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113-hr-5757	I 113th CONGRESS 2d Session H. R. 5757 IN THE HOUSE OF REPRESENTATIVES November 20, 2014 Mr. Stockman introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To redesignate the Frances Perkins Department of Labor building located at 200 Constitution Ave., NW in Washington, DC as the Reed Larson Department of Labor Building . 1. Short title This Act may be cited as the Honoring Workers’ Rights Act . 2. Findings Congress finds the following: (a) Reed Larson was the driving force behind one of the greatest expansions of workers’ rights, the Right to Work. (b) The overwhelming majority of Americans and union workers agree no one should have to pay a union boss to get or keep a job. (c) Millions of workers around the country can now choose whether to join a union because of Reed Larson’s life work. (d) A union accountable to its members is a union that can better represent its members. 3. Reed Larson Department of Labor Building (a) Designation The Department of Labor building located at 200 Constitution Ave., NW in Washington, DC is redesignated as the Reed Larson Building . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referenced to subsection (a) shall be deemed to be a reference to the Reed Larson Department of Labor Building .	https://www.govinfo.gov/content/pkg/BILLS-113hr5757ih/xml/BILLS-113hr5757ih.xml
113-hr-5758	I 113th CONGRESS 2d Session H. R. 5758 IN THE HOUSE OF REPRESENTATIVES November 20, 2014 Mr. Luetkemeyer (for himself, Mr. Murphy of Florida , Mr. Hastings of Florida , and Mr. Stivers ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To provide requirements for the appropriate Federal banking agencies when requesting or ordering a depository institution to terminate a specific customer account, to provide for additional requirements related to subpoenas issued under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, and for other purposes. 1. Short title This Act may be cited as the Financial Institution Customer Protection Act of 2014 . 2. Requirements for deposit account termination requests and orders (a) Termination requests or orders must be material (1) In general An appropriate Federal banking agency may not suggest, request, or order a depository institution to terminate a specific customer account or to otherwise restrict or discourage a depository institution from entering into or maintaining a banking relationship with a specific customer unless— (A) the agency has a material reason for such suggestion, request, or order; and (B) such reason is not based solely on reputation risk. (2) Treatment of national security threats If an appropriate Federal banking agency believes a specific customer poses a threat to national security, including any belief that such customer is involved in terrorist financing, such belief shall satisfy the materiality requirement under paragraph (1)(A). (3) Rulemaking Not later than the end of the 60-day period beginning on the date of the enactment of this Act, the appropriate Federal banking agencies shall, jointly, issue regulations defining the term reputation risk for purposes of this section. (b) Notice requirement (1) In general If an appropriate Federal banking agency suggests, requests, or orders a depository institution to terminate a specific customer account, the agency shall— (A) provide such suggestion, request, or order to the institution in writing; and (B) accompany such suggestion, request, or order with a justification for why such termination is needed, including any specific laws or regulations the agency believes are being violated by the customer, if any. (2) Justification requirement A justification described under paragraph (1)(B) may not be based solely on the reputation risk to the depository institution. (c) Customer notice (1) Notice not required Nothing in this section shall be construed as requiring a depository institution or an appropriate Federal banking agency to inform a customer of the justification for the customer’s account termination described under subsection (b). (2) Notice prohibited in cases of national security If an appropriate Federal banking agency suggests, requests, or orders a depository institution to terminate a specific customer account based on a belief that the customer poses a threat to national security, neither the depository institution nor the appropriate Federal banking agency may inform the customer of the justification for the customer’s account termination. (d) Reporting requirement Each appropriate Federal banking agency shall issue an annual report to the Congress stating— (1) the aggregate number of specific customer accounts that the agency suggested, requested, or ordered a depository institution to terminate during the previous year; and (2) the legal authority under which the agency made such suggestions, requests, and orders. (e) Definitions For purposes of this section: (1) Appropriate Federal banking agency The term appropriate Federal banking agency means— (A) the appropriate Federal banking agency, as defined under section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ); and (B) the National Credit Union Administration, in the case of an insured credit union. (2) Depository institution The term depository institution means— (A) a depository institution, as defined under section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); and (B) an insured credit union. 3. Amendments to the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 Section 951 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1833a) is amended— (1) in subsection (c)(2), by striking affecting and inserting by or against ; and (2) in subsection (g)— (A) in the header, by striking subpoenas and inserting investigations ; and (B) by amending paragraph (1)(C) to read as follows: (C) summon witnesses and require the production of any books, papers, correspondence, memoranda, or other records which the Attorney General deems relevant or material to the inquiry, if the Attorney General— (i) requests a court order from a court of competent jurisdiction for such actions and offers specific and articulable facts showing that there are reasonable grounds to believe that the information or testimony sought is relevant and material for conducting an investigation under this section; or (ii) either personally or through delegation no lower than the Deputy Attorney General, issues and signs a subpoena for such actions and has reasonable grounds to believe that the information or testimony sought is relevant for conducting an investigation under this section. .	https://www.govinfo.gov/content/pkg/BILLS-113hr5758ih/xml/BILLS-113hr5758ih.xml
113-hr-5759	I 113th CONGRESS 2d Session H. R. 5759 IN THE HOUSE OF REPRESENTATIVES November 20, 2014 Mr. Yoho (for himself, Mr. Brooks of Alabama , Mr. LaMalfa , Mr. Gohmert , Mr. Long , and Mr. Palazzo ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To establish a rule of construction clarifying the limitations on executive authority to provide certain forms of immigration relief. 1. Short title This Act may be cited as the Executive Amnesty Prevention Act of 2014 . 2. Rule of construction (a) In general No provision of the United States Constitution, the Immigration and Nationality Act, or other Federal law shall be interpreted or applied to authorize the executive branch of the Government to exempt, by Executive order, regulation, or any other means, categories of persons unlawfully present in the United States from removal under the immigration laws (as such term is defined in section 101 of the Immigration and Nationality Act). Any action by the executive branch with the purpose of circumventing the objectives of this statute shall be null and void and without legal effect. (b) Effective date This Act shall have effect retroactively, and shall apply to any such exemption made at any time.	https://www.govinfo.gov/content/pkg/BILLS-113hr5759ih/xml/BILLS-113hr5759ih.xml
113-hr-5760	I 113th CONGRESS 2d Session H. R. 5760 IN THE HOUSE OF REPRESENTATIVES November 20, 2014 Mr. Barber introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to authorize the Secretary of Defense to provide seven person firing parties in the funeral honors details for World War II veterans. 1. Short title This Act may be cited as the Funeral Honors for World War II Veterans Act . 2. Authority for inclusion of seven person firing parties in funeral honors details provided by Secretary of Defense for World War II veterans (a) In general Section 1491(c) of title 10, United States Code, is amended by adding at the end the following new sentence: In the case of a veteran who served on active duty in the armed forces during World War II, the funeral honors detail may include a seven person firing party. . (b) Effective date The amendment made by subsection (a) shall apply with respect to deaths occurring after the date of the enactment of this Act.	https://www.govinfo.gov/content/pkg/BILLS-113hr5760ih/xml/BILLS-113hr5760ih.xml
113-hr-5761	I 113th CONGRESS 2d Session H. R. 5761 IN THE HOUSE OF REPRESENTATIVES November 20, 2014 Mr. Barletta introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to expand the definition of an unauthorized alien to include aliens who have not been admitted to and are not lawfully present in the United States, and for other purposes. 1. Short title This Act may be cited as the Defense of Legal Workers Act of 2014 . 2. Admission and lawful presence required for employment authorization Section 274A(h)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(h)(3) ) is amended— (1) by inserting before authorized to be so employed by this Act the following: an alien otherwise admitted to and lawfully present in the United States, and ; and (2) by inserting at the end the following: An alien without lawful status shall be considered to be an unauthorized alien for purposes of this Act. .	https://www.govinfo.gov/content/pkg/BILLS-113hr5761ih/xml/BILLS-113hr5761ih.xml
113-hr-5762	I 113th CONGRESS 2d Session H. R. 5762 IN THE HOUSE OF REPRESENTATIVES November 20, 2014 Mr. Blumenauer (for himself, Mr. Rohrabacher , Ms. Titus , Mr. Amash , Mr. Broun of Georgia , Mr. Jones , Mr. Massie , Mr. Farr , Mr. Polis , Mr. O’Rourke , Mr. Stockman , and Mr. Cohen ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To authorize Department of Veterans Affairs health care providers to provide recommendations and opinions to veterans regarding participation in State marijuana programs. 1. Short title This Act may be cited as the Veterans Equal Access Act of 2014 . 2. Provision by Department of Veterans Affairs health care providers of recommendations and opinions regarding veteran participation in State marijuana programs Notwithstanding any other provision of law, the Secretary of Veterans Affairs shall authorize physicians and other health care providers employed by the Department of Veterans Affairs to— (1) provide recommendations and opinions to veterans who are residents of States with State marijuana programs regarding the participation of veterans in such State marijuana programs; and (2) complete forms reflecting such recommendations and opinions.	https://www.govinfo.gov/content/pkg/BILLS-113hr5762ih/xml/BILLS-113hr5762ih.xml
113-hr-5763	I 113th CONGRESS 2d Session H. R. 5763 IN THE HOUSE OF REPRESENTATIVES November 20, 2014 Mr. Daines introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To designate the Department of Veterans Affairs clinic in Billings, Montana, as the Bear Root Department of Veterans Affairs Clinic . 1. Designation of Bear Root Department of Veterans Affairs Clinic (a) Designation The Department of Veterans Affairs clinic located at 1766 Majestic Lane in Billings, Montana, shall after the date of the enactment of this Act be known and designated as the Bear Root Department of Veterans Affairs Clinic . (b) References Any reference in any law, regulation, map, document, record, or other paper of the United States to the clinic referred to in subsection (a) shall be considered to be a reference to the Bear Root Department of Veterans Affairs Clinic .	https://www.govinfo.gov/content/pkg/BILLS-113hr5763ih/xml/BILLS-113hr5763ih.xml
113-hr-5764	I 113th CONGRESS 2d Session H. R. 5764 IN THE HOUSE OF REPRESENTATIVES November 20, 2014 Mr. Joyce (for himself, Ms. Slaughter , Mr. Levin , and Mr. Dingell ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To authorize the Great Lakes Restoration Initiative, and for other purposes. 1. Short title This Act may be cited as the Great Lakes Restoration Initiative Act of 2014 . 2. Great Lakes Restoration Initiative Section 118(c) of the Federal Water Pollution Control Act ( 33 U.S.C. 1268(c) ) is amended by striking paragraph (7) and inserting the following: (7) Great Lakes Restoration Initiative (A) Establishment There is established in the Agency a Great Lakes Restoration Initiative (referred to in this paragraph as the Initiative ) to carry out programs and projects for Great Lakes protection and restoration. (B) Focus areas The Initiative shall prioritize programs and projects carried out in coordination with non-Federal partners and programs and projects that address priority areas each fiscal year, including— (i) the remediation of toxic substances and areas of concern; (ii) the prevention and control of invasive species and the impacts of invasive species; (iii) the protection and restoration of nearshore health and the prevention and mitigation of nonpoint source pollution; (iv) habitat and wildlife protection and restoration, including wetlands restoration and preservation; and (v) accountability, monitoring, evaluation, communication, and partnership activities. (C) Projects Under the Initiative, the Agency shall collaborate with Federal partners, including the Great Lakes Interagency Task Force, to select the best combination of programs and projects for Great Lakes protection and restoration using appropriate principles and criteria, including whether a program or project provides— (i) the ability to achieve strategic and measurable environmental outcomes that implement the Great Lakes Action Plan and the Great Lakes Water Quality Agreement; (ii) the feasibility of— (I) prompt implementation; (II) timely achievement of results; and (III) resource leveraging; and (iii) the opportunity to improve interagency and inter-organizational coordination and collaboration to reduce duplication and streamline efforts. (D) Implementation of projects (i) In general Funds made available to carry out the Initiative shall be used to strategically implement— (I) Federal projects; and (II) projects carried out in coordination with States, Indian tribes, municipalities, institutions of higher education, and other organizations. (ii) Transfer of funds With amounts made available for the Initiative each fiscal year, the Administrator may— (I) transfer not more than $300,000,000 to the head of any Federal department or agency, with the concurrence of the department or agency head, to carry out activities to support the Initiative and the Great Lakes Water Quality Agreement; and (II) enter into an interagency agreement with the head of any Federal department or agency to carry out activities described in subclause (I). (E) Scope (i) In general Projects shall be carried out under the Initiative on multiple levels, including— (I) Great Lakes-wide; and (II) Great Lakes basin-wide. (ii) Limitation No funds made available to carry out the Initiative may be used for any water infrastructure activity (other than a green infrastructure project that improves habitat and other ecosystem functions in the Great Lakes) for which amounts are made available from— (I) a State water pollution control revolving fund established under title VI; or (II) a State drinking water revolving loan fund established under section 1452 of the Safe Drinking Water Act ( 42 U.S.C. 300j–12 ). (F) Activities by other Federal agencies Each relevant Federal department or agency shall, to the maximum extent practicable— (i) maintain the base level of funding for the Great Lakes activities of that department or agency without regard to funding under the Initiative; and (ii) identify new activities and projects to support the environmental goals of the Initiative. (G) Funding There is authorized to be appropriated to carry out the Initiative $300,000,000 for each of fiscal years 2015 through 2019. .	https://www.govinfo.gov/content/pkg/BILLS-113hr5764ih/xml/BILLS-113hr5764ih.xml
113-hr-5765	I 113th CONGRESS 2d Session H. R. 5765 IN THE HOUSE OF REPRESENTATIVES November 20, 2014 Mr. Ben Ray Luján of New Mexico (for himself, Mr. Young of Alaska , Ms. McCollum , Mr. Moran , Mr. Grijalva , and Mr. Honda ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Native American Programs Act of 1974 to provide flexibility and reauthorization to ensure the survival and continuing vitality of Native American languages. 1. Short title This Act may be cited as the Native American Languages Reauthorization Act of 2014 . 2. Native American languages grant program Section 803C of the Native American Programs Act of 1974 ( 42 U.S.C. 2991b–3 ) is amended— (1) in subsection (b)(7)— (A) in subparagraph (A)(i), by striking 10 and inserting 5 ; and (B) in subparagraph (B)(i), by striking 15 and inserting 10 ; and (2) in subsection (e)(2)— (A) by striking or 3-year basis and inserting 3-year, 4-year, or 5-year basis ; and (B) by inserting , 4-year, or 5-year after on a 3-year . 3. Reauthorization of Native American languages program Section 816(e) of the Native American Programs Act of 1974 ( 42 U.S.C. 2992d(e) ) is amended by striking 2008, 2009, 2010, 2011, and 2012 and inserting 2015 through 2019 .	https://www.govinfo.gov/content/pkg/BILLS-113hr5765ih/xml/BILLS-113hr5765ih.xml
113-hr-5766	I 113th CONGRESS 2d Session H. R. 5766 IN THE HOUSE OF REPRESENTATIVES November 20, 2014 Mr. O’Rourke (for himself and Mr. Lamborn ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend title 49, United States Code, to modify the criteria for selecting communities to participate in the Small Community Air Service Development Program, and for other purposes. 1. Short title This Act may be cited as the 21st Century SCASDP Act . 2. Small Community Air Service Development Program Section 41743(c)(1) of title 49, United States Code, is amended to read as follows: (1) Size On the date of submission of an application by a community or consortium under subsection (b), the airport serving the community or consortium— (A) is not larger than a small hub airport, as determined using the Department of Transportation’s most recent published classification; and (B) (i) has insufficient air carrier service; or (ii) has unreasonably high air fares. .	https://www.govinfo.gov/content/pkg/BILLS-113hr5766ih/xml/BILLS-113hr5766ih.xml
113-hr-5767	I 113th CONGRESS 2d Session H. R. 5767 IN THE HOUSE OF REPRESENTATIVES November 20, 2014 Mr. Paulsen (for himself and Mr. Reichert ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to exclude certain compensation received by public safety officers and their dependents from gross income. 1. Short title This Act may be cited as the Don’t Tax Our Fallen Public Safety Heroes Act . 2. Exclusion of certain compensation received by public safety officers and their dependents Subsection (a) of section 104 of the Internal Revenue Code of 1986 is amended by striking and at the end of paragraph (4), by striking the period at the end of paragraph (5) and inserting ; and , and by inserting after paragraph (5) the following new paragraph: (6) amounts received pursuant to— (A) section 1201 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796 ); or (B) a program established under the laws of any State which provides monetary compensation for surviving dependents of a public safety officer who has died as the direct and proximate result of a personal injury sustained in the line of duty, except that subparagraph (B) shall not apply to any amounts that would have been payable if death of the public safety officer had occurred other than as the direct and proximate result of a personal injury sustained in the line of duty. .	https://www.govinfo.gov/content/pkg/BILLS-113hr5767ih/xml/BILLS-113hr5767ih.xml
113-hr-5768	I 113th CONGRESS 2d Session H. R. 5768 IN THE HOUSE OF REPRESENTATIVES November 20, 2014 Mr. Poe of Texas (for himself and Mrs. Black ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To prohibit the use of funds for granting deferred action or other immigration relief to aliens not lawfully present in the United States. 1. Short title This Act may be cited as the Separation of Powers Act of 2014 . 2. Prohibition on use of funds (a) For deferred action or parole None of the funds appropriated or otherwise made available to any Federal department or agency may be used to parole an alien into the United States or grant deferred action on a final order of removal, for any reason other than on a case-by-case basis for urgent humanitarian reasons. (b) For the issuance of work permits or green cards None of the funds appropriated or otherwise made available to any Federal department or agency may be used to issue to any alien who, on the date of enactment of this Act, is unlawfully present in the United States any document attesting to the lawful permanent resident status of that alien, or to the authorization for employment in the United States of that alien.	https://www.govinfo.gov/content/pkg/BILLS-113hr5768ih/xml/BILLS-113hr5768ih.xml
113-hr-5769	I 113th CONGRESS 2d Session H. R. 5769 IN THE HOUSE OF REPRESENTATIVES AN ACT To authorize appropriations for the Coast Guard for fiscal year 2015, and for other purposes. 1. Short title This Act may be cited as the Howard Coble Coast Guard and Maritime Transportation Act of 2014 . 2. Table of contents The table of contents for this Act is the following: Sec. 1. Short title. Sec. 2. Table of contents. Title I—Authorization Sec. 101. Authorization of appropriations. Sec. 102. Authorized levels of military strength and training. Title II—Coast Guard Sec. 201. Commissioned officers. Sec. 202. Commandant; appointment. Sec. 203. Prevention and response workforces. Sec. 204. Centers of expertise. Sec. 205. Penalties. Sec. 206. Agreements. Sec. 207. Tuition assistance program coverage of textbooks and other educational materials. Sec. 208. Coast Guard housing. Sec. 209. Lease authority. Sec. 210. Notification of certain determinations. Sec. 211. Annual Board of Visitors. Sec. 212. Flag officers. Sec. 213. Repeal of limitation on medals of honor. Sec. 214. Coast Guard family support and child care. Sec. 215. Mission need statement. Sec. 216. Transmission of annual Coast Guard authorization request. Sec. 217. Inventory of real property. Sec. 218. Retired service members and dependents serving on advisory committees. Sec. 219. Active duty for emergency augmentation of regular forces. Sec. 220. Acquisition workforce expedited hiring authority. Sec. 221. Coast Guard administrative savings. Sec. 222. Technical corrections to title 14. Sec. 223. Multiyear procurement authority for Offshore Patrol Cutters. Sec. 224. Maintaining Medium Endurance Cutter mission capability. Sec. 225. Aviation capability in the Great Lakes region. Sec. 226. Gaps in writings on Coast Guard history. Sec. 227. Officer evaluation reports. Sec. 228. Improved safety information for vessels. Sec. 229. E–LORAN. Sec. 230. Analysis of resource deficiencies with respect to maritime border security. Sec. 231. Modernization of National Distress and Response System. Sec. 232. Report reconciling maintenance and operational priorities on the Missouri River. Sec. 233. Maritime Search and Rescue Assistance Policy assessment. Title III—Shipping and Navigation Sec. 301. Repeal. Sec. 302. Donation of historical property. Sec. 303. Small shipyards. Sec. 304. Drug testing reporting. Sec. 305. Opportunities for sea service veterans. Sec. 306. Clarification of high-risk waters. Sec. 307. Technical corrections. Sec. 308. Report. Sec. 309. Fishing safety grant programs. Sec. 310. Establishment of Merchant Marine Personnel Advisory Committee. Sec. 311. Travel and subsistence costs for prevention services. Sec. 312. Prompt intergovernmental notice of marine casualties. Sec. 313. Area Contingency Plans. Sec. 314. International ice patrol reform. Sec. 315. Offshore supply vessel third-party inspection. Sec. 316. Watches. Sec. 317. Coast Guard response plan requirements. Sec. 318. Regional Citizens’ Advisory Council. Sec. 319. Uninspected passenger vessels in the United States Virgin Islands. Sec. 320. Treatment of abandoned seafarers. Sec. 321. Enforcement. Sec. 322. Coast Guard regulations. Sec. 323. Website. Title IV—Federal Maritime Commission Sec. 401. Authorization of appropriations. Sec. 402. Award of reparations. Sec. 403. Terms of Commissioners. Title V—Arctic Maritime Transportation Sec. 501. Arctic maritime transportation. Sec. 502. Arctic maritime domain awareness. Sec. 503. IMO Polar Code negotiations. Sec. 504. Forward operating facilities. Sec. 505. Icebreakers. Sec. 506. Icebreaking in polar regions. Title VI—Miscellaneous Sec. 601. Distant water tuna fleet. Sec. 602. Extension of moratorium. Sec. 603. National maritime strategy. Sec. 604. Waivers. Sec. 605. Competition by United States flag vessels. Sec. 606. Vessel requirements for notices of arrival and departure and automatic identification system. Sec. 607. Conveyance of Coast Guard property in Rochester, New York. Sec. 608. Conveyance of certain property in Gig Harbor, Washington. Sec. 609. Vessel determination. Sec. 610. Safe vessel operation in Thunder Bay. Sec. 611. Parking facilities. I Authorization 101. Authorization of appropriations Funds are authorized to be appropriated for fiscal year 2015 for necessary expenses of the Coast Guard as follows: (1) For the operation and maintenance of the Coast Guard, $6,981,036,000. (2) For the acquisition, construction, rebuilding, and improvement of aids to navigation, shore and offshore facilities, vessels, and aircraft, including equipment related thereto, $1,546,448,000, to remain available until expended. (3) For the Coast Guard Reserve program, including personnel and training costs, equipment, and services, $140,016,000. (4) For environmental compliance and restoration of Coast Guard vessels, aircraft, and facilities (other than parts and equipment associated with operation and maintenance), $16,701,000, to remain available until expended. (5) To the Commandant of the Coast Guard for research, development, test, and evaluation of technologies, materials, and human factors directly related to improving the performance of the Coast Guard's mission with respect to search and rescue, aids to navigation, marine safety, marine environmental protection, enforcement of laws and treaties, ice operations, oceanographic research, and defense readiness, $19,890,000. (6) For alteration or removal of bridges over navigable waters of the United States constituting obstructions to navigation, and for personnel and administrative costs associated with the Alteration of Bridges Program, $16,000,000. 102. Authorized levels of military strength and training (a) Active duty strength The Coast Guard is authorized an end-of-year strength for active duty personnel of 43,000 for fiscal year 2015. (b) Military training student loads The Coast Guard is authorized average military training student loads for fiscal year 2015 as follows: (1) For recruit and special training, 2,500 student years. (2) For flight training, 165 student years. (3) For professional training in military and civilian institutions, 350 student years. (4) For officer acquisition, 1,200 student years. II Coast Guard 201. Commissioned officers Section 42(a) of title 14, United States Code, is amended by striking 7,200 and inserting 6,900 . 202. Commandant; appointment Section 44 of title 14, United States Code, is amended by inserting after the first sentence the following: The term of an appointment, and any reappointment, shall begin on June 1 of the appropriate year and end on May 31 of the appropriate year, except that, in the event of death, retirement, resignation, or reassignment, or when the needs of the Service demand, the Secretary may alter the date on which a term begins or ends if the alteration does not result in the term exceeding a period of 4 years. . 203. Prevention and response workforces Section 57 of title 14, United States Code, is amended— (1) in subsection (b)— (A) in paragraph (2) by striking or at the end; (B) in paragraph (3) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (4) waterways operations manager shall have knowledge, skill, and practical experience with respect to marine transportation system management; or (5) port and facility safety and security specialist shall have knowledge, skill, and practical experience with respect to the safety, security, and environmental protection responsibilities associated with maritime ports and facilities. ; (2) in subsection (c) by striking or marine safety engineer and inserting marine safety engineer, waterways operations manager, or port and facility safety and security specialist ; and (3) in subsection (f)(2) by striking investigator or marine safety engineer. and inserting investigator, marine safety engineer, waterways operations manager, or port and facility safety and security specialist. . 204. Centers of expertise Section 58(b) of title 14, United States Code, is amended to read as follows: (b) Missions Any center established under subsection (a) shall— (1) promote, facilitate, and conduct— (A) education; (B) training; and (C) activities authorized under section 93(a)(4); (2) be a repository of information on operations, practices, and resources related to the mission for which the center was established; and (3) perform and support the mission for which the center was established. . 205. Penalties (a) Aids to navigation and false distress messages Chapter 5 of title 14, United States Code, is amended— (1) in section 83 by striking $100 and inserting $1,500 ; (2) in section 84 by striking $500 and inserting $1,500 ; (3) in section 85 by striking $100 and inserting $1,500 ; and (4) in section 88(c)(2) by striking $5,000 and inserting $10,000 . (b) Unauthorized use of words Coast Guard Section 639 of title 14, United States Code, is amended by striking $1,000 and inserting $10,000 . 206. Agreements (a) In general Section 93(a)(4) of title 14, United States Code, is amended— (1) by striking , investigate and inserting and investigate ; and (2) by striking , and cooperate and coordinate such activities with other Government agencies and with private agencies . (b) Authority Chapter 5 of title 14, United States Code, as amended by this Act, is further amended by adding at the end the following: 102. Agreements (a) In general In carrying out section 93(a)(4), the Commandant may— (1) enter into cooperative agreements, contracts, and other agreements with— (A) Federal entities; (B) other public or private entities in the United States, including academic entities; and (C) foreign governments with the concurrence of the Secretary of State; and (2) impose on and collect from an entity subject to an agreement or contract under paragraph (1) a fee to assist with expenses incurred in carrying out such section. (b) Deposit and use of fees Fees collected under this section shall be deposited in the general fund of the Treasury as offsetting receipts. The fees may be used, to the extent provided in advance in an appropriation law, only to carry out activities under section 93(a)(4). . (c) Clerical amendment The analysis for such chapter is amended by adding at the end the following: 102. Agreements. . 207. Tuition assistance program coverage of textbooks and other educational materials Section 93(a)(7) of title 14, United States Code, is amended by inserting and the textbooks, manuals, and other materials required as part of such training or course of instruction after correspondence courses . 208. Coast Guard housing (a) Commandant; general powers Section 93(a)(13) of title 14, United States Code, is amended by striking the Treasury and inserting the fund established under section 687 . (b) Lighthouse property Section 672a(b) of title 14, United States Code, is amended by striking the Treasury and inserting the fund established under section 687 . (c) Conforming amendment Section 687(b) of title 14, United States Code, is amended by adding at the end the following: (4) Monies received under section 93(a)(13). (5) Amounts received under section 672a(b). . 209. Lease authority Section 93 of title 14, United States Code, is amended by adding at the end the following: (f) Leasing of Tidelands and Submerged Lands (1) Authority The Commandant may lease under subsection (a)(13) submerged lands and tidelands under the control of the Coast Guard without regard to the limitation under that subsection with respect to lease duration. (2) Limitation The Commandant may lease submerged lands and tidelands under paragraph (1) only if— (A) lease payments are— (i) received exclusively in the form of cash; (ii) equal to the fair market value of the use of the leased submerged lands or tidelands for the period during which such lands are leased, as determined by the Commandant; and (iii) deposited in the fund established under section 687; and (B) the lease does not provide authority to or commit the Coast Guard to use or support any improvements to such submerged lands or tidelands, or obtain goods or services from the lessee. . 210. Notification of certain determinations (a) In general Chapter 5 of title 14, United States Code, as amended by this Act, is further amended by adding at the end the following: 103. Notification of certain determinations (a) In general At least 90 days prior to making a final determination that a waterway, or a portion thereof, is navigable for purposes of the jurisdiction of the Coast Guard, the Commandant shall provide notification regarding the proposed determination to— (1) the Governor of each State in which such waterway, or portion thereof, is located; (2) the public; and (3) the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. (b) Content requirement Each notification provided under subsection (a) to an entity specified in paragraph (3) of that subsection shall include— (1) an analysis of whether vessels operating on the waterway, or portion thereof, subject to the proposed determination are subject to inspection or similar regulation by State or local officials; (2) an analysis of whether operators of commercial vessels on such waterway, or portion thereof, are subject to licensing or similar regulation by State or local officials; and (3) an estimate of the annual costs that the Coast Guard may incur in conducting operations on such waterway, or portion thereof. . (b) Clerical amendment The analysis for such chapter, as amended by this Act, is further amended by adding at the end the following: 103. Notification of certain determinations. . 211. Annual Board of Visitors Section 194 of title 14, United States Code, is amended to read as follows: 194. Annual Board of Visitors (a) In general A Board of Visitors to the Coast Guard Academy is established to review and make recommendations on the operation of the Academy. (b) Membership (1) In general The membership of the Board shall consist of the following: (A) The chairman of the Committee on Commerce, Science, and Transportation of the Senate, or the chairman’s designee. (B) The chairman of the Committee on Transportation and Infrastructure of the House of Representatives, or the chairman’s designee. (C) Three Members of the Senate designated by the Vice President. (D) Four Members of the House of Representatives designated by the Speaker of the House of Representatives. (E) Six individuals designated by the President. (2) Length of service (A) Members of Congress A Member of Congress designated under subparagraph (C) or (D) of paragraph (1) as a member of the Board shall be designated as a member in the First Session of a Congress and serve for the duration of that Congress. (B) Individuals designated by the President Each individual designated by the President under subparagraph (E) of paragraph (1) shall serve as a member of the Board for 3 years, except that any such member whose term of office has expired shall continue to serve until a successor is appointed. (3) Death or resignation of a member If a member of the Board dies or resigns, a successor shall be designated for any unexpired portion of the term of the member by the official who designated the member. (c) Academy visits (1) Annual visit The Board shall visit the Academy annually to review the operation of the Academy. (2) Additional visits With the approval of the Secretary, the Board or individual members of the Board may make other visits to the Academy in connection with the duties of the Board or to consult with the Superintendent of the Academy. (d) Scope of review The Board shall review, with respect to the Academy— (1) the state of morale and discipline; (2) the curriculum; (3) instruction; (4) physical equipment; (5) fiscal affairs; and (6) other matters relating to the Academy that the Board determines appropriate. (e) Report Not later than 60 days after the date of an annual visit of the Board under subsection (c)(1), the Board shall submit to the Secretary, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives a report on the actions of the Board during such visit and the recommendations of the Board pertaining to the Academy. (f) Advisors If approved by the Secretary, the Board may consult with advisors in carrying out this section. (g) Reimbursement Each member of the Board and each adviser consulted by the Board under subsection (f) shall be reimbursed, to the extent permitted by law, by the Coast Guard for actual expenses incurred while engaged in duties as a member or adviser. . 212. Flag officers (a) In general Title 14, United States Code, is amended by inserting after section 295 the following: 296. Flag officers During any period in which the Coast Guard is not operating as a service in the Navy, section 1216(d) of title 10 does not apply with respect to flag officers of the Coast Guard. . (b) Clerical amendment The analysis for chapter 11 of title 14, United States Code, is amended by inserting after the item relating to section 295 the following: 296. Flag officers. . 213. Repeal of limitation on medals of honor Section 494 of title 14, United States Code, is amended by striking “medal of honor,” each place it appears. 214. Coast Guard family support and child care (a) In general Title 14, United States Code, as amended by this Act, is further amended by inserting after chapter 13 the following: 14 Coast Guard family support and child care Subchapter I—General provisions Sec. 531. Work-life policies and programs. 532. Surveys of Coast Guard families. Subchapter II—Coast Guard family support 542. Education and training opportunities for Coast Guard spouses. 543. Youth sponsorship initiatives. Subchapter III—Coast Guard child care 551. Definitions. 553. Child development center standards and inspections. 554. Child development center employees. 555. Parent partnerships with child development centers. I General provisions 531. Work-life policies and programs The Commandant is authorized— (1) to establish an office for the purpose of developing, promulgating, and coordinating policies, programs, and activities related to the families of Coast Guard members; (2) to implement and oversee policies, programs, and activities described in paragraph (1) as the Commandant considers necessary; and (3) to perform such other duties as the Commandant considers necessary. 532. Surveys of Coast Guard families (a) Authority The Commandant, in order to determine the effectiveness of Federal policies, programs, and activities related to the families of Coast Guard members, may survey— (1) any Coast Guard member; (2) any retired Coast Guard member; (3) the immediate family of any Coast Guard member or retired Coast Guard member; and (4) any survivor of a deceased Coast Guard member. (b) Voluntary participation Participation in any survey conducted under subsection (a) shall be voluntary. (c) Federal recordkeeping Each person surveyed under subsection (a) shall be considered an employee of the United States for purposes of section 3502(3)(A)(i) of title 44. II Coast Guard family support 542. Education and training opportunities for Coast Guard spouses (a) Tuition assistance The Commandant may provide, subject to the availability of appropriations, tuition assistance to an eligible spouse to facilitate the acquisition of— (1) education and training required for a degree or credential at an accredited college, university, or technical school in the United States that expands employment and portable career opportunities for the spouse; or (2) education prerequisites and a professional license or credential required, by a government or government-sanctioned licensing body, for an occupation that expands employment and portable career opportunities for the spouse. (b) Definitions In this section, the following definitions apply: (1) Eligible spouse (A) In general The term eligible spouse means the spouse of a member of the Coast Guard who is serving on active duty and includes a spouse who receives transitional compensation under section 1059 of title 10. (B) Exclusion The term eligible spouse does not include a person who— (i) is married to, but legally separated from, a member of the Coast Guard under a court order or statute of any State or territorial possession of the United States; or (ii) is eligible for tuition assistance as a member of the Armed Forces. (2) Portable career The term portable career includes an occupation that requires education, training, or both that results in a credential that is recognized by an industry, profession, or specific type of business. 543. Youth sponsorship initiatives (a) In general The Commandant is authorized to establish, within any Coast Guard unit, an initiative to help integrate into new surroundings the dependent children of members of the Coast Guard who received permanent change of station orders. (b) Description of initiative An initiative established under subsection (a) shall— (1) provide for the involvement of a dependent child of a member of the Coast Guard in the dependent child’s new Coast Guard community; and (2) primarily focus on preteen and teenaged children. (c) Authority In carrying out an initiative under subsection (a), the Commandant may— (1) provide to a dependent child of a member of the Coast Guard information on youth programs and activities available in the dependent child’s new Coast Guard community; and (2) enter into agreements with nonprofit entities to provide youth programs and activities to such child. III Coast Guard child care 551. Definitions In this subchapter, the following definitions apply: (1) Child abuse and neglect The term child abuse and neglect has the meaning given that term in section 3 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 note). (2) Child development center employee The term child development center employee means a civilian employee of the Coast Guard who is employed to work in a Coast Guard child development center without regard to whether the employee is paid from appropriated or nonappropriated funds. (3) Coast Guard child development center The term Coast Guard child development center means a facility on Coast Guard property or on property under the jurisdiction of the commander of a Coast Guard unit at which child care services are provided for members of the Coast Guard. (4) Competitive service position The term competitive service position means a position in the competitive service (as defined in section 2102 of title 5). (5) Family home daycare The term family home daycare means home-based child care services provided for a member of the Coast Guard by an individual who— (A) is certified by the Commandant as qualified to provide home-based child care services; and (B) provides home-based child care services on a regular basis in exchange for monetary compensation. 553. Child development center standards and inspections (a) Standards The Commandant shall require each Coast Guard child development center to meet standards that the Commandant considers appropriate to ensure the health, safety, and welfare of the children and employees at the center. (b) Inspections The Commandant shall provide for regular and unannounced inspections of each Coast Guard child development center to ensure compliance with this section. (c) National reporting (1) In general The Commandant shall maintain and publicize a means by which an individual can report, with respect to a Coast Guard child development center or a family home daycare— (A) any suspected violation of— (i) standards established under subsection (a); or (ii) any other applicable law or standard; (B) suspected child abuse or neglect; or (C) any other deficiency. (2) Anonymous reporting The Commandant shall ensure that an individual making a report pursuant to paragraph (1) may do so anonymously if so desired by the individual. (3) Procedures The Commandant shall establish procedures for investigating reports made pursuant to paragraph (1). 554. Child development center employees (a) Training (1) In general The Commandant shall establish a training program for Coast Guard child development center employees and satisfactory completion of the training program shall be a condition of employment for each employee of a Coast Guard child development center. (2) Timing for new hires The Commandant shall require each employee of a Coast Guard child development center to complete the training program established under paragraph (1) not later than 6 months after the date on which the employee is hired. (3) Minimum requirements The training program established under paragraph (1) shall include, at a minimum, instruction with respect to— (A) early childhood development; (B) activities and disciplinary techniques appropriate to children of different ages; (C) child abuse and neglect prevention and detection; and (D) cardiopulmonary resuscitation and other emergency medical procedures. (4) Use of Department of Defense programs The Commandant may use Department of Defense training programs, on a reimbursable or nonreimbursable basis, for purposes of this subsection. (b) Training and curriculum specialists (1) Specialist required The Commandant shall require that at least 1 employee at each Coast Guard child development center be a specialist in training and curriculum development with appropriate credentials and experience. (2) Duties The duties of the specialist described in paragraph (1) shall include— (A) special teaching activities; (B) daily oversight and instruction of other child care employees; (C) daily assistance in the preparation of lesson plans; (D) assisting with child abuse and neglect prevention and detection; and (E) advising the director of the center on the performance of the other child care employees. (3) Competitive service Each specialist described in paragraph (1) shall be an employee in a competitive service position. 555. Parent partnerships with child development centers (a) Parent boards (1) Formation The Commandant shall require that there be formed at each Coast Guard child development center a board of parents, to be composed of parents of children attending the center. (2) Functions Each board of parents formed under paragraph (1) shall— (A) meet periodically with the staff of the center at which the board is formed and the commander of the unit served by the center, for the purpose of discussing problems and concerns; and (B) be responsible, together with the staff of the center, for coordinating any parent participation initiative established under subsection (b). (3) FACA The Federal Advisory Committee Act (5 U.S.C. App.) does not apply to a board of parents formed under paragraph (1). (b) Parent participation initiative The Commandant is authorized to establish a parent participation initiative at each Coast Guard child development center to encourage and facilitate parent participation in educational and related activities at the center. . (b) Transfer of provisions (1) In general (A) Reimbursement for adoption expenses Section 514 of title 14, United States Code, is redesignated as section 541 and transferred to appear before section 542 of such title, as added by subsection (a) of this section. (B) Child development services Section 515 of title 14, United States Code— (i) is redesignated as section 552 and transferred to appear after section 551 of such title, as added by subsection (a) of this section; and (ii) is amended— (I) in subsection (b)(2)(B) by inserting and whether a family is participating in an initiative established under section 555(b) after family income ; (II) by striking subsections (c) and (e); and (III) by redesignating subsection (d) as subsection (c). (C) Dependent school children Section 657 of title 14, United States Code— (i) is redesignated as section 544 and transferred to appear after section 543 of such title, as added by subsection (a) of this section; and (ii) is amended in subsection (a) by striking Except as otherwise and all that follows through the Secretary may and inserting The Secretary may . (2) Conforming amendments (A) Part I The analysis for part I of title 14, United States Code, is amended by inserting after the item relating to chapter 13 the following: 14. Coast Guard Family Support and Child Care 531 . (B) Chapter 13 The analysis for chapter 13 of title 14, United States Code, is amended— (i) by striking the item relating to section 514; and (ii) by striking the item relating to section 515. (C) Chapter 14 The analysis for chapter 14 of title 14, United States Code, as added by subsection (a) of this section, is amended by inserting— (i) before the item relating to section 542 the following: 541. Reimbursement for adoption expenses. ; (ii) after the item relating to section 551 the following: 552. Child development services. ; and (iii) after the item relating to section 543 the following: 544. Dependent school children. . (D) Chapter 17 The analysis for chapter 17 of title 14, United States Code, is amended by striking the item relating to section 657. (c) Commandant; general powers Section 93(a)(7) of title 14, United States Code, as amended by this Act, is further amended by inserting “, and to eligible spouses as defined under section 542,” after “Coast Guard”. (d) Sense of Congress (1) In general It is the sense of Congress that the amount of funds appropriated for a fiscal year for operating expenses related to Coast Guard child development services should not be less than the amount of the child development center fee receipts estimated to be collected by the Coast Guard during that fiscal year. (2) Child development center fee receipts defined In this subsection, the term child development center fee receipts means fees paid by members of the Coast Guard for child care services provided at Coast Guard child development centers. 215. Mission need statement (a) In general Section 569 of title 14, United States Code, is amended to read as follows: 569. Mission need statement (a) In general On the date on which the President submits to Congress a budget for fiscal year 2016 under section 1105 of title 31, on the date on which the President submits to Congress a budget for fiscal year 2019 under such section, and every 4 years thereafter, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an integrated major acquisition mission need statement. (b) Definitions In this section, the following definitions apply: (1) Integrated major acquisition mission need statement The term integrated major acquisition mission need statement means a document that— (A) identifies current and projected gaps in Coast Guard mission capabilities using mission hour targets; (B) explains how each major acquisition program addresses gaps identified under subparagraph (A) if funded at the levels provided for such program in the most recently submitted capital investment plan; and (C) describes the missions the Coast Guard will not be able to achieve, by fiscal year, for each gap identified under subparagraph (A). (2) Major acquisition program The term major acquisition program has the meaning given that term in section 569a(e). (3) Capital investment plan The term capital investment plan means the plan required under section 663(a)(1). . (b) Clerical amendment The analysis for chapter 15 of title 14, United States Code, is amended by striking the item relating to section 569 and inserting the following: 569. Mission need statement. . 216. Transmission of annual Coast Guard authorization request (a) In general Title 14, United States Code, as amended by this Act, is further amended by inserting after section 662 the following: 662a. Transmission of annual Coast Guard authorization request (a) In general Not later than 30 days after the date on which the President submits to Congress a budget for a fiscal year pursuant to section 1105 of title 31, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a Coast Guard authorization request with respect to such fiscal year. (b) Coast Guard authorization request defined In this section, the term Coast Guard authorization request means a proposal for legislation that, with respect to the Coast Guard for the relevant fiscal year— (1) recommends end strengths for personnel for that fiscal year, as described in section 661; (2) recommends authorizations of appropriations for that fiscal year, including with respect to matters described in section 662; and (3) addresses any other matter that the Secretary determines is appropriate for inclusion in a Coast Guard authorization bill. . (b) Clerical amendment The analysis for chapter 17 of title 14, United States Code, as amended by this Act, is further amended by inserting after the item relating to section 662 the following: 662a. Transmission of annual Coast Guard authorization request. . 