following bill; which was referred to the Committee on the Judiciary A BILL To create an independent advisory panel to comprehensively assess the leadership structure, protocols, training, tools, and capabilities of the United States Secret Service and make recommendations to improve the efficiency and effectiveness of the Service, and for other purposes.
1. Short title This Act may be cited as the United States Secret Service Accountability and Improvement Act of 2014 . 2. Findings (a) In general Congress finds the following: (1) Several recent failures have drawn negative attention to the protective mission of the United States Secret Service. Such key failures include lapses in responding appropriately to potential threats to the White House complex, United States Secret Service personnel exhibiting conduct that is unbecoming to the Service in several instances, and reports of United States Secret Service personnel misusing the authorities and resources of the Service. (2) For example, on September 19, 2014, an individual obtained unauthorized access to the White House. Such access was obtained after failures in five security layers by the United States Secret Service. In another example, on November 11, 2011, an individual fired multiple shots from a semiautomatic rifle at the White House complex. It was revealed that a total of seven bullets struck the exterior of the building. The Service failed to fully investigate the incident in a timely manner or to disclose it. (3) On March 23, 2014, a Special Agent assigned to the Counter Assault Team was found intoxicated to the point of unconsciousness in a hotel in Amsterdam in advance of a Presidential visit. In another example, on April 11, 2012, conduct unbecoming to United States Secret Service personnel was exhibited before a Presidential visit to Cartagena, Columbia. Nine personnel were involved in serious misconduct. (4) Surveillance personnel from the Washington field office were diverted in 2011 from supporting the protective mission at the request of senior leadership in order to provide protection to a United States Secret Service employee at her home following a neighborhood dispute. Such a diversion was outside the scope of the Service’s duties and violated the Standards of Ethical Conduct for Employees of the Executive Branch. (b) Further findings Congress further finds that the protection of the President, Vice President, First and Second Families, and former Presidents is a matter of national security. Any issues that distract from the protective mission of the United States Secret Service are a threat to the national security of the United States. 3. Establishment There is established in the legislative branch an independent advisory panel to— (1) examine the efficiency and effectiveness of the leadership structure, protocols, training, tools, and capabilities of the Department of Homeland Security’s mission to protect national leaders, visiting heads of state and government, designated sites, and special events of national significance (in accordance with paragraph (1) of section 3056(e) of title 18 United States Code); and (2) make recommendations to improve the overall efficiency and effectiveness of the United States Secret Service. 4. Membership (a) In general The independent advisory panel (in this Act referred to as the Panel ) established pursuant to section 3 shall be composed of eight members, as follows: (1) Two members shall be appointed by the Speaker of the House of Representatives, in coordination with the chairs of the Committee on the Judiciary and the Committee on Homeland Security of the House of Representatives. Only one of such members may be from the same political party as the Speaker of the House of Representatives. (2) Two members shall be appointed by the majority leader of the Senate, in coordination with the chairs of the Committee on the Judiciary and the Committee on Homeland Security and Governmental Affairs of the Senate. Only one of such members may be from the same political party as the majority leader of the Senate. (3) One member shall be appointed by the minority leader of the House of Representatives, in coordination with the ranking members of the Committee on the Judiciary and the Committee on Homeland Security of the House of Representatives. (4) One member shall be appointed by the minority leader of the Senate, in coordination with the ranking members of the Committee on the Judiciary and the Committee on Homeland Security and Governmental Affairs of the Senate. (5) Two members shall be appointed by the President, in consultation with the Secretary of Homeland Security. Only one of such members may be from the same political party as the President. (b) Prohibition Except as provided in subsection (a), members of the Panel may not be current appointees of the President’s Administration or Members of Congress, in order to ensure objectivity of the Panel’s assessments. No member may be or have been an employee of the United States Secret Service at any point in their career. (c) Deadline for appointments All appointments to the Panel shall be made not later than 90 days after the date of the enactment of this Act. (d) Co-Chairs The Panel shall have two co-chairs, as follows: (1) A co-chair who shall be a member of the Panel designated by the Speaker of the House of Representatives. (2) A co-chair who shall be a member of the Panel designated by the majority leader of the Senate. (e) Vacancy In the event of a vacancy on the Panel, the individual appointed to fill the vacant seat shall be— (1) subject to paragraph (2), appointed by the same officer (or the officer’s successor) who made the appointment to the seat when the Panel was first established; or (2) if the officer’s successor is of a party other than the party of the officer who made the initial appointment when the Panel was first established, chosen in consultation with the senior officers of the House of Representatives and the Senate of the party which is the party of the officer who made such initial appointment. (f) Government employees Members of the Panel who are officers or employees of the Federal Government shall serve without additional pay (or benefits in the nature of compensation) for service as a member of the Panel. (g) Initial meeting The Panel shall meet and begin the operations of the Panel not later than 60 days after the appointment of all Panel members under subsection (a). 5. Duties The Panel shall assess the current leadership structure, protocols, training, tools, and capabilities of the United States Secret Service, including assessing— (1) the unity of effort between the divisions of the United States Secret Service, law enforcement agencies, and other components of the Department of Homeland Security related to the protective and investigative missions, including whether mission duplication with other Federal entities exists; (2) the impact of United States Secret Service personnel culture on the effectiveness and efficiency of the Service, including Special Agent and Uniformed Division retention; (3) the impact any leadership or security deficiencies have on the threat from acts of terrorism or other security incidents; (4) identification of all security breaches at locations under United States Secret Service protection in the past five years; (5) the extent to which current resources provide for accomplishing the mission of the United States Secret Service; (6) the effectiveness of communications and dissemination of homeland security information within the United States Secret Service and with other law enforcement entities in routine as well as emergency situations; and (7) any necessary recommendations for congressional consideration. 6. Powers and authorities (a) In general The Panel or, on the authority of the Panel, any portion thereof, may, for the purpose of carrying out this section— (1) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, administer such oaths (provided that the quorum for a hearing shall be two members of the Panel); and (2) subject to subsection (b), require by subpoena or otherwise provide for the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Panel, or such portion thereof, may determine advisable. (b) Open to the public Hearings and other activities conducted under subsection (a) shall be open to the public unless the Panel, or, on the authority of the Panel, any portion thereof, determines that such is not appropriate, including for reasons relating to the disclosure of information or material regarding the national security interests of the United States or the disclosure of sensitive law enforcement data. (c) Subpoenas (1) Issuance (A) In general A subpoena may be issued under this subsection only— (i) by the two co-chairs; or (ii) by the affirmative recorded vote of six members of the Panel. (B) Signature Subpoenas issued under this subsection may be— (i) issued under the signature of the two co-chairs or any member designated by a majority of the Panel; and (ii) served by any person designated by the two co-chairs or by any member designated by a majority of the Panel. (2) Enforcement (A) In general In the case of contumacy or failure to obey a subpoena issued under this subsection, the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as contempt of that court. (B) Additional enforcement In the case of any failure of any witness to comply with any subpoena, the Panel may, by majority vote, certify a statement of fact constituting such failure to the appropriate United States attorney, who may bring the matter before a grand jury for its action, under the same statutory authority and procedures as if the United States attorney had received a certification under sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192 through 194). (d) Personnel (1) In general The Panel shall have the authorities provided in section 3161 of title 5, United States Code, and shall be subject to the conditions specified in such section, except to the extent that such conditions would be inconsistent with the requirements of this section. (2) Compensation The co-chairs, in accordance with rules agreed upon by the Panel, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Panel to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this paragraph may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (3) Detailees Any employee of the Federal Government may be detailed to the Panel without reimbursement from the Panel, and such employee shall retain the rights, status, and privileges of such employee’s regular employment without interruption. (4) Expert and consultant services The Panel is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (5) Volunteer services Notwithstanding section 1342 of title 31, United States Code, the Panel may accept and use voluntary and uncompensated services as the Panel determines necessary. (e) Security clearances The appropriate departments or agencies of the Federal Government shall cooperate with the Panel in expeditiously providing to the Panel members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements, except that no person shall be provided with access to classified information under this section without the appropriate security clearances. (f) Contracting The Panel may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Panel to carry out its duties under this Act. (g) Postal services The Panel may use the United States mails in the same manner and under the same conditions as departments and agencies of the Federal Government. (h) Support services Upon request of the Panel, the Administrator of General Services shall provide the Panel, on a reimbursable basis, with the administrative support services necessary for the Panel to carry out its duties under this Act. Such administrative services may include human resource management, budget, leasing, accounting, and payroll services. (i) Rules of procedure The Panel may establish rules for the conduct of the Panel’s business, if such rules are not inconsistent with this Act or other applicable law. (j) Nonapplicability of the Federal Advisory Committee Act The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Panel. (k) Termination The Panel shall terminate on the date that is 60 days after the date of the submission of its final report. 7. Reports to Congress (a) Interim report Not later than nine months after the date of the appointment of all the members of the Panel, the Panel shall submit to the Committee on the Judiciary and the Committee on Homeland Security of the House of Representatives and the Committee on the Judiciary and the Committee on Homeland Security and Governmental Affairs of the Senate an interim report, including the results and findings of the assessments carried out in accordance with section 5. (b) Other reports and briefings The Panel may from time to time submit to the committees specified in subsection (a) such other reports and briefings relating to the assessments carried out in accordance with section 5 as the Panel considers appropriate. Such committees may request information on the Panel’s progress as it conducts its work. (c) Final report Not later than eighteen months after the date of the appointment of all the members of the Panel, the Panel shall submit to the committees specified in subsection (a) a final report on the assessments carried out in accordance with section 5. Such final report shall— (1) include the findings of the Panel; (2) identify lessons learned related to United States Secret Service leadership issues; and (3) include specific recommendations, including those for congressional consideration, relating to— (A) improving the efficiency and effectiveness of the leadership structure, protocols, training, tools, and capabilities of the Department of Homeland Security’s mission to protect national leaders, visiting heads of state and government, designated sites, and special events of national significance (in accordance with paragraph (1) of section 3056(e) of title 18 United States Code); (B) improving unity of effort between the divisions of the United States Secret Service and other law enforcement agencies and other components of the Department of Homeland Security relating to the protective and, as applicable, investigative missions, including whether duplication with other Federal entities exists; (C) eliminating barriers to effective communications in routine as well as emergency situations; (D) identifying and mitigating cultural issues within the United States Secret Service that detract from the mission of the Service; and (E) improvements needed to mitigate risks based on past security breaches.
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113-hr-5699
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I 113th CONGRESS 2d Session H. R. 5699 IN THE HOUSE OF REPRESENTATIVES November 13, 2014 Mr. George Miller of California introduced the following bill; which was referred to the Committee on Natural Resources A BILL To authorize the Secretary of the Interior to acquire approximately 44 acres of land in Martinez, California, and for other purposes.
1. Short title This Act may be cited as the John Muir National Historic Site Expansion Act . 2. John Muir National Historic Site land acquisition (a) Acquisition The Secretary of the Interior may acquire by donation the approximately 44 acres of land, and interests in such land, that are identified on the map entitled John Muir National Historic Site Proposed Boundary Expansion , numbered 426/127150, and dated November, 2014. (b) Boundary Upon the acquisition of the land authorized by subsection (a), the Secretary of the Interior shall adjust the boundaries of the John Muir Historic Site in Martinez, California, to include the land identified on the map referred to in subsection (a). (c) Administration The land and interests in land acquired under subsection (a) shall be administered as part of the John Muir National Historic Site established by the Act of August 31, 1964 ( Public Law 88–547 ; 78 Stat. 753; 16 U.S.C. 461 note).
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113-hr-5700
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I 113th CONGRESS 2d Session H. R. 5700 IN THE HOUSE OF REPRESENTATIVES November 13, 2014 Mrs. Bustos (for herself, Ms. Schakowsky , Mr. Shimkus , Mr. Quigley , Mr. Lipinski , Mr. Rush , Ms. Duckworth , Mr. Rodney Davis of Illinois , Mr. Enyart , Mr. Foster , Mr. Gutiérrez , Ms. Kelly of Illinois , Mr. Kinzinger of Illinois , Mr. Danny K. Davis of Illinois , Mr. Schock , Mr. Schneider , Mr. Hultgren , and Mr. Roskam ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To designate the community based outpatient clinic of the Department of Veterans Affairs located at 310 Home Boulevard in Galesburg, Illinois, as the Lane A. Evans VA Community Based Outpatient Clinic .
1. Lane A. Evans VA Community Based Outpatient Clinic (a) Designation The community based outpatient clinic of the Department of Veterans Affairs located at 310 Home Boulevard in Galesburg, Illinois, shall be known and designated as the Lane A. Evans VA Community Based Outpatient Clinic . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the community based outpatient clinic referred to in subsection (a) shall be deemed to be a reference to the Lane A. Evans VA Community Based Outpatient Clinic .
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113-hr-5701
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I 113th CONGRESS 2d Session H. R. 5701 IN THE HOUSE OF REPRESENTATIVES November 13, 2014 Mr. DeFazio (for himself and Mr. Schrader ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To require that certain Federal lands be held in trust by the United States for the benefit of federally recognized tribes in the State of Oregon, and for other purposes.
1. Short title This Act may be cited as the Western Oregon Indian Tribal Lands Act . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Title I—Reservation of Confederated Tribes of the Grand Ronde Community of Oregon Sec. 101. Additional lands for reservation. Title II—Oregon Coastal Lands Sec. 201. Short title. Sec. 202. Definitions. Sec. 203. Conveyance. Sec. 204. Map and legal description. Sec. 205. Administration. Sec. 206. Land reclassification. Title III—Cow Creek Umpqua Land Conveyance Sec. 301. Short title. Sec. 302. Definitions. Sec. 303. Conveyance. Sec. 304. Map and legal description. Sec. 305. Administration. Sec. 306. Land reclassification. Title IV—Siletz Tribe Indian Restoration Act Sec. 401. Purpose; clarification. Sec. 402. Treatment of certain property of the Siletz tribe of the State of Oregon. Title V—Amendments to Coquille Restoration Act Sec. 501. Amendments to Coquille Restoration Act. I Reservation of Confederated Tribes of the Grand Ronde Community of Oregon 101. Additional lands for reservation Section 1 of the Act entitled An Act to establish a reservation for the Confederated Tribes of the Grand Ronde Community of Oregon, and for other purposes, approved September 9, 1988 ( Public Law 100–425 ; 102 Stat. 1594; 102 Stat. 2939; 104 Stat. 207; 106 Stat. 3255; 108 Stat. 708; 108 Stat. 4566; 112 Stat. 1896), is amended— (1) in subsection (a)— (A) by striking Subject to valid and inserting the following: (1) In general Subject to valid ; and (B) by adding after paragraph (1) (as designated by subparagraph (A)) the following: (2) Additional trust acquisitions (A) In general The Secretary may accept title to any additional number of acres of real property located within the boundaries of the original 1857 reservation of the Confederated Tribes of the Grand Ronde Community of Oregon established by Executive order dated June 30, 1857, comprised of land within the political boundaries of Polk and Yamhill Counties, Oregon, if that real property is conveyed or otherwise transferred to the United States by or on behalf of the Tribe. (B) Treatment of trust land (i) Applications to take land into trust within the boundaries of the original 1857 reservation shall be treated by the Secretary as an on-reservation trust acquisition. (ii) Any real property taken into trust under this paragraph shall not be eligible, or used, for any Class II or Class III gaming activity carried out under the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq. ), except for real property within 2 miles of the gaming facility in existence on the date of enactment of this paragraph that is located on State Highway 18 in the Grand Ronde community of Oregon. (C) Reservation All real property taken into trust within those boundaries at any time after September 9, 1988, shall be part of the reservation of the Tribe. ; and (2) in subsection (c)— (A) in the matter preceding the table, by striking in subsection (a) are approximately 10,311.60 and inserting in subsection (a)(1) are approximately 11,349.92 ; and (B) in the table— (i) by striking the following: 6 7 8 Tax lot 800 5.55 ; and inserting the following: 6 7 7, 8, 17, 18 Former tax lot 800, located within the SE ¼ SE ¼ of Section 7; SW ¼ SW ¼ of Section 8; NW ¼ NW ¼ of Section 17; and NE ¼ NE ¼ of Section 18 5.55 ; (ii) in the acres column of the last item added by section 2(a)(1) of Public Law 103–445 (108 Stat. 4566), by striking 240 and inserting 241.06 ; and (iii) by striking all text after 6 7 18 E ½ NE ¼ 43.42 ; and inserting the following: 6 8 1 W ½ SE ¼ SE ¼ 20.6 6 8 1 N ½ SW ¼ SE ¼ 19.99 6 8 1 SE ¼ NE ¼ 9.99 6 8 1 NE ¼ SW ¼ 10.46 6 8 1 NE ¼ SW ¼, NW ¼ SW ¼ 12.99 6 7 6 SW ¼ NW ¼ 37.39 6 7 5 SE ¼ SW ¼ 24.87 6 7 5, 8 SW ¼ SE ¼ of Section 5; and NE ¼ NE ¼, NW ¼ NE ¼, NE ¼ NW ¼ of Section 8 109.9 6 8 1 NW ¼ SE ¼ 31.32 6 8 1 NE ¼ SW ¼ 8.89 6 8 1 SW ¼ NE ¼, NW ¼ NE ¼ 78.4 6 7 8, 17 SW ¼ SW ¼ of Section 8; and NE ¼ NW ¼, NW ¼ NW ¼ of Section 17 14.33 6 7 17 NW¼ NW ¼ 6.68 6 8 12 SW ¼ NE¼ 8.19 6 8 1 SE ¼ SW ¼ 2.0 6 8 1 SW ¼ SW ¼ 5.05 6 8 12 SE ¼, SW ¼ 54.64 6 7 17, 18 SW ¼, NW ¼ of Section 17; and SE ¼, NE ¼ of Section 18 136.83 6 8 1 SW ¼ SE ¼ 20.08 6 7 5 NE ¼ SE ¼, SE ¼ SE ¼, E ½ SE ¼ SW ¼ 97.38 4 7 31 SE ¼ 159.60 6 7 17 NW ¼ NW ¼ 3.14 6 8 12 NW ¼ SE ¼ 1.10 6 7 8 SW ¼ SW ¼ 0.92 6 8 12 NE ¼ NW ¼ 1.99 6 7 7 NW ¼ NW ¼ of Section 7; and 6 8 12 S ½ NE ¼, E ½ NE ¼ NE ¼ of Section 12 86.48 6 8 12 NE ¼ NW ¼ 1.56 6 7 6 W ½ SW ¼ SW ¼ of Section 6; and 6 8 1 E ½ SE ¼ SE ¼ of Section 1 35.82 6 7 5 E ½ NW ¼ SE ¼ 19.88 6 8 12 NW ¼ NE ¼ 0.29 6 8 1 SE ¼ SW ¼ 2.5 6 7 8 NE ¼ NW ¼ 7.16 6 8 1 SE ¼ SW ¼ 5.5 6 8 1 SE ¼ NW ¼ 1.34 Total 11,349.92 . II Oregon Coastal Lands 201. Short title This title may be cited as the Oregon Coastal Lands Act . 202. Definitions In this title: (1) Confederated tribes The term Confederated Tribes means the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians. (2) Oregon coastal land The term Oregon Coastal land means the approximately 14,408 acres of land, as generally depicted on the map entitled Oregon Coastal Land Conveyance and dated March 27, 2013. (3) Secretary The term Secretary means the Secretary of the Interior. 203. Conveyance (a) In general Subject to valid existing rights, including rights-of-way, all right, title, and interest of the United States in and to the Oregon Coastal land, including any improvements located on the land, appurtenances to the land, and minerals on or in the land, including oil and gas, shall be— (1) held in trust by the United States for the benefit of the Confederated Tribes; and (2) part of the reservation of the Confederated Tribes. (b) Survey Not later than one year after the date of enactment of this Act, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection (a). 204. Map and legal description (a) In general As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Oregon Coastal land with— (1) the Committee on Energy and Natural Resources of the Senate; and (2) the Committee on Natural Resources of the House of Representatives. (b) Force and effect The map and legal description filed under subsection (a) shall have the same force and effect as if included in this title, except that the Secretary may correct any clerical or typographical errors in the map or legal description. (c) Public availability The map and legal description filed under subsection (a) shall be on file and available for public inspection in the Office of the Secretary. 205. Administration (a) In general Unless expressly provided in this title, nothing in this title affects any right or claim of the Confederated Tribes existing on the date of enactment of this Act to any land or interest in land. (b) Prohibitions (1) Exports of unprocessed logs Federal law (including regulations) relating to the export of unprocessed logs harvested from Federal land shall apply to any unprocessed logs that are harvested from the Oregon Coastal land taken into trust under section 203. (2) Non-permissible use of land Any real property taken into trust under section 203 shall not be eligible, or used, for any gaming activity carried out under Public Law 100–497 ( 25 U.S.C. 2701 et seq. ). (c) Laws applicable to commercial forestry activity Any commercial forestry activity that is carried out on the Oregon Coastal land taken into trust under section 203 shall be managed in accordance with all applicable Federal laws, including the National Indian Forest Resources Management Act ( 25 U.S.C. 3101 et seq. ). (d) Agreements The Confederated Tribes shall consult with the Secretary and other parties as necessary to develop agreements to provide for access to the Oregon Coastal land taken into trust under section 203 that provide for— (1) honoring existing reciprocal right-of-way agreements; (2) administrative access by the Bureau of Land Management; and (3) management of the Oregon Coastal land that are acquired or developed under the Land and Water Conservation Fund Act of 1965 ( 16 U.S.C. 460l–4 et seq. ), consistent with section 8(f)(3) of that Act ( 162 U.S.C. 460l–8(f)(3) ). (e) Land use planning requirements Except as provided in subsection (c), once the Oregon Coastal land is taken into trust under section 203, the land shall not be subject to the land use planning requirements of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) or the Act of August 28, 1937 (43 U.S.C. 1181a et seq.). 206. Land reclassification (a) Identification of Oregon and California railroad grant land Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture and the Secretary shall identify any Oregon and California Railroad grant land that is held in trust by the United States for the benefit of the Confederated Tribes under section 203. (b) Identification of public domain land Not later than 18 months after the date of enactment of this Act, the Secretary shall identify public domain land in the State of Oregon that— (1) is approximately equal in acreage and condition as the Oregon and California Railroad grant land identified under subsection (a); and (2) is located in the vicinity of the Oregon and California Railroad grant land. (c) Maps Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress and publish in the Federal Register one or more maps depicting the land identified in subsections (a) and (b). (d) Reclassification (1) In general After providing an opportunity for public comment, the Secretary shall reclassify the land identified in subsection (b) as Oregon and California Railroad grant land. (2) Applicability The Act of August 28, 1937 ( 43 U.S.C. 1181a et seq. ), shall apply to land reclassified as Oregon and California Railroad grant land under paragraph (1). III Cow Creek Umpqua Land Conveyance 301. Short title This title may be cited as the Cow Creek Umpqua Land Conveyance Act . 302. Definitions In this title: (1) Council creek land The term Council Creek land means the approximately 17,519 acres of land, as generally depicted on the map entitled Canyon Mountain Land Conveyance and dated June 27, 2013. (2) Tribe The term Tribe means the Cow Creek Band of Umpqua Tribe of Indians. (3) Secretary The term Secretary means the Secretary of the Interior. 303. Conveyance (a) In general Subject to valid existing rights, including rights-of-way, all right, title, and interest of the United States in and to the Council Creek land, including any improvements located on the land, appurtenances to the land, and minerals on or in the land, including oil and gas, shall be— (1) held in trust by the United States for the benefit of the Tribe; and (2) part of the reservation of the Tribe. (b) Survey Not later than one year after the date of enactment of this Act, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection (a). 304. Map and legal description (a) In general As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Council Creek land with— (1) the Committee on Energy and Natural Resources of the Senate; and (2) the Committee on Natural Resources of the House of Representatives. (b) Force and effect The map and legal description filed under subsection (a) shall have the same force and effect as if included in this title, except that the Secretary may correct any clerical or typographical errors in the map or legal description. (c) Public availability The map and legal description filed under subsection (a) shall be on file and available for public inspection in the Office of the Secretary. 305. Administration (a) In general Unless expressly provided in this title, nothing in this title affects any right or claim of the Tribe existing on the date of enactment of this Act to any land or interest in land. (b) Prohibitions (1) Exports of unprocessed logs Federal law (including regulations) relating to the export of unprocessed logs harvested from Federal land shall apply to any unprocessed logs that are harvested from the Council Creek land. (2) Non-permissible use of land Any real property taken into trust under section 303 shall not be eligible, or used, for any gaming activity carried out under Public Law 100–497 ( 25 U.S.C. 2701 et seq. ). (c) Forest management Any forest management activity that is carried out on the Council Creek land shall be managed in accordance with all applicable Federal laws, including the National Indian Forest Resources Management Act ( 25 U.S.C. 3101 et seq. ). 306. Land reclassification (a) Identification of Oregon and California railroad grant land Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture and the Secretary shall identify any Oregon and California Railroad grant land that is held in trust by the United States for the benefit of the Tribe under section 303. (b) Identification of public domain land Not later than 18 months after the date of enactment of this Act, the Secretary shall identify public domain land in the State of Oregon that— (1) is approximately equal in acreage and condition as the Oregon and California Railroad grant land identified under subsection (a); and (2) is located in the vicinity of the Oregon and California Railroad grant land. (c) Maps Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress and publish in the Federal Register one or more maps depicting the land identified in subsections (a) and (b). (d) Reclassification (1) In general After providing an opportunity for public comment, the Secretary shall reclassify the land identified in subsection (b) as Oregon and California Railroad grant land. (2) Applicability The Act of August 28, 1937 ( 43 U.S.C. 1181a et seq. ), shall apply to land reclassified as Oregon and California Railroad grant land under paragraph (1). IV Siletz Tribe Indian Restoration Act 401. Purpose; clarification (a) Purpose The purpose of this title is to facilitate fee-to-trust applications for the Siletz Tribe within the geographic area specified in the amendment made by this title. (b) Clarification Except as specifically provided otherwise by this title or the amendment made by this title, nothing in this title or the amendment made by this title, shall prioritize for any purpose the claims of any federally recognized Indian tribe over the claims of any other federally recognized Indian tribe. 402. Treatment of certain property of the Siletz tribe of the State of Oregon Section 7 of the Siletz Tribe Indian Restoration Act ( 25 U.S.C. 711e ) is amended by adding at the end the following: (f) Treatment of certain property (1) In general (A) Title The Secretary may accept title to any additional number of acres of real property located within the boundaries of the original 1855 Siletz Coast Reservation established by Executive order dated November 9, 1855, comprised of land within the political boundaries of Benton, Douglas, Lane, Lincoln, Tillamook, and Yamhill Counties in the State of Oregon, if that real property is conveyed or otherwise transferred to the United States by or on behalf of the tribe. (B) Trust Land to which title is accepted by the Secretary under this paragraph shall be held in trust by the United States for the benefit of the tribe. (2) Treatment as part of reservation All real property that is taken into trust under paragraph (1) shall— (A) be considered and evaluated as an on-reservation acquisition under part 151.10 of title 25, Code of Federal Regulations (or successor regulations); and (B) become part of the reservation of the tribe. (3) Prohibition on gaming Any real property taken into trust under paragraph (1) shall not be eligible, or used, for any gaming activity carried out under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.). . V Amendments to Coquille Restoration Act 501. Amendments to Coquille Restoration Act Section 5(d) of the Coquille Restoration Act ( 25 U.S.C. 715c(d) ) is amended— (1) by striking paragraph (5) and inserting the following: (5) Management (A) In general Subject to subparagraph (B), the Secretary, acting through the Assistant Secretary for Indian Affairs, shall— (i) manage the Coquille Forest in accordance with the laws pertaining to the management of Indian trust land; and (ii) distribute revenues in accordance with the National Indian Forest Resources Management Act (25 U.S.C. 3101 et seq.). (B) Administration (i) Unprocessed logs Unprocessed logs harvested from the Coquille Forest shall be subject to the same Federal statutory restrictions on export to foreign nations that apply to unprocessed logs harvested from Federal land. (ii) Sales of timber Notwithstanding any other provision of law, all sales of timber from land subject to this subsection shall be advertised, offered, and awarded according to competitive bidding practices, with sales being awarded to the highest responsible bidder. ; and (2) by amending paragraph (9) to read as follows: (9) Jurisdiction The United States District Court for the District of Oregon shall have jurisdiction over actions against the Secretary arising out of claims that this subsection has been violated, including actions between the State of Oregon and the Tribe arising out of claims of breach of the MOA. Unless otherwise provided for by law, remedies available under this subsection shall be limited to equitable relief and shall not include damages. .
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113-hr-5702
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I 113th CONGRESS 2d Session H. R. 5702 IN THE HOUSE OF REPRESENTATIVES November 13, 2014 Ms. DeLauro introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To provide for the issuance of a commemorative postage stamp in honor of Ebenezer D. Bassett, the first African-American diplomat.
1. Short title This Act may be cited as the Ambassador Ebenezer D. Bassett Commemorative Stamp Act . 2. Ebenezer D. Bassett commemorative postage stamp (a) Issuance The Postmaster General shall issue a commemorative postage stamp in honor of Ebenezer D. Bassett. (b) Requirements Such stamp shall— (1) be issued in the denomination used for first class mail up to one ounce in weight; (2) bear such designs as the Postmaster General shall determine; and (3) be placed on sale as soon as practicable after the date of the enactment of this section and shall be sold for such period thereafter as the Postmaster General shall determine.
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113-hr-5703
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I 113th CONGRESS 2d Session H. R. 5703 IN THE HOUSE OF REPRESENTATIVES November 13, 2014 Mr. Engel (for himself and Mr. Smith of New Jersey ) introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committees on Ways and Means , Armed Services , 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 protect and preserve international cultural property at risk of destruction due to political instability, armed conflict, or natural or other disasters, and for other purposes.
1. Short title This Act may be cited as the Protect and Preserve International Cultural Property Act . 2. Definition In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. (2) Cultural property The term cultural property has the meaning given in Article 1(a)–1(c) of the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, concluded at The Hague on May 14, 1954 (Treaty Doc. 106–1(A)). 3. Findings and statement of policy (a) Findings Congress finds the following: (1) Protecting international cultural property is a vital part of United States cultural diplomacy, showing the respect of the United States for other cultures and the common heritage of humanity. (2) International cultural property has been lost, damaged, or destroyed due to political instability, armed conflict, natural disasters, and other threats. (3) In Egypt, recent political instability has led to the ransacking of its museums, resulting in the destruction of countless ancient artifacts that will forever leave gaps in humanity’s record of the ancient Egyptian civilization. (4) In Iraq, after the fall of Saddam Hussein, thieves looted the Iraq Museum in Baghdad, resulting in the loss of approximately 15,000 items. These included ancient amulets, sculptures, ivories, and cylinder seals. Many of these items remain unrecovered. (5) In Syria, the ongoing civil war has resulted in the shelling of medieval cities, damage to five UNESCO World Heritage Sites, and the looting of museums and archaeological sites. Archaeological and historic sites and artifacts in Syria date back more than six millennia and include some of the earliest examples of writing. (6) In Iraq and Syria, the militant group ISIS/ISIL has destroyed cultural sites and artifacts, such as the Tomb of Jonah in July 2014, in an effort to eradicate ethnic and religious minorities from contested territories. Concurrently, cultural antiquities that escape demolition are looted and illicitly trafficked to help fund ISIS/ISIL’s militant operations. (7) In Mali, the Al-Qaeda affiliated terrorist group Ansar Dine destroyed tombs and shrines in the ancient city of Timbuktu—a major center for trade, scholarship, and Islam in the 15th and 16th centuries—and threatened collections of ancient manuscripts. (8) In Afghanistan, the Taliban decreed that the Bamiyan Buddhas, ancient statues carved into a cliff side in central Afghanistan, were to be destroyed. In 2001 the Taliban carried out their threat and destroyed the statues, leading to worldwide condemnation. (9) In Cambodia, following the Khmer Rouge’s seizure of power in 1975 the Khmer Rouge systematically destroyed many of Cambodia’s Buddhist temples, desecrated statues, and destroyed Buddhist literature. The Khmer Rouge also destroyed mosques and nearly every Catholic church existing in the country. (10) In China, during the Cultural Revolution much of China’s antiques were destroyed, including a large portion of old Beijing. Chinese authorities are now attempting to rebuild portions of China’s lost architectural heritage. (11) In Haiti, the 2010 earthquake destroyed art, artifacts, and archives important to the people of Haiti, and partially destroyed the 17th century Haitian city of Jacmel. (12) The 2004 Indian Ocean earthquake and tsunami not only affected eleven countries, causing massive loss of life, but also damaged or destroyed libraries, archives, and UNESCO World Heritage Sites such as the Mahabalipuram in India, the Sun Temple of Koranak on the Bay of Bengal, and the Old Town of Galle and its Fortifications in Sri Lanka. (13) The destruction of these and other cultural properties represents an irreparable loss of humanity’s common cultural heritage and is therefore a loss for all Americans. (14) The United States Armed Forces have played important roles in preserving and protecting cultural property. On June 23, 1943, President Franklin D. Roosevelt established the American Commission for the Protection and Salvage of Artistic and Historic Monuments in War Areas to provide expert advice to the military on the protection of cultural property. The Commission formed Monuments, Fine Arts, and Archives (MFAA) teams which became part of the Civil Affairs Division of Military Government Section of the Allied armies. The individuals serving in the MFAA were known as the Monuments Men and have been credited with securing, cataloguing, and returning hundreds of thousands works of art stolen by the Nazis during World War II. (15) The U.S. Committee of the Blue Shield was founded in 2006 to support the implementation of the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict and to coordinate with the United States military, other branches of the United States Government, and other cultural heritage nongovernmental organizations in preserving international cultural property threatened by political instability, armed conflict, natural, or other disasters. (b) Statement of policy It shall be the policy of the United States to— (1) protect and preserve international cultural property at risk of destruction due to political instability, armed conflict, or natural or other disasters; (2) protect international cultural property pursuant to its obligations under the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict and customary international law in all conflicts to which the United States is a party; (3) prevent, in accordance with existing laws, importation of cultural property pillaged, looted, or stolen during political instability, armed conflict, or natural or other disasters; and (4) ensure that existing laws and regulations, including import restrictions imposed through the Office of Foreign Asset Control (OFAC) of the Department of the Treasury, are fully implemented to prevent the trafficking in stolen or looted cultural property. 4. White House Coordinator for International Cultural Property Protection The President shall appoint a White House Coordinator for International Cultural Property Protection. The Coordinator shall— (1) coordinate and promote efforts to address international cultural property protection activities that involve multiple Federal agencies, including diplomatic activities, military activities, law enforcement activities, import restrictions, and the work of the Cultural Antiquities Task Force established pursuant to the Consolidated Appropriations Act, 2004 ( Public Law 108–199 ); (2) submit to the appropriate congressional committees an annual report on interagency efforts to protect international cultural property based on information required under section 5 of this Act; (3) provide policy recommendations, if necessary; (4) resolve interagency differences in a timely, efficient, and effective manner; and (5) work and consult with domestic and international actors such as foreign governments, nongovernmental organizations, museums, educational institutions, research institutions, and the U.S. Committee of the Blue Shield on efforts to promote and protect international cultural property. 5. Information on activities to protect international cultural property (a) Information on activities of the Department of State To protect international cultural property The Secretary of State shall submit to the White House Coordinator for International Cultural Property Protection information on efforts of the Department of State to protect international cultural property, including— (1) activities undertaken pursuant to the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, including— (A) procedures the Department has instituted to protect international cultural property at risk of destruction due to political instability, armed conflict, or natural or other disasters; and (B) actions the Department has taken to protect international cultural property in conflicts to which the United States is a party; and (2) actions the Department has taken to protect international cultural property pursuant to other cultural property protection statutes, international agreements, or policies. (b) Information on activities of USAID To protect international cultural property The Administrator of the United States Agency for International Development (USAID) shall submit to the White House Coordinator for International Cultural Property Protection information on efforts of USAID to protect international cultural property, including activities and coordination with other Federal agencies, international organizations, and nongovernmental organizations regarding the protection of international cultural property at risk of destruction due to political unrest, armed conflict, natural or other disasters, and USAID development programs. (c) Information on activities of the Department of Defense To protect international cultural property The Secretary of Defense shall submit to the White House Coordinator for International Cultural Property Protection information on efforts of the Department of Defense to protect international cultural property, including activities undertaken pursuant to the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, other cultural protection statutes, and international agreements, including— (1) directives, policies, and regulations the Department has instituted to protect international cultural property at risk of destruction due to political instability, armed conflict, or natural or other disasters; and (2) actions the Department has taken to protect international cultural property, including actions to avoid damage to cultural property through construction activities abroad. (d) Information on activities of the Department of Justice To protect international cultural property The Attorney General, in consultation with the Secretary of Homeland Security, shall submit to the White House Coordinator for International Cultural Property Protection information on efforts of the Department of Justice to protect both international cultural property and international cultural property located in, or attempted to be imported into, the United States, including activities undertaken pursuant to statutes and international agreements. Such information shall include the— (1) statutes and regulations the Department has employed in criminal, civil, and civil forfeiture actions to prevent and interdict trafficking in stolen and smuggled cultural property, including investigations into transnational organized crime; and (2) actions the Department has taken in order to ensure the consistent and effective application of law in cases relating to both international cultural property and international cultural property located in, or attempted to be imported into, the United States. 6. Authorization for Federal agencies To engage in international cultural property protection activities with the Smithsonian Institution (a) In general Notwithstanding any other provision of law, the Department of State, the Department of Defense, USAID, the Department of Homeland Security, the Department of Justice, the Department of the Interior, the National Archives, the National Science Foundation, and any other agency that is involved in international cultural property protection activities are authorized to enter into agreements or memoranda of understanding with the Smithsonian Institution to temporarily engage personnel from the Smithsonian Institution for the purposes of furthering such international cultural property protection activities. (b) Salaries and expenses The Federal agencies or departments specified in subsection (a) are authorized to pay the salaries and expenses of personnel from the Smithsonian Institution to assist such agencies or departments in their international cultural property protection activities, including in support of military or diplomatic missions and law enforcement efforts. 7. Grantmaking authorization for the Secretary of State for international cultural property protection activities The Secretary of State is authorized to make grants to private individuals or organizations for the purposes of international cultural property protection activities in areas at risk of destruction due to political instability, armed conflict, or natural or other disasters. 8. Emergency protection for Syrian cultural property (a) Presidential determination Notwithstanding subsection (b) of section 304 of the Convention on the Cultural Property Implementation Act ( 19 U.S.C. 2603 ) (relating to a Presidential determination that an emergency condition applies with respect to any archaeological or ethnological material of any State Party to the Convention), the President shall apply the import restrictions referred to in such section 304 with respect to any archaeological or ethnological material of Syria as if Syria were a State Party to such Convention, except that subsection (c) of such section 304 shall not apply. Such import restrictions shall take effect not later than 60 days after the date of the enactment of this Act. (b) Definitions In this section— (1) the term archaeological or ethnological material of Syria means cultural property of Syria and other items of archaeological, historical, cultural, rare scientific, or religious importance unlawfully removed from Syria on or after August 18, 2011; and (2) the term State Party has the meaning given such term in section 302 of the Convention on the Cultural Property Implementation Act ( 19 U.S.C. 2601 ).
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113-hr-5704
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I 113th CONGRESS 2d Session H. R. 5704 IN THE HOUSE OF REPRESENTATIVES November 13, 2014 Mr. Holt introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend title II of the Elementary and Secondary Education Act of 1965 to establish a Master Teacher Corp program.