217. Inventory of real property (a) In general Chapter 17 of title 14, United States Code, is amended by adding at the end the following: 679. Inventory of real property (a) In general Not later than September 30, 2015, the Commandant shall establish an inventory of all real property, including submerged lands, under the control of the Coast Guard, which shall include— (1) the size, the location, and any other appropriate description of each unit of such property; (2) an assessment of the physical condition of each unit of such property, excluding lands; (3) a determination of whether each unit of such property should be— (A) retained to fulfill a current or projected Coast Guard mission requirement; or (B) subject to divestiture; and (4) other information the Commandant considers appropriate. (b) Inventory maintenance The Commandant shall— (1) maintain the inventory required under subsection (a) on an ongoing basis; and (2) update information on each unit of real property included in such inventory not later than 30 days after any change relating to the control of such property. (c) Recommendations to Congress Not later than March 30, 2016, and every 5 years thereafter, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that includes— (1) a list of all real property under the control of the Coast Guard and the location of such property by property type; (2) recommendations for divestiture with respect to any units of such property; and (3) recommendations for consolidating any units of such property, including— (A) an estimate of the costs or savings associated with each recommended consolidation; and (B) a discussion of the impact that such consolidation would have on Coast Guard mission effectiveness. . (b) Clerical amendment The analysis for such chapter, as amended by this Act, is further amended by adding at the end the following: 679. Inventory of real property. . 218. Retired service members and dependents serving on advisory committees (a) In general Chapter 17 of title 14, United States Code, as amended by this Act, is further amended by adding at the end the following: 680. Retired service members and dependents serving on advisory committees A committee that— (1) advises or assists the Coast Guard with respect to a function that affects a member of the Coast Guard or a dependent of such a member; and (2) includes in its membership a retired Coast Guard member or a dependent of such a retired member; shall not be considered an advisory committee under the Federal Advisory Committee Act (5 U.S.C. App.) solely because of such membership. . (b) Clerical amendment The analysis for such chapter, as amended by this Act, is further amended by inserting after the item relating to section 679 the following: 680. Retired service members and dependents serving on advisory committees. . 219. Active duty for emergency augmentation of regular forces Section 712(a) of title 14, United States Code, is amended by striking not more than 60 days in any 4-month period and . 220. Acquisition workforce expedited hiring authority Section 404(b) of the Coast Guard Authorization Act of 2010 ( Public Law 111–281 ; 124 Stat. 2951) is amended by striking 2015 and inserting 2017 . 221. Coast Guard administrative savings (a) Elimination of outdated and duplicative reports (1) Marine industry training Section 59 of title 14, United States Code, is amended— (A) by striking (a) In general .—The Commandant and inserting The Commandant ; and (B) by striking subsection (b). (2) Operations and expenditures Section 651 of title 14, United States Code, and the item relating to such section in the analysis for chapter 17 of such title, are repealed. (3) Drug interdiction Section 103 of the Coast Guard Authorization Act of 1996 ( 14 U.S.C. 89 note), and the item relating to that section in the table of contents in section 2 of that Act, are repealed. (4) National defense Section 426 of the Maritime Transportation Security Act of 2002 ( 14 U.S.C. 2 note), and the item relating to that section in the table of contents in section 1(b) of that Act, are repealed. (5) Living marine resources Section 4(b) of the Cruise Vessel Security and Safety Act of 2010 ( 16 U.S.C. 1828 note) is amended by adding at the end the following: “No report shall be required under this subsection, including that no report shall be required under section 224 of the Coast Guard and Maritime Transportation Act of 2004 or section 804 of the Coast Guard and Maritime Transportation Act of 2006, for fiscal years beginning after fiscal year 2014.”. (b) Consolidation and reform of reporting requirements (1) Marine safety (A) In general Section 2116(d)(2)(B) of title 46, United States Code, is amended to read as follows: (B) on the program’s mission performance in achieving numerical measurable goals established under subsection (b), including— (i) the number of civilian and military Coast Guard personnel assigned to marine safety positions; and (ii) an identification of marine safety positions that are understaffed to meet the workload required to accomplish each activity included in the strategy and plans under subsection (a); and . (B) Conforming amendment Section 57 of title 14, United States Code, as amended by this Act, is further amended— (i) by striking subsection (e); and (ii) by redesignating subsections (f), (g), and (h) as subsections (e), (f), and (g) respectively. (2) Minor construction Section 656(d)(2) of title 14, United States Code, is amended to read as follows: (2) Report Not later than the date on which the President submits to Congress a budget under section 1105 of title 31 each year, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing each project carried out under paragraph (1), in the most recently concluded fiscal year, for which the amount expended under such paragraph for such project was more than $1,000,000. If no such project was carried out during a fiscal year, no report under this paragraph shall be required with respect to that fiscal year. . 222. Technical corrections to title 14 Title 14, United States Code, as amended by this Act, is further amended— (1) in section 93(b)(1) by striking Notwithstanding subsection (a)(14) and inserting Notwithstanding subsection (a)(13) ; and (2) in section 197(b) by striking of Homeland Security . 223. Multiyear procurement authority for Offshore Patrol Cutters In fiscal year 2015 and each fiscal year thereafter, the Secretary of the department in which the Coast Guard is operating may enter into, in accordance with section 2306b of title 10, United States Code, multiyear contracts for the procurement of Offshore Patrol Cutters and associated equipment. 224. Maintaining Medium Endurance Cutter mission capability Not later than 120 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that includes— (1) a schedule and plan for decommissioning, not later than September 30, 2029, each of the 210-foot, Reliance-Class Cutters operated by the Coast Guard on the date of enactment of this Act; (2) a schedule and plan for enhancing the maintenance or extending the service life of each of the 270-foot, Famous-Class Cutters operated by the Coast Guard on the date of enactment of this Act— (A) to maintain the capability of the Coast Guard to carry out sea-going missions with respect to such Cutters at the level of capability existing on September 30, 2013; and (B) for the period beginning on the date of enactment of this Act and ending on the date on which the final Offshore Patrol Cutter is scheduled to be commissioned under paragraph (4); (3) an identification of the number of Offshore Patrol Cutters capable of sea state 5 operations that, if 8 National Security Cutters are commissioned, are necessary to return the sea state 5 operating capability of the Coast Guard to the level of capability that existed prior to the decommissioning of the first High Endurance Cutter in fiscal year 2011; (4) a schedule and plan for commissioning the number of Offshore Patrol Cutters identified under paragraph (3); and (5) a schedule and plan for commissioning, not later than September 30, 2034, a number of Offshore Patrol Cutters not capable of sea state 5 operations that is equal to— (A) 25; less (B) the number of Offshore Patrol Cutters identified under paragraph (3). 225. Aviation capability in the Great Lakes region The Secretary of the department in which the Coast Guard is operating may— (1) request and accept through a direct military-to-military transfer under section 2571 of title 10, United States Code, such H–60 helicopters as may be necessary to establish a year-round operational capability in the Coast Guard’s Ninth District; and (2) use funds provided under section 101 of this Act to convert such helicopters to Coast Guard MH–60T configuration. 226. Gaps in writings on Coast Guard history Not later than 1 year after the date of enactment of this Act, the Commandant of the Coast Guard shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on any gaps that exist in writings on the history of the Coast Guard. The report shall address, at a minimum, operations, broad topics, and biographies with respect to the Coast Guard. 227. Officer evaluation reports (a) Assessment required Not later than 180 days after the date of enactment of this Act, the Commandant of the Coast Guard shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a written assessment of the Coast Guard’s officer evaluation reporting system. (b) Contents of assessment The assessment required under subsection (a) shall include, at a minimum, an analysis of— (1) the extent to which the Coast Guard’s officer evaluation reports differ in length, form, and content from the officer fitness reports used by the Navy and other branches of the Armed Forces; (2) the extent to which differences determined pursuant to paragraph (1) are the result of inherent differences between— (A) the Coast Guard and the Navy; and (B) the Coast Guard and other branches of the Armed Forces; (3) the feasibility of more closely aligning and conforming the Coast Guard’s officer evaluation reports with the officer fitness reports of the Navy and other branches of the Armed Forces; and (4) the costs and benefits of the alignment and conformity described in paragraph (3), including with respect to— (A) Coast Guard administrative efficiency; (B) fairness and equity for Coast Guard officers; and (C) carrying out the Coast Guard’s statutory mission of defense readiness, including when operating as a service in the Navy. 228. Improved safety information for vessels Not later than 1 year after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall establish a process that allows an operator of a marine exchange or other non-Federal vessel traffic information service to use the automatic identification system to transmit weather, ice, and other important navigation safety information to vessels. 229. E–LORAN (a) In general The Secretary of the department in which the Coast Guard is operating may not carry out activities related to the dismantling or disposal of infrastructure that supported the former LORAN system until the later of— (1) the date that is 1 year after the date of enactment of this Act; or (2) the date on which the Secretary provides to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate notice of a determination by the Secretary that such infrastructure is not required to provide a positioning, navigation, and timing system to provide redundant capability in the event GPS signals are disrupted. (b) Exception Subsection (a) does not apply to activities necessary for the safety of human life. (c) Agreements The Secretary may enter into cooperative agreements, contracts, and other agreements with Federal entities and other public or private entities, including academic entities, to develop a positioning, navigation, and timing system, including an enhanced LORAN system, to provide redundant capability in the event GPS signals are disrupted. 230. Analysis of resource deficiencies with respect to maritime border security (a) In general Not later than 120 days after the date of enactment of this Act, the Commandant of the Coast Guard shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives a report describing any Coast Guard resource deficiencies related to— (1) securing maritime borders with respect to the Great Lakes and the coastal areas of the Southeastern and Southwestern United States, including with respect to Florida, California, Puerto Rico, and the United States Virgin Islands; (2) patrolling and monitoring maritime approaches to the areas described in paragraph (1); and (3) patrolling and monitoring relevant portions of the Western Hemisphere Drug Transit Zone. (b) Scope In preparing the report under subsection (a), the Commandant shall consider, at a minimum— (1) the Coast Guard’s statutory missions with respect to migrant interdiction, drug interdiction, defense readiness, living marine resources, and ports, waterways, and coastal security; (2) whether Coast Guard missions are being executed to meet national performance targets set under the National Drug Control Strategy; (3) the number and types of cutters and other vessels required to effectively execute Coast Guard missions; (4) the number and types of aircraft, including unmanned aircraft, required to effectively execute Coast Guard missions; (5) the number of assets that require upgraded sensor and communications systems to effectively execute Coast Guard missions; (6) the Deployable Specialized Forces required to effectively execute Coast Guard missions; and (7) whether additional shoreside facilities are required to accommodate Coast Guard personnel and assets in support of Coast Guard missions. 231. Modernization of National Distress and Response System (a) Report Not later than 60 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the implementation of the Rescue 21 project in Alaska and in Coast Guard sectors Upper Mississippi River, Lower Mississippi River, and Ohio River Valley. (b) Contents The report required under subsection (a) shall— (1) describe what improvements are being made to the distress response system in the areas specified in subsection (a), including information on which areas will receive digital selective calling and direction finding capability; (2) describe the impediments to installing digital selective calling and direction finding capability in areas where such technology will not be installed; (3) identify locations in the areas specified in subsection (a) where communication gaps will continue to present a risk to mariners after completion of the Rescue 21 project; (4) include a list of all reported marine accidents, casualties, and fatalities occurring in the locations identified under paragraph (3) since 1990; and (5) provide an estimate of the costs associated with installing the technology necessary to close communication gaps in the locations identified under paragraph (3). 232. Report reconciling maintenance and operational priorities on the Missouri River Not later than 1 year after the date of enactment of this Act, the Commandant of the Coast Guard shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that outlines a course of action to reconcile general maintenance priorities for cutters with operational priorities on the Missouri River. 233. Maritime Search and Rescue Assistance Policy assessment (a) In general The Commandant of the Coast Guard shall assess the Maritime Search and Rescue Assistance Policy as it relates to State and local responders. (b) Scope The assessment under subsection (a) shall consider, at a minimum— (1) the extent to which Coast Guard search and rescue coordinators have entered into domestic search and rescue agreements with State and local responders under the National Search and Rescue Plan; (2) whether the domestic search and rescue agreements include the Maritime Search and Rescue Assistance Policy; and (3) the extent to which Coast Guard sectors coordinate with 911 emergency centers, including ensuring the dissemination of appropriate maritime distress check-sheets. (c) Report Not later than 180 days after the date of enactment of this Act, the Commandant of the Coast Guard shall submit a report on the assessment under subsection (a) to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. III Shipping and Navigation 301. Repeal Chapter 555 of title 46, United States Code, is amended— (1) by repealing section 55501; (2) by redesignating section 55502 as section 55501; and (3) in the analysis by striking the items relating to sections 55501 and 55502 and inserting the following: 55501. United States Committee on the Marine Transportation System. . 302. Donation of historical property Section 51103 of title 46, United States Code, is amended by adding at the end the following: (e) Donation for historical purposes (1) In general The Secretary may convey the right, title, and interest of the United States Government in any property administered by the Maritime Administration, except real estate or vessels, if— (A) the Secretary determines that such property is not needed by the Maritime Administration; and (B) the recipient— (i) is a nonprofit organization, a State, or a political subdivision of a State; (ii) agrees to hold the Government harmless for any claims arising from exposure to hazardous materials, including asbestos, polychlorinated biphenyls, or lead paint, after conveyance of the property; (iii) provides a description and explanation of the intended use of the property to the Secretary for approval; (iv) has provided to the Secretary proof, as determined by the Secretary, of resources sufficient to accomplish the intended use provided under clause (iii) and to maintain the property; (v) agrees that when the recipient no longer requires the property, the recipient shall— (I) return the property to the Secretary, at the recipient’s expense and in the same condition as received except for ordinary wear and tear; or (II) subject to the approval of the Secretary, retain, sell, or otherwise dispose of the property in a manner consistent with applicable law; and (vi) agrees to any additional terms the Secretary considers appropriate. (2) Reversion The Secretary shall include in any conveyance under this subsection terms under which all right, title, and interest conveyed by the Secretary shall revert to the Government if the Secretary determines the property has been used other than as approved by the Secretary under paragraph (1)(B)(iii). . 303. Small shipyards Section 54101(i) of title 46, United States Code, is amended by striking 2009 through 2013 and inserting 2015 through 2017 . 304. Drug testing reporting Section 7706 of title 46, United States Code, is amended— (1) in subsection (a), by inserting an applicant for employment by a Federal agency, after Federal agency, ; and (2) in subsection (c), by— (A) inserting or an applicant for employment by a Federal agency after an employee ; and (B) striking the employee. and inserting the employee or the applicant. . 305. Opportunities for sea service veterans (a) Endorsements for veterans Section 7101 of title 46, United States Code, is amended by adding at the end the following: (j) The Secretary may issue a license under this section in a class under subsection (c) to an applicant that— (1) has at least 3 months of qualifying service on vessels of the uniformed services (as that term is defined in section 101(a) of title 10) of appropriate tonnage or horsepower within the 7-year period immediately preceding the date of application; and (2) satisfies all other requirements for such a license. . (b) Sea service letters (1) In general Title 14, United States Code, is amended by inserting after section 427 the following: 428. Sea service letters (a) In general The Secretary shall provide a sea service letter to a member or former member of the Coast Guard who— (1) accumulated sea service on a vessel of the armed forces (as such term is defined in section 101(a) of title 10); and (2) requests such letter. (b) Deadline Not later than 30 days after receiving a request for a sea service letter from a member or former member of the Coast Guard under subsection (a), the Secretary shall provide such letter to such member or former member if such member or former member satisfies the requirement under subsection (a)(1). . (2) Clerical amendment The analysis for chapter 11 of title 14, United States Code, is amended by inserting after the item relating to section 427 the following: 428. Sea service letters. . (c) Crediting of United States Armed Forces service, training, and qualifications (1) Maximizing creditability The Secretary of the department in which the Coast Guard is operating, in implementing United States merchant mariner license, certification, and document laws and the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, shall maximize the extent to which United States Armed Forces service, training, and qualifications are creditable toward meeting the requirements of such laws and such Convention. (2) Notification Not later than 90 days after the date of enactment of this Act, the Secretary shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the steps taken to implement this subsection. (d) Merchant Marine Post-Service Career Opportunities Not later than 180 days after the date of enactment of this Act, the Commandant of the Coast Guard shall take steps to promote better awareness, on an ongoing basis, among Coast Guard personnel regarding post-service use of Coast Guard training, education, and practical experience in satisfaction of requirements for merchant mariner credentials under section 11.213 of title 46, Code of Federal Regulations. 306. Clarification of high-risk waters Section 55305(e) of title 46, United States Code, is amended— (1) in paragraph (1)— (A) by striking provide armed personnel aboard and inserting reimburse, subject to the availability of appropriations, the owners or operators of ; and (B) by inserting for the cost of providing armed personnel aboard such vessels before if ; and (2) by striking paragraphs (2) and (3) and inserting the following: (2) In this subsection, the term high-risk waters means waters so designated by the Commandant of the Coast Guard in the maritime security directive issued by the Commandant and in effect on the date on which an applicable voyage begins, if the Secretary of Transportation— (A) determines that an act of piracy occurred in the 12-month period preceding the date the voyage begins; or (B) in such period, issued an advisory warning that an act of piracy is possible in such waters. . 307. Technical corrections (a) Title 46 Section 2116(b)(1)(D) of title 46, United States Code, is amended by striking section 93(c) and inserting section 93(c) of title 14 . (b) Coast Guard and Maritime Transportation Act of 2006 Section 304(a) of the Coast Guard and Maritime Transportation Act of 2006 ( Public Law 109–241 ; 33 U.S.C. 1503 note) is amended by inserting and from before the United States . (c) Deepwater Port Act of 1974 Section 4(i) of the Deepwater Port Act of 1974 ( 33 U.S.C. 1503(i) ) is amended by inserting or that will supply after be supplied with . 308. Report Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the number of jobs, including vessel construction and vessel operating jobs, that would be created in the United States maritime industry each year in 2015 through 2025 if liquified natural gas exported from the United States were required to be carried— (1) before December 31, 2018, on vessels documented under the laws of the United States; and (2) on and after such date, on vessels documented under the laws of the United States and constructed in the United States. 309. Fishing safety grant programs (a) Fishing safety training grant program Section 4502(i)(4) of title 46, United States Code, is amended by striking 2010 through 2014 and inserting 2015 through 2017 . (b) Fishing safety research grant program Section 4502(j)(4) of title 46, United States Code, is amended by striking 2010 through 2014 and inserting 2015 through 2017 . 310. Establishment of Merchant Marine Personnel Advisory Committee (a) Establishment Chapter 81 of title 46, United States Code, is amended by adding at the end the following: 8108. Merchant Marine Personnel Advisory Committee (a) Establishment The Secretary shall establish a Merchant Marine Personnel Advisory Committee (in this section referred to as the Committee ). The Committee— (1) shall act solely in an advisory capacity to the Secretary through the Commandant of the Coast Guard on matters relating to personnel in the United States merchant marine, including training, qualifications, certification, documentation, and fitness standards, and other matters as assigned by the Commandant; (2) shall review and comment on proposed Coast Guard regulations and policies relating to personnel in the United States merchant marine, including training, qualifications, certification, documentation, and fitness standards; (3) may be given special assignments by the Secretary and may conduct studies, inquiries, workshops, and fact finding in consultation with individuals and groups in the private sector and with State or local governments; (4) shall advise, consult with, and make recommendations reflecting its independent judgment to the Secretary; (5) shall meet not less than twice each year; and (6) may make available to Congress recommendations that the Committee makes to the Secretary. (b) Membership (1) In general The Committee shall consist of not more than 19 members who are appointed by and serve terms of a duration determined by the Secretary. Before filling a position on the Committee, the Secretary shall publish a notice in the Federal Register soliciting nominations for membership on the Committee. (2) Required members Subject to paragraph (3), the Secretary shall appoint as members of the Committee— (A) 9 United States citizens with active licenses or certificates issued under chapter 71 or merchant mariner documents issued under chapter 73, including— (i) 3 deck officers who represent the viewpoint of merchant marine deck officers, of whom— (I) 2 shall be licensed for oceans any gross tons; (II) 1 shall be licensed for inland river route with a limited or unlimited tonnage; (III) 2 shall have a master’s license or a master of towing vessels license; (IV) 1 shall have significant tanker experience; and (V) to the extent practicable— (aa) 1 shall represent the viewpoint of labor; and (bb) another shall represent a management perspective; (ii) 3 engineering officers who represent the viewpoint of merchant marine engineering officers, of whom— (I) 2 shall be licensed as chief engineer any horsepower; (II) 1 shall be licensed as either a limited chief engineer or a designated duty engineer; and (III) to the extent practicable— (aa) 1 shall represent a labor viewpoint; and (bb) another shall represent a management perspective; (iii) 2 unlicensed seamen, of whom— (I) 1 shall represent the viewpoint of able-bodied seamen; and (II) another shall represent the viewpoint of qualified members of the engine department; and (iv) 1 pilot who represents the viewpoint of merchant marine pilots; (B) 6 marine educators, including— (i) 3 marine educators who represent the viewpoint of maritime academies, including— (I) 2 who represent the viewpoint of State maritime academies and are jointly recommended by such State maritime academies; and (II) 1 who represents either the viewpoint of the State maritime academies or the United States Merchant Marine Academy; and (ii) 3 marine educators who represent the viewpoint of other maritime training institutions, 1 of whom shall represent the viewpoint of the small vessel industry; (C) 2 individuals who represent the viewpoint of shipping companies employed in ship operation management; and (D) 2 members who are appointed from the general public. (3) Consultation The Secretary shall consult with the Secretary of Transportation in making an appointment under paragraph (2)(B)(i)(II). (c) Chairman and Vice Chairman The Secretary shall designate one member of the Committee as the Chairman and one member of the Committee as the Vice Chairman. The Vice Chairman shall act as Chairman in the absence or incapacity of the Chairman, or in the event of a vacancy in the office of the Chairman. (d) Subcommittees The Committee may establish and disestablish subcommittees and working groups for any purpose consistent with this section, subject to conditions imposed by the Committee. Members of the Committee and additional persons drawn from the general public may be assigned to such subcommittees and working groups. Only Committee members may chair subcommittee or working groups. (e) Termination The Committee shall terminate on September 30, 2020. . (b) Clerical amendment The analysis for such chapter is amended by adding at the end the following: 8108. Merchant Marine Personnel Advisory Committee. . 311. Travel and subsistence costs for prevention services (a) Title 46, United States Code Section 2110 of title 46, United States Code, is amended— (1) by amending subsection (b) to read as follows: (b) (1) In addition to the collection of fees and charges established under subsection (a), in providing a service or thing of value under this subtitle the Secretary may accept in-kind transportation, travel, and subsistence. (2) The value of in-kind transportation, travel, and subsistence accepted under this paragraph may not exceed applicable per diem rates set forth in regulations prescribed under section 464 of title 37. ; and (2) in subsection (c), by striking subsections (a) and (b), and inserting subsection (a), . (b) Title 14, United States Code Section 664 of title 14, United States Code, is amended by redesignating subsections (e) though (g) as subsections (f) through (h), respectively, and by inserting after subsection (d) the following: (e) (1) In addition to the collection of fees and charges established under this section, in the provision of a service or thing of value by the Coast Guard the Secretary may accept in-kind transportation, travel, and subsistence. (2) The value of in-kind transportation, travel, and subsistence accepted under this paragraph may not exceed applicable per diem rates set forth in regulations prescribed under section 464 of title 37. . (c) Limitation The Secretary of the Department in which the Coast Guard is operating may not accept in-kind transportation, travel, or subsistence under section 664(e) of title 14, United States Code, or section 2110(d)(4) of title 46, United States Code, as amended by this section, until the Commandant of the Coast Guard— (1) amends the Standards of Ethical Conduct for members and employees of the Coast Guard to include regulations governing the acceptance of in-kind reimbursements; and (2) notifies the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of the amendments made under paragraph (1). 312. Prompt intergovernmental notice of marine casualties Section 6101 of title 46, United States Code, is amended— (1) by inserting after subsection (b) the following: (c) Notice to State and tribal governments Not later than 24 hours after receiving a notice of a major marine casualty under this section, the Secretary shall notify each State or federally recognized Indian tribe that is, or may reasonably be expected to be, affected by such marine casualty. ; (2) in subsection (h)— (A) by striking (1) ; and (B) by redesignating subsection (h)(2) as subsection (i) of section 6101, and in such subsection— (i) by striking paragraph, and inserting section, ; and (ii) by redesignating subparagraphs (A) through (D) as paragraphs (1) through (4); and (3) by redesignating the last subsection as subsection (j). 313. Area Contingency Plans Section 311(j)(4) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(j)(4) ) is amended— (1) in subparagraph (A), by striking qualified personnel of Federal, State, and local agencies. and inserting “qualified— (i) personnel of Federal, State, and local agencies; and (ii) members of federally recognized Indian tribes, where applicable. ; (2) in subparagraph (B)(ii)— (A) by striking and local and inserting , local, and tribal ; and (B) by striking wildlife; and inserting wildlife, including advance planning with respect to the closing and reopening of fishing areas following a discharge; ; (3) in subparagraph (B)(iii), by striking and local and inserting , local, and tribal ; and (4) in subparagraph (C)— (A) in clause (iv), by striking and Federal, State, and local agencies and inserting , Federal, State, and local agencies, and tribal governments ; (B) by redesignating clauses (vii) and (viii) as clauses (viii) and (ix), respectively; and (C) by inserting after clause (vi) the following: (vii) include a framework for advance planning and decisionmaking with respect to the closing and reopening of fishing areas following a discharge, including protocols and standards for the closing and reopening of fishing areas; . 314. International ice patrol reform (a) In general Chapter 803 of title 46, United States Code, is amended— (1) in section 80301, by adding at the end the following: (c) Payments Payments received pursuant to subsection (b)(1) shall be credited to the appropriation for operating expenses of the Coast Guard. ; (2) in section 80302— (A) in subsection (b), by striking An ice patrol vessel and inserting The ice patrol ; (B) in subsection (c)(1), by striking An ice patrol vessel and inserting The ice patrol ; and (C) in the first sentence of subsection (d), by striking vessels and inserting aircraft ; and (3) by adding at the end the following: 80304. Limitation on ice patrol data Notwithstanding sections 80301 and 80302, data collected by an ice patrol conducted by the Coast Guard under this chapter may not be disseminated to a vessel unless such vessel is— (1) documented under the laws of the United States; or (2) documented under the laws of a foreign country that made the payment or contribution required under section 80301(b) for the year preceding the year in which the data is collected. . (b) Clerical amendment The analysis for such chapter is amended by adding at the end the following: 80304. Limitation on ice patrol data. . (c) Effective date This section shall take effect on January 1, 2017. 315. Offshore supply vessel third-party inspection Section 3316 of title 46, United States Code, is amended by redesignating subsection (f) as subsection (g), and by inserting after subsection (e) the following: (f) (1) Upon request of an owner or operator of an offshore supply vessel, the Secretary shall delegate the authorities set forth in paragraph (1) of subsection (b) with respect to such vessel to a classification society to which a delegation is authorized under that paragraph. A delegation by the Secretary under this subsection shall be used for any vessel inspection and examination function carried out by the Secretary, including the issuance of certificates of inspection and all other related documents. (2) If the Secretary determines that a certificate of inspection or related document issued under authority delegated under paragraph (1) of this subsection with respect to a vessel has reduced the operational safety of that vessel, the Secretary may terminate the certificate or document, respectively. (3) Not later than 2 years after the date of the enactment of the Howard Coble Coast Guard and Maritime Transportation Act of 2014 , and for each year of the subsequent 2-year period, the Secretary shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing— (A) the number of vessels for which a delegation was made under paragraph (1); (B) any savings in personnel and operational costs incurred by the Coast Guard that resulted from the delegations; and (C) based on measurable marine casualty and other data, any impacts of the delegations on the operational safety of vessels for which the delegations were made, and on the crew on those vessels. . 316. Watches Section 8104 of title 46, United States Code, is amended— (1) in subsection (d), by striking coal passers, firemen, oilers, and water tenders and inserting and oilers ; and (2) in subsection (g)(1), by striking (except the coal passers, firemen, oilers, and water tenders) . 317. Coast Guard response plan requirements (a) Vessel response plan contents The Secretary of the department in which the Coast Guard is operating shall require that each vessel response plan prepared for a mobile offshore drilling unit includes information from the facility response plan prepared for the mobile offshore drilling unit regarding the planned response to a worst case discharge, and to a threat of such a discharge. (b) Definitions In this section: (1) Mobile offshore drilling unit The term mobile offshore drilling unit has the meaning given that term in section 1001 of the Oil Pollution Act of 1990 ( 33 U.S.C. 2701 ). (2) Response plan The term response plan means a response plan prepared under section 311(j) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(j) ). (3) Worst case discharge The term worst case discharge has the meaning given that term under section 311(a) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(a) ). (c) Rule of construction Nothing in this section shall be construed to require the Coast Guard to review or approve a facility response plan for a mobile offshore drilling unit. 318. Regional Citizens’ Advisory Council Section 5002(k)(3) of the Oil Pollution Act of 1990 ( 33 U.S.C. 2732(k)(3) ) is amended by striking not more than $1,000,000 and inserting not less than $1,400,000 . 319. Uninspected passenger vessels in the United States Virgin Islands (a) In General Section 4105 of title 46, United States Code, is amended— (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following: (b) (1) In applying this title with respect to an uninspected vessel of less than 24 meters overall in length that carries passengers to or from a port in the United States Virgin Islands, the Secretary shall substitute 12 passengers for 6 passengers each place it appears in section 2101(42) if the Secretary determines that the vessel complies with, as applicable to the vessel— (A) the Code of Practice for the Safety of Small Commercial Motor Vessels (commonly referred to as the Yellow Code ), as published by the U.K. Maritime and Coastguard Agency and in effect on January 1, 2014; or (B) the Code of Practice for the Safety of Small Commercial Sailing Vessels (commonly referred to as the Blue Code ), as published by such agency and in effect on such date. (2) If the Secretary establishes standards to carry out this subsection— (A) such standards shall be identical to those established in the Codes of Practice referred to in paragraph (1); and (B) on any dates before the date on which such standards are in effect, the Codes of Practice referred to in paragraph (1) shall apply with respect to the vessels referred to in paragraph (1). . (b) Technical correction Section 4105(c) of title 46, United States Code, as redesignated by subsection (a)(1) of this section, is amended by striking Within twenty-four months of the date of enactment of this subsection, the and inserting The . 320. Treatment of abandoned seafarers (a) In general Chapter 111 of title 46, United States Code, is amended by adding at the end the following: 11113. Treatment of abandoned seafarers (a) Abandoned Seafarers Fund (1) Establishment There is established in the Treasury a separate account to be known as the Abandoned Seafarers Fund. (2) Authorized uses Amounts in the Fund may be appropriated to the Secretary for use— (A) to pay necessary support of a seafarer— (i) who— (I) was paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5) ), or for whom the Secretary has requested parole under such section; and (II) is involved in an investigation, reporting, documentation, or adjudication of any matter that is related to the administration or enforcement of law by the Coast Guard; or (ii) who— (I) is physically present in the United States; (II) the Secretary determines was abandoned in the United States; and (III) has not applied for asylum under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ); and (B) to reimburse a vessel owner or operator for the costs of necessary support of a seafarer who has been paroled into the United States to facilitate an investigation, reporting, documentation, or adjudication of any matter that is related to the administration or enforcement of law by the Coast Guard, if— (i) the vessel owner or operator is not convicted of a criminal offense related to such matter; or (ii) the Secretary determines that reimbursement is appropriate. (3) Crediting of amounts to fund (A) In general Except as provided in subparagraph (B), there shall be credited to the Fund the following: (i) Penalties deposited in the Fund under section 9 of the Act to Prevent Pollution from Ships ( 33 U.S.C. 1908 ). (ii) Amounts reimbursed or recovered under subsection (c). (B) Limitation Amounts may be credited to the Fund under subparagraph (A) only if the unobligated balance of the Fund is less than $5,000,000. (4) Report required On the date on which the President submits each budget for a fiscal year pursuant to section 1105 of title 31, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that describes— (A) the amounts credited to the Fund under paragraph (2) for the preceding fiscal year; and (B) amounts in the Fund that were expended for the preceding fiscal year. (b) Limitation Nothing in this section shall be construed— (1) to create a private right of action or any other right, benefit, or entitlement to necessary support for any person; or (2) to compel the Secretary to pay or reimburse the cost of necessary support. (c) Reimbursement; recovery (1) In general A vessel owner or operator shall reimburse the Fund an amount equal to the total amount paid from the Fund for necessary support of a seafarer, if— (A) the vessel owner or operator— (i) during the course of an investigation, reporting, documentation, or adjudication of any matter under this Act that the Coast Guard referred to a United States attorney or the Attorney General, fails to provide necessary support of a seafarer who was paroled into the United States to facilitate the investigation, reporting, documentation, or adjudication; and (ii) subsequently is— (I) convicted of a criminal offense related to such matter; or (II) required to reimburse the Fund pursuant to a court order or negotiated settlement related to such matter; or (B) the vessel owner or operator abandons a seafarer in the United States, as determined by the Secretary based on substantial evidence. (2) Enforcement If a vessel owner or operator fails to reimburse the Fund under paragraph (1) within 60 days after receiving a written, itemized description of reimbursable expenses and a demand for payment, the Secretary may— (A) proceed in rem against the vessel on which the seafarer served in the Federal district court for the district in which the vessel is found; and (B) withhold or revoke the clearance required under section 60105 for the vessel and any other vessel operated by the same operator (as that term is defined in section 2(9)(a) of the Act to Prevent Pollution from Ships (33 U.S.C. 1901(9)(a)) as the vessel on which the seafarer served. (3) Obtaining clearance A vessel may obtain clearance from the Secretary after it is withheld or revoked under paragraph (2)(B) if the vessel owner or operator— (A) reimburses the Fund the amount required under paragraph (1); or (B) provides a bond, or other evidence of financial responsibility, sufficient to meet the amount required to be reimbursed under paragraph (1). (4) Notification required The Secretary shall notify the vessel at least 72 hours before taking any action under paragraph (2)(B). (d) Definitions In this section: (1) Abandons; abandoned Each of the terms abandons and abandoned means— (A) a vessel owner’s or operator’s unilateral severance of ties with a seafarer; or (B) a vessel owner’s or operator’s failure to provide necessary support of a seafarer. (2) Fund The term Fund means the Abandoned Seafarers Fund established under this section. (3) Necessary support The term necessary support means normal wages and expenses the Secretary considers reasonable for lodging, subsistence, clothing, medical care (including hospitalization), repatriation, and any other support the Secretary considers to be appropriate. (4) Seafarer The term seafarer means an alien crew member who is employed or engaged in any capacity on board a vessel subject to the jurisdiction of the United States. (5) Vessel subject to the jurisdiction of the United States The term vessel subject to the jurisdiction of the United States has the meaning given that term in section 70502(c), except that it does not include a vessel that is— (A) owned, or operated under a bareboat charter, by the United States, a State or political subdivision thereof, or a foreign nation; and (B) not engaged in commerce. . (b) Clerical amendment The analysis for such chapter is amended by adding at the end the following: 11113. Treatment of abandoned seafarers. . (c) Conforming amendment Section 9 of the Act to Prevent Pollution from Ships ( 33 U.S.C. 1908 ) is amended by adding at the end the following: (g) Any penalty collected under subsection (a) or (b) that is not paid under that subsection to the person giving information leading to the conviction or assessment of such penalties shall be deposited in the Abandoned Seafarers Fund established under section 11113 of title 46, United States Code. . 321. Enforcement (a) In General Section 55305(d) of title 46, United States Code, is amended— (1) by amending paragraph (1) to read as follows: (1) Each department or agency that has responsibility for a program under this section shall administer that program consistent with this section and any regulations and guidance issued by the Secretary of Transportation concerning this section. ; (2) by redesignating paragraph (2) as paragraph (3), and by inserting after paragraph (1) the following: (2) (A) The Secretary shall have exclusive authority for determining the applicability of this section to a program of a Federal department or agency. (B) The head of a Federal department or agency shall request the Secretary to determine the applicability of this section to a program of such department or agency if the department or agency is uncertain of such applicability. Not later than 30 days after receiving such a request, the Secretary shall make such determination. (C) Subparagraph (B) shall not be construed to limit the authority of the Secretary to make a determination regarding the applicability of this section to a program administered by a Federal department or agency. (D) A determination made by the Secretary under this paragraph regarding a program shall remain in effect until the Secretary determines that this section no longer applies to such program. ; (3) in paragraph (3), as so redesignated, by amending subparagraph (A) to read as follows: (A) shall conduct an annual review of the administration of programs subject to the requirements of this section to determine compliance with the requirements of this section; ; and (4) by adding at the end the following: (4) On the date on which the President submits to Congress a budget pursuant to section 1105 of title 31, the Secretary shall make available on the Internet website of the Department of Transportation a report that— (A) lists the programs that were subject to determinations made by the Secretary under paragraph (2) in the preceding year; and (B) describes the results of the most recent annual review required by paragraph (3)(A), including identification of the departments and agencies that transported cargo in violation of this section and any action the Secretary took under paragraph (3) with respect to each violation. . (b) Deadline for first review The Secretary of Transportation shall complete the first review required under the amendment made by subsection (a)(1)(C) by not later than December 31, 2015. (c) Conforming amendment Section 3511(c) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( 46 U.S.C. 55305 note) is repealed. 322. Coast Guard regulations (a) In general Not later than 1 year after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an analysis of the Coast Guard’s proposed promulgation of safety and environmental management system requirements for vessels engaged in Outer Continental Shelf activities. The analysis shall include— (1) a discussion of any new operational, management, design and construction, financial, and other mandates that would be imposed on vessel owners and operators; (2) an estimate of all associated direct and indirect operational, management, personnel, training, vessel design and construction, record keeping, and other costs; (3) an identification and justification of any of such proposed requirements that exceed those in international conventions applicable to the design, construction, operation, and management of vessels engaging in United States Outer Continental Shelf activities; and (4) an identification of exemptions to the proposed requirements, that are based upon vessel classification, tonnage, offshore activity or function, alternative certifications, or any other appropriate criteria. (b) Limitation The Secretary may not issue proposed regulations relating to safety and environmental management system requirements for vessels on the United States Outer Continental Shelf for which noticed was published on September 10, 2013 (78 Fed. Reg. 55230) earlier than 6 months after the submittal of the analysis required by subsection (a). 323. Website (a) Reports to Secretary of Transportation; incidents and details Section 3507(g)(3)(A) of title 46, United States Code, is amended— (1) in clause (ii) by striking the incident to an Internet based portal maintained by the Secretary and inserting each incident specified in clause (i) to the Internet website maintained by the Secretary of Transportation under paragraph (4)(A) ; and (2) in clause (iii) by striking based portal maintained by the Secretary and inserting website maintained by the Secretary of Transportation under paragraph (4)(A) . (b) Availability of incident data on Internet Section 3507(g)(4) of title 46, United States Code, is amended— (1) by striking subparagraph (A) and inserting the following: (A) Website (i) In general The Secretary of Transportation shall maintain a statistical compilation of all incidents on board a cruise vessel specified in paragraph (3)(A)(i) on an Internet website that provides a numerical accounting of the missing persons and alleged crimes reported under that paragraph without regard to the investigative status of the incident. (ii) Updates and other requirements The compilation under clause (i) shall— (I) be updated not less frequently than quarterly; (II) be able to be sorted by cruise line; (III) identify each cruise line by name; (IV) identify each crime or alleged crime committed or allegedly committed by a passenger or crewmember; and (V) identify the number of individuals alleged overboard. (iii) User-friendly format The Secretary of Transportation shall ensure that the compilation, data, and any other information provided on the Internet website maintained under this subparagraph are in a user-friendly format. ; and (2) in subparagraph (B) by striking Secretary and inserting Secretary of Transportation . IV Federal Maritime Commission 401. Authorization of appropriations There is authorized to be appropriated to the Federal Maritime Commission $24,700,000 for fiscal year 2015. 402. Award of reparations Section 41305 of title 46, United States Code, is amended— (1) in subsection (b), by striking , plus reasonable attorney fees ; and (2) by adding at the end the following: (e) Attorney fees In any action brought under section 41301, the prevailing party may be awarded reasonable attorney fees. . 403. Terms of Commissioners (a) In general Section 301(b) of title 46, United States Code, is amended— (1) by amending paragraph (2) to read as follows: (2) Terms The term of each Commissioner is 5 years. When the term of a Commissioner ends, the Commissioner may continue to serve until a successor is appointed and qualified, but for a period not to exceed one year. Except as provided in paragraph (3), no individual may serve more than 2 terms. ; and (2) by redesignating paragraph (3) as paragraph (5), and inserting after paragraph (2) the following: (3) Vacancies A vacancy shall be filled in the same manner as the original appointment. An individual appointed to fill a vacancy is appointed only for the unexpired term of the individual being succeeded. An individual appointed to fill a vacancy may serve 2 terms in addition to the remainder of the term for which the predecessor of that individual was appointed. (4) Conflicts of interest (A) Limitation on relationships with regulated entities A Commissioner may not have a pecuniary interest in, hold an official relation to, or own stocks or bonds of any entity the Commission regulates under chapter 401 of this title. (B) Limitation on other activities A Commissioner may not engage in another business, vocation, or employment. . (b) Applicability The amendment made by subsection (a)(1) does not apply with respect to a Commissioner of the Federal Maritime Commission appointed and confirmed by the Senate before the date of the enactment of this Act. V Arctic Maritime Transportation 501. Arctic maritime transportation (a) Arctic maritime transportation Chapter 5 of title 14, United States Code, is amended by inserting after section 89 the following: 90. Arctic maritime transportation (a) Purpose The purpose of this section is to ensure safe and secure maritime shipping in the Arctic including the availability of aids to navigation, vessel escorts, spill response capability, and maritime search and rescue in the Arctic. (b) International Maritime Organization Agreements To carry out the purpose of this section, the Secretary is encouraged to enter into negotiations through the International Maritime Organization to conclude and execute agreements to promote coordinated action among the United States, Russia, Canada, Iceland, Norway, and Denmark and other seafaring and Arctic nations to ensure, in the Arctic— (1) placement and maintenance of aids to navigation; (2) appropriate marine safety, tug, and salvage capabilities; (3) oil spill prevention and response capability; (4) maritime domain awareness, including long-range vessel tracking; and (5) search and rescue. (c) Coordination by Committee on the Maritime Transportation System The Committee on the Maritime Transportation System established under section 55501 of title 46, United States Code, shall coordinate the establishment of domestic transportation policies in the Arctic necessary to carry out the purpose of this section. (d) Agreements and contracts The Secretary may, subject to the availability of appropriations, enter into cooperative agreements, contracts, or other agreements with, or make grants to, individuals and governments to carry out the purpose of this section or any agreements established under subsection (b). (e) Icebreaking The Secretary shall promote safe maritime navigation by means of icebreaking where necessary, feasible, and effective to carry out the purposes of this section. (f) Arctic definition In this section, the term Arctic has the meaning given such term in section 112 of the Arctic Research and Policy Act of 1984 ( 15 U.S.C. 4111 ). . (b) Clerical amendment The analysis for such chapter is amended by inserting after the item relating to section 89 the following: 90. Arctic maritime transportation. . (c) Conforming amendment Section 307 of the Coast Guard Authorization Act of 2010 ( Public Law 111–281 ; 14 U.S.C. 92 note) is repealed. 502. Arctic maritime domain awareness (a) In general Chapter 7 of title 14, United States Code, is amended by adding at the end the following: 154. Arctic maritime domain awareness (a) In general The Commandant shall improve maritime domain awareness in the Arctic— (1) by promoting interagency cooperation and coordination; (2) by employing joint, interagency, and international capabilities; and (3) by facilitating the sharing of information, intelligence, and data related to the Arctic maritime domain between the Coast Guard and departments and agencies listed in subsection (b). (b) Coordination The Commandant shall seek to coordinate the collection, sharing, and use of information, intelligence, and data related to the Arctic maritime domain between the Coast Guard and the following: (1) The Department of Homeland Security. (2) The Department of Defense. (3) The Department of Transportation. (4) The Department of State. (5) The Department of the Interior. (6) The National Aeronautics and Space Administration. (7) The National Oceanic and Atmospheric Administration. (8) The Environmental Protection Agency. (9) The National Science Foundation. (10) The Arctic Research Commission. (11) Any Federal agency or commission or State the Commandant determines is appropriate. (c) Cooperation The Commandant and the head of a department or agency listed in subsection (b) may by agreement, on a reimbursable basis or otherwise, share personnel, services, equipment, and facilities to carry out the requirements of this section. (d) 5-Year strategic plan Not later than January 1, 2016 and every 5 years thereafter, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a 5-year strategic plan to guide interagency and international intergovernmental cooperation and coordination for the purpose of improving maritime domain awareness in the Arctic (e) Definitions In this section the term Arctic has the meaning given that term in section 112 of the Arctic Research and Policy Act of 1984 ( 15 U.S.C. 4111 ). . (b) Clerical amendment The analysis for such chapter is amended by inserting after the item relating to section 153 the following: 154. Arctic maritime domain awareness. . 503. IMO Polar Code negotiations Not later than 30 days after the date of the enactment of this Act, and thereafter with the submission of the budget proposal submitted for each of fiscal years 2016, 2017, and 2018 under section 1105 of title 31, United States Code, the Secretary of the department in which the Coast Guard is operating shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, a report on— (1) the status of the negotiations at the International Maritime Organization regarding the establishment of a draft international code of safety for ships operating in polar waters, popularly known as the Polar Code, and any amendments proposed by such a code to be made to the International Convention for the Safety of Life at Sea and the International Convention for the Prevention of Pollution from Ships; (2) the coming into effect of such a code and such amendments for nations that are parties to those conventions; (3) impacts, for coastal communities located in the Arctic (as that term is defined in the section 112 of the Arctic Research and Policy Act of 1984 ( 15 U.S.C. 4111 )) of such a code or such amendments, on— (A) the costs of delivering fuel and freight; and (B) the safety of maritime transportation; and (4) actions the Secretary must take to implement the requirements of such a code and such amendments. 504. Forward operating facilities The Secretary of the department in which the Coast Guard is operating may construct facilities in the Arctic (as that term is defined in section 112 of the Arctic Research and Policy Act of 1984 ( 15 U.S.C. 4111 ). The facilities shall— (1) support aircraft maintenance, including exhaust ventilation, heat, an engine wash system, fuel, ground support services, and electrical power; (2) provide shelter for both current helicopter assets and those projected to be located at Air Station Kodiak, Alaska, for at least 20 years; and (3) include accommodations for personnel. 505. Icebreakers (a) Coast Guard polar icebreakers Section 222 of the Coast Guard and Maritime Transportation Act of 2012 ( Public Law 112–213 ; 126 Stat. 1560) is amended— (1) in subsection (d)(2)— (A) in the paragraph heading by striking ; bridging strategy ; and (B) by striking Commandant of the Coast Guard and all that follows through the period at the end and inserting Commandant of the Coast Guard may decommission the Polar Sea. ; (2) by adding at the end of subsection (d) the following: (3) Result of no determination If in the analysis submitted under this section the Secretary does not make a determination under subsection (a)(5) regarding whether it is cost effective to reactivate the Polar Sea, then— (A) the Commandant of the Coast Guard may decommission the Polar Sea; or (B) the Secretary may make such determination, not later than 90 days after the date of the enactment of Howard Coble Coast Guard and Maritime Transportation Act of 2014 , and take actions in accordance with this subsection as though such determination was made in the analysis previously submitted. ; (3) by redesignating subsections (e), (f), and (g) as subsections (f), (g), and (h), respectively; and (4) by inserting after subsection (d) the following: (e) Strategies (1) In general Not later than 180 days after the date on which the analysis required under subsection (a) is submitted, the Commandant of the Coast Guard shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate— (A) unless the Secretary makes a determination under this section that it is cost effective to reactivate the Polar Sea, a bridging strategy for maintaining the Coast Guard’s polar icebreaking services until at least September 30, 2024; (B) a strategy to meet the Coast Guard’s Arctic ice operations needs through September 30, 2050; and (C) a strategy to meet the Coast Guard’s Antarctic ice operations needs through September 30, 2050. (2) Requirement The strategies required under paragraph (1) shall include a business case analysis comparing the leasing and purchasing of icebreakers to maintain the needs and services described in that paragraph. . (b) Cutter Polar Sea Upon the submission of a service life extension plan in accordance with section 222(d)(1)(C) of the Coast Guard and Maritime Transportation Act of 2012 ( Public Law 112–213 ; 126 Stat. 1560), the Secretary of the department in which the Coast Guard is operating may use funds authorized under section 101 of this Act to conduct a service life extension of 7 to 10 years for the Coast Guard Cutter Polar Sea (WAGB 11) in accordance with such plan. (c) Limitation (1) In general The Secretary of the department in which the Coast Guard is operating may not expend amounts appropriated for the Coast Guard for any of fiscal years 2015 through 2024, for— (A) design activities related to a capability of a Polar-Class Icebreaker that is based solely on an operational requirement of another Federal department or agency, except for amounts appropriated for design activities for a fiscal year before fiscal year 2016; or (B) long-lead-time materials, production, or post-delivery activities related to such a capability. (2) Other amounts Amounts made available to the Secretary under an agreement with another Federal department or agency and expended on a capability of a Polar-Class Icebreaker that is based solely on an operational requirement of that or another Federal department or agency shall not be treated as amounts expended by the Secretary for purposes of the limitation established under paragraph (1). 506. Icebreaking in polar regions (a) In general Chapter 5 of title 14, United States Code, is amended by inserting after section 86 the following: 87. Icebreaking in polar regions The President shall facilitate planning for the design, procurement, maintenance, deployment, and operation of icebreakers as needed to support the statutory missions of the Coast Guard in the polar regions by allocating all funds to support icebreaking operations in such regions, except for recurring incremental costs associated with specific projects, to the Coast Guard. . (b) Clerical amendment The analysis for such chapter is amended by inserting after the item relating to section 86 the following: 87. Icebreaking in polar regions. . VI Miscellaneous 601. Distant water tuna fleet Section 421 of the Coast Guard and Maritime Transportation Act of 2006 ( 46 U.S.C. 8103 note) is amended— (1) by striking subsections (c) and (e); and (2) by redesignating subsections (d) and (f) as subsections (c) and (d), respectively. 602. Extension of moratorium Section 2(a) of Public Law 110–299 ( 33 U.S.C. 1342 note) is amended by striking 2014 and inserting 2015 . 603. National maritime strategy (a) In general Not later than 60 days after the date of the enactment of this Act, the Secretary of Transportation, in consultation with the Secretary of the department in which the Coast Guard is operating, shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a national maritime strategy. (b) Contents The strategy required under subsection (a) shall— (1) identify— (A) Federal regulations and policies that reduce the competitiveness of United States flag vessels in international transportation markets; and (B) the impact of reduced cargo flow due to reductions in the number of members of the United States Armed Forces stationed or deployed outside of the United States; and (2) include recommendations to— (A) make United States flag vessels more competitive in shipping routes between United States and foreign ports; (B) increase the use of United States flag vessels to carry cargo imported to and exported from the United States; (C) ensure compliance by Federal agencies with chapter 553 of title 46, United States Code; (D) increase the use of third-party inspection and certification authorities to inspect and certify vessels; (E) increase the use of short sea transportation routes, including routes designated under section 55601(c) of title 46, United States Code, to enhance intermodal freight movements; and (F) enhance United States shipbuilding capability. 604. Waivers (a) John Craig (1) In general Section 8902 of title 46, United States Code, shall not apply to the vessel John Craig (United States official number D1110613) when such vessel is operating on the portion of the Kentucky River, Kentucky, located at approximately mile point 158, in Pool Number 9, between Lock and Dam Number 9 and Lock and Dam Number 10. (2) Application Paragraph (1) shall apply on and after the date on which the Secretary of the department in which the Coast Guard is operating determines that a licensing requirement has been established under Kentucky State law that applies to an operator of the vessel John Craig. (b) F/V Western Challenger Notwithstanding section 12132 of title 46, United States Code, the Secretary of the department in which the Coast Guard is operating may issue a certificate of documentation with a coastwise endorsement for the F/V Western Challenger (IMO number 5388108). 605. Competition by United States flag vessels (a) In general The Commandant of the Coast Guard shall enter into an arrangement with the National Academy of Sciences to conduct an assessment of authorities under subtitle II of title 46, United States Code, that have been delegated to the Coast Guard and that impact the ability of vessels documented under the laws of the United States to effectively compete in international transportation markets. (b) Review of differences with IMO standards The assessment under subsection (a) shall include a review of differences between United States laws, policies, regulations, and guidance governing the inspection of vessels documented under the laws of the United States and standards set by the International Maritime Organization governing the inspection of vessels. (c) Deadline Not later than 180 days after the date on which the Commandant enters into an arrangement with the National Academy of Sciences under subsection (a), the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate the assessment required under such subsection. 606. Vessel requirements for notices of arrival and departure and automatic identification system Not later than 30 days after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of the status of the final rule that relates to the notice of proposed rulemaking titled Vessel Requirements for Notices of Arrival and Departure, and Automatic Identification System and published in the Federal Register on December 16, 2008 (73 Fed. Reg. 76295). 607. Conveyance of Coast Guard property in Rochester, New York (a) Conveyance authorized The Commandant of the Coast Guard is authorized to convey, at fair market value, all right, title, and interest of the United States in and to a parcel of real property, consisting of approximately 0.2 acres, that is under the administrative control of the Coast Guard and located at 527 River Street in Rochester, New York. (b) Right of first refusal The City of Rochester, New York, shall have the right of first refusal with respect to the purchase, at fair market value, of the real property described in subsection (a). (c) Survey The exact acreage and legal description of the property described in subsection (a) shall be determined by a survey satisfactory to the Commandant. (d) Fair market value The fair market value of the property described in subsection (a) shall— (1) be determined by appraisal; and (2) be subject to the approval of the Commandant. (e) Costs of conveyance The responsibility for all reasonable and necessary costs, including real estate transaction and environmental documentation costs, associated with a conveyance under subsection (a) shall be determined by the Commandant and the purchaser. (f) Additional terms and conditions The Commandant may require such additional terms and conditions in connection with a conveyance under subsection (a) as the Commandant considers appropriate and reasonable to protect the interests of the United States. (g) Deposit of proceeds Any proceeds from a conveyance under subsection (a) shall be deposited in the fund established under section 687 of title 14, United States Code. 608. Conveyance of certain property in Gig Harbor, Washington (a) Definitions In this section, the following definitions apply: (1) City The term City means the city of Gig Harbor, Washington. (2) Property The term Property means the parcel of real property, together with any improvements thereon, consisting of approximately 0.86 acres of fast lands commonly identified as tract 65 of lot 1 of section 8, township 21 north, range 2 east, Willamette Meridian, on the north side of the entrance of Gig Harbor, narrows of Puget Sound, Washington. (3) Secretary The term “Secretary” means the Secretary of the Interior. (b) Conveyance (1) Authority to convey Not later than 30 days after the date on which the Secretary of the department in which the Coast Guard is operating relinquishes the reservation of the Property for lighthouse purposes, at the request of the City and subject to the requirements of this section, the Secretary shall convey to the City all right, title, and interest of the United States in and to the Property, notwithstanding the land use planning requirements of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 , 1713). (2) Terms of conveyance A conveyance made under paragraph (1) shall be made— (A) subject to valid existing rights; (B) at the fair market value as described in subsection (c); and (C) subject to any other condition that the Secretary may consider appropriate to protect the interests of the United States. (3) Costs The City shall pay any transaction or administrative costs associated with a conveyance under paragraph (1), including the costs of the appraisal, title searches, maps, and boundary and cadastral surveys. (4) Conveyance is not a major Federal action A conveyance under paragraph (1) shall not be considered a major Federal action for purposes of section 102(2) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2) ). (c) Fair market value (1) Determination The fair market value of the Property shall be— (A) determined by an appraisal conducted by an independent appraiser selected by the Secretary; and (B) approved by the Secretary in accordance with paragraph (3). (2) Requirements An appraisal conducted under paragraph (1) shall— (A) be conducted in accordance with nationally recognized appraisal standards, including— (i) the Uniform Appraisal Standards for Federal Land Acquisitions; and (ii) the Uniform Standards of Professional Appraisal Practice; and (B) shall reflect the equitable considerations described in paragraph (3). (3) Equitable considerations In approving the fair market value of the Property under this subsection, the Secretary shall take into consideration matters of equity and fairness, including the City’s past and current lease of the Property, any maintenance or improvements by the City to the Property, and such other factors as the Secretary considers appropriate. (d) Revocation; reversion Effective on and after the date on which a conveyance of the Property is made under subsection (b)(1)— (1) Executive Order 3528, dated August 9, 1921, is revoked; and (2) the use of the tide and shore lands belonging to the State of Washington and adjoining and bordering the Property, that were granted to the Government of the United States pursuant to the Act of the Legislature, State of Washington, approved March 13, 1909, the same being chapter 110 of the Session Laws of 1909, shall revert to the State of Washington. 609. Vessel determination The vessel assigned United States official number 1205366 is deemed a new vessel effective on the date of delivery of the vessel after January 1, 2012, from a privately owned United States shipyard, if no encumbrances are on record with the Coast Guard at the time of the issuance of the new certificate of documentation for the vessel. 610. Safe vessel operation in Thunder Bay The Secretary of the department in which the Coast Guard is operating and the Administrator of the Environmental Protection Agency may not prohibit a vessel operating within the existing boundaries and any future expanded boundaries of the Thunder Bay National Marine Sanctuary and Underwater Preserve from taking up or discharging ballast water to allow for safe and efficient vessel operation if the uptake or discharge meets all Federal and State ballast water management requirements that would apply if the area were not a marine sanctuary. 611. Parking facilities (a) Allocation and assignment (1) In general Subject to the requirements of this section, the Administrator of General Services, in coordination with the Commandant of the Coast Guard, shall allocate and assign the spaces in parking facilities at the Department of Homeland Security St. Elizabeths Campus to allow any member or employee of the Coast Guard, who is assigned to the Campus, to use such spaces. (2) Timing In carrying out paragraph (1), and in addition to the parking spaces allocated and assigned to Coast Guard members and employees in fiscal year 2014, the Administrator shall allocate and assign not less than— (A) 300 parking spaces not later than September 30, 2015; (B) 700 parking spaces not later than September 30, 2016; and (C) 1,042 parking spaces not later than September 30, 2017. (b) Transportation management report Not later than 1 year after the date of the enactment of this Act, and each fiscal year thereafter in which spaces are allocated and assigned under subsection (a)(2), the Administrator shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on— (1) the impact of assigning and allocating parking spaces under subsection (a) on the congestion of roads connecting the St. Elizabeths Campus to the portions of Suitland Parkway and I–295 located in the Anacostia section of the District of Columbia; and (2) progress made toward completion of essential transportation improvements identified in the Transportation Management Program for the St. Elizabeths Campus. (c) Reallocation Notwithstanding subsection (a), the Administrator may revise the allocation and assignment of spaces to members and employees of the Coast Guard made under subsection (a) as necessary to accommodate employees of the Department of Homeland Security, other than the Coast Guard, when such employees are assigned to the St. Elizabeths Campus. Passed the House of Representatives December 3, 2014. Karen L. Haas, Clerk.	https://www.govinfo.gov/content/pkg/BILLS-113hr5769eh/xml/BILLS-113hr5769eh.xml
113-hr-5770	I 113th CONGRESS 2d Session H. R. 5770 IN THE HOUSE OF REPRESENTATIVES December 1, 2014 Mr. Meeks (for himself, Mr. King of New York , and Mr. Grimm ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend the Disaster Assistance Recoupment Fairness Act of 2011 to extend authority granted to the Administrator of the Federal Emergency Management Agency to waive certain debts relating to disaster assistance provided to individuals and households, and for other purposes. 1. Short title This Act may be cited as the Disaster Assistance Recoupment Fairness Act of 2014 . 2. Extension of waiver authority Section 565 of title V of division D of the Consolidated Appropriations Act, 2012 (125 Stat. 982; also known as the Disaster Assistance Recoupment Fairness Act of 2011 ) is amended in subsection (b)(1)(B) by striking December 31, 2010 and inserting December 31, 2014 .	https://www.govinfo.gov/content/pkg/BILLS-113hr5770ih/xml/BILLS-113hr5770ih.xml
113-hr-5771	I 113th CONGRESS 2d Session H. R. 5771 IN THE HOUSE OF REPRESENTATIVES AN ACT To amend the Internal Revenue Code of 1986 to extend certain expiring provisions and make technical corrections, to amend the Internal Revenue Code of 1986 to provide for the tax treatment of ABLE accounts established under State programs for the care of family members with disabilities, and for other purposes. A Tax Increase Prevention Act of 2014 1. Short title, etc (a) Short title This division may be cited as the Tax Increase Prevention Act of 2014 . (b) Amendment of 1986 Code Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of contents The table of contents for this Act is as follows: Division A—Tax Increase Prevention Act of 2014 Sec. 1. Short title, etc. Title I—Certain expiring provisions Subtitle A—Individual tax extenders Sec. 101. Extension of deduction for certain expenses of elementary and secondary school teachers. Sec. 102. Extension of exclusion from gross income of discharge of qualified principal residence indebtedness. Sec. 103. Extension of parity for employer-provided mass transit and parking benefits. Sec. 104. Extension of mortgage insurance premiums treated as qualified residence interest. Sec. 105. Extension of deduction of State and local general sales taxes. Sec. 106. Extension of special rule for contributions of capital gain real property made for conservation purposes. Sec. 107. Extension of above-the-line deduction for qualified tuition and related expenses. Sec. 108. Extension of tax-free distributions from individual retirement plans for charitable purposes. Subtitle B—Business tax extenders Sec. 111. Extension of research credit. Sec. 112. Extension of temporary minimum low-income housing tax credit rate for non-federally subsidized buildings. Sec. 113. Extension of military housing allowance exclusion for determining whether a tenant in certain counties is low-income. Sec. 114. Extension of Indian employment tax credit. Sec. 115. Extension of new markets tax credit. Sec. 116. Extension of railroad track maintenance credit. Sec. 117. Extension of mine rescue team training credit. Sec. 118. Extension of employer wage credit for employees who are active duty members of the uniformed services. Sec. 119. Extension of work opportunity tax credit. Sec. 120. Extension of qualified zone academy bonds. Sec. 121. Extension of classification of certain race horses as 3-year property. Sec. 122. Extension of 15-year straight-line cost recovery for qualified leasehold improvements, qualified restaurant buildings and improvements, and qualified retail improvements. Sec. 123. Extension of 7-year recovery period for motorsports entertainment complexes. Sec. 124. Extension of accelerated depreciation for business property on an Indian reservation. Sec. 125. Extension of bonus depreciation. Sec. 126. Extension of enhanced charitable deduction for contributions of food inventory. Sec. 127. Extension of increased expensing limitations and treatment of certain real property as section 179 property. Sec. 128. Extension of election to expense mine safety equipment. Sec. 129. Extension of special expensing rules for certain film and television productions. Sec. 130. Extension of deduction allowable with respect to income attributable to domestic production activities in Puerto Rico. Sec. 131. Extension of modification of tax treatment of certain payments to controlling exempt organizations. Sec. 132. Extension of treatment of certain dividends of regulated investment companies. Sec. 133. Extension of RIC qualified investment entity treatment under FIRPTA. Sec. 134. Extension of subpart F exception for active financing income. Sec. 135. Extension of look-thru treatment of payments between related controlled foreign corporations under foreign personal holding company rules. Sec. 136. Extension of temporary exclusion of 100 percent of gain on certain small business stock. Sec. 137. Extension of basis adjustment to stock of S corporations making charitable contributions of property. Sec. 138. Extension of reduction in S-corporation recognition period for built-in gains tax. Sec. 139. Extension of empowerment zone tax incentives. Sec. 140. Extension of temporary increase in limit on cover over of rum excise taxes to Puerto Rico and the Virgin Islands. Sec. 141. Extension of American Samoa economic development credit. Subtitle C—Energy tax extenders Sec. 151. Extension of credit for nonbusiness energy property. Sec. 152. Extension of second generation biofuel producer credit. Sec. 153. Extension of incentives for biodiesel and renewable diesel. Sec. 154. Extension of production credit for Indian coal facilities placed in service before 2009. Sec. 155. Extension of credits with respect to facilities producing energy from certain renewable resources. Sec. 156. Extension of credit for energy-efficient new homes. Sec. 157. Extension of special allowance for second generation biofuel plant property. Sec. 158. Extension of energy efficient commercial buildings deduction. Sec. 159. Extension of special rule for sales or dispositions to implement FERC or State electric restructuring policy for qualified electric utilities. Sec. 160. Extension of excise tax credits relating to certain fuels. Sec. 161. Extension of credit for alternative fuel vehicle refueling property. Subtitle D—Extenders relating to multiemployer defined benefit pension plans Sec. 171. Extension of automatic extension of amortization periods. Sec. 172. Extension of shortfall funding method and endangered and critical rules. Title II—Technical Corrections Sec. 201. Short title. Sec. 202. Amendments relating to American Taxpayer Relief Act of 2012. Sec. 203. Amendment relating to Middle Class Tax Relief and Job Creation Act of 2012. Sec. 204. Amendment relating to FAA Modernization and Reform Act of 2012. Sec. 205. Amendments relating to Regulated Investment Company Modernization Act of 2010. Sec. 206. Amendments relating to Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010. Sec. 207. Amendments relating to Creating Small Business Jobs Act of 2010. Sec. 208. Clerical amendment relating to Hiring Incentives to Restore Employment Act. Sec. 209. Amendments relating to American Recovery and Reinvestment Tax Act of 2009. Sec. 210. Amendments relating to Energy Improvement and Extension Act of 2008. Sec. 211. Amendments relating to Tax Extenders and Alternative Minimum Tax Relief Act of 2008. Sec. 212. Clerical amendments relating to Housing Assistance Tax Act of 2008. Sec. 213. Amendments and provision relating to Heroes Earnings Assistance and Relief Tax Act of 2008. Sec. 214. Amendments relating to Economic Stimulus Act of 2008. Sec. 215. Amendments relating to Tax Technical Corrections Act of 2007. Sec. 216. Amendment relating to Tax Relief and Health Care Act of 2006. Sec. 217. Amendment relating to Safe, Accountable, Flexible, Efficient Transportation Equity Act of 2005: A Legacy for Users. Sec. 218. Amendments relating to Energy Tax Incentives Act of 2005. Sec. 219. Amendments relating to American Jobs Creation Act of 2004. Sec. 220. Other clerical corrections. Sec. 221. Deadwood provisions. Title III—Joint Committee on Taxation Sec. 301. Increased refund and credit threshold for Joint Committee on Taxation review of C corporation return. Title IV—Budgetary effects Sec. 401. Budgetary effects. Division B—Achieving a Better Life Experience Act of 2014 Sec. 1. Short title; etc. Title I—Qualified Able Programs Sec. 101. Purposes. Sec. 102. Qualified ABLE programs. Sec. 103. Treatment of ABLE accounts under certain Federal programs. Sec. 104. Treatment of able accounts in bankruptcy. Sec. 105. Investment direction rule for 529 plans. Title II—Offsets Sec. 201. Correction to workers compensation offset age. Sec. 202. Accelerated application of relative value targets for misvalued services in the Medicare physician fee schedule. Sec. 203. Consistent treatment of vacuum erection systems in Medicare Parts B and D. Sec. 204. One-year delay of implementation of oral-only policy under Medicare ESRD prospective payment system. Sec. 205. Modification relating to Inland Waterways Trust Fund financing rate. Sec. 206. Certified professional employer organizations. Sec. 207. Exclusion of dividends from controlled foreign corporations from the definition of personal holding company income for purposes of the personal holding company rules. Sec. 208. Inflation adjustment for certain civil penalties under the Internal Revenue Code of 1986. Sec. 209. Increase in continuous levy. I Certain expiring provisions A Individual tax extenders 101. Extension of deduction for certain expenses of elementary and secondary school teachers (a) In general Subparagraph (D) of section 62(a)(2) is amended by striking or 2013 and inserting 2013, or 2014 . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2013. 102. Extension of exclusion from gross income of discharge of qualified principal residence indebtedness (a) In general Subparagraph (E) of section 108(a)(1) is amended by striking January 1, 2014 and inserting January 1, 2015 . (b) Effective date The amendment made by this section shall apply to indebtedness discharged after December 31, 2013. 103. Extension of parity for employer-provided mass transit and parking benefits (a) In general Paragraph (2) of section 132(f) is amended by striking January 1, 2014 and inserting January 1, 2015 . (b) Effective date The amendment made by this section shall apply to months after December 31, 2013. 104. Extension of mortgage insurance premiums treated as qualified residence interest (a) In general Subclause (I) of section 163(h)(3)(E)(iv) is amended by striking December 31, 2013 and inserting December 31, 2014 . (b) Effective date The amendment made by this section shall apply to amounts paid or accrued after December 31, 2013. 105. Extension of deduction of State and local general sales taxes (a) In general Subparagraph (I) of section 164(b)(5) is amended by striking January 1, 2014 and inserting January 1, 2015 . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2013. 106. Extension of special rule for contributions of capital gain real property made for conservation purposes (a) In general Clause (vi) of section 170(b)(1)(E) is amended by striking December 31, 2013 and inserting December 31, 2014 . (b) Contributions by certain corporate farmers and ranchers Clause (iii) of section 170(b)(2)(B) is amended by striking December 31, 2013 and inserting December 31, 2014 . (c) Effective date The amendments made by this section shall apply to contributions made in taxable years beginning after December 31, 2013. 107. Extension of above-the-line deduction for qualified tuition and related expenses (a) In general Subsection (e) of section 222 is amended by striking December 31, 2013 and inserting December 31, 2014 . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2013. 108. Extension of tax-free distributions from individual retirement plans for charitable purposes (a) In general Subparagraph (F) of section 408(d)(8) is amended by striking December 31, 2013 and inserting December 31, 2014 . (b) Effective date The amendment made by this section shall apply to distributions made in taxable years beginning after December 31, 2013. B Business tax extenders 111. Extension of research credit (a) In general Paragraph (1) of section 41(h) is amended by striking paid or incurred and all that follows and inserting paid or incurred after December 31, 2014. . (b) Conforming amendment Subparagraph (D) of section 45C(b)(1) is amended to read as follows: (D) Special rule If section 41 is not in effect for any period, such section shall be deemed to remain in effect for such period for purposes of this paragraph. . (c) Effective date The amendments made by this section shall apply to amounts paid or incurred after December 31, 2013. 112. Extension of temporary minimum low-income housing tax credit rate for non-federally subsidized buildings (a) In general Subparagraph (A) of section 42(b)(2) is amended by striking January 1, 2014 and inserting January 1, 2015 . (b) Effective date The amendment made by this section shall take effect on January 1, 2014. 113. Extension of military housing allowance exclusion for determining whether a tenant in certain counties is low-income (a) In general Subsection (b) of section 3005 of the Housing Assistance Tax Act of 2008 is amended by striking January 1, 2014 each place it appears and inserting January 1, 2015 . (b) Effective date The amendment made by this section shall take effect as if included in the enactment of section 3005 of the Housing Assistance Tax Act of 2008. 114. Extension of Indian employment tax credit (a) In general Subsection (f) of section 45A is amended by striking December 31, 2013 and inserting December 31, 2014 . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2013. 115. Extension of new markets tax credit (a) In general Subparagraph (G) of section 45D(f)(1) is amended by striking and 2013 and inserting 2013, and 2014 . (b) Carryover of unused limitation Paragraph (3) of section 45D(f) is amended by striking 2018 and inserting 2019 . (c) Effective date The amendments made by this section shall apply to calendar years beginning after December 31, 2013. 116. Extension of railroad track maintenance credit (a) In general Subsection (f) of section 45G is amended by striking January 1, 2014 and inserting January 1, 2015 . (b) Effective date The amendment made by this section shall apply to expenditures paid or incurred in taxable years beginning after December 31, 2013. 117. Extension of mine rescue team training credit (a) In general Subsection (e) of section 45N is amended by striking December 31, 2013 and inserting December 31, 2014 . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2013. 118. Extension of employer wage credit for employees who are active duty members of the uniformed services (a) In general Subsection (f) of section 45P is amended by striking December 31, 2013 and inserting December 31, 2014 . (b) Effective date The amendment made by this section shall apply to payments made after December 31, 2013. 119. Extension of work opportunity tax credit (a) In general Paragraph (4) of section 51(c) is amended by striking for the employer and all that follows and inserting for the employer after December 31, 2014 . (b) Effective date The amendment made by this section shall apply to individuals who begin work for the employer after December 31, 2013. 120. Extension of qualified zone academy bonds (a) Extension Paragraph (1) of section 54E(c) is amended by striking and 2013 and inserting 2013, and 2014 . (b) Effective date The amendment made by this section shall apply to obligations issued after December 31, 2013. 121. Extension of classification of certain race horses as 3-year property (a) In general Clause (i) of section 168(e)(3)(A) is amended— (1) by striking January 1, 2014 in subclause (I) and inserting January 1, 2015 , and (2) by striking December 31, 2013 in subclause (II) and inserting December 31, 2014 . (b) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2013. 122. Extension of 15-year straight-line cost recovery for qualified leasehold improvements, qualified restaurant buildings and improvements, and qualified retail improvements (a) In general Clauses (iv), (v), and (ix) of section 168(e)(3)(E) are each amended by striking January 1, 2014 and inserting January 1, 2015 . (b) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2013. 123. Extension of 7-year recovery period for motorsports entertainment complexes (a) In general Subparagraph (D) of section 168(i)(15) is amended by striking December 31, 2013 and inserting December 31, 2014 . (b) Effective date The amendment made by this section shall apply to property placed in service after December 31, 2013. 124. Extension of accelerated depreciation for business property on an Indian reservation (a) In general Paragraph (8) of section 168(j) is amended by striking December 31, 2013 and inserting December 31, 2014 . (b) Effective date The amendment made by this section shall apply to property placed in service after December 31, 2013. 125. Extension of bonus depreciation (a) In general Paragraph (2) of section 168(k) is amended— (1) by striking January 1, 2015 in subparagraph (A)(iv) and inserting January 1, 2016 , and (2) by striking January 1, 2014 each place it appears and inserting January 1, 2015 . (b) Special rule for Federal long-Term contracts Clause (ii) of section 460(c)(6)(B) is amended by striking January 1, 2014 (January 1, 2015 and inserting January 1, 2015 (January 1, 2016 . (c) Extension of election to accelerate the AMT credit in lieu of bonus depreciation (1) In general Subclause (II) of section 168(k)(4)(D)(iii) is amended by striking January 1, 2014 and inserting January 1, 2015 . (2) Round 4 extension property Paragraph (4) of section 168(k) is amended by adding at the end the following new subparagraph: (K) Special rules for round 4 extension property (i) In general In the case of round 4 extension property, in applying this paragraph to any taxpayer— (I) the limitation described in subparagraph (B)(i) and the business credit increase amount under subparagraph (E)(iii) thereof shall not apply, and (II) the bonus depreciation amount, maximum amount, and maximum increase amount shall be computed separately from amounts computed with respect to eligible qualified property which is not round 4 extension property. (ii) Election (I) A taxpayer who has an election in effect under this paragraph for round 3 extension property shall be treated as having an election in effect for round 4 extension property unless the taxpayer elects to not have this paragraph apply to round 4 extension property. (II) A taxpayer who does not have an election in effect under this paragraph for round 3 extension property may elect to have this paragraph apply to round 4 extension property. (iii) Round 4 extension property For purposes of this subparagraph, the term round 4 extension property means property which is eligible qualified property solely by reason of the extension of the application of the special allowance under paragraph (1) pursuant to the amendments made by section 125(a) of the Tax Increase Prevention Act of 2014 (and the application of such extension to this paragraph pursuant to the amendment made by section 125(c) of such Act). . (d) Conforming amendments (1) The heading for subsection (k) of section 168 is amended by striking January 1, 2014 and inserting January 1, 2015 . (2) The heading for clause (ii) of section 168(k)(2)(B) is amended by striking pre-January 1, 2014 and inserting pre-January 1, 2015 . (3) Subparagraph (C) of section 168(n)(2) is amended by striking January 1, 2014 and inserting January 1, 2015 . (4) Subparagraph (D) of section 1400L(b)(2) is amended by striking January 1, 2014 and inserting January 1, 2015 . (5) Subparagraph (B) of section 1400N(d)(3) is amended by striking January 1, 2014 and inserting January 1, 2015 . (e) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2013, in taxable years ending after such date. 126. Extension of enhanced charitable deduction for contributions of food inventory (a) In general Clause (iv) of section 170(e)(3)(C) is amended by striking December 31, 2013 and inserting December 31, 2014 . (b) Effective date The amendment made by this section shall apply to contributions made after December 31, 2013. 127. Extension of increased expensing limitations and treatment of certain real property as section 179 property (a) In general (1) Dollar limitation Section 179(b)(1) is amended— (A) by striking beginning in 2010, 2011, 2012, or 2013 in subparagraph (B) and inserting beginning after 2009 and before 2015 , and (B) by striking 2013 in subparagraph (C) and inserting 2014 . (2) Reduction in limitation Section 179(b)(2) is amended— (A) by striking beginning in 2010, 2011, 2012, or 2013 in subparagraph (B) and inserting beginning after 2009 and before 2015 , and (B) by striking 2013 in subparagraph (C) and inserting 2014 . (b) Computer software Section 179(d)(1)(A)(ii) is amended by striking 2014 and inserting 2015 . (c) Election Section 179(c)(2) is amended by striking 2014 and inserting 2015 . (d) Special rules for treatment of qualified real property (1) In general Section 179(f)(1) is amended by striking beginning in 2010, 2011, 2012, or 2013 and inserting beginning after 2009 and before 2015 . (2) Carryover limitation (A) In general Section 179(f)(4) is amended by striking 2013 each place it appears and inserting 2014 . (B) Conforming amendment The heading of subparagraph (C) of section 179(f)(4) is amended by striking 2011 and 2012 and inserting 2011, 2012, and 2013 . (e) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. 128. Extension of election to expense mine safety equipment (a) In general Subsection (g) of section 179E is amended by striking December 31, 2013 and inserting December 31, 2014 . (b) Effective date The amendment made by this section shall apply to property placed in service after December 31, 2013. 129. Extension of special expensing rules for certain film and television productions (a) In general Subsection (f) of section 181 is amended by striking December 31, 2013 and inserting December 31, 2014 . (b) Effective dates The amendment made by this section shall apply to productions commencing after December 31, 2013. 130. Extension of deduction allowable with respect to income attributable to domestic production activities in Puerto Rico (a) In general Subparagraph (C) of section 199(d)(8) is amended— (1) by striking first 8 taxable years and inserting first 9 taxable years , and (2) by striking January 1, 2014 and inserting January 1, 2015 . (b) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. 131. Extension of modification of tax treatment of certain payments to controlling exempt organizations (a) In general Clause (iv) of section 512(b)(13)(E) is amended by striking December 31, 2013 and inserting December 31, 2014 . (b) Effective date The amendment made by this section shall apply to payments received or accrued after December 31, 2013. 132. Extension of treatment of certain dividends of regulated investment companies (a) In general Paragraphs (1)(C)(v) and (2)(C)(v) of section 871(k) are each amended by striking December 31, 2013 and inserting December 31, 2014 . (b) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. 133. Extension of RIC qualified investment entity treatment under FIRPTA (a) In general Clause (ii) of section 897(h)(4)(A) is amended by striking December 31, 2013 and inserting December 31, 2014 . (b) Effective date (1) In general The amendment made by this section shall take effect on January 1, 2014. Notwithstanding the preceding sentence, such amendment shall not apply with respect to the withholding requirement under section 1445 of the Internal Revenue Code of 1986 for any payment made before the date of the enactment of this Act. (2) Amounts withheld on or before date of enactment In the case of a regulated investment company— (A) which makes a distribution after December 31, 2013, and before the date of the enactment of this Act, and (B) which would (but for the second sentence of paragraph (1)) have been required to withhold with respect to such distribution under section 1445 of such Code, such investment company shall not be liable to any person to whom such distribution was made for any amount so withheld and paid over to the Secretary of the Treasury. 134. Extension of subpart F exception for active financing income (a) Exempt insurance income Paragraph (10) of section 953(e) is amended— (1) by striking January 1, 2014 and inserting January 1, 2015 , and (2) by striking December 31, 2013 and inserting December 31, 2014 . (b) Special rule for income derived in the active conduct of banking, financing, or similar businesses Paragraph (9) of section 954(h) is amended by striking January 1, 2014 and inserting January 1, 2015 . (c) Effective date The amendments made by this section shall apply to taxable years of foreign corporations beginning after December 31, 2013, and to taxable years of United States shareholders with or within which any such taxable year of such foreign corporation ends. 135. Extension of look-thru treatment of payments between related controlled foreign corporations under foreign personal holding company rules (a) In general Subparagraph (C) of section 954(c)(6) is amended by striking January 1, 2014 and inserting January 1, 2015 . (b) Effective date The amendment made by this section shall apply to taxable years of foreign corporations beginning after December 31, 2013, and to taxable years of United States shareholders with or within which such taxable years of foreign corporations end. 136. Extension of temporary exclusion of 100 percent of gain on certain small business stock (a) In general Paragraph (4) of section 1202(a) is amended— (1) by striking January 1, 2014 and inserting January 1, 2015 , and (2) by striking and 2013 in the heading and inserting 2013, and 2014 . (b) Effective date The amendments made by this section shall apply to stock acquired after December 31, 2013. 137. Extension of basis adjustment to stock of S corporations making charitable contributions of property (a) In general Paragraph (2) of section 1367(a) is amended by striking December 31, 2013 and inserting December 31, 2014 . (b) Effective date The amendment made by this section shall apply to contributions made in taxable years beginning after December 31, 2013. 138. Extension of reduction in S-corporation recognition period for built-in gains tax (a) In general Subparagraph (C) of section 1374(d)(7) is amended— (1) by striking 2012 or 2013 and inserting 2012, 2013, or 2014 , and (2) by striking 2012 and 2013 in the heading and inserting 2012, 2013, and 2014 . (b) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. 139. Extension of empowerment zone tax incentives (a) In general Clause (i) of section 1391(d)(1)(A) is amended by striking December 31, 2013 and inserting December 31, 2014 . (b) Treatment of certain termination dates specified in nominations In the case of a designation of an empowerment zone the nomination for which included a termination date which is contemporaneous with the date specified in subparagraph (A)(i) of section 1391(d)(1) of the Internal Revenue Code of 1986 (as in effect before the enactment of this Act), subparagraph (B) of such section shall not apply with respect to such designation if, after the date of the enactment of this section, the entity which made such nomination amends the nomination to provide for a new termination date in such manner as the Secretary of the Treasury (or the Secretary’s designee) may provide. (c) Effective dates The amendment made by this section shall apply to periods after December 31, 2013. 140. Extension of temporary increase in limit on cover over of rum excise taxes to Puerto Rico and the Virgin Islands (a) In general Paragraph (1) of section 7652(f) is amended by striking January 1, 2014 and inserting January 1, 2015 . (b) Effective date The amendment made by this section shall apply to distilled spirits brought into the United States after December 31, 2013. 141. Extension of American Samoa economic development credit (a) In general Subsection (d) of section 119 of division A of the Tax Relief and Health Care Act of 2006 is amended— (1) by striking January 1, 2014 each place it appears and inserting January 1, 2015 , (2) by striking first 8 taxable years in paragraph (1) and inserting first 9 taxable years , and (3) by striking first 2 taxable years in paragraph (2) and inserting first 3 taxable years . (b) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. C Energy tax extenders 151. Extension of credit for nonbusiness energy property (a) In general Paragraph (2) of section 25C(g) is amended by striking December 31, 2013 and inserting December 31, 2014 . (b) Effective date The amendment made by this section shall apply to property placed in service after December 31, 2013. 152. Extension of second generation biofuel producer credit (a) In general Clause (i) of section 40(b)(6)(J) is amended by striking January 1, 2014 and inserting January 1, 2015 . (b) Effective date The amendment made by this section shall apply to qualified second generation biofuel production after December 31, 2013. 153. Extension of incentives for biodiesel and renewable diesel (a) Credits for biodiesel and renewable diesel used as fuel Subsection (g) of section 40A is amended by striking December 31, 2013 and inserting December 31, 2014 . (b) Effective date The amendment made by this section shall apply to fuel sold or used after December 31, 2013. 154. Extension of production credit for Indian coal facilities placed in service before 2009 (a) In general Subparagraph (A) of section 45(e)(10) is amended by striking 8-year period each place it appears and inserting 9-year period . (b) Effective date The amendment made by this section shall apply to coal produced after December 31, 2013. 155. Extension of credits with respect to facilities producing energy from certain renewable resources (a) In general The following provisions of section 45(d) are each amended by striking January 1, 2014 each place it appears and inserting January 1, 2015 : (1) Paragraph (1). (2) Paragraph (2)(A). (3) Paragraph (3)(A). (4) Paragraph (4)(B). (5) Paragraph (6). (6) Paragraph (7). (7) Paragraph (9). (8) Paragraph (11)(B). (b) Extension of election to treat qualified facilities as energy property Clause (ii) of section 48(a)(5)(C) is amended by striking January 1, 2014 and inserting January 1, 2015 . (c) Effective dates The amendments made by this section shall take effect on January 1, 2014. 156. Extension of credit for energy-efficient new homes (a) In general Subsection (g) of section 45L is amended by striking December 31, 2013 and inserting December 31, 2014 . (b) Effective date The amendment made by this section shall apply to homes acquired after December 31, 2013. 157. Extension of special allowance for second generation biofuel plant property (a) In general Subparagraph (D) of section 168(l)(2) is amended by striking January 1, 2014 and inserting January 1, 2015 . (b) Effective date The amendment made by this section shall apply to property placed in service after December 31, 2013. 158. Extension of energy efficient commercial buildings deduction (a) In general Subsection (h) of section 179D is amended by striking December 31, 2013 and inserting December 31, 2014 . (b) Effective date The amendment made by this section shall apply to property placed in service after December 31, 2013. 159. Extension of special rule for sales or dispositions to implement FERC or State electric restructuring policy for qualified electric utilities (a) In general Paragraph (3) of section 451(i) is amended by striking January 1, 2014 and inserting January 1, 2015 . (b) Effective date The amendment made by this section shall apply to dispositions after December 31, 2013. 