1. Short title This Act may be cited as the Master Teacher Corps Act . 2. Findings The Congress finds as follows: (1) As stated in The Heart of the Matter, a report published by the American Academy of Arts and Sciences, our need for a broadly literate population is more urgent than ever. (2) As citizens, we need to absorb an ever-growing body of information and to assess the sources of that information. (3) As workers, we need to adapt to an ever-accelerating rate of technological change and to reflect on the implications of these changes. (4) As members of a global community, we need to look beyond our borders to communicate and interact with individuals from societies and cultures different from our own. (5) As a Nation, we need to provide an educational foundation for our future stability and prosperity—drawing on all areas of knowledge. (6) Good teachers matter. Students with highly skilled teachers can gain an additional year’s worth of learning compared to their peers in other classrooms. Moreover, having an effective teacher for three to four years in a row can erase the income-based achievement gap. (7) Attrition among new teachers is exceptionally high. As many as 50 percent of new teachers leave within their first five years teaching. Moreover, many of those leaving are the highly performing new teachers. (8) Short-term, in-service professional development has not been found to be effective. Rather, successful professional development is extensive, sustained, focused on content, and embedded in the day-to-day work of teachers. (9) Teacher induction and mentoring programs increase job satisfaction and retention among new teachers. Furthermore, research shows that additional young people would consider teaching if the profession offered more opportunities for advancement and collaboration. (10) Programs that provide teachers with opportunities to lead and grow, and to be recognized and compensated for their leadership, are key to keeping talented teachers in the classroom. (11) A Master Teacher Corps will provide schools a way to use their human capital to improve student achievement by providing their best teachers with an opportunity to share best practices and support other teachers. 3. Master teacher corps (a) In general Part A of title II of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6601 et seq. ) is amended by adding at the end the following: 6 Master teacher corps 2161. Definition In this subpart, the term eligible entity means— (1) a consortium of— (A) 2 or more local educational agencies; (B) 2 or more State educational agencies; or (C) 2 or more local educational agencies and 1 or more State educational agencies; acting in partnership with (2) 1 or more— (A) institutions of higher education; or (B) nonprofit organizations with a demonstrated record of success in preparing or improving the effectiveness of teachers. 2162. Grants authorized (a) In general The Secretary shall establish a Master Teacher Corps program by awarding, on a competitive basis, 1 or more grants of not less than $10,000,000 each to eligible entities to establish the program in accordance with section 2164. (b) Duration of grant A grant awarded under this subpart shall be for a period of not more than 5 years. (c) Matching requirement (1) In general Except as provided in paragraph (2), an eligible entity that receives a grant under this subpart shall provide, from non-Federal sources, an amount equal to not less than 30 percent of the amount of the grant, which may be provided in cash or in-kind, to carry out the activities supported by the grant. (2) Exception (A) In general The Secretary may waive the 30 percent matching requirement under paragraph (1) for an eligible entity that the Secretary determines is unable to meet such requirement. The Secretary shall set a matching requirement for such eligible entities according to the sliding scale described in subparagraph (B). (B) Sliding scale The amount of a match under subparagraph (A) shall be established based on a sliding fee scale that takes into account— (i) the relative poverty of the population to be targeted by the eligible entity; and (ii) the ability of the eligible entity to obtain such matching funds. (3) Consideration The Secretary shall not consider an eligible entity's ability to match funds when determining which eligible entities will receive grant awards under this subpart. (d) Administrative expenses Each eligible entity receiving funds under this subpart for a fiscal year may use not more than 5 percent of such funds for the cost of administering this subpart. 2163. Application (a) In general An eligible entity desiring a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (b) Contents An application submitted under this section shall include— (1) a description of the Master Teacher Corps program that the eligible entity intends to carry out, including the number of Corps members the entity intends to select, the intended distribution of subjects and grade levels taught, the geographic and economic characteristics of the local educational agencies that are part of the eligible entity; (2) a description of the types of activities and responsibilities with which the corps members will be involved, which— (A) shall include— (i) roles around school, local educational agency, or State policymaking; (ii) mentoring and supporting beginning teachers within subject area; (iii) sharing best practices and resources; (iv) networking of master teachers; and (v) support for master teachers; and (B) may not include typical building administrator roles that are not related to teacher development or student achievement; (3) a description of strategies the applicant will use to measure impact, such as observations, learning objectives, and student achievement data. (4) a description of the roles and responsibilities that each higher education or nonprofit institution will have with the eligible entity. (5) a clear plan for research-based professional development that includes instruction regarding— (A) mentoring and supporting adults; (B) opportunities to improve knowledge of content area; (C) opportunities to learn how to analyze data in ways that can impact instruction; and (D) instructional leadership training; (6) an explanation of how master teachers will be afforded dedicated time, authority, and resources to fulfill requirements, and how other teachers will be afforded time to interact with master teachers, since master teachers may have hybrid roles teaching part-time and engaging in master teacher responsibilities part-time; (7) a demonstration that the entity has sufficient capacity to carry out the activities described in the application and measure the impact of the program; and (8) a description of how the grant funds will be financially managed. (c) Criteria for awarding grants The Secretary shall award grants under this subpart on the basis of merit considering, at a minimum, the following: (1) The extent to which the local educational agencies that are part of the eligible entity are committed to integrating the program into existing school, local educational agency, State, and regional structures. (2) The quality of the proposed professional development, corps member activities, and leadership roles for master teachers. (3) The capacity of the eligible entity to effectively carry out the program. (4) Proposed logistical and scheduling measures that will allow for master teachers to participate. (5) The diversity of proposed grade levels, subjects, content areas, and skill sets covered by the types of teachers proposed to be selected for the corps. (6) The geographic and economic diversity of schools proposed to participate in the applicant’s program. (7) The extent that various stakeholders, including teachers, school leaders, administrators, were involved in the process of creating the structure for a master teacher corps in the application. 2164. Required uses of funds (a) In general An eligible entity receiving a grant under this subpart shall use grant funds for the following: (1) Selecting teachers into the Master Teachers Corps. (2) Financially compensating corps members. (3) Providing research-based professional development. (4) Assisting with coordination of instructional leadership, mentorship, training, and coaching roles of corps members, includes hiring substitute teachers to fill the role of the master teacher if the teacher is working with other teachers. (5) Facilitating efforts for master teachers to be involved in policy decisions at the local educational agency, State, and regional levels. (6) Defraying school and local educational costs associated with corps members fulfilling their responsibilities. (7) Tracking the effectiveness and impact of the program. (8) Supporting other activities that advance the purpose of this subpart. (b) Selecting members of the Master Teacher Corps (1) Selection criteria for corps members (A) Experience Corps members must have at least 5 years of full-time experience as a public or private elementary or secondary school teacher. (B) Ratings Corps members must have earned the highest rating on their State- or locally-developed evaluations for a majority of their teaching years prior to their application to be part of the corps. (C) Other criteria Corps members will be selected based on the teacher’s— (i) ability to improve and enhance student achievement; (ii) ability to focus on individual student learning needs and tailor instruction to those needs; (iii) ability to address adult learners in professional development; (iv) ability to successfully collaborate with teachers, school leaders, and staff; (v) skill in promoting teacher reflection through formative assessment processes, including using evidence of student learning and student practice; (vi) strong interpersonal and oral and written communication skills; (vii) record of leadership in the teacher’s school; (viii) participation in student extracurricular activities and professional and school outreach activities; (ix) record of teaching students not on grade level or not on track to graduate college- and career-ready; and (x) measurable ability using various indicators, including National Board Certification, assessments of content knowledge and pedagogical skills, and practical professional experience outside of the classroom (such as previous work in a content-related industry). (2) Overall corps membership requirements An eligible entity receiving a grant under this subpart shall ensure that not more than 20 percent of the teachers who teach in the participating area are members of the Corps. (3) Prohibition A local educational agency shall not change the status of a teacher from full-time to part-time if that teacher becomes a corps member and is teaching while simultaneously fulfilling the responsibilities of a corps member. (4) Participation of private school teachers An eligible entity may select teachers who teach at private schools in the participating area to be members of the Master Teacher Corps, except that— (A) a private school teacher must meet the same requirements and accountability standards as a public school teacher; and (B) a private school teacher is not eligible to receive monetary compensation under subsection (c) and their school is not eligible to receive funds to defray the costs associated with affording the teacher time to fulfill the teacher’s duties as a Corps member. (c) Compensation (1) In general An eligible entity receiving a grant under this subpart shall use grant funds to provide compensation to each teacher who is selected and serves as a member of the Master Teacher Corps, in recognition of the teacher's teaching accomplishments, leadership, and increased responsibilities, which amount shall— (A) supplement, and not supplant, the teacher's base salary; and (B) be equal to $10,000 per year for each year the teacher serves as a member of the Corps; (2) Withholding compensation for noncompliance (A) Monitoring compliance Each eligible entity that receives a grant under this subpart shall monitor whether each teacher the entity selects to be a member of the Master Teacher Corps is in compliance with the Corps member requirements. (B) Withholding payment A teacher selected to be a member of the Master Teacher Corps may not receive the additional compensation provided for a school year to the eligible entity if— (i) the entity finds the teacher not in compliance with the Corps member requirements and the entity determines the teacher should no longer be a member of the Corps for such year; or (ii) the teacher withdraws during such year from membership in the Corps without an accepted excuse, as determined by the eligible entity. 2165. Reports and evaluation (a) Reports to the Secretary Each eligible entity receiving a grant under this subpart shall provide an annual report to the Secretary that— (1) summarizes the activities assisted under the grant and program outcomes; and (2) includes, with respect to each member of the Master Teacher Corps, the following: (A) The name of the member. (B) The school at which the member teaches and the location of such school. (C) The subject or skill area the teacher teaches. (D) The grade level the teacher teaches. (b) IES Evaluation The Secretary, acting through the Director of the Institute of Education Sciences, shall— (1) evaluate the implementation and impact of the program under this subpart, particularly with regard to the program’s success in achieving the goals of this subpart; (2) identify successes, best practices, and areas for improvement; and (3) disseminate findings from the evaluation and make the findings publicly available. (c) Reports to Congress Not later than 4 years after the establishment of the program under this chapter, and not later than 2 years thereafter, the Secretary shall prepare and submit to the Committee on Education and the Workforce and the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Health, Education, Labor, and Pensions of the Senate, a report that summarizes— (1) the activities assisted under the program under this chapter; (2) the outcomes of the program; and (3) any recommendations regarding changes to, the termination of, or the continuation and expansion of the program. . (b) Funding Section 2103 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6603 ) is amended by adding at the end the following: (c) Master teacher corps Of the amount appropriated under subsection (a), the Secretary shall set aside such sums as may be necessary to carry out subpart 6. . (c) Table of contents The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 2151 the following: Subpart 6—Master Teacher Corps Sec. 2161. Definition. Sec. 2162. Grants authorized. Sec. 2163. Application. Sec. 2164. Required uses of funds. Sec. 2165. Reports and evaluation. . 4. Construction This Act shall not be construed to increase the amount of appropriations that are authorized to be appropriated for any fiscal year.
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113-hr-5705
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I 113th CONGRESS 2d Session H. R. 5705 IN THE HOUSE OF REPRESENTATIVES November 13, 2014 Mr. Latta (for himself and Mr. Walz ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To modify certain provisions relating to the Propane Education and Research Council.
1. Short title This Act may be cited as the Propane Education and Research Enhancement Act of 2014 . 2. Provisions relating to the Propane Education and Research Council (a) Functions of propane education and research council Section 5(f) of the Propane Education and Research Act of 1996 ( 15 U.S.C. 6404(f) ) is amended in the first sentence by inserting to train propane distributors and consumers in strategies to mitigate negative effects of future propane price spikes, after to enhance consumer and employee safety and training, . (b) Market survey and consumer protection price analysis Section 9(a) of the Propane Education and Research Act of 1996 ( 15 U.S.C. 6408(a) ) is amended in the first sentence by striking only data provided by the Energy Information Administration and inserting the refiner price to end users of consumer grade propane, as published by the Energy Information Administration .
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113-hr-5706
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I 113th CONGRESS 2d Session H. R. 5706 IN THE HOUSE OF REPRESENTATIVES November 13, 2014 Mrs. Carolyn B. Maloney of New York (for herself, Mr. Chaffetz , Mr. Lance , Ms. Castor of Florida , Mr. McGovern , Mr. King of New York , Mr. Johnson of Georgia , Mr. Cicilline , Mr. Ellison , Mr. Murphy of Florida , Mr. Israel , Mr. Kilmer , Ms. Speier , and Mr. Cohen ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To deny Social Security benefits and other benefits to individuals whose citizenship has been revoked or renounced on the basis of their participation in Nazi persecution.
1. Short title This Act may be cited as the Nazi Social Security Benefits Termination Act of 2014 . 2. Findings Congress finds the following: (1) The United States of America serves as a beacon of refuge to thousands of victims fleeing religious, ethnic, racial, and other forms of persecution around the world and has become the home to thousands of survivors of the Nazi Holocaust. (2) In order to safeguard the integrity of the refugee and asylum system that has provided safety to those who fled the Holocaust, and in order to ensure that those survivors do not have to share their adopted homeland with their former persecutors, the policy of the United States has been that this country should not provide safe haven for those who participated in acts of Nazi persecution. (3) Congress enacted laws specifically to exclude or to remove participants of Nazi persecution from the United States and never intended that those individuals should be entitled to the benefits of citizenship or residency. 3. Denial of Federal Public Benefits to Nazi Persecutors (a) In General The following paragraphs shall apply notwithstanding any other provision of law: (1) Social security benefits A participant in Nazi persecution is not eligible for any benefit under sections 202 or 223 of the Social Security Act ( 42 U.S.C. 402 ; 423). (2) Supplemental Security Income benefits A participant in Nazi persecution is not eligible for any benefit under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq. ), including any supplemental payment pursuant to an agreement for Federal administration under section 1616(a) of such Act ( 42 U.S.C. 1382e ) and any payment pursuant to an agreement entered into under section 212 of Public Law 93–66 . (b) Participant in Nazi persecution defined For purposes of this Act, the term participant in Nazi persecution means an individual— (1) with respect to whom an order admitting the individual to citizenship has been revoked under section 340 of the Immigration and Nationality Act in any case in which such revocation is based on conduct described in section 212(a)(3)(E)(i) of such Act (relating to participation in Nazi persecution); or (2) who has lost status as a national of the United States by voluntary renunciation under section 349(a)(5) of the Immigration and Nationality Act pursuant to a settlement agreement entered into with the Attorney General in which such individual has admitted to conduct described in section 212(a)(3)(E)(i) of such Act (relating to participation in Nazi persecution). (c) Notification of disqualification As soon as practicable after the Attorney General determines that an individual is a participant in Nazi persecution, the Attorney General shall notify the Commissioner of Social Security of the identity and residence of such individual. (d) Effective date This section shall apply with respect to benefits for months beginning after the date of the enactment of this Act. 4. Report (a) In General Not later than 180 days after the date of the enactment of this Act and annually thereafter, the Attorney General shall, in cooperation with the Commissioner of Social Security, submit to Congress a report that includes the following with respect to the year preceding the submission of such report— (1) an identification of the total number of individuals that the Attorney General has determined to be participants in Nazi persecution; (2) an identification of the total number of individuals— (A) with respect to whom the Attorney General pursued revocation of citizenship under section 340 of the Immigration and Nationality Act based on conduct described in section 212(a)(3)(E)(i) of such Act (relating to participation in Nazi persecution) and such revocation was denied; and (B) with respect to whom the Attorney General pursued a settlement agreement with such individual for voluntary renunciation of status as a national of the United States in which such individual admitted to conduct described in section 212(a)(3)(E)(i) of such Act (relating to participation in Nazi persecution) and such agreement was not completed; (3) an identification of the total number of individuals with respect to whom the Attorney General is actively investigating participation in Nazi persecution; (4) an identification of the total number of individuals with respect to whom the Attorney General has submitted a notification of disqualification to the Commissioner of Social Security as required under section 3(c); and (5) an accounting of the amount and frequency of payments under sections 202 or 223 of the Social Security Act, title XVI of the Social Security Act, or section 212 of Public Law 93–66 that were received by each participant in Nazi persecution prior to the date on which the Commissioner of Social Security received the notification of disqualification for such individual as required under section 3(c).
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https://www.govinfo.gov/content/pkg/BILLS-113hr5706ih/xml/BILLS-113hr5706ih.xml
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113-hr-5707
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I 113th CONGRESS 2d Session H. R. 5707 IN THE HOUSE OF REPRESENTATIVES November 13, 2014 Mr. Yoho (for himself, Mr. Stockman , and Mr. Posey ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To direct the President to take action to protect against the transmission of Ebola virus from individuals traveling to the United States from abroad, and for other purposes.
1. Short title This Act may be cited as the Ebola Response Act of 2014 . 2. Protecting against the transmission of Ebola from individuals traveling from abroad (a) In general Subject to subsection (b), the President, acting through the Secretary of Homeland Security and the Secretary of Health and Human Services, shall— (1) prohibit any individual from entering the United States for a period of 30 days following the individual’s presence in a country experiencing an Ebola outbreak; (2) before allowing any individual who is a national of a country experiencing an Ebola outbreak, or has recently been present in such a country, to enter the United States, ensure that— (A) the individual tests negative for the Ebola virus by means of a serum neutralization, a polymerase chain reaction (PCR), an enzyme-linked immunosorbent assay (ELISA), or another diagnostic test approved by the Centers for Disease Control and Prevention; (B) the individual’s body temperature is measured as being normal; and (C) one or more qualified health care professionals provides written certification of the negative test results under subparagraph (A) and the normal body temperature measurement under subparagraph (B); and (3) as a condition on allowing an individual described in paragraph (2) to enter the United States, require such individual to submit to a 21-day period of monitoring for symptoms of Ebola virus disease. (b) Exemptions The President may exempt officials, employees, and contractors of the Departments of State and Defense from the requirements of subsection (a) if the President determines that such Departments have sufficient measures in place to protect against the transmission of Ebola virus by such individuals. (c) Definition In this Act: (1) The term country experiencing an Ebola outbreak means a country whose population is experiencing Ebola virus disease in epidemic proportions, as determined by the Director of the Centers for Disease Control and Prevention. (2) The term qualified means recognized by the American Medical Association or the Centers for Disease Control and Prevention as capable of providing the written certification under subsection (a)(2)(C). (3) The term normal means, with respect to human body temperature, within 1 degree Fahrenheit of 98.6 degrees Fahrenheit.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5707ih/xml/BILLS-113hr5707ih.xml
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113-hr-5708
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I 113th CONGRESS 2d Session H. R. 5708 IN THE HOUSE OF REPRESENTATIVES November 14, 2014 Mr. Cartwright (for himself, Mr. Cook , Mr. Connolly , Mr. Hastings of Florida , Ms. Jackson Lee , Mr. Conyers , and Mr. Farenthold ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To protect individuals who are eligible for increased pension under laws administered by the Secretary of Veterans Affairs on the basis of need of regular aid and attendance from dishonest, predatory, or otherwise unlawful practices, and for other purposes.
1. Short title This Act may be cited as the Veterans Care Financial Protection Act of 2014 . 2. Protection of individuals eligible for increased pension under laws administered by the Secretary of Veterans Affairs on basis of need for regular aid and attendance (a) Development and implementation of standards (1) In general The Secretary of Veterans Affairs shall work with the heads of Federal agencies, States, and such experts as the Secretary considers appropriate to develop and implement Federal and State standards that protect individuals from dishonest, predatory, or otherwise unlawful practices relating to increased pension available to such individuals under chapter 15 of title 38, United States Code, on the basis of need for regular aid and attendance. (2) Submittal to Congress Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives the standards developed under paragraph (1). (b) Conditional recommendation by Comptroller General If the Secretary does not, on or before the date that is 180 days after the date of the enactment of this Act, submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives standards that are developed under subsection (a)(1), the Comptroller General of the United States shall, not later than the date that is one year after the date of the enactment of this Act, submit to such committees a report containing standards that the Comptroller General determines are standards that would be effective in protecting individuals as described in such subsection. (c) Study by Comptroller General Not later than 540 days after the date of the enactment of this Act, the Comptroller General of the United States shall complete a study on standards implemented under this section to protect individuals as described in subsection (a)(1) and submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report containing the findings of the Comptroller General with respect to such study.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5708ih/xml/BILLS-113hr5708ih.xml
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113-hr-5709
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I 113th CONGRESS 2d Session H. R. 5709 IN THE HOUSE OF REPRESENTATIVES November 14, 2014 Mr. Franks of Arizona introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committees on Financial Services , Oversight and Government Reform , Ways and Means , 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 terminate the authority to waive certain provisions of law requiring the imposition of sanctions with respect to Iran, to codify certain sanctions imposed by executive order, and for other purposes.
1. Short title This Act may be cited as the Sanction Iran, Safeguard America Act of 2014 or the SISA Act . 2. Findings Congress makes the following findings: (1) A nuclear-capable Iran poses a direct and existential threat to the United States, Israel, and allies around the world. (2) Iran is a leading state sponsor of terrorism, arming and funding terrorist groups around the world, including by providing material support for the terrorist organization Hamas in its relentless attacks on Israel. (3) The Government of Iran has violated United Nations Security Council Resolutions 1696 (2006), 1737 (2006), 1747 (2007), 1803 (2008), 1835 (2008), and 1929 (2010), relating to Iran’s nuclear program. (4) The Government of Iran has received significant economic benefits from the relaxation of economic sanctions pursuant the Joint Plan of Action, signed November 24, 2013, by Iran and by France, Germany, the Russian Federation, the People’s Republic of China, the United Kingdom, and the United States (in this section referred to as the Joint Plan of Action ), including increased economic growth, reduced inflation, and a strengthened currency, while making no substantive reductions in its nuclear program. (5) Any deal relating to Iran's nuclear weapons program that does not completely dismantle the entire nuclear weapons program would repeat the same mistakes observed with negotiations with North Korea, a totalitarian country that exported its nuclear technology to Syria and has shared similar nuclear and ballistic missile technology with Iran. (6) The Agreed Framework between the United States and the Democratic People’s Republic of Korea, signed in Geneva on October 21, 1994, which called for North Korea to freeze and dismantle its nuclear weapons program in exchange for eased sanctions and normalized relations with the United States, should serve as a reminder of previous failed negotiations resulting in billions of dollars made available for the development of nuclear weapons. (7) Economic sanctions imposed with respect to Iran are designed for the purpose of ending Iran’s pursuit of a nuclear weapons capability, not of initiating negotiations. Therefore, any easing of sanctions in pursuit of negotiations undermines the purpose of the sanctions, as is demonstrated by the case of North Korea. 3. Modification and elimination of waiver authorities for certain sanctions with respect to Iran (a) Modification of waiver of sanctions relating to the transportation of crude oil from Iran (1) In general Section 9(c)(1)(A) of the Iran Sanctions Act of 1996 ( Public Law 104–172 ; 50 U.S.C. 1701 note) is amended by inserting (other than the requirement in paragraph (7) of such section) after section 5(a) . (2) Termination of waivers Any waiver of the requirement in section 5(a)(7) of the Iran Sanctions Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 note) exercised by the President under section 9(c)(1)(A) of such Act shall cease to be in effect on and after the date of the enactment of this Act. (b) Elimination of waiver with respect to mandatory sanctions with respect to financial institutions that engage in certain transactions (1) In general Section 104 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513) is amended— (A) by striking subsection (f); and (B) by redesignating subsections (g) through (i) as subsections (f) through (h), respectively. (2) Termination of waivers Any waiver of the imposition of sanctions exercised by the President under section 104(f) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8513(f) ), as in effect on the day before the date of the enactment of this Act, shall cease to be in effect on and after such date of enactment. (3) Conforming amendments (A) Sanctions with respect to financial sector of Iran Section 1245(h) of the National Defense Authorization Act for Fiscal Year 2012 ( 22 U.S.C. 8513a(h) ) is amended by striking section 104(i) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513(i)) and inserting section 104 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513) . (B) Expansion of mandatory sanctions with respect to certain financial institutions Section 104A(d)(2) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8513b(d)(2) ) is amended by striking section 104(i) and inserting section 104 . (C) Definitions for Iran Freedom and Counter-Proliferation Act of 2012 Section 1242(a)(5) of the Iran Freedom and Counter-Proliferation Act of 2012 ( 22 U.S.C. 8801(a)(5) ) is amended by striking section 104(i) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513(i)) and inserting section 104 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513) . (c) Elimination of waiver of sanctions with respect to the financial sector of Iran (1) In general Section 1245(d) of the National Defense Authorization Act for Fiscal Year 2012 ( 22 U.S.C. 8513a(d) ) is amended by striking paragraph (5). (2) Termination of waivers Any waiver exercised by the President under section 1245(d)(5) of the National Defense Authorization Act for Fiscal Year 2012 ( 22 U.S.C. 8513a(d)(5) ), as in effect on the day before the date of the enactment of this Act, shall cease to be in effect on and after such date of enactment. (d) Elimination of waiver of sanctions with respect to persons that support or conduct certain transactions with Iran's Revolutionary Guard Corps or other sanctioned persons (1) In general Section 302 of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8742 ) is amended by— (A) striking subsections (d) and (e); and (B) redesignating subsection (f) as subsection (d). (2) Termination of waivers Any waiver exercised by the President under subsection (d) or (e) of section 302 of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8742(d) ), as in effect on the day before the date of the enactment of this Act, shall cease to be in effect on and after such date of enactment. (e) Elimination of waiver of sanctions with respect to the energy, shipping, and shipbuilding sectors of Iran (1) In general Section 1244 of the Iran Freedom and Counter-Proliferation Act of 2012 ( 22 U.S.C. 8803 ) is amended by striking subsection (i). (2) Termination of waivers Any waiver of the imposition of sanctions under section 1244(i) of the Iran Freedom and Counter-Proliferation Act of 2012 ( 22 U.S.C. 8803(i) ), as in effect on the day before the date of the enactment of this Act, shall cease to be in effect on and after such date of enactment. (f) Elimination of waiver of sanctions with respect to the sale, supply, or transfer of certain materials to or from Iran (1) In general Section 1245 of the Iran Freedom and Counter-Proliferation Act of 2012 ( 22 U.S.C. 8804 ) is amended— (A) by striking subsection (g); and (B) by redesignating subsection (h) as subsection (g). (2) Termination of waivers Any waiver of the imposition of sanctions under section 1245(g) of the Iran Freedom and Counter-Proliferation Act of 2012 ( 22 U.S.C. 8804(g) ), as in effect on the day before the date of the enactment of this Act, shall cease to be in effect on and after such date of enactment. (g) Elimination of waiver of sanctions with respect to the provision of underwriting services or insurance or reinsurance for activities or persons with respect to which sanctions have been imposed (1) In general Section 1246 of the Iran Freedom and Counter-Proliferation Act of 2012 ( 22 U.S.C. 8805 ) is amended by striking subsection (e). (2) Termination of waivers Any waiver of the imposition of sanctions under section 1246(e) of the Iran Freedom and Counter-Proliferation Act of 2012 ( 22 U.S.C. 8805(e) ), as in effect on the day before the date of the enactment of this Act, shall cease to be in effect on and after such date of enactment. (h) Elimination of waiver of sanctions with respect to foreign financial institutions that facilitate financial transactions on behalf of specially designated nationals (1) In general Section 1247 of the Iran Freedom and Counter-Proliferation Act of 2012 ( 22 U.S.C. 8806 ) is amended by striking subsection (f). (2) Termination of waivers Any waiver of the imposition of sanctions under section 1247(f) of the Iran Freedom and Counter-Proliferation Act of 2012 ( 22 U.S.C. 8806(f) ), as in effect on the day before the date of the enactment of this Act, shall cease to be in effect on and after such date of enactment. (i) Technical amendment Section 1253(c) of the Iran Freedom and Counter-Proliferation Act of 2012 ( 22 U.S.C. 8809(c) ) is amended, in the matter preceding paragraph (1), by striking , and, as appropriate, instead of sections 1244(i), 1245(g), and 1246(e) of this Act . 4. Sanctions with respect to purchase, acquisition, sale, transport, or marketing of petroleum, petroleum products, or petrochemical products from Iran (a) In general Subtitle B of title II of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8721 et seq.) is amended— (1) by redesignating sections 222, 223, and 224 as sections 225, 226, and 227, respectively; and (2) by inserting after section 221 the following: 222. Imposition of sanctions with respect to purchase, acquisition, sale, transport, or marketing of petroleum, petroleum products, and petrochemical products from Iran (a) Limitations on correspondent and payable-Through accounts The President shall prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by a foreign financial institution that the President determines has knowingly conducted or facilitated any significant financial transaction, on or after July 31, 2012— (1) for the purchase, acquisition, sale, transport, or marketing of petroleum or petroleum products from Iran; or (2) for the purchase, acquisition, sale, transport, or marketing of petrochemical products from Iran. (b) Application of sanctions from Iran Sanctions Act of 1996 The President shall impose on a person one or more of the sanctions described in section 6(a) of the Iran Sanctions Act of 1996 ( Public Law 104–172 ; 50 U.S.C. 1701 note) upon determining that the person knowingly, on or after July 31, 2012, engaged in a significant transaction for the purchase, acquisition, sale, transport, or marketing of— (1) petroleum or petroleum products from Iran; or (2) petrochemical products from Iran. (c) Applicability Subsections (a)(1) and (b)(1) shall apply with respect to a person only if— (1) the President determines under subparagraphs (B) and (C) of paragraph (4) of section 1245(d) of the National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a(d)) that there is a sufficient supply of petroleum and petroleum products from countries other than Iran to permit a significant reduction in the volume of petroleum and petroleum products purchased from Iran by or through foreign financial institutions; and (2) an exception under subparagraph (D) of that paragraph from the imposition of sanctions under paragraph (1) of that section does not apply with respect to the country with primary jurisdiction over the person. (d) Definitions In this section: (1) Account; correspondent account; payable-through account The terms account , correspondent account , and payable-through account have the meanings given those terms in section 5318A of title 31, United States Code. (2) Financial institution The term financial institution means a financial institution specified in subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J), (M), or (Y) of section 5312(a)(2) of title 31, United States Code. (3) Foreign financial institution The term foreign financial institution has the meaning of that term as determined by the Secretary of the Treasury pursuant to section 104 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8513 ). (4) Petroleum The term petroleum means a mixture of hydrocarbons that exists in liquid phase in natural underground reservoirs and remains liquid at atmospheric pressure after passing through surface separating facilities. (5) Petroleum products (A) In general The term petroleum products includes unfinished oils, liquefied petroleum gases, pentanes plus, aviation gasoline, motor gasoline, naphtha-type jet fuel, kerosene-type jet fuel, kerosene, distillate fuel oil, residual fuel oil, petrochemical feedstocks, special naphthas, lubricants, waxes, petroleum coke, asphalt, road oil, still gas, and miscellaneous products obtained from the processing of crude oil (including lease condensate), natural gas, and other hydrocarbon compounds. (B) Exception The term petroleum products does not include natural gas, liquefied natural gas, biofuels, methanol, and other non-petroleum fuels. (6) Petrochemical products The term petrochemical products includes any aromatic, olefin, and synthesis gas, and any of derivatives of such a gas, including ethylene, propylene, butadiene, benzene, toluene, xylene, ammonia, methanol, and urea. 223. Imposition of sanctions with respect to support for the National Iranian Oil Company, the Naftiran Intertrade Company, or the Central Bank of Iran The President shall block and prohibit all transactions in property and interests in property of a person the President determines has, on or after July 31, 2012, materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, the National Iranian Oil Company, the Naftiran Intertrade Company, or the Central Bank of Iran if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. 224. Imposition of sanctions with respect to support for the purchase of United States bank notes or precious metals by the Government of Iran The President shall block and prohibit all transactions in property and interests in property of a person the President determines has, on or after July 31, 2012, materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, the purchase or acquisition of United States bank notes or precious metals by the Government of Iran, if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. . (b) Clerical amendment The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by striking the items relating to sections 222, 223, and 224 and inserting the following: Sec. 222. Imposition of sanctions with respect to purchase, acquisition, sale, transport, or marketing of petroleum, petroleum products, and petrochemical products from Iran. Sec. 223. Imposition of sanctions with respect to support for the National Iranian Oil Company, the Naftiran Intertrade Company, or the Central Bank of Iran. Sec. 224. Imposition of sanctions with respect to support for the purchase of United States bank notes or precious metals by the Government of Iran. Sec. 225. Sense of Congress and rule of construction relating to certain authorities of State and local governments. Sec. 226. Government Accountability Office report on foreign entities that invest in the energy sector of Iran or export refined petroleum products to Iran. Sec. 227. Reporting on the importation to and exportation from Iran of crude oil and refined petroleum products. . 5. Imposition of sanctions with respect to transactions with specially designated nationals and with respect to the automotive sector of Iran (a) In general The Iran Freedom and Counter-Proliferation Act of 2012 ( 22 U.S.C. 1241 et seq. ) is amended by inserting after section 1247 the following: 1247A. Imposition of sanctions with respect to certain transactions with specially designated nationals (a) Blocking of property The President shall block and prohibit all transactions in property and interests in property of a person the President determines has, on or after June 1, 2013, materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, any person specified in subsection (b) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (b) Persons specified A person specified in this subsection is any person as follows: (1) Any Iranian person included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (other than an Iranian depository institution whose property and interests in property are blocked solely pursuant to Executive Order 13599 (78 Fed. Reg. 33,951)). (2) Any person included on such list whose property and interests in property are blocked pursuant to subsection (a) or Executive Order 13599 (other than an Iranian depository institution whose property and interests in property are blocked solely pursuant to Executive Order 13599). 1247B. Imposition of sanctions with respect to the automotive sector of Iran (a) In general The President shall impose sanctions described in one or more of paragraphs (1), (2), (4), (5), (10), and (11) of section 6(a) of the Iran Sanctions Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 note) with respect to a person that the President determines has, on or after June 1, 2013, knowingly engaged in a significant financial transaction for the sale, supply, or transfer to Iran of significant goods or services used in connection with the automotive sector of Iran. (b) Facilitation of certain transactions The President shall prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by a foreign financial institution that the President determines has, on or after June 1, 2013, knowingly facilitated a significant financial transaction for the sale, supply, or transfer to Iran of significant goods or services used in connection with the automotive sector of Iran. 1247C. Certification required for government contracts with persons in automotive sector of any country (a) Modification of Federal Acquisition Regulation Not later than 30 days after the date of the enactment of the Sanction Iran, Safeguard America Act of 2014 , the Federal Acquisition Regulation shall be revised to require a certification from each person described in subsection (b) that is a prospective contractor that the person, and any person owned or controlled by the person— (1) has not, in the previous 90 days, conducted any transaction with an Iranian person or any entity owned or controlled by an Iranian person; and (2) does not have a business relationship with the Government of Iran. (b) Persons described A person described in this subsection is a person that is part of the automotive sector of any foreign country. (c) Remedies (1) In general If the head of an executive agency determines that a person has submitted a false certification under subsection (a) on or after the date on which the revision of the Federal Acquisition Regulation required by this subsection becomes effective, the head of that executive agency shall terminate a contract with such person or debar or suspend such person from eligibility for Federal contracts for a period of not less than 2 years. Any such debarment or suspension shall be subject to the procedures that apply to debarment and suspension under the Federal Acquisition Regulation under subpart 9.4 of part 9 of title 48, Code of Federal Regulations. (2) Inclusion on list of parties excluded from Federal procurement and nonprocurement programs The Administrator of General Services shall include on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs maintained by the Administrator under part 9 of the Federal Acquisition Regulation each person that is debarred, suspended, or proposed for debarment or suspension by the head of an executive agency on the basis of a determination of a false certification under paragraph (1). (d) Clarification regarding certain products The remedies set forth in subsection (c) shall not apply with respect to the procurement of eligible products, as defined in section 308(4) of the Trade Agreements Act of 1974 ( 19 U.S.C. 2518(4) ), of any foreign country or instrumentality designated under section 301(b) of that Act ( 19 U.S.C. 2511(b) ). (e) Rule of construction This section shall not be construed to limit the use of other remedies available to the head of an executive agency or any other official of the Federal Government on the basis of a determination of a false certification under subsection (a). (f) Applicability The revisions to the Federal Acquisition Regulation required under subsection (a) shall apply with respect to contracts for which solicitations are issued on or after the date of the enactment of the Sanction Iran, Safeguard America Act of 2014 . (g) Government Accountability Office report Not later than 30 days after the date of the enactment of the Sanction Iran, Safeguard America Act of 2014 , and every 30 days thereafter, the Comptroller General of the United States shall submit to the appropriate congressional committees a list of all persons that are part of the automotive sector of any foreign country that— (1) during the 30-day period preceding the submission of the report, have conducted a transaction with an Iranian person or any entity owned or controlled by an Iranian person; or (2) have a business relationship with the Government of Iran. (h) Definitions In this section: (1) Executive agency The term executive agency has the meaning given that term in section 133 of title 41, United States Code. (2) Federal Acquisition Regulation The term Federal Acquisition Regulation means the regulation issued pursuant to section 1303(a)(1) of title 41, United States Code. . (b) Definitions Section 1242 of the Iran Freedom and Counter-Proliferation Act of 2012 ( 22 U.S.C. 8801 ) is amended— (1) in subsection (a)— (A) by redesignating paragraphs (7) through (14) as paragraphs (9) through (16), respectively; (B) by redesignating paragraphs (3) through (6) as paragraphs (4) through (7), respectively; and (C) by inserting after paragraph (2) the following: (3) Automotive sector The term automotive sector means, with respect to a country, the following: (A) The manufacturing or assembling in that country of vehicles, including passenger cars, trucks, buses, minibuses, pick-up trucks, and motorcycles. (B) The manufacturing in that country of original equipment relating to such vehicles. (C) The manufacturing in that country of after-market parts relating to such vehicles. ; and (D) by inserting after paragraph (7), as redesignated by subparagraph (B), the following: (8) Iranian depository institution The term Iranian depository institution means an entity that— (A) is— (i) organized under the laws of Iran or any jurisdiction within Iran, including a foreign branch of such an institution; (ii) located in Iran; (iii) owned or controlled by the Government of Iran; or (iv) owned or controlled by an entity described in clause (i), (ii), or (iii); and (B) is engaged primarily in the business of banking, as determined by the Secretary of the Treasury. ; and (2) in subsection (b)— (A) by striking financial transactions or financial services and inserting financial transactions, financial services, goods, or other services ; and (B) by inserting , with respect to financial transactions or financial services, after including . 6. Expansion of sanctions with respect to foreign financial institutions that facilitate financial transactions with specially designated nationals Section 1247(a) of the Iran Freedom and Counter-Proliferation Act of 2012 ( 22 U.S.C. 8806(a) ) is amended by striking the President determines has and all that follows through the period at the end and inserting “the President determines has— (1) on or after the date that is 180 days after the date of the enactment of this Act, knowingly facilitated a significant financial transaction on behalf of any Iranian person included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (other than an Iranian financial institution described in subsection (b)); or (2) on or after June 1, 2013, knowingly facilitated a significant financial transaction on behalf of any person included on such list whose property and interests in property are blocked pursuant to section 1247A or Executive Order 13599 (78 Fed. Reg. 33,951) (other than an Iranian depository institution whose property and interests in property are blocked solely pursuant to Executive Order 13599). . 7. Termination of loophole allowing importation of refined petroleum products made from Iranian origin crude oil (a) In general Section 103(b)(1) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8512(b)(1) ) is amended by adding at the end the following: (C) Application to refined petroleum products made from Iranian origin crude oil The prohibition in subparagraph (A) includes a prohibition on the importation into the United States of refined petroleum products produced using Iranian origin crude oil without regard to whether such crude oil was commingled with crude oil not of Iranian origin during the process of producing the refined petroleum products. . (b) Termination of regulatory exceptions (1) In general Section 103(d) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8512(d)) is amended to read as follows: (d) Regulatory authority (1) In general The President shall prescribe regulations to carry out this section. (2) Prohibition on regulatory exceptions No exception to the prohibition under subsection (b)(1) may be made by regulation. . (2) Termination of exceptions Any regulatory exception to the prohibition under section 103(b)(1) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8512(b)(1)) in effect on the day before the date of the enactment of this Act shall cease to be in effect on and after such date of enactment. 8. Applicability of sanctions with respect to petroleum transactions (a) In general Section 1245(d)(4)(D)(i) of the National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a(d)(4)(D)(i)) is amended— (1) in subclause (I), by striking reduced reduced its volume of crude oil purchases from Iran and inserting reduced the volume of its purchases of petroleum from Iran or of Iranian origin ; and (2) in subclause (II), by striking crude oil purchases from Iran and inserting purchases of petroleum from Iran or of Iranian origin . (b) Definitions Section 1245(h) of the National Defense Authorization Act for Fiscal Year 2012 ( 22 U.S.C. 8513a(h) ) is amended— (1) by redesignating paragraphs (3) and (4) as paragraphs (5) and (6), respectively; and (2) by inserting after paragraph (2) the following: (3) Iranian origin The term Iranian origin , with respect to petroleum, means extracted, produced, or refined in Iran. (4) Petroleum The term petroleum includes crude oil, lease condensates, fuel oils, and other unfinished oils. . (c) Conforming amendments Section 102(b) of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8712(b) ) is amended— (1) in paragraph (3)— (A) by striking crude oil purchases from Iran and inserting purchases of petroleum from Iran or of Iranian origin ; and (B) by striking as amended by section 504, ; and (2) in paragraph (4), by striking crude oil purchases and inserting purchases of petroleum from Iran or of Iranian origin . (d) Effective date The amendments made by this section shall apply with respect to determinations under section 1245(d)(4)(D)(i) of the National Defense Authorization Act for Fiscal Year 2012 ( 22 U.S.C. 8513a(d)(4)(D)(i) ) on or after the date that is 90 days after the date of the enactment of this Act. 9. Sanctions with respect to proliferators of weapons of mass destruction (a) In general The President shall block and prohibit all transactions in property and interests in property of a person the President determines knowingly, on or after June 29, 2005, provides, or attempts to provide, financial, material, technological or other support for, or goods or services in support of, any activity or transaction described in subsection (b) or any person whose property and interests in property are blocked pursuant to Executive Order 13382 (70 Fed. Reg. 38,567; relating to blocking property of weapons of mass destruction proliferators and their supporters), if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (b) Activities and transactions described An activity or transaction described in this subsection is an activity or transaction that has materially contributed to, or poses a risk of materially contributing to, the proliferation of weapons of mass destruction or the means of delivery of such weapons (including missiles capable of delivering such weapons), including any efforts to manufacture, acquire, possess, develop, transport, transfer or use such weapons or means of delivery, by any person or foreign country the President determines to be of proliferation concern. (c) United States person defined In this section, the term United States person has the meaning given that term in section 101 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8511 ). 10. Prohibition on funding for negotiations with Iran without consent of Congress No funds authorized to be appropriated for fiscal year 2014 or any fiscal year thereafter may be obligated or expended to participate in a diplomatic negotiation with Iran until the date of the enactment of a joint resolution certifying that— (1) the Government of Iran has freed all American prisoners of conscience who are being unjustly held in Iranian jails; (2) the Government of Iran is complying with all inspections conducted by the International Atomic Energy Agency to fulfill its obligations under the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968, and entered into force March 5, 1970 (commonly known as the Nuclear Non-Proliferation Treaty ), to which Iran is a party; and (3) the United States can verifiably determine, through certification by the International Atomic Energy Agency, that the Government of Iran— (A) has dismantled its nuclear program in its entirety, including all centrifuges, capabilities, and facilities for enrichment and reprocessing of uranium and plutonium; (B) has relinquished all stockpiles of enriched uranium; and (C) does not have any ballistic missiles with a range of 300 kilometers or more and a payload of 500 kilograms or more and has dismantled its research and development programs for such weapons; (4) the Secretary of the Treasury no longer finds that the Central Bank of Iran is a financial institution of primary money laundering concern pursuant to section 5318A of title 31, United States Code; and (5) the Government of Iran has demonstrated its renunciation of state-sponsored terrorism by acknowledging its participation in, assisting the investigation, if any, into, relinquishing any suspects currently harbored by the Government of Iran, and accepting legal responsibility for— (A) the bombing of the Israeli embassy in Buenos Aires, Argentina, on March 17, 1992; (B) the bombing of the World Trade Center in New York on February 26, 1993; (C) the bombing of the Asociación Mutual Israelita Argentina Jewish Community Center in Buenos Aires, Argentina, on July 18, 1994; and (D) the bombing of the Khobar Towers in Khobar, Saudi Arabia, on June 25, 1996.
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113-hr-5710
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I 113th CONGRESS 2d Session H. R. 5710 IN THE HOUSE OF REPRESENTATIVES November 14, 2014 Mr. Smith of New Jersey (for himself, Ms. Bass , and Mr. Meadows ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To authorize the provision of assistance on an emergency basis for countries affected by or at risk of being affected by the outbreak of the Ebola virus disease to effectively address such outbreak at its source, and for other purposes.