160. Extension of excise tax credits relating to certain fuels (a) Excise tax credits and outlay payments for biodiesel and renewable diesel fuel mixtures (1) Paragraph (6) of section 6426(c) is amended by striking December 31, 2013 and inserting December 31, 2014 . (2) Subparagraph (B) of section 6427(e)(6) is amended by striking December 31, 2013 and inserting December 31, 2014 . (b) Extension of alternative fuels excise tax credits (1) In general Sections 6426(d)(5) and 6426(e)(3) are each amended by striking December 31, 2013 and inserting December 31, 2014 . (2) Outlay payments for alternative fuels Subparagraph (C) of section 6427(e)(6) is amended by striking December 31, 2013 and inserting December 31, 2014 . (c) Extension of alternative fuels excise tax credits relating to liquefied hydrogen (1) In general Sections 6426(d)(5) and 6426(e)(3), as amended by subsection (b), are each amended by striking (September 30, 2014 in the case of any sale or use involving liquefied hydrogen) . (2) Outlay payments for alternative fuels Paragraph (6) of section 6427(e) is amended— (A) by striking except as provided in subparagraph (D), any in subparagraph (C), as amended by this Act, and inserting any , (B) by striking the comma at the end of subparagraph (C) and inserting , and , and (C) by striking subparagraph (D) and redesignating subparagraph (E) as subparagraph (D). (d) Effective dates (1) In general Except as provided in paragraph (2), the amendments made by this section shall apply to fuel sold or used after December 31, 2013. (2) Liquefied hydrogen The amendments made by subsection (c) shall apply to fuel sold or used after September 30, 2014. (e) Special rule for certain periods during 2014 Notwithstanding any other provision of law, in the case of— (1) any biodiesel mixture credit properly determined under section 6426(c) of the Internal Revenue Code of 1986 for periods after December 31, 2013, and before the date of the enactment of this Act, and (2) any alternative fuel credit properly determined under section 6426(d) of such Code for such periods, such credit shall be allowed, and any refund or payment attributable to such credit (including any payment under section 6427(e) of such Code) shall be made, only in such manner as the Secretary of the Treasury (or the Secretary’s delegate) shall provide. Such Secretary shall issue guidance within 30 days after the date of the enactment of this Act providing for a one-time submission of claims covering periods described in the preceding sentence. Such guidance shall provide for a 180-day period for the submission of such claims (in such manner as prescribed by such Secretary) to begin not later than 30 days after such guidance is issued. Such claims shall be paid by such Secretary not later than 60 days after receipt. If such Secretary has not paid pursuant to a claim filed under this subsection within 60 days after the date of the filing of such claim, the claim shall be paid with interest from such date determined by using the overpayment rate and method under section 6621 of such Code. 161. Extension of credit for alternative fuel vehicle refueling property (a) In general Subsection (g) of section 30C is amended by striking placed in service and all that follows and inserting placed in service after December 31, 2014. . (b) Effective date The amendment made by this section shall apply to property placed in service after December 31, 2013. D Extenders relating to multiemployer defined benefit pension plans 171. Extension of automatic extension of amortization periods (a) In general Subparagraph (C) of section 431(d)(1) is amended by striking December 31, 2014 and inserting December 31, 2015 . (b) Amendment to Employee Retirement Income Security Act of 1974 Subparagraph (C) of section 304(d)(1) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1084(d)(1)(C) ) is amended by striking December 31, 2014 and inserting December 31, 2015 . (c) Effective date The amendments made by this section shall apply to applications submitted under section 431(d)(1)(A) of the Internal Revenue Code of 1986 and section 304(d)(1)(C) of the Employee Retirement Income Security Act of 1974 after December 31, 2014. 172. Extension of shortfall funding method and endangered and critical rules (a) In general Paragraphs (1) and (2) of section 221(c) of the Pension Protection Act of 2006 are each amended by striking December 31, 2014 and inserting December 31, 2015 . (b) Conforming amendment Paragraph (2) of section 221(c) of the Pension Protection Act of 2006 is amended by striking January 1, 2015 and inserting January 1, 2016 . (c) Effective date The amendments made by this section shall apply to plan years beginning after December 31, 2014. II Technical Corrections 201. Short title This title may be cited as the Tax Technical Corrections Act of 2014 . 202. Amendments relating to American Taxpayer Relief Act of 2012 (a) Amendment relating to section 101(b) Subclause (I) of section 642(b)(2)(C)(i) is amended by striking section 151(d)(3)(C)(iii) and inserting section 68(b)(1)(C) . (b) Amendment relating to section 102 Clause (ii) of section 911(f)(2)(B) is amended by striking described in section 1(h)(1)(B) shall be treated as a reference to such excess as determined and inserting described in section 1(h)(1)(B), and the reference in section 55(b)(3)(C)(ii) to the excess described in section 1(h)(1)(C)(ii), shall each be treated as a reference to each such excess as determined . (c) Amendments relating to section 104 (1) Clause (ii) of section 55(d)(4)(B) is amended by inserting subparagraphs (A), (B), and (D) of before paragraph (1) . (2) Subparagraph (C) of section 55(d)(4) is amended by striking increase and inserting increased amount . (d) Amendments relating to section 310 Clause (iii) of section 6431(f)(3)(A) is amended— (1) by striking 2011 and inserting years after 2010 , and (2) by striking of such allocation and inserting of any such allocation . (e) Amendment relating to section 331 Clause (iii) of section 168(k)(4)(J) is amended by striking any taxable year and inserting its first taxable year . (f) Effective date The amendments made by this section shall take effect as if included in the provision of the American Taxpayer Relief Act of 2012 to which they relate. 203. Amendment relating to Middle Class Tax Relief and Job Creation Act of 2012 (a) Amendment relating to section 7001 Paragraph (1) of section 7001 of the Middle Class Tax Relief and Job Creation Act of 2012 is amended by striking 201(b) and inserting 202(b) . (b) Effective date The amendment made by subsection (a) shall take effect as if included in section 7001 of the Middle Class Tax Relief and Job Creation Act of 2012. 204. Amendment relating to FAA Modernization and Reform Act of 2012 (a) Amendment relating to section 1107 Section 4281 is amended to read as follows: 4281. Small aircraft on nonestablished lines (a) In general The taxes imposed by sections 4261 and 4271 shall not apply to transportation by an aircraft having a maximum certificated takeoff weight of 6,000 pounds or less, except when such aircraft is operated on an established line or when such aircraft is a jet aircraft. (b) Maximum certificated takeoff weight For purposes of this section, the term maximum certificated takeoff weight means the maximum such weight contained in the type certificate or airworthiness certificate. (c) Sightseeing For purposes of this section, an aircraft shall not be considered as operated on an established line at any time during which such aircraft is being operated on a flight the sole purpose of which is sightseeing. (d) Jet aircraft For purposes of this section, the term jet aircraft shall not include any aircraft which is a rotorcraft or propeller aircraft. . (b) Effective date The amendment made by subsection (a) shall take effect as if included in section 1107 of the FAA Modernization and Reform Act of 2012. 205. Amendments relating to Regulated Investment Company Modernization Act of 2010 (a) Amendments relating to section 101 (1) Subsection (c) of section 101 of the Regulated Investment Company Modernization Act of 2010 is amended— (A) by striking paragraph (2) in paragraph (1) and inserting paragraphs (2) and (3) , and (B) by adding at the end the following new paragraph: (3) Excise tax (A) In general Except as provided in subparagraph (B), for purposes of section 4982 of the Internal Revenue Code of 1986, paragraphs (1) and (2) shall apply by substituting the 1-year periods taken into account under subsection (b)(1)(B) of such section with respect to calendar years beginning after December 31, 2010 for taxable years beginning after the date of the enactment of this Act . (B) Election A regulated investment company may elect to apply subparagraph (A) by substituting 2011 for 2010 . Such election shall be made at such time and in such form and manner as the Secretary of the Treasury (or the Secretary's delegate) shall prescribe. . (2) The first sentence of paragraph (2) of section 852(c) is amended— (A) by striking and without regard to and inserting , without regard to , and (B) by inserting , and without regard to any capital loss arising on the first day of the taxable year by reason of clauses (ii) and (iii) of section 1212(a)(3)(A) before the period at the end. (b) Amendment relating to section 304 Paragraph (1) of section 855(a) is amended by inserting on or before before . (c) Amendments relating to section 308 (1) Paragraph (8) of section 852(b) is amended by redesignating subparagraph (E) as subparagraph (G) and by striking subparagraphs (C) and (D) and inserting the following new subparagraphs: (C) Post-October capital loss For purposes of this paragraph, the term post-October capital loss means— (i) any net capital loss attributable to the portion of the taxable year after October 31, or (ii) if there is no such loss— (I) any net long-term capital loss attributable to such portion of the taxable year, or (II) any net short-term capital loss attributable to such portion of the taxable year. (D) Late-year ordinary loss For purposes of this paragraph, the term late-year ordinary loss means the sum of any post-October specified loss and any post-December ordinary loss. (E) Post-October specified loss For purposes of this paragraph, the term post-October specified loss means the excess (if any) of— (i) the specified losses (as defined in section 4982(e)(5)(B)(ii)) attributable to the portion of the taxable year after October 31, over (ii) the specified gains (as defined in section 4982(e)(5)(B)(i)) attributable to such portion of the taxable year. (F) Post-December ordinary loss For purposes of this paragraph, the term post-December ordinary loss means the excess (if any) of— (i) the ordinary losses not described in subparagraph (E)(i) and attributable to the portion of the taxable year after December 31, over (ii) the ordinary income not described in subparagraph (E)(ii) and attributable to such portion of the taxable year. . (2) Subparagraph (G) of section 852(b)(8), as so redesignated, is amended by striking , (D)(i)(I), and (D)(ii)(I) and inserting and (E) . (3) The first sentence of paragraph (2) of section 852(c), as amended by subsection (a), is amended— (A) by striking , and without regard to and inserting , without regard to , and (B) by inserting , and with such other adjustments as the Secretary may prescribe before the period at the end. (d) Amendments relating to section 402 (1) Subparagraph (B) of section 4982(e)(6) is amended by inserting before the period at the end the following: or which determines income by reference to the value of an item on the last day of the taxable year . (2) Subparagraph (A) of section 4982(e)(7) is amended by striking such company and all that follows through any net ordinary loss and inserting such company may elect to determine its ordinary income and net ordinary loss (as defined in paragraph (2)(C)(ii)) for the calendar year without regard to any portion of any net ordinary loss . (e) Clerical amendment relating to section 201 Subparagraph (A) of section 851(d)(2) is amended by inserting of this paragraph after subparagraph (B)(i) . (f) Effective date (1) In general Except as provided in paragraph (2), the amendments made by this section shall take effect as if included in the provision of the Regulated Investment Company Modernization Act of 2010 to which they relate. (2) Savings provision In the case of an election by a regulated investment company under section 852(b)(8) of the Internal Revenue Code of 1986 with respect to any taxable year beginning before the date of the enactment of this Act, such company may treat the amendments made by paragraphs (1) and (2) of subsection (c) as not applying with respect to any such election. 206. Amendments relating to Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (a) Amendment relating to section 103 Clause (ii) of section 32(b)(3)(B) is amended by striking in 2010 and inserting after 2009 . (b) Clerical amendments relating to section 302 (1) Paragraph (1) of section 2801(a) is amended by striking (or, if greater, the highest rate of tax specified in the table applicable under section 2502(a) as in effect on the date) . (2) Subsection (f) of section 302 of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 is amended by striking subsection and inserting section . (c) Amendments relating to section 753 Subparagraph (A) of section 1397B(b)(1) is amended by striking and at the end of clause (ii), by striking the period at the end of clause (iii) and inserting , and , and by adding at the end the following new clause: (iv) the day after the date set forth in section 1391(d)(1)(A)(i) were substituted for January 1, 2010 each place it appears. . (d) Effective date The amendments made by this section shall take effect as if included in the provisions of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 to which they relate. 207. Amendments relating to Creating Small Business Jobs Act of 2010 (a) Amendments relating to section 2102 (1) Subsection (h) of section 2102 of the Creating Small Business Jobs Act of 2010 is amended by inserting , and payee statements required to be furnished, after information returns required to be filed . (2) Paragraphs (1) and (2) of subsection (b), and subsection (c)(1)(C), of section 6722 are each amended by striking the required filing date and inserting the date prescribed for furnishing such statement . (3) Subparagraph (B) of section 6722(c)(2) is amended by striking filed and inserting furnished . (b) Effective date The amendments made by this section shall take effect as if included in the provision of the Creating Small Business Jobs Act of 2010 to which they relate. 208. Clerical amendment relating to Hiring Incentives to Restore Employment Act (a) Amendment relating to section 512 Paragraph (1) of section 512(a) of the Hiring Incentives to Restore Employment Act is amended by striking after paragraph (6) and inserting after paragraph (5) . (b) Effective date The amendment made by this section shall take effect as if included in the provision of the Hiring Incentives to Restore Employment Act to which it relates. 209. Amendments relating to American Recovery and Reinvestment Tax Act of 2009 (a) Amendment relating to section 1003 Paragraph (4) of section 24(d) is amended to read as follows: (4) Special rule for certain years In the case of any taxable year beginning after 2008 and before 2018, paragraph (1)(B)(i) shall be applied by substituting $3,000 for $10,000 . . (b) Amendment relating to section 1004 Paragraph (3) of section 25A(i) is amended by striking Subsection (f)(1)(A) shall be applied and inserting For purposes of determining the Hope Scholarship Credit, subsection (f)(1)(A) shall be applied . (c) Amendments relating to section 1008 (1) Paragraph (6) of section 164(b) is amended by striking subparagraph (E) and by redesignating subparagraphs (F) and (G) as subparagraphs (E) and (F), respectively. (2) Subparagraphs (E) and (F) of section 164(b)(6), as so redesignated, are each amended by striking This paragraph and inserting Subsection (a)(6) . (d) Amendment relating to section 1104 Subparagraph (A) of section 48(d)(3) is amended by inserting or alternative minimum taxable income after includible in the gross income . (e) Amendments relating to section 1141 (1) Subsection (f) of section 30D is amended— (A) by inserting (determined without regard to subsection (c)) before the period at the end of paragraph (1), and (B) by inserting (determined without regard to subsection (c)) before the period at the end of paragraph (2). (2) Paragraph (3) of section 30D(f) is amended by adding at the end the following: For purposes of subsection (c), property to which this paragraph applies shall be treated as of a character subject to an allowance for depreciation. . (f) Amendments relating to section 1142 (1) Subsection (b) of section 38 is amended by striking plus at the end of paragraph (35), by redesignating paragraph (36) as paragraph (37), and by inserting after paragraph (35) the following new paragraph: (36) the portion of the qualified plug-in electric vehicle credit to which section 30(c)(1) applies, plus . (2) (A) Subsection (e) of section 30 is amended— (i) by inserting (determined without regard to subsection (c)) before the period at the end of paragraph (1), and (ii) by inserting (determined without regard to subsection (c)) before the period at the end of paragraph (2). (B) Paragraph (3) of section 30(e) is amended by adding at the end the following: For purposes of subsection (c), property to which this paragraph applies shall be treated as of a character subject to an allowance for depreciation. . (g) Amendment relating to section 1302 Paragraph (3) of section 48C(b) is amended by inserting as the qualified investment after The amount which is treated . (h) Amendments related to section 1541 (1) Paragraph (2) of section 853A(a) is amended by inserting (determined after the application of this section) before the comma at the end. (2) Subsection (a) of section 853A is amended— (A) by striking with respect to credits and inserting with respect to some or all of the credits , and (B) by inserting (determined without regard to this section and sections 54(c), 54A(c)(1), 54AA(c)(1), and 1397E(c)) after credits allowable . (3) Subsection (b) of section 853A is amended to read as follows: (b) Effect of election If the election provided in subsection (a) is in effect with respect to any credits for any taxable year— (1) the regulated investment company— (A) shall not be allowed such credits, (B) shall include in gross income (as interest) for such taxable year the amount which would have been so included with respect to such credits had the application of this section not been elected, (C) shall include in earnings and profits the amount so included in gross income, and (D) shall be treated as making one or more distributions of money with respect to its stock equal to the amount of such credits on the date or dates (on or after the applicable date for any such credit) during such taxable year (or following the close of the taxable year pursuant to section 855) selected by the company, and (2) each shareholder of such investment company shall— (A) be treated as receiving such shareholder’s proportionate share of any distribution of money which is treated as made by such investment company under paragraph (1)(D), and (B) be allowed credits against the tax imposed by this chapter equal to the amount of such distribution, subject to the provisions of this title applicable to the credit involved. . (4) Subsection (c) of section 853A is amended to read as follows: (c) Notice to shareholders The amount treated as a distribution of money received by a shareholder under subsection (b)(2)(A) (and as credits allowed to such shareholder under subsection (b)(2)(B)) shall not exceed the amount so reported by the regulated investment company in a written statement furnished to such shareholder. . (5) Clause (ii) of section 853A(e)(1)(A) is amended by inserting other than a qualified bond described in section 54AA(g) after as defined in section 54AA(d)) . (i) Amendments relating to section 2202 (1) Subparagraph (A) of section 2202(b)(1) of division B of the American Recovery and Reinvestment Act of 2009 is amended by inserting political subdivision of a State, after any State, . (2) Section 2202 of division B of the American Recovery and Reinvestment Act of 2009 is amended by adding at the end the following new subsection: (e) Treatment of Possessions (1) Payments to mirror code possessions The Secretary of the Treasury shall pay to each possession of the United States with a mirror code tax system amounts equal to the loss to that possession by reason of credits allowed under subsection (a) with respect to taxable years beginning in 2009. Such amounts shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession. (2) Coordination with credit allowed against united states income taxes No credit shall be allowed against United States income taxes for any taxable year under this section to any person to whom a credit is allowed against taxes imposed by the possession by reason of the credit allowed under subsection (a) for such taxable year. (3) Definitions and special rules (A) Possession of the united states For purposes of this subsection, the term possession of the United States includes the Commonwealth of the Northern Mariana Islands. (B) Mirror code tax system For purposes of this subsection, the term mirror code tax system means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States. (C) Treatment of payments For purposes of section 1324(b)(2) of title 31, United States Code, the payments under this subsection shall be treated in the same manner as a refund due from the credit allowed under section 36A of the Internal Revenue Code of 1986 (as added by this Act). . (j) Clerical amendments (1) Amendment relating to section 1131 Paragraph (2) of section 45Q(d) is amended by striking Administrator of the Environmental Protection Agency and all that follows through shall establish and inserting Administrator of the Environmental Protection Agency, the Secretary of Energy, and the Secretary of the Interior, shall establish . (2) Amendment relating to section 1141 Paragraph (37) of section 1016(a) is amended by striking section 30D(e)(4) and inserting section 30D(f)(1) . (3) Amendment relating to section 3001 Subparagraph (A) of section 3001(a)(14) of the American Recovery and Reinvestment Act of 2009 is amended by striking is amended by redesignating paragraph (9) as paragraph (10) and inserting , as amended by this Act, is amended by redesignating paragraphs (9) and (10) as paragraphs (10) and (11), respectively, . (k) Effective date The amendments made by this section shall take effect as if included in the provisions of the American Recovery and Reinvestment Tax Act of 2009 to which they relate. 210. Amendments relating to Energy Improvement and Extension Act of 2008 (a) Amendment relating to section 108 Subparagraph (E) of section 45K(g)(2) is amended to read as follows: (E) Coordination with section 45 No credit shall be allowed with respect to any coke or coke gas which is produced using steel industry fuel (as defined in section 45(c)(7)) as feedstock if a credit is allowed to any taxpayer under section 45 with respect to the production of such steel industry fuel. . (b) Amendment relating to section 113 Paragraph (1) of section 113(b) of the Energy Improvement and Extension Act of 2008 is amended by adding at the end the following new subparagraph: (F) Trust Fund The term Trust Fund means the Black Lung Disability Trust Fund established under section 9501 of the Internal Revenue Code of 1986. . (c) Amendments relating to section 306 (1) Clause (ii) of section 168(i)(18)(A) is amended by striking 10 years and inserting 16 years . (2) Clause (ii) of section 168(i)(19)(A) is amended by striking 10 years and inserting 16 years . (d) Amendment relating to section 308 Clause (i) of section 168(m)(2)(B) is amended by striking section 168(k) and inserting subsection (k) (determined without regard to paragraph (4) thereof) . (e) Amendment relating to section 402 Subparagraph (A) of section 907(f)(4) is amended by striking this subsection shall be applied and all that follows through the period at the end and inserting the following: this subsection, as in effect on the day before the date of the enactment of the Energy Improvement and Extension Act of 2008, shall apply to unused oil and gas extraction taxes carried from such unused credit year to a taxable year beginning after December 31, 2008. . (f) Amendments relating to section 403 (1) Subsection (c) of section 1012 is amended— (A) by striking funds in the heading for paragraph (2) and inserting regulated investment companies , (B) by striking fund in the heading for paragraph (2)(B), and (C) by striking fund each place it appears in paragraph (2) and inserting regulated investment company . (2) Paragraph (1) of section 1012(d) is amended— (A) by striking December 31, 2010 and inserting December 31, 2011 , and (B) by striking an open-end fund and inserting a regulated investment company . (3) Paragraph (3) of section 1012(d) is amended to read as follows: (3) Separate accounts; election for treatment as single account (A) In general Rules similar to the rules of subsection (c)(2) shall apply for purposes of this subsection. (B) Average basis method Notwithstanding paragraph (1), in the case of an election under rules similar to the rules of subsection (c)(2)(B) with respect to stock held in connection with a dividend reinvestment plan, the average basis method is permissible with respect to all such stock without regard to the date of the acquisition of such stock. . (4) Subsection (g) of section 6045 is amended by adding at the end the following new paragraph: (6) Special rule for certain stock held in connection with dividend reinvestment plan For purposes of this subsection, stock acquired before January 1, 2012, in connection with a dividend reinvestment plan shall be treated as stock described in clause (ii) of paragraph (3)(C) (unless the broker with respect to such stock elects not to have this paragraph apply with respect to such stock). . (g) Clerical amendments (1) Amendment relating to section 108 Paragraph (2) of section 45(b) is amended by striking $3 amount and inserting $2 amount . (2) Amendment relating to section 306 (A) Paragraph (5) of section 168(b) is amended by striking (2)(C) and inserting (2)(D) . (B) The last sentence of section 168(k)(4)(C)(i) is amended by striking (b)(2)(C) and inserting (b)(2)(D) . (h) Effective date The amendments made by this section shall take effect as if included in the provisions of the Energy Improvement and Extension Act of 2008 to which they relate. 211. Amendments relating to Tax Extenders and Alternative Minimum Tax Relief Act of 2008 (a) Amendment relating to section 208 Subsection (b) of section 208 of the Tax Extenders and Alternative Minimum Tax Relief Act of 2008 is amended to read as follows: (b) Effective date (1) In general The amendment made by subsection (a) shall take effect on January 1, 2008. Notwithstanding the preceding sentence, such amendment shall not apply with respect to the withholding requirement under section 1445 of the Internal Revenue Code of 1986 for any payment made before October 4, 2008. (2) Amounts withheld on or before date of enactment In the case of a regulated investment company— (A) which makes a distribution after December 31, 2007, and before October 4, 2008, and (B) which would (but for the second sentence of paragraph (1)) have been required to withhold with respect to such distribution under section 1445 of such Code, such investment company shall not be liable to any person to whom such distribution was made for any amount so withheld and paid over to the Secretary of the Treasury. . (b) Amendments relating to section 305 Paragraphs (7)(B) and (8)(D) of section 168(e) are each amended by inserting which is not qualified leasehold improvement property after Property described in this paragraph . (c) Clerical amendments (1) Amendments relating to section 706 (A) Paragraph (2) of section 1033(h) is amended by inserting is before compulsorily . (B) Subclause (II) of section 172(b)(1)(F)(ii) is amended by striking subsection (h)(3)(C)(i) and inserting section 165(h)(3)(C)(i) . (C) The heading for paragraph (1) of section 165(h) is amended by striking $100 and inserting Dollar . (2) Amendment relating to section 709 Subsection (k) of section 143 is amended by redesignating the second paragraph (12) (relating to special rules for residences destroyed in Federally declared disasters) as paragraph (13). (3) Amendment relating to section 712 Section 712 of the Tax Extenders and Alternative Minimum Tax Relief Act of 2008 is amended by striking section 702(c)(1)(A) and inserting section 702(b)(1)(A) . (d) Effective date The amendments made by this section shall take effect as if included in the provisions of the Tax Extenders and Alternative Minimum Tax Relief Act of 2008 to which they relate. 212. Clerical amendments relating to Housing Assistance Tax Act of 2008 (a) Amendment relating to section 3002 Paragraph (1) of section 42(b) is amended by striking For purposes of this section, the term and inserting the following: For purposes of this section— (A) In general The term . (b) Amendment relating to section 3081 Clause (iv) of section 168(k)(4)(E) is amended by striking adjusted minimum tax and inserting adjusted net minimum tax . (c) Amendment relating to section 3092 Subsection (b) of section 121 is amended by redesignating the second paragraph (4) (relating to exclusion of gain allocated to nonqualified use) as paragraph (5). (d) Effective date The amendments made by this section shall take effect as if included in the provisions of the Housing Assistance Tax Act of 2008 to which they relate. 213. Amendments and provision relating to Heroes Earnings Assistance and Relief Tax Act of 2008 (a) Amendment relating to section 106 Paragraph (2) of section 106(c) of the Heroes Earnings Assistance and Relief Tax Act of 2008 is amended by striking substituting for and inserting substituting June 17, 2008 for . (b) Amendment relating to section 114 Paragraph (1) of section 125(h) is amended by inserting (and shall not fail to be treated as an accident or health plan) before merely . (c) Clerical amendments (1) Amendment relating to section 110 Subparagraph (B) of section 121(d)(12) is amended by inserting of paragraph (9) after and (D) . (2) Amendment relating to section 301 Paragraph (2) of section 877(e) is amended by striking subparagraph (A) or (B) of . (d) Effective date The amendments made by this section shall take effect as if included in the provisions of the Heroes Earnings Assistance and Relief Tax Act of 2008 to which they relate. 214. Amendments relating to Economic Stimulus Act of 2008 (a) Amendments relating to section 101 Paragraph (2) of section 6213(g) is amended— (1) by striking 32, or 6428 in subparagraph (L) and inserting or 32 , and (2) by striking and at the end of subparagraph (O), by striking the period at the end of subparagraph (P) and inserting , and , and by inserting after subparagraph (P) the following new subparagraph: (Q) an omission of a correct valid identification number required under section 6428(h) (relating to 2008 recovery rebates for individuals) to be included on a return. . (b) Clerical amendment relating to section 103 Subclause (IV) of section 168(k)(2)(B)(i) is amended by striking clauses also apply and inserting clause also applies . (c) Effective date The amendments made by this section shall take effect as if included in the provisions of the Economic Stimulus Act of 2008 to which they relate. 215. Amendments relating to Tax Technical Corrections Act of 2007 (a) Amendment relating to section 4(c) Paragraph (1) of section 911(f) is amended by adding at the end the following flush sentence: For purposes of this paragraph, the amount excluded under subsection (a) shall be reduced by the aggregate amount of any deductions or exclusions disallowed under subsection (d)(6) with respect to such excluded amount. . (b) Clerical amendment relating to section 11(g) Clause (iv) of section 56(g)(4)(C) is amended by striking a cooperative described in section 927(a)(4) and inserting an organization to which part I of subchapter T (relating to tax treatment of cooperatives) applies which is engaged in the marketing of agricultural or horticultural products . (c) Effective date The amendments made by this section shall take effect as if included in the provisions of the Tax Technical Corrections Act of 2007 to which they relate. 216. Amendment relating to Tax Relief and Health Care Act of 2006 (a) Amendment relating to section 105 Subparagraph (B) of section 45A(b)(1) is amended by adding at the end the following: If any portion of wages are taken into account under subsection (e)(1)(A) of section 51, the preceding sentence shall be applied by substituting 2-year period for 1-year period . . (b) Effective date The amendment made by this section shall take effect as if included in the provision of the Tax Relief and Health Care Act of 2006 to which it relates. 217. Amendment relating to Safe, Accountable, Flexible, Efficient Transportation Equity Act of 2005: A Legacy for Users (a) Amendment relating to section 11161 Paragraph (1) of section 9503(b) is amended by inserting before the period at the end the following: and taxes received under section 4081 shall be determined without regard to tax receipts attributable to the rate specified in section 4081(a)(2)(C) . (b) Effective date The amendment made by this section shall take effect as if included in the provision of the Safe, Accountable, Flexible, Efficient Transportation Equity Act of 2005: A Legacy for Users to which it relates. 218. Amendments relating to Energy Tax Incentives Act of 2005 (a) Amendment relating to section 1341 Subparagraph (B) of section 30B(h)(5) is amended by inserting (determined without regard to subsection (g)) before the period at the end. (b) Amendment relating to section 1342 Paragraph (1) of section 30C(e) is amended to read as follows: (1) Reduction in basis For purposes of this subtitle, the basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit so allowed (determined without regard to subsection (d)). . (c) Effective date The amendments made by this section shall take effect as if included in the provision of the Energy Tax Incentives Act of 2005 to which it relates. 219. Amendments relating to American Jobs Creation Act of 2004 (a) Amendment relating to section 101 Subsection (d) of section 101 of the American Jobs Creation Act of 2004 is amended by adding at the end the following new paragraph: (3) Coordination with section 199 This subsection shall be applied without regard to any deduction allowable under section 199. . (b) Amendments relating to section 102 Paragraph (3) of section 199(b) is amended— (1) by inserting of a short taxable year or after in cases , and (2) by striking and dispositions and inserting , dispositions, and short taxable years . (c) Clerical amendment relating to section 413 Paragraph (7) of section 904(h) is amended by striking as ordinary income under section 1246 or . (d) Effective date The amendments made by this section shall take effect as if included in the provision of the American Jobs Creation Act of 2004 to which they relate. 220. Other clerical corrections (a) Paragraph (8) of section 30B(h) is amended by striking vehicle)., except that and inserting vehicle), except that . (b) Subparagraph (A) of section 38(c)(2) is amended by striking credit credit and inserting credit . (c) Section 46 is amended by adding a comma at the end of paragraph (4). (d) Subparagraph (E) of section 50(a)(2) is amended by inserting , 48A(b)(3), 48B(b)(3), 48C(b)(2), or 48D(b)(4) after in section 48(b) . (e) Clause (i) of section 54A(d)(2)(A) is amended by striking 100 percent or more and inserting 100 percent . (f) Paragraph (2) of section 125(b) is amended by striking statutory nontaxable benefits each place it appears and inserting qualified benefits . (g) Paragraph (2) of section 125(h) is amended by striking means, any and inserting means any . (h) Subparagraph (F) of section 163(h)(4) is amended by striking Veterans Administration or the Rural Housing Administration and inserting Department of Veterans Affairs or the Rural Housing Service . (i) Subsection (a) of section 249 is amended by striking 1563(a)(1) and inserting 1563(a)(1)) . (j) Paragraphs (8) and (10) of section 280F(d) are each amended by striking subsection (a)(2) and inserting subsection (a)(1) . (k) Clause (iii) of section 402A(c)(4)(E) is amended by striking 403(b)(7)(A)(i) and inserting 403(b)(7)(A)(ii) . (l) Section 527 is amended— (1) by striking ( 2 U.S.C. 432(e) ) in subsection (h)(2)(A)(i) and inserting ( 52 U.S.C. 30102(e) ) , and (2) by striking ( 2 U.S.C. 431 et seq. ) in subsections (i)(6) and (j)(5)(A) and inserting ( 52 U.S.C. 30101 et seq. ) . (m) Subsection (b) of section 858 is amended by striking 857(b)(8) and inserting 857(b)(9) . (n) Subparagraph (A) of section 1012(c)(2) is amended by striking section 1012 and inserting this section . (o) The heading for section 1394(f) is amended by striking designated under section 1391(g) . (p) Paragraphs (1) and (2)(A) of section 1394(f) are each amended by striking a new empowerment zone facility bond and inserting an empowerment zone facility bond . (q) Clause (i) of section 1400N(c)(3)(A) is amended by striking section 42(d)(5)(C)(iii) and inserting section 42(d)(5)(B)(iii) . (r) Subsections (e)(3)(B) and (f)(7)(B) of section 4943 are each amended by striking January 1, 1970 and inserting January 1, 1971 . (s) Paragraph (2) of section 4982(f) is amended by adding a comma at the end. (t) Paragraph (3) of section 6011(e) is amended by striking shall require than and inserting shall require that . (u) Subsection (b) of section 6072 is amended by striking 6011(e)(2) and inserting 6011(c)(2) . (v) Subsection (d) of section 6104 is amended by redesignating the second paragraph (6) (relating to disclosure of reports by the Internal Revenue Service) and third paragraph (6) (relating to application to nonexempt charitable trusts and nonexempt private foundations) as paragraphs (7) and (8), respectively. (w) Subsection (c) of section 6662A is amended by striking section 6664(d)(2)(A) and inserting section 6664(d)(3)(A) . (x) Subparagraph (FF) of section 6724(d)(2) is amended by striking section 6050W(c) and inserting section 6050W(f) . (y) Section 7122 is amended by redesignating the second subsection (f) (relating to frivolous submissions, etc.) as subsection (g). (z) Subsection (a) of section 9035 is amended by striking section 320(b)(1)(A) and inserting section 315(b)(1)(A) . (aa) Section 9802 is amended by redesignating the second subsection (f) (relating to genetic information of a fetus or embryo) as subsection (g). (bb) Paragraph (3) of section 13(e) of the Worker, Homeownership, and Business Assistance Act of 2009 is amended by striking subsection (d) and inserting subsection (c) . 221. Deadwood provisions (a) In general (1) Adjustments in tax tables so that inflation will not result in tax increases Paragraph (7) of section 1(f) is amended to read as follows: (7) Special rule for certain brackets In prescribing tables under paragraph (1) which apply to taxable years beginning in a calendar year after 1994, the cost-of-living adjustment used in making adjustments to the dollar amounts at which the 36 percent rate bracket begins or at which the 39.6 percent rate bracket begins shall be determined under paragraph (3) by substituting 1993 for 1992 . . (2) Certain plug-in electric vehicles (A) Subpart B of part IV of subchapter A of chapter 1 is amended by striking section 30 (and by striking the item relating to such section in the table of sections for such subpart). (B) Subsection (b) of section 38 , as amended by section 209(f)(1) of this Act, is amended by inserting plus at the end of paragraph (35), by striking paragraph (36), and by redesignating paragraph (37) as paragraph (36). (C) Subclause (VI) of section 48C(c)(1)(A)(i) is amended by striking , qualified plug-in electric vehicles (as defined by section 30(d)), . (D) Section 1016(a) is amended by striking paragraph (25). (E) Section 6501(m) is amended by striking section 30(e)(6), . (3) Earned income credit (A) Paragraph (1) of section 32(b) is amended— (i) by striking subparagraphs (B) and (C), and (ii) by striking (A) In general .—In the case of taxable years beginning after 1995: in subparagraph (A) and moving the table 2 ems to the left. (B) Subparagraph (B) of section 32(b)(2) is amended by striking increased by and all that follows and inserting increased by $3,000. . (4) First-time homebuyer credit Section 6213(g)(2), as amended by section 214(a)(2) of this Act, is amended by striking subparagraph (P). (5) Making work pay credit (A) Subpart C of part IV of subchapter A of chapter 1 is amended by striking section 36A (and by striking the item relating to such section in the table of sections for such subpart). (B) Subparagraph (A) of section 6211(b)(4) is amended by striking , 36A . (C) Section 6213(g)(2) is amended by striking subparagraph (N). (6) General business credits Subsection (d) of section 38 is amended by striking paragraph (3). (7) Low-income housing credit Subclause (I) of section 42(h)(3)(C)(ii) is amended by striking ($1.50 for 2001) . (8) Minimum tax credit (A) (i) Section 53 is amended by striking subsections (e) and (f). (ii) The amendment made by clause (i) striking subsection (f) of section 53 of the Internal Revenue Code of 1986 shall not be construed to allow any tax abated by reason of section 53(f)(1) of such Code (as in effect before such amendment) to be included in the amount determined under section 53(b)(1) of such Code. (B) Paragraph (4) of section 6211(b)(4) is amended by striking , 53(e) . (9) Adjustments based on adjusted current earnings Clause (ii) of section 56(g)(4)(F) is amended by striking In the case of any taxable year beginning after December 31, 1992, clause and inserting Clause . (10) Items of tax preference; depletion Paragraph (1) of section 57(a) is amended by striking Effective with respect to taxable years beginning after December 31, 1992, this and inserting This . (11) Intangible drilling costs (A) Clause (i) of section 57(a)(2)(E) is amended by striking In the case of any taxable year beginning after December 31, 1992, this and inserting This . (B) Clause (ii) of section 57(a)(2)(E) is amended by striking (30 percent in case of taxable years beginning in 1993) . (12) Environmental tax (A) Subchapter A of chapter 1 is amended by striking part VII (and by striking the item relating to such part in the table of parts for such subchapter). (B) Paragraph (2) of section 26(b) is amended by striking subparagraph (B). (C) Section 30A(c) is amended by striking paragraph (1) and by redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively. (D) Subsection (a) of section 164 is amended by striking paragraph (5). (E) Section 275(a) is amended by striking the last sentence. (F) Section 882(a)(1) is amended by striking , 59A . (G) Section 936(a)(3) is amended by striking subparagraph (A) and by redesignating subparagraphs (B), (C), and (D) as subparagraphs (A), (B), and (C), respectively. (H) Section 1561(a) is amended— (i) by inserting and at the end of paragraph (2), by striking , and at the end of paragraph (3) and inserting a period, and by striking paragraph (4), and (ii) by striking , the amount specified in paragraph (3), and the amount specified in paragraph (4) and inserting and the amount specified in paragraph (3) . (I) Section 4611(e) is amended— (i) by striking section 59A, this section, in paragraph (2)(B) and inserting this section , and (ii) in paragraph (3)(A)— (I) by striking section 59A, , and (II) by striking the comma after rate) . (J) Section 6425(c)(1)(A) is amended by inserting plus at end of clause (i), by striking plus and inserting over at the end of clause (ii), and by striking clause (iii). (K) Section 6655 is amended— (i) in subsections (e)(2)(A)(i) and (e)(2)(B)(i), by striking taxable income, alternative minimum taxable income, and modified alternative minimum taxable income and inserting taxable income and alternative minimum taxable income , (ii) in subsection (e)(2)(B), by striking clause (iii), and (iii) in subsection (g)(1)(A), by inserting plus at the end of clause (ii), by striking clause (iii), and by redesignating clause (iv) as clause (iii). (L) Section 9507(b)(1) is amended by striking 59A, . (13) Standard deduction (A) So much of paragraph (1) of section 63(c) as follows the sum of— is amended to read as follows: (A) the basic standard deduction, and (B) the additional standard deduction. . (B) Subsection (c) of section 63 is amended by striking paragraphs (7), (8), and (9). (14) Annuities; certain proceeds of endowment and life insurance contracts Section 72 is amended— (A) in subsection (c)(4), by striking ; except that if such date was before January 1, 1954, then the annuity starting date is January 1, 1954 , and (B) in subsection (g)(3), by striking January 1, 1954, or and , whichever is later . (15) Unemployment compensation Section 85 is amended by striking subsection (c). (16) Accident and health plans Section 105(f) is amended by striking or (d) . (17) Flexible spending arrangements Section 106(c)(1) is amended by striking Effective on and after January 1, 1997, gross and inserting Gross . (18) Certain combat zone compensation of members of the armed forces Subsection (c) of section 112 is amended— (A) by striking (after June 24, 1950) in paragraph (2), and (B) by striking such zone; and all that follows in paragraph (3) and inserting such zone. . (19) Legal service plans (A) Part III of subchapter B of chapter 1 is amended by striking section 120 (and by striking the item relating to such section in the table of sections for such subpart). (B) (i) Section 414(n)(3)(C) is amended by striking 120, . (ii) Section 414(t)(2) is amended by striking 120, . (iii) Section 501(c) is amended by striking paragraph (20). (iv) Section 3121(a) is amended by striking paragraph (17). (v) Section 3231(e) is amended by striking paragraph (7). (vi) Section 3306(b) is amended by striking paragraph (12). (vii) Section 6039D(d)(1) is amended by striking 120, . (viii) Section 209(a)(14) of the Social Security Act is amended— (I) by striking subparagraph (B), and (II) by striking (14)(A) and inserting (14) . (20) Principal residence Section 121(b)(3) is amended— (A) by striking subparagraph (B), and (B) in subparagraph (A), by striking (A) In general .— and moving the text 2 ems to the left. (21) Certain reduced uniformed services retirement pay Section 122(b)(1) is amended by striking after December 31, 1965, . (22) Great plains conservation program Section 126(a) is amended by striking paragraph (6) and by redesignating paragraphs (7), (8), (9), and (10) as paragraphs (6), (7), (8), and (9), respectively. (23) Treble damage payments under the antitrust law Section 162(g) is amended by striking the last sentence. (24) State legislators’ travel expenses away from home Paragraph (4) of section 162(h) is amended by striking For taxable years beginning after December 31, 1980, this and inserting This . (25) Interest (A) Section 163 is amended— (i) by striking paragraph (6) of subsection (d), and (ii) by striking paragraph (5) of subsection (h). (B) Section 56(b)(1)(C) is amended by striking clause (ii) and by redesignating clauses (iii), (iv), and (v) as clauses (ii), (iii), and (iv), respectively. (26) Qualified motor vehicle taxes Section 164 , as amended by section 209(c) of this Act, is amended by striking subsections (a)(6) and (b)(6). (27) Disaster losses (A) Subsection (h) of section 165 is amended by striking paragraph (3) and by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively. (B) Paragraph (3) of section 165(h), as so redesignated, is amended by striking paragraphs (2) and (3) and inserting paragraph (2) . (C) Subsection (i) of section 165 is amended— (i) in paragraph (1)— (I) by striking (as defined by clause (ii) of subsection (h)(3)(C)) , and (II) by striking (as defined by clause (i) of such subsection) , (ii) by striking (as defined by subsection (h)(3)(C)(i) in paragraph (4), and (iii) by adding at the end the following new paragraph: (5) Federally declared disasters For purposes of this subsection— (A) In general The term Federally declared disaster means any disaster subsequently determined by the President of the United States to warrant assistance by the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. (B) Disaster area The term disaster area means the area so determined to warrant such assistance. . (D) Section 1033(h)(3) is amended by striking section 165(h)(3)(C) and inserting section 165(i)(5) . (28) Charitable, etc., contributions and gifts Section 170 is amended— (A) by striking paragraph (3) of subsection (b), (B) by striking paragraph (6) of subsection (e), and (C) by striking subsection (k). (29) Amortizable bond premium (A) Subparagraph (B) of section 171(b)(1) is amended to read as follows: (B) (i) with reference to the amount payable on maturity (or if it results in a smaller amortizable bond premium attributable to the period before the call date, with reference to the amount payable on the earlier call date), in the case of a bond described in subsection (a)(1), and (ii) with reference to the amount payable on maturity or on an earlier call date, in the case of a bond described in subsection (a)(2). . (B) Paragraphs (2) and (3)(B) of section 171(b) are each amended by striking paragraph (1)(B)(ii) and inserting paragraph (1)(B)(i) . (30) Net operating loss carrybacks, carryovers, and carryforwards (A) Section 172 , as amended by section 211(c)(1)(B) of this Act, is amended— (i) by striking subparagraphs (D), (H), (I), and (J) of subsection (b)(1) and by redesignating subparagraphs (E), (F), and (G) as subparagraphs (D), (E), and (F), respectively, and (ii) by striking subsections (g) and (j) and by redesignating subsections (h), (i), and (k) as subsections (g), (h), and (i), respectively. (B) Each of the following provisions of section 172 (as amended by section 211(c)(1)(B) of this Act and as redesignated by subparagraph (A)) are amended as follows: (i) By striking ending after August 2, 1989 in subsection (b)(1)(D)(i)(II). (ii) By striking subsection (h) in subsection (b)(1)(D)(ii) and inserting subsection (g) . (iii) By striking section 165(h)(3)(C)(i) in subsection (b)(1)(E)(ii)(II) and inserting section 165(i)(5) . (iv) By striking subsection (i) and all that follows in the last sentence of subsection (b)(1)(E)(ii) and inserting subsection (h)). . (v) By striking subsection (i) in subsection (b)(1)(F) and inserting subsection (h) . (vi) By striking subparagraph (F) of paragraph (2) of subsection (g). (vii) By striking subsection (b)(1)(E) each place it appears in subsection (g)(4) and inserting subsection (b)(1)(D) . (viii) By striking the last sentence of subsection (h)(1). (ix) By striking subsection (b)(1)(G) each place it appears in subsection (h)(3) and inserting subsection (b)(1)(F) . (C) Subsection (d) of section 56 is amended by striking paragraph (3). (D) Paragraph (5) of section 382(l) is amended by striking subparagraph (F) and by redesignating subparagraphs (G) and (H) as subparagraphs (F) and (G), respectively. (31) Research and experimental expenditures Subparagraph (A) of section 174(a)(2) is amended to read as follows: (A) Without consent A taxpayer may, without the consent of the Secretary, adopt the method provided in this subsection for his first taxable year for which expenditures described in paragraph (1) are paid or incurred. . (32) Amortization of certain research and experimental expenditures Paragraph (2) of section 174(b) is amended by striking beginning after December 31, 1953 . (33) Soil and water conservation expenditures Paragraph (1) of section 175(d) is amended to read as follows: (1) Without consent A taxpayer may, without the consent of the Secretary, adopt the method provided in this section for the taxpayer’s first taxable year for which expenditures described in subsection (a) are paid or incurred. . (34) Clean-fuel vehicles (A) Part VI of subchapter A of chapter 1 is amended by striking section 179A (and by striking the item relating to such section in the table of sections for such part). (B) Section 30C(e) is amended by adding at the end the following: (7) Reference For purposes of this section, any reference to section 179A shall be treated as a reference to such section as in effect immediately before its repeal. . (C) Section 62(a) is amended by striking paragraph (14). (D) Section 263(a)(1) is amended by striking subparagraph (H). (E) Section 280F(a)(1) is amended by striking subparagraph (C). (F) Section 312(k)(3) is amended by striking 179A, each place it appears. (G) Section 1016(a) is amended by striking paragraph (24). (H) Section 1245(a) is amended by striking 179A, each place it appears in paragraphs (2)(C) and (3)(C). (35) Qualified disaster expenses Part VI of subchapter A of chapter 1 is amended by striking section 198A (and by striking the item relating to such section in the table of sections for such part). (36) Activities not engaged in for profit Section 183(e)(1) is amended by striking the last sentence. (37) Domestic production activities (A) Subsection (a) of section 199 is amended— (i) by striking paragraph (2), (ii) by redesignating subparagraphs (A) and (B) of paragraph (1) as paragraphs (1) and (2), respectively, and by moving paragraphs (1) and (2) (as so redesignated) 2 ems to the left, and (iii) by striking Allowance of deduction. — and all that follows through There shall be allowed and inserting the following: (a) Allowance of deduction There shall be allowed . (B) Paragraphs (2) and (6)(B) of section 199(d) are each amended by striking (a)(1)(B) and inserting (a)(2) . (38) Retirement savings (A) Subparagraph (A) of section 219(b)(5) is amended to read as follows: (A) In general The deductible amount is $5,000. . (B) Clause (ii) of section 219(b)(5)(B) is amended to read as follows: (ii) Applicable amount For purposes of clause (i), the applicable amount is $1,000. . (C) Paragraph (5) of section 219(b) is amended by striking subparagraph (C) and by redesignating subparagraph (D) as subparagraph (C). (D) Clause (ii) of section 219(g)(2)(A) is amended by striking for a taxable year beginning after December 31, 2006 . (E) Section 219(g)(3)(B) is amended by striking clauses (i) and (ii) and inserting the following: (i) In the case of a taxpayer filing a joint return, $80,000. (ii) In the case of any other taxpayer (other than a married individual filing a separate return), $50,000. . (F) Paragraph (8) of section 219(g) is amended by striking the dollar amount in the last row of the table contained in paragraph (3)(B)(i), the dollar amount in the last row of the table contained in paragraph (3)(B)(ii), and the dollar amount contained in paragraph (7)(A), and inserting each of the dollar amounts in paragraphs (3)(B)(i), (3)(B)(ii), and (7)(A) . (39) Reports regarding qualified voluntary retirement contributions (A) Section 219 is amended by striking paragraph (4) of subsection (f) and subsection (h). (B) Section 6652 is amended by striking subsection (g). (40) Interest on education loans Paragraph (1) of section 221(b) is amended by striking shall not exceed and all that follows and inserting shall not exceed $2,500. . (41) Dividends received on certain preferred stock; and dividends paid on certain preferred stock of public utilities (A) Sections 244 and 247 are hereby repealed, and the table of sections for part VIII of subchapter B of chapter 1 is amended by striking the items relating to sections 244 and 247. (B) Paragraph (5) of section 172(d) is amended to read as follows: (5) Computation of deduction for dividends received The deductions allowed by section 243 (relating to dividends received by corporations) and 245 (relating to dividends received from certain foreign corporations) shall be computed without regard to section 246(b) (relating to limitation on aggregate amount of deductions). . (C) Paragraph (1) of section 243(c) is amended to read as follows: (1) In general In the case of any dividend received from a 20-percent owned corporation, subsection (a)(1) shall be applied by substituting 80 percent for 70 percent . . (D) Section 243(d) is amended by striking paragraph (4). (E) Section 246 is amended— (i) by striking , 244, in subsection (a)(1), (ii) in subsection (b)(1)— (I) by striking sections 243(a)(1), 244(a), and inserting section 243(a)(1) , (II) by striking 244(a), the second place it appears, and (III) by striking subsection (a) or (b) of section 245, and 247, and inserting and subsection (a) or (b) of section 245, , and (iii) by striking , 244, in subsection (c)(1). (F) Section 246A is amended by striking , 244, both places it appears in subsections (a) and (e). (G) Sections 263(g)(2)(B)(iii), 277(a), 301(e)(2), 469(e)(4), 512(a)(3)(A), subparagraphs (A), (C), and (D) of section 805(a)(4), 805(b)(5), 812(e)(2)(A), 815(c)(2)(A)(iii), 832(b)(5), 833(b)(3)(E), and 1059(b)(2)(B) are each amended by striking , 244, each place it appears. (H) Section 1244(c)(2)(C) is amended by striking 244, . (I) Section 805(a)(4)(B) is amended by striking , 244(a), each place it appears. (J) Section 810(c)(2)(B) is amended by striking 244 (relating to dividends on certain preferred stock of public utilities), . (K) The amendments made by this paragraph shall not apply to preferred stock issued before October 1, 1942 (determined in the same manner as under section 247 of the Internal Revenue Code of 1986 as in effect before its repeal by such amendments). (42) Organization expenses Section 248(c) is amended by striking beginning after December 31, 1953, and by striking the last sentence. (43) Bond repurchase premium Section 249(b)(1) is amended by striking , in the case of bonds or other evidences of indebtedness issued after February 28, 1913, . (44) Amount of gain where loss previously disallowed Section 267(d) is amended by striking (or by reason of section 24(b) of the Internal Revenue Code of 1939) in paragraph (1), by striking after December 31, 1953, in paragraph (2), by striking the second sentence, and by striking or by reason of section 118 of the Internal Revenue Code of 1939 in the last sentence. (45) Acquisitions made to evade or avoid income tax Paragraphs (1) and (2) of section 269(a) are each amended by striking or acquired on or after October 8, 1940, . (46) Meals and entertainment Paragraph (3) of section 274(n) is amended— (A) by striking (A) In general .— , (B) by striking substituting the applicable percentage for and inserting substituting 80 percent for , and (C) by striking subparagraph (B). (47) Interest on indebtedness incurred by corporations to acquire stock or assets of another corporation (A) Section 279 is amended— (i) by striking after December 31, 1967, in subsection (a)(2), (ii) by striking after October 9, 1969, in subsection (b), (iii) by striking after October 9, 1969, and in subsection (d)(5), and (iv) by striking subsection (i) and redesignating subsection (j) as subsection (i). (B) The amendments made by this paragraph shall not— (i) apply to obligations issued on or before October 9, 1969 (determined in the same manner as under section 279 of the Internal Revenue Code of 1986 as in effect before such amendments), and (ii) be construed to require interest on obligations issued on or before December 31, 1967, to be taken into account under section 279(a)(2) of such Code (as in effect after such amendments). (48) Bank holding companies (A) Clause (iii) of section 304(b)(3)(D) is repealed. (B) The heading of subparagraph (D) of section 304(b)(3) is amended by striking and special rule . (49) Effect on earnings and profits Subsection (d) of section 312 is amended by striking paragraph (2) and redesignating paragraph (3) as paragraph (2). (50) Disqualified stock Paragraph (3) of section 355(d) is amended by striking after October 9, 1990, and each place it appears. (51) Basis to corporations Section 362 is amended by striking on or after June 22, 1954 in subsection (a) and by striking , on or after June 22, 1954, each place it appears in subsection (c). (52) Temporary waiver of minimum required distribution Section 401(a)(9) is amended by striking subparagraph (H). (53) Individual retirement accounts Clause (i) of section 408(p)(2)(E) is amended to read as follows: (i) In general For purposes of subparagraph (A)(ii), the applicable amount is $10,000. . (54) Tax credit employee stock ownership plans Section 409 is amended by striking subsection (q). (55) Catch-up contributions Clauses (i) and (ii) of section 414(v)(2)(B) are amended to read as follows: (i) In the case of an applicable employer plan other than a plan described in section 401(k)(11) or 408(p), the applicable dollar amount is $5,000. (ii) In the case of an applicable employer plan described in section 401(k)(11) or 408(p), the applicable dollar amount is $2,500. . (56) Employee stock purchase plans Section 423(a) is amended by striking after December 31, 1963, . (57) Pension related transition rules (A) Section 402(g)(1)(B) is amended by striking shall be and all that follows and inserting is $15,000. . (B) (i) Subparagraph (D) of section 417(e)(3) is amended— (I) by striking clauses (ii) and (iii), (II) by striking if— and all that follows through section 430(h)(2)(D) and inserting if section 430(h)(2)(D) , and (III) by striking described in such section, and inserting described in such section. . (ii) Clause (iii) of section 205(g)(3)(B) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1055(g)(3)(B) ) is amended— (I) by striking subclauses (II) and (III), (II) by striking if— and all that follows through section 303(h)(2)(D) and inserting if section 303(h)(2)(D) , and (III) by striking described in such section, and inserting described in such section. . (C) (i) Paragraph (5) of section 430(c) is amended by striking subparagraph (B) and by striking (A) In general .— . (ii) Paragraph (5) of section 303(c) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1083(c) ) is amended by striking subparagraph (B) and by striking (A) In general .— . (D) (i) Paragraph (2) of section 430(h) is amended by striking subparagraph (G). (ii) Paragraph (2) of section 303(h) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1083(h) ) is amended by striking subparagraph (G). (E) (i) Paragraph (3) of section 436(j), as added by section 113(a)(1)(B) of the Pension Protection Act of 2006, is amended by striking subparagraphs (B) and (C) and by striking (A) In general .— . (ii) Subparagraph (C) of section 206(g)(9) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1056(g)(9) ) is amended by striking clauses (ii) and (iii) and by striking (i) In general .— . (F) (i) Section 436(j) is amended by striking the paragraph (3) added by section 203(a)(2) of the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010. (ii) Section 206(g)(9) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1056(g)(9) ) is amended by striking subparagraph (D). (G) (i) Section 436 is amended by striking subsection (m). (ii) Section 206(g) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1056(g) ) is amended by striking paragraph (11). (H) Section 457(e)(15)(A) is amended by striking shall be and all that follows and inserting is $15,000. . (58) Limitation on deductions for certain farming (A) Section 464 is amended by striking any farming syndicate (as defined in subsection (c)) both places it appears in subsections (a) and (b) and inserting any taxpayer to whom subsection (d) applies . (B) (i) Subsection (c) of section 464 is hereby moved to the end of section 461 and redesignated as subsection (j). (ii) Such subsection (j) is amended— (I) by striking For purposes of this section in paragraph (1) and inserting For purposes of subsection (i)(4) , and (II) by adding at the end the following new paragraphs: (3) Farming For purposes of this subsection, the term farming has the meaning given to such term by section 464(e). (4) Limited entrepreneur For purposes of this subsection, the term limited entrepreneur means a person who— (A) has an interest in an enterprise other than as a limited partner, and (B) does not actively participate in the management of such enterprise. . (iii) Paragraph (4) of section 461(i) is amended by striking section 464(c) and inserting subsection (j) . (C) Section 464 is amended— (i) by striking subsections (e) and (g) and redesignating subsections (d) and (f) as subsections (c) and (d), respectively, and (ii) by adding at the end the following new subsection: (e) Farming For purposes of this section, the term farming means the cultivation of land or the raising or harvesting of any agricultural or horticultural commodity including the raising, shearing, feeding, caring for, training, and management of animals. For purposes of the preceding sentence, trees (other than trees bearing fruit or nuts) shall not be treated as an agricultural or horticultural commodity. . (D) Subsection (d) of section 464 of such Code (as redesignated by subparagraph (C)) is amended— (i) by striking paragraph (1) and redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively, and (ii) by striking Subsections (a) and (b) to apply to in the heading. (E) Subparagraph (A) of section 58(a)(2) is amended by striking section 464(c) and inserting section 461(j) . (59) Deductions limited to amount at risk Subparagraph (A) of section 465(c)(3) is amended by striking In the case of taxable years beginning after December 31, 1978, this and inserting This . (60) Passive activity losses and credits limited (A) Section 469 is amended by striking subsection (m). (B) Subsection (b) of section 58 is amended by adding and at the end of paragraph (1), by striking paragraph (2), and by redesignating paragraph (3) as paragraph (2). (61) Adjustments required by changes in method of accounting Section 481(b)(3) is amended by striking subparagraph (C). (62) Exemption from tax on corporations, certain trusts, etc Section 501 is amended by striking subsection (s). (63) Requirements for exemption (A) Section 503(a)(1) is amended to read as follows: (1) General rule An organization described in paragraph (17) or (18) of section 501(c), or described in section 401(a) and referred to in section 4975(g) (2) or (3), shall not be exempt from taxation under section 501(a) if it has engaged in a prohibited transaction. . (B) Paragraph (2) of section 503(a) is amended by striking described in section 501(c)(17) or (18) or paragraph (a)(1)(B) and inserting described in paragraph (1) . (C) Subsection (c) of section 503 is amended by striking described in section 501(c)(17) or (18) or subsection (a)(1)(B) and inserting described in subsection (a)(1) . (64) Accumulated taxable income Paragraph (1) of section 535(b) and paragraph (1) of section 545(b) are each amended by striking section 531 and all that follows and inserting section 531 or the personal holding company tax imposed by section 541. . (65) Definition of property Subsection (b) of section 614 is amended— (A) by striking paragraphs (3)(C) and (5), and (B) in paragraph (4), by striking whichever of the following years is later: The first taxable year beginning after December 31, 1963, or . (66) Amounts received by surviving annuitant under joint and survivor annuity contract Subparagraph (A) of section 691(d)(1) is amended by striking after December 31, 1953, and . (67) Income taxes of members of armed forces on death Section 692(a)(1) is amended by striking after June 24, 1950 . (68) Special rules for computing reserves Paragraph (7) of section 807(e) is amended by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B). (69) Insurance company taxable income (A) Section 832(e) is amended by striking of taxable years beginning after December 31, 1966, . (B) Section 832(e)(6) is amended by striking In the case of any taxable year beginning after December 31, 1970, the and inserting The . (70) Capitalization of certain policy acquisition expenses Section 848 is amended by striking subsection (j). (71) Tax on nonresident alien individuals Subparagraph (B) of section 871(a)(1) is amended to read as follows: (B) gains described in subsection (b) or (c) of section 631, . (72) Limitation on credit Paragraph (2) of section 904(d) is amended by striking subparagraph (J). (73) Foreign earned income Clause (i) of section 911(b)(2)(D) is amended to read as follows: (i) In general The exclusion amount for any calendar year is $80,000. . (74) Basis of property acquired from decedent (A) Section 1014(a)(2) is amended to read as follows: (2) in the case of an election under section 2032, its value at the applicable valuation date prescribed by such section, . (B) Section 1014(b) is amended by striking paragraphs (7) and (8). (75) Adjusted basis Section 1016(a) is amended by striking paragraph (12). (76) Property on which lessee has made improvements Section 1019 is amended by striking the last sentence. (77) Involuntary conversion Section 1033 is amended by striking subsection (j) and by redesignating subsections (k) and (l) as subsections (j) and (k), respectively. (78) Property acquired during affiliation Section 1051 is hereby repealed, and the table of sections for part IV of subchapter O of chapter 1 is amended by striking the item relating to section 1051. (79) Capital gains and losses Section 1222 is amended by striking the last sentence. (80) Holding period of property (A) Paragraph (1) of section 1223 is amended by striking after March 1, 1954, . (B) Paragraph (4) of section 1223 is amended by striking (or under so much of section 1052(c) as refers to section 113(a)(23) of the Internal Revenue Code of 1939) . (C) Paragraphs (6) and (8) of section 1223 are repealed. (81) Property used in the trade or business and involuntary conversions Subparagraph (A) of section 1231(c)(2) is amended by striking beginning after December 31, 1981 . (82) Sale or exchange of patents Section 1235 is amended— (A) by striking subsection (c) and by redesignating subsections (d) and (e) as subsections (c) and (d), respectively, and (B) by striking subsection (d) in subsection (b)(2)(B) and inserting subsection (c) . (83) Dealers in securities Subsection (b) of section 1236 is amended by striking after November 19, 1951, . (84) Sale of patents Subsection (a) of section 1249 is amended by striking after December 31, 1962, . (85) Gain from disposition of farmland Paragraph (1) of section 1252(a) is amended— (A) by striking after December 31, 1969 the first place it appears, and (B) by striking after December 31, 1969, in subparagraph (A). (86) Treatment of amounts received on retirement or sale or exchange of debt instruments Subsection (c) of section 1271 is amended to read as follows: (c) Special rule for certain obligations with respect to which original issue discount not currently includible (1) In general On the sale or exchange of debt instruments issued by a government or political subdivision thereof after December 31, 1954, and before July 2, 1982, or by a corporation after December 31, 1954, and on or before May 27, 1969, any gain realized which does not exceed— (A) an amount equal to the original issue discount, or (B) if at the time of original issue there was no intention to call the debt instrument before maturity, an amount which bears the same ratio to the original issue discount as the number of complete months that the debt instrument was held by the taxpayer bears to the number of complete months from the date of original issue to the date of maturity, shall be considered as ordinary income. (2) Subsection (a)(2)(A) not to apply Subsection (a)(2)(A) shall not apply to any debt instrument referred to in paragraph (1) of this subsection. (3) Cross reference For current inclusion of original issue discount, see section 1272. . (87) Amount and method of adjustment Section 1314 is amended by striking subsection (d) and by redesignating subsection (e) as subsection (d). (88) Election; revocation; termination Clause (iii) of section 1362(d)(3)(A) is amended by striking unless and all that follows and inserting unless the corporation was an S corporation for such taxable year. . (89) Old-age, survivors, and disability insurance Subsection (a) of section 1401 is amended by striking the following percent and all that follows and inserting 12.4 percent of the amount of the self-employment income for such taxable year. . (90) Hospital insurance Paragraph (1) of section 1401(b) is amended by striking: the following percent and all that follows and inserting 2.9 percent of the amount of the self-employment income for such taxable year. . (91) Ministers, members of religious orders, and christian science practitioners Paragraph (3) of section 1402(e) is amended— (A) by striking whichever of the following dates is later: (A) , and (B) by striking ;or (B) ’ and all that follows and inserting a period. (92) Withholding of tax on nonresident aliens The first sentence of subsection (b) of section 1441 and the first sentence of paragraph (5) of section 1441(c) are each amended by striking gains subject to tax and all that follows through October 4, 1966 and inserting and gains subject to tax under section 871(a)(1)(D) . (93) Affiliated group defined Subparagraph (A) of section 1504(a)(3) is amended by striking for a taxable year which includes any period after December 31, 1984 in clause (i) and by striking in a taxable year beginning after December 31, 1984 in clause (ii). (94) Disallowance of the benefits of the graduated corporate rates and accumulated earnings credit (A) Subsection (a) of section 1551 is amended— (i) by striking paragraph (1) and by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively, and (ii) by striking after June 12, 1963, each place it appears. (B) Section 1551(b) is amended— (i) by striking or (2) in paragraph (1), and (ii) by striking (a)(3) in paragraph (2) and inserting (a)(2) . (95) Credit for state death taxes (A) (i) Part II of subchapter A of chapter 11 is amended by striking section 2011 (and by striking the item relating to such section in the table of sections for such subpart). (ii) Section 2106(a)(4) is amended by striking section 2011(a) and inserting 2058(a) . (B) (i) Subchapter A of chapter 13 is amended by striking section 2604 (and by striking the item relating to such section in the table of sections for such subpart). (ii) Clause (ii) of section 164(b)(4)(A) is amended by inserting (as in effect before its repeal) after section 2604 . (iii) Section 2654(a)(1) is amended by striking (computed without regard to section 2604) . (96) Gross estate Subsection (c) of section 2031 is amended by striking paragraph (3) and by amending paragraph (1)(B) to read as follows: (II) $500,000. . (97) (A) Part IV of subchapter A of chapter 11 is amended by striking section 2057 (and by striking the item relating to such section in the table of sections for such subpart). (B) Paragraph (10) of section 2031(c) is amended by inserting (as in effect before its repeal) immediately before the period at the end thereof. (98) Property within the United States Subsection (c) of section 2104 is amended by striking With respect to estates of decedents dying after December 31, 1969, deposits and inserting Deposits . (99) FICA taxes (A) Subsection (a) of section 3101 is amended by striking the following percentages and all that follows and inserting 6.2 percent of the wages (as defined in section 3121(a)) received by the individual with respect to employment (as defined in section 3121(b)) . (B) (i) Subsection (a) of section 3111 is amended by striking the following percentages and all that follows and inserting 6.2 percent of the wages (as defined in section 3121(a)) paid by the employer with respect to employment (as defined in section 3121(b)). . (ii) Subsection (b) of section 3111 is amended by striking the following percentages and all that follows and inserting 1.45 percent of the wages (as defined in section 3121(a)) paid by the employer with respect to employment (as defined in section 3121(b)). . (C) (i) Section 3121(b) is amended by striking paragraph (17). (ii) Section 210(a) of the Social Security Act is amended by striking paragraph (17). (100) Railroad retirement (A) Subsection (b) of section 3201 is amended to read as follows: (b) Tier 2 tax In addition to other taxes, there is hereby imposed on the income of each employee a tax equal to the percentage determined under section 3241 for any calendar year of the compensation received during such calendar year by such employee for services rendered by such employee. . (B) Subsection (b) of section 3211 is amended to read as follows: (b) Tier 2 tax In addition to other taxes, there is hereby imposed on the income of each employee representative a tax equal to the percentage determined under section 3241 for any calendar year of the compensation received during such calendar year by such employee representative for services rendered by such employee representative. . (C) Subsection (b) of section 3221 is amended to read as follows: (b) Tier 2 tax In addition to other taxes, there is hereby imposed on every employer an excise tax, with respect to having individuals in his employ, equal to the percentage determined under section 3241 for any calendar year of the compensation paid during such calendar year by such employer for services rendered to such employer. . (D) Subsection (b) of section 3231 is amended— (i) by striking compensation; except and all that follows in the first sentence and inserting compensation. , and (ii) by striking the second sentence. (101) Credits against Federal unemployment tax (A) Paragraph (4) of section 3302(f) is amended— (i) by striking subsection— and all that follows through (A) In general .—The and inserting subsection, the , (ii) by striking subparagraph (B), (iii) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and (iv) by moving the text of such subparagraphs (as so redesignated) 2 ems to the left. (B) Paragraph (5) of section 3302(f) is amended by striking subparagraph (D) and by redesignating subparagraph (E) as subparagraph (D). (102) Domestic service employment taxes Section 3510(b) is amended by striking paragraph (4). (103) Luxury passenger automobiles (A) Chapter 31 is amended by striking subchapter A (and by striking the item relating to such subchapter in the table of subchapters for such chapter). (B) (i) Section 4221 is amended— (I) in subsections (a) and (d)(1), by striking subchapter A or and inserting subchapter , (II) in subsection (a), by striking In the case of taxes imposed by subchapter A of chapter 31, paragraphs (1), (3), (4), and (5) shall not apply. , and (III) in subsection (c), by striking 4001(c), 4001(d), or . (ii) Section 4222 is amended by striking 4001(c), 4001(d), . (iii) Section 4293 is amended by striking subchapter A of chapter 31, . (104) Transportation by air Section 4261(e) is amended— (A) in paragraph (1), by striking subparagraph (C), and (B) by striking paragraph (5). (105) Taxes on failure to distribute income (A) Subsection (g) of section 4942 is amended by striking For all taxable years beginning on or after January 1, 1975, subject in paragraph (2)(A) and inserting Subject . (B) Section 4942(i)(2) is amended by striking beginning after December 31, 1969, and . (106) Taxes on taxable expenditures Section 4945(f) is amended by striking (excluding therefrom any preceding taxable year which begins before January 1, 1970) . (107) Definitions and special rules Section 4682(h) is amended— (A) by striking paragraph (1) and redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively, and (B) in paragraph (1) (as so redesignated)— (i) by striking the heading and inserting In general , and (ii) by striking after 1991 in subparagraph (C). (108) Returns Subsection (a) of section 6039D is amended by striking beginning after December 31, 1984, . (109) Information returns Subsection (c) of section 6060 is amended by striking year and all that follows and inserting year. . (110) Collection Section 6302 is amended— (A) in subsection (e)(2), by striking imposed by and all that follows through with respect to and inserting imposed by sections 4251, 4261, or 4271 with respect to , (B) by striking the last sentence of subsection (f)(1), and (C) in subsection (h)— (i) by striking paragraph (2) and redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively, and (ii) by amending paragraph (3) (as so redesignated) to read as follows: (3) Coordination with other electronic fund transfer requirements Under regulations, any tax required to be paid by electronic fund transfer under section 5061(e) or 5703(b) shall be paid in such a manner as to ensure that the requirements of the second sentence of paragraph (1)(A) of this subsection are satisfied. . (111) Abatements Section 6404(f) is amended by striking paragraph (3). (112) 2008 Recovery rebate for individuals (A) Subchapter B of chapter 65 is amended by striking section 6428 (and by striking the item relating to such section in the table of sections for such subchapter). (B) Subparagraph (A) of section 6211(b)(4) is amended by striking 6428, . (C) Paragraph (2) of section 6213(g), as amended by section 214(a)(2) of this Act and paragraphs (4) and (5)(C) of this subsection, is amended by striking subparagraph (Q), by redesignating subparagraph (O) as subparagraph (N), by inserting and at the end of subparagraph (M), and by striking the comma at the end of subparagraph (N) (as so redesignated) and inserting a period. (D) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by striking 6428, or 6431, and inserting or 6431 . (113) Advance payment of portion of increased child credit for 2003 Subchapter B of chapter 65 is amended by striking section 6429 (and by striking the item relating to such section in the table of sections for such subchapter). (114) Failure by corporation to pay estimated income tax Clause (i) of section 6655(g)(4)(A) is amended by striking (or the corresponding provisions of prior law) . (115) Retirement Section 7447(i)(3)(B)(ii) is amended by striking at 4 percent per annum to December 31, 1947, and 3 percent per annum thereafter , and inserting at 3 percent per annum . (116) Annuities to surviving spouses and dependent children of judges (A) Paragraph (2) of section 7448(a) is amended— (i) by striking or under section 1106 of the Internal Revenue Code of 1939 , and (ii) by striking or pursuant to section 1106(d) of the Internal Revenue Code of 1939 . (B) Subsection (g) of section 7448 is amended by striking or other than pursuant to section 1106 of the Internal Revenue Code of 1939 . (C) Subsections (g), (j)(1), and (j)(2) of section 7448 are each amended by striking at 4 percent per annum to December 31, 1947, and 3 percent per annum thereafter and inserting at 3 percent per annum . (117) Merchant marine capital construction funds Paragraph (4) of section 7518(g) is amended by striking any nonqualified withdrawal and all that follows through ‘shall be determined and inserting any nonqualified withdrawal shall be determined . (118) Valuation tables (A) Subsection (c) of section 7520 is amended by striking paragraph (2) and redesignating paragraph (3) as paragraph (2). (B) Paragraph (2) of section 7520(c) (as redesignated by subparagraph (A)) is amended— (i) by striking Not later than December 31, 1989, the and inserting The , and (ii) by striking thereafter in the last sentence thereof. (119) Definition of employee Section 7701(a)(20) is amended by striking chapter 21 and all that follows and inserting chapter 21. . (b) Effective date (1) General rule Except as otherwise provided in subsection (a) or paragraph (2) of this subsection, the amendments made by this section shall take effect on the date of enactment of this Act. (2) Savings provision If— (A) any provision amended or repealed by the amendments made by this section applied to— (i) any transaction occurring before the date of the enactment of this Act, (ii) any property acquired before such date of enactment, or (iii) any item of income, loss, deduction, or credit taken into account before such date of enactment, and (B) the treatment of such transaction, property, or item under such provision would (without regard to the amendments or repeals made by this section) affect the liability for tax for periods ending after date of enactment, nothing in the amendments or repeals made by this section shall be construed to affect the treatment of such transaction, property, or item for purposes of determining liability for tax for periods ending after such date of enactment. III Joint Committee on Taxation 301. Increased refund and credit threshold for Joint Committee on Taxation review of C corporation return (a) In general Subsections (a) and (b) of section 6405 are each amended by inserting ($5,000,000 in the case of a C corporation) after $2,000,000 . (b) Effective date The amendment made by this section shall take effect on the date of the enactment of this Act, except that such amendment shall not apply with respect to any refund or credit with respect to a report that has been made before such date under section 6405 of the Internal Revenue Code of 1986. IV Budgetary effects 401. Budgetary effects (a) Paygo scorecard The budgetary effects of this Act shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010. (b) Senate paygo scorecard The budgetary effects of this Act shall not be entered on any PAYGO scorecard maintained for purposes of section 201 of S. Con. Res. 21 (110th Congress). B Achieving a Better Life Experience Act of 2014 1. Short title; etc (a) Short title This division may be cited as the Achieving a Better Life Experience Act of 2014 or the ABLE Act of 2014 . (b) Amendment of 1986 Code Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. I Qualified Able Programs 101. Purposes The purposes of this title are as follows: (1) To encourage and assist individuals and families in saving private funds for the purpose of supporting individuals with disabilities to maintain health, independence, and quality of life. (2) To provide secure funding for disability-related expenses on behalf of designated beneficiaries with disabilities that will supplement, but not supplant, benefits provided through private insurance, the Medicaid program under title XIX of the Social Security Act, the supplemental security income program under title XVI of such Act, the beneficiary’s employment, and other sources. 102. Qualified ABLE programs (a) In general Subchapter F of chapter 1 is amended by inserting after section 529 the following new section: 529A. Qualified ABLE programs (a) General rule A qualified ABLE program shall be exempt from taxation under this subtitle. Notwithstanding the preceding sentence, such program shall be subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable organizations). (b) Qualified ABLE program For purposes of this section— (1) In general The term qualified ABLE program means a program established and maintained by a State, or agency or instrumentality thereof— (A) under which a person may make contributions for a taxable year, for the benefit of an individual who is an eligible individual for such taxable year, to an ABLE account which is established for the purpose of meeting the qualified disability expenses of the designated beneficiary of the account, (B) which limits a designated beneficiary to 1 ABLE account for purposes of this section, (C) which allows for the establishment of an ABLE account only for a designated beneficiary who is a resident of such State or a resident of a contracting State, and (D) which meets the other requirements of this section. (2) Cash contributions A program shall not be treated as a qualified ABLE program unless it provides that no contribution will be accepted— (A) unless it is in cash, or (B) except in the case of contributions under subsection (c)(1)(C), if such contribution to an ABLE account would result in aggregate contributions from all contributors to the ABLE account for the taxable year exceeding the amount in effect under section 2503(b) for the calendar year in which the taxable year begins. For purposes of this paragraph, rules similar to the rules of section 408(d)(4) (determined without regard to subparagraph (B) thereof) shall apply. (3) Separate accounting A program shall not be treated as a qualified ABLE program unless it provides separate accounting for each designated beneficiary. (4) Limited investment direction A program shall not be treated as a qualified ABLE program unless it provides that any designated beneficiary under such program may, directly or indirectly, direct the investment of any contributions to the program (or any earnings thereon) no more than 2 times in any calendar year. (5) No pledging of interest as security A program shall not be treated as a qualified ABLE program if it allows any interest in the program or any portion thereof to be used as security for a loan. (6) Prohibition on excess contributions A program shall not be treated as a qualified ABLE program unless it provides adequate safeguards to prevent aggregate contributions on behalf of a designated beneficiary in excess of the limit established by the State under section 529(b)(6). For purposes of the preceding sentence, aggregate contributions include contributions under any prior qualified ABLE program of any State or agency or instrumentality thereof. (c) Tax treatment (1) Distributions (A) In general Any distribution under a qualified ABLE program shall be includible in the gross income of the distributee in the manner as provided under section 72 to the extent not excluded from gross income under any other provision of this chapter. (B) Distributions for qualified disability expenses For purposes of this paragraph, if distributions from a qualified ABLE program— (i) do not exceed the qualified disability expenses of the designated beneficiary, no amount shall be includible in gross income, and (ii) in any other case, the amount otherwise includible in gross income shall be reduced by an amount which bears the same ratio to such amount as such expenses bear to such distributions. (C) Change in designated beneficiaries or programs (i) Rollovers from ABLE accounts Subparagraph (A) shall not apply to any amount paid or distributed from an ABLE account to the extent that the amount received is paid, not later than the 60th day after the date of such payment or distribution, into another ABLE account for the benefit of the same designated beneficiary or an eligible individual who is a family member of the designated beneficiary. (ii) Change in designated beneficiaries Any change in the designated beneficiary of an interest in a qualified ABLE program during a taxable year shall not be treated as a distribution for purposes of subparagraph (A) if the new beneficiary is an eligible individual for such taxable year and a member of the family of the former beneficiary. (iii) Limitation on certain rollovers Clause (i) shall not apply to any transfer if such transfer occurs within 12 months from the date of a previous transfer to any qualified ABLE program for the benefit of the designated beneficiary. (D) Operating rules For purposes of applying section 72— (i) except to the extent provided by the Secretary, all distributions during a taxable year shall be treated as one distribution, and (ii) except to the extent provided by the Secretary, the value of the contract, income on the contract, and investment in the contract shall be computed as of the close of the calendar year in which the taxable year begins. (2) Gift tax rules For purposes of chapters 12 and 13— (A) Contributions Any contribution to a qualified ABLE program on behalf of any designated beneficiary— (i) shall be treated as a completed gift to such designated beneficiary which is not a future interest in property, and (ii) shall not be treated as a qualified transfer under section 2503(e). (B) Treatment of distributions In no event shall a distribution from an ABLE account to such account’s designated beneficiary be treated as a taxable gift. (C) Treatment of transfer to new designated beneficiary The taxes imposed by chapters 12 and 13 shall not apply to a transfer by reason of a change in the designated beneficiary under subsection (c)(1)(C). (3) Additional tax for distributions not used for disability expenses (A) In general The tax imposed by this chapter for any taxable year on any taxpayer who receives a distribution from a qualified ABLE program which is includible in gross income shall be increased by 10 percent of the amount which is so includible. (B) Exception Subparagraph (A) shall not apply if the payment or distribution is made to a beneficiary (or to the estate of the designated beneficiary) on or after the death of the designated beneficiary. (C) Contributions returned before certain date Subparagraph (A) shall not apply to the distribution of any contribution made during a taxable year on behalf of the designated beneficiary if— (i) such distribution is received on or before the day prescribed by law (including extensions of time) for filing such designated beneficiary’s return for such taxable year, and (ii) such distribution is accompanied by the amount of net income attributable to such excess contribution. Any net income described in clause (ii) shall be included in gross income for the taxable year in which such excess contribution was made. (4) Loss of ABLE account treatment If an ABLE account is established for a designated beneficiary, no account subsequently established for such beneficiary shall be treated as an ABLE account. The preceding sentence shall not apply in the case of an account established for purposes of a rollover described in paragraph (1)(C)(i) of this section if the transferor account is closed as of the end of the 60th day referred to in paragraph (1)(C)(i). (d) Reports (1) In general Each officer or employee having control of the qualified ABLE program or their designee shall make such reports regarding such program to the Secretary and to designated beneficiaries with respect to contributions, distributions, the return of excess contributions, and such other matters as the Secretary may require. (2) Certain aggregated information For research purposes, the Secretary shall make available to the public reports containing aggregate information, by diagnosis and other relevant characteristics, on contributions and distributions from the qualified ABLE program. In carrying out the preceding sentence an item may not be made available to the public if such item can be associated with, or otherwise identify, directly or indirectly, a particular individual. (3) Notice of establishment of ABLE account A qualified ABLE program shall submit a notice to the Secretary upon the establishment of an ABLE account. Such notice shall contain the name and State of residence of the designated beneficiary and such other information as the Secretary may require. (4) Electronic distribution statements For purposes of section 4 of the Achieving a Better Life Experience Act of 2014 , States shall submit electronically on a monthly basis to the Commissioner of Social Security, in the manner specified by the Commissioner, statements on relevant distributions and account balances from all ABLE accounts. (5) Requirements The reports and notices required by paragraphs (1), (2), and (3) shall be filed at such time and in such manner and furnished to such individuals at such time and in such manner as may be required by the Secretary. (e) Other definitions and special rules For purposes of this section— (1) Eligible individual An individual is an eligible individual for a taxable year if during such taxable year— (A) the individual is entitled to benefits based on blindness or disability under title II or XVI of the Social Security Act, and such blindness or disability occurred before the date on which the individual attained age 26, or (B) a disability certification with respect to such individual is filed with the Secretary for such taxable year. (2) Disability certification (A) In general The term disability certification means, with respect to an individual, a certification to the satisfaction of the Secretary by the individual or the parent or guardian of the individual that— (i) certifies that— (I) the individual has a medically determinable physical or mental impairment, which results in marked and severe functional limitations, and which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months, or is blind (within the meaning of section 1614(a)(2) of the Social Security Act), and (II) such blindness or disability occurred before the date on which the individual attained age 26, and (ii) includes a copy of the individual’s diagnosis relating to the individual’s relevant impairment or impairments, signed by a physician meeting the criteria of section 1861(r)(1) of the Social Security Act. (B) Restriction on use of certification No inference may be drawn from a disability certification for purposes of establishing eligibility for benefits under title II, XVI, or XIX of the Social Security Act. (3) Designated beneficiary The term designated beneficiary in connection with an ABLE account established under a qualified ABLE program means the eligible individual who established an ABLE account and is the owner of such account. (4) Member of family The term member of the family means, with respect to any designated beneficiary, an individual who bears a relationship to such beneficiary which is described in subparagraph section 152(d)(2)(B). For purposes of the preceding sentence, a rule similar to the rule of section 152(f)(1)(B) shall apply. (5) Qualified disability expenses The term qualified disability expenses means any expenses related to the eligible individual’s blindness or disability which are made for the benefit of an eligible individual who is the designated beneficiary, including the following expenses: education, housing, transportation, employment training and support, assistive technology and personal support services, health, prevention and wellness, financial management and administrative services, legal fees, expenses for oversight and monitoring, funeral and burial expenses, and other expenses, which are approved by the Secretary under regulations and consistent with the purposes of this section. (6) ABLE account The term ABLE account means an account established by an eligible individual, owned by such eligible individual, and maintained under a qualified ABLE program. (7) Contracting State The term contracting State means a State without a qualified ABLE program which has entered into a contract with a State with a qualified ABLE program to provide residents of the contracting State access to a qualified ABLE program. (f) Transfer to State Subject to any outstanding payments due for qualified disability expenses, upon the death of the designated beneficiary, all amounts remaining in the qualified ABLE account not in excess of the amount equal to the total medical assistance paid for the designated beneficiary after the establishment of the account, net of any premiums paid from the account or paid by or on behalf of the beneficiary to a Medicaid Buy-In program under any State Medicaid plan established under title XIX of the Social Security Act, shall be distributed to such State upon filing of a claim for payment by such State. For purposes of this paragraph, the State shall be a creditor of an ABLE account and not a beneficiary. Subsection (c)(3) shall not apply to a distribution under the preceding sentence. (g) Regulations The Secretary shall prescribe such regulations or other guidance as the Secretary determines necessary or appropriate to carry out the purposes of this section, including regulations— (1) to enforce the 1 ABLE account per eligible individual limit, (2) providing for the information required to be presented to open an ABLE account, (3) to generally define qualified disability expenses, (4) developed in consultation with the Commissioner of Social Security, relating to disability certifications and determinations of disability, including those conditions deemed to meet the requirements of subsection (e)(1)(B), (5) to prevent fraud and abuse with respect to amounts claimed as qualified disability expenses, (6) under chapters 11, 12, and 13 of this title, and (7) to allow for transfers from one ABLE account to another ABLE account. . (b) Tax on excess contributions (1) In general Subsection (a) of section 4973 (relating to tax on excess contributions to certain tax-favored accounts and annuities) is amended by striking or at the end of paragraph (4), by inserting or at the end of paragraph (5), and by inserting after paragraph (5) the following new paragraph: (6) an ABLE account (within the meaning of section 529A), . (2) Excess contribution Section 4973 is amended by adding at the end the following new subsection: (h) Excess contributions to ABLE account For purposes of this section— (1) In general In the case of an ABLE account (within the meaning of section 529A), the term excess contributions means the amount by which the amount contributed for the taxable year to such account (other than contributions under section 529A(c)(1)(C)) exceeds the contribution limit under section 529A(b)(2)(B). (2) Special rule For purposes of this subsection, any contribution which is distributed out of the ABLE account in a distribution to which the last sentence of section 529A(b)(2) applies shall be treated as an amount not contributed. . (c) Penalty for failure to file reports Section 6693(a)(2) is amended by striking and at the end of subparagraph (D), by redesignating subparagraph (E) as subparagraph (F), and by inserting after subparagraph (D) the following: (E) section 529A(d) (relating to qualified ABLE programs), and . (d) Records Section 552a(a)(8)(B) of title 5, United States Code, is amended— (1) in clause (viii), by striking or at the end; (2) in clause (ix), by adding or at the end; and (3) by adding at the end the following new clause: (x) matches performed pursuant to section 3(d)(4) of the Achieving a Better Life Experience Act of 2014; . (e) Other conforming amendments (1) Section 26(b)(2) is amended by striking and at the end of subparagraph (W), by striking the period at the end of subparagraph (X) and inserting , and , and by inserting after subparagraph (X) the following: (Y) section 529A(c)(3)(A) (relating to additional tax on ABLE account distributions not used for qualified disability expenses). . (2) Section 877A is amended— (A) in subsection (e)(2) by inserting a qualified ABLE program (as defined in section 529A), after 529), , and (B) in subsection (g)(6) by inserting 529A(c)(3), after 529(c)(6), . (3) Section 4965(c) is amended by striking or at the end of paragraph (6), by striking the period at the end of paragraph (7) and inserting , or , and by inserting after paragraph (7) the following new paragraph: (8) a program described in section 529A. . (4) The heading for part VIII of subchapter F of chapter 1 is amended by striking Higher Education and inserting Certain . (5) The item in the table of parts for subchapter F of chapter 1 relating to part VIII is amended to read as follows: Part VIII. Certain Savings Entities. . (6) The table of sections for part VIII of subchapter F of chapter 1 is amended by inserting after the item relating to section 529 the following new item: Sec. 529A. Qualified ABLE programs. . (7) Paragraph (4) of section 1027(g) of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5517(g)(4) ) is amended by inserting , 529A after 529 . (f) Effective date (1) In general The amendments made by this section shall apply to taxable years beginning after December 31, 2014. (2) Regulations The Secretary of the Treasury (or the Secretary’s designee) shall promulgate the regulations or other guidance required under section 529A(g) of the Internal Revenue Code of 1986, as added by subsection (a), not later than 6 months after the date of the enactment of this Act. 103. Treatment of ABLE accounts under certain Federal programs (a) Account funds disregarded for purposes of certain other means-Tested Federal programs Notwithstanding any other provision of Federal law that requires consideration of 1 or more financial circumstances of an individual, for the purpose of determining eligibility to receive, or the amount of, any assistance or benefit authorized by such provision to be provided to or for the benefit of such individual, any amount (including earnings thereon) in the ABLE account (within the meaning of section 529A of the Internal Revenue Code of 1986) of such individual, any contributions to the ABLE account of the individual, and any distribution for qualified disability expenses (as defined in subsection (e)(5) of such section) shall be disregarded for such purpose with respect to any period during which such individual maintains, makes contributions to, or receives distributions from such ABLE account, except that, in the case of the supplemental security income program under title XVI of the Social Security Act— (1) a distribution for housing expenses (within the meaning of such subsection) shall not be so disregarded, and (2) in the case of such program, any amount (including such earnings) in such ABLE account shall be considered a resource of the designated beneficiary to the extent that such amount exceeds $100,000. (b) Suspension of SSI benefits during periods of excessive account funds (1) In general The benefits of an individual under the supplemental security income program under title XVI of the Social Security Act shall not be terminated, but shall be suspended, by reason of excess resources of the individual attributable to an amount in the ABLE account (within the meaning of section 529A of the Internal Revenue Code of 1986) of the individual not disregarded under subsection (a) of this section. (2) No impact on Medicaid eligibility An individual who would be receiving payment of such supplemental security income benefits but for the application of paragraph (1) shall be treated for purposes of title XIX of the Social Security Act as if the individual continued to be receiving payment of such benefits. (c) Effective date This section shall take effect on the date of the enactment of this Act. 104. Treatment of able accounts in bankruptcy (a) Exclusion from property of the estate Section 541(b) of the title 11, United States Code, is amended— (1) in paragraph (8), by striking or at the end; (2) in paragraph (9), by striking the period at the end and inserting a semicolon and or ; and (3) by inserting after paragraph (9) the following: (10) funds placed in an account of a qualified ABLE program (as defined in section 529A(b) of the Internal Revenue Code of 1986) not later than 365 days before the date of the filing of the petition in a case under this title, but— (A) only if the designated beneficiary of such account was a child, stepchild, grandchild, or stepgrandchild of the debtor for the taxable year for which funds were placed in such account; (B) only to the extent that such funds— (i) are not pledged or promised to any entity in connection with any extension of credit; and (ii) are not excess contributions (as described in section 4973(h) of the Internal Revenue Code of 1986); and (C) in the case of funds placed in all such accounts having the same designated beneficiary not earlier than 720 days nor later than 365 days before such date, only so much of such funds as does not exceed $6,225. . (b) Debtor’s monthly expenses Section 707(b)(2)(A)(ii)(II) of title 11, United States Code, is amended by adding at the end Such monthly expenses may include, if applicable, contributions to an account of a qualified ABLE program to the extent such contributions are not excess contributions (as described in section 4973(h) of the Internal Revenue Code of 1986) and if the designated beneficiary of such account is a child, stepchild, grandchild, or stepgrandchild of the debtor. . (c) Record of debtor’s interest Section 521(c) of title 11, United States Code, is amended by inserting , an interest in an account in a qualified ABLE program (as defined in section 529A(b) of such Code, after Internal Revenue Code of 1986) . (d) Effective date The amendments made by this section shall apply with respect to cases commenced under title 11, United States Code, on or after the date of the enactment of this Act. 105. Investment direction rule for 529 plans (a) Amendments relating to investment direction rule for 529 plans (1) Paragraph (4) of section 529(b) is amended by striking may not directly or indirectly and all that follows and inserting may, directly or indirectly, direct the investment of any contributions to the program (or any earnings thereon) no more than 2 times in any calendar year. . (2) The heading of paragraph (4) of section 529(b)is amended by striking No and inserting Limited . (b) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2014. II Offsets 201. Correction to workers compensation offset age (a) Retirement age Section 224(a) of the Social Security Act ( 42 U.S.C. 424a(a) ) is amended, in the matter preceding paragraph (1), by striking the age of 65 and inserting retirement age (as defined in section 216(l)(1)) . (b) Effective date The amendment made by subsection (a) shall apply with respect to any individual who attains 65 years of age on or after the date that is 12 months after the date of the enactment of this Act. 202. Accelerated application of relative value targets for misvalued services in the Medicare physician fee schedule Section 1848(c) of the Social Security Act ( 42 U.S.C. 1395w–4(c) ) is amended— (1) in subclause (VIII) of paragraph (2)(B)(v), as added by section 220(d)(2) of the Protecting Access to Medicare Act of 2014 ( Public Law 113–93 )— (A) by striking 2017 and inserting 2016 ; and (B) by redesignating such subclause as subclause (IX); (2) in paragraph (2)(O)— (A) in the matter preceding clause (i), by striking 2017 through 2020 and inserting 2016 through 2018 ; (B) in clause (iii), by striking 2017 and inserting 2016 ; and (C) in clause (v), by inserting (or, for 2016, 1.0 percent) after 0.5 percent ; and (3) in paragraph (7), by striking 2017 and inserting 2016 . 203. Consistent treatment of vacuum erection systems in Medicare Parts B and D Section 1834(a)(1) of the Social Security Act ( 42 U.S.C. 1395m(a)(1) ) is amended by adding at the end the following new subparagraph: (I) Treatment of vacuum erection systems Effective for items and services furnished on and after July 1, 2015, vacuum erection systems described as prosthetic devices described in section 1861(s)(8) shall be treated in the same manner as erectile dysfunction drugs are treated for purposes of section 1860D-2(e)(2)(A). . 