1. Short title This Act may be cited as the Ebola Emergency Response Act . 2. Sense of Congress It is the sense of Congress that— (1) the current outbreak of the Ebola virus disease in West Africa poses severe health, economic, and security threats to the countries affected by the outbreak of the Ebola virus disease, the United States, and the broader international community; and (2) the whole-of-government response taken by the United States provides unique capabilities that are critical to effectively helping contain the Ebola virus disease in West Africa, yet the United States alone will not succeed in containing the Ebola virus disease. 3. Statements of policy It shall be the policy of the United States to— (1) support a robust international response to the Ebola virus disease in West Africa by undertaking a range of activities to immediately help detect, contain, treat, and deter the further spread of the disease; (2) support the efforts of governments of affected countries and of local, regional, and international nongovernmental organizations and civil society organizations working on the front lines of the response to the Ebola virus disease; and (3) work with appropriate security sector personnel engaged in the response to the Ebola virus disease in Guinea, Liberia, and Sierra Leone, as well as with civil society, regional organizations, and the United Nations to enhance border security and create a secure operating environment for health workers and other responders and the communities they are serving, including by repurposing, as necessary and appropriate, existing United States security assistance provided to the affected countries to address immediate border security and law enforcement needs. 4. International efforts to control the outbreak of the Ebola virus disease In carrying out the policy under section 3, the President shall— (1) seek to coordinate with the governments of countries of Africa affected by or at risk of being affected by the outbreak of the Ebola virus disease, other donors, the private sector, regional and international financial institutions, local, regional, and international organizations, civil society, and local, regional, and nongovernmental organizations, particularly organizations that possess experience in emergency relief and infection control, to devise and implement a coherent, comprehensive strategy to control the Ebola virus disease and assist affected populations, utilizing all necessary and appropriate assets and capabilities of the United States Government; and (2) direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to— (A) ensure that the United Nations Mission in Liberia is fully protecting individuals under its care from exploitation and abuse, including by soldiers serving under its command, and, within its capabilities and in the context of its mandate to help solidify peace and stability while protecting civilians in Liberia, plays an active role in the emergency response, including by providing logistics and engineering support, as well as securing border crossings, state institutions, and treatment facilities, as necessary and appropriate; and (B) ensure that the United Nations Mission for the Ebola Emergency Response (UNMEER) plays an effective role in aligning donors around a single strategic operating plan to detect, contain, treat, and deter the further spread of Ebola, and that the associated costs for its work are offset by decreases elsewhere in the general budget of the United Nations. 5. Assistance to countries affected by the outbreak of the Ebola virus disease (a) Authorization Notwithstanding any other provision of law, and consistent with the authorities of section 491 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2292 ), the President is authorized to provide assistance on an emergency basis to countries directly affected by or at imminent risk of being affected by the outbreak of the Ebola virus disease to effectively address such outbreak, by supporting the activities described in subsection (b). (b) Activities supported Activities supported by assistance under subsection (a) are the following: (1) The construction, staffing, and equipping of patient isolation and treatment facilities in sufficient numbers to treat infected persons at the most appropriate locations. (2) The construction and equipping of laboratories in sufficient numbers to ensure accurate testing for the Ebola virus disease and other infectious diseases, as necessary and appropriate, in as rapid a time frame as possible. (3) The provision of vital medical supplies and equipment necessary to contain the outbreak. (4) The recruitment and training of local and international staff on effective disease identification, isolation, contact tracing, and care with respect to the Ebola virus disease, especially the proper use of universal precautions, personal protective equipment, and other infection control measures, to minimize transmission. (5) The recruitment, training, and equipping of safe burial teams, as necessary, to reduce transmission of the Ebola virus disease. (6) The provision of medical evacuations, on a reimbursable basis, for medical and other personnel engaged in the response to the Ebola virus disease who become infected with the disease, as necessary and appropriate. (7) The development of an effective public information campaign to help limit the transmission of the Ebola virus disease, utilizing all appropriate means of communication, including digital, print, broadcast communication, and communications through local health care workers, media, schools, civil society organizations, and faith-based and traditional leaders. (8) The development and deployment of Ebola diagnostics and surveillance tools, as well as vaccines and treatments as they become available and to the extent possible that such vaccines and treatments adhere to strictly enforced informed consent protocols. (9) The provision of emergency food assistance, water and sanitation, shelter, and support for orphans and vulnerable children in communities affected by the Ebola virus disease. (10) The provision of technical assistance to strengthen border control, including enhanced health screening at exit and entry points in the region, to be complemented by appropriate health screening at United States ports of entry. (11) Activities related to sustainable post-outbreak economic recovery and ensuring the stability of countries affected by the Ebola virus disease. (c) Allocation and reimbursement among agencies (1) In general In carrying out this section, the President, acting through the Administrator of the United States Agency for International Development, is authorized to utilize the services and facilities of, or procure commodities from, any agency of the United States Government on a non-reimbursable basis, subject to the written consent of the head of such other agency, and notwithstanding any provision of law relating to limitations on the use of authorities or funding of such other agency. (2) Congressional notification The Administrator shall notify the appropriate committees not later than 15 days after the date on which the authority under paragraph (1) is utilized. Such notification shall include the name of the other agency, the value of such services or facilities utilized, or commodities procured, the affected appropriations accounts, and a justification for the utilization of the authority under paragraph (1). 6. Sense of Congress on international support to avoid economic collapse and assist with post-crisis countries directly affected by the outbreak of the Ebola virus disease It is the sense of Congress that the President should work with other donors, including international financial institutions, to encourage such other donors to help the governments of Guinea, Liberia, and Sierra Leone mitigate the risks of economic collapse and related civil unrest by providing appropriate access to emergency grants and financing tools, as necessary and appropriate, to address fiscal issues that are the direct result of the Ebola virus disease crisis, and to assist with post-crisis economic recovery. 7. Report (a) In general Not later than 6 months after the date on which the President determines that the Ebola epidemic in West Africa has been effectively contained, the President shall submit to the appropriate congressional committees a report that assesses the United States coordination and response to the Ebola epidemic, including how the authorities provided pursuant to this Act were utilized and lessons learned that may have applications in response to future epidemics. (b) Appropriate congressional committees In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Affairs, the Committee on Energy and Commerce, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives; and (2) the Committee on Foreign Relations, the Committee on Health, Education, Labor, and Pensions, the Committee on Armed Services, and the Committee on Appropriations of the Senate. 8. Authorization of appropriations There is authorized to be appropriated to the President to carry out section 491 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2292 ) $1,801,000,000 for fiscal year 2015.
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113-hr-5711
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I 113th CONGRESS 2d Session H. R. 5711 IN THE HOUSE OF REPRESENTATIVES November 14, 2014 Mr. Brady of Pennsylvania (for himself, Ms. Schwartz , Mr. Meehan , and Mr. Fattah ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to extend the coverage of the Federal prohibition against hate crimes in order to provide greater protections to persons who are gay, lesbian, bisexual, or transgender.
1. Extension of coverage of section 249 of title 18, United States Code Section 249(a)(2) of title 18, United States Code, is amended— (1) in subparagraph (A), by striking in subparagraph (b) or ; and (2) by striking subparagraph (B).
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113-hr-5712
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I 113th CONGRESS 2d Session H. R. 5712 IN THE HOUSE OF REPRESENTATIVES November 14, 2014 Mr. Clawson of Florida (for himself and Mr. McCaul ) introduced the following bill; which was referred to the Committee on Homeland Security A BILL To authorize the Private Sector Office of the Department of Homeland Security to improve private sector engagement in protecting the homeland, and for other purposes.
1. Short title This Act may be cited as the DHS Private Sector Office Engagement Act of 2014 . 2. Private Sector Office (a) In general Subsection (f) of section 102 of the Homeland Security Act of 2002 ( 6 U.S.C. 112 ) is amended to read as follows: (f) Authorization (1) In general There is within the Department an office to be known as the Private Sector Office (in this section referred to as the Office ). The Office shall be headed by the Assistant Secretary for Private Sector Coordination, who shall be appointed by the Secretary. (2) Mission The mission of the Private Sector Office shall be to— (A) create and foster strategic engagement with the private sector to enhance the primary mission of the Department to protect the United States; and (B) conduct ongoing economic impact analysis to reduce the burden of Department decisions, regulations, and initiatives on the private sector and the United States economy. (3) Qualifications of the Assistant Secretary The Assistant Secretary for Private Sector Coordination shall have— (A) a minimum of ten years of professional experience working in the private sector; (B) a minimum of five years of management experience; and (C) a basic knowledge of the regulatory process. (4) Deputy Assistant Secretary The Office shall have a Deputy Assistant Secretary. Such position shall be part of the career civil service and the individual serving in such position shall satisfy the qualifications specified in paragraph (3) relating to the Assistant Secretary, except that the ten year professional experience requirement under subparagraph (A) of such paragraph may be satisfied by a combination of engaging with or working in the private sector. (5) Responsibilities The Assistant Secretary for Private Sector Coordination shall— (A) create a strategic plan for the Office, to be updated or affirmed at a minimum each time there is a new Assistant Secretary; (B) advise, inform, and assist the Secretary regarding the impact on the private sector of the Department’s policies, regulations, processes, and actions; (C) analyze and report to the Secretary and other appropriate Department officials regarding the economic impact of changes in homeland security policy, including all regulations originating from the Department before such regulations are available for comment in the Federal Register; (D) determine what actions, if any, are needed to reduce associated homeland security burdens on the private sector, including unnecessary barriers to private sector job creation; (E) create and foster strategic engagement with the private sector to improve homeland security; (F) coordinate private sector efforts, with respect to functions of the Department and throughout all components of the Department, to identify private sector resources and capabilities that could be effective in augmenting Federal, State, and local government agency efforts to prevent or respond to an incident; (G) in coordination with appropriate components of the Department, encourage and promote to the private sector best practices regarding cyber security and critical infrastructure protection; (H) provide information to the private sector regarding voluntary preparedness and the business justification for resilience; (I) advise the Secretary regarding the Department’s collective recommendation in evaluating commercial actions pending with other relevant Federal agencies with homeland security related functions; (J) provide technical assistance across the Department on issues related to international trade, aviation security, supply chain security, global customs modernization, trade facilitation, and intellectual property rights; (K) promote existing public-private partnerships and develop new public-private partnerships to provide for collaboration and mutual support to address homeland security challenges; (L) create and manage private sector advisory councils composed of representatives of industries and associations designated by the Secretary to advise the Secretary regarding— (i) private sector solutions as such relate to homeland security challenges; (ii) homeland security policies, regulations, processes, and actions that affect such industries and associations; and (iii) private sector preparedness issues, including effective methods for— (I) promoting voluntary preparedness standards to the private sector; and (II) assisting the private sector in adopting voluntary preparedness standards; and (M) collaborate with the Chief Human Capital Officer to facilitate the DHS Loaned Executive Program through which the Department can obtain ad hoc, unpaid, short-term expertise through appointment of appropriate individuals from the private sector to provide critical skills that, to be fully utilized, require an appointment as an employee and cannot be obtained through other existing hiring mechanisms. (6) Accountability (A) In general Not later than 120 days after the date of the enactment of this Act, the Office shall develop objective output and outcome-based performance metrics and measures that will be maintained over time. (B) Biannual assessments The Comptroller General of the United States shall perform biannual assessments of the Office’s performance metrics and measures referred to in subparagraph (A), including an evaluation of the accuracy of the economic impact analysis conducted under paragraph (2)(A). (C) Annual briefings The Assistant Secretary shall annually brief the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate on the activities and performance metrics and measures of the Office. (7) Sunset and reevaluation The authorization under this subsection shall expire on December 31, 2018. The Secretary shall conduct an assessment of the Office concurrently with the next Quadrennial Homeland Security Review required under section 707 of the Homeland Security Act of 2002 ( 6 U.S.C. 347 ) that is required after the date of the enactment of this subsection, and submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate information on the following: (A) Office performance against the performance metrics and measures referred to in paragraph (6)(A). (B) Office strategic plan. (C) The results of the biannual assessments under paragraph (6)(B). (D) Input from relevant private sector stakeholders and Congress. (8) Miscellaneous The Office shall not duplicate the functions of the Chief Procurement Officer as the Department’s primary liaison for industry or the Office of Small and Disadvantaged Business Utilization regarding potential goods or services the Department may acquire. . (b) Prohibition on additional authorization of appropriations No additional funds are authorized to be appropriated to carry out this Act and the amendments made by this Act. This Act and such amendments shall be carried out using amounts otherwise available for such purposes.
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113-hr-5713
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I 113th CONGRESS 2d Session H. R. 5713 IN THE HOUSE OF REPRESENTATIVES November 14, 2014 Ms. Kaptur (for herself and Mr. Benishek ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To require the Under Secretary of Commerce for Oceans and Atmosphere to conduct an assessment of cultural and historic resources in the waters of the Great Lakes, and for other purposes.
1. Short title This Act may be cited as the Great Lakes Maritime Heritage Assessment Act of 2014 . 2. Assessment of cultural and historic resources in waters of Great Lakes (a) In general Not later than 1 year after the date of the enactment of this Act, the Under Secretary of Commerce for Oceans and Atmosphere shall— (1) conduct an assessment of cultural and historic resources in the waters of the Great Lakes; and (2) submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives a report on the findings of the Under Secretary with respect to such assessment. (b) Elements The report required by subsection (a)(2) shall include the following: (1) Identification of underwater geographic areas in the Great Lakes that possess historical and archaeological resources of sufficient value and density to make them nationally significant. (2) A description of the historical and archaeological resources in such geographic areas. (3) An evaluation of community interest in preserving and interpreting such resources. (4) A recommendation regarding whether such geographic areas should be designated as national marine sanctuaries to protect resources of historical and archeological significance. (5) Recommendations regarding whether the designation of a network of underwater Great Lakes areas that protect resources of historical and archeological significance, including the existing successful Thunder Bay National Marine Sanctuary, could bring significant educational opportunities, economic development, jobs, and tourism to the Great Lakes region. (c) Collaboration In carrying out this section, the Under Secretary shall collaborate with local communities.
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113-hr-5714
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I 113th CONGRESS 2d Session H. R. 5714 IN THE HOUSE OF REPRESENTATIVES November 14, 2014 Mr. Schrader (for himself and Mr. Thompson of Pennsylvania ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To permit commercial applicators of pesticides to create, retain, submit, and convey pesticide application-related records, reports, data, and other information in electronic form.
1. Short title This Act may be cited as the Pest Management Records Modernization Act . 2. Use of electronic records by commercial applicators of pesticides to comply with recordkeeping and reporting requirements Section 1491 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 136i–1 ) is amended by adding at the end the following new subsection: (h) Electronic Recordkeeping and Reporting Notwithstanding any contrary provision of Federal, State, or local law, commercial applicators of pesticides, including commercial applicators of restricted use pesticides, may create, retain, submit, and convey a pesticide application-related record, report, data, or other information in electronic form in order to satisfy any requirement for such creation, retention, submission, or conveyance, respectively, under any Federal, State, or local law. .
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113-hr-5715
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I 113th CONGRESS 2d Session H. R. 5715 IN THE HOUSE OF REPRESENTATIVES November 14, 2014 Ms. Schwartz (for herself and Mr. Thompson of California ) 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 adjust the age limitations under the Social Security program for payment of child’s insurance benefits to certain disabled individuals and for calculation of recent work for determining eligibility for Social Security disability insurance benefits.
1. Short title This Act may be cited as the Child’s Insurance Benefits Improvement Act of 2014 . 2. Adjustment of age limit for receipt of child's benefit by a disabled individual (a) Entitlement and re-Entitlement for child's benefit Section 202(d) of the Social Security Act ( 42 U.S.C. 402(d) ) is amended— (1) in subparagraphs (B) and (G) of paragraph (1), by striking age of 22 each place it appears and inserting age of 26 ; and (2) in paragraph (6)(A), by striking age of 22 and inserting age of 26 . (b) Exemption from suspension of benefits Section 225(a) of the Social Security Act ( 42 U.S.C. 425(a) ) is amended by striking age of 22 and inserting age of 26 . (c) Medicaid eligibility Subsection (c) of section 1634 of the Social Security Act ( 42 U.S.C. 1383c ) is amended by striking age of 22 and inserting age of 26 . 3. Adjustment of age limits for calculation of recent work for disability determinations (a) In general Subparagraph (B) of section 216(i)(3) of the Social Security Act ( 42 U.S.C. 416(i)(3) ) is amended— (1) by striking or at the end of clause (ii); (2) by redesignating clause (iii) as clause (iv); (3) by inserting after clause (ii) the following new clause: (iii) if such quarter ends before he attains (or would attain) age 35, not less than one-half (and not less than 6) of the quarters during the period ending with such quarter and beginning after he attained the age of 25 were quarters of coverage, or (if the number of quarters in such period is less than 12) not less than 6 of the quarters in the 12-quarter period ending with such quarter were quarters of coverage, ; (4) in clause (iv), as so redesignated— (A) by inserting or (iii) after clause (ii) ; and (B) by striking the semicolon at the end and inserting , or ; and (5) by adding after clause (iv), as so redesignated, the following new clause: (v) in the case of an individual (not otherwise insured under clause (i)) who, by reason of clause (ii) or (iii), had a prior period of disability that began during a period before the quarter in which he or she attained age 35, not less than one-half of the quarters beginning after such individual attained age 25 and ending with such quarter are quarters of coverage, or (if the number of quarters in such period is less than 12) not less than 6 of the quarters in the 12-quarter period ending with such quarter are quarters of coverage; . (b) Conforming amendment Subparagraph (B) of section 223(c)(1) of the Social Security Act ( 42 U.S.C. 423(c)(1) ) is amended— (1) by striking or at the end of clause (ii); (2) by redesignating clause (iii) as clause (iv); (3) by inserting after clause (ii) the following new clause: (iii) if such month ends before the quarter in which he attains (or would attain) age 35, not less than one-half (and not less than 6) of the quarters during the period ending with the quarter in which such month occurred and beginning after he attained the age of 25 were quarters of coverage, or (if the number of quarters in such period is less than 12) not less than 6 of the quarters in the 12-quarter period ending with such quarter were quarters of coverage, ; and (4) in clause (iv), as so redesignated— (A) by striking section 216(i)(3)(B)(ii) and inserting clause (ii) or (iii) of section 216(i)(3)(B) ; and (B) by striking the semicolon at the end and inserting , or ; and (5) by adding after clause (iv), as so redesignated, the following new clause: (v) in the case of an individual (not otherwise insured under clause (i)) who, by reason of clause (ii) or (iii) of section 216(i)(3)(B), had a prior period of disability that began during a period before the quarter in which he or she attained age 35, not less than one-half of the quarters beginning after such individual attained age 25 and ending with the quarter in which such month occurs are quarters of coverage, or (if the number of quarters in such period is less than 12) not less than 6 of the quarters in the 12-quarter period ending with such quarter are quarters of coverage; . 4. Effective date The amendments made by this Act shall apply to any individual who is under a disability (as defined in section 223(d) of the Social Security Act) that began before, on, or after the date of enactment of this Act and continues, but only with respect to child's insurance benefits or disability insurance benefits under title II of the Social Security Act for months beginning after such date of enactment.
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113-hr-5716
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I 113th CONGRESS 2d Session H. R. 5716 IN THE HOUSE OF REPRESENTATIVES November 14, 2014 Mr. Smith of New Jersey (for himself and Mr. Runyan ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To extend the replacement period for nonrecognition of gain for property involuntarily converted in the Hurricane Sandy disaster area.
1. Short title This Act may be cited as the Sandy Reinvestment Extension Act of 2014 . 2. Extension of replacement period for nonrecognition of gain for property involuntarily converted in the Hurricane Sandy disaster area (a) In general Section 1033(a)(2)(B)(i) of the Internal Revenue Code of 1986 shall be applied by substituting 5 years for 2 years with respect to property in the Hurricane Sandy disaster area which is compulsorily or involuntary converted on or after October 29, 2012, by reason of Hurricane Sandy, but only if substantially all of the use of the replacement property is in such area. (b) Hurricane Sandy disaster area For purposes of this section, the term Hurricane Sandy disaster area means an area with respect to which a major disaster has been declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of Hurricane Sandy and determined by the President to warrant individual or individual and public assistance from the Federal Government under such Act with respect to damages attributable to Hurricane Sandy.
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113-hr-5717
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I 113th CONGRESS 2d Session H. R. 5717 IN THE HOUSE OF REPRESENTATIVES November 14, 2014 Mr. Stockman introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend title 31, United States Code, to require annual reports from agencies detailing the cost of multilingual services, to end speculation about the cost of multilingual services provided by the Federal Government, and for other purposes.
1. Short title This Act may be cited as the Report the Costs Act . 2. Report on cost of multilingual services (a) In general Chapter 9 of title 31, United States Code, is amended— (1) in section 902(a)(6)— (A) by striking and at the end of subparagraph (D); (B) by redesignating subparagraph (E) as subparagraph (F); and (C) by inserting after subparagraph (D) the following: (E) a report detailing the annual cost of multilingual services, described by section 904, in accordance with guidance issued under section 3517; and ; and (2) by adding at the end the following: 904. Cost of multilingual services defined. In this chapter, the term cost of multilingual services means the costs to the agency associated with— (1) hiring interpreters; (2) helping agency employees or contractors learn a language other than English; (3) preparing or producing agency materials in a language other than English; (4) compensating an employee or a contractor for the ability of the employee or contractor to speak a language other than English; and (5) any other services provided or performed by an agency in a language other than English that incur additional cost to the agency. . (b) Applicability The amendments made by this section apply with respect to any reports prepared under section 902(a)(6) of title 31, United States Code, for a fiscal year beginning on or after October 1, 2016. (c) Conforming amendment The table of sections at the beginning of chapter 9 of title 31, United States Code, is amended by inserting after the item relating to section 903 the following: 904. Cost of multilingual services. . 3. Multilingual services expenses report (a) Multilingual services expenses report Subchapter II of chapter 35 of title 31, United States Code is amended— (1) in section 3512(a)(2)— (A) by striking and at the end of subparagraph (E); (B) by redesignating subparagraph (F) as subparagraph (G); and (C) by inserting after subparagraph (E) the following: (F) a Multilingual Services Expense Report that includes— (i) a summary and analysis of the cost of multilingual services (as described in section 904) detailed in reports prepared under section 902(a)(6)(E); (ii) a description of any changes needed to report accurately the cost of multilingual services for each agency; and (iii) any other information the Director considers appropriate to fully inform the Congress of the costs of all multilingual services provided by the Federal Government; and ; and (2) by adding at the end the following: 3517. Multilingual services guidelines. The Director of the Office of Management and Budget shall issue guidance that each agency Chief Financial Officer shall follow in compiling a report required under section 902(a)(6)(E) on the cost of multilingual services. . (b) Applicability The amendments made by this section apply to any reports prepared under title 3512(a) of title 31, United States Code, for a fiscal year beginning on or after October 1, 2016. (c) Deadline for guidance Not later than 180 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall issue guidance under section 3517 of title 31, United States Code, as added by subsection (a). (d) Conforming amendment The table of sections at the beginning of chapter 35 of title 31, United States Code, is amended by inserting after the item relating to section 3516 the following: 3517. Multilingual Services Accounting Guidelines. .
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113-hr-5718
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I 113th CONGRESS 2d Session H. R. 5718 IN THE HOUSE OF REPRESENTATIVES November 14, 2014 Mr. Stockman introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To study the effect of the Earth’s magnetic field on the weather.
1. Short title This Act may be cited as the Stockman Effect Act . 2. Magnetic field study (a) Findings Congress finds as follows: (1) Prior to a magnetic polar shift, there is a decline in the Earth’s magnetic fields. (2) Decrease in magnetic fields could impact global temperatures. (3) There is a possibility that the reason Mars lost its atmosphere was because of the loss of its magnetic field. (b) Magnetic field study The director of the National Science Foundation shall commission a study on the impact that a shift in the Earth’s magnetic field could have on the weather.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5718ih/xml/BILLS-113hr5718ih.xml
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113-hr-5719
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I 113th CONGRESS 2d Session H. R. 5719 IN THE HOUSE OF REPRESENTATIVES November 14, 2014 Ms. Wilson of Florida introduced the following bill; which was referred to the Committee on the Judiciary A BILL To secure the Federal voting rights of non-violent persons when released from incarceration.
1. Short title This Act may be cited as the Civil Rights Voting Restoration Act of 2014 . 2. Definitions In this Act: (1) Correctional institution or facility The term correctional institution or facility means any prison, penitentiary, jail, or other institution or facility for the confinement of individuals convicted of criminal offenses, whether publicly or privately operated, except that such term does not include any residential community treatment center (or similar public or private facility). (2) Election The term election means— (A) a general, special, primary, or runoff election; (B) a convention or caucus of a political party held to nominate a candidate; (C) a primary election held for the selection of delegates to a national nominating convention of a political party; or (D) a primary election held for the expression of a preference for the nomination of persons for election to the office of President. (3) Federal office The term Federal office means the office of President or Vice President of the United States, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress of the United States. (4) Non-violent criminal offense The term non-violent criminal offense means any offense that is not a crime of violence (as defined in section 16 of title 18, United States Code). (5) Probation The term probation means probation or parole supervision, imposed by a Federal, State, or local court or parole board, with or without a condition on the individual involved concerning— (A) the individual’s freedom of movement; (B) the payment of damages by the individual; (C) periodic reporting by the individual to an officer of the court or parole board; or (D) supervision of the individual by an officer of the court or parole board. 3. Rights of citizens (a) Right To vote The right of an individual who is a citizen of the United States to vote in any election for Federal office shall not be denied or abridged because the individual has been convicted of a non-violent criminal offense, unless, at the time of the election, the individual— (1) is serving a sentence in a correctional institution or facility; or (2) subject to subsection (b), is serving a term of probation. (b) Restoration of voting rights for individuals on probation An individual who is serving a term of probation shall have the right to vote restored in any election for Federal office— (1) on the date on which the term of probation ends, if the term of probation is less than 1 year; or (2) on the date that is 1 year after the date on which the individual begins serving the term of probation, if the term of probation is 1 year or longer. (c) Effective date This section shall take effect 1 year after the date of enactment of this Act. 4. Attorney General designation (a) In general Not later than 1 year after the date of enactment of this Act, the Attorney General shall determine which criminal offenses under Federal law and the laws of each State are non-violent criminal offenses and establish a list of all such offenses. (b) Requirements The list established under subsection (a) shall be— (1) made publicly available, in a searchable format, on the website of the Department of Justice; and (2) updated no less frequently than every year. 5. Enforcement (a) Attorney general The Attorney General may, in a civil action, obtain such declaratory or injunctive relief as is necessary to remedy a violation of this Act. (b) Private right of action (1) In general A person who is aggrieved by a violation of this Act may provide written notice of the violation to the chief election official of the State involved. (2) Relief Except as provided in paragraph (3), if the violation is not corrected within 90 days after receipt of a notice under paragraph (1), or within 20 days after receipt of the notice if the violation occurred within 120 days before the date of an election for Federal office, the aggrieved person may, in a civil action, obtain declaratory or injunctive relief with respect to the violation. (3) Exception If the violation occurred within 30 days before the date of an election for Federal office, the aggrieved person need not provide notice to the chief election official of the State under paragraph (1) before bringing a civil action to obtain declaratory or injunctive relief with respect to the violation. 6. Notification of restoration of voting rights (a) State notification (1) Notification On the date determined under paragraph (2), each State shall notify in writing any individual who has been convicted of a non-violent criminal offense under the law of that State that the individual has, pursuant to this Act, the right to vote in an election for Federal office and to register to vote in any such election, subject to section 7(c). (2) Date of notification (A) Felony conviction In the case of such an individual who has been convicted of a felony, the notification required under paragraph (1) shall be given on the date on which the individual— (i) is sentenced to serve only a term of probation; or (ii) is released from the custody of that State (other than to the custody of another State or the Federal Government to serve a term of imprisonment for a felony conviction). (B) Misdemeanor conviction In the case of such an individual who has been convicted of a misdemeanor, the notification required under paragraph (1) shall be given on the date on which the individual is sentenced by a State court. (b) Federal notification (1) Notification On the date determined under paragraph (2), the Director of the Bureau of Prisons shall notify in writing any individual who has been convicted of a non-violent criminal offense under Federal law that the individual has, pursuant to this Act, the right to vote in an election for Federal office and to register to vote in any such election, subject to section 7(c). (2) Date of notification (A) Felony conviction In the case of such an individual who has been convicted of a felony, the notification required under paragraph (1) shall be given on the date on which the individual— (i) is sentenced to serve only a term of probation by a court established by an Act of Congress; or (ii) is released from the custody of the Bureau of Prisons (other than to the custody of a State to serve a term of imprisonment for a felony conviction). (B) Misdemeanor conviction In the case of such an individual who has been convicted of a misdemeanor, the notification required under paragraph (1) shall be given on the date on which the individual is sentenced by a State court. 7. Relation to other laws (a) State laws relating to voting rights Nothing in this Act shall be construed to prohibit the States from enacting any State law which affords the right to vote in any election for Federal office on terms less restrictive than those established by this Act. (b) Certain Federal Acts The rights and remedies established by this Act— (1) are in addition to all other rights and remedies provided by law; and (2) shall not supersede, restrict, or limit the application of the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.) or the National Voter Registration Act (52 U.S.C. 20501 et seq.). (c) State laws relating to voter registration Nothing in this Act shall be construed to preempt State laws relating to the timing of voter registration for any election for Federal office. 8. Federal prison funds (a) In general No State, unit of local government, or other person may receive or use, to construct or otherwise improve a prison, jail, or other place of incarceration, any Federal grant amounts unless that person has in effect a program under which each individual incarcerated in that person’s jurisdiction is notified, upon release from such incarceration, of that individual’s rights under section 3. (b) State non-Compliance with notification requirements No State may receive or use, to construct or otherwise improve a prison, jail, or other place of incarceration, any Federal grant amounts unless the State is in compliance with the notification requirements under section 6(a).
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113-hr-5720
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I 113th CONGRESS 2d Session H. R. 5720 IN THE HOUSE OF REPRESENTATIVES November 14, 2014 Ms. Wilson of Florida 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 of 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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https://www.govinfo.gov/content/pkg/BILLS-113hr5720ih/xml/BILLS-113hr5720ih.xml
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113-hr-5721
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I 113th CONGRESS 2d Session H. R. 5721 IN THE HOUSE OF REPRESENTATIVES November 17, 2014 Mr. Lynch introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Defense Base Act ( 42 U.S.C. 1651 et seq. ) to require death benefits to be paid to a deceased employee’s designated beneficiary or next of kin in the case of death resulting from a war-risk hazard or act of terrorism occurring on or after September 11, 2001.
1. Short title This Act may be cited as the Overseas Security Personnel Fairness Act . 2. Defense Base Act amendments relating to death benefits The Defense Base Act ( 42 U.S.C. 1651 et seq. ) is amended by adding at the end the following new section: 6. Death benefits (a) In general In the case of a person covered by this Act who dies as a result of a war-risk hazard or act of terrorism, if there is no person eligible for a death benefit of the deceased under section 9 of the Longshore and Harbor Workers’ Compensation Act ( 33 U.S.C. 909 ), then the benefits provided under section 9(b) of such Act to a widow or widower of the deceased shall be paid— (1) to a beneficiary designated by the deceased; or (2) if there is no designated beneficiary, to the next of kin or the estate of the deceased under applicable State law. (b) Payment of benefits Benefits found to be due under this section shall be paid from the compensation fund established pursuant to section 8147 of title 5, United States Code. (c) War-Risk hazard defined In this section, the term war-risk hazard has the meaning provided in section 201(b) of the War Hazards Compensation Act (42 U.S.C. 1711(b)). (d) Effective date The death benefit payable under this section shall apply with respect to deaths occurring on or after September 11, 2001. .
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113-hr-5722
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I 113th CONGRESS 2d Session H. R. 5722 IN THE HOUSE OF REPRESENTATIVES November 17, 2014 Mr. Benishek (for himself and Mr. Peters of Michigan ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Federal Power Act to require the Federal Energy Regulatory Commission to review the decisions of the North American Electric Reliability Corporation affecting cost allocation under system support resources agreements.
1. Short title This Act may be cited as the Providing Opportunities to Work for Energy Reliability Act or the POWER Act . 2. Review of decisions of North American Electric Reliability Corporation affecting cost allocation under system support resources agreements Section 205 of the Federal Power Act ( 16 U.S.C. 824d ) is amended by adding at the end the following: (g) Review of decisions of North American Electric Reliability Corporation affecting cost allocation under system support resources agreements (1) Definitions In this subsection: (A) System support resources agreement (i) In general The term system support resources agreement means an agreement between the owner of a system support resources unit and a transmission organization that provides for— (I) operation of the system support resources unit for a period past the date on which the owner of the system support resources unit proposes to suspend the operation of, or retire, the system support resources unit; (II) the payments to be made to the owner of the system support resources unit for the continued operation; and (III) the manner in which the costs for the continued operation will be recovered. (ii) Inclusions The term system support resources agreement includes the associated rate schedule, or any other allocation of costs, for an agreement described in clause (i). (B) System support resources unit The term system support resources unit means a generating unit that has been designated by a transmission organization as a system support resources unit on— (i) an application to the transmission organization by the owner of the unit to retire or suspend operation of the unit; and (ii) a determination by the transmission organization that the operation of the unit is necessary to operate the transmission system consistent with applicable reliability standards. (C) Transmission organization The term transmission organization has the meaning given the term in section 215(a). (2) Review by commission (A) In general The Commission shall review any decision by the North American Electric Reliability Corporation to approve a new balancing authority that would alter cost allocations under an existing system support resources agreement. (B) Suspension of effectiveness The new balancing authority described in subparagraph (A) shall not take effect until approved by the Commission. (3) Cost-benefit analysis Prior to issuing a decision under paragraph (4), the Commission shall publish a cost-benefit analysis of the proposed decision described in paragraph (2)(A), including the likely financial impact of the decision on ratepayers. (4) Decision by commission (A) In general The Commission shall— (i) review a decision of the North American Electric Reliability Corporation described in paragraph (2)(A); and (ii) issue a decision that approves, disapproves, or modifies the decision of the North American Electric Reliability Corporation. (B) Disapproval The Commission shall disapprove a decision of the North American Electric Reliability Corporation described in paragraph (2)(A) if the Commission determines that the decision would result in unjust, unreasonable, unduly discriminatory, or otherwise unlawful rates for ratepayers. .
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113-hr-5723
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I 113th CONGRESS 2d Session H. R. 5723 IN THE HOUSE OF REPRESENTATIVES November 17, 2014 Ms. Castor of Florida introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title XIX of the Social Security Act to extend the application of the Medicare payment rate floor to primary care services furnished under Medicaid and to apply the rate floor to additional providers of primary care services.
1. Short title This Act may be cited as the Ensuring Access to Primary Care for Women & Children Act . 2. Findings Congress finds as follows: (1) Medicaid plays a key role in providing coverage for millions of working families. (2) Medicaid enrollees include families, pregnant women, children, individuals with disabilities, and other low-income individuals. Without Medicaid coverage, many enrollees would be uninsured or lack coverage for services they need. (3) In 2013, the Medicaid program covered 62,000,000 individuals, or 1 in every 5 Americans. This number will continue to grow, particularly since the Affordable Care Act significantly expanded eligibility to millions of uninsured adults. Enrollment in Medicaid and the Children’s Health Insurance Program is projected to increase by 12,800,000 by 2016. (4) If all States expand their Medicaid programs, an estimated 7,000,000 women ages 18 to 64 would gain coverage under Medicaid. (5) In 47 States and in the District of Columbia, Medicaid pays up to 67 percent less than Medicare for the same primary care services. (6) Multiple studies have concluded that higher Medicaid payment rates would increase the probability of primary care providers accepting new Medicaid patients, and would further support current Medicaid providers. (7) Congress has recognized that low provider participation in Medicaid decreases access to health care. To address this problem, Congress acted to increase Medicaid payments for certain primary care services to be not less than the Medicare payment rates for 2013 and 2014. (8) As more Americans become insured and empowered participants in their own health care, demand for primary care services is expected to increase over the next few years. (9) Six in 10 women ages 18 to 44 (58 percent) report they see an obstetrics and gynecology (OB/GYN) physician on a regular basis. They are more likely to see their OB/GYN physician on a regular basis than any other type of provider. Given that women comprise the majority of Medicaid enrollees, it is critical that primary care providers, including OB/GYN physicians, receive sufficient reimbursement to participate in Medicaid. (10) Nurse practitioners and other mid-level health professionals deliver many primary care services. Applying Medicare’s rates for nurse practitioners and mid-level health professionals encourages greater participation in Medicaid, thereby increasing access to primary care, particularly in underserved areas. (11) The enhanced Medicaid reimbursement rate ensures providers have the financial capability to serve their patients’ primary care needs. Furthermore, adding nurse practitioners, physician assistants, certified nurse-midwives, and OB/GYN physicians serving in primary care settings increases access to critical health care services for women and children nationwide. 3. Extension of application of Medicare payment rate floor to primary care services furnished under Medicaid and application to additional providers (a) In general Section 1902(a)(13) of the Social Security Act ( 42 U.S.C. 1396a(a)(13) ) is amended by striking subparagraph (C) and inserting the following: (C) payment for primary care services (as defined in subsection (jj)) at a rate that is not less than 100 percent of the payment rate that applies to such services and physician under part B of title XVIII (or, if greater, the payment rate that would be applicable under such part if the conversion factor under section 1848(d) for the year involved were the conversion factor under such section for 2009), and that is not less than the rate that would otherwise apply to such services under this title if the rate were determined without regard to this subparagraph, and that are— (i) furnished in 2013 and 2014, by a physician with a primary specialty designation of family medicine, general internal medicine, or pediatric medicine; or (ii) furnished in 2015 and 2016— (I) by a physician with a primary specialty designation of family medicine, general internal medicine, or pediatric medicine, but only if the physician self-attests that— (aa) the physician is Board certified in family medicine, general internal medicine, or pediatric medicine; or (bb) with respect to the most recently completed calendar year (or in the case of a newly eligible physician, the preceding month), 60 percent of all services the physician billed for under the State plan or a waiver under this title, or provided through a medicaid managed care organization (as defined in section 1903(m)(1)(A)), were for services described in subparagraph (A) or (B) of subsection (jj)(1); (II) by a physician with a primary specialty designation of obstetrics and gynecology, but only if the physician self-attests that— (aa) the physician is Board certified in obstetrics and gynecology; and (bb) with respect to the most recently completed calendar year (or in the case of a newly eligible physician, the preceding month), 60 percent of all services the physician billed for under the State plan or a waiver under this title, or provided through a medicaid managed care organization (as defined in section 1903(m)(1)(A)), were for services described in subparagraph (A) or (B) of subsection (jj)(1); (III) by an advanced practice clinician, as defined by the Secretary, that works under the supervision of— (aa) a physician that satisfies the criteria specified in subclause (I) or (II); or (bb) a nurse practitioner or a physician assistant (as such terms are defined in section 1861(aa)(5)(A)) who is working in accordance with State law, or a certified nurse-midwife (as defined in section 1861(gg)) who is working in accordance with State law, but only if the nurse practitioner, physician assistant, or certified nurse-midwife self-attests that, with respect to the most recently completed calendar year (or in the case of a newly eligible nurse practitioner, physician assistant, or certified nurse-midwife, the preceding month), 60 percent of all services the nurse practitioner, physician assistant, or certified nurse-midwife billed for under the State plan or a waiver under this title, or provided through a medicaid managed care organization (as defined in section 1903(m)(1)(A)), were for services described in subparagraph (A) or (B) of subsection (jj)(1); (IV) by a rural health clinic, Federally-qualified health center, or other health clinic that receives reimbursement on a fee schedule applicable to a physician, a nurse practitioner or a physician assistant (as such terms are defined in section 1861(aa)(5)(A)) who is working in accordance with State law, or a certified nurse-midwife (as defined in section 1861(gg)) who is working in accordance with State law, for services furnished by a physician, nurse practitioner, physician assistant, or certified nurse-midwife, or services furnished by an advanced practice clinician supervised by a physician described in subclause (I)(aa) or (II)(aa), another advanced practice clinician, or a certified nurse-midwife, but only if the rural health clinic or Federally-qualified health center self-attests that 60 percent of all services billed for under the State plan or a waiver under this title, or provided through a medicaid managed care organization (as defined in section 1903(m)(1)(A)), were for services described in subparagraph (A) or (B) of subsection (jj)(1); or (V) by a nurse practitioner or a physician assistant (as such terms are defined in section 1861(aa)(5)(A)) who is working in accordance with State law, or a certified nurse-midwife (as defined in section 1861(gg)) who is working in accordance with State law, in accordance with procedures that ensure that the portion of the payment for such services that the nurse practitioner, physician assistant, or certified nurse-midwife is paid is not less than the amount that the nurse practitioner, physician assistant, or certified nurse-midwife would be paid if the services were provided under part B of title XVIII, but only if the nurse practitioner, physician assistant, or certified nurse-midwife self-attests that, with respect to the most recently completed calendar year (or in the case of a newly eligible nurse practitioner, physician assistant, or certified nurse-midwife, the preceding month), 60 percent of all services the nurse practitioner, physician assistant, or certified nurse-midwife billed for under the State plan or a waiver under this title, or provided through a medicaid managed care organization (as defined in section 1903(m)(1)(A)), were for services described in subparagraph (A) or (B) of subsection (jj)(1); . (b) Improved targeting of primary care Section 1902(jj) of the Social Security Act ( 42 U.S.C. 1396a(jj) ) is amended— (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively and realigning the left margins accordingly; (2) by striking For purposes of and inserting the following: (1) In general For purposes of ; and (3) by adding at the end the following: (2) Exclusions Such term does not include any services described in subparagraph (A) or (B) of paragraph (1) if such services are provided in an emergency department of a hospital. . (c) Conforming amendment Section 1905(dd) of the Social Security Act ( 42 U.S.C. 1396d(dd) ) is amended by striking January 1, 2015 and inserting January 1, 2017 . (d) Effective date The amendments made by this section take effect on January 1, 2015.
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113-hr-5724
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I 113th CONGRESS 2d Session H. R. 5724 IN THE HOUSE OF REPRESENTATIVES November 17, 2014 Ms. Castor of Florida introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on the Budget 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 amend the Public Health Service Act to provide funding for the National Institutes of Health.
1. Short title This Act may be cited as the Permanent Investment in Health Research Act of 2014 . 2. Funding for National Institutes of Health (a) Funding Section 402A(a) of the Public Health Service Act ( 42 U.S.C. 282a(a) ) is amended to read as follows: (a) In general Out of any money in the Treasury not otherwise appropriated, for the purpose of carrying out this title, there are hereby appropriated to the National Institutes of Health, to remain available until expended, the following amounts: (1) For fiscal year 2015, $32,000,000,000. (2) For each of fiscal years 2016 through 2024, the amount appropriated under this subsection for the preceding fiscal year, adjusted by any percentage increase in nominal gross domestic product during the preceding calendar year. . (b) Conforming change Section 402A(b) of the Public Health Service Act ( 42 U.S.C. 282a(b) ) is amended by striking Of the amount authorized to be appropriated under subsection (a) and inserting Of the amount appropriated under subsection (a) . (c) Exemption from sequestration orders Subparagraph (A) of section 255(g)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 905(g)(1) ) is amended by inserting before the item relating to Office of Thrift Supervision the following new item: National Institutes of Health (75–9915–0–1–552). .
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113-hr-5725
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I 113th CONGRESS 2d Session H. R. 5725 IN THE HOUSE OF REPRESENTATIVES November 17, 2014 Mr. Jolly introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to repeal the individual health insurance mandate.
1. Short title This Act may be cited as the Patient Freedom Act of 2014 . 2. Repeal of individual health insurance mandate (a) In general Section 5000A of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (h) Termination This section shall not apply with respect to any month beginning after December 31, 2013. . (b) Effective date The amendment made by subsection (a) shall apply to taxable years ending after December 31, 2013.
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113-hr-5726
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I 113th CONGRESS 2d Session H. R. 5726 IN THE HOUSE OF REPRESENTATIVES November 17, 2014 Mr. Stockman introduced the following bill; which was referred to the Committee on Natural Resources A BILL To allow for energy exploration in the Arctic National Wildlife Refuge.
1. Short title This Act may be cited as the Freedom From Foreign Influence Act . 2. Oil exploration in the Arctic National Wildlife Refuge (a) Findings Congress finds as follows: (1) The opening up the Arctic National Wildlife Refuge (ANWR) for drilling will achieve the following: (A) increase New Alaskan production to 1.6 million barrels of energy per day by 2030; (B) generate $193 billion in new Government revenue; and (C) generate 55,000 jobs nationwide. (2) Drilling in ANWR is supported by American Indians and Alaskan Natives. (3) Drilling in ANWR will have minimal direct environmental impact. (4) Drilling in ANWR will reduce U.S. dependence on foreign energy. (b) Drilling in ANWR The Secretary of the Interior shall expediently and promptly issue permits to allow for energy resources exploration and extraction in the Arctic National Wildlife Refuge.
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113-hr-5727
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I 113th CONGRESS 2d Session H. R. 5727 IN THE HOUSE OF REPRESENTATIVES November 18, 2014 Mr. Lamborn introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committee on Foreign Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require certifications by prospective contractors with the United States Government that they are not boycotting persons, and for other purposes.
1. Certifications by prospective contractors regarding boycotting activities (a) Declaration of policy Section 3(5)(A) of the Export Administration Act of 1979 ( 50 U.S.C. 2402(5)(A) ), as in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), is amended to read as follows: (A) to oppose restrictive trade practices or boycotts against other countries friendly to the United States or against any United States person; . (b) Modification of the FAR (1) Certification Not later than the 90th day after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised to require a certification from each person that is a prospective contractor that the person, and any person owned or controlled by the person, is not a boycotting person. (2) Waiver The President may on a case-by-case basis waive the requirement that a person make a certification under paragraph (1) if the President determines and certifies in writing to the Committee on Energy and Commerce of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate that it is essential to the national security interests of the United States to do so. (c) False certifications (1) Penalties If the head of an executive agency determines that a person has submitted a false certification under subsection (b) on or after the date on which the revision of the Federal Acquisition Regulation required by subsection (b) becomes effective, the head of that executive agency shall terminate any contract with such person and debar and suspend such person from eligibility for Federal contracts for a period of not less than 2 years. Any such debarment and suspension shall be subject to the procedures that apply to debarment and suspension under the Federal Acquisition Regulation under subpart 9.4 of part 9 of title 48, Code of Federal Regulations. (2) Inclusion on list of debarred contractors The Administrator of General Services shall include on the listing of contractors debarred, suspended, or proposed for debarment that is maintained by the Administrator under subpart 9.4 of the Federal Acquisition Regulation each person that is debarred, suspended, or proposed for debarment or suspension by the head of an executive agency on the basis of a determination of a false certification under paragraph (1). (d) Definitions In this section: (1) Boycotting person (A) In general The term boycotting person means a person who takes or knowingly agrees to take any of the actions described in subparagraph (B) with the intent to comply with, further, or support any boycott against a country with which the United States has a free trade agreement and which is not itself the object of any form of boycott pursuant to United States law or regulation. (B) Actions described The actions referred to in subparagraph (A) are refusing, or requiring any other person to refuse, to do business with or in the boycotted country, with any national or resident of the boycotted country, or a business concern organized under the laws of the boycotted country. (2) Executive agency The term executive agency has the meaning given that term in section 133 of title 41, United States Code. (e) Effective date (1) In general Except as provided in paragraph (2), this section and the amendment made by this section shall take effect upon the expiration of the 90-day period beginning on the date of the enactment of this Act. (2) Revision of FAR Subsection (b)(1) shall take effect on the date of the enactment of this Act.
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113-hr-5728
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I 113th CONGRESS 2d Session H. R. 5728 IN THE HOUSE OF REPRESENTATIVES AN ACT To amend the Communications Act of 1934 and title 17, United States Code, to extend expiring provisions relating to the retransmission of signals of television broadcast stations, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the STELA Reauthorization 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. No additional appropriations authorized. Title I—Communications Provisions Sec. 101. Extension of authority. Sec. 102. Modification of television markets to further consumer access to relevant television programming. Sec. 103. Consumer protections in retransmission consent. Sec. 104. Delayed application of JSA attribution rule. Sec. 105. Deletion or repositioning of stations during certain periods. Sec. 106. Repeal of integration ban. Sec. 107. Report on communications implications of statutory licensing modifications. Sec. 108. Local network channel broadcast reports. Sec. 109. Report on designated market areas. Sec. 110. Update to cable rates report. Sec. 111. Administrative reforms to effective competition petitions. Sec. 112. Definitions. Title II—Copyright Provisions Sec. 201. Reauthorization. Sec. 202. Termination of license. Sec. 203. Local service area of a primary transmitter. Sec. 204. Market determinations. Title III—Severability Sec. 301. Severability. 2. No additional appropriations authorized No additional funds are authorized to carry out this Act, or the amendments made by this Act. This Act, and the amendments made by this Act, shall be carried out using amounts otherwise authorized or appropriated. I Communications Provisions 101. Extension of authority Section 325(b) of the Communications Act of 1934 ( 47 U.S.C. 325(b) ) is amended— (1) in paragraph (2)(C), by striking December 31, 2014 and inserting December 31, 2019 ; and (2) in paragraph (3)(C), by striking January 1, 2015 each place it appears and inserting January 1, 2020 . 102. Modification of television markets to further consumer access to relevant television programming (a) In general Section 338 of the Communications Act of 1934 ( 47 U.S.C. 338 ) is amended by adding at the end the following: (l) Market determinations (1) In general Following a written request, the Commission may, with respect to a particular commercial television broadcast station, include additional communities within its local market or exclude communities from such station’s local market to better effectuate the purposes of this section. (2) Considerations In considering requests filed under paragraph (1), the Commission— (A) may determine that particular communities are part of more than one local market; and (B) shall afford particular attention to the value of localism by taking into account such factors as— (i) whether the station, or other stations located in the same area— (I) have been historically carried on the cable system or systems within such community; or (II) have been historically carried on the satellite carrier or carriers serving such community; (ii) whether the television station provides coverage or other local service to such community; (iii) whether modifying the local market of the television station would promote consumers' access to television broadcast station signals that originate in their State of residence; (iv) whether any other television station that is eligible to be carried by a satellite carrier in such community in fulfillment of the requirements of this section provides news coverage of issues of concern to such community or provides carriage or coverage of sporting and other events of interest to the community; and (v) evidence of viewing patterns in households that subscribe and do not subscribe to the services offered by multichannel video programming distributors within the areas served by such multichannel video programming distributors in such community. (3) Carriage of signals (A) Carriage obligation A market determination under this subsection shall not create additional carriage obligations for a satellite carrier if it is not technically and economically feasible for such carrier to accomplish such carriage by means of its satellites in operation at the time of the determination. (B) Deletion of signals A satellite carrier shall not delete from carriage the signal of a commercial television broadcast station during the pendency of any proceeding under this subsection. (4) Determinations Not later than 120 days after the date that a written request is filed under paragraph (1), the Commission shall grant or deny the request. (5) No effect on eligibility to receive distant signals No modification of a commercial television broadcast station’s local market pursuant to this subsection shall have any effect on the eligibility of households in the community affected by such modification to receive distant signals pursuant to section 339, notwithstanding subsection (h)(1) of this section. . (b) Conforming amendments Section 614(h)(1)(C) of the Communications Act of 1934 ( 47 U.S.C. 534(h)(1)(C) ) is amended— (1) in clause (ii)— (A) in subclause (I), by striking community and inserting community or on the satellite carrier or carriers serving such community ; (B) by redesignating subclauses (III) and (IV) as subclauses (IV) and (V), respectively; (C) by inserting after subclause (II) the following: (III) whether modifying the market of the television station would promote consumers' access to television broadcast station signals that originate in their State of residence; ; and (D) by amending subclause (V), as redesignated, to read as follows: (V) evidence of viewing patterns in households that subscribe and do not subscribe to the services offered by multichannel video programming distributors within the areas served by such multichannel video programming distributors in such community. ; and (2) by moving the margin of clause (iv) 2 ems to the left. (c) Market modification process The Commission shall make information available to consumers on its website that explains the market modification process, including— (1) who may petition to include additional communities within, or exclude communities from, a— (A) local market (as defined in section 122(j) of title 17, United States Code); or (B) television market (as determined under section 614(h)(1)(C) of the Communications Act of 1934 ( 47 U.S.C. 534(h)(1)(C) )); and (2) the factors that the Commission takes into account when responding to a petition described in paragraph (1). (d) Implementation (1) Deadline for regulations Not later than 9 months after the date of the enactment of this Act, the Commission shall promulgate regulations to implement this section and the amendments made by this section. (2) Matters for consideration As part of the rulemaking required by paragraph (1), the Commission shall ensure that procedures for the filing and consideration of a written request under sections 338(l) and 614(h)(1)(C) of the Communications Act of 1934 ( 47 U.S.C. 338(l) ; 534(h)(1)(C)) fully effectuate the purposes of the amendments made by this section, and update what it considers to be a community for purposes of a modification of a market under section 338(l) or 614(h)(1)(C) of the Communications Act of 1934. 103. Consumer protections in retransmission consent (a) Joint retransmission consent negotiations Section 325(b)(3)(C) of the Communications Act of 1934 ( 47 U.S.C. 325(b)(3)(C) ) is amended— (1) in clause (ii), by striking and at the end; (2) in clause (iii), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (iv) prohibit a television broadcast station from coordinating negotiations or negotiating on a joint basis with another television broadcast station in the same local market (as defined in section 122(j) of title 17, United States Code) to grant retransmission consent under this section to a multichannel video programming distributor, unless such stations are directly or indirectly under common de jure control permitted under the regulations of the Commission; and . (b) Protections for significantly viewed and other television signals Section 325(b)(3)(C) of the Communications Act of 1934 ( 47 U.S.C. 325(b)(3)(C) ) is further amended by adding at the end the following: (v) prohibit a television broadcast station from limiting the ability of a multichannel video programming distributor to carry into the local market (as defined in section 122(j) of title 17, United States Code) of such station a television signal that has been deemed significantly viewed, within the meaning of section 76.54 of title 47, Code of Federal Regulations, or any successor regulation, or any other television broadcast signal such distributor is authorized to carry under section 338, 339, 340, or 614 of this Act, unless such stations are directly or indirectly under common de jure control permitted by the Commission. . (c) Good faith Not later than 9 months after the date of the enactment of this Act, the Commission shall commence a rulemaking to review its totality of the circumstances test for good faith negotiations under clauses (ii) and (iii) of section 325(b)(3)(C) of the Communications Act of 1934 ( 47 U.S.C. 325(b)(3)(C) ). (d) Margin corrections Section 325(b) of the Communications Act of 1934 ( 47 U.S.C. 325(b) ) is further amended— (1) in paragraph (3)(C), by moving the margin of clause (iii) 4 ems to the left; and (2) by moving the margin of paragraph (7) 2 ems to the left. (e) Deadline for regulations Not later than 9 months after the date of the enactment of this Act, the Commission shall promulgate regulations to implement the amendments made by this section. 104. Delayed application of JSA attribution rule A party to a joint sales agreement (as defined in Note 2(k) to section 73.3555 of title 47, Code of Federal Regulations) that is in effect on the effective date of the amendment to Note 2(k)(2) to such section made by the Further Notice of Proposed Rulemaking and Report and Order adopted by the Commission on March 31, 2014 (FCC 14–28), shall not be considered to be in violation of the ownership limitations of such section by reason of the application of the rule in such Note 2(k)(2) (as so amended) to such agreement before the date that is 6 months after the end of the period specified by the Commission in such Report and Order for such a party to come into compliance with such ownership limitations. 105. Deletion or repositioning of stations during certain periods (a) In general Section 614(b)(9) of the Communications Act of 1934 ( 47 U.S.C. 534(b)(9) ) is amended by striking the second sentence. (b) Revision of rules Not later than 90 days after the date of the enactment of this Act, the Commission shall revise section 76.1601 of its rules (47 CFR 76.1601) and any note to such section by removing the prohibition against deletion or repositioning of a local commercial television station during a period in which major television ratings services measure the size of audiences of local television stations. 106. Repeal of integration ban (a) Termination of effectiveness The second sentence of section 76.1204(a)(1) of title 47, Code of Federal Regulations, terminates effective on the date that is 1 year after the date of the enactment of this Act. (b) Removal from rules Not later than 545 days after the date of the enactment of this Act, the Commission shall complete all actions necessary to remove the sentence described in subsection (a) from its rules. (c) Preservation of waivers Any waiver of section 76.1204(a)(1) of title 47, Code of Federal Regulations, in effect as of the date of the enactment of this Act or granted after such date shall be extended through December 31, 2015. (d) Working Group (1) In general Not later than 45 days after the date of the enactment of this Act, the Chairman of the Commission shall establish a working group of technical experts representing a wide range of stakeholders, to identify, report, and recommend performance objectives, technical capabilities, and technical standards of a not unduly burdensome, uniform, and technology- and platform-neutral software-based downloadable security system designed to promote the competitive availability of navigation devices in furtherance of section 629 of the Communications Act of 1934 ( 47 U.S.C. 549 ). (2) Report Not later than 9 months after the date of the enactment of this Act, the working group shall file a report with the Commission on its work under paragraph (1). (3) Commission assistance The Chairman of the Commission may appoint a member of the Commission's staff— (A) to moderate and direct the work of the working group under this subsection; and (B) to provide technical assistance to members of the working group, as appropriate. (4) Initial meeting The initial meeting of the working group shall take place not later than 90 days after the date of the enactment of this Act. 107. Report on communications implications of statutory licensing modifications (a) Study The Comptroller General of the United States shall conduct a study that analyzes and evaluates the changes to the carriage requirements currently imposed on multichannel video programming distributors under the Communications Act of 1934 ( 47 U.S.C. 151 et seq. ) and the regulations promulgated by the Commission that would be required or beneficial to consumers, and such other matters as the Comptroller General considers appropriate, if Congress implemented a phase-out of the current statutory licensing requirements set forth under sections 111, 119, and 122 of title 17, United States Code. Among other things, the study shall consider the impact such a phase-out and related changes to carriage requirements would have on consumer prices and access to programming. (b) Report Not later than 18 months after the date of the enactment of this Act, the Comptroller General shall submit to the appropriate congressional committees a report on the results of the study conducted under subsection (a), including any recommendations for legislative or administrative actions. Such report shall also include a discussion of any differences between such results and the results of the study conducted under section 303 of the Satellite Television Extension and Localism Act of 2010 (124 Stat. 1255). 108. Local network channel broadcast reports (a) Requirement (1) In general On the 270th day after the date of the enactment of this Act, and on each succeeding anniversary of such 270th day, each satellite carrier shall submit an annual report to the Commission setting forth— (A) each local market in which it— (i) retransmits signals of 1 or more television broadcast stations with a community of license in that market; (ii) has commenced providing such signals in the preceding 1-year period; and (iii) has ceased to provide such signals in the preceding 1-year period; and (B) detailed information regarding the use and potential use of satellite capacity for the retransmission of local signals in each local market. (2) Termination The requirement under paragraph (1) shall cease after each satellite carrier has submitted 5 reports under such paragraph. (b) Definitions In this section— (1) the terms local market and satellite carrier have the meaning given such terms in section 339(d) of the Communications Act of 1934 ( 47 U.S.C. 339(d) ); and (2) the term television broadcast station has the meaning given such term in section 325(b)(7) of the Communications Act of 1934 ( 47 U.S.C. 325(b)(7) ). 109. Report on designated market areas (a) In general Not later than 18 months after the date of the enactment of this Act, the Commission shall submit to the appropriate congressional committees a report that contains— (1) an analysis of— (A) the extent to which consumers in each local market have access to broadcast programming from television broadcast stations located outside their local market, including through carriage by cable operators and satellite carriers of signals that are significantly viewed (within the meaning of section 340 of the Communications Act of 1934 ( 47 U.S.C. 340 )); and (B) whether there are technologically and economically feasible alternatives to the use of designated market areas to define markets that would provide consumers with more programming options and the potential impact such alternatives could have on localism and on broadcast television locally, regionally, and nationally; and (2) recommendations on how to foster increased localism in counties served by out-of-State designated market areas. (b) Considerations for fostering increased localism In making recommendations under subsection (a)(2), the Commission shall consider— (1) the impact that designated market areas that cross State lines have on access to local programming; (2) the impact that designated market areas have on local programming in rural areas; and (3) the state of local programming in States served exclusively by out-of-State designated market areas. 110. Update to cable rates report Section 623(k) of the Communications Act of 1934 ( 47 U.S.C. 543(k) ) is amended to read as follows: (k) Reports on average prices (1) In general The Commission shall annually publish statistical reports on the average rates for basic cable service and other cable programming, and for converter boxes, remote control units, and other equipment of cable systems that the Commission has found are subject to effective competition under subsection (a)(2) compared with cable systems that the Commission has found are not subject to such effective competition. (2) Inclusion in annual report (A) In general The Commission shall include in its report under paragraph (1) the aggregate average total amount paid by cable systems in compensation under section 325. (B) Form The Commission shall publish information under this paragraph in a manner substantially similar to the way other comparable information is published in such report. . 111. Administrative reforms to effective competition petitions Section 623 of the Communications Act of 1934 ( 47 U.S.C. 543 ) is amended by adding at the end the following: (o) Streamlined petition process for small cable operators (1) In general Not later than 180 days after the date of the enactment of this subsection, the Commission shall complete a rulemaking to establish a streamlined process for filing of an effective competition petition pursuant to this section for small cable operators, particularly those who serve primarily rural areas. (2) Construction Nothing in this subsection shall be construed to have any effect on the duty of a small cable operator to prove the existence of effective competition under this section. (3) Definition of small cable operator In this subsection, the term small cable operator has the meaning given the term in subsection (m)(2). . 112. Definitions In this title: (1) Appropriate congressional committees The term appropriate congressional committees means the Committee on Energy and Commerce and the Committee on the Judiciary of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on the Judiciary of the Senate. (2) Commission The term Commission means the Federal Communications Commission. II Copyright Provisions 201. Reauthorization Chapter 1 of title 17, United States Code, is amended— (1) in section 111(d)(3)— (A) in the matter preceding subparagraph (A), by striking clause and inserting paragraph ; and (B) in subparagraph (B), by striking clause and inserting paragraph ; and (2) in section 119— (A) in subsection (c)(1)(E), by striking 2014 and inserting 2019 ; and (B) in subsection (e), by striking 2014 and inserting 2019 . 202. Termination of license (a) In general Section 119 of title 17, United States Code, as amended in section 201, is amended by adding at the end the following: (h) Termination of license This section shall cease to be effective on December 31, 2019. . (b) Conforming amendment Section 107(a) of the Satellite Television Extension and Localism Act of 2010 ( 17 U.S.C. 119 note) is repealed. 203. Local service area of a primary transmitter Section 111(f)(4) of title 17, United States Code, is amended, in the second sentence— (1) by inserting as defined by the rules and regulations of the Federal Communications Commission, after television station, ; (2) by striking comprises the area within 35 miles of the transmitter site, except that and inserting comprises the designated market area, as defined in section 122(j)(2)(C), that encompasses the community of license of such station and any community that is located outside such designated market area that is either wholly or partially within 35 miles of the transmitter site or, ; and (3) by striking the number of miles shall be 20 miles and inserting wholly or partially within 20 miles of such transmitter site . 204. Market determinations Section 122(j)(2) of title 17, United States Code, is amended— (1) by moving the margins of subparagraphs (B), (C), and (D) 2 ems to the left; and (2) by adding at the end the following: (E) Market determinations The local market of a commercial television broadcast station may be modified by the Federal Communications Commission in accordance with section 338(l) of the Communications Act of 1934 ( 47 U.S.C. 338 ). . III Severability 301. Severability If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of such provision or amendment to any person or circumstance shall not be affected thereby.
Passed the House of Representatives November 19, 2014. Karen L. Haas, Clerk.
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113-hr-5729
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I 113th CONGRESS 2d Session H. R. 5729 IN THE HOUSE OF REPRESENTATIVES November 18, 2014 Mrs. Blackburn (for herself, Mr. Gene Green of Texas , Mr. Butterfield , Mr. McCaul , and Mr. Fleischmann ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To expand the program of priority review to encourage treatments for tropical diseases.
1. Short title This Act may be cited as the Adding Ebola to the FDA Priority Review Voucher Program Act . 2. Priority review to encourage treatments for tropical diseases Section 524 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360n ) is amended— (1) in subsection (a)(3)— (A) by redesignating subparagraph (Q) as subparagraph (R); (B) by inserting after subparagraph (P) the following: (Q) Filoviruses. ; and (C) in subparagraph (R), as so redesignated, by striking regulation by and inserting order of ; and (2) in subsection (b)— (A) in paragraph (2), by adding There is no limit on the number of times a priority review voucher may be transferred before such voucher is used. after the period at the end; and (B) in paragraph (4), by striking 365 days and inserting 90 days .
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113-hr-5730
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I 113th CONGRESS 2d Session H. R. 5730 IN THE HOUSE OF REPRESENTATIVES November 18, 2014 Mr. Grayson introduced the following bill; which was referred to the Committee on Veterans' Affairs A BILL To make nine month foreclosure and eviction protections for servicemembers permanent, and for other purposes.
1. Nine month protections for members of uniformed services relating to mortgages, mortgage foreclosure, and eviction made permanent (a) Repeal of revival provision Section 710(d) of the Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012 ( Public Law 112–154 ; 126 Stat. 1208) is amended by striking paragraph (3).
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113-hr-5731
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I 113th CONGRESS 2d Session H. R. 5731 IN THE HOUSE OF REPRESENTATIVES November 18, 2014 Mr. Grayson introduced the following bill; which was referred to the Committee on Veterans' Affairs A BILL To extend foreclosure and eviction protections for servicemembers, and for other purposes.
1. Short title This Act may be cited as the Servicemembers Foreclosure Protection Act of 2014 . 2. Extension of protections for members of uniformed services relating to mortgages, mortgage foreclosure, and eviction (a) In general Paragraph (1) of section 710(d) of the Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012 ( Public Law 112–154 ; 126 Stat. 1208) is amended by striking 2014 and inserting 2016 . (b) Repeal of revival provision Section 710(d) of the Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012 ( Public Law 112–154 ; 126 Stat. 1208) is amended by striking paragraph (3).
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113-hr-5732
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I 113th CONGRESS 2d Session H. R. 5732 IN THE HOUSE OF REPRESENTATIVES November 18, 2014 Mr. Deutch (for himself and Mr. Roskam ) 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 crack down on fraud in the Medicare program to protect seniors, people with disabilities, and taxpayers.
1. Short title This Act may be cited as the Stop Schemes and Crimes Against Medicare and Seniors (Stop SCAMS) Act . 2. Ensuring that new medical coding systems do not compromise fraud prevention efforts (a) In general Section 1173(c) of the Social Security Act ( 42 U.S.C. 1320d–2(c) ) is amended— (1) in paragraph (1)— (A) in subparagraph (A), by striking ; or and inserting or, if no code sets for such data elements have been developed, establish code sets for the data elements; ; and (B) by striking subparagraph (B) and adding the following new subparagraphs: (B) ensure that any entity producing and transmitting valid transactions that include code sets are subject to a consistent, industry-wide framework that supports a seamless transition to new and modified code sets; and (C) establish, by a rule promulgated after notice and an opportunity for a hearing on the record, an end-to-end testing procedure for new and modified code sets that shall require the participation of any entity producing and transmitting valid transactions that use such new or modified code set. ; and (2) by adding at the end the following paragraphs: (3) Adopting new and modified code sets The Secretary shall not adopt a new or modified code set unless the Secretary— (A) assesses the impact of the code set on fraud prevention and pre-payment review, determines that anti-fraud edits work as intended, and confirms that a plan is in place to ensure continuing effective detection of fraud following the adoption of the code set; (B) ensures that the end-to-end testing procedure established by the Secretary under paragraph (1) has been completed; and (C) completes end-to-end testing with any Federal Government entity that produces and transmits valid transactions that include the code set with private sector tracking partners. (4) Routine updates to existing code sets Paragraph (3) shall not apply to routine, regularly scheduled updates to existing code sets. . (b) Effective date The amendments made by this section shall be effective as of October 1, 2015. 3. Verification of provider ownership interests (a) In general Section 1124(c) of the Social Security Act ( 42 U.S.C. 1320a–3(c) ) is amended— (1) by redesignating paragraph (5) as paragraph (6); and (2) by inserting after paragraph (4) the following paragraph: (5) Verification of Information (A) In general With respect to information supplied by a disclosing entity under subsections (a) and (b), the Secretary shall— (i) verify such information by comparing it to available data on the provider collected through disclosures made to the Secretary under section 1128G(a)(2), or, in the case of a disclosing entity to which section 1128G(a)(2) does not apply, verify such information through comparison with at least one other public or private database which contains information as to the identity of each person with an ownership or control interest in the entity; and (ii) confirm the accuracy of any social security account number or employer identification number supplied under subsection (a) by verifying— (I) each social security account number with the Commissioner of Social Security; and (II) each employer identification number with the Secretary of the Treasury. (B) Discrepancies If the comparison described in subparagraph (A)(i) reveals a discrepancy between information supplied by a disclosing entity under subsections (a) and (b) and available data on the provider collected through disclosures made to the Secretary under section 1128G(a)(2), the Secretary shall independently verify the accuracy of such data collected under section 1128G(a)(2) before taking any action against a provider based on such discrepancy. . (b) Effective date The amendments made by this section shall be effective as of the date that is 1 year after the date of enactment of this Act. 4. Supporting public and private information sharing to prevent health care fraud (a) Definitions In this section: (1) Healthcare fraud prevention partnership; Partnership The terms Healthcare Fraud Prevention Partnership and Partnership mean the information sharing partnership established between the Department of Health and Human Services, the Department of Justice, and other public and private stakeholders, including private insurers, under the authority of section 1128C(a)(2) of the Social Security Act (42 U.S.C. 1320a–7c(a)(2)) for the purpose of detecting and preventing health care fraud. (2) Private insurer The term private insurer has the meaning given the term health insurance issuer under section 2791(b)(2) of the Public Health Service Act ( 42 U.S.C. 300GG–91(b)(2) ). (b) Safe harbor for the sharing of information (1) General immunity (A) In general A non-governmental entity participating in the Partnership (including a private insurer) that— (i) provides data or information described in clause (i) or (ii) of subparagraph (B) to the Department of Health and Human Services, the Department of Justice, any other Federal or State law enforcement agency, any contractor of such Department or agency, or another entity participating in the Partnership (including a private insurer); or (ii) uses such data or information as permitted by this subsection, shall be immune from civil liability with respect to the provision or authorized use of such data or information. (B) Data or information (i) Data The data described in this clause is aggregated claims data or other information described in clause (ii) that does not include individually identifiable information with respect to any health care provider, supplier, or beneficiary, whether or not analysis of such information results in the identification of a health care provider, supplier, or other person or organization as having committed fraud or having committed acts suspected of being fraudulent. (ii) Information The information described in this clause is information concerning fraud or suspected fraudulent acts that identifies a specific health care provider, supplier, or other person or organization if the provider, supplier, or other person or organization so identified— (I) is the subject of a bona fide fraud investigation conducted by the entity participating in the Partnership, including a private insurer, that is providing the information; (II) is the subject of a fraud-related allegation that has been filed by or received by the entity participating in the Partnership, including a private insurer, that is providing the information; or (III) has been convicted of a fraud-related offense. (2) Limitation The immunity described in paragraph (1) shall apply only where— (A) the data or information involved was provided in good faith and without malice; and (B) the data or information provided is true, based on a reasonable belief, to the knowledge of the person providing the information, or if false, the information is provided without knowledge of, and without reckless disregard for, its falsity. (3) Use of Partnership data or information For purposes of this subsection, data or information relating to a specific provider or supplier received by a private insurer solely through the Partnership shall be used, with respect to such provider or supplier, only for the purpose of informing decisionmaking by the private insurer related to fraud investigations, including whether to conduct such an investigation. Nothing in the preceding sentence shall prevent a private insurer or other entity participating in the Partnership from taking other actions, not specific to such provider or supplier, based on such data or information. (c) Report Not later than October 1 of each calendar year that begins after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to the Special Committee on Aging, the Committee on Finance, and the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives, a report that describes the activities of the Healthcare Fraud Prevention Partnership. Such report shall include— (1) a description of how input was obtained from private insurers regarding the appropriate usage of data shared through the Healthcare Fraud Prevention Partnership; and (2) plans for the Partnership to be expanded to encompass a representative sample of national private insurers and to include health care provider organizations. 5. MedPAC study and report (a) Study The Medicare Payment Advisory Commission shall conduct a study on administrative efforts to strengthen program integrity in the Medicare program. Such study may include— (1) an evaluation of ways to detect fraudulent claims before payment is made; (2) a review of the efficiency and effectiveness of post-payment recovery methods; (3) analysis by the Centers for Medicare & Medicaid Services and public reporting of claims and spending patterns; and (4) a review of the organizational structure and resources of the Centers for Medicare & Medicaid Services as they relate to program integrity. (b) Report Not later than June 15, 2016, the Medicare Payment Advisory Commission shall submit to Congress a report on the study conducted under subsection (a), together with recommendations for such legislative and administrative action as the Commission determines appropriate. 6. Ability to measure fraud prevention efforts Section 4241 of the Small Business Jobs Act of 2010 ( 42 U.S.C. 1320a–7m ) is amended— (1) in subsection (b)(4), by inserting and on civil recoveries, administrative actions, and criminal convictions for fraud after reimbursement ; and (2) in subsection (c), by adding at the end the following paragraph: (7) Implementation of amendments The Secretary shall implement amendments made to this subsection by the Stop Schemes and Crimes Against Medicare and Seniors (Stop SCAMS) Act not later than 6 months after the date of enactment of such Act. If the Secretary determines that new technology or data processing systems are required to carry out such amendments, the Secretary shall issue a request for proposals to carry out such amendments not later than 6 months after the enactment of such Act, and the contractors selected under such request for proposal shall implement such amendments not later than 12 months after the date of enactment of such Act. .
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113-hr-5733
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I 113th CONGRESS 2d Session H. R. 5733 IN THE HOUSE OF REPRESENTATIVES November 18, 2014 Mr. Huffman (for himself, Mr. Lowenthal , and Ms. Matsui ) introduced the following bill; which was referred to the Committee on Rules , 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 require the Director of the Congressional Budget Office to calculate a carbon score for each bill or resolution.
1. Short title This Act may be cited as the Carbon Pollution Transparency Act of 2014 . 2. Definitions In this Act: (1) Carbon score The term carbon score means the projected net greenhouse gas emissions that would result— (A) from the enactment and implementation of a bill or resolution; and (B) if the amounts authorized to be appropriated, or otherwise made available, in the bill or resolution were fully appropriated. (2) Director The term Director means the Director of the Congressional Budget Office. (3) Greenhouse gas The term greenhouse gas has the meaning given the term in section 211(o)(1) of the Clean Air Act ( 42 U.S.C. 7545(o)(1) ). (4) Net greenhouse gas emissions The term net greenhouse gas emissions means the net quantity of all greenhouse gases emitted into the atmosphere, including emissions by sources and removals by sinks, where the total quantity of emissions for each gas is expressed as a carbon dioxide equivalent. 3. Carbon score (a) In general In carrying out section 402 of the Congressional Budget Act of 1974 ( 2 U.S.C. 653 ), the Director shall include in the analysis submitted to the appropriate committee of Congress the carbon score of each public bill or resolution. (b) Net greenhouse gas emissions baseline In calculating the carbon score under subsection (a), the Director shall base any calculation of the increase or decrease of the level of greenhouse gas emissions on a comparison with the level of greenhouse gas emissions occurring under current law. (c) Scope of calculated emissions In calculating the carbon score under subsection (a), the Director shall consider all likely changes in net greenhouse gas emissions, including— (1) any changes to net greenhouse gas emissions that would directly result from activities required to carry out the bill or resolution; and (2) any changes to net greenhouse gas emissions that would— (A) indirectly result from activities required to carry out the bill or resolution; and (B) not otherwise have occurred. (d) Established best practices In calculating the carbon score under subsection (a), the Director shall, to the maximum extent practicable, use established best practices for estimating emissions, such as— (1) lifecycle analysis; and (2) internationally recognized methodologies (such as guidelines from the International Panel on Climate Change). (e) Timeline The Director shall calculate the carbon score under subsection (a) on the same timeline as the Director carries out the analysis under section 402 of the Congressional Budget Act of 1974 ( 2 U.S.C. 653 ). 4. Authorization of appropriations There are authorized to be appropriated to the Director such sums as are necessary to develop the expertise and capacity required to carry out the analyses required under section 3.
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113-hr-5734
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I 113th CONGRESS 2d Session H. R. 5734 IN THE HOUSE OF REPRESENTATIVES November 18, 2014 Mr. Stockman introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To achieve a lasting peace in the Middle East and improve the economic situation for its people.
1. Short title This Act may be cited as the Right of Return Act . 2. Plan for peace (a) Findings Congress finds as follows: (1) The policy of the two-state solution and the concept of land for peace have consistently failed to bring about a lasting peace in the Land of Israel. (2) In November 2014, Suha Arafat, wife of former Palestine Liberation Organization chair Yasser Arafat, stated in the Italian newspaper La Repubblica that The armed struggle today will not lead to anything. We will only end up crushed. . In that same interview, Arafat also stated that Hamas has taken people hostage and A generation … is growing up in violence, with no education, with no hope but emigration . (3) The Palestinian Authority has been offered a sovereign state in virtually the entirety of the disputed territories on multiple occasions, including in 2000, 2001, and 2008, and has rejected it each time. (4) The 2011 unemployment rate at 28.4 percent for Palestinian Arabs, compared with 5.1 percent for Israeli Arabs. (5) A September 2007 survey by the Center for Palestinian Policy and Research found that 32 percent of Palestinian Arabs want to emigrate. (6) The Emirate of Transjordan was created out of the British Mandate for Palestine for the explicit purpose of being the home for Palestinian Arabs by the Transjordan Memorandum in 1922. (7) The concept of enabling people to move to new homes in other territories was recommended as a solution to the conflict by the Peel Commission in 1937 and was also recommended as a solution to the conflict by the United Nations Partition Plan for Palestine in 1947. (8) The 2012 Levy Report found that the region of Judea and Samaria does not fall under the jurisdiction of the 1949 Fourth Geneva Convention. (9) The purpose of this bill is to increase the economic wealth and civil rights of Palestinian Arabs. (b) Plan for peace The Congress of the United States shall take the following course of action: (1) The Secretary of State shall call for the State of Israel to increase the standard of living of those living in Judea, Samaria, and Gaza by extending its sovereignty over those territories, and for the Palestinian Arab residents currently residing in those areas to be granted citizenship in the countries that controlled those territories from 1949 to 1967 and have a right of return to those countries. (2) As long as part of the unity government of the Palestinian Authority refuses to allow the right of return to the countries that controlled Judea, Samaria, and Gaza from 1949 to 1967, no funds appropriated by Congress under any Act may be obligated or expended to provide any United States assistance, loan guarantee, or debt relief to the Palestinian Authority. (3) The Secretary of State of the United States shall take such action as will ensure that refugees are allowed to be properly allowed to return into their host countries in accordance with the regulations set forth by the United Nations High Commission for Refugees (UNHCR). (4) All United States assistance, loan guarantee, and debt relief that currently goes to the United Nations Relief and Works Agency for Palestinian Refugees in the Near East (UNRWA) shall instead be used to assist those who exercise their right of return to the countries who controlled Judea, Samaria, and Gaza from 1949 to 1967.
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113-hr-5735
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I 113th CONGRESS 2d Session H. R. 5735 IN THE HOUSE OF REPRESENTATIVES November 18, 2014 Ms. Meng introduced the following bill; which was referred to the Committee on the Judiciary A BILL To facilitate the expedited review of applications of aliens applying for admission to the United States under section 101(a)(15)(J) who are coming to the United States to participate in a program under which they will receive graduate medical education or training.
1. Short title This Act may be cited as the Grant Residency for Additional Doctors Act of 2014 or the GRAD Act of 2014 . 2. Expedited review of certain J–1 visas Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall designate an officer or employee of the Department of State whose sole responsibility during the months of March, April, May, June, and any other period of time as determined appropriate by the Secretary, shall be to facilitate the expedited review of applications of aliens applying for admission to the United States under section 101(a)(15)(J) who are coming to the United States to participate in a program under which they will receive graduate medical education or training.
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113-hr-5736
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I 113th CONGRESS 2d Session H. R. 5736 IN THE HOUSE OF REPRESENTATIVES November 18, 2014 Mr. Young of Alaska introduced the following bill; which was referred to the Committee on Natural Resources , 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 provide for the conveyance of certain property to the Yukon Kuskokwim Health Corporation located in Bethel, Alaska.
1. Conveyance of property (a) In general As soon as practicable after the date of the enactment of this Act, but not later than 180 days after such date, the Secretary of Health and Human Services (referred to in this Act as the Secretary ) shall convey to the Yukon Kuskokwim Health Corporation located in Bethel, Alaska, all the right, title, and interest of the United States in and to the property described in section 2 for use in connection with health and social services programs. (b) Conditions The conveyance required by this section shall be made by warranty deed without consideration and without imposing any obligation, term, or condition on the Yukon Kuskokwim Health Corporation, or reversionary interest of the United States, other than that required by this Act or section 512(c)(2)(B) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 458aaa–11(c)(2)(B)). 2. Property described The property, including all land and appurtenances, described in this section is that property included in U.S. Survey No. 4000, Lot 2, township 8N, Range 71W, Seward Meridian, containing 22.98 acres. 3. Environmental liability (a) In general Notwithstanding any other provision of Federal law, the Yukon Kuskokwim Health Corporation shall not be liable for any soil, surface water, groundwater, or other contamination resulting from the disposal, release, or presence of any environmental contamination, including any oil or petroleum products, or any hazardous substances, hazardous materials, hazardous waste, pollutants, toxic substances, solid waste, or any other environmental contamination or hazard as defined in any Federal or State of Alaska law, on any of the property described in section 2. (b) Easement The Secretary shall be accorded any easement or access to the property conveyed under this Act as may be reasonably necessary to satisfy any retained obligations and liability of the Secretary. (c) Notice of hazardous substance activity and warranty In carrying out this Act, the Secretary shall comply with section 120(h)(3) (A) and (B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620(h)(3)(A) ).
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113-hr-5737
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I 113th CONGRESS 2d Session H. R. 5737 IN THE HOUSE OF REPRESENTATIVES November 19, 2014 Mr. Kelly of Pennsylvania (for himself and Mr. McCaul ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To prohibit the National Telecommunications and Information Administration from relinquishing responsibilities with respect to Internet domain name functions unless it certifies that it has received a proposal for such relinquishment that meets certain criteria, and for other purposes.