204. One-year delay of implementation of oral-only policy under Medicare ESRD prospective payment system Section 632(b)(1) of the American Taxpayer Relief Act of 2012 ( 42 U.S.C. 1395rr note), as amended by section 217(a)(1) of the Protecting Access to Medicare Act of 2014 ( Public Law 113–93 ), is amended by striking 2024 and inserting 2025 . 205. Modification relating to Inland Waterways Trust Fund financing rate (a) In general Section 4042(b)(2)(A) is amended to read as follows: (A) The Inland Waterways Trust Fund financing rate is 29 cents per gallon. . (b) Effective date The amendment made by this section shall apply to fuel used after March 31, 2015. 206. Certified professional employer organizations (a) Employment taxes Chapter 25 is amended by adding at the end the following new section: 3511. Certified professional employer organizations (a) General rules For purposes of the taxes, and other obligations, imposed by this subtitle— (1) a certified professional employer organization shall be treated as the employer (and no other person shall be treated as the employer) of any work site employee performing services for any customer of such organization, but only with respect to remuneration remitted by such organization to such work site employee, and (2) the exemptions, exclusions, definitions, and other rules which are based on type of employer and which would (but for paragraph (1)) apply shall apply with respect to such taxes imposed on such remuneration. (b) Successor employer status For purposes of sections 3121(a)(1), 3231(e)(2)(C), and 3306(b)(1)— (1) a certified professional employer organization entering into a service contract with a customer with respect to a work site employee shall be treated as a successor employer and the customer shall be treated as a predecessor employer during the term of such service contract, and (2) a customer whose service contract with a certified professional employer organization is terminated with respect to a work site employee shall be treated as a successor employer and the certified professional employer organization shall be treated as a predecessor employer. (c) Liability of certified professional employer organization Solely for purposes of its liability for the taxes and other obligations imposed by this subtitle— (1) a certified professional employer organization shall be treated as the employer of any individual (other than a work site employee or a person described in subsection (f)) who is performing services covered by a contract meeting the requirements of section 7705(e)(2), but only with respect to remuneration remitted by such organization to such individual, and (2) the exemptions, exclusions, definitions, and other rules which are based on type of employer and which would (but for paragraph (1)) apply shall apply with respect to such taxes imposed on such remuneration. (d) Treatment of credits (1) In general For purposes of any credit specified in paragraph (2)— (A) such credit with respect to a work site employee performing services for the customer applies to the customer, not the certified professional employer organization, (B) the customer, and not the certified professional employer organization, shall take into account wages and employment taxes— (i) paid by the certified professional employer organization with respect to the work site employee, and (ii) for which the certified professional employer organization receives payment from the customer, and (C) the certified professional employer organization shall furnish the customer and the Secretary with any information necessary for the customer to claim such credit. (2) Credits specified A credit is specified in this paragraph if such credit is allowed under— (A) section 41 (credit for increasing research activity), (B) section 45A (Indian employment credit), (C) section 45B (credit for portion of employer social security taxes paid with respect to employee cash tips), (D) section 45C (clinical testing expenses for certain drugs for rare diseases or conditions), (E) section 45R (employee health insurance expenses of small employers), (F) section 51 (work opportunity credit), (G) section 1396 (empowerment zone employment credit), and (H) any other section as provided by the Secretary. (e) Special rule for related party This section shall not apply in the case of a customer which bears a relationship to a certified professional employer organization described in section 267(b) or 707(b). For purposes of the preceding sentence, such sections shall be applied by substituting 10 percent for 50 percent . (f) Special rule for certain individuals For purposes of the taxes imposed under this subtitle, an individual with net earnings from self-employment derived from the customer’s trade or business (including a partner in a partnership that is a customer) is not a work site employee with respect to remuneration paid by a certified professional employer organization. (g) Reporting requirements and obligations The Secretary shall develop such reporting and recordkeeping rules, regulations, and procedures as the Secretary determines necessary or appropriate to ensure compliance with this title by certified professional employer organizations or persons that have been so certified. Such rules shall include— (1) notification of the Secretary in such manner as the Secretary shall prescribe in the case of the commencement or termination of a service contract described in section 7705(e)(2) between such a person and a customer, and the employer identification number of such customer, (2) such information as the Secretary determines necessary for the customer to claim the credits identified in subsection (d) and the manner in which such information is to be provided, as prescribed by the Secretary, and (3) such other information as the Secretary determines is essential to promote compliance with respect to the credits identified in subsection (d) and section 3302, and shall be designed in a manner which streamlines, to the extent possible, the application of requirements of this section and section 7705, the exchange of information between a certified professional employer organization and its customers, and the reporting and recordkeeping obligations of the certified professional employer organization. (h) Regulations The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section. . (b) Certified professional employer organization defined Chapter 79 is amended by adding at the end the following new section: 7705. Certified professional employer organizations (a) In general For purposes of this title, the term certified professional employer organization means a person who applies to be treated as a certified professional employer organization for purposes of section 3511 and has been certified by the Secretary as meeting the requirements of subsection (b). (b) Certification requirements A person meets the requirements of this subsection if such person— (1) demonstrates that such person (and any owner, officer, and other persons as may be specified in regulations) meets such requirements as the Secretary shall establish, including requirements with respect to tax status, background, experience, business location, and annual financial audits, (2) agrees that it will satisfy the bond and independent financial review requirements of subsection (c) on an ongoing basis, (3) agrees that it will satisfy such reporting obligations as may be imposed by the Secretary, (4) computes its taxable income using an accrual method of accounting unless the Secretary approves another method, (5) agrees to verify on such periodic basis as the Secretary may prescribe that it continues to meet the requirements of this subsection, and (6) agrees to notify the Secretary in writing within such time as the Secretary may prescribe of any change that materially affects the continuing accuracy of any agreement or information that was previously made or provided under this subsection. (c) Bond and independent financial review (1) In general An organization meets the requirements of this paragraph if such organization— (A) meets the bond requirements of paragraph (2), and (B) meets the independent financial review requirements of paragraph (3). (2) Bond (A) In general A certified professional employer organization meets the requirements of this paragraph if the organization has posted a bond for the payment of taxes under subtitle C (in a form acceptable to the Secretary) that is in an amount at least equal to the amount specified in subparagraph (B). (B) Amount of bond For the period April 1 of any calendar year through March 31 of the following calendar year, the amount of the bond required is equal to the greater of— (i) 5 percent of the organization's liability under section 3511 for taxes imposed by subtitle C during the preceding calendar year (but not to exceed $1,000,000), or (ii) $50,000. (3) Independent financial review requirements A certified professional employer organization meets the requirements of this paragraph if such organization— (A) has, as of the most recent audit date, caused to be prepared and provided to the Secretary (in such manner as the Secretary may prescribe) an opinion of an independent certified public accountant as to whether the certified professional employer organization’s financial statements are presented fairly in accordance with generally accepted accounting principles, and (B) provides to the Secretary an assertion regarding Federal employment tax payments and an examination level attestation on such assertion from an independent certified public accountant not later than the last day of the second month beginning after the end of each calendar quarter. Such assertion shall state that the organization has withheld and made deposits of all taxes imposed by chapters 21, 22, and 24 in accordance with regulations imposed by the Secretary for such calendar quarter and such examination level attestation shall state that such assertion is fairly stated, in all material respects. (4) Controlled group rules For purposes of the requirements of paragraphs (2) and (3), all certified professional employer organizations that are members of a controlled group within the meaning of sections 414(b) and (c) shall be treated as a single organization. (5) Failure to file assertion and attestation If the certified professional employer organization fails to file the assertion and attestation required by paragraph (3) with respect to any calendar quarter, then the requirements of paragraph (3) with respect to such failure shall be treated as not satisfied for the period beginning on the due date for such attestation. (6) Audit date For purposes of paragraph (3)(A), the audit date shall be six months after the completion of the organization's fiscal year. (d) Suspension and revocation authority The Secretary may suspend or revoke a certification of any person under subsection (b) for purposes of section 3511 if the Secretary determines that such person is not satisfying the agreements or requirements of subsections (b) or (c), or fails to satisfy applicable accounting, reporting, payment, or deposit requirements. (e) Work site employee For purposes of this title— (1) In general The term work site employee means, with respect to a certified professional employer organization, an individual who— (A) performs services for a customer pursuant to a contract which is between such customer and the certified professional employer organization and which meets the requirements of paragraph (2), and (B) performs services at a work site meeting the requirements of paragraph (3). (2) Service contract requirements A contract meets the requirements of this paragraph with respect to an individual performing services for a customer if such contract is in writing and provides that the certified professional employer organization shall— (A) assume responsibility for payment of wages to such individual, without regard to the receipt or adequacy of payment from the customer for such services, (B) assume responsibility for reporting, withholding, and paying any applicable taxes under subtitle C, with respect to such individual's wages, without regard to the receipt or adequacy of payment from the customer for such services, (C) assume responsibility for any employee benefits which the service contract may require the certified professional employer organization to provide, without regard to the receipt or adequacy of payment from the customer for such benefits, (D) assume responsibility for recruiting, hiring, and firing workers in addition to the customer’s responsibility for recruiting, hiring, and firing workers, (E) maintain employee records relating to such individual, and (F) agree to be treated as a certified professional employer organization for purposes of section 3511 with respect to such individual. (3) Work site coverage requirement The requirements of this paragraph are met with respect to an individual if at least 85 percent of the individuals performing services for the customer at the work site where such individual performs services are subject to 1 or more contracts with the certified professional employer organization which meet the requirements of paragraph (2) (but not taking into account those individuals who are excluded employees within the meaning of section 414(q)(5)). (f) Public disclosure The Secretary shall make available to the public the name and address of— (1) each person certified as a professional employer organization under subsection (a), and (2) each person whose certification as a professional employer organization is suspended or revoked under subsection (d). (g) Determination of employment status Except to the extent necessary for purposes of section 3511, nothing in this section shall be construed to affect the determination of who is an employee or employer for purposes of this title. (h) Regulations The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section. . (c) Conforming amendments (1) Section 3302 is amended by adding at the end the following new subsection: (h) Treatment of certified professional employer organizations If a certified professional employer organization (as defined in section 7705), or a customer of such organization, makes a contribution to the State’s unemployment fund with respect to wages paid to a work site employee, such certified professional employer organization shall be eligible for the credits available under this section with respect to such contribution. . (2) Section 3303(a) is amended— (A) by striking the period at the end of paragraph (3) and inserting ; and and by inserting after paragraph (3) the following new paragraph: (4) if the taxpayer is a certified professional employer organization (as defined in section 7705) that is treated as the employer under section 3511, such certified professional employer organization is permitted to collect and remit, in accordance with paragraphs (1), (2), and (3), contributions during the taxable year to the State unemployment fund with respect to a work site employee. , and (B) in the last sentence— (i) by striking paragraphs (1), (2), and (3) and inserting paragraphs (1), (2), (3), and (4) , and (ii) by striking paragraph (1), (2), or (3) and inserting paragraph (1), (2), (3), or (4) . (3) Section 6053(c) is amended by adding at the end the following new paragraph: (8) Certified professional employer organizations For purposes of any report required by this subsection, in the case of a certified professional employer organization that is treated under section 3511 as the employer of a work site employee, the customer with respect to whom a work site employee performs services shall be the employer for purposes of reporting under this section and the certified professional employer organization shall furnish to the customer and the Secretary any information the Secretary prescribes as necessary to complete such reporting no later than such time as the Secretary shall prescribe. . (4) Section 6652 is amended by adding at the end the following new subsection: (n) Failure to make reports required under sections 3511 , 6053(c)(8) , and 7705 In the case of a failure to make a report required under section 3511, 6053(c)(8), or 7705 which contains the information required by such section on the date prescribed therefor (determined with regard to any extension of time for filing), there shall be paid (on notice and demand by the Secretary and in the same manner as tax) by the person failing to make such report, an amount equal to $50 for each report with respect to which there was such a failure. In the case of any failure due to negligence or intentional disregard the preceding sentence shall be applied by substituting $100 for $50 . . (d) Clerical amendments (1) The table of sections for chapter 25 is amended by adding at the end the following new item: Sec. 3511. Certified professional employer organizations. . (2) The table of sections for chapter 79 is amended by inserting after the item relating to section 7704 the following new item: Sec. 7705. Certified professional employer organizations. . (f) User fees Section 7528(b) is amended by adding at the end the following new paragraph: (4) Certified professional employer organizations The fee charged under the program in connection with the certification by the Secretary of a professional employer organization under section 7705 shall be an annual fee not to exceed $1,000 per year. . (g) Effective dates (1) In general The amendments made by this section shall apply with respect to wages for services performed on or after January 1 of the first calendar year beginning more than 12 months after the date of the enactment of this Act. (2) Certification program The Secretary of the Treasury shall establish the certification program described in section 7705(b) of the Internal Revenue Code of 1986, as added by subsection (b), not later than 6 months before the effective date determined under paragraph (1). (h) No inference Nothing contained in this section or the amendments made by this section shall be construed to create any inference with respect to the determination of who is an employee or employer— (1) for Federal tax purposes (other than the purposes set forth in the amendments made by this section), or (2) for purposes of any other provision of law. 207. Exclusion of dividends from controlled foreign corporations from the definition of personal holding company income for purposes of the personal holding company rules (a) In general Section 543(a)(1) is amended— (1) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively, and (2) by inserting after subparagraph (B) the following: (C) dividends received by a United States shareholder (as defined in section 951(b)) from a controlled foreign corporation (as defined in section 957(a)), . (b) Effective date The amendments made by this Act shall apply to taxable years ending on or after the date of the enactment of this Act. 208. Inflation adjustment for certain civil penalties under the Internal Revenue Code of 1986 (a) Failure to file tax return or pay tax Section 6651 is amended by adding at the end the following new subsection: (i) Adjustment for inflation (1) In general In the case of any return required to be filed in a calendar year beginning after 2014, the $135 dollar amount under subsection (a) shall be increased by such dollar amount multiplied by the cost-of-living adjustment determined under section 1(f)(3) determined by substituting calendar year 2013 for calendar year 1992 in subparagraph (B) thereof. (2) Rounding If any amount adjusted under paragraph (1) is not a multiple of $5, such amount shall be rounded to the next lowest multiple of $5. . (b) Failure to file certain information returns, registration statements, etc (1) In general Section 6652(c) is amended by adding at the end the following new paragraph: (6) Adjustment for inflation (A) In general In the case of any failure relating to a return required to be filed in a calendar year beginning after 2014, each of the dollar amounts under paragraphs (1), (2), and (3) shall be increased by such dollar amount multiplied by the cost-of-living adjustment determined under section 1(f)(3) determined by substituting calendar year 2013 for calendar year 1992 in subparagraph (B) thereof. (B) Rounding If any amount adjusted under subparagraph (A)— (i) is not less than $5,000 and is not a multiple of $500, such amount shall be rounded to the next lowest multiple of $500, and (ii) is not described in clause (i) and is not a multiple of $5, such amount shall be rounded to the next lowest multiple of $5. . (2) Conforming amendments (A) The last sentence of section 6652(c)(1)(A) is amended by striking the first sentence of this subparagraph shall be applied by substituting $100 for $20 and and inserting in applying the first sentence of this subparagraph, the amount of the penalty for each day during which a failure continues shall be $100 in lieu of the amount otherwise specified, and . (B) Section 6652(c)(2)(C)(ii) is amended by striking the first sentence of paragraph (1)(A) and all that follows and inserting in applying the first sentence of paragraph (1)(A), the amount of the penalty for each day during which a failure continues shall be $100 in lieu of the amount otherwise specified, and in lieu of applying the second sentence of paragraph (1)(A), the maximum penalty under paragraph (1)(A) shall not exceed $50,000, and . (c) Other assessable penalties with respect to the preparation of tax returns for other persons Section 6695 is amended by adding at the end the following new subsection: (h) Adjustment for inflation (1) In general In the case of any failure relating to a return or claim for refund filed in a calendar year beginning after 2014, each of the dollar amounts under subsections (a), (b), (c), (d), (e), (f), and (g) shall be increased by such dollar amount multiplied by the cost-of-living adjustment determined under section 1(f)(3) determined by substituting calendar year 2013 for calendar year 1992 in subparagraph (B) thereof. (2) Rounding If any amount adjusted under subparagraph (A)— (A) is not less than $5,000 and is not a multiple of $500, such amount shall be rounded to the next lowest multiple of $500, and (B) is not described in clause (i) and is not a multiple of $5, such amount shall be rounded to the next lowest multiple of $5. . (d) Failure to file partnership return Section 6698 is amended by adding at the end the following new subsection: (e) Adjustment for inflation (1) In general In the case of any return required to be filed in a calendar year beginning after 2014, the $195 dollar amount under subsection (b)(1) shall be increased by such dollar amount multiplied by the cost-of-living adjustment determined under section 1(f)(3) determined by substituting calendar year 2013 for calendar year 1992 in subparagraph (B) thereof. (2) Rounding If any amount adjusted under paragraph (1) is not a multiple of $5, such amount shall be rounded to the next lowest multiple of $5. . (e) Failure to file S corporation return Section 6699 is amended by adding at the end the following new subsection: (e) Adjustment for inflation (1) In general In the case of any return required to be filed in a calendar year beginning after 2014, the $195 dollar amount under subsection (b)(1) shall be increased by such dollar amount multiplied by the cost-of-living adjustment determined under section 1(f)(3) determined by substituting calendar year 2013 for calendar year 1992 in subparagraph (B) thereof. (2) Rounding If any amount adjusted under paragraph (1) is not a multiple of $5, such amount shall be rounded to the next lowest multiple of $5. . (f) Failure to file correct information returns Section 6721(f)(1) is amended by striking For each fifth calendar year beginning after 2012 and inserting In the case of any failure relating to a return required to be filed in a calendar year beginning after 2014 . (g) Failure to furnish correct payee statements Section 6722(f)(1) is amended by striking For each fifth calendar year beginning after 2012 and inserting In the case of any failure relating to a statement required to be furnished in a calendar year beginning after 2014 . (h) Effective date The amendments made by this section shall apply to returns required to be filed after December 31, 2014. 209. Increase in continuous levy (a) In general Paragraph (3) of section 6331(h) is amended by striking the period at the end and inserting and by substituting 30 percent for 15 percent in the case of any specified payment due to a Medicare provider or supplier under title XVIII of the Social Security Act. . (b) Effective date The amendment made by this section shall apply to payments made after 180 days after the date of the enactment of this Act. Passed the House of Representatives December 3, 2014. Karen L. Haas, Clerk.	https://www.govinfo.gov/content/pkg/BILLS-113hr5771eh/xml/BILLS-113hr5771eh.xml
113-hr-5772	I 113th CONGRESS 2d Session H. R. 5772 IN THE HOUSE OF REPRESENTATIVES December 1, 2014 Mr. Connolly introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend section 552a of title 5, United States Code, to unequivocally authorize an award of provable damages, including damages that are not pecuniary damages. 1. Short title This Act may be cited as the Safeguarding Individual Privacy Against Government Invasion Act of 2014 . 2. Civil remedies under the Privacy Act Section 552a(g)(4)(A) of title 5, United States Code, is amended— (a) by striking actual damages and inserting provable damages, including damages that are not pecuniary damages, ; and (b) by striking , but in no case shall a person entitled to recovery receive less than the sum of $1,000 and inserting or the sum of $1,000, whichever is greater .	https://www.govinfo.gov/content/pkg/BILLS-113hr5772ih/xml/BILLS-113hr5772ih.xml
113-hr-5773	I 113th CONGRESS 2d Session H. R. 5773 IN THE HOUSE OF REPRESENTATIVES December 1, 2014 Mr. Crowley 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 amend the Internal Revenue Code of 1986 and the Employee Retirement Income Security Act of 1974 to extend certain provisions relating to multiemployer defined benefit pension plans. 1. Extension of automatic extension of amortization periods (a) Amendment to Internal Revenue Code of 1986 Subparagraph (C) of section 431(d)(1) of the Internal Revenue Code of 1986 is amended by striking December 31, 2014 and inserting December 31, 2015 . (b) Amendment to Employee Retirement Income Security Act of 1974 Subparagraph (C) of section 304(d)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1084(d)(1)(C)) is amended by striking December 31, 2014 and inserting December 31, 2015 . (c) Effective date The amendments made by this section shall apply to applications submitted under section 431(d)(1)(A) of the Internal Revenue Code of 1986 and section 304(d)(1)(C) of the Employee Retirement Income Security Act of 1974 after December 31, 2014. 2. Extension of funding improvement and rehabilitation plan rules (a) In general Paragraphs (1) and (2) of section 221(c) of the Pension Protection Act of 2006 are each amended by striking December 31, 2014 and inserting December 31, 2015 . (b) Conforming amendment Paragraph (2) of section 221(c) of the Pension Protection Act of 2006 is amended by striking January 1, 2015 and inserting January 1, 2016 . (c) Effective date The amendments made by this section shall apply to plan years beginning after December 31, 2014.	https://www.govinfo.gov/content/pkg/BILLS-113hr5773ih/xml/BILLS-113hr5773ih.xml
113-hr-5774	I 113th CONGRESS 2d Session H. R. 5774 IN THE HOUSE OF REPRESENTATIVES December 1, 2014 Mr. Sam Johnson of Texas 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 prohibit the assignment of social security account numbers to certain individuals seeking employment in the United States, and for other purposes. 1. Short title This Act may be cited as the No Social Security Numbers and Benefits for Illegal Aliens Act of 2014 . 2. Prohibition on assignment of social security account numbers to certain individuals seeking employment in the United States Section 205(c)(2)(B) of the Social Security Act ( 42 U.S.C. 405(c)(2)(B) ) is amended by adding at the end the following: (iv) Notwithstanding clause (i), the Commissioner of Social Security may not assign a social security account number to any individual who— (I) the Secretary of Homeland Security has determined has been authorized to be employed in the United States in accordance with the Department of Homeland Security memorandum dated November 20, 2014 with the subject line Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Who Are the Parents of U.S. Citizens or Permanent Residents ; and (II) would not be so authorized but for such Department of Homeland Security memorandum. . 3. Prohibition on payment of title II benefits (a) Fully insured and currently insured individuals Section 214(c)(1) of the Social Security Act ( 42 U.S.C. 414(c)(1) ) is amended by striking subclause (I) or (III) of section 205(c)(2)(B)(i) and inserting subclause (I) or (III) of clause (i) of section 205(c)(2)(B) and clause (iv) of such section . (b) Disability benefits Section 223(a)(1)(C)(i) of the Social Security Act ( 42 U.S.C. 423(a)(1)(C)(i) ) is amended by striking subclause (I) or (III) of section 205(c)(2)(B)(i) and inserting subclause (I) or (III) of clause (i) of section 205(c)(2)(B) and clause (iv) of such section . 4. Denial of credit toward benefits for earnings from unauthorized work (a) In general Section 214 of the Social Security Act ( 42 U.S.C. 414 ) is amended by adding at the end the following: (d) (1) No quarters of coverage shall be credited for purposes of this section or section 223(a)(1)(A) for any calendar year in the case of any individual if— (A) on the last day of such year, such individual is not a citizen or national of the United States, and (B) the Secretary of Homeland Security determines, pursuant to paragraph (2), that such individual was not authorized to be employed in the United States during any portion of such calendar year. (2) (A) The Secretary of Homeland Security shall enter into an agreement with the Commissioner to provide, in a form and manner specified by the Commissioner, such information as the Commissioner determines necessary to carry out the limitations on crediting quarters of coverage for years under paragraph (1). (B) For the purpose of carrying out the Secretary’s duties under subparagraph (A), the Secretary of Homeland Security shall, in consultation with the Commissioner, develop and maintain the following information: (i) The name, social security account number, and date of birth of each individual who is authorized by the Secretary of Homeland Security or the Secretary of State to be employed in the United States. (ii) The date on which each such authorization is granted. (iii) The date on which each such authorization is revoked or terminated. (iv) The date of naturalization for each individual who becomes a naturalized citizen of the United States. (C) The information provided to the Commissioner under subparagraph (A) relating to years in which an individual was not authorized to be employed in the United States during any portion of a year shall be the final determination of the Secretary of Homeland Security after an opportunity for review or appeal under procedures which shall be established by the Secretary of Homeland Security and shall not be reviewable by the Commissioner. (3) Paragraph (1) shall not apply with respect to an individual who was assigned a social security account number prior to the date of the enactment of the No Social Security Numbers and Benefits for Illegal Aliens Act of 2014 . . (b) Disregard of earnings for years for which no quarter of coverage may be credited Section 215(e) of such Act ( 42 U.S.C. 415(e) ) is amended— (1) by striking and at the end of paragraph (1); (2) by striking the period at the end of paragraph (2) and inserting ; and ; and (3) by adding at the end the following new paragraph: (3) in computing the average indexed monthly earnings of an individual, there shall not be counted any annual wages or self-employment income for any year for which no quarter of coverage may be credited to such individual as a result of the application of section 214(d)(1). . (c) Transmission of information from Commissioner to Secretary Section 205(c)(2) of such Act ( 42 U.S.C. 405(c)(2) ) is amended by adding at the end the following new subparagraph: (I) The Commissioner and the Secretary of Homeland Security shall enter into an agreement to establish a system to transmit to the Secretary of Homeland Security any social security account number assigned to an individual after the date of the enactment of the No Social Security Numbers and Benefits for Illegal Aliens Act of 2014 , and other identifying information relating to such individual, in any case in which such individual is not a citizen or national of the United States at the time of the assignment of such number to such individual. The Secretary of Homeland Security shall incorporate such number and other identifying information into all records of the Department of Homeland Security maintained with respect to such individual. . (d) Effective dates (1) Section 214(d)(1) of the Social Security Act (added by subsection (a)) shall be effective with respect to quarters of coverage credited for calendar years commencing after the date on which the Secretary of Homeland Security and the Commissioner certify, by publication in the Federal Register, that the system for developing and maintaining information pursuant to section 214(d)(2)(B) of the Social Security Act (added by subsection (a)) is operational. (2) The Commissioner of Social Security and the Secretary of Homeland Security shall enter into the agreement described in section 205(c)(2) of the Social Security Act (added by subsection (c)) not later than 180 days after the date of the enactment of this Act.	https://www.govinfo.gov/content/pkg/BILLS-113hr5774ih/xml/BILLS-113hr5774ih.xml
113-hr-5775	I 113th CONGRESS 2d Session H. R. 5775 IN THE HOUSE OF REPRESENTATIVES December 1, 2014 Mr. Kelly of Pennsylvania (for himself and Mr. Kind ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to extend certain expiring energy tax incentives. 1. Short title, etc (a) Short title This Act may be cited as the Powering American Jobs Act of 2014 . (b) Amendment of 1986 Code Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title, etc. Sec. 2. Extension and modification of credit for nonbusiness energy property. Sec. 3. Extension of excise tax credits relating to certain fuels. Sec. 4. Extension of credit for alternative fuel vehicle refueling property. Sec. 5. Extension of incentives for biodiesel and renewable diesel. Sec. 6. Equalization of excise tax on liquefied natural gas and liquefied petroleum gas. 2. Extension and modification of credit for nonbusiness energy property (a) In general Paragraph (2) of section 25C(g) is amended by striking December 31, 2013 and inserting December 31, 2015 . (b) Updated Energy Star requirements for windows, doors, skylights, and roofing (1) In general Paragraph (1) of section 25C(c) is amended by striking which meets and all that follows through requirements) . (2) Energy efficient building envelope component Subsection (c) of section 25C is amended by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively, and by inserting after paragraph (1) the following new paragraph: (2) Energy efficient building envelope component The term energy efficient building envelope component means a building envelope component which meets— (A) applicable Energy Star program requirements, in the case of a roof or roof products, (B) version 6.0 Energy Star program requirements, in the case of an exterior window, a skylight, or an exterior door, and (C) the prescriptive criteria for such component established by the 2009 International Energy Conservation Code, as such Code (including supplements) is in effect on the date of the enactment of the American Recovery and Reinvestment Tax Act of 2009, in the case of any other component. . (3) Conforming amendment Subparagraph (D) of section 25C(c)(3), as so redesignated, is amended to read as follows: (D) any roof or roof products which are installed on a dwelling unit and are specifically and primarily designed to reduce the heat gain of such dwelling unit. . (c) Separate standards for tankless and storage water heaters Subparagraph (D) of section 25C(d)(3) is amended by striking which has either and all that follows and inserting “which has— (i) in the case of a natural gas, propane, or oil storage water heater, an energy factor of at least 0.80 or a thermal efficiency of at least 90 percent, (ii) in the case of an electric heat pump storage water heater, an energy factor of at least 2.0, (iii) effective April 16, 2015, in the case of a natural gas, propane, or oil storage water heater, with a rated BTU input of no more than 75,000 BTU/hr, an energy factor of at least 0.80 or, with a rated BTU input greater than 75,000 BTU/hr, a thermal efficiency of at least 90 percent, (iv) effective April 16, 2015, in the case of an electric heat pump storage water heater, with a water storage capacity equal to or less than 55 gallons, an energy factor of at least 2.0 or, with a water storage capacity equal to or greater than 55 gallons, an energy factor of at least 2.2, and (v) in the case of any other water heater, an energy factor of at least 0.90 or a thermal efficiency of at least 90 percent, and . (d) Modification of testing standards for biomass stoves Subparagraph (E) of section 25C(d)(3) is amended by inserting before the period the following: , when tested using the higher heating value of the fuel and in accordance with the Canadian Standards Administration B415.1 test protocol . (e) Modifications to residential energy property expenditures (1) Qualified natural gas, propane, or oil furnaces or hot water boilers Paragraph (4) of section 25C(d) is amended to read as follows: (4) Qualified natural gas, propane, or oil furnace or hot water boiler The term qualified natural gas, propane, or oil furnace or hot water boiler means— (A) a natural gas or propane furnace which achieves an annual fuel utilization efficiency rate of not less than 95, (B) a natural gas or propane hot water boiler which achieves an annual fuel utilization efficiency rate of not less than 90, and (C) an oil furnace or hot water boiler which— (i) achieves an annual fuel utilization efficiency rate of not less than 87, and (ii) (I) in the case of a hot water boiler, is installed with an indirect water heater, and (II) in the case of a furnace, is installed with an electronically commutated blower motor. . (f) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2013. 3. Extension of excise tax credits relating to certain fuels (a) Excise tax credits and outlay payments for biodiesel and renewable diesel fuel mixtures (1) Paragraph (6) of section 6426(c) is amended by striking December 31, 2013 and inserting December 31, 2015 . (2) Subparagraph (B) of section 6427(e)(6) is amended by striking December 31, 2013 and inserting December 31, 2015 . (b) Extension of alternative fuels excise tax credits (1) In general Sections 6426(d)(5) and 6426(e)(3) are each amended by striking December 31, 2013 and inserting December 31, 2015 . (2) Outlay payments for alternative fuels Subparagraph (C) of section 6427(e)(6) is amended by striking December 31, 2013 and inserting December 31, 2015 . (c) Extension of alternative fuels excise tax credits relating to liquefied hydrogen (1) In general Sections 6426(d)(5) and 6426(e)(3), as amended by subsection (b), are each amended by striking (September 30, 2014 in the case of any sale or use involving liquefied hydrogen) . (2) Outlay payments for alternative fuels Paragraph (6) of section 6427(e) is amended— (A) by striking except as provided in subparagraph (D), any in subparagraph (C), as amended by this Act, and inserting any , (B) by striking the comma at the end of subparagraph (C) and inserting , and , and (C) by striking subparagraph (D) and redesignating subparagraph (E) as subparagraph (D). (d) Effective dates (1) In general Except as provided in paragraph (2), the amendments made by this section shall apply to fuel sold or used after December 31, 2013. (2) Liquefied hydrogen The amendments made by subsection (c) shall apply to fuels sold or used after September 30, 2014. (e) Special rule for certain periods during 2014 Notwithstanding any other provision of law, in the case of— (1) any biodiesel mixture credit properly determined under section 6426(c) of the Internal Revenue Code of 1986 for periods after December 31, 2013, and before the date of the enactment of this Act, and (2) any alternative fuel credit properly determined under section 6426(d) of such Code for such periods, such credit shall be allowed, and any refund or payment attributable to such credit (including any payment under section 6427(e) of such Code) shall be made, only in such manner as the Secretary of the Treasury (or the Secretary’s delegate) shall provide. Such Secretary shall issue guidance within 30 days after the date of the enactment of this Act providing for a one-time submission of claims covering periods described in the preceding sentence. Such guidance shall provide for a 180-day period for the submission of such claims (in such manner as prescribed by such Secretary) to begin not later than 30 days after such guidance is issued. Such claims shall be paid by such Secretary not later than 60 days after receipt. If such Secretary has not paid pursuant to a claim filed under this subsection within 60 days after the date of the filing of such claim, the claim shall be paid with interest from such date determined by using the overpayment rate and method under section 6621 of such Code. 4. Extension of credit for alternative fuel vehicle refueling property (a) In general Subsection (g) of section 30C is amended by striking placed in service and all that follows and inserting placed in service after December 31, 2015. . (b) Effective date The amendment made by this section shall apply to property placed in service after December 31, 2013. 5. Extension of incentives for biodiesel and renewable diesel (a) Credits for biodiesel and renewable diesel used as fuel Subsection (g) of section 40A is amended by striking December 31, 2013 and inserting December 31, 2015 . (b) Effective date The amendment made by this section shall apply to fuel sold or used after December 31, 2013. 6. Equalization of excise tax on liquefied natural gas and liquefied petroleum gas (a) Liquefied petroleum gas (1) In general Subparagraph (B) of section 4041(a)(2) of the Internal Revenue Code of 1986 is amended by striking and at the end of clause (i), by redesignating clause (ii) as clause (iii), and by inserting after clause (i) the following new clause: (ii) in the case of liquefied petroleum gas, 18.3 cents per energy equivalent of a gallon of gasoline, and . (2) Energy equivalent of a gallon of gasoline Paragraph (2) of section 4041(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following: (C) Energy equivalent of a gallon of gasoline For purposes of this paragraph, the term energy equivalent of a gallon of gasoline means, with respect to a liquefied petroleum gas fuel, the amount of such fuel having a Btu content of 115,400 (lower heating value). . (b) Liquefied natural gas (1) In general Subparagraph (B) of section 4041(a)(2) of the Internal Revenue Code of 1986, as amended by subsection (a)(1), is amended by striking and at the end of clause (ii), by striking the period at the end of clause (iii) and inserting , and and by inserting after clause (iii) the following new clause: (iv) in the case of liquefied natural gas, 24.3 cents per energy equivalent of a gallon of diesel. . (2) Energy equivalent of a gallon of diesel Paragraph (2) of section 4041(a) of the Internal Revenue Code of 1986, as amended by subsection (a)(2), is amended by adding at the end the following: (D) Energy equivalent of a gallon of diesel For purposes of this paragraph, the term energy equivalent of a gallon of diesel means, with respect to a liquefied natural gas fuel, the amount of such fuel having a Btu content of 128,700 (lower heating value). . (3) Conforming amendments Section 4041(a)(2)(B)(iv) of the Internal Revenue Code of 1986, as redesignated by subsection (a)(1) and paragraph (1), is amended— (A) by striking liquefied natural gas, , and (B) by striking peat), and and inserting peat) and . (c) Effective date The amendments made by this section shall apply to any sale or use of fuel after September 30, 2014.	https://www.govinfo.gov/content/pkg/BILLS-113hr5775ih/xml/BILLS-113hr5775ih.xml
113-hr-5776	I 113th CONGRESS 2d Session H. R. 5776 IN THE HOUSE OF REPRESENTATIVES December 1, 2014 Mr. Perlmutter (for himself and Mr. Stivers ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To allow reviews of certain families’ incomes every 3 years for purposes of determining eligibility for certain Federal assisted housing programs. 1. Short title This Act may be cited as the Tenant Income Verification Relief Act of 2014 . 2. Reviews of family incomes (a) In general The second sentence of paragraph (1) of section 3(a) of the United States Housing Act of 1937 (42 U.S.C. 1437a(a)(1)) is amended by inserting before the period at the end the following: ; except that, in the case of any family with a fixed income, as defined by the Secretary, after the initial review of the family’s income, the public housing agency or owner shall not be required to conduct a review of the family’s income for any year for which such family certifies, in accordance with such requirements as the Secretary shall establish, which shall include policies to adjust for inflation-based income changes, that 90 percent or more of the income of the family consists of fixed income, and that the sources of such income have not changed since the previous year, except that the public housing agency or owner shall conduct a review of each such family’s income not less than once every 3 years . (b) Housing choice voucher program Subparagraph (A) of section 8(o)(5) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(5)(A)) is amended by striking not less than annually and inserting as required by section 3(a)(1) of this Act .	https://www.govinfo.gov/content/pkg/BILLS-113hr5776ih/xml/BILLS-113hr5776ih.xml
113-hr-5777	I 113th CONGRESS 2d Session H. R. 5777 IN THE HOUSE OF REPRESENTATIVES December 1, 2014 Mr. Stockman introduced the following bill; which was referred to the Committee on Financial Services, 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 protect cryptocurrencies. 1. Short title This title may be cited as the Cryptocurrency Protocol Protection and Moratorium Act (also, CryptPMA ). 2. Moratorium (a) Neither the Federal Government nor any State or political subdivision thereof shall impose any statutory restrictions or regulations specifically identifying and governing the creation, use, exploitation, possession or transfer of any algorithmic protocols governing the operation of any virtual, non-physical, algorithm or computer source code-based medium for exchange (collectively, cryptocurrency as defined herein) for a period beginning June 1, 2015, and extending five years after the enactment of this Act (such period, the moratorium period ), except for statutes already enacted and effective prior to the date of enactment of this Act, and further suspending the enactment and effectiveness of any and all pending statutes and regulations until the end of the aforementioned moratorium period, except as otherwise provided in this section. (b) Nothing in this Act shall prevent, impair or impede the operation of any government agency, authority or instrumentality, whether of the Federal Government or of any State or political subdivision thereof, to enforce currently existing criminal, civil or taxation statutes and regulations. 3. Definitions (a) Algorithm is defined as a procedure for solving a mathematical problem in a finite number of steps performed by a computer. (b) Algorithmic chain is a series or chain of bits of data comprising a unique string of data which is the basis for the cryptographic proof of a valid transfer or transaction of cryptocurrencies. The algorithmic chain for a cryptocurrency is commonly referred to as a blockchain . (c) The cryptographic proof for each transaction or transfer is based on one unique algorithmic chain, distinct from all previously existing algorithms and neither replicable nor reusable yet sharing with all other units at least one common source code element in the algorithmic chain (or blockchain ) in the transferor’s existing bitcoin or bitcoins. (d) Protocol refers to procedures or guidelines governing the creation, development and operation of a cryptocurrency. (e) Service is defined as the Internal Revenue Service. (f) The phrase using the Internet or other electronic, non-physical medium means by placement of material in a computer server-based file archive so that it is publicly accessible, on, through, or over the Internet, using hypertext transfer protocol, file transfer protocol, or other similar protocols. (g) Cryptocurrency is a popular term encompassing code-based protocols supporting an electronic, non-physical media for the exchange of value, and for the sake of both clarity and the avoidance of confusion in the mind of the public, based on the prior use of this term by the Internal Revenue Service in its initial guidance (see Notice 2014–21, released March 26, 2014) this term is used herein. However, it is believed cryptocurrency encompasses the same protocols as those covered by terms such as digital currency , virtual currency or electronic currency . 4. Declaration of moratorium (a) In general It is the sense of Congress that no new statutes, regulations or advisory opinions be passed, implemented, enforced or issued governing the creation, use, possession or taxation of cryptocurrencies, the protocols governing each and the data, codes, algorithms or other calculations comprising each, until the expiration of the moratorium as provided in this Act. (b) Public interest It is further the sense of Congress that the development and use of any media for exchange which possesses the characteristic of cryptographic proof of and for a transaction of cryptocurrency without the need for or reliance upon third-party intermediaries or verification is a circumstance that is likely to result in economic and other efficiencies for the American people and other participants in the domestic economy, and as such may be crucial to overall economic growth, will enhance the economic well-being of the American people and will otherwise be in the public interest. 5. Declaration of neutral tax treatment (a) In general It is the sense of Congress that the production, possession or use of cryptocurrency, whether in trade, commerce or personal non-commercial transfers, should not be disfavored or discouraged by the Federal tax code or other Federal or State statute or regulation. (b) Tax treatment It is the sense of Congress that the current guidance just promulgated and released by the Service in its Notice 2014–21 is advisory, subject to public comment and not in final form pending the expiration of the comment period. As such, Congress believes that the current guidance is less than optimal for the American people and economy, and directs the Service to issue or revise interim regulations consistent with the following. (c) Treatment as currency It is the sense of Congress that virtual currencies should be treated as currency instead of property in order to foster an equitable tax treatment and prevent a tax treatment that would discourage the use of any cryptocurrency. Tax treatment of cryptocurrency as property does not account for the substantial illiquidity and highly limited acceptance and use of cryptocurrency, and substantially and unfairly discourages taxpayers engaging in a trade or business from using cryptocurrency in commerce. This circumstance is likely to discourage economic activity and stifle innovation and growth. At present, a taxpayer accepting cryptocurrency for goods or services will be taxed on the fair market value of the cryptocurrency despite the fact that exchange rates (from cryptocurrency to conventional currency) are both highly volatile and published or available only on a small number of proto-exchanges in the early stages of development, acceptance and awareness by cryptocurrency users. As a result, current tax treatment will measure income on the basis of an illiquid and likely inaccurate fair market value that exceeds the taxpayer’s true fair market value and hence income, resulting in the risk of a consistent overtaxation or overpayment that will act as a strong deterrent to or penalty for accepting cryptocurrency in payment. Such tax treatment is inconsistent with the tax treatment of secured notes for payment in trade or commerce, which recognizes a discount from the face value of the note due to the illiquid nature of the payment. (Note: See IRS Pub. 525 at 4.) (d) Revenue in trade or business; taxation upon monetizing event It is the sense of Congress that taxpayers accepting cryptocurrency in trade or commerce should be deemed to realize actual income only when cryptocurrency is monetized through conversion or exchange into dollars or any official government currency, and that fair market value should be calculated as net proceeds from the conversion. (Note: This treatment seeks to achieve the most accurate and fair measure of actual income received, as distinguished from theoretical income in the form of cryptocurrency which, until its conversion to dollars, remains under substantial risk of diminution from illiquidity or other conversion risks or inefficiencies. This treatment is consistent with tax treatment of statutory stock options where the taxable event is not the receipt or exercise of the option, but the sale of the underlying stock for proceeds in cash. The goal here is to have income taxed when the income is actual instead of theoretical and subject to substantial if not total risk of loss through liquidity problems, exchange problems or other barriers to monetization.) Accordingly, as it is the further sense of Congress that income on cryptocurrency received in trade or business should be defined as the net proceeds from conversion of the received cryptocurrency into dollars, the Service is hereby directed to revise or issue interim regulations consistent herewith. (e) Revenue from mining or creation of cryptocurrency It is the sense of Congress that the Service’s guidance that taxpayers should have the fair market value of the cryptocurrency they successfully mine or produce included in gross income is inequitable, overstates actual income by overstating fair market value by not accounting for the liquidity risk or the risk that substantial effort may yield no production, and strongly and unfairly penalizes or discourages such income producing efforts and deters economic growth, activity and innovation. Accordingly, as it is the further sense of Congress that mined produced cryptocurrency should be taxed as income only when actual income is realized by a transfer and conversion of proceeds into dollars, the Service is hereby directed to revise or issue interim regulations consistent herewith. 6. Severability If any provision of this title, or any amendment made by this title, or the application of that provision to any person or circumstance, is held by a court of competent jurisdiction to violate any provision of the Constitution of the United States, then the other provisions of that title, and the application of that provision to other persons and circumstances, shall not be affected.	https://www.govinfo.gov/content/pkg/BILLS-113hr5777ih/xml/BILLS-113hr5777ih.xml