1. Short title This Act may be cited as the Defending Internet Freedom Act of 2014 . 2. Requirements for NTIA relinquishment of DNS responsibilities (a) In general Unless the Assistant Secretary submits the certification described in subsection (b) to the appropriate congressional committees at least 60 days before the date described in subsection (c)— (1) the Assistant Secretary may not relinquish the responsibilities of the NTIA with respect to Internet domain name functions, including responsibility with respect to the authoritative root zone file, the IANA functions, or the related root zone management functions; (2) if there exists on such date an option to extend the IANA functions contract, the Assistant Secretary shall exercise such option; and (3) if there does not exist on such date an option to extend the IANA functions contract, the Assistant Secretary shall seek to enter into a new contract for the performance of the IANA functions that meets the requirements of subsection (d). (b) Certification described The certification described in this subsection is a written certification that the Assistant Secretary has received a proposal for relinquishing the responsibilities of the NTIA with respect to Internet domain name functions that ensures the following: (1) Control over the management of the Internet domain name system will not be exercised by a governmental or intergovernmental body. (2) The bylaws of ICANN will be amended to provide for the following: (A) No director or officer of ICANN will be selected by or represent a governmental or intergovernmental body. (B) ICANN is prohibited from receiving advice from the Governmental Advisory Committee unless such Committee reaches consensus regarding such advice. For purposes of the preceding sentence, the term consensus means general agreement in the absence of any formal objection. (C) ICANN is committed to upholding freedom of speech, freedom of the press, freedom of assembly, and freedom of association, applying a standard that is at least as protective of such freedoms as is the First Amendment to the Constitution. (D) The term supermajority is defined for purposes of the bylaws of ICANN to mean, with respect to a vote of the board of directors, an affirmative vote by at least four-fifths of all directors. (E) A change in the bylaws of ICANN will require a vote of a supermajority of the board of directors. (F) A change in the fees that ICANN charges for its services will require a vote of a supermajority of the board of directors. (G) The directors, president, secretary, and chief financial officer of ICANN will be subject to removal in a vote of confidence by the board of directors at least once every 3 years and will serve no longer than 9 years in a single position. (H) ICANN will have a simplified, transparent process for selecting its directors under which such selections are linked with key stakeholders in the Internet community. (I) ICANN will have an independent process (such as the process between ICANN and the International Centre for Dispute Resolution for independent review of contested actions of the board of directors of ICANN and under which the Centre serves as a dispute resolution service provider for objections to new generic top-level domain expansions) for resolving disputes between ICANN and external parties in all matters related to the operations of ICANN. (3) ICANN has adopted, if necessary through amendment to its bylaws, measures recommended by the multistakeholder community to increase the transparency of ICANN deliberations and decisions, such as providing public access on the Internet to meetings of the board of directors and associated materials. (4) ICANN will adopt policies and procedures for disclosing to the public records and other information that are at least as protective of public access as the policies and procedures required by section 552 of title 5, United States Code (commonly known as the Freedom of Information Act). The policies and procedures adopted will include a means by which the denial of a request for access to records or other information may be appealed through the independent dispute resolution process described in paragraph (2)(I). (5) There will be established a private, nonprofit corporation, to be known as the IANA Consortium, that is financed and managed by the top-level domain registries and not by ICANN. (6) The IANA Consortium, and not ICANN, will— (A) manage the content of the root zones; (B) select an entity to carry out the editing of the root zone files that— (i) is separate from the IANA Consortium; and (ii) the IANA Consortium is satisfied demonstrates technical competence that is at least equal to that of VeriSign; and (C) oversee the performance of such entity in the editing of the root zone files. (7) There will be established within ICANN a body to be known as the Internet Freedom Panel, which shall be composed of representatives of the Internet community, including registrars, technology groups, and civil society. No member of the Panel will be selected by or represent a governmental or intergovernmental body. (8) The bylaws of ICANN will provide that the Internet Freedom Panel will have the power to review and to veto changes to the domain name system proposed by ICANN that the Panel considers to threaten freedom of expression, the openness, stability, resiliency, or security of the Internet, responsiveness to the user community, or other commitments undertaken by ICANN in the Affirmation of Commitments in effect between the NTIA and ICANN on the date of the enactment of this Act. Any such veto will be final and will not be subject to override by any director or officer of ICANN. (9) The entity selected by the IANA Consortium to carry out the editing of the root zone files in accordance with paragraph (6)(B) will implement a policy decision adopted by ICANN unless the Internet Freedom Panel vetoes such decision. (10) ICANN will remain subject to United States law (including State law) and to the jurisdiction of United States courts (including State courts). (11) The United States Government will be granted ownership of the .gov and .mil top-level domains, and the A and B root servers that manage such top-level domains will be maintained in the United States. (12) ICANN will conduct and publicly release the results of an audit of its operations during its 5 fiscal years preceding the fiscal year in which the proposal is submitted to the Assistant Secretary and demonstrate that its financial and management decisions during such 5 fiscal years have been sound and comport with accepted business practices. (13) An annual audit of ICANN and the IANA Consortium will be performed by an internationally recognized auditing firm that will not have had a contract with ICANN during the 2-year period preceding the audit. The costs of the audit will be paid by ICANN and the IANA Consortium. (14) Neither ICANN nor the IANA Consortium will enter into an agreement or modify an existing agreement to impose on a registrar or registry with which ICANN or the IANA Consortium, as the case may be, conducts business any condition (such as a condition relating to the regulation of content) that is unrelated to ICANN’s core mission of coordinating the global interoperability and uniqueness of domain names. (15) There will be established a joint office of inspector general for ICANN and the IANA Consortium that will be jointly funded by ICANN and the IANA Consortium. Such office shall be headed by an Inspector General that is appointed by the board of directors of ICANN for a non-renewable, fixed term. The Inspector General will be granted full access to ICANN and the IANA Consortium, which will include access to such matters as the finances, documents, and activities of ICANN and the IANA Consortium. (16) The reports of the Inspector General will be made publicly available and will not be subject to approval or editing by ICANN, the IANA Consortium, or the officers or directors of ICANN or the IANA Consortium. (c) Date described The date described in this subsection is the following: (1) During the base period of performance of the IANA functions contract, the date on which the Assistant Secretary must give ICANN preliminary written notice of the intent to exercise the option to extend the contract through the first option period. (2) During the first option period of the IANA functions contract (if the contract is extended through such period), the date on which the Assistant Secretary must give ICANN preliminary written notice of the intent to exercise the option to extend the contract through the second option period. (3) During the second option period of the IANA functions contract (if the contract is extended through such period), the date on which such period expires. (d) Requirements for new contract for performance of IANA functions A contract for the performance of the IANA functions meets the requirements of this subsection if such contract— (1) is between the NTIA and ICANN or another private, nonprofit entity; and (2) provides for each assurance listed in paragraphs (1) through (16) of subsection (b), except that, in the case of a contract with an entity other than ICANN— (A) each assurance listed in such paragraphs with respect to ICANN shall be considered to be an assurance with respect to such entity; and (B) such contract is required to provide for the assurance listed in paragraph (12) of such subsection only with respect to years during which such entity is in existence. (e) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. (2) Assistant Secretary The term Assistant Secretary means the Assistant Secretary of Commerce for Communications and Information. (3) Base period of performance The term base period of performance means, with respect to the IANA functions contract, the period beginning on October 1, 2012, and ending on September 30, 2015. (4) First option period The term first option period means, with respect to the IANA functions contract, the period beginning on October 1, 2015, and ending on September 30, 2017. (5) IANA Consortium The term IANA Consortium means the private, nonprofit corporation established pursuant to subsection (b)(5). (6) IANA functions The term IANA functions means the Internet Assigned Numbers Authority functions. (7) IANA functions contract The term IANA functions contract means the contract that is in effect on the date of the enactment of this Act between the NTIA and ICANN under which ICANN is required to perform the IANA functions. (8) ICANN The term ICANN means the Internet Corporation for Assigned Names and Numbers. (9) Internet Freedom Panel The term Internet Freedom Panel means the body established pursuant to subsection (b)(7). (10) NTIA The term NTIA means the National Telecommunications and Information Administration. (11) Second option period The term second option period means, with respect to the IANA functions contract, the period beginning on October 1, 2017, and ending on September 30, 2019. (12) State The term State means each of the several States, the District of Columbia, each commonwealth, territory, or possession of the United States, and each federally recognized Indian tribe.
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113-hr-5738
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I 113th CONGRESS 2d Session H. R. 5738 IN THE HOUSE OF REPRESENTATIVES November 19, 2014 Mr. Bentivolio introduced the following bill; which was referred to the Committee on Appropriations A BILL Making supplemental appropriations for the Department of Homeland Security for purposes of establishing and maintaining mobile hospital units for responding to an epidemic, and for other purposes.
1. Supplemental appropriation for the Department of Homeland Security to establish mobile hospital units for combating epidemics There is hereby appropriated to the Department of Homeland Security, out of any money in the Treasury not otherwise appropriated, for an additional amount for the purpose to establish and maintain mobile hospital units as a preparation for responding to a possible epidemic, $5,000,000,000, to remain available until expended.
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113-hr-5739
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I 113th CONGRESS 2d Session H. R. 5739 IN THE HOUSE OF REPRESENTATIVES November 19, 2014 Mr. Sam Johnson of Texas (for himself, Mr. Becerra , Mr. Camp , Mr. Levin , Mrs. Black , Mr. Blumenauer , Mr. Buchanan , Mr. Crowley , Mr. Danny K. Davis of Illinois , Mr. Doggett , Mr. Gerlach , Mr. Griffin of Arkansas , Ms. Jenkins , Mr. Kelly of Pennsylvania , Mr. Larson of Connecticut , Mr. Lewis , Mr. Nunes , Mr. Pascrell , Mr. Rangel , Mr. Reichert , Ms. Linda T. Sánchez of California , Mr. Schock , Ms. Schwartz , Mr. Thompson of California , Mr. Tiberi , Mr. Burgess , Ms. Clarke of New York , Mr. Cohen , Mr. Diaz-Balart , Ms. Esty , Mr. Fincher , Ms. Fudge , Mr. Joyce , Mr. Lance , Mr. Smith of Missouri , and Ms. Speier ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Social Security Act to provide for the termination of social security benefits for individuals who participated in Nazi persecution, and for other purposes.
1. Short title This Act may be cited as the No Social Security for Nazis Act . 2. Findings Congress finds the following: (1) Congress enacted social security legislation to provide earned benefits for workers and their families, should they retire, become disabled, or die. (2) Congress never intended for participants in Nazi persecution to be allowed to enter the United States or to reap the benefits of United States residency or citizenship, including participation in the Nation’s Social Security program. 3. Termination of benefits (a) In general Section 202(n)(3) of the Social Security Act ( 42 U.S.C. 402(n)(3) ) is amended to read as follows: (3) For purposes of paragraphs (1) and (2) of this subsection— (A) an individual against whom a final order of removal has been issued under section 237(a)(4)(D) of the Immigration and Nationality Act on grounds of participation in Nazi persecution shall be considered to have been removed under such section as of the date on which such order became final; (B) an individual with respect to whom an order admitting the individual to citizenship has been revoked and set aside under section 340 of the Immigration and Nationality Act in any case in which the revocation and setting aside is based on conduct described in section 212(a)(3)(E)(i) of such Act (relating to participation in Nazi persecution), concealment of a material fact about such conduct, or willful misrepresentation about such conduct shall be considered to have been removed as described in paragraph (1) as of the date of such revocation and setting aside; and (C) an individual who pursuant to a settlement agreement with the Attorney General has admitted to conduct described in section 212(a)(3)(E)(i) of the Immigration and Nationality Act (relating to participation in Nazi persecution) and who pursuant to such settlement agreement has lost status as a national of the United States by a renunciation under section 349(a)(5) of the Immigration and Nationality Act shall be considered to have been removed as described in paragraph (1) as of the date of such renunciation. . (b) Other benefits Section 202(n) of such Act ( 42 U.S.C. 402(n) ) is amended by adding at the end the following: (4) In the case of any individual described in paragraph (3) whose monthly benefits are terminated under paragraph (1)— (A) no benefits otherwise available under section 202 based on the wages and self-employment income of any other individual shall be paid to such individual for any month after such termination; and (B) no supplemental security income benefits under title XVI shall be paid to such individual for any such month, including supplementary payments pursuant to an agreement for Federal administration under section 1616(a) and payments pursuant to an agreement entered into under section 212(b) of Public Law 93–66 . 4. Notifications Section 202(n)(2) of the Social Security Act ( 42 U.S.C. 402(n)(2) ) is amended to read as follows: (2) (A) In the case of the removal of any individual under any of the paragraphs of section 237(a) of the Immigration and Nationality Act (other than under paragraph (1)(C) of such section) or under section 212(a)(6)(A) of such Act, the revocation and setting aside of citizenship of any individual under section 340 of the Immigration and Nationality Act in any case in which the revocation and setting aside is based on conduct described in section 212(a)(3)(E)(i) of such Act (relating to participation in Nazi persecution), or the renunciation of nationality by any individual under section 349(a)(5) of such Act pursuant to a settlement agreement with the Attorney General where the individual has admitted to conduct described in section 212(a)(3)(E)(i) of the Immigration and Nationality Act (relating to participation in Nazi persecution) occurring after the date of the enactment of the No Social Security for Nazis Act, the Attorney General or the Secretary of Homeland Security shall notify the Commissioner of Social Security of such removal, revocation and setting aside, or renunciation of nationality not later than 7 days after such removal, revocation and setting aside, or renunciation of nationality (or, in the case of any such removal, revocation and setting aside, of renunciation of nationality that has occurred prior to the date of the enactment of the No Social Security for Nazis Act, not later than 7 days after such date of enactment). (B) (i) Not later than 30 days after the enactment of the No Social Security for Nazis Act, the Attorney General shall certify to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate that the Commissioner of Social Security has been notified of each removal, revocation and setting aside, or renunciation of nationality described in subparagraph (A). (ii) Not later than 30 days after each notification with respect to an individual under subparagraph (A), the Commissioner of Social Security shall certify to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate that such individual’s benefits were terminated under this subsection. . 5. Effective date The amendments made by this Act shall apply with respect to benefits paid for any month beginning after the date of the enactment of this Act.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5739ih/xml/BILLS-113hr5739ih.xml
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113-hr-5740
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I 113th CONGRESS 2d Session H. R. 5740 IN THE HOUSE OF REPRESENTATIVES November 19, 2014 Mr. Fortenberry introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to increase the maximum age for children eligible for medical care under the CHAMPVA program.
1. Short title This Act may be cited as the Veterans Dependents' Parity Act . 2. Increase of maximum age for children eligible for medical care under CHAMPVA program (a) Increase Subsection (c) of section 1781 of title 38, United States Code, is amended to read as follows: (c) (1) Notwithstanding clauses (i) and (iii) of section 101(4)(A) of this title, for purposes of this section, a child who is eligible for benefits under subsection (a) shall be eligible for benefits under this section until the child’s 26th birthday, regardless of the marital status of the child or whether the child is pursuing a full-time course of instruction at an educational institution. (2) This subsection shall not be construed to limit eligibility for coverage of a child described in section 101(4)(A)(ii) of this title. . (b) Effective date Such subsection, as so amended, shall apply with respect to medical care provided on or after the date of the enactment of this Act.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5740ih/xml/BILLS-113hr5740ih.xml
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113-hr-5741
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I 113th CONGRESS 2d Session H. R. 5741 IN THE HOUSE OF REPRESENTATIVES November 19, 2014 Mr. Holt (for himself, Mr. Larson of Connecticut , Ms. Matsui , Mrs. Napolitano , Ms. Kaptur , Ms. Edwards , Mr. Gene Green of Texas , Ms. Brown of Florida , Ms. Pingree of Maine , Mr. Israel , Mr. Ellison , Mr. Cohen , Mrs. Lowey , Mr. Grijalva , Mrs. McCarthy of New York , Ms. Norton , Mr. Scott of Virginia , Mr. Blumenauer , Mr. Serrano , Mr. Schiff , Mr. Waxman , Mr. Sarbanes , Mr. McDermott , Mrs. Beatty , Mr. Capuano , Mr. Richmond , Ms. Lee of California , Ms. McCollum , Mr. Honda , Mr. Cummings , Mr. O’Rourke , Mr. Garamendi , Mr. Meeks , Mr. Pocan , Mr. Tonko , Mr. Hastings of Florida , Mr. Rangel , Ms. Wasserman Schultz , Mr. Moran , Mr. Larsen of Washington , Mr. Johnson of Georgia , Mr. Polis , and Ms. DeGette ) introduced the following bill; which was referred to the Committee on House Administration , and in addition to the Committee on Science, Space, and Technology , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Help America Vote Act of 2002 to require a voter-verified permanent paper ballot under title III of such Act, and for other purposes.
1. Short title; Table of Contents (a) Short Title This Act may be cited as the Voter Confidence and Increased Accessibility Act of 2014 . (b) Table of Contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Title I—Promoting Accuracy, Integrity, and Security Through Voter-verified Permanent Paper Ballot Sec. 101. Paper ballot and manual counting requirements. Sec. 102. Accessibility and ballot verification for individuals with disabilities. Sec. 103. Additional voting system requirements. Sec. 104. Availability of additional funding to enable States to meet costs of revised requirements. Sec. 105. Effective date for new requirements. Title II—Enhancement of Enforcement Sec. 201. Enhancement of enforcement of Help America Vote Act of 2002. Title III—Requirement for Mandatory Manual Audits by Hand Count Sec. 301. Mandatory manual audits. Sec. 321. Requiring audits of results of elections. Sec. 322. Number of ballots counted under audit. Sec. 323. Process for administering audits. Sec. 324. Selection of precincts. Sec. 325. Publication of results. Sec. 326. Payments to States. Sec. 327. Exception for elections subject to recount under State law prior to certification. Sec. 328. Effective date. Sec. 302. Availability of enforcement under Help America Vote Act of 2002. Sec. 303. Guidance on best practices for alternative audit mechanisms. Sec. 304. Clerical amendment. Title IV—Repeal of Exemption of Election Assistance Commission From Certain Government Contracting Requirements Sec. 401. Repeal of exemption of Election Assistance Commission from certain government contracting requirements. Title V—Effective Date Sec. 501. Effective date. I Promoting accuracy, integrity, and security through voter-verified permanent paper ballot 101. Paper Ballot and Manual Counting Requirements (a) In general Section 301(a)(2) of the Help America Vote Act of 2002 ( 42 U.S.C. 15481(a)(2) ) is amended to read as follows: (2) Paper ballot requirement (A) Voter-verified paper ballots (i) Paper ballot requirement (I) The voting system shall require the use of an individual, durable, voter-verified, paper ballot of the voter’s vote that shall be marked and made available for inspection and verification by the voter before the voter’s vote is cast and counted, and which shall be counted by hand or read by an optical scanner or other counting device. For purposes of this subclause, the term individual, durable, voter-verified, paper ballot means a paper ballot marked by the voter by hand or a paper ballot marked through the use of a nontabulating ballot marking device or system, so long as the voter shall have the option to mark his or her ballot by hand. (II) The voting system shall provide the voter with an opportunity to correct any error on the paper ballot before the permanent voter-verified paper ballot is preserved in accordance with clause (ii). (III) The voting system shall not preserve the voter-verified paper ballots in any manner that makes it possible, at any time after the ballot has been cast, to associate a voter with the record of the voter’s vote without the voter’s consent. (ii) Preservation as official record The individual, durable, voter-verified, paper ballot used in accordance with clause (i) shall constitute the official ballot and shall be preserved and used as the official ballot for purposes of any recount or audit conducted with respect to any election for Federal office in which the voting system is used. (iii) Manual counting requirements for recounts and audits (I) Each paper ballot used pursuant to clause (i) shall be suitable for a manual audit, and shall be counted by hand in any recount or audit conducted with respect to any election for Federal office. (II) In the event of any inconsistencies or irregularities between any electronic vote tallies and the vote tallies determined by counting by hand the individual, durable, voter-verified, paper ballots used pursuant to clause (i), and subject to subparagraph (B), the individual, durable, voter-verified, paper ballots shall be the true and correct record of the votes cast. (iv) Application to all ballots The requirements of this subparagraph shall apply to all ballots cast in elections for Federal office, including ballots cast by absent uniformed services voters and overseas voters under the Uniformed and Overseas Citizens Absentee Voting Act and other absentee voters. (B) Special rule for treatment of disputes when paper ballots have been shown to be compromised (i) In general In the event that— (I) there is any inconsistency between any electronic vote tallies and the vote tallies determined by counting by hand the individual, durable, voter-verified, paper ballots used pursuant to subparagraph (A)(i) with respect to any election for Federal office; and (II) it is demonstrated by clear and convincing evidence (as determined in accordance with the applicable standards in the jurisdiction involved) in any recount, audit, or contest of the result of the election that the paper ballots have been compromised (by damage or mischief or otherwise) and that a sufficient number of the ballots have been so compromised that the result of the election could be changed, the determination of the appropriate remedy with respect to the election shall be made in accordance with applicable State law, except that the electronic tally shall not be used as the exclusive basis for determining the official certified result. (ii) Rule for consideration of ballots associated with each voting machine For purposes of clause (i), only the paper ballots deemed compromised, if any, shall be considered in the calculation of whether or not the result of the election could be changed due to the compromised paper ballots. . (b) Conforming amendment clarifying applicability of alternative language accessibility Section 301(a)(4) of such Act ( 42 U.S.C. 15481(a)(4) ) is amended by inserting (including the paper ballots required to be used under paragraph (2)) after voting system . (c) Other conforming amendments Section 301(a)(1) of such Act ( 42 U.S.C. 15481(a)(1) ) is amended— (1) in subparagraph (A)(i), by striking counted and inserting counted, in accordance with paragraphs (2) and (3) ; (2) in subparagraph (A)(ii), by striking counted and inserting counted, in accordance with paragraphs (2) and (3) ; (3) in subparagraph (A)(iii), by striking counted each place it appears and inserting counted, in accordance with paragraphs (2) and (3) ; and (4) in subparagraph (B)(ii), by striking counted and inserting counted, in accordance with paragraphs (2) and (3) . 102. Accessibility and Ballot Verification for Individuals With Disabilities (a) In general Section 301(a)(3)(B) of the Help America Vote Act of 2002 ( 42 U.S.C. 15481(a)(3)(B) ) is amended to read as follows: (B) (i) satisfy the requirement of subparagraph (A) through the use of at least one voting system equipped for individuals with disabilities, including nonvisual and enhanced visual accessibility for the blind and visually impaired, and nonmanual and enhanced manual accessibility for the mobility and dexterity impaired, at each polling place; and (ii) meet the requirements of subparagraph (A) and paragraph (2)(A) by using a system that— (I) allows the voter to privately and independently verify the permanent paper ballot through the presentation, in accessible form, of the printed or marked vote selections from the same printed or marked information that would be used for any vote counting or auditing; and (II) allows the voter to privately and independently verify and cast the permanent paper ballot without requiring the voter to manually handle the paper ballot; and . (b) Specific requirement of study, testing, and development of accessible paper ballot verification mechanisms (1) Study and reporting Subtitle C of title II of such Act ( 42 U.S.C. 15381 et seq. ) is amended— (A) by redesignating section 247 as section 248; and (B) by inserting after section 246 the following new section: 247. Study and report on accessible paper ballot verification mechanisms (a) Study and Report The Director of the National Science Foundation shall make grants to not fewer than 3 eligible entities to study, test, and develop accessible paper ballot voting, verification, and casting mechanisms and devices and best practices to enhance the accessibility of paper ballot voting and verification mechanisms for individuals with disabilities, for voters whose primary language is not English, and for voters with difficulties in literacy, including best practices for the mechanisms themselves and the processes through which the mechanisms are used. (b) Eligibility An entity is eligible to receive a grant under this part if it submits to the Director (at such time and in such form as the Director may require) an application containing— (1) certifications that the entity shall specifically investigate enhanced methods or devices, including non-electronic devices, that will assist such individuals and voters in marking voter-verified paper ballots and presenting or transmitting the information printed or marked on such ballots back to such individuals and voters, and casting such ballots; (2) a certification that the entity shall complete the activities carried out with the grant not later than December 31, 2016; and (3) such other information and certifications as the Director may require. (c) Availability of Technology Any technology developed with the grants made under this section shall be treated as non-proprietary and shall be made available to the public, including to manufacturers of voting systems. (d) Coordination With Grants for Technology Improvements The Director shall carry out this section so that the activities carried out with the grants made under subsection (a) are coordinated with the research conducted under the grant program carried out by the Commission under section 271, to the extent that the Director and Commission determine necessary to provide for the advancement of accessible voting technology. (e) Authorization of Appropriations There are authorized to be appropriated to carry out subsection (a) $5,000,000, to remain available until expended. . (2) Clerical amendment The table of contents of such Act is amended— (A) by redesignating the item relating to section 247 as relating to section 248; and (B) by inserting after the item relating to section 246 the following new item: Sec. 247. Study and report on accessible paper ballot verification mechanisms. . (c) Clarification of accessibility standards under voluntary voting system guidance In adopting any voluntary guidance under subtitle B of title III of the Help America Vote Act with respect to the accessibility of the paper ballot verification requirements for individuals with disabilities, the Election Assistance Commission shall include and apply the same accessibility standards applicable under the voluntary guidance adopted for accessible voting systems under such subtitle. (d) Permitting Use of Funds for Protection and Advocacy Systems To Support Actions To Enforce Election-Related Disability Access Section 292(a) of the Help America Vote Act of 2002 ( 42 U.S.C. 15462(a) ) is amended by striking ; except that and all that follows and inserting a period. 103. Additional Voting System Requirements (a) Requirements described Section 301(a) of the Help America Vote Act of 2002 ( 42 U.S.C. 15481(a) ) is amended by adding at the end the following new paragraphs: (7) Prohibiting use of uncertified election-dedicated voting system technologies; disclosure requirements (A) In general A voting system used in an election for Federal office in a State may not at any time during the election contain or use any election-dedicated voting system technology— (i) which has not been certified by the State for use in the election; and (ii) which has not been deposited with an accredited laboratory described in section 231 to be held in escrow and disclosed in accordance with this section. (B) Requirement for disclosure and limitation on restricting disclosure An accredited laboratory under section 231 with whom an election-dedicated voting system technology has been deposited shall— (i) hold the technology in escrow; and (ii) disclose technology and information regarding the technology to another person if— (I) the person is a qualified person described in subparagraph (C) who has entered into a nondisclosure agreement with respect to the technology which meets the requirements of subparagraph (D); or (II) the laboratory is permitted or required to disclose the technology to the person under State law, in accordance with the terms and conditions applicable under such law. (C) Qualified persons described With respect to the disclosure of election-dedicated voting system technology by a laboratory under subparagraph (B)(ii)(I), a qualified person is any of the following: (i) A governmental entity with responsibility for the administration of voting and election-related matters for purposes of reviewing, analyzing, or reporting on the technology. (ii) A party to pre- or post-election litigation challenging the result of an election or the administration or use of the technology used in an election, including but not limited to election contests or challenges to the certification of the technology, or an expert for a party to such litigation, for purposes of reviewing or analyzing the technology to support or oppose the litigation, and all parties to the litigation shall have access to the technology for such purposes. (iii) A person not described in clause (i) or (ii) who reviews, analyzes, or reports on the technology solely for an academic, scientific, technological, or other investigation or inquiry concerning the accuracy or integrity of the technology. (D) Requirements for nondisclosure agreements A nondisclosure agreement entered into with respect to an election-dedicated voting system technology meets the requirements of this subparagraph if the agreement— (i) is limited in scope to coverage of the technology disclosed under subparagraph (B) and any trade secrets and intellectual property rights related thereto; (ii) does not prohibit a signatory from entering into other nondisclosure agreements to review other technologies under this paragraph; (iii) exempts from coverage any information the signatory lawfully obtained from another source or any information in the public domain; (iv) remains in effect for not longer than the life of any trade secret or other intellectual property right related thereto; (v) prohibits the use of injunctions barring a signatory from carrying out any activity authorized under subparagraph (C), including injunctions limited to the period prior to a trial involving the technology; (vi) is silent as to damages awarded for breach of the agreement, other than a reference to damages available under applicable law; (vii) allows disclosure of evidence of crime, including in response to a subpoena or warrant; (viii) allows the signatory to perform analyses on the technology (including by executing the technology), disclose reports and analyses that describe operational issues pertaining to the technology (including vulnerabilities to tampering, errors, risks associated with use, failures as a result of use, and other problems), and describe or explain why or how a voting system failed or otherwise did not perform as intended; and (ix) provides that the agreement shall be governed by the trade secret laws of the applicable State. (E) Election-dedicated voting system technology defined For purposes of this paragraph: (i) In general The term election-dedicated voting system technology means the following: (I) The source code used for the trusted build and its file signatures. (II) A complete disk image of the pre-build, build environment, and any file signatures to validate that it is unmodified. (III) A complete disk image of the post-build, build environment, and any file signatures to validate that it is unmodified. (IV) All executable code produced by the trusted build and any file signatures to validate that it is unmodified. (V) Installation devices and software file signatures. (ii) Exclusion Such term does not include commercial-off-the-shelf software and hardware defined under the 2005 voluntary voting system guidelines adopted by the Commission under section 222. (8) Prohibition of use of wireless communications devices in systems or devices No system or device upon which ballots are programmed or votes are cast or tabulated shall contain, use, or be accessible by any wireless, power-line, or concealed communication device, except that enclosed infrared communications devices which are certified for use in such device by the State and which cannot be used for any remote or wide area communications or used without the knowledge of poll workers shall be permitted. (9) Prohibiting connection of system to the internet (A) In general No system or device upon which ballots are programmed or votes are cast or tabulated shall be connected to the Internet at any time. (B) Rule of construction Nothing contained in this paragraph shall be deemed to prohibit the Commission from conducting the studies under section 242 or to conduct other similar studies under any other provision of law in a manner consistent with this paragraph. (10) Security standards for voting systems used in Federal elections (A) In general No voting system may be used in an election for Federal office unless the manufacturer of such system and the election officials using such system meet the applicable requirements described in subparagraph (B). (B) Requirements described The requirements described in this subparagraph are as follows: (i) The manufacturer and the election officials shall document the secure chain of custody for the handling of all software, hardware, vote storage media, blank ballots, and completed ballots used in connection with voting systems, and shall make the information available upon request to the Commission. (ii) The manufacturer shall disclose to an accredited laboratory under section 231 and to the appropriate election official any information required to be disclosed under paragraph (7). (iii) After the appropriate election official has certified the election-dedicated and other voting system software for use in an election, the manufacturer may not— (I) alter such software; or (II) insert or use in the voting system any software, software patch, or other software modification not certified by the State for use in the election. (iv) At the request of the Commission— (I) the appropriate election official shall submit information to the Commission regarding the State’s compliance with this subparagraph; and (II) the manufacturer shall submit information to the Commission regarding the manufacturer’s compliance with this subparagraph. (C) Development and publication of best practices of secure chain of custody Not later than August 1, 2015, the Commission shall develop and make publicly available best practices regarding the requirement of subparagraph (B)(i) and (B)(iii), and in the case of subparagraph (B)(iii), shall include best practices for certifying software patches and minor software modifications under short deadlines. (D) Disclosure of secure chain of custody The Commission shall make information provided to the Commission under subparagraph (B)(i) available to any person upon request. (11) Durability and readability requirements for ballots (A) Durability requirements for paper ballots (i) In general All voter-verified paper ballots required to be used under this Act shall be marked or printed on durable paper. (ii) Definition For purposes of this Act, paper is durable if it is capable of withstanding multiple counts and recounts by hand without compromising the fundamental integrity of the ballots, and capable of retaining the information marked or printed on them for the full duration of a retention and preservation period of 22 months. (B) Readability requirements for paper ballots marked by ballot marking device All voter-verified paper ballots completed by the voter through the use of a ballot marking device shall be clearly readable by the voter without assistance (other than eyeglasses or other personal vision enhancing devices) and by a scanner or other device equipped for individuals with disabilities. . (b) Requiring laboratories To meet standards prohibiting conflicts of interest as condition of accreditation for testing of voting system hardware and software (1) In general Section 231(b) of such Act ( 42 U.S.C. 15371(b) ) is amended by adding at the end the following new paragraphs: (3) Prohibiting conflicts of interest; ensuring availability of results (A) In general A laboratory may not be accredited by the Commission for purposes of this section unless— (i) the laboratory certifies that the only compensation it receives for the testing carried out in connection with the certification, decertification, and recertification of the manufacturer’s voting system hardware and software is the payment made from the Testing Escrow Account under paragraph (4); (ii) the laboratory meets such standards as the Commission shall establish (after notice and opportunity for public comment) to prevent the existence or appearance of any conflict of interest in the testing carried out by the laboratory under this section, including standards to ensure that the laboratory does not have a financial interest in the manufacture, sale, and distribution of voting system hardware and software, and is sufficiently independent from other persons with such an interest; (iii) the laboratory certifies that it will permit an expert designated by the Commission or by the State requiring certification of the system being tested to observe any testing the laboratory carries out under this section; and (iv) the laboratory, upon completion of any testing carried out under this section, discloses the test protocols, results, and all communication between the laboratory and the manufacturer to the Commission. (B) Availability of results Upon receipt of information under subparagraph (A), the Commission shall make the information available promptly to election officials and the public. (4) Procedures for conducting testing; payment of user fees for compensation of accredited laboratories (A) Establishment of escrow account The Commission shall establish an escrow account (to be known as the Testing Escrow Account ) for making payments to accredited laboratories for the costs of the testing carried out in connection with the certification, decertification, and recertification of voting system hardware and software. (B) Schedule of fees In consultation with the accredited laboratories, the Commission shall establish and regularly update a schedule of fees for the testing carried out in connection with the certification, decertification, and recertification of voting system hardware and software, based on the reasonable costs expected to be incurred by the accredited laboratories in carrying out the testing for various types of hardware and software. (C) Requests and payments by manufacturers A manufacturer of voting system hardware and software may not have the hardware or software tested by an accredited laboratory under this section unless— (i) the manufacturer submits a detailed request for the testing to the Commission; and (ii) the manufacturer pays to the Commission, for deposit into the Testing Escrow Account established under subparagraph (A), the applicable fee under the schedule established and in effect under subparagraph (B). (D) Selection of laboratory Upon receiving a request for testing and the payment from a manufacturer required under subparagraph (C), the Commission shall select, from all laboratories which are accredited under this section to carry out the specific testing requested by the manufacturer, an accredited laboratory to carry out the testing. (E) Payments to laboratories Upon receiving a certification from a laboratory selected to carry out testing pursuant to subparagraph (D) that the testing is completed, along with a copy of the results of the test as required under paragraph (3)(A)(iv), the Commission shall make a payment to the laboratory from the Testing Escrow Account established under subparagraph (A) in an amount equal to the applicable fee paid by the manufacturer under subparagraph (C)(ii). (5) Dissemination of additional information on accredited laboratories (A) Information on testing Upon completion of the testing of a voting system under this section, the Commission shall promptly disseminate to the public the identification of the laboratory which carried out the testing. (B) Information on status of laboratories The Commission shall promptly notify Congress, the chief State election official of each State, and the public whenever— (i) the Commission revokes, terminates, or suspends the accreditation of a laboratory under this section; (ii) the Commission restores the accreditation of a laboratory under this section which has been revoked, terminated, or suspended; or (iii) the Commission has credible evidence of significant security failure at an accredited laboratory. . (2) Conforming amendments Section 231 of such Act ( 42 U.S.C. 15371 ) is further amended— (A) in subsection (a)(1), by striking testing, certification, and all that follows and inserting the following: testing of voting system hardware and software by accredited laboratories in connection with the certification, decertification, and recertification of the hardware and software for purposes of this Act. ; (B) in subsection (a)(2), by striking testing, certification, and all that follows and inserting the following: testing of its voting system hardware and software by the laboratories accredited by the Commission under this section in connection with certifying, decertifying, and recertifying the hardware and software. ; (C) in subsection (b)(1), by striking testing, certification, decertification, and recertification and inserting testing ; and (D) in subsection (d), by striking testing, certification, decertification, and recertification each place it appears and inserting testing . (3) Deadline for establishment of standards, escrow account, and schedule of fees The Election Assistance Commission shall establish the standards described in section 231(b)(3) of the Help America Vote Act of 2002 and the Testing Escrow Account and schedule of fees described in section 231(b)(4) of such Act (as added by paragraph (1)) not later than January 1, 2015. (4) Authorization of appropriations There are authorized to be appropriated to the Election Assistance Commission such sums as may be necessary to carry out the Commission’s duties under paragraphs (3) and (4) of section 231 of the Help America Vote Act of 2002 (as added by paragraph (1)). (c) Grants for research on development of election-Dedicated voting system software (1) In general Subtitle D of title II of the Help America Vote Act of 2002 ( 42 U.S.C. 15401 et seq. ) is amended by adding at the end the following new part: 7 Grants for research on development of election-Dedicated voting system software 297. Grants for research on development of election-dedicated voting system software (a) In General The Director of the National Science Foundation (hereafter in this part referred to as the Director ) shall make grants to not fewer than 3 eligible entities to conduct research on the development of election-dedicated voting system software. (b) Eligibility An entity is eligible to receive a grant under this part if it submits to the Director (at such time and in such form as the Director may require) an application containing— (1) certifications regarding the benefits of operating voting systems on election-dedicated software which is easily understandable and which is written exclusively for the purpose of conducting elections; (2) certifications that the entity will use the funds provided under the grant to carry out research on how to develop voting systems that run on election-dedicated software and that will meet the applicable requirements for voting systems under title III; and (3) such other information and certifications as the Director may require. (c) Availability of Technology Any technology developed with the grants made under this section shall be treated as non-proprietary and shall be made available to the public, including to manufacturers of voting systems. (d) Authorization of Appropriations There are authorized to be appropriated for grants under this section $1,500,000 for each of fiscal years 2015 and 2016, to remain available until expended. . (2) Clerical amendment The table of contents of such Act is amended by adding at the end of the items relating to subtitle D of title II the following: Part 7—Grants for research on development of election-Dedicated voting system software Sec. 297. Grants for research on development of election-dedicated voting system software. . 104. Availability of Additional Funding To Enable States To Meet Costs of Revised Requirements (a) Extension of requirements payments for meeting revised requirements Section 257(a) of the Help America Vote Act of 2002 ( 42 U.S.C. 15407(a) ) is amended by adding at the end the following new paragraph: (5) For fiscal year 2015, the sum of— (A) $1,000,000,000, except that any funds provided under the authorization made by this subparagraph shall be used by a State only to meet the requirements of title III which are first imposed on the State pursuant to the amendments made by title I of the Voter Confidence and Increased Accessibility Act of 2014, or to otherwise modify or replace its voting systems in response to such amendments; plus (B) such sums as may be necessary to enable States to carry out the activities described in subparagraph (A) with respect to requirements which first apply to the regularly scheduled general election for Federal office held in November 2019, except that any funds provided under the authorization made by this subparagraph shall be used by a State only for carrying out these activities. . (b) Use of revised formula for allocation of funds Section 252(b) of such Act ( 42 U.S.C. 15402(b) ) is amended to read as follows: (b) State Allocation Percentage Defined (1) In general Except as provided in paragraph (2), the State allocation percentage for a State is the amount (expressed as a percentage) equal to the quotient of— (A) the voting age population of the State (as reported in the most recent decennial census); and (B) the total voting age population of all States (as reported in the most recent decennial census). (2) Special rule for payments used to meet requirements imposed under Voter Confidence and Increased Accessibility Act of 2014 (A) In general In the case of the requirements payment made to a State under the authorization made by section 257(a)(5) for fiscal year 2015 or any fiscal year thereafter, the State allocation percentage for a State is the amount (expressed as a percentage) equal to the quotient of— (i) the sum of the number of noncompliant precincts in the State and 50 percent of the number of partially noncompliant precincts in the State; and (ii) the sum of the number of noncompliant precincts in all States and 50 percent of the number of partially noncompliant precincts in all States. (B) Noncompliant precinct defined In this paragraph, a noncompliant precinct means any precinct (or equivalent location) within a State for which the voting system used to administer the regularly scheduled general election for Federal office held in November 2012 did not meet either of the requirements described in subparagraph (D). (C) Partially noncompliant precinct defined In this paragraph, a partially noncompliant precinct means any precinct (or equivalent location) within a State for which the voting system used to administer the regularly scheduled general election for Federal office held in November 2012 met only one of the requirements described in subparagraph (D). (D) Requirements described The requirements described in this subparagraph with respect to a voting system are as follows: (i) The primary voting system required the use of durable paper ballots (as described in section 301(a)(2)(A)(i)(I) and 301(a)(11)(A), as amended or added by the Voter Confidence and Increased Accessibility Act of 2014) for every vote cast. (ii) The voting system allowed the voter to privately and independently verify the permanent paper ballot through the presentation of the same printed or marked information used for vote counting and auditing and to privately and independently cast the permanent paper ballot without handling the ballot manually. . (c) Revised conditions for receipt of funds Section 253 of such Act ( 42 U.S.C. 15403 ) is amended— (1) in subsection (a), by striking A State is eligible and inserting Except as provided in subsection (f), a State is eligible ; and (2) by adding at the end the following new subsection: (f) Special Rule for Payments Used To Meet Requirements Imposed Under Voter Confidence and Increased Accessibility Act of 2014 (1) In general Notwithstanding any other provision of this part, a State is eligible to receive a requirements payment under the authorization made by section 257(a)(5) for fiscal year 2015 or any fiscal year thereafter if, not later than 90 days after the date of the enactment of the Voter Confidence and Increased Accessibility Act of 2014, the chief executive officer of the State, or designee, in consultation and coordination with the chief State election official— (A) certifies to the Commission the number of noncompliant and partially noncompliant precincts in the State (as defined in section 252(b)(2)); (B) certifies to the Commission that the State will reimburse each unit of local government in the State for any costs the unit incurs in carrying out the activities for which the payment may be used; and (C) files a statement with the Commission describing the State’s need for the payment and how the State will use the payment to meet the requirements of title III (in accordance with the limitations applicable to the use of the payment under section 257(a)(5)). (2) Certifications by States that require changes to State law In the case of a State that requires State legislation to carry out any activity covered by any certification submitted under this subsection, the State shall be permitted to make the certification notwithstanding that the legislation has not been enacted at the time the certification is submitted and such State shall submit an additional certification once such legislation is enacted. . (d) Permitting use of funds for reimbursement for costs previously incurred Section 251(c)(1) of such Act ( 42 U.S.C. 15401(c)(1) ) is amended by striking the period at the end and inserting the following: , or as a reimbursement for any costs incurred after November 2004 in meeting the requirements of title III which are imposed pursuant to the amendments made by title I of the Voter Confidence and Increased Accessibility Act of 2014 or in otherwise upgrading or replacing voting systems in a manner consistent with such amendments (so long as the voting systems meet any of the requirements that apply with respect to elections for Federal office held in 2019 and each succeeding year). . (e) Rule of construction regarding States receiving other funds for replacing punch card, lever, or other voting machines Nothing in the amendments made by this section or in any other provision of the Help America Vote Act of 2002 may be construed to prohibit a State which received or was authorized to receive a payment under title I or II of such Act for replacing punch card, lever, or other voting machines from receiving or using any funds which are made available under the amendments made by this section. (f) Rule of construction regarding use of funds received in prior years (1) In general Nothing contained in this Act or the Help America Vote Act of 2002 may be construed to prohibit a State from using funds received under title I or II of the Help America Vote Act of 2002 to purchase or acquire by other means a voting system that meets the requirements of paragraphs (2) and (3) of section 301 of the Help America Vote Act of 2002 (as amended by this Act) in order to replace voting systems purchased with funds received under the Help America Vote Act of 2002 that do not meet such requirements. (2) Waiver of notice and comment requirements The requirements of subparagraphs (A), (B), and (C) of section 254(a)(11) of the Help America Vote Act of 2002 shall not apply to any State using funds received under such Act for the purposes described in subparagraph (A) or (B) of paragraph (1). (g) Effective date The amendments made by this section shall apply with respect to fiscal years beginning with fiscal year 2015. 