113-hr-5778	I 113th CONGRESS 2d Session H. R. 5778 IN THE HOUSE OF REPRESENTATIVES December 1, 2014 Ms. Wilson of Florida introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To support stabilization and lasting peace in northeast Nigeria and areas affected by Boko Haram through development of a regional strategy to support multilateral efforts to successfully protect civilians and eliminate the threat posed by Boko Haram, to support efforts to rescue female students abducted in Nigeria on April 14, 2014, as well as other kidnapping victims of Boko Haram, and to provide funds for humanitarian relief, development programs, transitional justice, and victim support, and for other purposes. 1. Short title This Act may be cited as the Boko Haram Disarmament and Northeast Nigeria Recovery Act of 2014 . 2. Findings Congress makes the following findings: (1) On the night of April 14, 2014, 276 female students, most of them between 15 and 18 years old, were abducted by Boko Haram from the Chibok Government Girls Secondary School, a boarding school located in Borno state in the Federal Republic of Nigeria. (2) All public secondary schools in Borno state were closed in March 2014 because of increasing attacks by Boko Haram that killed hundreds of students, but the schoolgirls returned to school, despite the potential dangers, determined to pursue their education. (3) Boko Haram has claimed responsibility for subsequent kidnappings in the region. (4) Boko Haram leaders have threatened to sell the kidnapped schoolgirls into slavery and according to reports, has previously kept female hostages as slaves and committed sexual violence against them. (5) Boko Haram seems determined to carry out sophisticated and deadly attacks and to expand its area of operation. (6) Boko Haram has targeted schools, mosques, churches, villages, and agricultural centers, as well as government facilities, in hopes of creating an Islamic state in northern Nigeria. (7) There are estimates that Boko Haram has killed more than 4,000 people since 2011, and more than 2,000 people this year alone. (8) There is a possibility that many of the girls may have been taken into neighboring countries. (9) Boko Haram and other terrorist organizations pose a growing threat to United States interests in the region, as well as to broader regional peace and security. (10) In an effort to locate the kidnapped schoolgirls, the United States authorized the deployment of up to 80 military personnel to Chad in order to help with intelligence and surveillance. (11) The United States military have provided training, equipment, and other support for counter-terrorism units in the Sahel region to combat Al Qaeda affiliates and related groups in Africa. (12) Cameroon, Niger, and Chad have deployed troops in an effort to secure their borders against Boko Haram. (13) The United States named several individuals linked to Boko Haram as Specially Designated Global Terrorists in 2012 and designated Boko Haram as a Foreign Terrorist Organization in November 2013. (14) On May 22, 2014, the United Nations Security Council added Boko Haram to the 1267 sanctions list, a list of Al Qaeda-linked terrorist organizations subject to weapons embargoes, travel bans, and asset freezes. (15) The Senate and House have both passed resolutions condemning Boko Haram and the abduction of female students by the group from schools in the northeastern province of Borno in the Federal Republic of Nigeria. 3. Statement of policy It is the policy of the United States to work vigorously for a lasting resolution to the conflict in northeast Nigeria and other Boko Haram-affected areas by— (1) eliminating the threat posed by Boko Haram to civilians and regional stability through political, economic, humanitarian, law enforcement, military, and intelligence support for a comprehensive multilateral effort to protect civilians in affected areas and to defeat and demobilize Boko Haram fighters; (2) supporting efforts to rescue those individuals who have been abducted by Boko Haram; and (3) further supporting comprehensive reconstruction, transitional justice, development and humanitarian programs, and reconciliation efforts. 4. Requirement of a regional strategy for defeating Boko Haram (a) Requirement for strategy Not later than 90 days after the date of the enactment of this Act, the President shall develop and submit to the appropriate committees of Congress a regional strategy to guide United States support for multilateral efforts to protect civilians from attacks by Boko Haram, to eliminate the threat to civilians and regional stability posed by Boko Haram, and to enforce the rule of law and ensure full humanitarian access in areas affected by Boko Haram. (b) Content of strategy The strategy should include the following: (1) A plan to work with Nigeria and other international partners to find Boko Haram’s kidnapping victims and liberate them and a viable plan to protect civilians and eliminate the threat posed by Boko Haram. (2) An interagency framework to plan, coordinate, and execute all diplomatic, economic, intelligence, development, humanitarian, law enforcement, and military elements of United States policy across the region regarding Boko Haram. (3) A framework to evaluate the progress and effectiveness of the United States strategy toward eliminating the threat posed by Boko Haram. (c) Form The strategy under this section shall be submitted in unclassified form, but may include a classified annex. 5. Humanitarian assistance for areas affected by Boko Haram (a) Authority In accordance with section 491 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2292 ) and section 2 of the Migration and Refugee Assistance Act of 1962 ( 22 U.S.C. 2601 ), the President is authorized to provide humanitarian and development assistance to the populations in areas affected by Boko Haram. (b) Availability of amounts (1) In general Amounts equivalent to the funds received by the United States Government pursuant to the final judgment in the case specified in paragraph (2) shall, notwithstanding any other provision of law, be made available to carry out this section. (2) Case The case referred to in paragraph (1) is United States of America v. All Assets Held in Account Number 80020796, in name of Doraville Properties Corporation, at Deutsche Bank International, Limited in Jersey, Channel Islands, and All Interest, Benefits, or Assets Traceable Thereto, et al., Case No. 1:13–cv–01832–JDB (D.D.C.). 6. Assistance for recovery and reconstruction in areas affected by Boko Haram (a) Authority It is the sense of Congress that the President should support efforts by the people of Boko Haram-affected areas and the Governments of Nigeria, Chad, Cameroon, and Niger, as security conditions permit— (1) to assist internally displaced people and returnees in securing durable solutions by spurring economic growth, supporting livelihoods, helping to alleviate poverty, and promoting access to basic services in northeast Nigeria, including education and employment opportunities; (2) to enhance the accountability and administrative competency of state and local governance institutions and public agencies in northeast Nigeria with regard to budget management, provision of public goods and services, and related oversight functions; (3) to provide all children with a quality basic education while ensuring the safety of students and school faculty; (4) to strengthen the operational capacity of the civilian police in Nigeria to enhance public safety, prevent crime and communal and sectarian violence, and deal sensitively with gender-based violence, while strengthening accountability measures to prevent corruption and abuses; and (5) to promote programs to address physical harm and psychosocial trauma, including post-traumatic stress disorder. (b) Future year funding It is the sense of Congress that the Secretary of State and Administrator of the United States Agency for International Development should work with the appropriate committees of Congress to increase assistance in future fiscal years to support activities described in this section if the Government of Nigeria demonstrates a commitment to transparent and accountable reconstruction in Boko Haram-affected areas of Nigeria, specifically by— (1) increasing oversight activities and reporting to ensure funds used to combat Boko Haram are used efficiently and with minimal waste; and (2) committing substantial funds of its own, above and beyond standard budget allocations to state and local governments, for the task of combating Boko Haram and rebuilding those regions affected by Boko Haram attacks. (c) Coordination with other donor nations The United States should work with other donor nations, on a bilateral and multilateral basis, to increase contributions for recovery efforts in northeast Nigeria and other areas affected by Boko Haram, and strengthen accountability mechanisms to ensure the transparent and timely use of those funds. (d) Termination of assistance It is the sense of Congress that the Secretary of State should withhold bilateral assistance to Nigeria for the purposes described under this section if the Secretary determines that the Government of Nigeria is not committed to transparent and accountable reconstruction and reconciliation in the Boko Haram-affected areas of Nigeria. 7. Report (a) Report required Not later than 1 year after the submission of the strategy required under section 4, the Secretary of State shall prepare and submit to the appropriate committees of Congress a report on the progress made toward the implementation of the strategy required under section 4 and a description and evaluation of the assistance provided under this Act toward the policy objectives described in section 3. (b) Contents The report required under section (a) shall include— (1) a description and evaluation of actions taken toward the implementation of the strategy required under section 4; (2) a description of assistance provided under section 5 and section 6; (3) an evaluation of bilateral assistance provided to Nigeria and associated programs in light of stated policy objectives; and (4) a description of amounts of assistance committed, and amounts provided, to Nigeria during the reporting period by the Government of Nigeria, each donor country, and all relevant organizations. 8. Definition In this Act, the term appropriate committees of Congress means— (1) the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives; and (2) the Committee on Appropriations and the Committee on Foreign Relations of the Senate.	https://www.govinfo.gov/content/pkg/BILLS-113hr5778ih/xml/BILLS-113hr5778ih.xml
113-hr-5779	I 113th CONGRESS 2d Session H. R. 5779 IN THE HOUSE OF REPRESENTATIVES December 2, 2014 Mr. Bentivolio (for himself, Mr. Broun of Georgia , and Mr. Stockman ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to provide a deduction for elementary and secondary private school tuition, and for other purposes. 1. Deduction for elementary and secondary private school tuition (a) In general Part VII of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating section 224 as section 225, and by inserting after section 223 the following new section: 224. Elementary and secondary private school tuition (a) Allowance of deduction In the case of an individual, there shall be allowed as a deduction for the taxable year with respect to each dependent for whom the taxpayer is allowed a deduction under section 151 an amount equal to the qualified expenses paid or incurred during the taxable year. (b) Limitation The amount allowed as a deduction under subsection (a) for a taxable year with respect to a dependent shall not exceed $10,000. (c) Qualified expenses For purposes of this section— (1) In general The term qualified expenses means expenses for tuition, fees, books, supplies, and other equipment which are incurred in connection with the enrollment or attendance of an individual as an elementary or secondary school student at a private institutional day or residential school, including a parochial school, or a home school (without regard to whether a home school is treated as a private school or home school under State law), that provides elementary or secondary education, as determined under State law. (2) Special rule for home schooling In the case of a home school, the term qualified expenses does not include tuition. . (b) Deduction allowed above-the-Line Subsection (a) of section 62 of the Internal Revenue Code of 1986 is amended by inserting after paragraph (21) the following new paragraph: (22) Private education deduction The deduction allowed by section 224. . (c) Clerical amendment The table of sections for part VII of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 224 and by inserting the following new items: Sec. 224. Elementary and secondary private school tuition. . (d) Effective date The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2014.	https://www.govinfo.gov/content/pkg/BILLS-113hr5779ih/xml/BILLS-113hr5779ih.xml
113-hr-5780	I 113th CONGRESS 2d Session H. R. 5780 IN THE HOUSE OF REPRESENTATIVES December 2, 2014 Mr. Brady of Texas (for himself, Mr. McDermott , Mr. Camp , Mr. Levin , Mr. Rangel , Mr. Lewis , Mr. Sam Johnson of Texas , Mr. Blumenauer , Mr. Pascrell , Mr. Gerlach , Mr. Boustany , Mr. Buchanan , Mr. Roskam , Mr. Reed , Mrs. Black , Mr. Griffin of Arkansas , Mr. Kelly of Pennsylvania , Mr. Renacci , and Mr. Van Hollen ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to improve the integrity of the Medicare program, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Protecting the Integrity of Medicare 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. Prohibition of inclusion of Social Security account numbers on Medicare cards. Sec. 3. Preventing wrongful Medicare payments for items and services furnished to incarcerated individuals, individuals not lawfully present, and deceased individuals. Sec. 4. Consideration of measures regarding Medicare beneficiary smart cards. Sec. 5. Modifying medicare durable medical equipment face-to-face encounter documentation requirement. Sec. 6. Reducing improper Medicare payments. Sec. 7. Improving senior Medicare patrol and fraud reporting rewards. Sec. 8. Requiring valid prescriber National Provider Identifiers on pharmacy claims. Sec. 9. Option to receive Medicare Summary Notice electronically. Sec. 10. Renewal of MAC contracts. Sec. 11. Study on pathway for incentives to States for State participation in medicaid data match program. Sec. 12. Programs to prevent prescription drug abuse under Medicare part D. Sec. 13. Guidance on application of Common Rule to clinical data registries. Sec. 14. Eliminating certain civil money penalties; gainsharing study and report. Sec. 15. Modification of Medicare home health surety bond condition of participation requirement. Sec. 16. Oversight of Medicare coverage of manual manipulation of the spine to correct subluxation. Sec. 17. Limiting payment amount under Medicare program for vacuum erection systems. Sec. 18. National expansion of prior authorization model for repetitive scheduled non-emergent ambulance transport. Sec. 19. Repealing duplicative Medicare secondary payor provision. Sec. 20. Plan for expanding data in annual CERT report. Sec. 21. Rule of construction. 2. Prohibition of inclusion of Social Security account numbers on Medicare cards (a) In general Section 205(c)(2)(C) of the Social Security Act ( 42 U.S.C. 405(c)(2)(C) ) is amended— (1) by moving clause (x), as added by section 1414(a)(2) of the Patient Protection and Affordable Care Act, 6 ems to the left; (2) by redesignating clause (x), as added by section 2(a)(1) of the Social Security Number Protection Act of 2010, and clause (xi) as clauses (xi) and (xii), respectively; and (3) by adding at the end the following new clause: (xiii) The Secretary of Health and Human Services, in consultation with the Commissioner of Social Security, shall establish cost-effective procedures to ensure that a Social Security account number (or derivative thereof) is not displayed, coded, or embedded on the Medicare card issued to an individual who is entitled to benefits under part A of title XVIII or enrolled under part B of title XVIII and that any other identifier displayed on such card is not identifiable as a Social Security account number (or derivative thereof). . (b) Implementation In implementing clause (xiii) of section 205(c)(2)(C) of the Social Security Act (42 U.S.C. 405(c)(2)(C)), as added by subsection (a)(3), the Secretary of Health and Human Services shall do the following: (1) In general Establish a cost-effective process that involves the least amount of disruption to, as well as necessary assistance for, Medicare beneficiaries and health care providers, such as a process that provides such beneficiaries with access to assistance through a toll-free telephone number and provides outreach to providers. (2) Consideration of Medicare beneficiary identified Consider implementing a process, similar to the process involving Railroad Retirement Board beneficiaries, under which a Medicare beneficiary identifier which is not a Social Security account number (or derivative thereof) is used external to the Department of Health and Human Services and is convertible over to a Social Security account number (or derivative thereof) for use internal to such Department and the Social Security Administration. (c) Funding for implementation For purposes of implementing the provisions of and the amendments made by this section, the Secretary of Health and Human Services shall provide for the following transfers from the Federal Hospital Insurance Trust Fund under section 1817 of the Social Security Act ( 42 U.S.C. 1395i ) and from the Federal Supplementary Medical Insurance Trust Fund established under section 1841 of such Act ( 42 U.S.C. 1395t ), in such proportions as the Secretary determines appropriate: (1) To the Centers for Medicare & Medicaid Program Management Account, transfers of the following amounts: (A) For fiscal year 2015, $65,000,000, to be made available through fiscal year 2018. (B) For each of fiscal years 2016 and 2017, $53,000,000, to be made available through fiscal year 2018. (C) For fiscal year 2018, $48,000,000, to be made available until expended. (2) To the Social Security Administration Limitation on Administration Account, transfers of the following amounts: (A) For fiscal year 2015, $27,000,000, to be made available through fiscal year 2018. (B) For each of fiscal years 2016 and 2017, $22,000,000, to be made available through fiscal year 2018. (C) For fiscal year 2018, $27,000,000, to be made available until expended. (3) To the Railroad Retirement Board Limitation on Administration Account, the following amount: (A) For fiscal year 2015, $3,000,000, to be made available until expended. (d) Effective date (1) In general Clause (xiii) of section 205(c)(2)(C) of the Social Security Act ( 42 U.S.C. 405(c)(2)(C) ), as added by subsection (a)(3), shall apply with respect to Medicare cards issued on and after an effective date specified by the Secretary of Health and Human Services, but in no case shall such effective date be later than the date that is four years after the date of the enactment of this Act. (2) Reissuance The Secretary shall provide for the reissuance of Medicare cards that comply with the requirements of such clause not later than four years after the effective date specified by the Secretary under paragraph (1). 3. Preventing wrongful Medicare payments for items and services furnished to incarcerated individuals, individuals not lawfully present, and deceased individuals (a) Requirement for the Secretary To establish policies and claims edits relating to incarcerated individuals, individuals not lawfully present, and deceased individuals Section 1874 of the Social Security Act ( 42 U.S.C. 1395kk ) is amended by adding at the end the following new subsection: (f) Requirement for the Secretary To establish policies and claims edits relating to incarcerated individuals, individuals not lawfully present, and deceased individuals The Secretary shall establish and maintain procedures, including procedures for using claims processing edits, updating eligibility information to improve provider accessibility, and conducting recoupment activities such as through recovery audit contractors, in order to ensure that payment is not made under this title for items and services furnished to an individual who is one of the following: (1) An individual who is incarcerated. (2) An individual who is not lawfully present in the United States and who is not eligible for coverage under this title. (3) A deceased individual. . (b) Report Not later than 18 months after the date of the enactment of this section, and periodically thereafter as determined necessary by the Office of Inspector General of the Department of Health and Human Services, such Office shall submit to Congress a report on the activities described in subsection (f) of section 1874 of the Social Security Act ( 42 U.S.C. 1395kk ), as added by subparagraph (a), that have been conducted since such date of enactment. 4. Consideration of measures regarding Medicare beneficiary smart cards To the extent the Secretary of Health and Human Services determines that it is cost effective and technologically viable to use electronic Medicare beneficiary and provider cards (such as cards that use smart card technology, including an embedded and secure integrated circuit chip), as presented in the Government Accountability Office report required by the conference report accompanying the Consolidated Appropriations Act, 2014 (Public Law 113–76), the Secretary shall consider such measures as determined appropriate by the Secretary to implement such use of such cards for beneficiary and provider use under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ). In the case that the Secretary considers measures under the preceding sentence, the Secretary shall submit to the Committees on Ways and Means and on Energy and Commerce of the House of Representatives, and to the Committee on Finance of the Senate, a report outlining the considerations undertaken by the Secretary under such sentence. 5. Modifying medicare durable medical equipment face-to-face encounter documentation requirement (a) In general Section 1834(a)(11)(B)(ii) of the Social Security Act ( 42 U.S.C. 1395m(a)(11)(B)(ii) ) is amended— (1) by striking the physician documenting that ; and (2) by striking has had a face-to-face encounter and inserting documenting such physician, physician assistant, practitioner, or specialist has had a face-to-face encounter . (b) Implementation Notwithstanding any other provision of law, the Secretary of Health and Human Services may implement the amendments made by subsection (a) by program instruction or otherwise. 6. Reducing improper Medicare payments (a) Medicare administrative contractor improper payment outreach and education program (1) In general Section 1874A of the Social Security Act ( 42 U.S.C. 1395kk–1 ) is amended— (A) in subsection (a)(4)— (i) by redesignating subparagraph (G) as subparagraph (H); and (ii) by inserting after subparagraph (F) the following new subparagraph: (G) Improper payment outreach and education program Having in place an improper payment outreach and education program described in subsection (h). ; and (B) by adding at the end the following new subsection: (h) Improper payment outreach and education program (1) In general In order to reduce improper payments under this title, each medicare administrative contractor shall establish and have in place an improper payment outreach and education program under which the contractor, through outreach, education, training, and technical assistance or other activities, shall provide providers of services and suppliers located in the region covered by the contract under this section with the information described in paragraph (2). The activities described in the preceding sentence shall be conducted on a regular basis. (2) Information to be provided through activities The information to be provided under such payment outreach and education program shall include information the Secretary determines to be appropriate which may include the following information: (A) A list of the providers’ or suppliers’ most frequent and expensive payment errors over the last quarter. (B) Specific instructions regarding how to correct or avoid such errors in the future. (C) A notice of new topics that have been approved by the Secretary for audits conducted by recovery audit contractors under section 1893(h). (D) Specific instructions to prevent future issues related to such new audits. (E) Other information determined appropriate by the Secretary. (3) Priority A medicare administrative contractor shall give priority to activities under such program that will reduce improper payments that are one or more of the following: (A) Are for items and services that have the highest rate of improper payment. (B) Are for items and service that have the greatest total dollar amount of improper payments. (C) Are due to clear misapplication or misinterpretation of Medicare policies. (D) Are clearly due to common and inadvertent clerical or administrative errors. (E) Are due to other types of errors that the Secretary determines could be prevented through activities under the program. (4) Information on improper payments from recovery audit contractors (A) In general In order to assist medicare administrative contractors in carrying out improper payment outreach and education programs, the Secretary shall provide each contractor with a complete list of the types of improper payments identified by recovery audit contractors under section 1893(h) with respect to providers of services and suppliers located in the region covered by the contract under this section. Such information shall be provided on a time frame the Secretary determines appropriate which may be on a quarterly basis. (B) Information The information described in subparagraph (A) shall include information such as the following: (i) Providers of services and suppliers that have the highest rate of improper payments. (ii) Providers of services and suppliers that have the greatest total dollar amounts of improper payments. (iii) Items and services furnished in the region that have the highest rates of improper payments. (iv) Items and services furnished in the region that are responsible for the greatest total dollar amount of improper payments. (v) Other information the Secretary determines would assist the contractor in carrying out the program. (5) Communications Communications with providers of services and suppliers under an improper payment outreach and education program are subject to the standards and requirements of subsection (g). . (b) Use of certain funds recovered by RACs Section 1893(h) of the Social Security Act ( 42 U.S.C. 1395ddd(h) ) is amended— (1) in paragraph (2), by inserting or section 1874(h)(6) after paragraph (1)(C) ; and (2) by adding at the end the following new paragraph: (10) Use of certain recovered funds (A) In general After application of paragraph (1)(C), the Secretary shall retain a portion of the amounts recovered by recovery audit contractors for each year under this section which shall be available to the program management account of the Centers for Medicare & Medicaid Services for purposes of, subject to subparagraph (B), carrying out sections 1833(z), 1834(l)(16), and 1874A(a)(4)(G), carrying out section 16(b) of the Protecting the Integrity of Medicare Act of 2014, and implementing strategies (such as claims processing edits) to help reduce the error rate of payments under this title. The amounts retained under the preceding sentence shall not exceed an amount equal to 15 percent of the amounts recovered under this subsection, and shall remain available until expended. (B) Limitation Except for uses that support claims processing (including edits) or system functionality for detecting fraud, amounts retained under subparagraph (A) may not be used for technological-related infrastructure, capital investments, or information systems. (C) No reduction in payments to recovery audit contractors Nothing in subparagraph (A) shall reduce amounts available for payments to recovery audit contractors under this subsection. . 7. Improving senior Medicare patrol and fraud reporting rewards (a) In general The Secretary of Health and Human Services (in this section referred to as the Secretary ) shall develop a plan to revise the incentive program under section 203(b) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1395b–5(b) ) to encourage greater participation by individuals to report fraud and abuse in the Medicare program. Such plan shall include recommendations for— (1) ways to enhance rewards for individuals reporting under the incentive program, including rewards based on information that leads to an administrative action; and (2) extending the incentive program to the Medicaid program. (b) Public Awareness and Education Campaign The plan developed under subsection (a) shall also include recommendations for the use of the Senior Medicare Patrols authorized under section 411 of the Older Americans Act of 1965 ( 42 U.S.C. 3032 ) to conduct a public awareness and education campaign to encourage participation in the revised incentive program under subsection (a). (c) Submission of Plan Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to Congress the plan developed under subsection (a). 8. Requiring valid prescriber National Provider Identifiers on pharmacy claims Section 1860D–4(c) of the Social Security Act ( 42 U.S.C. 1395w–104(c) ) is amended by adding at the end the following new paragraph: (4) Requiring valid prescriber National Provider Identifiers on pharmacy claims (A) In general For plan year 2016 and subsequent plan years, the Secretary shall require a claim for a covered part D drug for a part D eligible individual enrolled in a prescription drug plan under this part or an MA–PD plan under part C to include a prescriber National Provider Identifier that is determined to be valid under the procedures established under subparagraph (B)(i). (B) Procedures (i) Validity of prescriber National Provider Identifiers The Secretary, in consultation with appropriate stakeholders, shall establish procedures for determining the validity of prescriber National Provider Identifiers under subparagraph (A). (ii) Informing beneficiaries of reason for denial The Secretary shall establish procedures to ensure that, in the case that a claim for a covered part D drug of an individual described in subparagaph (A) is denied because the claim does not meet the requirements of this paragraph, the individual is properly informed at the point of service of the reason for the denial. (C) Report Not later than January 1, 2018, the Inspector General of the Department of Health and Human Services shall submit to Congress a report on the effectiveness of the procedures established under subparagraph (B)(i). . 9. Option to receive Medicare Summary Notice electronically (a) In general Section 1806 of the Social Security Act ( 42 U.S.C. 1395b–7 ) is amended by adding at the end the following new subsection: (c) Format of statements from Secretary (1) Electronic option beginning in 2016 Subject to paragraph (2), for statements described in subsection (a) that are furnished for a period in 2016 or a subsequent year, in the case that an individual described in subsection (a) elects, in accordance with such form, manner, and time specified by the Secretary, to receive such statement in an electronic format, such statement shall be furnished to such individual for each period subsequent to such election in such a format and shall not be mailed to the individual. (2) Limitation on revocation option (A) In general Subject to subparagraph (B), the Secretary may determine a maximum number of elections described in paragraph (1) by an individual that may be revoked by the individual. (B) Minimum of one revocation option In no case may the Secretary determine a maximum number under subparagraph (A) that is less than one. (3) Notification The Secretary shall ensure that, in the most cost effective manner and beginning January 1, 2017, a clear notification of the option to elect to receive statements described in subsection (a) in an electronic format is made available, such as through the notices distributed under section 1804, to individuals described in subsection (a). For notices distributed under section 1804 on or after January 1, 2017, the Secretary shall ensure that such notice includes a clear notification of the option to elect to receive statements described in subsection (a) in an electronic format. . (b) Encouraged expansion of electronic statements To the extent to which the Secretary of Health and Human Services determines appropriate, the Secretary shall— (1) apply an option similar to the option described in subsection (c)(1) of section 1806 of the Social Security Act ( 42 U.S.C. 1395b–7 ) (relating to the provision of the Medicare Summary Notice in an electronic format), as added by subsection (a), to other statements and notifications under title XVIII of such Act ( 42 U.S.C. 1395 et seq. ); and (2) provide such Medicare Summary Notice and any such other statements and notifications on a more frequent basis than is otherwise required under such title. 10. Renewal of MAC contracts (a) In general Section 1874A(b)(1)(B) of the Social Security Act ( 42 U.S.C. 1395kk–1(b)(1)(B) ) is amended by striking 5 years and inserting 10 years . (b) Application The amendments made by subsection (a) shall apply to contracts entered into on or after, and to contracts in effect as of, the date of the enactment of this Act. (c) Contractor performance transparency Section 1874A(b)(3)(A) of the Social Security Act ( 42 U.S.C. 1395kk–1(b)(3)(A) ) is amended by adding at the end the following new clause: (iv) Contractor performance transparency To the extent possible without compromising the process for entering into and renewing contracts with medicare administrative contractors under this section, the Secretary shall make available to the public the performance of each medicare administrative contractor with respect to such performance requirements and measurement standards. . 11. Study on pathway for incentives to States for State participation in medicaid data match program Section 1893(g) of the Social Security Act ( 42 U.S.C. 1395ddd(g) ) is amended by adding at the end the following new paragraph: (3) Incentives for States The Secretary shall study and, as appropriate, may specify incentives for States to work with the Secretary for the purposes described in paragraph (1)(A)(ii). The application of the previous sentence may include use of the waiver authority described in paragraph (2). . 12. Programs to prevent prescription drug abuse under Medicare part D (a) Drug management program for at-Risk beneficiaries (1) In general Section 1860D–4(c) of the Social Security Act ( 42 U.S.C. 1395w–10(c) ), as amended by section 8, is further amended by adding at the end the following: (5) Drug management program for at-risk beneficiaries (A) Authority to establish A PDP sponsor may establish a drug management program for at-risk beneficiaries under which, subject to subparagraph (B) , the PDP sponsor may, in the case of an at-risk beneficiary for prescription drug abuse who is an enrollee in a prescription drug plan of such PDP sponsor, limit such beneficiary’s access to coverage for frequently abused drugs under such plan to frequently abused drugs that are prescribed for such beneficiary by a prescriber selected under subparagraph (D), and dispensed for such beneficiary by a pharmacy selected under such subparagraph. (B) Requirement for notices (i) In general A PDP sponsor may not limit the access of an at-risk beneficiary for prescription drug abuse to coverage for frequently abused drugs under a prescription drug plan until such sponsor— (I) provides to the beneficiary an initial notice described in clause (ii) and a second notice described in clause (iii); and (II) verifies with the providers of the beneficiary that the beneficiary is an at-risk beneficiary for prescription drug abuse. (ii) Initial notice An initial notice described in this clause is a notice that provides to the beneficiary— (I) notice that the PDP sponsor has identified the beneficiary as potentially being an at-risk beneficiary for prescription drug abuse; (II) information describing all State and Federal public health resources that are designed to address prescription drug abuse to which the beneficiary has access, including mental health services and other counseling services; (III) notice of, and information about, the right of the beneficiary to appeal such identification under subsection (h) and the option of an automatic escalation to external review; (IV) a request for the beneficiary to submit to the PDP sponsor preferences for which prescribers and pharmacies the beneficiary would prefer the PDP sponsor to select under subparagraph (D) in the case that the beneficiary is identified as an at-risk beneficiary for prescription drug abuse as described in clause (iii)(I); (V) an explanation of the meaning and consequences of the identification of the beneficiary as potentially being an at-risk beneficiary for prescription drug abuse, including an explanation of the drug management program established by the PDP sponsor pursuant to subparagraph (A); (VI) clear instructions that explain how the beneficiary can contact the PDP sponsor in order to submit to the PDP sponsor the preferences described in subclause (IV) and any other communications relating to the drug management program for at-risk beneficiaries established by the PDP sponsor; and (VII) contact information for other organizations that can provide the beneficiary with assistance regarding such drug management program (similar to the information provided by the Secretary in other standardized notices provided to part D eligible individuals enrolled in prescription drug plans under this part). (iii) Second notice A second notice described in this clause is a notice that provides to the beneficiary notice— (I) that the PDP sponsor has identified the beneficiary as an at-risk beneficiary for prescription drug abuse; (II) that such beneficiary is subject to the requirements of the drug management program for at-risk beneficiaries established by such PDP sponsor for such plan; (III) of the prescriber and pharmacy selected for such individual under subparagraph (D) ; (IV) of, and information about, the beneficiary’s right to appeal such identification under subsection (h) and the option of an automatic escalation to external review; (V) that the beneficiary can, in the case that the beneficiary has not previously submitted to the PDP sponsor preferences for which prescribers and pharmacies the beneficiary would prefer the PDP sponsor select under subparagraph (D), submit such preferences to the PDP sponsor; and (VI) that includes clear instructions that explain how the beneficiary can contact the PDP sponsor. (iv) Timing of notices (I) In general Subject to subclause (II), a second notice described in clause (iii) shall be provided to the beneficiary on a date that is not less than 60 days after an initial notice described in clause (ii) is provided to the beneficiary. (II) Exception In the case that the PDP sponsor, in conjunction with the Secretary, determines that concerns identified through rulemaking by the Secretary regarding the health or safety of the beneficiary or regarding significant drug diversion activities require the PDP sponsor to provide a second notice described in clause (iii) to the beneficiary on a date that is earlier than the date described in subclause (II), the PDP sponsor may provide such second notice on such earlier date. (C) At-risk beneficiary for prescription drug abuse (i) In general For purposes of this paragraph, the term at-risk beneficiary for prescription drug abuse means a part D eligible individual who is not an exempted individual described in clause (ii) and— (I) who is identified through the use of guidelines developed by the Secretary in consultation with PDP sponsors and other stakeholders described in section 12(f)(2)(A) of the Protecting the Integrity of Medicare Act of 2014; or who is identified [by a PDP sponsor that enrolls such individual in a prescription drug plan?], through the use of guidelines developed by the Secretary in consultation with PDP sponsors and other stakeholders, [as posing a high risk with respect to the abuse of frequently abused prescription drugs?] (II) with respect to whom the PDP sponsor of a prescription drug plan, upon enrolling such individual in such plan, received notice from the Secretary that such individual was identified under this paragraph to be an at-risk beneficiary for prescription drug abuse under the prescription drug plan in which such individual was most recently previously enrolled and such identification has not been terminated under subparagraph (F). (ii) Exempted individual described An exempted individual described in this clause is an individual who— (I) receives hospice care under this title; or (II) the Secretary elects to treat as an exempted individual for purposes of clause (i). (D) Selection of prescribers (i) In general With respect to each at-risk beneficiary for prescription drug abuse enrolled in a prescription drug plan offered by such sponsor, a PDP sponsor shall, based on the preferences submitted to the PDP sponsor by the beneficiary pursuant to clauses (ii)(IV) and (iii)(V) of subparagraph (B), select— (I) one or more individuals who are authorized to prescribe frequently abused drugs (referred to in this paragraph as prescribers ) who may write prescriptions for such drugs for such beneficiary; and (II) one or more pharmacies that may dispense such drugs to such beneficiary. (ii) Reasonable access In making the selection under this subparagraph, a PDP sponsor shall ensure that the beneficiary continues to have reasonable access to drugs described in subparagraph (G), taking into account geographic location, beneficiary preference, affordability, and reasonable travel time. (iii) Beneficiary preferences (I) In general If an at-risk beneficiary for prescription drug abuse submits preferences for which in-network prescribers and pharmacies the beneficiary would prefer the PDP sponsor select in response to a notice under subparagraph (B), the PDP sponsor shall— (aa) review such preferences; (bb) select or change the selection of a prescriber or pharmacy for the beneficiary based on such preferences; and (cc) inform the beneficiary of such selection or change of selection. (II) Exception In the case that the PDP sponsor determines that a change to the selection of a prescriber or pharmacy under item (bb) by the PDP sponsor is contributing or would contribute to prescription drug abuse or drug diversion by the beneficiary, the PDP sponsor may change the selection of a prescriber or pharmacy for the beneficiary without regard to the preferences of the beneficiary described in subclause (I). (iv) Confirmation Before selecting a prescriber or pharmacy under this subparagraph, a PDP sponsor must request and receive confirmation from the prescriber or pharmacy acknowledging and accepting that the beneficiary involved is in the drug management program for at-risk beneficiaries. (E) Terminations and appeals The identification of an individual as an at-risk beneficiary for prescription drug abuse under this paragraph, a coverage determination made under a drug management program for at-risk beneficiaries, and the selection of a prescriber or pharmacy under subparagraph (D) with respect to such individual shall be subject to reconsideration and appeal under subsection (h) and the option of an automatic escalation to external review to the extent provided by the Secretary. (F) Termination of identification (i) In general The Secretary shall develop standards for the termination of identification of an individual as an at-risk beneficiary for prescription drug abuse under this paragraph. Under such standards such identification shall terminate as of the earlier of— (I) the date the individual demonstrates that the individual is no longer likely, in the absence of the restrictions under this paragraph, to be an at-risk beneficiary for prescription drug abuse described in subparagraph (C)(i); or (II) the end of such maximum period of identification as the Secretary may specify. (ii) Rule of construction Nothing in clause (i) shall be construed as preventing a plan from identifying an individual as an at-risk beneficiary for prescription drug abuse under subparagraph (C)(i) after such termination on the basis of additional information on drug use occurring after the date of notice of such termination. (G) Frequently abused drug For purposes of this subsection, the term frequently abused drug means a drug that is determined by the Secretary to be frequently abused or diverted and that is— (i) a Controlled Drug Substance in Schedule CII–CIV; (ii) within the same class or category of drugs as a Controlled Drug Substance in Schedule CII–CIV; or (iii) within another class or category of drugs that the Secretary determines, in consultation with the Inspector General of the Department of Health and Human Services, is at high risk for diversion or abuse. (H) Data disclosure In the case of an at-risk beneficiary for prescription drug abuse whose access to coverage for frequently abused drugs under a prescription drug plan has been limited by a PDP sponsor under this paragraph, such PDP sponsor shall disclose data, including any necessary individually identifiable health information, in a form and manner specified by the Secretary, about the decision to impose such limitations and the limitations imposed by the sponsor under this part. (I) Education The Secretary shall provide education to enrollees in prescription drug plans of PDP sponsors and providers regarding the drug management program for at-risk beneficiaries described in this paragraph, including education— (i) provided by medicare administrative contractors through the improper payment outreach and education program described in section 1874A(h); and (ii) through current education efforts (such as State health insurance assistance programs described in subsection (a)(1)(A) of section 119 of the Medicare Improvements for Patients and Providers Act of 2008 ( 42 U.S.C. 1395b–3 note)) and materials directed toward such enrollees. . (2) Information for consumers Section 1860D–4(a)(1)(B) of the Social Security Act ( 42 U.S.C. 1395w–104(a)(1)(B) ) is amended by adding at the end the following: (v) The drug management program for at-risk beneficiaries under subsection (c)(5). . (b) Utilization management programs Section 1860D–4(c) of the Social Security Act ( 42 U.S.C. 1395w–104(c) ), as amended by subsection (a) and section 8, is further amended— (1) in paragraph (1), by inserting after subparagraph (D) the following new subparagraph: (E) A utilization management tool to prevent drug abuse (as described in paragraph (6)(A)). ; and (2) by adding at the end the following new paragraph: (6) Utilization management tool to prevent drug abuse (A) In general A tool described in this paragraph is any of the following: (i) A utilization tool designed to prevent the abuse of frequently abused drugs by individuals and to prevent the diversion of such drugs at pharmacies. (ii) Retrospective utilization review to identify— (I) individuals that receive frequently abused drugs at a frequency or in amounts that are not clinically appropriate; and (II) providers of services or suppliers that may facilitate the abuse or diversion of frequently abused drugs by beneficiaries. (iii) Consultation with the Contractor described in subparagraph (B) to verify if an individual enrolling in a prescription drug plan offered by a PDP sponsor has been previously identified by another PDP sponsor as an individual described in clause (ii)(I). (B) Reporting A PDP sponsor offering a prescription drug plan in a State shall submit to the Secretary and the Medicare drug integrity contractor with which the Secretary has entered into a contract under section 1893 with respect to such State a report, on a monthly basis, containing information on— (i) any provider of services or supplier described in subparagraph (A)(ii)(II) that is identified by such plan sponsor during the 30-day period before such report is submitted; and (ii) the name and prescription records of individuals described in paragraph (5)(C). . (c) Expanding Activities of Medicare Drug Integrity Contractors (MEDICs) Section 1893 of the Social Security Act ( 42 U.S.C. 1395ddd ) is amended by adding at the end the following new subsection: (j) Expanding Activities of Medicare Drug Integrity Contractors (MEDICs) (1) Access to information Under contracts entered into under this section with Medicare drug integrity contractors, the Secretary shall authorize such contractors to directly accept prescription and necessary medical records from entities such as pharmacies, prescription drug plans, and physicians with respect to an individual in order for such contractors to provide information relevant to the determination of whether such individual is an at-risk beneficiary for prescription drug abuse, as defined in section 1860D–4(c)(5)(C). (2) Requirement for acknowledgment of referrals If a PDP sponsor refers information to a contractor described in paragraph (1) in order for such contractor to assist in the determination described in such paragraph, the contractor shall— (A) acknowledge to the PDP sponsor receipt of the referral; and (B) in the case that any PDP sponsor contacts the contractor requesting to know the determination by the contractor of whether or not an individual has been determined to be an individual described such paragraph, shall inform such PDP sponsor of such determination on a date that is not later than 15 days after the date on which the PDP sponsor contacts the contractor. (3) Making data available to other entitiessect (A) In general For purposes of carrying out this subsection, subject to subparagraph (B), the Secretary shall authorize MEDICs to respond to requests for information from PDP sponsors, State prescription drug monitoring programs, and other entities delegated by PDP sponsors using available programs and systems in the effort to prevent fraud, waste, and abuse. (B) HIPAA compliant information only Information may only be disclosed by a MEDIC under subparagraph (A) if the disclosure of such information is permitted under the Federal regulations (concerning the privacy of individually identifiable health information) promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 note). . (d) Treatment of certain complaints for purposes of quality or performance assessment Section 1860D–42 of the Social Security Act ( 42 U.S.C. 1395w–152 ) is amended by adding at the end the following new subsection: The star ratings system in 1853(o)(4)(A) is in part C; PDP sponsors are in part D. Do these somehow overlap? (d) Treatment of certain complaints for purposes of quality or performance assessment In conducting a quality or performance assessment of a PDP sponsor, the Secretary shall develop or utilize existing screening methods for reviewing and considering complaints that are received from enrollees in a prescription drug plan offered by such PDP sponsor and that are complaints regarding the lack of access by the individual to prescription drugs due to a drug management program for at-risk beneficiaries. . (e) GAO studies and reports (1) Studies The Comptroller General of the United States shall conduct a study on each of the following: (A) The implementation of the amendments made by this section. (B) The effectiveness of the at-risk beneficiaries for prescription drug abuse drug management programs authorized by section 1860D–4(c)(5) of the Social Security Act (42 U.S.C. 1395w–10(c)(5)), as added by subsection (a)(1), including an analysis of— (i) the impediments, if any, that impair the ability of individuals described in subparagraph (C) of such section 1860D–4(c)(5) to access clinically appropriate levels of prescription drugs; and (ii) the types of— (I) individuals who, in the implementation of such section, are determined to be individuals described in such subparagraph; and (II) prescribers and pharmacies that are selected under subparagraph (D) of such section. (2) Reports Not later than January 1, 2016, the Comptroller General of the United States shall begin work, with respect to each study described in paragraph (1), on a report that describes the result of such study. Upon the completion of each such report, such Comptroller General shall submit the report to each of the committees described in paragraph (3). (3) Committees described The committees described in this paragraph are the following: (A) The Committee on Ways and Means of the House of Representatives. (B) The Committee on Energy and Commerce of the House of Representatives. (C) The Committee on Finance of the Senate. (D) The Committee on Health, Education, Labor, and Pensions of the Senate. (E) The Special Committee on Aging of the Senate. (f) Effective date (1) In general The amendments made by this section shall apply to prescription drug plans for plan years beginning on or after January 1, 2017. (2) Stakeholder meetings prior to effective date (A) In general Not later than January 1, 2016, the Secretary shall convene stakeholders, including individuals entitled to benefits under part A of title XVIII of the Social Security Act or enrolled under part B of such title of such Act, advocacy groups representing such individuals, clinicians, plan sponsors, and entities delegated by plan sponsors, for input regarding the topics described in subparagraph (B). (B) Topics described The topics described in this subparagraph are the topics of— (i) ensuring affordability and accessibility to prescription drugs for enrollees in prescription drug plans of PDP sponsors who are at-risk beneficiaries for prescription drug abuse (as defined in paragraph (5)(C) of section 1860D–4(c) of the Social Security Act ( 42 U.S.C. 1395w–10(c) )); (ii) the use of an expedited appeals process under which such an enrollee may appeal an identification of such enrollee as an at-risk beneficiary for prescription drug abuse under such paragraph (similar to the processes established under the Medicare Advantage program under part C of title XVIII of the Social Security Act that allow an automatic escalation to external review of claims submitted under such part); (iii) the types of enrollees that should be treated as exempted individuals, as described in clause (ii) of such paragraph; (iv) the manner in which terms and definitions in paragraph (5) of such section 1860D–4(c) should be applied, such as the use of clinical appropriateness in determining whether an enrollee is an at-risk beneficiary for prescription drug abuse as defined in subparagraph (C) of such paragraph (5); (v) the information to be included in the notices described in subparagraph (B) of such section and the standardization of such notices; and (vi) with respect to a PDP sponsor that establishes a drug management program for at-risk beneficiaries under such paragraph (5), the responsibilities of such PDP sponsor with respect to the implementation of such program. (C) Rulemaking The Secretary shall promulgate regulations based on the input gathered pursuant to subparagraph (A). 