105. Effective Date For New Requirements Section 301(d) of the Help America Vote Act of 2002 ( 42 U.S.C. 15481(d) ) is amended to read as follows: (d) Effective Date (1) In general Except as provided in paragraph (2), each State and jurisdiction shall be required to comply with the requirements of this section on and after January 1, 2006. (2) Special rule for certain requirements (A) In general Except as provided in subparagraphs (B) and (C), the requirements of this section which are first imposed on a State and jurisdiction pursuant to the amendments made by title I of the Voter Confidence and Increased Accessibility Act of 2014 shall apply with respect to voting systems used for the regularly scheduled general election for Federal office held in November 2016 and each succeeding election for Federal office. (B) Delay for jurisdictions using certain paper record printers or certain systems using or producing voter-verifiable paper records in 2012 (i) Delay In the case of a jurisdiction described in clause (ii), subparagraph (A) shall apply to a voting system in the jurisdiction as if the reference in such subparagraph to the regularly scheduled general election for Federal office held in November 2016 and each succeeding election for Federal office were a reference to elections for Federal office occurring during 2018 and each succeeding year , but only with respect to the following requirements of this section: (I) Paragraph (2)(A)(i)(I) of subsection (a) (relating to the use of voter-marked paper ballots). (II) Paragraph (3)(B)(ii) (I) and (II) of subsection (a) (relating to access to verification from and casting of the durable paper ballot). (III) Paragraph (11) of subsection (a) (relating to durability and readability requirements for ballots). (ii) Jurisdictions described A jurisdiction described in this clause is a jurisdiction— (I) which used voter verifiable paper record printers attached to direct recording electronic voting machines, or which used other voting systems that used or produced paper records of the vote verifiable by voters but that are not in compliance with paragraphs (2)(A)(i)(I), (3)(B)(ii) (I) and (II), and (11) of subsection (a) (as amended or added by the Voter Confidence and Increased Accessibility Act of 2014), for the administration of the regularly scheduled general election for Federal office held in November 2012; and (II) which will continue to use such printers or systems for the administration of elections for Federal office held in years before 2018. (iii) Mandatory availability of paper ballots at polling places using grandfathered printers and systems (I) Requiring ballots to be offered and provided The appropriate election official at each polling place that uses a printer or system described in clause (ii)(I) for the administration of elections for Federal office shall offer each individual who is eligible to cast a vote in the election at the polling place the opportunity to cast the vote using a blank pre-printed paper ballot which the individual may mark by hand and which is not produced by the direct recording electronic voting machine or other such system. The official shall provide the individual with the ballot and the supplies necessary to mark the ballot, and shall ensure (to the greatest extent practicable) that the waiting period for the individual to cast a vote is the lesser of 30 minutes or the average waiting period for an individual who does not agree to cast the vote using such a paper ballot under this clause. (II) Treatment of ballot Any paper ballot which is cast by an individual under this clause shall be counted and otherwise treated as a regular ballot for all purposes (including by incorporating it into the final unofficial vote count (as defined by the State) for the precinct) and not as a provisional ballot, unless the individual casting the ballot would have otherwise been required to cast a provisional ballot. (III) Posting of notice The appropriate election official shall ensure there is prominently displayed at each polling place a notice that describes the obligation of the official to offer individuals the opportunity to cast votes using a pre-printed blank paper ballot. (IV) Training of election officials The chief State election official shall ensure that election officials at polling places in the State are aware of the requirements of this clause, including the requirement to display a notice under subclause (III), and are aware that it is a violation of the requirements of this title for an election official to fail to offer an individual the opportunity to cast a vote using a blank pre-printed paper ballot. (V) Period of applicability The requirements of this clause apply only during the period in which the delay is in effect under clause (i). (C) Special rule for jurisdictions using certain nontabulating ballot marking devices In the case of a jurisdiction which uses a nontabulating ballot marking device which automatically deposits the ballot into a privacy sleeve, subparagraph (A) shall apply to a voting system in the jurisdiction as if the reference in such subparagraph to the regularly scheduled general election for Federal office held in November 2016 and each succeeding election for Federal office were a reference to elections for Federal office occurring during 2018 and each succeeding year , but only with respect to paragraph (3)(B)(ii)(II) of subsection (a) (relating to nonmanual casting of the durable paper ballot). . II Enhancement of Enforcement 201. Enhancement of enforcement of Help America Vote Act of 2002 Section 401 of the Help America Vote Act of 2002 ( 42 U.S.C. 15511 ) is amended— (1) by striking The Attorney General and inserting (a) In General.— The Attorney General ; and (2) by adding at the end the following new subsections: (b) Filing of Complaints by Aggrieved Persons (1) In general A person who is aggrieved by a violation of section 301, 302, or 303 which has occurred, is occurring, or is about to occur may file a written, signed, notarized complaint with the Attorney General describing the violation and requesting the Attorney General to take appropriate action under this section. The Attorney General shall immediately provide a copy of a complaint filed under the previous sentence to the entity responsible for administering the State-based administrative complaint procedures described in section 402(a) for the State involved. (2) Response by Attorney General The Attorney General shall respond to each complaint filed under paragraph (1), in accordance with procedures established by the Attorney General that require responses and determinations to be made within the same (or shorter) deadlines which apply to a State under the State-based administrative complaint procedures described in section 402(a)(2). The Attorney General shall immediately provide a copy of the response made under the previous sentence to the entity responsible for administering the State-based administrative complaint procedures described in section 402(a) for the State involved. (c) Availability of private right of action Any person who is authorized to file a complaint under subsection (b)(1) (including any individual who seeks to enforce the individual’s right to a voter-verified paper ballot, the right to have the voter-verified paper ballot counted in accordance with this Act, or any other right under subtitle A of title III) may file an action under section 1979 of the Revised Statutes of the United States ( 42 U.S.C. 1983 ) to enforce the uniform and nondiscriminatory election technology and administration requirements under sections 301, 302, and 303. (d) No effect on State procedures Nothing in this section may be construed to affect the availability of the State-based administrative complaint procedures required under section 402 to any person filing a complaint under this subsection. . III Requirement for mandatory manual audits by hand count 301. Mandatory Manual Audits Title III of the Help America Vote Act of 2002 ( 42 U.S.C. 15481 et seq. ) is amended by adding at the end the following new subtitle: C Mandatory manual audits 321. Requiring audits of results of elections (a) Requiring Audits (1) In general In accordance with this subtitle, each State shall administer, without advance notice to the precincts or alternative audit units selected, audits of the results of all elections for Federal office held in the State (and, at the option of the State or jurisdiction involved, of elections for State and local office held at the same time as such election) consisting of random hand counts of the voter-verified paper ballots required to be used and preserved pursuant to section 301(a)(2). (2) Exception for certain elections A State shall not be required to administer an audit of the results of an election for Federal office under this subtitle if the winning candidate in the election— (A) had no opposition on the ballot; or (B) received 80 percent or more of the total number of votes cast in the election, as determined on the basis of the final unofficial vote count. (b) Determination of Entity Conducting Audits; Application of GAO Independence Standards The State shall administer audits under this subtitle through an entity selected for such purpose by the State in accordance with such criteria as the State considers appropriate consistent with the requirements of this subtitle, except that the entity must meet the general standards established by the Comptroller General and as set forth in the Comptroller General’s Government Auditing Standards to ensure the independence (including, except as provided under section 323(b), the organizational independence) of entities performing financial audits, attestation engagements, and performance audits. (c) References to Election Auditor In this subtitle, the term Election Auditor means, with respect to a State, the entity selected by the State under subsection (b). 322. Number of ballots counted under audit (a) In General Except as provided in subsection (b), the number of voter-verified paper ballots which will be subject to a hand count administered by the Election Auditor of a State under this subtitle with respect to an election shall be determined as follows: (1) In the event that the unofficial count as described in section 323(a)(1) reveals that the margin of victory between the two candidates receiving the largest number of votes in the election is less than 1 percent of the total votes cast in that election, the hand counts of the voter-verified paper ballots shall occur in at least 10 percent of all precincts or equivalent locations (or alternative audit units used in accordance with the method provided for under subsection (b)) in the Congressional district involved (in the case of an election for the House of Representatives) or the State (in the case of any other election for Federal office). (2) In the event that the unofficial count as described in section 323(a)(1) reveals that the margin of victory between the two candidates receiving the largest number of votes in the election is greater than or equal to 1 percent but less than 2 percent of the total votes cast in that election, the hand counts of the voter-verified paper ballots shall occur in at least 5 percent of all precincts or equivalent locations (or alternative audit units used in accordance with the method provided for under subsection (b)) in the Congressional district involved (in the case of an election for the House of Representatives) or the State (in the case of any other election for Federal office). (3) In the event that the unofficial count as described in section 323(a)(1) reveals that the margin of victory between the two candidates receiving the largest number of votes in the election is equal to or greater than 2 percent of the total votes cast in that election, the hand counts of the voter-verified paper ballots shall occur in at least 3 percent of all precincts or equivalent locations (or alternative audit units used in accordance with the method provided for under subsection (b)) in the Congressional district involved (in the case of an election for the House of Representatives) or the State (in the case of any other election for Federal office). (b) Use of Alternative Mechanism (1) Permitting use of alternative mechanism Notwithstanding subsection (a), a State may adopt and apply an alternative mechanism to determine the number of voter-verified paper ballots which will be subject to the hand counts required under this subtitle with respect to an election, so long as the alternative mechanism uses the voter-verified paper ballots to conduct the audit and the National Institute of Standards and Technology determines that the alternative mechanism is in accordance with the principles set forth in paragraph (2). (2) Principles for approval In approving an alternative mechanism under paragraph (1), the National Institute of Standards and Technology shall ensure that the audit procedure will have the property that for each election— (A) the alternative mechanism will be at least as statistically effective in ensuring the accuracy of the election results as the procedures under this subtitle; or (B) the alternative mechanism will achieve at least a 95 percent confidence interval (as determined in accordance with criteria set forth by the National Institute of Standards and Technology) with respect to the outcome of the election. (3) Deadline for response The Director of the National Institute of Standards and Technology shall make a determination regarding a State’s request to approve an alternative mechanism under paragraph (1) not later than 30 days after receiving the State’s request. 323. Process for administering audits (a) In General The Election Auditor of a State shall administer an audit under this section of the results of an election in accordance with the following procedures: (1) Within 24 hours after the State announces the final unofficial vote count (as defined by the State) in each precinct in the State, the Election Auditor shall— (A) determine and then announce the precincts or equivalent locations (or alternative audit units used in accordance with the method provided under section 322(b)) in the State in which it will administer the audits; and (B) with respect to votes cast at the precinct or equivalent location on or before the date of the election (other than provisional ballots described in paragraph (2)), begin to administer the hand count of the votes on the voter-verified paper ballots required to be used and preserved under section 301(a)(2)(A) and the comparison of the count of the votes on those ballots with the final unofficial count of such votes as announced by the State. (2) With respect to votes cast other than at the precinct on the date of the election (other than votes cast before the date of the election described in paragraph (2)) or votes cast by provisional ballot on the date of the election which are certified and counted by the State on or after the date of the election, including votes cast by absent uniformed services voters and overseas voters under the Uniformed and Overseas Citizens Absentee Voting Act, the Election Auditor shall administer the hand count of the votes on the applicable voter-verified paper ballots required to be produced and preserved under section 301(a)(2)(A) and the comparison of the count of the votes on those ballots with the final unofficial count of such votes as announced by the State. (b) Use of personnel In administering the audits, the Election Auditor may utilize the services of the personnel of the State or jurisdiction, including election administration personnel and poll workers, without regard to whether or not the personnel have professional auditing experience. (c) Location The Election Auditor shall administer an audit of an election— (1) at the location where the ballots cast in the election are stored and counted after the date of the election or such other appropriate and secure location agreed upon by the Election Auditor and the individual that is responsible under State law for the custody of the ballots; and (2) in the presence of the personnel who under State law are responsible for the custody of the ballots. (d) Special rule in case of delay in reporting absentee vote count In the case of a State in which the final count of absentee and provisional votes is not announced until after the date of the election, the Election Auditor shall initiate the process described in subsection (a) for administering the audit not later than 24 hours after the State announces the final unofficial vote count for the votes cast at the precinct or equivalent location on or before the date of the election, and shall initiate the administration of the audit of the absentee and provisional votes pursuant to subsection (a)(2) not later than 24 hours after the State announces the final unofficial count of such votes. (e) Additional Audits if Cause Shown (1) In general If the Election Auditor finds that any of the hand counts administered under this section do not match the final unofficial tally of the results of an election, the Election Auditor shall administer hand counts under this section of such additional precincts (or alternative audit units) as the Election Auditor considers appropriate to resolve any concerns resulting from the audit and ensure the accuracy of the election results. (2) Establishment and publication of procedures governing additional audits Not later than August 1, 2015, each State shall establish and publish procedures for carrying out the additional audits under this subsection, including the means by which the State shall resolve any concerns resulting from the audit with finality and ensure the accuracy of the election results. (f) Public Observation of Audits Each audit conducted under this section shall be conducted in a manner that allows public observation of the entire process. 324. Selection of precincts (a) In General Except as provided in subsection (c), the selection of the precincts or alternative audit units in the State in which the Election Auditor of the State shall administer the hand counts under this subtitle shall be made by the Election Auditor on a random basis, in accordance with procedures adopted by the National Institute of Standards and Technology, except that at least one precinct shall be selected at random in each county, with additional precincts selected by the Election Auditor at the Auditor’s discretion. (b) Public Selection The random selection of precincts under subsection (a) shall be conducted in public, at a time and place announced in advance. (c) Mandatory Selection of Precincts Established Specifically for Absentee Ballots If a State does not sort absentee ballots by precinct and include those ballots in the hand count with respect to that precinct, the State shall create absentee ballot precincts or audit units which are of similar size to the average precinct or audit unit in the jurisdiction being audited, and shall include those absentee precincts or audit units among the precincts in the State in which the Election Auditor shall administer the hand counts under this subtitle. (d) Deadline for Adoption of Procedures by Commission The National Institute of Standards and Technology shall adopt the procedures described in subsection (a) not later than March 31, 2015, and shall publish them in the Federal Register upon adoption. 325. Publication of results (a) Submission to Commission As soon as practicable after the completion of an audit under this subtitle, the Election Auditor of a State shall submit to the Commission the results of the audit, and shall include in the submission a comparison of the results of the election in the precinct as determined by the Election Auditor under the audit and the final unofficial vote count in the precinct as announced by the State and all undervotes, overvotes, blank ballots, and spoiled, voided, or cancelled ballots, as well as a list of any discrepancies discovered between the initial, subsequent, and final hand counts administered by the Election Auditor and such final unofficial vote count and any explanation for such discrepancies, broken down by the categories of votes described in paragraphs (1)(B) and (2) of section 323(a). (b) Publication by Commission Immediately after receiving the submission of the results of an audit from the Election Auditor of a State under subsection (a), the Commission shall publicly announce and publish the information contained in the submission. (c) Delay in certification of results by State (1) Prohibiting certification until completion of audits No State may certify the results of any election which is subject to an audit under this subtitle prior to— (A) to the completion of the audit (and, if required, any additional audit conducted under section 323(e)(1)) and the announcement and submission of the results of each such audit to the Commission for publication of the information required under this section; and (B) the completion of any procedure established by the State pursuant to section 323(e)(2) to resolve discrepancies and ensure the accuracy of results. (2) Deadline for completion of audits of Presidential elections In the case of an election for electors for President and Vice President which is subject to an audit under this subtitle, the State shall complete the audits and announce and submit the results to the Commission for publication of the information required under this section in time for the State to certify the results of the election and provide for the final determination of any controversy or contest concerning the appointment of such electors prior to the deadline described in section 6 of title 3, United States Code. 326. Payments to States (a) Payments for Costs of Conducting Audits In accordance with the requirements and procedures of this section, the Commission shall make a payment to a State to cover the costs incurred by the State in carrying out this subtitle with respect to the elections that are the subject of the audits conducted under this subtitle. (b) Certification of Compliance and Anticipated Costs (1) Certification required In order to receive a payment under this section, a State shall submit to the Commission, in such form as the Commission may require, a statement containing— (A) a certification that the State will conduct the audits required under this subtitle in accordance with all of the requirements of this subtitle; (B) a notice of the reasonable costs incurred or the reasonable costs anticipated to be incurred by the State in carrying out this subtitle with respect to the elections involved; and (C) such other information and assurances as the Commission may require. (2) Amount of payment The amount of a payment made to a State under this section shall be equal to the reasonable costs incurred or the reasonable costs anticipated to be incurred by the State in carrying out this subtitle with respect to the elections involved, as set forth in the statement submitted under paragraph (1). (3) Timing of notice The State may not submit a notice under paragraph (1) until candidates have been selected to appear on the ballot for all of the elections for Federal office which will be the subject of the audits involved. (c) Timing of Payments The Commission shall make the payment required under this section to a State not later than 30 days after receiving the notice submitted by the State under subsection (b). (d) Recoupment of Overpayments No payment may be made to a State under this section unless the State agrees to repay to the Commission the excess (if any) of— (1) the amount of the payment received by the State under this section with respect to the elections involved; over (2) the actual costs incurred by the State in carrying out this subtitle with respect to the elections involved. (e) Authorization of Appropriations There are authorized to be appropriated to the Commission for fiscal year 2015 and each succeeding fiscal year $100,000,000 for payments under this section. 327. Exception for elections subject to recount under State law prior to certification (a) Exception This subtitle does not apply to any election for which a recount under State law will commence prior to the certification of the results of the election, including but not limited to a recount required automatically because of the margin of victory between the 2 candidates receiving the largest number of votes in the election, but only if each of the following applies to the recount: (1) The recount commences prior to the determination and announcement by the Election Auditor under section 323(a)(1) of the precincts in the State in which it will administer the audits under this subtitle. (2) If the recount would apply to fewer than 100 percent of the ballots cast in the election— (A) the number of ballots counted will be at least as many as would be counted if an audit were conducted with respect to the election in accordance with this subtitle; and (B) the selection of the precincts in which the recount will be conducted will be made in accordance with the random selection procedures applicable under section 324. (3) The recount for the election meets the requirements of section 323(f) (relating to public observation). (4) The State meets the requirements of section 325 (relating to the publication of results and the delay in the certification of results) with respect to the recount. (b) Clarification of Effect on Other Requirements Nothing in this section may be construed to waive the application of any other provision of this Act to any election (including the requirement set forth in section 301(a)(2) that the voter verified paper ballots serve as the vote of record and shall be counted by hand in all audits and recounts, including audits and recounts described in this subtitle). 328. Effective date This subtitle shall apply with respect to elections for Federal office beginning with the regularly scheduled general elections held in November 2015. . 302. Availability of Enforcement Under Help America Vote Act of 2002 Section 401 of such Act ( 42 U.S.C. 15511 ), as amended by section 201, is amended— (1) in subsection (a), by striking the period at the end and inserting the following: , or the requirements of subtitle C of title III. ; (2) in subsection (b)(1), by striking 303 and inserting 303, or subtitle C of title III, ; and (3) in subsection (c)— (A) by striking subtitle A and inserting subtitle A or C ; and (B) by striking the period at the end and inserting the following: , or the requirements of subtitle C of title III. . 303. Guidance on Best Practices for Alternative Audit Mechanisms (a) In general Not later than May 1, 2015, the Director of the National Institute of Standards and Technology shall establish guidance for States that wish to establish alternative audit mechanisms under section 322(b) of the Help America Vote Act of 2002 (as added by section 301). Such guidance shall be based upon scientifically and statistically reasonable assumptions for the purpose of creating an alternative audit mechanism that will be consistent with the principles for approval described in section 322(b)(2) of such Act (as so added). (b) Authorization of appropriations There are authorized to be appropriated to carry out subsection (a) $100,000, to remain available until expended. 304. Clerical Amendment The table of contents of such Act is amended by adding at the end of the items relating to title III the following: Subtitle C—Mandatory Manual Audits Sec. 321. Requiring audits of results of elections. Sec. 322. Number of ballots counted under audit. Sec. 323. Process for administering audits. Sec. 324. Selection of precincts. Sec. 325. Publication of results. Sec. 326. Payments to States. Sec. 327. Exception for elections subject to recount under State law prior to certification. Sec. 328. Effective date. . IV Repeal of exemption of Election Assistance Commission from certain government contracting requirements 401. Repeal of exemption of Election Assistance Commission from certain government contracting requirements (a) In general Section 205 of the Help America Vote Act of 2002 ( 42 U.S.C. 15325 ) is amended by striking subsection (e). (b) Effective date The amendment made by subsection (a) shall apply with respect to contracts entered into by the Election Assistance Commission on or after the date of the enactment of this Act. V Effective date 501. Effective Date Except as otherwise provided, this Act and the amendments made by this Act shall apply with respect to the regularly scheduled general election for Federal office in November 2016 and each succeeding election for Federal office.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5741ih/xml/BILLS-113hr5741ih.xml
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113-hr-5742
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I 113th CONGRESS 2d Session H. R. 5742 IN THE HOUSE OF REPRESENTATIVES November 19, 2014 Mr. McKeon introduced the following bill; which was referred to the Committee on Natural Resources A BILL To provide to the Secretary of the Interior a mechanism to cancel contracts for the sale of materials CA–20139 and CA–22901, and for other purposes.
1. Short title This Act may be cited as the Soledad Canyon Settlement Act . 2. Definitions In this Act: (1) City of Santa Clarita The term City of Santa Clarita means the City of Santa Clarita, California. (2) City of Victorville The term City of Victorville means the City of Victorville, California. (3) Contracts The term contracts means the Bureau of Land Management mineral contracts numbered CA–20139 and CA–22901. (4) Contract holder The term contract holder means the private party to the contracts, and any successors that hold legal interests in the contracts. (5) County of San Bernardino The term County of San Bernardino means the County of San Bernardino, California. (6) Map The term Map means the map entitled Victorville disposal area, California and dated March 2011. (7) Secretary The term Secretary means the Secretary of the Interior. (8) Victorville disposal area The term Victorville disposal area means the 10,206.05 acres of land identified for disposal in the West Mojave Land Management Plan (2006) of the Bureau of Land Management and depicted on the Map. 3. Appraisal; compensation to contract holder (a) Appraisals (1) Contract appraisal (A) In general Not later than 90 days after the date of enactment of this Act, the Secretary shall determine by mineral appraisal, using the discounted cash flow method of appraisal (in accordance with the appraisal guidelines for appraisals of large quantities of mineral materials contained in section IV(E) of BLM Mineral Material Appraisal Handbook H–3630)— (i) the fair market value of the contracts; and (ii) the amount of royalties the Federal Government would receive under the contracts over the 10-year period beginning on the date of enactment of this Act. (B) Considerations In making the determination under subparagraph (A), the Secretary shall assume that— (i) the contract holder has obtained all the permits and entitlements necessary to mine, produce, and sell sand and gravel under the contract; and (ii) mining operations under the contract have commenced at the time of the determination, with maximum annual production volumes that— (I) are based on the projected supply and demand outlook at the time of determination; and (II) reflect depletion of the reserves that are subject to the contract within the effective periods of the contract. (C) Donation The Secretary shall provide to the contract holder and the City of Santa Clarita a list of approved appraisers from which the parties shall select and provide the funding to cover the costs of the appraisal under subparagraph (A). (2) Land appraisal (A) In general Not later than 90 days after the date of enactment of this Act, the Secretary shall determine by appraisal standards under existing laws and regulations, the fair market value of the Victorville disposal area on a net present value basis. (B) Donation The Secretary shall provide to the contract holder and the City of Santa Clarita a list of approved appraisers from which the parties shall select and provide the funding to cover the costs of the appraisal under subparagraph (A). (b) Compensation (1) In general Subject to paragraph (2), not later than 30 days after completion of the appraisals under subsection (a), the Secretary shall offer the contract holder compensation for the cancellation of the contracts. (2) Conditions on offer An offer made by the Secretary under paragraph (1) shall be subject to the following conditions: (A) The cancellation of the contracts and the provision of compensation shall be contingent on the availability of funds from the sale of the Victorville disposal area under section 4, and any additional compensation provided under subparagraph (D), as determined necessary by the Secretary. (B) The amount of compensation offered by the Secretary under this subsection shall be equal to or less than the fair market value of the contracts, as determined under subsection (a)(1)(A)(i). (C) The amount of compensation offered by the Secretary under this subsection shall be equal to or less than the projected revenues generated by the sale of the Victorville disposal area under section 4, less the projected lost royalties to the Federal Government over the 10-year period beginning on the date of enactment of this Act, as determined under subsection (a)(1)(A)(ii). (D) If the amount of projected revenues described in subparagraph (C) is less than the fair market value determined under subsection (a)(1)(A)(i), the Secretary shall, not later than 60 days after the date on which the Director of the Bureau of Land Management determines the projected revenues under subparagraph (C), negotiate an agreement with the contract holder and the City of Santa Clarita to provide to the Secretary amounts equal to the difference, in the form of— (i) compensation to be received by the contract holder; and (ii) compensation in a form acceptable to the Secretary to be provided by the City of Santa Clarita. (3) Acceptance of offer (A) In general The contract holder shall have 60 days from the later of the date on which the Secretary makes the offer under paragraph (1) or an agreement is negotiated under paragraph (2)(D) to accept the offer or agreement. (B) Failure to accept offer If the contract holder does not accept the offer under paragraph (1) or if an agreement is not negotiated under paragraph (2)(D) within the time period described in subparagraph (A), the contracts shall remain in effect and no further actions shall taken be taken pursuant to this Act. 4. Sale of land near Victorville, California (a) In general Notwithstanding sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713) and subject to subsections (b) through (f), not later than 2 years after the date of enactment of this Act, the Secretary shall place on the market and offer for sale by competitive bidding and in a manner designed to obtain the highest price possible, all right, title, and interest of the United States in and to the Victorville disposal area. (b) Availability of Map The Secretary shall keep the Map on file and available for public inspection in— (1) the office of the Director of the Bureau of Land Management; and (2) the district office of the Bureau of Land Management located in Barstow, California. (c) Right of Local Land Use Authority To Purchase Certain Land (1) In general Before a sale of land under subsection (a), the Secretary shall provide to the applicable local land use authority an exclusive preemptive right, as determined under State law, to purchase any right, title, or interest of the United States in and to any portion of the parcels of land identified as Area A and Area B on the Map that is located within the jurisdiction of the local land use authority. (2) Timing A preemptive right under paragraph (1) shall be in effect for a period of 30 days before the land is sold under subsection (a). (3) Authority During the period described in paragraph (2), the local land use authority may purchase some or all of the right, title, and interest of the United States, as provided in subsection (a), in and to the land to be offered for sale at fair market value, as determined by an appraisal conducted by the Secretary. (4) Exercising right If the local land use authority exercises the preemptive right under paragraph (1), the Secretary shall convey the land to the local land use authority immediately on payment by the local land use authority of the entire purchase price of the applicable parcel of land. (5) Failure to pay Failure by the local land use authority to purchase and pay for the right, title, and interest of the United States in and to the land described in paragraph (1) within the time period described in paragraph (2) and to comply with any other terms and conditions as the Secretary may require shall terminate the preemptive right of the local land use authority with respect to the right, title, and interest offered for sale. (d) Withdrawal and Reservation (1) Withdrawal Subject to valid existing rights, the land described in subsection (a) is withdrawn from— (A) entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (2) Reservation In any sale or other disposal of land under this section, there shall be reserved by the United States the right of the United States to prospect for, mine, and remove minerals from the conveyed land. (e) Consultation In addition to any consultation otherwise required by law, before initiating efforts to dispose of land under this section, the Secretary shall consult with the City of Victorville, the County of San Bernardino, and surface owners in the jurisdiction in which the land is located regarding the potential impact of the disposal and other appropriate aspects of the disposal. (f) Account The gross proceeds of a sale of land under subsection (a) shall be deposited in an account acceptable to the Secretary and available only for the purposes of carrying out this Act. 5. Cancellation of contracts (a) In general On completion of the compensation to the contract holder for the value of each contract in accordance with subsection (b), the Secretary shall cancel the contracts and withdraw those areas that were subject to the contracts from further mineral entry under all mineral leasing and sales authorities available to the Secretary. (b) Compensation; cancellation; retention of funds (1) In general Subject to paragraph (3), the Secretary shall provide to the contract holder the compensation agreed to under section 3(b) by disbursement of amounts from the account, in 4 equal payments, as funds are available; (2) Cancellation (A) Contract CA–20139 On completion of the first 2 payments to the contract holder under paragraph (1), the Secretary shall cancel contract CA–20139. (B) Contract CA–22901 On completion of the remaining 2 payments to the contract holder under paragraph (1), the Secretary shall cancel contract CA–22901. (3) Retention of funds The Secretary shall retain sufficient funds to cover the projected lost royalties determined under section 3(a)(1)(A)(ii). (c) Release and waiver Upon acceptance and receipt of compensation under subsection (b), the contract holder shall waive all claims against the United States arising out of, or relating to, the cancellation of the contracts.
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113-hr-5743
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I 113th CONGRESS 2d Session H. R. 5743 IN THE HOUSE OF REPRESENTATIVES November 19, 2014 Mr. Moran (for himself, Mr. Rush , Mr. George Miller of California , Mr. Scott of Virginia , Mr. Van Hollen , Mr. Holt , Mr. Sensenbrenner , Mr. Runyan , Mr. Dent , Mr. Cárdenas , and Mr. McGovern ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To establish a commission to identify and examine issues of national concern related to the conduct of intercollegiate athletics, to make recommendations for the resolution of the issues, and for other purposes.
1. Sense of Congress It is the sense of Congress that— (1) properly conducted intercollegiate athletic programs contribute to the beneficial development of student athletes and the vibrancy of campus life at institutions of higher education; (2) recent events pose grave threats to the financial stability of athletic programs at institutions of higher education and create pressure on institutions of higher education to consider eliminating non-revenue Olympic sports or increasing general fund, student fee, and donor subsidies to athletics at a time when such resources are needed for priority academic programs; (3) there are concerns about the health and safety needs of student athletes with regard to adequacy of injury protections and other medical protocols; (4) academic integrity at institutions of higher education is threatened by increased incidences of academic fraud involving student athletes, failure to provide adequate remedial programs for academically unprepared admitted athletes, and excessive athletics time demands; (5) student athletes faced with loss of financial aid and other benefits and National Collegiate Athletic Association (NCAA) member institutions in danger of financial penalties, loss of media rights, and public embarrassment due to alleged rules violations are not being afforded adequate due process; (6) the NCAA, member institutions of the NCAA, and college presidents have not adequately addressed these issues; and (7) reform is so complex and important to higher education that a blue ribbon commission of sport experts and members of Congress should be convened to objectively study these issues and propose solutions. 2. Establishment There is established a commission to be known as the Presidential Commission on Intercollegiate Athletics. 3. Duties (a) Review The Commission shall review and analyze the following issues related to intercollegiate athletics: (1) The interaction of athletics and academics, including— (A) the extent to which existing athletic practices allow student athletes to succeed as both students and athletes; (B) how athletics affect the academic mission, academic integrity, and credit worthiness of institutions of higher education; (C) graduation rates of student athletes; and (D) standards of academic eligibility for participation in and terms of scholarships for student athletes. (2) The financing of intercollegiate athletics, including— (A) sources of revenue, including student fees, media contracts, and licensing agreements; (B) expenditures of revenue, including compliance with title IX of the Education Amendments of 1972, coaching salaries, and facilities development; (C) the ability of institutions of higher education to finance intercollegiate athletics; (D) the financial transparency of intercollegiate athletics; (E) the criteria for receipt of financial disbursements or rewards from athletic membership associations; (F) rules related to earnings and benefits by student athletes, including the possibility of commercial compensation for the use of the names, images, and likenesses of student athletes and whether a student athlete may retain a personal representative to negotiate on behalf of the student athlete; (G) tax regulations related to revenue from intercollegiate athletics; and (H) Federal judicial decisions that affect compensation for student athletes or the right of student athletes to organize as a collective bargaining unit. (3) Recruitment and retention of student athletes, including rules related to— (A) professional sports participation; (B) transfer of student athletes to other institutions; and (C) recruitment and representations made to potential student athletes. (4) Oversight and governance practices. (5) Health and safety protections for student athletes. (6) Due process and other protections related to the enforcement of rules and regulations related to student athletes. (7) Any other issues the Commission considers relevant to understanding the state of intercollegiate athletics. (b) Recommendations The Commission shall develop recommendations regarding the issues identified in subsection (a) based on the review and analysis of the issues under such subsection. 4. Membership (a) In general The Commission shall be composed of 17 members appointed as follows: (1) Five members appointed by the President, in consultation with the Secretary of Education and the Attorney General. (2) Three members appointed by the Speaker of the House of Representatives, including— (A) one Member of the House of Representatives; and (B) two individuals who are not Members of Congress. (3) Three members appointed by the minority leader of the House of Representatives, including— (A) one Member of the House of Representatives; and (B) two individuals who are not Members of Congress. (4) Three members appointed by the majority leader of the Senate, including— (A) one Member of the Senate; and (B) two individuals who are not Members of Congress. (5) Three members appointed by the minority leader of the Senate, including— (A) one Member of the Senate; and (B) two individuals who are not Members of Congress. (b) Qualifications Appointments shall be made from individuals who are specially qualified to serve on the Commission by virtue of their education, training, or experience. (c) Vacancy Any vacancy on the Commission shall not affect the powers of the Commission, but shall be filled in the manner in which the original appointment was made. (d) Chair The Chair of the Commission shall be elected by the members. (e) Reimbursement; service without pay Members of the Commission shall serve without pay, except members of the Commission shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred by them in carrying out the functions of the Commission, in the same manner as persons employed intermittently by the Federal Government are allowed expenses under section 5703 of title 5, United States Code. 5. Staff The Commission may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this paragraph may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. 6. Meetings (a) In general The Commission shall meet at the call of the Chair or of a majority of its members. (b) First meeting The first such meeting shall occur not later than 90 days after the date of the enactment of this Act. 7. Powers (a) In general The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (b) Delegation Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Access to information The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Commission, the head of such department or agency shall furnish such information to the Commission. (d) Use of mails The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (e) Administrative support The Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request that are necessary for the Commission to carry out its responsibilities under this Act. 8. Report Not later than the date that is 1 year after the date of the first meeting of the Commission, the Commission shall submit to the President and the Congress a written report of its findings and recommendations based on the review and analysis required by section 3. 9. Termination The Commission shall terminate on the date that is 30 days after the date on which the Commission submits the report required by section 8. 10. Definitions (a) Commission In this Act, the term Commission means the Presidential Commission on Intercollegiate Athletics established by section 2. (b) Institution of higher education In this Act, the term institution of higher education means any institution that— (1) meets the definition in section 102(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1002(a)(1)); and (2) has student athletes who are eligible for Federal student loans.
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113-hr-5744
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I 113th CONGRESS 2d Session H. R. 5744 IN THE HOUSE OF REPRESENTATIVES November 19, 2014 Mr. Payne (for himself and Mr. Thompson of Mississippi ) introduced the following bill; which was referred to the Committee on Homeland Security A BILL To amend the Homeland Security Act of 2002 to require recipients of State Homeland Security Grant Program funding to preserve and strengthen interoperable emergency communications capabilities, and for other purposes.
1. Short title This Act may be cited as the State Wide Interoperable Communications Enhancement Act or the SWIC Enhancement Act . 2. Minimum contents of application for certain homeland security grant funds (a) In general Paragraph (2) of section 2004(b) of the Homeland Security Act of 2002 ( 6 U.S.C. 605(b) ) is amended by— (1) redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (2) inserting after subparagraph (A) the following new subparagraph: (B) (i) certification that the Governor of the State has designated a Statewide Interoperability Coordinator, including identification in such certification of the individual so designated, who is shall be responsible for— (I) overseeing the daily operations of the State’s interoperability efforts; (II) coordinating State interoperability and communications projects and grant applications for such projects; (III) establishing and maintaining working groups to develop and implement key interoperability initiatives; and (IV) implementing and updating, as necessary, a Statewide Communications Interoperability Plan that specifies the current status of State efforts to enhance communications interoperability within the State, including progress or setbacks, and future goals for communications interoperability among emergency response agencies in the State; or (ii) if a Statewide Interoperability Coordinator has not been designated in accordance with clause (i)— (I) certification that the State is performing in another manner the functions described in subclauses (I) through (IV) of such clause; and (II) identification in such certification of an individual who has been designated by the State as the primary point of contact for performance of such functions; . (b) Limitation on application The amendment made by subsection (a) shall not apply with respect to any grant for which an application was submitted under the State Homeland Security Grant Program before the date of the enactment of this Act.
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113-hr-5745
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I 113th CONGRESS 2d Session H. R. 5745 IN THE HOUSE OF REPRESENTATIVES November 19, 2014 Mr. Terry introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committees on Veterans’ Affairs and Armed Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To direct certain actions of the United States Government with respect to recognizing the service and sacrifice of veterans of the Korean Constabulary, and for other purposes.
1. Short title This Act may be cited as the Recognizing Officers and Enlisted Men of the Korean Constabulary Act of 2014 . 2. Findings Congress finds the following: (1) From November 1945 to January 1949, the Korean Constabulary undertook internal security tasks on behalf of the United States Military Government in Korea and the people of South Korea. (2) The Korean Constabulary was initially intended to supplement United States military operations during the unification and independence of South Korea. (3) Within two years of its organization, the Korean Constabulary consisted of 25,000 officers and enlisted men. (4) Civil conflict in Korea compelled officers and enlisted men of the Korean Constabulary to defend their fledgling country against internal unrest. (5) The Korean Constabulary was under the jurisdiction of the Department of National Defense, which later became known as the Department of Internal Security of the United States Military Government in Korea. (6) The Korean Constabulary was the core force upon which the Korean Army was established on August 5, 1948. (7) The Korean Government excluded officers and enlisted men of the Korean Constabulary from benefits when it enacted the Republic of Korea’s Military Pension Act, specifically Article 16–9, which states that the calculation of service period shall not include years prior to 1948, the establishment year of the Government of the Republic of Korea. (8) Veterans of the Korean Constabulary believe they have been treated unfairly because they have not been granted pension or aid for healthcare and have been denied Korean military awards and distinguished honors, such as promotion, because their years of service before January 1949 are unaccounted for. (9) The Government of the Republic of Korea owes veterans of the Korean Constabulary due compensation for their service to the Government of the Republic of Korea. (10) Veterans of the Korean Constabulary would like to be honored by the Republic of Korea for their service to the Korean Constabulary. 3. Declaration of policy Congress commends the veterans of the Korean Constabulary for their bravery and honorable service and thanks them for their support during the difficult times leading to the establishment of the Republic of Korea. 4. Actions with respect to Government of the Republic of Korea The Secretary of State shall seek to urge the Government of the Republic of Korea— (1) to reexamine Article 16–9 of the Republic of Korea’s Military Pension Act; and (2) to expeditiously locate the records and remains of 7,235 combat dead of the Korean Constabulary. 5. Report The Secretary of Defense shall submit to Congress a report that contains the following: (1) A description of potential awards and recognition for officers and enlisted men of the Korean Constabulary. (2) If no such awards or recognition would apply, an examination of the possibility of establishing new such awards and recognition. 6. Interment of Korean Constabulary veterans Section 2402(a) of title 38, United States Code, is amended by adding at the end the following new paragraph: (10) (A) An individual who served as an officer or enlisted man of the Korean Constabulary and at the time of death— (i) was a citizen of the United States or an alien lawfully admitted for permanent residence in the United States; and (ii) resided in the United States. (B) In this paragraph, the term Korean Constabulary means the constabulary force that provided internal security in Korea on behalf of the United States Military Government in Korea from November 1945 to January 1949. .
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113-hr-5746
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I 113th CONGRESS 2d Session H. R. 5746 IN THE HOUSE OF REPRESENTATIVES November 20, 2014 Mr. Kelly of Pennsylvania introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committee on Foreign Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To prohibit an alien who is a national of a country with a widespread Ebola virus outbreak from obtaining a visa and for other purposes.
1. Short title This Act may be cited as the Keeping America Safe from Ebola Act of 2014 . 2. Definitions In this Act: (1) Covered alien The term covered alien means an alien— (A) who is— (i) a national of a designated country; or (ii) a resident of a designated country; and (B) whose last habitual residence, or last habitual residence prior to residence in the United States if the alien is seeking to reenter the United States, was a designated country. (2) Designated country The term designated country means a country that the Director has designated as a country with widespread transmission of the Ebola virus. (3) Director The term Director means the Director of the Center for Disease Control and Prevention. (4) United States The term United States has the meaning given that term in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)). 3. Temporary ban on visas for residents of countries with widespread transmission of the Ebola virus (a) In general (1) Ineligibility for visas A covered alien is ineligible to receive a visa from the Secretary of State or otherwise be admitted to the United States. (2) Ineligibility to enter (A) In general A covered alien is ineligible to enter the United States if the alien was lawfully present in the United States pursuant to a visa, departed the United States and visited a designated country, and is seeking to reenter the United States. (B) Revocation of visa Beginning on the date of the enactment of this Act, the Secretary of State shall revoke the visa of each covered alien described in subparagraph (A). (b) Exception for aid workers Subsection (a) shall not apply to an individual who is authorized by the Administrator of the United States Agency for International Development to travel to or resides in a designated country to provide assistance related to the Ebola outbreak. (c) Exception for national security Subsection (a) shall not apply to an individual who is authorized by the Secretary of Defense to travel to the United States for necessary training. (d) Construction Subsection (a) shall not be construed to require the Secretary of State or the Secretary of Homeland Security to revoke the visa of a covered alien who— (1) is lawfully present in the United States pursuant to that visa; and (2) does not depart the United States during the term of that visa. 4. Reports Not later than 30 days after the date of the enactment of this Act, and every 30 days thereafter during the period the provisions of this Act are in effect, the President shall submit to Congress a report on the spread of the Ebola virus. Each such report shall include— (1) the status of the Ebola virus outbreak in each designated country and the progress made since the last reporting period to contain the outbreak; (2) a description of the United States assistance to each designated country to combat the Ebola virus and any changes made to levels of assistance as a result of the evolving situation since the last report; and (3) the reasons that a complete ban on travel to and from designated countries would not be in the national interest of the United States. 5. Effective period The provisions of this Act shall be in effect until the date that is 60 days after the date the Director certifies that there are no longer any designated countries.
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113-hr-5747
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I 113th CONGRESS 2d Session H. R. 5747 IN THE HOUSE OF REPRESENTATIVES November 20, 2014 Mr. Royce (for himself, Mr. Engel , Mr. Rohrabacher , Mr. Deutch , Ms. Ros-Lehtinen , Ms. Gabbard , Mr. McCaul , Mr. Connolly , Mr. Kinzinger of Illinois , Mr. Vargas , Mr. Poe of Texas , Ms. Meng , Mr. Franks of Arizona , Mr. Van Hollen , Mr. Holding , Mr. Turner , Mr. Chabot , Mr. DeSantis , Mr. Cook , Mr. Clawson of Florida , Mr. Diaz-Balart , Mr. Duncan of South Carolina , Mr. Sherman , Mr. Fortenberry , and Mr. Fitzpatrick ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To authorize the direct provision of defense articles, defense services, and related training to the Kurdistan Regional Government, and for other purposes.
1. Findings Congress finds the following: (1) Since 2011, the terrorist group now known as the Islamic State in Iraq and the Levant (ISIL), has rapidly expanded, now possessing greater funding, more personnel, and heavier weapons than any other terrorist force. (2) ISIL has threatened to continue attacking United States persons and interests and has an apocalyptic vision for a larger confrontation with the United States and its allies in the Middle East. (3) According to the United States intelligence community, approximately 20,000 to 30,000 ISIL fighters operate in Iraq and Syria, an estimated 3,000 of which are believed to have western passports. (4) ISIL finances itself through looting, smuggling, taxes, oil sales, kidnapping, and human trafficking. (5) According to United States officials, ISIL captured approximately 1,500 Humvees, a number of other modern armored vehicles and transport trucks, over 50 long-range Global Positioning System (GPS)-guided artillery pieces, a substantial number of artillery shells, a large quantity of small arms, approximately 4,000 heavy machine guns, and other weapons from the Iraqi Security Forces in June 2014, and has also reportedly captured a number of other weapons and vehicles from Bashar al-Assad’s forces in Syria. (6) The rapidly deteriorating humanitarian situation in Iraq caused by ISIL advances in Iraq and Syria has resulted in approximately 1,500,000 refugees and internally displaced people from Syria and Iraq taking refuge in the Iraqi Kurdistan region. The Kurdistan Regional Government is facing a humanitarian and budget crisis while defending itself from ISIL. (7) The Kurdistan Regional Government (KRG) is the democratically elected government of the Kurdistan Region in Iraq, and Iraqi Kurds have been a reliable and stable partner of the United States. (8) The Iraqi constitution guarantees the right of Iraqi regions, such as Iraqi Kurdistan, to maintain internal security forces for the region such as police, security forces, and guards of the region . (9) The Kurdish Peshmerga forces are officially organized under the Ministry of Peshmerga Affairs and commanded by the Minister of Peshmerga, who reports to the President of the Kurdistan Regional Government. (10) ISIL has positioned its forces along a 650-mile border with the Kurdistan Regional Government’s Peshmerga forces. (11) ISIL has employed captured armored vehicles, long-range artillery, and heavy weapons in attacking thinly stretched Kurdish forces along the border. (12) United States airstrikes against ISIL targets have helped stall the terrorist organization’s advance on territory held by Kurdish forces, but have not proven to be militarily decisive against ISIL. (13) The United States and its allies have provided the resupply of various small arms and training to Peshmerga forces since June 2014. (14) Such resupply efforts, to comply with United States law, must be approved and coordinated through the Government of Iraq. In the initial phase of the resupply effort, the Government of Iraq constrained and delayed the emergency supply of weapons to the Kurdistan Regional Government. (15) The Peshmerga forces lack battle-ready armored vehicles and the ability to take significant offensive action against ISIL forces, leading to requests for such assistance. (16) Armored vehicles, anti-armor weapons, long-range artillery, and other weapons are consistent with the Kurdistan Regional Government’s constitutional right to defend itself against the clear and present danger posed by ISIL. (17) A strong Peshmerga force is essential to countering the ISIL threat to Iraq, the region, and United States interests. (18) The longer ISIL’s sanctuary remains largely unchallenged, the more time it will have to reinforce its positions, and plan attacks against United States interests. 2. Sense of Congress It is the sense of Congress that— (1) defeating the Islamic State in Iraq and the Levant (ISIL) is critical to maintaining a unified Iraq in which all faiths and ethnicities are afforded equal protection and full integration into the Iraqi government and society; (2) the people of Kurdistan face an urgent and deadly threat from ISIL which the Iraqi Security Forces, of which the Peshmerga are a component, are currently unable to match in armaments; (3) any outstanding issues between the Government of Iraq and the Kurdistan Regional Government should be resolved by the two parties expeditiously to allow for a resumption of normal relations; and (4) ISIL’s recent advances and continued growth present an imminent threat to Iraqi Kurdistan, the rest of Iraq and the Middle East, and international security. 3. Statement of Policy It shall be the policy of the United States to directly provide the Kurdistan Regional Government with advanced conventional weapons, training, and defense services, on an emergency and temporary basis, to more effectively partner with the United States and other international coalition members to defeat the Islamic State in Iraq and the Levant (ISIL). 4. Temporary emergency authorization of defense articles, defense services, and related training directly to the Kurdistan Regional Government (a) In general The President should consult with the Government of Iraq in carrying out the authority provided in subsection (b). (b) Authorization (1) Military assistance The President is authorized to provide defense articles, defense services, and related training directly to the Kurdistan Regional Government for the purpose of supporting international coalition efforts against the Islamic State in Iraq and the Levant (ISIL) or any successor group. (2) Defense exports The President is authorized to issue licenses authorizing United States exporters to export defense articles, defense services, and related training directly to the Kurdistan Regional Government. For purposes of processing applications for such export licenses, the President is authorized to accept End Use Certificates approved by the Kurdistan Regional Government. (3) Types of assistance Assistance authorized under paragraph (1) and exports authorized under paragraph (2) may include anti-tank and anti-armor weapons, armored vehicles, long-range artillery, crew-served weapons and ammunition, secure command and communications equipment, body armor, helmets, logistics equipment, excess defense articles and other military assistance that the President determines to be appropriate. (c) Relationship to existing authorities; conditions of eligibility (1) Relationship to existing authorities Assistance authorized under subsection (b)(1) and licenses for exports authorized under subsection (b)(2) shall be provided pursuant to the applicable provisions of the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ) and the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ), notwithstanding any requirement in such applicable provisions of law that a recipient of assistance of the type authorized under subsection (b)(1) shall be a country or international organization. (2) Conditions of eligibility In addition to such other provisions as the President may require, no defense article, defense service, or related training may be provided to the Kurdistan Regional Government under the authority of subsection (b)(1) or (b)(2) unless the Kurdistan Regional Government agrees that— (A) it will not provide any such defense article, defense service, or related training to anyone who is not an officer, employee, or agent of the Kurdistan Regional Government, and (B) it will not use or permit the use of any such defense article, defense service, or related training for purposes other than the purposes for which it was provided, unless the consent of the President has first been obtained. (d) Report (1) In general Not later than 60 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report on the following: (A) The anticipated defense articles, defense services, and related training to be provided under the authority of subsections (b)(1) and (b)(2). (B) A timeline for the provision of such defense articles, defense services, and related training. (C) A description of mechanisms and procedures for end-use monitoring of such defense articles, defense services, and related training. (D) How such defense articles, defense services, and related training would contribute to the foreign policy and national security of the United States, as well as impact security in the region. (2) Definition In this subsection, the term appropriate congressional committees means— (A) the Committee on Foreign Affairs, the Committee on Appropriations, and the Committee on Armed Services of the House of Representatives; and (B) the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on Armed Services of the Senate. (e) Notification The President should provide notification to the Government of Iraq prior to defense articles, defense services, or related training being provided to the Kurdistan Regional Government under the authority of subsection (b)(1) or (b)(2). (f) Definitions In this section, the terms defense article , defense service , and training have the meanings given those terms in section 47 of the Arms Export Control Act ( 22 U.S.C. 2794 ). (g) Termination The authority to provide defense articles, defense services, and related training under subsection (b)(1) and the authority to issue licenses for exports authorized under subsection (b)(2) shall terminate on the date that is 3 years after the date of the enactment of this Act.
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113-hr-5748
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I 113th CONGRESS 2d Session H. R. 5748 IN THE HOUSE OF REPRESENTATIVES November 20, 2014 Mr. Cummings introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To extend the requirement that drug manufacturers that increase prices faster than inflation pay an additional rebate to State Medicaid programs to include manufacturers of generic drugs.
1. Short title This Act may be cited as the The Medicaid Generic Drug Price Fairness Act of 2014 . 2. Applying the medicaid additional rebate requirement to manufacturers of generic drugs (a) In general Section 1927(c)(3)(A) of the Social Security Act ( 42 U.S.C. 1396r–8(c)(3)(A) ) is amended— (1) in clause (ii), by striking the period and inserting , ; and (2) by adding at the end the following flush text: and shall be increased by an amount determined in the same manner as the increase in the amount of a rebate for a single source drug or an innovator multiple source drug is determined under paragraph (2). . (b) Effective date The amendments made by this section shall apply to rebate periods beginning on or after the date of enactment of this Act.
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113-hr-5749
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I 113th CONGRESS 2d Session H. R. 5749 IN THE HOUSE OF REPRESENTATIVES November 20, 2014 Mr. Lucas (for himself and Mr. Heck of Washington ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To clarify membership requirements for the Board of Directors of the Federal Deposit Insurance Corporation.
1. Short title This Act may be cited as the State Regulatory Representation Clarification Act of 2014 . 2. Purposes The purposes of this Act are— (1) to reaffirm the importance of having the perspective of State banking regulators on the Board of Directors of the Federal Deposit Insurance Corporation; and (2) to ensure that the Board of Directors of the Federal Deposit Insurance Corporation includes a member who has served as a State banking supervisor. 3. State banking supervisor experience on Board of Directors of the Federal Deposit Insurance Corporation Section 2(a)(1)(C) of the Federal Deposit Insurance Act ( 12 U.S.C. 1812(a)(1)(C) ) is amended by striking State bank supervisory experience and inserting served as a State bank supervisor, as defined in section 3(r)(1) of this Act . 4. Rule of construction Nothing in this Act shall be construed as affecting the appointment or reappointment of individuals who were members of the Board of Directors of the Federal Deposit Insurance Corporation as of January 1, 2014.
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113-hr-5750
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I 113th CONGRESS 2d Session H. R. 5750 IN THE HOUSE OF REPRESENTATIVES November 20, 2014 Mr. Bilirakis (for himself, Mr. Butterfield , Mr. McCaul , and Mr. Hastings of Florida ) 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 authorize a 6-month extension of certain exclusivity periods in the case of approved drugs that are subsequently approved for a new indication to prevent, diagnose, or treat a rare disease or condition, and for other purposes.
1. Short title This Act may be cited as the Orphan Product Extensions Now Accelerating Cures and Treatments Act of 2014 . 2. Extension of exclusivity periods for a drug approved for a new indication for a rare disease or condition (a) In general Chapter V of the Federal Food, Drug, and Cosmetic Act is amended by inserting after section 505E of such Act ( 21 U.S.C. 355f ) the following: 505F. Extension of exclusivity periods for a drug approved for a new indication for a rare disease or condition (a) Designation (1) In general The Secretary shall designate a drug as a drug approved for a new indication to prevent, diagnose, or treat a rare disease or condition for purposes of granting the extensions under subsection (b) if— (A) prior to approval of an application or supplemental application for the new indication, the drug was approved or licensed for marketing under section 505(c) of this Act or section 351(a) of the Public Health Service Act, but was not so approved or licensed for the new indication; (B) (i) the sponsor of the approved or licensed drug files an application or a supplemental application for approval of the new indication for use of the drug to prevent, diagnose, or treat the rare disease or condition; and (ii) the Secretary approves the application or supplemental application; and (C) the application or supplemental application for the new indication contains the consent of the applicant to notice being given by the Secretary under paragraph (4) respecting the designation of the drug. (2) Revocation of designation (A) In general Except as provided in subparagraph (B), a designation under this subsection shall not be revoked for any reason. (B) Exception The Secretary may revoke a designation of a drug under paragraph (1) if the Secretary finds that the application or supplemental application resulting in such designation contained an untrue statement of material fact. (3) Notification prior to discontinuance of production for solely commercial reasons A designation of a drug under paragraph (1) shall be subject to the condition that the sponsor of the drug will notify the Secretary of any discontinuance of the production of the drug for solely commercial reasons at least one year before such discontinuance. (4) Notice to public Notice respecting the designation of a drug under paragraph (1) shall be made available to the public. (b) Extension If the Secretary designates a drug as a drug approved for a new indication for a rare disease or condition, as described in subsection (a)(1)— (1) (A) the 4-, 5-, and seven and one-half year periods described in subsections (c)(3)(E)(ii) and (j)(5)(F)(ii) of section 505, the 3-year periods described in clauses (iii) and (iv) of subsection (c)(3)(E) and clauses (iii) and (iv) of subsection (j)(5)(F) of section 505, and the 7-year period described in section 527, as applicable, shall be extended by 6 months; or (B) the 4- and 12-year periods described in subparagraphs (A) and (B) of section 351(k)(7) of the Public Health Service Act and the 7-year period described in section 527, as applicable, shall be extended by 6 months; and (2) if, at the time a drug is designated under subsection (a)(1)— (A) the drug is the subject of a listed patent for which a certification has been submitted under subsection (b)(2)(A)(ii) or (j)(2)(A)(vii)(II) of section 505 or a listed patent for which a certification has been submitted under subsections (b)(2)(A)(iii) or (j)(2)(A)(vii)(III) of section 505, the period during which an application may not be approved under section 505(c)(3) or section 505(j)(5)(B) shall be extended by a period of 6 months after the date the patent expires (including any patent extensions); or (B) the drug is the subject of a listed patent for which a certification has been submitted under subsection (b)(2)(A)(iv) or (j)(2)(A)(vii)(IV) of section 505, and in the patent infringement litigation resulting from the certification the court determines that the patent is valid and would be infringed, the period during which an application may not be approved under section 505(c)(3) or section 505(j)(5)(B) shall be extended by a period of 6 months after the date the patent expires (including any patent extensions). (c) Relation to pediatric and qualified infectious disease product exclusivity Any extension under subsection (b) of a period shall be in addition to any extension of the periods under sections 505A and 505E of this Act and section 351(m) of the Public Health Service Act, as applicable, with respect to the drug. (d) Limitations The extension described in subsection (b) shall not apply if the drug designated under subsection (a)(1) has previously received an extension by operation of subsection (b). (e) Regulations (1) In general Not later than 2 years after the date of enactment of this section, the Secretary shall adopt final regulations implementing this section. (2) Procedure In promulgating a regulation implementing this section, the Secretary shall— (A) issue a notice of proposed rulemaking that includes the proposed regulation; (B) provide a period of not less than 60 days for comments on the proposed regulation; and (C) publish the final regulation not less than 30 days before the effective date of the regulation. (3) Restrictions Notwithstanding any other provision of law, the Secretary shall promulgate regulations implementing this section only as described in paragraph (2), except that the Secretary may issue interim guidance for sponsors seeking to submit an application or supplemental application described in subsection (a) prior to the promulgation of such regulations. (4) Designation prior to regulations The Secretary shall designate drugs under subsection (a) prior to the promulgation of regulations under this subsection, if such drugs meet the criteria described in subsection (a). (f) Definition In this section, the term rare disease or condition has the meaning given to such term in section 526(a)(2). . (b) Application Section 505F of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a), applies only with respect to a drug for which an application or supplemental application described in subsection (a)(1)(B)(i) of such section 505F is first approved under section 505(c) of such Act ( 21 U.S.C. 355(c) ) or section 351(a) of the Public Health Service Act ( 42 U.S.C. 262(a) ) on or after the date of the enactment of this Act. (c) Conforming amendments (1) Relation to pediatric exclusivity for drugs Section 505A of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355a ) is amended— (A) in subsection (b), by adding at the end the following: (3) Relation to exclusivity for a drug approved for a new indication for a rare disease or condition Notwithstanding the references in subsection (b)(1) to the lengths of the exclusivity periods after application of pediatric exclusivity, the 6-month extensions described in subsection (b)(1) shall be in addition to any extensions under section 505F. ; and (B) in subsection (c), by adding at the end the following: (3) Relation to exclusivity for a drug approved for a new indication for a rare disease or condition Notwithstanding the references in subsection (c)(1) to the lengths of the exclusivity periods after application of pediatric exclusivity, the 6-month extensions described in subsection (c)(1) shall be in addition to any extensions under section 505F. . (2) Relation to exclusivity for new qualified infectious disease products that are drugs Subsection (b) of section 505E of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355f ) is amended— (A) by amending the subsection heading to read as follows: Relation to pediatric exclusivity and exclusivity for a drug approved for a new indication for a rare disease or condition ; and (B) by striking any extension of the period under section 505A and inserting any extension of the periods under sections 505A or 505F . (3) Relation to pediatric exclusivity for biological products Section 351(m) of the Public Health Service Act ( 42 U.S.C. 262(m) ) is amended by adding at the end the following: (5) Relation to exclusivity for a biological product approved for a new indication for a rare disease or condition Notwithstanding the references in paragraphs (2)(A), (2)(B), (3)(A), and (3)(B) to the lengths of the exclusivity periods after application of pediatric exclusivity, the 6-month extensions described in such paragraphs shall be in addition to any extensions under section 505F. .
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113-hr-5751
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I 113th CONGRESS 2d Session H. R. 5751 IN THE HOUSE OF REPRESENTATIVES November 20, 2014 Mr. Cartwright (for himself, Mr. George Miller of California , Mr. Courtney , Mr. Rahall , and Mr. Scott of Virginia ) introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To ensure that claims for benefits under the Black Lung Benefits Act are processed in a fair and timely manner, to better protect miners from pneumoconiosis (commonly known as black lung disease ), and for other purposes.
1. Short title This Act may be cited as the Black Lung Benefits Improvement Act of 2014 . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Findings. Title I—Black lung benefits Part A—Improving the process for filing and adjudicating claims for benefits Sec. 101. Mandatory disclosure of medical information and reports. Sec. 102. Legal fees. Sec. 103. Clarifying eligibility for black lung benefits. Sec. 104. Restoring adequate benefit adjustments for miners suffering from black lung disease and for their dependent family members. Sec. 105. Treatment of evidence in equipoise. Sec. 106. Providing assistance with claims for miners and their dependent family members. Sec. 107. False statements or misrepresentations, attorney disqualification, and discovery sanctions. Sec. 108. Development of medical evidence by the Secretary. Sec. 109. Establishment of pilot program to provide impartial classifications of chest radiographs. Sec. 110. Medical evidence training program. Sec. 111. Technical and conforming amendments. Sec. 112. Readjudicating cases involving certain chest radiographs. Part B—Reports To improve the administration of benefits under the Black Lung Benefits Act Sec. 113. Strategy to reduce delays in adjudication. Sec. 114. GAO report on black lung program. Title II—Standard for respirable dust concentration Sec. 201. Standard for respirable dust concentration. Title III—Establishing the Office of Workers' Compensation Programs Sec. 301. Office of Workers' Compensation Programs. Title IV—Severability Sec. 401. Severability. 3. Findings Congress finds the following: (1) The Black Lung Benefits Act ( 30 U.S.C. 901 et seq. ) was enacted to provide health care and modest benefits to coal miners who develop pneumoconiosis (referred to in this section as black lung disease ) resulting from exposure to coal dust during their employment. Yet the determination of a claimant's eligibility for these benefits often requires complex, adversarial litigation. Resource disparities between coal companies and such claimants are widespread within the statutory and regulatory framework of such Act. Comprehensive reforms are necessary to ensure that coal miners are not at a disadvantage when filing claims for benefits. (2) The Government Accountability Office has found that many claimants under the Black Lung Benefits Act are not equipped with the medical and legal resources necessary to develop evidence to meet the requirements for benefits. Miners often lack complete and reliable medical evidence, consequently increasing the risk that the individuals who review claims for benefits will be presented with insufficient medical evidence. Similarly, without better options for legal representation, significant numbers of such claimants proceed with their claims through a complex and potentially long administrative process without resources that Department of Labor officials and black lung disease experts note are important for developing evidence and supporting their claims. Only a quarter of claimants are represented by an attorney when filing a claim. Absent efforts to remedy administrative problems and address structural weaknesses in the process for obtaining benefits, claimants with meritorious claims will not receive benefits. (3) Full exchange and disclosure between the parties of relevant medical information is essential for fair adjudication of claims under the Black Lung Benefits Act, regardless of whether the parties intend to submit such information into evidence. Records of adjudications reveal that some mine operators’ legal representatives have withheld relevant evidence from claimants, administrative law judges, and, in some cases, even their own medical experts. In several cases, the disclosure of such evidence would have substantiated a miner’s claim for benefits. Withholding medical information can endanger miners by depriving them of important information about their own health and the potential need to seek medical treatment. (4) Given the remedial nature of the Black Lung Benefits Act, when an adjudicator determines that evidence is evenly balanced, it is appropriate for any resulting doubt to be resolved in favor of the claimant. The Supreme Court vacated this longstanding legal principle, not on substantive grounds, but because its application conflicted with the requirements of another statute. Such principle needs to be reinstated in the Black Lung Benefits Act because it provides fairness and improves the administration of benefits. (5) Physicians who read lung x-rays as part of pulmonary assessments used in proceedings for claims under the Black Lung Benefits Act are required to demonstrate competency in classifying chest radiographs by becoming certified as B Readers by the National Institute for Occupational Safety and Health (referred to in this section as NIOSH ). However, investigations have uncovered that there are NIOSH-certified B Readers who have systematically misclassified chest radiographs while employed by coal operators or their law firms for the purpose of opposing claims under such Act. In response, the Department of Labor has directed claims examiners not to credit negative chest x-ray readings for pneumoconiosis by one widely used physician employed at a prominent medical center unless the conclusions of such physician have been rehabilitated . Where chest radiographs are needed to establish entitlement to benefits, claimants should have access to accurate interpretations so as to ensure the fair adjudication of such claims. (6) As of the date of enactment of this Act, more than one year has passed since survivors were denied benefits on claims under the Black Lung Benefits Act that involved the consideration of chest radiograph interpretations rendered by a certain physician whose interpretations have since been determined by the Department of Labor to be generally not worthy of credit. Such survivors should be permitted to file a new claim for benefits under such Act. However, a survivor is effectively barred from filing a new claim one year after a decision regarding such benefits is final, constituting an injustice that merits a remedy. (7) Between the calendar years 2004 and 2014, a reduction in the number of administrative law judges in the Department of Labor, coupled with a large increase in the number of cases filed under the Black Lung Benefits Act, cuts to nondefense discretionary spending, furloughs resulting from sequestration, and the 16-day shutdown of the Federal Government during the calendar year 2013, has created extensive delays in adjudicating claims under such Act and numerous other labor and employment laws. Due to the imbalance between resources and caseloads, it takes 429 days to assign a case to an administrative law judge and a typical claim under such Act remains unresolved for an average of 42 months prior to a decision by an administrative law judge. These delays directly and severely impact the lives of workers throughout the United States, placing an undue financial and emotional burden on the affected individuals and their families. (8) Contrary to the intent of Congress, benefits payments under the Black Lung Benefits Act do not automatically increase with the rising cost of living. Benefit payments are tied to the monthly pay rate for Federal employees in grade GS–2, step 1. In several of the fiscal years prior to the enactment of this Act, there was a pay freeze for Federal employees, which had the effect of eliminating cost-of-living adjustments for miners, surviving spouses, and dependents under the Black Lung Benefits Act during such years. (9) A competent assessment of medical information and testimony, which often involves multiple physicians disputing a diagnosis, is necessary in determining whether to award benefits under the Black Lung Benefits Act. To ensure that a determination regarding a claim for benefits under such Act is fair and accurate, regular training is needed regarding— (A) developments in pulmonary medicine relating to black lung disease; (B) medical evidence necessary to sustain claims for such benefits; and (C) the proper weight to be given to conflicting evidence. (10) Black lung disease has been the underlying or contributing cause of death of more than 76,000 miners since 1968. After decades of decline, the incidence of coal miners with black lung disease is on the rise. According to NIOSH, miners are developing advanced cases of the disease at younger ages. In response, the Department of Labor has taken important steps to combat the disease, including promulgating a rule that reduces the allowed concentration of coal dust and eliminates weaknesses in the current dust sampling system. Retrospective studies should be continued to determine whether revisions to the standards are necessary to eliminate the disease. I Black lung benefits A Improving the process for filing and adjudicating claims for benefits 101. Mandatory disclosure of medical information and reports Part A of the Black Lung Benefits Act ( 30 U.S.C. 901 et seq. ) is amended by adding at the end the following: 403. Mandatory medical information disclosure (a) Report In any claim for benefits under this title, an operator that requires a miner to submit to a medical examination regarding the miner’s respiratory or pulmonary condition shall, not later than 21 days after the miner has been examined, deliver to the claimant a complete copy of the examining physician’s report. The examining physician’s report shall— (1) be in writing; and (2) set out in detail the findings of such physician, including any diagnoses and conclusions, the results of any diagnostic imaging tests, and any other tests performed on the miner. (b) Disclosure In any claim for benefits under this title, each party shall provide all other parties in the proceeding with a copy of all medical information developed regarding the miner’s physical condition relating to such claim, even if the party does not intend to submit the information as evidence. Such medical information shall include the opinion of any examining physician, and any examining or nonexamining physician’s interpretations of radiographs or pathology. (c) Regulations The Secretary shall promulgate regulations regarding the disclosure of medical information under this section, and such regulations may establish sanctions for noncompliance with this section. . 102. Legal fees Part A of the Black Lung Benefits Act ( 30 U.S.C. 901 et seq. ), as amended by section 101, is further amended by adding at the end the following: 404. Attorneys' fee payment program (a) Program established (1) In general Not later than 180 days after the date of enactment of the Black Lung Benefits Improvement Act of 2014 , the Secretary shall establish an attorneys' fee payment program to pay attorneys' fees, using amounts from the fund, to the attorneys of claimants in qualifying claims. (2) Qualifying claim A qualifying claim for purposes of this section is a contested claim for benefits under this title for which a final order has not been entered within one year of the filing of the claim. (3) Use of payments from the fund Notwithstanding any other provision of law, amounts in the fund shall be available for payments authorized by the Secretary under this section. (b) Payments authorized (1) In general If a claimant for benefits under this title obtains an effective award for a qualifying claim before an administrative law judge, the Benefits Review Board established under section 21(b) of the Longshore and Harbor Workers' Compensation Act ( 33 U.S.C. 921(b) ), or a Federal court, and the judge, Board, or court approves attorneys’ fees for work done before it, the Secretary shall, through the program under this section, pay an amount of attorneys’ fees not to exceed $1,500 at each stage of the administrative and legal process. (2) Maximum The program established under this section shall not pay more than a total of $4,500 in attorneys’ fees for any single qualifying claim. (c) Reimbursement of funds In any case in which a qualifying claim results in a final order awarding compensation, the liable operator shall reimburse the fund for any fees paid under this section, subject to enforcement by the Secretary under section 424 and in the same manner as compensation orders are enforced under section 21(d) of the Longshore and Harbor Workers' Compensation Act ( 33 U.S.C. 921(d) ). (d) Additional program rules Nothing in this section shall limit or otherwise affect an operator's liability for any attorneys’ fees awarded by an administrative law judge, the Benefits Review Board, or a Federal court, that were not paid by the program under this section. Nothing in this section shall limit or otherwise affect the Secretary's authority to use amounts in the fund to pay approved attorneys’ fees in claims for benefits under this title for which a final order awarding compensation has been entered and the operator is unable to pay. (e) No recoupment of attorneys’ fees Any payment for attorneys’ fees made by the Secretary under this section shall not be recouped from the claimant or the claimant’s attorney. . 103. Clarifying eligibility for black lung benefits Section 411(c) of the Black Lung Benefits Act ( 30 U.S.C. 921(c) ) is amended by striking paragraphs (3) and (4) and inserting the following: (3) If x-ray, biopsy, autopsy, or other medically accepted and relevant test or procedure establishes that a miner is suffering or has suffered from a chronic dust disease of the lung, diagnosed as complicated pneumoconiosis or progressive massive fibrosis (pneumoconiosis that has formed an opacity, mass, or lesion greater than one centimeter in diameter), then there shall be an irrebuttable presumption that such miner is totally disabled due to pneumoconiosis, that the miner’s death was due to pneumoconiosis, or that at the time of death the miner was totally disabled by pneumoconiosis, as the case may be. A chest radiograph, which yields one or more large opacities (greater than one centimeter in diameter), and would be classified in category A, B, or C in the International Classification of Radiographs of Pneumoconioses by the International Labor Organization, shall be sufficient to invoke the presumption, in the absence of more probative evidence sufficient to establish that the etiology of a large opacity is not pneumoconiosis. (4) If a miner was employed for 15 years or more in one or more coal mines, and if there is a chest radiograph submitted in connection with the claim under this title of such miner or such miner’s surviving spouse, child, parent, brother, sister, or dependent and it is interpreted as negative with respect to the requirements of paragraph (3), and if other evidence demonstrates the existence of a totally disabling respiratory or pulmonary impairment, then there shall be a rebuttable presumption that such miner is totally disabled due to pneumoconiosis, that the miner’s death was due to pneumoconiosis, or that at the time of death the miner was totally disabled by pneumoconiosis. In the case of a living miner, a spouse's affidavit may not be used by itself to establish the presumption under this paragraph. The presumption under this paragraph may be rebutted only by establishing that such miner does not, or did not, have pneumoconiosis, or that no part of such miner's respiratory or pulmonary impairment was caused by pneumoconiosis. . 104. Restoring adequate benefit adjustments for miners suffering from black lung disease and for their dependent family members Section 412(a) of the Black Lung Benefits Act ( 30 U.S.C. 922(a) ) is amended by striking paragraph (1) and inserting the following: (1) In the case of total disability of a miner due to pneumoconiosis, the disabled miner shall be paid benefits during the disability— (A) for any calendar year preceding January 1, 2015, at a rate equal to 37 ½ percent of the monthly pay rate for Federal employees in grade GS–2, step 1; (B) for the calendar year beginning on January 1, 2015, at a rate of $7,980 per year, payable in 12 equal monthly payments; and (C) for each calendar year thereafter, at a rate equal to the amount under subparagraph (B) increased by an amount equal to any increase in the annual rate of the Consumer Price Index for Urban Wage Earners and Clerical Workers, as published by the Bureau of Labor Statistics. . 105. Treatment of evidence in equipoise Section 422 of the Black Lung Benefits Act ( 30 U.S.C. 932 ) is amended by adding at the end the following: (m) In determining the validity of a claim under this title, an adjudicator who finds that the evidence is evenly balanced on an issue shall resolve any resulting doubt in the claimant’s favor and find that the claimant has met the burden of persuasion on such issue. . 106. Providing assistance with claims for miners and their dependent family members Section 427(a) of the Black Lung Benefits Act ( 30 U.S.C. 937(a) ) is amended by striking the analysis, examination, and treatment and all that follows through coal miners. and inserting the analysis, examination, and treatment of respiratory and pulmonary impairments in active and inactive coal miners and for assistance on behalf of miners, spouses, dependents, and other family members with claims arising under this title. . 107. False statements or misrepresentations, attorney disqualification, and discovery sanctions Section 431 of the Black Lung Benefits Act ( 30 U.S.C. 941 ) is amended to read as follows: 431. False statements or misrepresentations, attorney disqualification, and discovery sanctions (a) In general No person, including any claimant, physician, operator, duly authorized agent of such operator, or employee of an insurance carrier, shall— (1) knowingly and willfully make a false statement or misrepresentation for the purpose of obtaining, increasing, reducing, denying, or terminating benefits under this title; or (2) threaten, coerce, intimidate, deceive, or knowingly mislead a party, representative, witness, potential witness, judge, or anyone participating in a proceeding regarding any matter related to a proceeding under this title. (b) Fine; imprisonment Any person who engages in the conduct described in subsection (a) shall, upon conviction, be subject to a fine in accordance with title 18, United States Code, imprisoned for not more than 5 years, or both. (c) Prompt investigation The United States Attorney for the district in which the conduct described in subsection (a) is alleged to have occurred shall make every reasonable effort to promptly investigate each complaint of a violation of such subsection. (d) Disqualification (1) In general An attorney or expert witness who engages in the conduct described in subsection (a) shall, in addition to the fine or imprisonment provided under subsection (b), be permanently disqualified from representing any party, or appearing in any proceeding, under this title. (2) Attorney disqualification In addition to the disqualification described in paragraph (1), the Secretary may disqualify an attorney from representing any party in a proceeding under this title for either a limited term or permanently, if the attorney— (A) engages in any action or behavior that is prejudicial to the fair and orderly conduct of such proceeding; or (B) is suspended or disbarred by any court of the United States, any State, or any territory, commonwealth, or possession of the United States with jurisdiction over the proceeding. (e) Discovery sanctions An administrative law judge may sanction a party who fails to comply with an order to compel discovery or disclosure, or to supplement earlier responses, in a proceeding under this title. These sanctions may include, as appropriate— (1) drawing an adverse inference against the noncomplying party on the facts relevant to the discovery or disclosure order; (2) limiting the noncomplying party’s claims, defenses, or right to introduce evidence; and (3) rendering a default decision against the noncomplying party. (f) Regulations The Secretary shall promulgate regulations that— (1) provide procedures for the disqualifications and sanctions under this section and are appropriate for all parties; and (2) distinguish between parties that are represented by an attorney and parties that are not represented by an attorney. . 108. Development of medical evidence by the Secretary Part C of the Black Lung Benefits Act ( 30 U.S.C. 931 et seq. ) is amended by adding at the end the following: 435. Development of medical evidence by the Secretary (a) Complete pulmonary evaluation Upon request by a claimant for benefits under this title, the Secretary shall provide the claimant an opportunity to substantiate the claim through a complete pulmonary evaluation of the miner that shall include— (1) an initial report, conducted by a qualified physician on the list provided under subsection (d), and in accordance with subsection (d)(5) and sections 402(f)(1)(D) and 413(b); and (2) if the conditions under subsection (b) are met, any supplemental medical evidence described in subsection (c). (b) Conditions for supplemental medical evidence The Secretary shall develop supplemental medical evidence, in accordance with subsection (c)— (1) for any claim in which the Secretary recommends an award of benefits based on the results of the initial report under subsection (a)(1) and a party opposing such award submits evidence that could be considered contrary to the findings of the Secretary; and (2) for any compensation case under this title heard by an administrative law judge, in which— (A) the Secretary has awarded benefits to the claimant; (B) the party opposing such award has submitted evidence not previously reviewed that could be considered contrary to the award under subparagraph (A); and (C) the claimant or, if the claimant is represented by an attorney, the claimant’s attorney consents to the Secretary developing supplemental medical evidence. (c) Process for supplemental medical evidence (1) In general Except as provided under paragraph (2), to develop supplemental medical evidence under conditions described in subsection (b), the Secretary shall request the physician who conducted the initial report under subsection (a)(1) to— (A) review any medical evidence submitted after such report or the most recent supplemental report, as appropriate; and (B) update his or her opinion in a supplemental report. (2) Alternative physician If such physician is no longer available or is unwilling to provide supplemental medical evidence under paragraph (1), the Secretary shall select another qualified physician to provide such evidence. (d) Qualified physicians for complete pulmonary evaluation and protections for suitability and potential conflicts of interest (1) Qualified physicians list The Secretary shall create and maintain a list of qualified physicians to be selected by a claimant to perform the complete pulmonary evaluation described in subsection (a). (2) Public availability The Secretary shall make the list under this subsection available to the public. (3) Annual evaluation Each year, the Secretary shall update such list by reviewing the suitability of the listed qualified physicians and assessing any potential conflicts of interest. (4) Criteria for suitability In determining whether a physician is suitable to be on the list under this subsection, the Secretary shall consult the National Practitioner Data Bank of the Department of Health and Human Services and assess reports of adverse licensure, certifications, hospital privilege, and professional society actions involving the physician. In no case shall such list include any physician— (A) who is not licensed to practice medicine in any State or any territory, commonwealth, or possession of the United States; (B) whose license is revoked by a medical licensing board of any State, territory, commonwealth, or possession of the United States; or (C) whose license is suspended by a medical licensing board of any State, territory, commonwealth, or possession of the United States. (5) Conflicts of interest The Secretary shall develop and implement policies and procedures to ensure that any actual or potential conflict of interest of qualified physicians on the list under this subsection, including both individual and organizational conflicts of interest, are disclosed to the Department, and to provide such disclosure to claimants. Such policies and procedures shall provide that, unless the claimant knowingly and with the benefit of full disclosure waives the following limitations, a physician shall not be used to perform a complete pulmonary medical evaluation under subsection (a) that is reimbursed pursuant to subsection (f), if— (A) such physician is employed by, under contract to, or otherwise providing services to a private party opposing the claim, a law firm or lawyer representing such opposing party, or an interested insurer or other interested third party; or (B) such physician has been retained by a private party opposing the claim, a law firm or lawyer representing such opposing party, or an interested insurer or other interested third party in the previous 24 months. (e) Record Upon receipt of any initial report or supplemental report under this section, the Secretary shall enter the report in the record and provide a copy of such report to all parties to the proceeding. (f) Expenses All expenses related to obtaining the medical evidence under this section shall be paid for by the fund. If a claimant receives a final award of benefits, the operator liable for payment of benefits, if any, shall reimburse the fund for such expenses, which shall include interest. . 109. Establishment of pilot program to provide impartial classifications of chest radiographs (a) Establishment Part C of the Black Lung Benefits Act ( 30 U.S.C. 931 et seq. ), as amended by section 108, is further amended by adding at the end the following: 436. Establishment of pilot program to provide impartial classifications of chest radiographs (a) Definitions In this section: (1) B Reader The term B Reader means an individual who— (A) has a valid license to practice medicine in not less than one State, territory, commonwealth, or possession of the United States; and (B) has demonstrated a proficiency, through an examination administered by the National Institute for Occupational Safety and Health, in classifying chest radiographs for findings consistent with pneumoconiosis using the International Classification of Radiographs of Pneumoconioses by the International Labor Organization (ILO). (2) B Reader Panel The term B Reader Panel means a panel of not less than 3 B Readers selected by the Director exclusively from the B Reader Panel Pool. (3) Director The term Director means the Director of the National Institute for Occupational Safety and Health. (4) ILO classification The term ILO classification means the standardized categorization of chest radiographs for findings consistent with pneumoconiosis using the International Classification of Radiographs of Pneumoconioses by the International Labor Organization. (5) B Reader Panel Pool The term B Reader Panel Pool means the group of physicians included in the pool described in subsection (c). (b) B Reader Panel Program (1) Establishment of pilot program (A) In general The Director shall establish, in the National Institute for Occupational Safety and Health, a pilot program to be known as the B Reader Panel Program . The B Reader Panel Program shall establish B Reader Panels that— (i) are operated in a manner to assure accurate ILO classifications, which may be used for claims for benefits described in subparagraph (C); (ii) only classify chest radiographs; and (iii) classify all appearances described in the International Classification of Radiographs of Pneumoconiosis or illustrated by the ILO Standard Radiographs. (B) Duration The B Reader Panel Program established under this section shall be conducted for a duration of one year, beginning after the issuance of necessary protocols and interim final rules under subsection (h). (C) Applicability A chest radiograph classification may only be requested under this section for a claim for benefits under this title where the presence or absence of complicated pneumoconiosis or progressive massive fibrosis (large opacities greater than or equal to category A of the ILO classification) is in fact at issue. (2) Program personnel matters (A) In general The Director may hire such personnel as are necessary to establish, manage, and evaluate the B Reader Panel Program, including a B Reader Program Director described in subparagraph (B). (B) B Reader Program Director The B Reader Program Director shall be a physician who is a B Reader and has documented expertise in ILO classifications. (C) Staff (i) In general In procuring the services of B Readers for this section, the Director may hire Federal personnel, contract for services, or both. (ii) Compensation The Director shall establish compensation rates for B Readers who are hired under contract. (3) Ethics policy (A) Code of ethics (i) In general In order to maximize the quality, objectivity, and confidence in ILO classifications under this section, the Director shall establish a binding code of ethics to which all B Readers in the B Reader Panel Pool shall agree to in writing and adhere. (ii) Contents The code of ethics shall include— (I) definitions and stipulations of procedures dealing with actual and apparent conflicts of interest and the appearance of bias or lack of sufficient impartiality; (II) a requirement that each such B Reader submits a conflict of interest disclosure statement to the Director and annually updates such statement; and (III) requirements for the content of the conflict of interest disclosure statements required under subclause (II). (B) B Reader ethics officer The Director shall designate an employee of the National Institute for Occupational Safety and Health as the B Reader Ethics Officer whose responsibilities shall include— (i) reviewing all conflict of interest disclosures of B Readers on the B Reader Panel Pool; (ii) investigating the validity of such disclosures; (iii) maintaining a list of such B Readers who fail to disclose a conflict of interest; (iv) addressing complaints about incomplete or inaccurate conflict of interest disclosures; (v) assessing whether any such B Reader has been improperly assigned to a panel due to a conflict of interest; and (vi) assuring full transparency of conflict of interest disclosures to the public. (4) Quality assurance program (A) Protocols (i) Establishment The Director shall establish a quality assurance program consisting of protocols to ensure that the results produced by B Reader Panels meet or exceed standards of performance required for accuracy and consistency. (ii) Protocols The protocols under this subparagraph shall include protocols— (I) for each B Reader to prepare an individual ILO classification report for each chest radiograph; and (II) for the preparation of a final ILO classification report for the chest radiograph. (iii) Additional reviewers If individual ILO classifications reported by each B Reader of a B Reader Panel diverge from each other by more than an acceptable variance, as determined by protocols established under subsection (h), the Director shall assign additional B Readers to the applicable B Reader Panel or convene an additional B Reader Panel, as the Director determines necessary, to assure that the ILO classification report of the initial B Reader Panel is accurate and scientifically valid. (iv) Use of known positive and negative x-rays as a quality control tool The quality assurance program under this paragraph shall use pre-read radiographs, for which ILO classifications have been previously established as external standards, with sufficient frequency in order to assure that B Readers on B Reader Panels read radiographs that are borderline positive or negative for complicated pneumoconiosis or progressive massive fibrosis (large opacities greater than or equal to category A of the ILO classification) with accuracy and consistency. (v) Blind readings In reading a radiograph to make an ILO classification, a B Reader shall be blinded from the origin of the radiograph. (B) Continuous improvement The Director shall establish a process for providing feedback to B Readers in the B Reader Pool with respect to their performance in providing ILO classifications and provide suggestions for improvement. (c) Creation and maintenance of B Reader Panel Pool (1) Establishment The Director shall establish a B Reader Panel Pool to be used for the B Reader Panel Program under this section. The Director shall solicit and select physicians who are B Readers for inclusion in the B Reader Panel Pool. (2) Selection and retention for B Readers on B Reader Panel Pool (A) In general The Director shall establish and disclose criteria by which B Readers are selected and retained within the B Reader Panel Pool, including minimum standards of performance described in subparagraph (B). (B) Minimum standards of performance The minimum standards of performance for inclusion in the B Reader Panel Pool shall include requiring the B Reader to make radiograph classifications consistent with ILO classification criteria that are consistently within acceptable norms, as established by the Director. (C) Considerations for selection In selecting a B Reader to be included in the B Reader Panel Pool, the Director shall— (i) assess, to the maximum extent practicable, the prior performance of the B Reader in making ILO classifications; (ii) consult the National Practitioner Data Bank of the Department of Health and Human Services for information on physician suitability; and (iii) assess reports of adverse licensure, certifications, hospital privilege, and professional society actions involving the B Reader. (D) Monitoring The Director shall monitor ILO classifications conducted under this section to determine if any B Reader included in the B Reader Panel Pool demonstrates a pattern of providing ILO classifications that are erroneous or not consistently within the acceptable norms, as established by the Director. (3) Process for removal (A) In general The Director shall be authorized to suspend or remove any B Reader from the B Reader Panel Pool for— (i) consistently failing to meet the minimum standards of performance under paragraph (2)(B); (ii) breaching the code of ethics under subsection (b)(3)(A); or (iii) other disqualifying conduct, as established by rule or policy. (B) Review The Director shall provide a process for a B Reader who is aggrieved by a decision of the Director under subparagraph (A) to seek review by the Secretary of Health and Human Services. The review by such Secretary shall not stay the suspension of the B Reader during the pendency of the review. (4) Disclosure The Director shall make publicly accessible— (A) the names and qualifications of the B Readers included in the B Reader Panel Pool; (B) the names of B Readers who have been suspended or removed from the B Reader Panel Pool and the reasons for such suspension or removal; (C) the conflict of interest disclosure statements required under subsection (b)(3)(A)(ii)(II); and (D) any pertinent information which the Director determines necessary to assure transparency and program integrity. (d) Eligibility To request ILO classifications Each of the following individuals may request an ILO classification under this section: (1) Claimants or operators, or their authorized representatives, in a claim for benefits that meets the requirements of subsection (b)(1)(C). (2) Individuals defined as adjudication officers by regulations of the Secretary. (e) Timing of reports Following the receipt of a written request for the classification of a chest radiograph, the Director shall provide a report conducted by a B Reader Panel— (1) for digital chest radiographic images, within 45 days; and (2) for film-based chest radiographs, within 90 days. (f) Testimony (1) Availability of director or designee The Director, or a designee of the Director, shall be available to respond to interrogatories or appear and testify about a B Reader Panel's conclusions or the process by which B Reader Panels classify radiographs in a case under subsection (b)(1)(C), upon the request of a party to such case. (2) Interrogatories and subpoenas for B Readers To the extent that additional information is reasonably necessary for the full development of evidence pertaining to a B Reader Panel Report in a case under subsection (b)(1)(C), a B Reader of a B Reader Panel— (A) may be required to respond to interrogatories with respect to the ILO classification provided by the B Reader in the case, only if so ordered by an administrative law judge; and (B) may not be required to appear and testify under subpoena, unless the party making such request demonstrates to an administrative law judge that— (i) (I) the B Reader Panel Report is incomplete or lacks information that is reasonably necessary for such full development; and (II) if responses to interrogatories were ordered, the responses are unclear or incomplete; or (ii) there is an extraordinary circumstance in which additional information that is reasonably necessary for such full development is otherwise unavailable from the Director and can only be provided by such B Reader. (g) Administrative costs (1) Establishment Funds necessary to establish and operate the B Reader Panel Program under this section shall be paid as an administrative cost from the fund. The Director shall consult with the Secretary on allocations of funds in establishing such program. (2) Costs of reports for B Reader Panels (A) Fees (i) In general The Director shall establish a fee for a B Reader Panel Report in accordance with clause (ii). Such fee shall be payable by the party requesting such report. No fee shall be charged if the request for such ILO classification is made by an individual defined as an adjudication officer by regulations of the Secretary. (ii) Limitation The amount of a fee under clause (i) shall not exceed the direct cost of hiring the B Readers of the B Reader Panel that made the ILO classification. (B) Legal costs (i) In general The National Institute for Occupational Safety and Health shall use amounts in the fund to pay for all costs related to the appearance and responses to interrogatories of the Director or a designee of the Director, or a B Reader of a B Reader Panel, in a proceeding under this section. (ii) Representation of the National Institute for Occupational Safety and Health The General Counsel of the Department of Health and Human Services shall, in consultation with the Solicitor of Labor, represent the National Institute for Occupational Safety and Health in any proceeding under this section, which costs shall be payable from the fund. (h) Protocols and interim final rules Not later than 180 days after the date of enactment of the Black Lung Benefits Improvement Act of 2014 , the Secretary of Health and Human Services shall issue protocols and promulgate interim final rules, as necessary, to commence the implementation of this section. (i) Report to Congress (1) In general Not later than 30 days after the completion of the pilot program under this section, the Director shall, in consultation with the Secretary of Labor, prepare and submit a report 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 that includes the information in paragraph (2). (2) Contents The report under this subsection shall include— (A) the number of B Reader Panels established under this section; (B) the number of B Readers participating in the pilot program under this section; (C) the effectiveness of the quality assurance program under subsection (b)(4); (D) the accuracy of the ILO classifications conducted by B Readers under this section; (E) challenges in the administration and implementation of such pilot program; (F) the costs and revenues of such pilot program; (G) the impact of the pilot program on the claims adjudication process; (H) a recommendation on whether the pilot program under this section should extend beyond the one-year duration under subsection (b)(1)(B); and (I) recommendations for any necessary modifications to such pilot program, if the Director recommends such an extension. . (b) Conforming amendment related to deposit of fees Section 9501(b) of the Internal Revenue Code of 1986 ( 26 U.S.C. 9501(b) ) is amended by adding at the end the following new paragraph: (3) Certain fees Amounts collected as fees authorized under section 436(g)(2)(A) of the Black Lung Benefits Act. . 110. Medical evidence training program Part C of the Black Lung Benefits Act ( 30 U.S.C. 931 et seq. ), as amended by sections 108 and 109, is further amended by adding at the end the following: 437. Medical evidence training program (a) In general Not later than 60 days after the date of enactment of the Black Lung Benefits Improvement Act of 2014 , the Secretary, in coordination with the National Institute for Occupational Safety and Health, shall establish and implement a training program, to provide education on issues relating to medical evidence relevant to claims for benefits under this title, to each of the following individuals who engage in work under this title: (1) District directors. (2) Claims examiners working under such directors. (3) Administrative law judges and attorney advisors supporting such judges. (4) Members of the Benefits Review Board established under section 21(b) of the Longshore and Harbor Workers' Compensation Act ( 33 U.S.C. 921(b) ). (b) Training program topics The training program under this section shall provide an overview of topics that include— (1) new developments in pulmonary medicine relating to pneumoconiosis; (2) medical evidence, and other relevant evidence, sufficient to support a claim for benefits under this title; and (3) weighing conflicting medical evidence and testimony concerning eligibility for such benefits. (c) Timing of training (1) Individuals hired or appointed prior to the Black Lung Benefits Improvement Act of 2014 Any district director, claims examiner, administrative law judge, attorney advisor supporting such judge, or member of the Benefits Review Board described in subsection (a)(4), who was hired or appointed prior to the date of enactment of the Black Lung Benefits Improvement Act of 2014 shall complete the training program under this section not later than 60 days after the establishment of such program under subsection (a) and not less than annually thereafter. (2) Individuals hired or appointed after the Black Lung Benefits Improvement Act of 2014 Any district director, claims examiner, administrative law judge, attorney advisor supporting such judge, or member of the Benefits Review Board described in subsection (a)(4), who is not described in paragraph (1) shall complete the training program under this section prior to engaging in any work under this title and not less than annually thereafter. . 111. Technical and conforming amendments The Black Lung Benefits Act ( 30 U.S.C. 901 et seq. ) is amended— (1) in section 401(a) ( 30 U.S.C. 901(a) ), by inserting or who were found to be totally disabled by such disease after such disease ; (2) in section 402— (A) in subsection (a), by striking paragraph (2) and inserting the following: (2) a spouse who is a member of the same household as the miner, or is receiving regular contributions from the miner for support, or whose spouse is a miner who has been ordered by a court to contribute to support, or who meets the requirements of paragraph (1) or (2) of section 216(b) of the Social Security Act or paragraph (1) or (2) of section 216(f) of such Act. An individual is the spouse of a miner when such individual is legally married to the miner under the laws of the State where the marriage was celebrated. The term spouse also includes a divorced wife or divorced husband , as such terms are defined in paragraph (1) or (4) of section 216(d) of such Act, who is receiving at least one-half of his or her support, as determined in accordance with regulations prescribed by the Secretary, from the miner, or is receiving substantial contributions from the miner (pursuant to a written agreement), or there is in effect a court order for substantial contributions to the spouse’s support from such miner. ; (B) by striking subsection (e) and inserting the following: (e) The term surviving spouse includes the spouse living with or dependent for support on the miner at the time of the miner’s death, or living apart for reasonable cause or because of the miner’s desertion, or who meets the requirements of subparagraph (A), (B), (C), (D), or (E) of section 216(c)(1) of the Social Security Act, subparagraph (A), (B), (C), (D), or (E) of section 216(g)(1) of such Act, or section 216(k) of such Act, who is not married. An individual is the surviving spouse of a miner when legally married at the time of the miner’s death under the laws of the State where the marriage was celebrated. Such term also includes a surviving divorced wife or surviving divorced husband , as such terms are defined in paragraph (2) or (5) of section 216(d) of such Act who for the month preceding the month in which the miner died, was receiving at least one-half of his or her support, as determined in accordance with regulations prescribed by the Secretary, from the miner, or was receiving substantial contributions from the miner (pursuant to a written agreement) or there was in effect a court order for substantial contributions to the spouse’s support from the miner at the time of the miner’s death. ; (C) in subsection (g)— (i) in paragraph (2)(B)(ii), by striking he ceased and inserting the individual ceased ; and (ii) in the matter following paragraph (2)(C), by striking widow each place it appears and inserting surviving spouse ; (D) in subsection (h), by striking Internal Revenue Code of 1954 and inserting Internal Revenue Code of 1986 ; and (E) in subsection (i), by striking Internal Revenue Code of 1954 and inserting Internal Revenue Code of 1986 ; (3) in section 411 ( 30 U.S.C. 921 )— (A) by striking subsection (a) and inserting the following: (a) The Secretary shall, in accordance with the provisions of this title, and the regulations promulgated by the Secretary under this title, make payments of benefits in respect of— (1) total disability of any miner due to pneumoconiosis; (2) the death of any miner whose death was due to pneumoconiosis; (3) total disability of any miner at the time of the miner’s death with respect to a claim filed under part C prior to January 1, 1982; (4) survivors’ benefits for any claim filed after January 1, 2005, that is pending on or after March 23, 2010, where the miner is found entitled to receive benefits at the time of the miner’s death as a result of the miner’s claim filed under part C; and (5) survivors’ benefits where the miner is found entitled to receive benefits at the time of the miner’s death resulting from the miner’s claim filed under part C before January 1, 1982. ; and (B) in subsection (c)— (i) in paragraph (1), by striking his pneumoconiosis and inserting the miner’s pneumoconiosis ; and (ii) in paragraph (2), by striking his death and inserting the miner’s death ; (4) in section 412 ( 30 U.S.C. 922 )— (A) in subsection (a)— (i) by striking paragraph (2) and inserting the following: (2) In the case of a surviving spouse— (A) of a miner whose death is due to pneumoconiosis; (B) in a claim filed after January 1, 2005, and that is pending on or after March 23, 2010, of a miner who is found entitled to receive benefits at the time of the miner’s death as a result of the miner’s claim filed under part C; (C) of a miner who is found entitled to receive benefits at the time of the miner’s death as a result of the miner’s claim filed under part C before January 1, 1982; or (D) in a claim filed under part C before January 1, 1982, of a miner who was totally disabled by pneumoconiosis at the time of the miner’s death, benefits shall be paid to the miner’s surviving spouse at the rate the deceased miner would receive such benefits if he were totally disabled. ; (ii) in paragraph (3)— (I) by striking (3) In the case and all that follows through section 411(c) and inserting the following: (3)(A) In the case of the child or children of a miner described in subparagraph (B) ; (II) by striking he each place it appears and inserting the child ; (III) by striking widow each place it appears and inserting “surviving spouse”; and (IV) by adding at the end the following: (B) Subparagraph (A) shall apply in the case of any child or children— (i) of a miner whose death is due to pneumoconiosis; (ii) in a claim filed after January 1, 2005, that is pending on or after March 23, 2010, of a miner who is found entitled to receive benefits at the time of the miner’s death as a result of the miner’s claim filed under part C; (iii) of a miner who is found entitled to receive benefits at the time of the miner’s death as a result of the miner’s claim filed under part C before January 1, 1982; (iv) in a claim filed under part C before January 1, 1982, of a miner who was totally disabled by pneumoconiosis at the time of the miner’s death; (v) of a surviving spouse who is found entitled to receive benefits under this part at the time of the surviving spouse’s death; or (vi) entitled to the payment of benefits under paragraph (5) of section 411(c). ; and (iii) in paragraph (5)— (I) by striking the first sentence and inserting the following: In the case of the dependent parent or parents of a miner who is not survived at the time of death by a surviving spouse or a child and (i) whose death is due to pneumoconiosis, (ii) in a claim filed after January 1, 2005, that is pending on or after March 23, 2010, who is found entitled to receive benefits at the time of his the miner’s death as a result of the miner’s claim filed under part C, (iii) who is found entitled to receive benefits at the time of his death as a result of the miner’s claim filed under part C before January 1, 1982, or (iv) in a claim filed under part C before January 1, 1982, who was totally disabled by pneumoconiosis at the time of the miner’s death; in the case of the dependent surviving brother(s) or sister(s) of such a miner who is not survived at the time of the miner’s death by a surviving spouse, child, or parent; in the case of the dependent parent or parents of a miner (who is not survived at the time of the miner’s death by a surviving spouse or child) who are entitled to the payment of benefits under paragraph (5) of section 411(c); or in the case of the dependent surviving brother(s) or sister(s) of a miner (who is not survived at the time of the miner’s death by a surviving spouse, child, or parent) who are entitled to the payment of benefits under paragraph (5) of section 411(c), benefits shall be paid under this part to such parent(s), or to such brother(s), or sister(s), at the rate specified in paragraph (3) (as if such parent(s) or such brother(s) or sister(s), were the children of such miner). ; (II) in the fourth sentence— (aa) by striking brother only if he and inserting brother or sister only if the brother or sister ; and (bb) by striking before he ceased and inserting before the brother or sister ceased ; and (iv) in paragraph (6), by striking prescribed by him and inserting prescribed by such Secretary ; (B) in subsection (b)— (i) by striking his each place it appears and inserting such miner’s ; and (ii) by striking widow each place it appears and inserting surviving spouse ; and (C) in subsection (c), by striking Internal Revenue Code of 1954 and inserting Internal Revenue Code of 1986 ; (5) in section 413 ( 30 U.S.C. 923 )— (A) in subsection (b)— (i) in the second sentence, by striking his wife’s affidavits and inserting affidavits of the miner’s spouse ; (ii) in the ninth sentence, by striking widow and inserting surviving spouse ; and (iii) by striking the last sentence; and (B) in subsection (c), by striking his claim and inserting the claim ; (6) in section 414 ( 30 U.S.C. 924 )— (A) in subsection (a)— (i) in paragraph (1), by striking widow, within six months after the death of her husband and inserting surviving spouse, within six months after the death of the miner ; and (ii) in paragraph (2)(C), by striking his and inserting the child’s ; and (B) in subsection (e)— (i) by striking widow and inserting surviving spouse ; and (ii) by striking his death and inserting the miner’s death ; (7) in section 415(a) ( 30 U.S.C. 925(a) )— (A) in paragraph (1), by striking Internal Revenue Code of 1954 and inserting Internal Revenue Code of 1986 ; and (B) in paragraph (2)— (i) by striking he and inserting such Secretary ; and (ii) by striking him and inserting such Secretary ; (8) in section 421 ( 30 U.S.C. 931 )— (A) in subsection (a), by striking widows and inserting spouses ; and (B) in subsection (b)(2)— (i) in the matter preceding subparagraph (A), by striking he and inserting such Secretary ; and (ii) in subparagraph (F), by striking promulgated by him and inserting promulgated by such Secretary ; (9) in section 422 ( 30 U.S.C. 932 )— (A) in subsection (a)— (i) by striking Internal Revenue Code of 1954 and inserting Internal Revenue Code of 1986 ; and (ii) by striking he and inserting such Secretary ; (B) in subsection (i)(4), by striking Internal Revenue Code of 1954 and inserting Internal Revenue Code of 1986 ; and (C) in subsection (j), by striking Internal Revenue Code of 1954 each place it appears and inserting Internal Revenue Code of 1986 ; (10) in section 423(a) ( 30 U.S.C. 933(a) ), by striking he and inserting such operator ; (11) in section 424(b) ( 30 U.S.C. 934(b) )— (A) in the matter following subparagraph (B) of paragraph (1), by striking him and inserting such operator ; (B) in paragraph (3), by striking Internal Revenue Code of 1954 each place it appears and inserting Internal Revenue Code of 1986 ; and (C) in paragraph (5), by striking Internal Revenue Code of 1954 and inserting Internal Revenue Code of 1986 ; (12) in section 428 ( 30 U.S.C. 938 )— (A) in subsection (a), by striking him and inserting such operator ; and (B) in subsection (b)— (i) in the first sentence, by striking he and inserting the miner ; (ii) in the third sentence, by striking he and inserting the Secretary ; (iii) in the ninth sentence— (I) by striking he each place it appears and inserting the Secretary ; and (II) by striking his and inserting the miner’s ; and (iv) in the tenth sentence, by striking he each place it appears and inserting the Secretary ; and (13) in section 430 ( 30 U.S.C. 940 )— (A) by striking 1977 and and inserting 1977, ; and (B) by striking 1981 and inserting 1981, and the Black Lung Benefits Improvement Act of 2014, and any amendments made after the date of enactment of such Act, . 112. Readjudicating cases involving certain chest radiographs (a) Definitions In this section: (1) Covered chest radiograph The term covered chest radiograph means a chest radiograph that was interpreted as negative for simple pneumoconiosis, complicated pneumoconiosis, or progressive massive fibrosis by a physician with respect to whom the Secretary has directed, in writing and after an evaluation by the Secretary, that such physician’s negative interpretations of chest radiographs not be credited, except where subsequently determined to be credible by the Secretary in evaluating a claim for benefits under the Black Lung Benefits Act (30 U.S.C. 901 et seq.). (2) Covered individual The term covered individual means an individual whose record for a claim for benefits under the Black Lung Benefits Act includes a covered chest radiograph. (3) Covered survivor The term covered survivor means an individual who— (A) is a survivor of a covered individual whose claim under the Black Lung Benefits Act was still pending at the time of the covered individual’s death; and (B) who continued to seek an award with respect to the covered individual’s claim after the covered individual’s death. (b) Claims A covered individual or a covered survivor whose claim for benefits under the Black Lung Benefits Act ( 30 U.S.C. 901 et seq. ) was denied prior to the enactment of this Act may file a new claim for benefits under this Act not later than one year after the date of enactment of this Act. (c) Adjudication on the merits (1) In general Any new claim filed under subsection (b) shall be adjudicated on the merits and shall not include consideration of a covered chest radiograph. (2) Covered survivor Any new claim filed under subsection (b) by a covered survivor shall be adjudicated as either a miner’s or a survivor’s claim depending upon the type of claim pending at the time of the covered individual’s death. (d) Time of payment (1) Miner’s claim If a claim, filed under subsection (b) and adjudicated under subsection (c) as a miner’s claim, results in an award of benefits, benefits shall be payable beginning with the month of the filing of the denied claim that had included in its record a covered chest radiograph. (2) Survivor’s claim If a claim, filed under subsection (b) and adjudicated under subsection (c) as a survivor’s claim, results in an award of benefits, benefits shall be payable beginning with the month of the miner’s death. (e) Contributing impact The Secretary shall have the discretion to deny a new claim under subsection (b) in circumstances where the party opposing such claim establishes through clear and convincing evidence that a covered chest radiograph did not contribute to the decision to deny benefits in all prior claims filed by the covered individual or the covered survivor. (f) Limitation on filing of new claims A new claim for benefits may be filed under subsection (b) only if the original claim was finally denied by a district director, an administrative law judge, or the Benefits Review Board established under section 21(b) of the Longshore and Harbor Workers' Compensation Act ( 33 U.S.C. 921(b) ). B Reports To improve the administration of benefits under the Black Lung Benefits Act 113. Strategy to reduce delays in adjudication (a) In general Not later than 90 days after the date of enactment of this Act, the Secretary of Labor shall submit to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Education and the Workforce and the Committee on Appropriations of the House of Representatives a comprehensive strategy to reduce the backlog of cases pending on such date of enactment before the Office of Administrative Law Judges of the Department of Labor. (b) Contents of strategy The strategy under this section shall provide information relating to— (1) the current and targeted pendency for each category of cases before the Office of Administrative Law Judges of the Department of Labor; (2) the number of administrative law judges, attorney advisors supporting such judges, support staff, and other resources necessary to achieve and maintain the targeted pendency for each category of such cases; (3) the necessary resources to improve efficiency and effectiveness, such as equipment for video conferences, training, use of reemployed annuitants, and administrative reforms; (4) the impact of sequestration, furloughs, and the Federal Government shutdown, which occurred from October 1 to October 16, 2013, on increasing administrative burdens and the backlog of cases pending before such office; and (5) with respect to claims filed under the Black Lung Benefits Act ( 30 U.S.C. 901 et seq. ), the necessary resources needed to reduce the average pendency of cases to less than 12 months from the date of receipt of the case to the date of disposition of such case. (c) Consultation In preparing such strategy, the Secretary of Labor shall consult with organizations that have ongoing interactions with the Office of Administrative Law Judges of the Department of Labor, including organizations that represent parties in cases under the Black Lung Benefits Act, the Longshore and Harbor Workers' Compensation Act ( 33 U.S.C. 901 et seq. ), and Federal statutes regarding whistleblowers, wages and hours for employees, and immigration. 114. GAO report on black lung program (a) In general Not later than one year after the date of enactment of this Act, the Comptroller General of the United States shall submit 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 a report on any barriers to health care faced by coal miners with pneumoconiosis. (b) Contents The report required under subsection (a) shall include— (1) an assessment of possible barriers to health care under the Black Lung Benefits Act (30 U.S.C. 901 et seq.) and the degree to which any barriers impact the ability of miners with legitimate medical needs, particularly such miners in rural areas, to access treatment for pneumoconiosis; (2) recommendations necessary to address issues, if any, relating to patient access to care under such Act; and (3) an evaluation of whether the benefit payments authorized under such Act, as amended by this Act, are sufficient to meet the expenses of disabled miners, surviving spouses, dependents, and other family members entitled to receive benefits under the Black Lung Benefits Act. II Standard for respirable dust concentration 201. Standard for respirable dust concentration Section 202 of the Federal Mine Safety and Health Act of 1977 ( 30 U.S.C. 842 ) is amended by adding at the end the following: (i) Reports (1) Retrospective study (A) In general Beginning on August 1, 2021, the Secretary shall conduct a retrospective study evaluating data collected using continuous personal dust monitors to determine whether to— (i) lower the applicable standard for respirable dust concentration to protect the health of miners; (ii) increase the frequency for taking samples of respirable dust concentration, using continuous personal dust monitors; (iii) modify the engineering controls and work practices used by mine operators to comply with the applicable standard for respirable dust concentration; and (iv) convert samples taken for shifts that are greater than 8 hours to an 8-hour equivalent concentration to more accurately assess the conditions of miners working on longer shifts. (B) Completion deadline By August 1, 2022, the Secretary shall complete the study required by subparagraph (A) and report the findings of such study 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. (2) Subsequent studies By August 1, 2025, and every 3 years thereafter, the Secretary shall conduct a new study as described in paragraph (1)(A) and report, by not later than one year after the commencement of the study, the findings of such study 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. (3) Revised standards If any report of the Secretary under this subsection concludes that the applicable standard for respirable dust concentration should be lowered to protect the health of miners, or that the incidence of pneumoconiosis among coal miners in the United States, as reported by the National Institute for Occupational Safety and Health, has not been reduced from such incidence prior to the implementation of the most recent applicable standard for respirable dust concentration, the Secretary shall, consistent with the requirements of this section and section 101, accordingly revise such standard and any applicable sampling or testing procedures not later than 24 months after the publication of such report of the Secretary under this subsection. . III Establishing the Office of Workers' Compensation Programs 301. Office of Workers' Compensation Programs (a) Establishment There shall be established, in the Department of Labor, an Office of Workers' Compensation Programs (referred to in this section as the Office ). (b) Director (1) In general The Office shall be directed by a Director for the Office of Workers' Compensation (referred to in this title as the Director ) who shall be appointed by the President, by and with the advice and consent of the Senate. (2) Duties The Director shall carry out all duties carried out by the Director for the Office of Workers' Compensation as of the day before the date of enactment of this Act. (c) Functions The functions of the Office on and after the date of enactment of this Act shall include the functions of the Office on the day before the date of enactment of this Act, including all of its personnel, assets, authorities, and liabilities. (d) References to Bureau of Employees' Compensation Reference in any other Federal law, Executive order, reorganization plan, rule, regulation, or delegation of authority, or any document of or relating to the Bureau of Employees' Compensation with regard to functions carried out by the Office of Workers' Compensation Programs, shall be deemed to refer to the Office of Workers' Compensation Programs. IV Severability 401. Severability If any provision of this Act, or an amendment made by this Act, or the application of such provision to any person or circumstance, is held to be invalid, the remainder of this Act, or an amendment made by this Act, or the application of such provision to other persons or circumstances, shall not be affected.
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113-hr-5752
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I 113th CONGRESS 2d Session H. R. 5752 IN THE HOUSE OF REPRESENTATIVES November 20, 2014 Mr. Gosar (for himself, Mr. Franks of Arizona , Mr. Lamborn , Mr. Cook , Mr. Stockman , Mr. Sherman , Mr. Salmon , Mr. Schweikert , Mr. Bridenstine , Mr. Stewart , Mr. DeSantis , Mr. Yoho , Mr. Duncan of South Carolina , Mr. Mulvaney , and Mr. Hurt ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To require the Secretary of State to offer rewards for information on the kidnapping and murder of James Foley, Peter Kassig, Steven Sotloff, or the kidnapping and murder of any other citizen of the United States by a foreign terrorist organization.
1. Rewards authorized (a) In general In accordance with the Rewards for Justice program authorized under section 36(b) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2708(b) ), the Secretary of State shall offer a reward to any individual who furnishes information leading to the arrest or conviction in any country of any individual for committing, conspiring or attempting to commit, or aiding or abetting in the commission of the kidnapping and murder of James Foley, Peter Kassig, Steven Sotloff, or the kidnapping and murder of any other citizen of the United States by a foreign terrorist organization. (b) Limitation The total amount of rewards offered under subsection (a) in connection with the kidnapping and murder of any one of the individuals named in such subsection or any other citizen of the United States described in such subsection may not exceed $5,000,000. (c) Foreign terrorist organization The term foreign terrorist organization means an organization designated by the Secretary of State as a foreign terrorist organization in accordance with section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).
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113-hr-5753
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I 113th CONGRESS 2d Session H. R. 5753 IN THE HOUSE OF REPRESENTATIVES November 20, 2014 Mr. Latta introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Safe Drinking Water Act to provide for the assessment and management of the risk of cyanotoxins in drinking water, and for other purposes.
1. Short title This Act may be cited as the Drinking Water Protection Act . 2. Amendment to the Safe Drinking Water Act (a) Amendment At the end of part E of the Safe Drinking Water Act ( 42 U.S.C. 300j et seq. ) add the following new section: 1459. Cyanotoxin risk assessment and management (a) Strategic plan (1) Development Not later than 90 days after the date of enactment of this section, the Administrator shall develop and submit to Congress a strategic plan for assessing and managing risks associated with cyanotoxins in drinking water provided by public water systems. The strategic plan shall include steps and timelines to— (A) evaluate the risk to human health from drinking water provided by public water systems contaminated with cyanotoxins; (B) establish, publish, and update a comprehensive list of cyanotoxins determined by the Administrator to be harmful to human health when present in drinking water provided by public water systems; (C) summarize— (i) the known adverse human health effects of cyanotoxins included on the list published under subparagraph (B) when present in drinking water provided by public water systems; and (ii) factors that cause cyanobacteria to proliferate and express toxins; (D) with respect to cyanotoxins included on the list published under subparagraph (B), determine whether to— (i) publish health advisories pursuant to section 1412(b)(1)(F) for such cyanotoxins in drinking water provided by public water systems; (ii) establish guidance regarding feasible analytical methods to quantify the presence of cyanotoxins; and (iii) establish guidance regarding the frequency of monitoring necessary to determine if such cyanotoxins are present in drinking water provided by public water systems; (E) recommend feasible treatment options, including procedures and equipment, to mitigate any adverse public health effects of cyanotoxins included on the list published under subparagraph (B); and (F) enter into cooperative agreements with, and provide technical assistance to, affected States and public water systems, as identified by the Administrator, for the purpose of managing risks associated with cyanotoxins included on the list published under subparagraph (B). (2) Updates The Administrator shall, as appropriate, update and submit to Congress the strategic plan developed under paragraph (1). (b) Information coordination In carrying out this section the Administrator shall— (1) identify gaps in the Agency’s understanding of cyanobacteria, including— (A) the human health effects of cyanotoxins included on the list published under subsection (a)(1)(B); and (B) methods and means of testing and monitoring for the presence of harmful cyanotoxins in source water of, or drinking water provided by, public water systems; (2) as appropriate, consult with— (A) other Federal agencies that— (i) examine or analyze cyanobacteria; or (ii) address public health concerns related to harmful algal blooms; (B) States; (C) operators of public water systems; (D) multinational agencies; (E) foreign governments; and (F) research and academic institutions; and (3) assemble and publish information from each Federal agency that has— (A) examined or analyzed cyanobacteria; or (B) addressed public health concerns related to harmful algal blooms. (c) Use of science The Administrator shall carry out this section in accordance with the requirements described in section 1412(b)(3)(A), as applicable. (d) Feasible For purposes of this section, the term feasible has the meaning given such term in section 1412(b)(4)(D). . (b) Report to Congress Not later than 90 days after the date of enactment of this Act, the Comptroller General of the United States shall prepare and submit to Congress a report that includes— (1) an inventory of funds— (A) expended by the United States, for each of fiscal years 2010 through 2014, to examine or analyze cyanobacteria or address public health concerns related to harmful algal blooms; and (B) that includes the specific purpose for which the funds were made available, the law under which the funds were authorized, and the Federal agency that received or spent the funds; and (2) recommended steps to reduce any duplication, and improve interagency coordination, of such expenditures.
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113-hr-5754
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I 113th CONGRESS 2d Session H. R. 5754 IN THE HOUSE OF REPRESENTATIVES November 20, 2014 Mr. Ryan of Wisconsin introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To establish the Commission on Evidence-Based Policymaking, and for other purposes.
1. Short title This Act may be cited as the Evidence-Based Policymaking Commission Act of 2014 . 2. Establishment There is established in the executive branch a commission to be known as the Commission on Evidence-Based Policymaking (in this Act referred to as the Commission ). 3. Members of the Commission (a) Number and appointment The Commission shall be comprised of 15 members as follows: (1) Three shall be appointed by the President, of whom— (A) 1 shall be an academic researcher, data expert, or have experience in program administration; (B) 1 shall have expertise in database management, confidentiality, and privacy matters; and (C) 1 shall be the Director of the Office of Management and Budget (or the Director’s designee); (2) Three shall be appointed by the Speaker of the House of Representatives, of whom— (A) 2 shall be academic researchers, data experts, or have experience in program administration; and (B) 1 shall have expertise in database management, confidentiality, and privacy matters. (3) Three shall be appointed by the Minority Leader of the House of Representatives, of whom— (A) 2 shall be academic researchers, data experts, or have experience in program administration; and (B) 1 shall have expertise in database management, confidentiality, and privacy matters. (4) Three shall be appointed by the Majority Leader of the Senate, of whom— (A) 2 shall be academic researchers, data experts, or have experience in program administration; and (B) 1 shall have expertise in database management, confidentiality, and privacy matters. (5) Three shall be appointed by the Minority Leader of the Senate, of whom— (A) 2 shall be academic researchers, data experts, or have experience in program administration; and (B) 1 shall have expertise in database management, confidentiality, and privacy matters. (b) Expertise In making appointments under this section, consideration should be given to individuals with expertise in economics, statistics, program evaluation, data security, confidentiality, or database management. (c) Chairperson and co-Chairperson The President shall select the chairperson of the Commission and the Speaker of the House of Representatives shall select the co-chairperson. (d) Timing of appointments Appointments to the Commission shall be made not later than 45 days after the date of enactment of this Act. (e) Terms; vacancies Each member shall be appointed for the duration of the Commission. Any vacancy in the Commission shall not affect its powers, and shall be filled in the manner in which the original appointment was made. (f) Compensation Members of the Commission shall serve without pay. (g) Travel expenses Each member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. 4. Duties of the Commission (a) Study of data The Commission shall conduct a comprehensive study of the data inventory, data infrastructure, and statistical protocols related to Federal policymaking and the statistical and programmatic agencies responsible for maintaining that data to— (1) determine the optimal arrangement for which administrative data on Federal programs and tax expenditures and related data series may be integrated and made available to facilitate program evaluation, policy-relevant research, and cost-benefit analyses by qualified researchers and institutions; (2) make recommendations on how data infrastructure and protocols should be modified to best fulfill the objectives identified in paragraph (1); and (3) make recommendations on how best to incorporate outcomes measurement, institutionalize randomized controlled trials, and rigorous impact analysis into program design. (b) Clearinghouse In undertaking the study required by subsection (a), the Commission shall consider if and how to create a clearinghouse for program and survey data, which shall include evaluation of— (1) what administrative datasets that are relevant for program evaluation and Federal policy-making should be included in a potential clearinghouse; (2) which survey datasets the administrative datasets identified in paragraph (1) may be linked to, in addition to linkages across administrative data series; (3) what are the legal and administrative barriers to including or linking these data series; (4) what data-sharing infrastructure should be used to facilitate data merging and access for research purposes; (5) how a clearinghouse could be self-funded; (6) which types of qualified researchers, officials, and institutions should have access to data; (7) what limitations should be placed on the use of data provided; (8) how to protect information and ensure individual privacy and confidentiality; (9) how the data and results of research can be used to inform program administrators and policymakers to improve program design; and (10) what incentives may facilitate interagency sharing of information to improve programmatic effectiveness and enhance data accuracy and comprehensiveness. (c) Report Upon the affirmative vote of at least three-quarters of the members of the Commission, the Commission shall submit to the President and Congress a detailed statement of its findings and conclusions as a result of the study required by subsection (a), together with its recommendations for such legislation or administrative actions as the Commission considers appropriate in light of the results of the study. (d) Deadline The report under subsection (c) shall be submitted not later than the date that is 15 months after the date a majority of the members of the Commission are appointed pursuant to section 3. (e) Definition In this section, the term administrative data means information, in whatever form, generated or collected by an agency in carrying out a Federal program, including any customer service measure, efficiency measure, milestone, outcome measure, or performance indicator, as those terms are defined in section 1115(h) of title 31, United States Code. 5. Operation and powers of the Commission (a) Administrative assistance The heads of the following agencies shall advise and consult with the Commission on matters within their respective areas of responsibility: (1) The Office of Management and Budget. (2) The Bureau of the Census. (3) The Internal Revenue Service. (4) The Bureau of Economic Analysis. (5) The Bureau of Labor Statistics. (6) The Department of Health and Human Services. (7) The Department of Agriculture. (8) The Department of Housing and Urban Development. (9) The Social Security Administration. (10) The Department of Education. (11) The Department of Justice. (12) Any other agency, as determined by the Commission. (b) Meetings The Commission shall meet not later than 30 days after the date upon which a majority of its members have been appointed and at such times thereafter as the chairperson or co-chairperson shall determine. (c) Rules of procedure The chairperson and co-chairperson shall, with the approval of a majority of the members of the Commission, establish written rules of procedure for the Commission, which shall include a quorum requirement to conduct the business of the Commission. (d) Hearings The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (e) Contracts Subject to the availability of appropriations, the Commission may contract with and compensate government and private agencies or persons for any purpose necessary to enable it to carry out this Act. (f) Mails The Commission may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. (g) Gifts The Commission may accept, use, and dispose of gifts or donations of services or property. (h) Census Bureau and NAPA Subject to the availability of appropriations, the Director of the Census shall contract with the National Academy of Public Administration to administer the Commission. (i) Funding (1) In general Subject to the availability of appropriations, at the request of the Director of the Census, the principal statistical agencies shall provide funds, in a total amount not to exceed $2,000,000, to the Director for purposes of funding the operations of the Commission. (2) Definition In this subsection, the term principal statistical agency has the meaning given that term in the report, published by the Office of Management and Budget, entitled Statistical Programs of the United States Government, Fiscal Year 2014 . 6. Personnel (a) Director The Commission shall have a Director who shall be appointed by the chairperson with the concurrence of the co-chairperson. The Director shall be paid at a rate of pay established by the chairperson and co-chairperson, not to exceed the annual rate of basic pay payable for level V of the Executive Schedule ( section 5316 of title 5, United States Code). (b) Staff The Director may appoint and fix the pay of additional staff as the Director considers appropriate. (c) Experts and Consultants The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not to exceed the daily equivalent of the annual rate of basic pay for a comparable position paid under the General Schedule. 7. Termination The Commission shall terminate not later than 18 months after the date of enactment of this Act.
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113-hr-5755
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I 113th CONGRESS 2d Session H. R. 5755 IN THE HOUSE OF REPRESENTATIVES November 20, 2014 Mr. Stockman (for himself and Mr. Bentivolio ) 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 withhold certain highway funds from a State that uses an automated traffic enforcement system on a Federal-aid highway.
1. Short title This Act may be cited as the Safer American Streets Act . 2. Withholding of funds for useage of automated traffic enforcement systems (a) Withholding of funds for usage of automated traffic enforcement systems Chapter 1 of title 23, United States Code, is amended by adding after section 156 the following: 157. Withholding of funds for usage of automated traffic enforcement systems (a) Withholding of funds for noncompliance (1) For fiscal year 2015 and thereafter Beginning on October 1, 2015, and every fiscal year thereafter, the Secretary shall withhold 10 percent of the amount required to be apportioned to any State under each of sections 104(b)(1), 104(b)(3), and 104(b)(4) of this title in which the State or any municipal government therein employs an automated traffic enforcement system on a Federal-aid highway. (2) Requirement A State meets the requirement of this paragraph if the State certifies not later than 90 days before the beginning of each fiscal year that neither the State nor any municipal government therein employs an automated traffic enforcement system on a Federal-aid highway. (b) Effect of withholding of funds No funds withheld under this section from apportionment to any State shall be available for apportionment to that State. (c) Definitions For purposes of this section— (1) Automated traffic enforcement system The term automated traffic enforcement system means equipment that takes a film or digital camera-based photograph which is linked with a system that can detect a moving infraction and synchronize the taking of a photograph with the occurrence of such an infraction. (2) Moving infraction The term moving infraction means any violation of State or local traffic law or ordinance committed by the driver of a vehicle while it is in motion. . (b) Clerical amendment The analysis for such chapter is amended by adding at the end the following: 157. Withholding of funds for usage of automated traffic enforcement systems. . 3. Prohibition on the use of automated traffic enforcement systems in the District of Columbia (a) Detection of a moving infraction The Mayor of the District of Columbia may not use an automated traffic enforcement system to detect a moving infraction in the District of Columbia. (b) Evidence of a moving infraction Information obtained through the use of an automated traffic enforcement system may not be used as proof in an administrative adjudication under title II of the Traffic Adjudication Act of 1978 (sec. 50–2302.01 et seq., D.C. Official Code). 4. Conforming amendment Title IX of the Fiscal Year 1997 Budget Support Temporary Amendment Act of 1996 (sec. 50–2209.01 et seq., D.C. Official Code) is repealed. 5. Definitions In this Act: (1) Automated traffic enforcement system The term automated traffic enforcement system means equipment that takes a film or digital camera-based photograph which is linked with a system that can detect a moving infraction and synchronize the taking of a photograph with the occurrence of such an infraction. (2) Moving infraction The term moving infraction means any conduct subject to administrative adjudication under title II of the Traffic Adjudication Act of 1978 and with respect to which the Attorney General of the District of Columbia does not commence a proceeding in the Superior Court of the District of Columbia.
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113-hr-5756
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I 113th CONGRESS 2d Session H. R. 5756 IN THE HOUSE OF REPRESENTATIVES November 20, 2014 Mr. Stockman introduced the following bill; which was referred to the Committee on Natural Resources A BILL To restore a public firearms range to the District of Columbia.
1. Short title This Act may be cited as the Heller Public Firearms Range Act of 2014 . 2. Congressional findings The Congress finds the following: (1) The right to keep and bear arms in the District of Columbia has been severely restricted for many years, resulting in citizens with firearms skills insufficient for proper safety. (2) The ability of the public to safely use firearms for hunting and self defense is dependent on sufficient opportunities for safety education and training. (3) The Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669 et seq. ) facilitates hunter and firearm safety education and training for all States. (4) Richard A. Heller of Washington, DC, has shown untiring energy and courage in pursuing Second Amendment rights for the citizens of the District of Columbia, resulting in the landmark Supreme Court decision in the case District of Columbia v. Heller (554 U.S. 570, 2008). 3. Amendments to the Pittman-Robertson Wildlife Restoration Act (a) Apportionment to District of Columbia Section 4(c) of the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669c(c) ) is amended by inserting the District of Columbia, after Puerto Rico, . (b) Cooperation and payment of funds Section 8A of such Act ( 16 U.S.C. 669g–1 ) is amended to read as follows: 8A. Cooperation and payment of funds (a) Cooperation and payment (1) In general The Secretary of the Interior— (A) may cooperate with the Secretary of Agriculture of Puerto Rico, the Mayor of the District of Columbia, the Governor of Guam, the Governor of American Samoa, the Governor of the Commonwealth of the Northern Mariana Islands, and the Governor of the Virgin Islands, in the conduct of wildlife restoration projects and hunter safety programs as provided by section 8(b), upon such terms and conditions as the Secretary deems fair, just, and equitable; and (B) subject to paragraph (2), may apportion to Puerto Rico, the District of Columbia, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Virgin Islands, out of the money available for apportionment under this Act, such sums as the Secretary shall determine, which shall not exceed, for any year— (i) for Puerto Rico and the District of Columbia, one-half of 1 percent of the total amount apportioned for the year; (ii) for Guam, one-sixth of 1 percent of such total amount apportioned; (iii) for American Samoa, one-sixth of 1 percent of such total amount apportioned; (iv) for the Commonwealth of the Northern Mariana Islands, one-sixth of 1 percent of such total amount apportioned; and (v) for the Virgin Islands, one-sixth of 1 percent of such total amount apportioned. (2) Limitation The Secretary shall not require any of such cooperating agencies to pay an amount that exceeds 25 percent of the cost of any project. (b) Unexpended and unobligated apportionments Any unexpended or unobligated balance of any apportionment made under this section— (1) shall be available for expenditure in Puerto Rico, the District of Columbia, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands, as applicable, in the succeeding year, on any approved project; and (2) if unexpended or unobligated at the end of such year may be made available for expenditure by the Secretary in carrying out the Migratory Bird Conservation Act (16 U.S.C. 715 et seq.). . (c) Additional apportionment to District of Columbia If before the date of the enactment of this Act the Secretary of the Interior makes an apportionment of funds under any of subsection (b) or (c) of section 4 or section 10(a) of such Act ( 16 U.S.C. 669c , 669h–1(a)) for the fiscal year in which this Act takes effect, the Secretary shall make an additional apportionment under that subsection or section, respectively, to the District of Columbia for the fiscal year in an amount equal to the amount that would have been apportioned to the District under that subsection or section, as applicable, if this Act were effective at the time of the preceding apportionment under that subsection or section. (d) Grant for construction and operation of indoor public target range for firearm users (1) In general The Secretary of the Interior shall use amounts in the Federal aid to wildlife restoration fund to make a grant in fiscal year 2015 to the Mayor of the District of Columbia for the construction and operation of an indoor public target range for firearms users in the District of Columbia. (2) Amount A grant under this subsection shall not exceed $750,000. (3) Range requirements The Secretary shall require that any target range constructed with a grant under this subsection shall include— (A) at least 10 firing lanes of at least 25 yards in length each; (B) classroom facilities for hunter and firearm safety education and training; (C) offices suitable for retail sales of firearms and ammunition by holders of Federal firearms licenses; (D) secure storage for firearms stocked by federally licensed firearm dealers and for purposes related to the operation of the range; and (E) such other amenities as are appropriate for a public firearms range. (4) Construction and operation by secretary If the Mayor of the District of Columbia fails to apply for such grant by not later than 90 days after the date of the enactment of this Act or fails to construct a target range with such a grant in accordance with this subsection by not later than one year after such date of enactment, the Secretary shall construct and operate an indoor public firearms target range on suitable Federal land within the District of Columbia using funds in the Federal aid to wildlife restoration fund, and the amount available for a grant under this subsection or from other sources. (5) Operating costs The ongoing costs of operation of such range constructed and operated by the District under this Act, or one constructed and operated by the Secretary under this Act, shall be paid— (A) through funds annually apportioned to the District of Columbia from the Federal aid to wildlife restoration fund, (B) through amounts apportioned to the District, pursuant to a grant, (C) by fees paid by users of the range, that shall be comparable to fees charged for use of public target ranges in the commercial market, and (D) by funds raised from the public.
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https://www.govinfo.gov/content/pkg/BILLS-113hr5756ih/xml/BILLS-113hr5756ih.xml
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