13. Guidance on application of Common Rule to clinical data registries Not later than one year after the date of the enactment of this section, the Secretary of Health and Human Services shall issue a clarification or modification with respect to the application of subpart A of part 46 of title 45, Code of Federal Regulations, governing the protection of human subjects in research (and commonly known as the Common Rule ), to activities, including quality improvement activities, involving clinical data registries, including entities that are qualified clinical data registries pursuant to section 1848(m)(3)(E) of the Social Security Act (42 U.S.C. 1395w–4(m)(3)(E)). 14. Eliminating certain civil money penalties; gainsharing study and report (a) Eliminating civil money penalties for inducements to physicians To limit services that are not medically necessary (1) In general Section 1128A(b)(1) of the Social Security Act (42 U.S.C. 1320a–7a(b)(1)) is amended by inserting medically necessary after reduce or limit . (2) Effective date The amendment made by paragraph (1) shall apply to payments made on or after the date of the enactment of this Act. (b) Gainsharing study and report Not later than 12 months after the date of the enactment of this Act, the Secretary of Health and Human Services, in consultation with the Inspector General of the Department of Health and Human Services, shall submit to Congress a report with options for amending existing fraud and abuse laws in, and regulations related to, titles XI and XVIII of the Social Security Act (42 U.S.C. 301 et seq.), through exceptions, safe harbors, or other narrowly targeted provisions, to permit gainsharing arrangements that otherwise would be subject to the civil money penalties described in paragraphs (1) and (2) of section 1128A(b) of such Act (42 U.S.C. 1320a–7a(b)), or similar arrangements between physicians and hospitals, and that improve care while reducing waste and increasing efficiency. The report shall— (1) consider whether such provisions should apply to ownership interests, compensation arrangements, or other relationships; (2) describe how the recommendations address accountability, transparency, and quality, including how best to limit inducements to stint on care, discharge patients prematurely, or otherwise reduce or limit medically necessary care; and (3) consider whether a portion of any savings generated by such arrangements (as compared to an historical benchmark or other metric specified by the Secretary to determine the impact of delivery and payment system changes under such title XVIII on expenditures made under such title) should accrue to the Medicare program under title XVIII of the Social Security Act. 15. Modification of Medicare home health surety bond condition of participation requirement Section 1861(o)(7) of the Social Security Act ( 42 U.S.C. 1395x(o)(7) ) is amended to read as follows: (7) provides the Secretary with a surety bond— (A) in a form specified by the Secretary and in an amount that is not less than the minimum of $50,000; and (B) that the Secretary determines is commensurate with the volume of payments to the home health agency; and . 16. Oversight of Medicare coverage of manual manipulation of the spine to correct subluxation (a) In general Section 1833 of the Social Security Act ( 42 U.S.C. 1395l ) is amended by adding at the end the following new subsection: (z) Medical review of spinal subluxation services (1) In general The Secretary shall implement a process for the medical review (as described in paragraph (2)) of treatment by a chiropractor described in section 1861(r)(5) by means of manual manipulation of the spine to correct a subluxation (as described in such section) of an individual who is enrolled under this part and apply such process to such services furnished on or after January 1, 2017, focusing on services such as— (A) services furnished by a such a chiropractor whose pattern of billing is aberrant compared to peers; and (B) services furnished by such a chiropractor who, in a prior period, has a services denial percentage in the 85th percentile or greater, taking into consideration the extent that service denials are overturned on appeal. (2) Medical review (A) Prior authorization medical review (i) In general Subject to clause (ii), the Secretary shall use prior authorization medical review for services described in paragraph (1) that are furnished to an individual by a chiropractor described in section 1861(r)(5) that are part of an episode of treatment that includes more than 12 services. For purposes of the preceding sentence, an episode of treatment shall be determined by the underlying cause that justifies the need for services, such as a diagnosis code. (ii) Ending application of prior authorization medical review The Secretary shall end the application of prior authorization medical review under clause (i) to services described in paragraph (1) by such a chiropractor if the Secretary determines that the chiropractor has a low denial rate under such prior authorization medical review. The Secretary may subsequently reapply prior authorization medical review to such chiropractor if the Secretary determines it to be appropriate and the chiropractor has, in the time period subsequent to the determination by the Secretary of a low denial rate with respect to the chiropractor, furnished such services described in paragraph (1). (iii) Early request for prior authorization review permitted Nothing in this subsection shall be construed to prevent such a chiropractor from requesting prior authorization for services described in paragraph (1) that are to be furnished to an individual before the chiropractor furnishes the twelfth such service to such individual for an episode of treatment. (B) Type of review The Secretary may use pre-payment review or post-payment review of services described in section 1861(r)(5) that are not subject to prior authorization medical review under subparagraph (A). (C) Relationship to law enforcement activities The Secretary may determine that medical review under this subsection does not apply in the case where potential fraud may be involved. (3) No payment without prior authorization With respect to a service described in paragraph (1) for which prior authorization medical review under this subsection applies, the following shall apply: (A) Prior authorization determination The Secretary shall make a determination, prior to the service being furnished, of whether the service would or would not meet the applicable requirements of section 1862(a)(1)(A). (B) Denial of payment Subject to paragraph (5), no payment may be made under this part for the service unless the Secretary determines pursuant to subparagraph (A) that the service would meet the applicable requirements of such section 1862(a)(1)(A). (4) Submission of information A chiropractor described in section 1861(r)(5) may submit the information necessary for medical review by fax, by mail, or by electronic means. The Secretary shall make available the electronic means described in the preceding sentence as soon as practicable. (5) Timeliness If the Secretary does not make a prior authorization determination under paragraph (3)(A) within 14 business days of the date of the receipt of medical documentation needed to make such determination, paragraph (3)(B) shall not apply. (6) Application of limitation on beneficiary liability Where payment may not be made as a result of the application of paragraph (2)(B), section 1879 shall apply in the same manner as such section applies to a denial that is made by reason of section 1862(a)(1). (7) Review by contractors The medical review described in paragraph (2) may be conducted by medicare administrative contractors pursuant to section 1874A(a)(4)(G) or by any other contractor determined appropriate by the Secretary that is not a recovery audit contractor. (8) Multiple services The Secretary shall, where practicable, apply the medical review under this subsection in a manner so as to allow an individual described in paragraph (1) to obtain, at a single time rather than on a service-by-service basis, an authorization in accordance with paragraph (3)(A) for multiple services. (9) Construction With respect to a service described in paragraph (1) that has been affirmed by medical review under this subsection, nothing in this subsection shall be construed to preclude the subsequent denial of a claim for such service that does not meet other applicable requirements under this Act. (10) Implementation (A) Authority The Secretary may implement the provisions of this subsection by interim final rule with comment period. (B) Administration Chapter 35 of title 44, United States Code, shall not apply to medical review under this subsection. . (b) Improving documentation of services (1) In general The Secretary of Health and Human Services shall, in consultation with stakeholders (including the American Chiropractic Association) and representatives of medicare administrative contractors (as defined in section 1874A(a)(3)(A) of the Social Security Act ( 42 U.S.C. 1395kk–1(a)(3)(A) )), develop educational and training programs to improve the ability of chiropractors to provide documentation to the Secretary of services described in section 1861(r)(5) in a manner that demonstrates that such services are, in accordance with section 1862(a)(1) of such Act ( 42 U.S.C. 1395y(a)(1) ), reasonable and necessary for the diagnosis or treatment of illness or injury or to improve the functioning of a malformed body member. (2) Timing The Secretary shall make the educational and training programs described in paragraph (1) publicly available not later than January 1, 2016. (3) Funding The Secretary shall use funds made available under section 1893(h)(10) of the Social Security Act ( 42 U.S.C. 1395ddd(h)(10) ), as added by section 6, to carry out this subsection. (c) GAO study and report (1) Study The Comptroller General of the United States shall conduct a study on the effectiveness of the process for medical review of services furnished as part of a treatment by means of manual manipulation of the spine to correct a subluxation implemented under subsection (z) of section 1833 of the Social Security Act ( 42 U.S.C. 1395l ), as added by subsection (a). Such study shall include an analysis of— (A) aggregate data on— (i) the number of individuals, chiropractors, and claims for services subject to such review; and (ii) the number of reviews conducted under such section; and (B) the outcomes of such reviews. (2) Report Not later than four years after the date of enactment of this Act, the Comptroller General shall submit to Congress a report containing the results of the study conducted under paragraph (1), including recommendations for such legislation and administrative action with respect to the process for medical review implemented under subsection (z) of section 1833 of the Social Security Act ( 42 U.S.C. 1395l ) as the Comptroller General determines appropriate. 17. Limiting payment amount under Medicare program for vacuum erection systems (a) Inclusion in Program Section 1847(a)(2) of the Social Security Act ( 42 U.S.C. 1395w–3(a)(2) ) is amended by adding at the end the following new subparagraph: (D) Vacuum erection systems Vacuum erection systems covered as prosthetic devices described in section 1861(s)(8) for which payment would otherwise be made under section 1834(h). . (b) National Mail Order Program Section 1847(a)(1)(D) of the Social Security Act ( 42 U.S.C. 1395w–3(a)(1)(D) ) is amended by adding at the end the following new clause: (iv) National mail order program for vacuum erection systems The Secretary shall phase in a national mail order program under this section for vacuum erection systems described in paragraph (2)(D). The first round of competition for such program shall occur in 2016, with contracts taking effect after the competition is completed. Chapter 35 of title 44, United States Code (commonly referred to as the Paperwork Reduction Act of 1995 ) shall not apply to the first round competition for such program. . 18. National expansion of prior authorization model for repetitive scheduled non-emergent ambulance transport (a) Initial expansion (1) In general In implementing the model described in paragraph (2) proposed to be tested under subsection (b) of section 1115A of the Social Security Act ( 42 U.S.C. 1315a ), the Secretary of Health and Human Services shall revise the testing under subsection (b) of such section to cover, effective January 1, 2016, States located in medicare administrative contractor (MAC) regions L and 11 (consisting of Delaware, the District of Columbia, Maryland, New Jersey, Pennsylvania, North Carolina, South Carolina, West Virginia, and Virginia). (2) Model described The model described in this paragraph is the testing of a model of prior authorization for repetitive scheduled non-emergent ambulance transport proposed to be carried out in New Jersey, Pennsylvania, and South Carolina. (3) Funding The Secretary shall allocate funds made available under section 1115A(f)(1)(B) of the Social Security Act ( 42 U.S.C. 1315a(f)(1)(B) ) to carry out this subsection. (b) National expansion Section 1834(l) of the Social Security Act ( 42 U.S.C. 1395m(l) ) is amended by adding at the end the following new paragraph: (16) Prior authorization for repetitive scheduled non-emergency ambulance transports (A) In general Beginning January 1, 2017, the Secretary shall apply the prior authorization program described in subparagraph (B) to all States. (B) Program described The prior authorization program described in this subparagraph is a prior authorization program for repetitive scheduled ambulance services consisting of non-emergency basic life support services involving transport of an individual furnished other than on an emergency basis. In carrying out the program, the Secretary shall determine in advance of the provision of items and services related to the provision of such an ambulance service whether payment for such items or services may not be made because the item or service is not covered or because of the application of section 1862(a)(1). (C) Implementation The program described in subparagraph (B) shall be implemented in a manner that is consistent with the terms and conditions for the testing of a model of prior authorization for repetitive scheduled non-emergent ambulance transport proposed by the Centers for Medicare & Medicaid Services to be implemented in New Jersey, Pennsylvania, and South Carolina under section 1115A. (D) Funding The Secretary shall use funds made available under section 1893(h)(10) to carry out this paragraph. . 19. Repealing duplicative Medicare secondary payor provision (a) In general Section 1862(b)(5) of the Social Security Act ( 42 U.S.C. 1395y(b)(5) ) is amended by inserting at the end the following new subparagraph: (E) End date The provisions of this paragraph shall not apply to information required to be provided on or after July 1, 2016. . (b) Effective date The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to information required to be provided on or after January 1, 2016. 20. Plan for expanding data in annual CERT report Not later than March 25, 2015, the Secretary of Health and Human Services shall submit to the Committee on Finance of the Senate, and to the Committees on Energy and Commerce and on Ways and Means of the House of Representatives— (1) a plan for including, in the annual report of the Comprehensive Error Rate Testing (CERT) program, data on services (or groupings of services) (other than medical visits) paid under the physician fee schedule under section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 ) where the fee schedule amount is in excess of 250 dollars and where the error rate is in excess of 20 percent; and (2) to the extent practicable by such date, specific examples of services described in paragraph (1). 21. Rule of construction Except as explicitly provided in this Act, nothing in this Act, including the amendments made by this Act, shall be construed as preventing the use of notice and comment rulemaking in the implementation of the provisions of, and the amendments made by, this Act.	https://www.govinfo.gov/content/pkg/BILLS-113hr5780ih/xml/BILLS-113hr5780ih.xml
113-hr-5781	I 113th CONGRESS 2d Session H. R. 5781 IN THE HOUSE OF REPRESENTATIVES AN ACT To provide short-term water supplies to drought-stricken California. 1. Short title; table of contents (a) Short title This Act may be cited as the California Emergency Drought Relief Act of 2014 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Title I—California Emergency Drought Relief Sec. 101. Definitions. Sec. 102. Emergency projects. Sec. 103. Temporary operational flexibility for first few storms of the water year. Sec. 104. Progress report. Sec. 105. Status of surface storage studies. Title II—Protection of Third-Party Water Rights Sec. 201. Offset for State Water Project. Sec. 202. Area of origin protections. Sec. 203. No redirected adverse impacts. Sec. 204. Allocations For Sacramento Valley Contractors. Title III—Miscellaneous Provisions Sec. 301. Effect on existing obligations. Sec. 302. Termination of authorities. I California Emergency Drought Relief 101. Definitions In this title: (1) Central valley project The term Central Valley Project has the meaning given the term in section 3403 of the Central Valley Project Improvement Act (106 Stat. 4707). (2) Delta The term Delta means the Sacramento-San Joaquin Delta and the Suisun Marsh, as defined in sections 12220 and 29101 of the California Public Resources Code. (3) Negative impact on the long-term survival The term negative impact on the long-term survival means to reduce appreciably the likelihood of both the survival and recovery of a listed species in the wild by reducing the reproduction, numbers, or distribution of that species. (4) Salmonid biological opinion The term salmonid biological opinion means the biological opinion issued by the National Marine Fisheries Service on June 4, 2009. (5) Secretaries The term Secretaries means— (A) the Secretary of Commerce; and (B) the Secretary of the Interior. (6) Smelt biological opinion The term smelt biological opinion means the biological opinion on the Long-Term Operational Criteria and Plan for coordination of the Central Valley Project and State Water Project issued by the United States Fish and Wildlife Service on December 15, 2008. (7) State The term State means the State of California. (8) State water project The term State Water Project means the water project described by California Water Code section 11550 et seq. and operated by the California Department of Water Resources. 102. Emergency projects (a) In general Subject to the priority of individuals or entities, including those with Sacramento River Settlement Contracts, that have priority to the diversion and use of water over water rights held by the United States for operations of the Central Valley Project and over rights held by the State for operations of the State Water Project and the United States obligation to make a substitute supply of water available to the San Joaquin River Exchange Contractors, the Secretaries shall direct the operations of the Central Valley Project and allow the State Water Project to provide the maximum quantity of water supplies possible to Central Valley Project agricultural, municipal and industrial, and refuge service and repayment contractors, and State Water Project contractors, by approving, consistent with applicable laws (including regulations)— (1) any project or operations to provide additional water supplies if there is any possible way whatsoever that the Secretaries can do so unless the project or operations constitute a highly inefficient way of providing additional water supplies; and (2) any projects or operations as quickly as possible based on available information to address the emergency conditions. (b) Mandate In carrying out subsection (a), the applicable Secretary shall— (1) authorize and implement actions to ensure that the Delta Cross Channel Gates remain open to the maximum extent practicable using findings from the United States Geological Survey on diurnal behavior of juvenile salmonids, timed to maximize the peak flood tide period and provide water supply and water quality benefits, consistent with operational criteria and monitoring set forth in the California State Water Resources Control Board’s Order Approving a Temporary Urgency Change in License and Permit Terms in Response to Drought Conditions, effective January 31, 2014, or a successor order; (2) (A) implement turbidity control strategies that allow for increased water deliveries for the Central Valley Project and State Water Project while avoiding a negative impact on the long-term survival delta smelt (Hypomesus transpacificus) due to entrainment at Central Valley Project and State Water Project pumping plants; (B) operating within the ranges provided for in the smelt biological opinion and the salmonid biological opinion to minimize water supply reductions for the Central Valley Project and the State Water Project, manage reverse flow in Old and Middle Rivers at -5000 cubic feet per second (cfs) unless current scientific data indicate a less negative Old and Middle River flow is necessary to avoid a negative impact on the long-term survival of the listed species; and (C) show in writing that any determination to manage OMR reverse flow at rates less negative than -5000 cubic feet per second is necessary to avoid a significant negative impact on the long-term survival of the Delta smelt, including an explanation of the data examined and the connection between those data and the choice made prior to reducing pumping to a rate less negative than -5000 cfs; (3) adopt a 1:1 inflow to export ratio for the increment of increased flow of the San Joaquin River, as measured as a 3-day running average at Vernalis during the period from April 1 through May 31, resulting from voluntary sale, transfers, or exchanges of water from agencies with rights to divert water from the San Joaquin River or its tributaries on the condition that a proposed sale, transfer, or exchange under this paragraph may only proceed if the Secretary of the Interior determines that the environmental effects of the proposed sale, transfer, or exchange are consistent with effects permissible under applicable law (including regulations), and provided that Delta conditions are suitable to allow movement of the acquired, transferred, or exchanged water through the Delta consistent with the Central Valley Project’s and the State Water Project’s permitted water rights; (4) issue all necessary permit decisions under the authority of the Secretaries within 30 days of receiving a completed application by the State to place and use temporary barriers or operable gates in Delta channels to improve water quantity and quality for Central Valley Project and State Water Project contractors and other water users, which barriers or gates should provide benefits for species protection and in-Delta water user water quality and shall be designed such that formal consultations under section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 ) would not be necessary; (5) (A) complete all requirements under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) necessary to make final permit decisions on water transfer requests associated with voluntarily fallowing nonpermanent crops in the State, within 30 days of receiving such a request; and (B) allow any water transfer request associated with fallowing to maximize the quantity of water supplies available for nonhabitat uses as long as the fallowing and associated water transfer are in compliance with applicable Federal laws (including regulations); (6) allow any North of Delta agricultural water service contractor with unused Central Valley Project water to take delivery of such unused water through April 15, of the contract year immediately following the contract year in which such water was allocated, if— (A) the contractor requests the extension; and (B) the requesting contractor certifies that, without the extension, the contractor would have insufficient supplies to adequately meet water delivery obligations; (7) to the maximum extent possible based on the availability and quality of groundwater and without causing land subsidence— (A) meet the Level 2 and Level 4 water supply needs of units of the National Wildlife Refuge System in the Central Valley of California, the Gray Lodge, Los Banos, Volta, North Grasslands, and Mendota State wildlife management areas, and the Grasslands Resources Conservation District in the Central Valley of California through the improvement or installation of wells to use groundwater resources and the purchase of water from willing sellers; and (B) make a quantity of Central Valley Project water obtained from the measures implemented under subparagraph (A) available to Central Valley Project water service contractors; and (8) implement instream and offsite projects in the Delta and upstream in the Sacramento River and San Joaquin basins, in coordination with the California Department of Water Resources and the California Department of Fish and Wildlife, that offset the effects on species listed as threatened or endangered under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) due to actions taken under this Act. (c) Other agencies To the extent that a Federal agency other than agencies headed by the Secretaries has a role in approving projects described in subsections (a) and (b), the provisions of this section shall apply to those Federal agencies. (d) Accelerated project decision and elevation (1) In general Upon the request of the State, the heads of Federal agencies shall use the expedited procedures under this subsection to make final decisions relating to a Federal project or operation to provide additional water supplies or address emergency drought conditions pursuant to subsections (a) and (b). (2) Request for resolution (A) In general Upon the request of the State, the head of an agency referred to in subsection (a), or the head of another Federal agency responsible for carrying out a review of a project, as applicable, the Secretary of the Interior shall convene a final project decision meeting with the heads of all relevant Federal agencies to decide whether to approve a project to provide emergency water supplies. (B) Meeting The Secretary of the Interior shall convene a meeting requested under subparagraph (A) not later than 7 days after receiving the meeting request. (3) Notification Upon receipt of a request for a meeting under this subsection, the Secretary of the Interior shall notify the heads of all relevant Federal agencies of the request, including the project to be reviewed and the date for the meeting. (4) Decision Not later than 10 days after the date on which a meeting is requested under paragraph (2), the head of the relevant Federal agency shall issue a final decision on the project in writing. (5) Meeting convened by secretary The Secretary of the Interior may convene a final project decision meeting under this subsection at any time, at the discretion of the Secretary, regardless of whether a meeting is requested under paragraph (2). 103. Temporary operational flexibility for first few storms of the water year (a) In general Consistent with avoiding a negative impact on the long-term survival in the short-term upon listed fish species beyond the range of those authorized under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) and other environmental protections under subsection (d), the Secretaries shall authorize the Central Valley Project and the State Water Project, combined, to operate at levels that result in negative Old and Middle River flows at -7500 cubic feet per second (based on United States Geological Survey gauges on Old and Middle Rivers) daily average for 28 cumulative days after October 1, as described in subsection (b). (b) Days of temporary operational flexibility The temporary operational flexibility described in subsection (a) shall be authorized on days that the California Department of Water Resources determines the daily average river flow of the Sacramento River is at, or above, 17,000 cubic feet per second as measured at the Sacramento River at Freeport gauge maintained by the United States Geologic Survey. (c) Compliance with ESA authorizations In carrying out this section, the Secretaries may continue to impose any requirements under the smelt and salmonid biological opinions during any period of temporary operational flexibility as they determine are reasonably necessary to avoid additional negative impacts on the long-term survival of a listed fish species beyond the range of those authorized under the Endangered Species Act of 1973. (d) Other environmental protections (1) The Secretaries’ actions under this section shall be consistent with applicable regulatory requirements under state law, including State Water Resources Control Board Decision 1641, as it may be implemented in any given year. (2) During the first flush of sediment out of the Delta in each water year, and provided that such determination is based upon objective evidence, OMR flow may be managed at rates less negative than -5000 cubic feet per second for a minimum duration to avoid movement of adult Delta smelt (Hypomesus transpacificus) to areas in the southern Delta that would be likely to increase entrainment at Central Valley Project and State Water Project pumping plants. (3) This section shall not affect the application of the salmonid biological opinion from April 1 to May 31, unless the Secretary of Commerce finds that some or all of such applicable requirements may be adjusted during this time period to provide emergency water supply relief without resulting in additional adverse effects beyond those authorized under the Endangered Species Act of 1973. In addition to any other actions to benefit water supply, the Secretary and the Secretary of Commerce shall consider allowing through-Delta water transfers to occur during this period. (4) During operations under this section, the Secretary of the Interior, in coordination with the Fish and Wildlife Service, National Marine Fisheries Service, and California Department of Fish and Wildlife, shall undertake a monitoring program and other data gathering to ensure incidental take levels are not exceeded, and to identify potential negative impacts and actions, if any, necessary to mitigate impacts of the temporary operational flexibility to species listed under the Endangered Species Act of 1973. (e) Technical adjustments to target period If, before temporary operational flexibility has been implemented on 28 cumulative days, the Secretaries operate the Central Valley Project and the State Water Project combined at levels that result in Old and Middle River flows less negative than -7500 cubic feet per second during days of temporary operational flexibility as defined in subsection (b), the duration of such operation shall not be counted toward the 28 cumulative days specified in subsection (a). (f) Emergency consultation; effect on running averages (1) If necessary to implement the provisions of this section, the Secretary of the Interior shall use the emergency consultation procedures under the Endangered Species Act of 1973 and its implementing regulation at section 402.05, title 50, Code of Federal Regulations, to temporarily adjust the operating criteria under the biological opinions, solely for the 28 cumulative days of temporary operational flexibility— (A) no more than necessary to achieve the purposes of this section consistent with the environmental protections in subsections (c) and (d); and (B) including, as appropriate, adjustments to ensure that the actual flow rates during the periods of temporary operational flexibility do not count toward the 5-day and 14-day running averages of tidally filtered daily Old and Middle River flow requirements under the biological opinions. (2) At the conclusion of the 28 cumulative days of temporary operational flexibility, the Secretary of the Interior shall not reinitiate consultation on these adjusted operations, and no mitigation shall be required, if the effects on listed fish species of these operations under this section remain within the range of those authorized under the Endangered Species Act. If the Secretary of the Interior reinitiates consultation, no mitigation measures shall be required. (g) Level of detail required for analysis In articulating the determinations required under this section, the Secretaries shall fully satisfy the requirements herein but shall not be expected to provide a greater level of supporting detail for the analysis than feasible to provide within the short time frame permitted for timely decision-making in response to changing conditions in the Delta. 104. Progress report Ninety days after the date of the enactment of this Act and every 90 days thereafter, the Secretaries shall provide a progress report describing the implementation of sections 101, 102, and 103 to the Committee on Natural Resources in the House of Representatives and the Committee on Energy and Natural Resources in the Senate. 105. Status of surface storage studies One year after the date of the enactment of this Act, the Secretary of the Interior shall provide a progress report on the status of feasibility studies undertaken pursuant to section 103(d)(1) to the Committee on Natural Resources in the House of Representatives and the Committee on Energy and Natural Resources in the Senate. The report shall include timelines for study completion, draft environmental impact statements, final environmental impact statements, and Records of Decision. II Protection of Third-Party Water Rights 201. Offset for State Water Project (a) Implementation impacts The Secretary of the Interior shall confer with the California Department of Fish and Wildlife in connection with the implementation of this Act on potential impacts to any consistency determination for operations of the State Water Project issued pursuant to California Fish and Game Code section 2080.1. (b) Additional yield If, as a result of the application of this Act, the California Department of Fish and Wildlife— (1) revokes the consistency determinations pursuant to California Fish and Game Code section 2080.1 that are applicable to the State Water Project; (2) amends or issues one or more new consistency determinations pursuant to California Fish and Game Code section 2080.1 in a manner that directly or indirectly results in reduced water supply to the State Water Project as compared with the water supply available under the smelt biological opinion and the salmonid biological opinion; or (3) requires take authorization under section 2081 for operation of the State Water Project in a manner that directly or indirectly results in reduced water supply to the State Water Project as compared with the water supply available under the smelt biological opinion and the salmonid biological opinion, and as a consequence of the Department’s action, Central Valley Project yield is greater than it would have been absent the Department’s actions, then that additional yield shall be made available to the State Water Project for delivery to State Water Project contractors to offset losses resulting from the Department’s action. (c) Notification related to environmental protections The Secretary of the Interior shall immediately notify the Director of the California Department of Fish and Wildlife in writing if the Secretary of the Interior determines that implementation of the smelt biological opinion and the salmonid biological opinion consistent with this Act reduces environmental protections for any species covered by the opinions. 202. Area of origin protections (a) In general The Secretary of the Interior is directed, in the operation of the Central Valley Project, to adhere to California’s water rights laws governing water rights priorities and to honor water rights senior to those held by the United States for operation of the Central Valley Project, regardless of the source of priority, including any appropriative water rights initiated prior to December 19, 1914, as well as water rights and other priorities perfected or to be perfected pursuant to California Water Code Part 2 of Division 2. Article 1.7 (commencing with section 1215 of chapter 1 of part 2 of division 2, sections 10505, 10505.5, 11128, 11460, 11461, 11462, and 11463, and sections 12200 to 12220, inclusive). (b) Diversions Any action undertaken by the Secretaries pursuant to both this Act and section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) that requires that diversions from the Sacramento River or the San Joaquin River watersheds upstream of the Delta be bypassed shall not be undertaken in a manner that alters the water rights priorities established by California law. (c) Endangered Species Act Nothing in this title alters the existing authorities provided to and obligations placed upon the Federal Government under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ), as amended. (d) Contracts With respect to individuals and entities with water rights on the Sacramento River, the mandates of this section may be met, in whole or in part, through a contract with the Secretary executed pursuant to section 14 of Public Law 76–260 ; 53 Stat. 1187 ( 43 U.S.C. 389 ) that is in conformance with the Sacramento River Settlement Contracts renewed by the Secretary in 2005. 203. No redirected adverse impacts (a) In general The Secretary of the Interior shall ensure that, except as otherwise provided for in a water service or repayment contract, actions taken in compliance with legal obligations imposed pursuant to or as a result of this Act, including such actions under section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ) and other applicable Federal and State laws, shall not directly or indirectly— (1) result in the involuntary reduction of water supply or fiscal impacts to individuals or districts who receive water from either the State Water Project or the United States under water rights settlement contracts, exchange contracts, water service contracts, repayment contracts, or water supply contracts; or (2) cause redirected adverse water supply or fiscal impacts to those within the Sacramento River watershed, the San Joaquin River watershed or the State Water Project service area. (b) Costs To the extent that costs are incurred solely pursuant to or as a result of this Act and would not otherwise have been incurred by any entity or public or local agency or subdivision of the State of California, such costs shall not be borne by any such entity, agency, or subdivision of the State of California, unless such costs are incurred on a voluntary basis. (c) Rights and obligations not modified or amended Nothing in this Act shall modify or amend the rights and obligations of the parties to any existing— (1) water service, repayment, settlement, purchase, or exchange contract with the United States, including the obligation to satisfy exchange contracts and settlement contracts prior to the allocation of any other Central Valley Project water; or (2) State Water Project water supply or settlement contract with the State. 204. Allocations For Sacramento Valley Contractors (a) Allocations (1) In general Subject to paragraph (2) and subsection (b), the Secretary of the Interior is directed, in the operation of the Central Valley Project, to allocate water provided for irrigation purposes to existing Central Valley Project agricultural water service contractors within the Sacramento River Watershed in compliance with the following: (A) Not less than 100 percent of their contract quantities in a Wet year. (B) Not less than 100 percent of their contract quantities in an Above Normal year. (C) Not less than 100 percent of their contract quantities in a Below Normal year that is preceded by an Above Normal or a Wet year. (D) Not less than 50 percent of their contract quantities in a Dry year that is preceded by a Below Normal, an Above Normal, or a Wet year. (E) In all other years not identified herein, the allocation percentage for existing Central Valley Project agricultural water service contractors within the Sacramento River Watershed shall not be less than twice the allocation percentage to south-of-Delta Central Valley Project agricultural water service contractors, up to 100 percent; provided, that nothing herein shall preclude an allocation to existing Central Valley Project agricultural water service contractors within the Sacramento River Watershed that is greater than twice the allocation percentage to South-of-Delta Central Valley Project agricultural water service contractors. (2) Conditions The Secretary’s actions under paragraph (a) shall be subject to— (A) the priority of individuals or entities with Sacramento River water rights, including those with Sacramento River Settlement Contracts, that have priority to the diversion and use of Sacramento River water over water rights held by the United States for operations of the Central Valley Project; (B) the United States obligation to make a substitute supply of water available to the San Joaquin River Exchange Contractors; and (C) the Secretary’s obligation to make water available to managed wetlands pursuant to section 3406(d) of the Central Valley Project Improvement Act ( Public Law 102–575 ). (b) Protection of municipal and industrial supplies Nothing in subsection (a) shall be deemed to— (1) modify any provision of a water service contract that addresses municipal and industrial water shortage policies of the Secretary; (2) affect or limit the authority of the Secretary to adopt or modify municipal and industrial water shortage policies; (3) affect or limit the authority of the Secretary to implement municipal and industrial water shortage policies; or (4) affect allocations to Central Valley Project municipal and industrial contractors pursuant to such policies. Neither subsection (a) nor the Secretary’s implementation of subsection (a) shall constrain, govern or affect, directly or indirectly, the operations of the Central Valley Project’s American River Division or any deliveries from that Division, its units or its facilities. (c) No effect on allocations This section shall not— (1) affect the allocation of water to Friant Division contractors; or (2) result in the involuntary reduction in contract water allocations to individuals or entities with contracts to receive water from the Friant Division. (d) Program for water rescheduling The Secretary of the Interior shall develop and implement a program, not later than 1 year after the date of the enactment of this Act, to provide for the opportunity for existing Central Valley Project agricultural water service contractors within the Sacramento River Watershed to reschedule water, provided for under their Central Valley Project water service contracts, from one year to the next. (e) Definitions In this section: (1) The term existing Central Valley Project agricultural water service contractors within the Sacramento River Watershed means water service contractors within the Shasta, Trinity, and Sacramento River Divisions of the Central Valley Project, that have a water service contract in effect, on the date of the enactment of this section, that provides water for irrigation. (2) The year type terms used in subsection (a) have the meaning given those year types in the Sacramento Valley Water Year Type (40–30–30) Index. III Miscellaneous Provisions 301. Effect on existing obligations Nothing in this Act preempts or modifies any existing obligation of the United States under Federal reclamation law to operate the Central Valley Project in conformity with State law, including established water rights priorities. 302. Termination of authorities This Act shall expire on September 30, 2016, or the date on which the Governor of the State suspends the state of drought emergency declaration, whichever is later. Passed the House of Representatives December 9, 2014. Karen L. Haas, Clerk.	https://www.govinfo.gov/content/pkg/BILLS-113hr5781eh/xml/BILLS-113hr5781eh.xml
113-hr-5782	I 113th CONGRESS 2d Session H. R. 5782 IN THE HOUSE OF REPRESENTATIVES December 2, 2014 Ms. Kaptur (for herself, Mr. Frelinghuysen , Mr. Gerlach , Mr. Levin , Mr. Quigley , Mr. Stockman , Mr. Connolly , Mr. Pascrell , Mr. Engel , Mr. Keating , and Mr. Moran ) 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 , 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 impose sanctions with respect to the Russian Federation, to provide additional assistance to Ukraine, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Ukraine Freedom Support 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. Definitions. Sec. 3. Statement of policy regarding Ukraine. Sec. 4. Sanctions relating to the defense and energy sectors of the Russian Federation. Sec. 5. Sanctions on Russian and other foreign financial institutions. Sec. 6. Major non-NATO ally status for Ukraine, Georgia, and Moldova. Sec. 7. Increased military assistance for the Government of Ukraine. Sec. 8. Expanded nonmilitary assistance for Ukraine. Sec. 9. Expanded broadcasting in countries of the former Soviet Union. Sec. 10. Support for Russian democracy and civil society organizations. Sec. 11. Report on non-compliance by the Russian Federation of its obligations under the INF Treaty. Sec. 12. Rule of construction. 2. Definitions In this Act: (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) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives. (3) Defense article; defense service; training 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 ). (4) 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. (5) Foreign financial institution The term foreign financial institution has the meaning given that term in section 561.308 of title 31, Code of Federal Regulations (or any corresponding similar regulation or ruling). (6) Foreign person The term foreign person means any individual or entity that is not a United States citizen, a permanent resident alien, or an entity organized under the laws of the United States or any jurisdiction within the United States. (7) Knowingly The term knowingly , with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. (8) Russian person The term Russian person means— (A) an individual who is a citizen or national of the Russian Federation; or (B) an entity organized under the laws of the Russian Federation. (9) Special Russian crude oil project The term special Russian crude oil project means a project intended to extract crude oil from— (A) the exclusive economic zone of the Russian Federation in waters more than 500 feet deep; (B) Russian Arctic offshore locations; or (C) shale formations located in the Russian Federation. 3. Statement of policy regarding Ukraine It is the policy of the United States to further assist the Government of Ukraine in restoring its sovereignty and territorial integrity to deter the Government of the Russian Federation from further destabilizing and invading Ukraine and other independent countries in Central and Eastern Europe, the Caucasus, and Central Asia. That policy shall be carried into effect, among other things, through a comprehensive effort, in coordination with allies and partners of the United States where appropriate, that includes economic sanctions, diplomacy, assistance for the people of Ukraine, and the provision of military capabilities to the Government of Ukraine that will enhance the ability of that Government to defend itself and to restore its sovereignty and territorial integrity in the face of unlawful actions by the Government of the Russian Federation. 4. Sanctions relating to the defense and energy sectors of the Russian Federation (a) Sanctions relating to the defense sector (1) Rosoboronexport Except as provided in subsection (d), not later than 30 days after the date of the enactment of this Act, the President shall impose 3 or more of the sanctions described in subsection (c) with respect to Rosoboronexport. (2) Russian producers, transferors, or brokers of defense articles Except as provided in subsection (d), on and after the date that is 45 days after the date of the enactment of this Act, the President shall impose 3 or more of the sanctions described in subsection (c) with respect to a foreign person the President determines— (A) is an entity— (i) owned or controlled by the Government of the Russian Federation or owned or controlled by nationals of the Russian Federation; and (ii) that— (I) knowingly manufactures or sells defense articles transferred into Syria or into the territory of a specified country without the consent of the internationally recognized government of that country; (II) transfers defense articles into Syria or into the territory of a specified country without the consent of the internationally recognized government of that country; or (III) brokers or otherwise assists in the transfer of defense articles into Syria or into the territory of a specified country without the consent of the internationally recognized government of that country; or (B) knowingly, on or after the date of the enactment of this Act, assists, sponsors, or provides financial, material, or technological support for, or goods or services to or in support of, an entity described in subparagraph (A) with respect to an activity described in clause (ii) of that subparagraph. (3) Specified country defined (A) In general In this subsection, the term specified country means— (i) Ukraine, Georgia, and Moldova; and (ii) any other country designated by the President as a country of significant concern for purposes of this subsection, such as Poland, Lithuania, Latvia, Estonia, and the Central Asia republics. (B) Notice to congress The President shall notify the appropriate congressional committees in writing not later than 15 days before— (i) designating a country as a country of significant concern under subparagraph (A)(ii); or (ii) terminating a designation under that subparagraph, including the termination of any such designation pursuant to subsection (h). (b) Sanctions related to the energy sector (1) Development of special Russian crude oil projects Except as provided in subsection (d), on and after the date that is 45 days after the date of the enactment of this Act, the President shall impose 3 or more of the sanctions described in subsection (c) with respect to a foreign person if the President determines that the foreign person knowingly makes a significant investment in a special Russian crude oil project. (2) Authorization for extension of licensing limitations on certain equipment The President, through the Bureau of Industry and Security of the Department of Commerce or the Office of Foreign Assets Control of the Department of the Treasury, as appropriate, may impose additional licensing requirements for or other restrictions on the export or reexport of items for use in the energy sector of the Russian Federation, including equipment used for tertiary oil recovery. (3) Contingent sanction relating to Gazprom If the President determines that Gazprom is withholding significant natural gas supplies from member countries of the North Atlantic Treaty Organization, or further withholds significant natural gas supplies from countries such as Ukraine, Georgia, or Moldova, the President shall, not later than 45 days after making that determination, impose the sanction described in subsection (c)(7) and at least one additional sanction described in subsection (c) with respect to Gazprom. (c) Sanctions described The sanctions the President may impose with respect to a foreign person under subsection (a) or (b) are the following: (1) Export-import bank assistance The President may direct the Export-Import Bank of the United States not to approve the issuance of any guarantee, insurance, extension of credit, or participation in the extension of credit in connection with the export of any goods or services to the foreign person. (2) Procurement sanction The President may prohibit the head of any executive agency (as defined in section 133 of title 41, United States Code) from entering into any contract for the procurement of any goods or services from the foreign person. (3) Arms export prohibition The President may prohibit the exportation or provision by sale, lease or loan, grant, or other means, directly or indirectly, of any defense article or defense service to the foreign person and the issuance of any license or other approval to the foreign person under section 38 of the Arms Export Control Act (22 U.S.C. 2778). (4) Dual-use export prohibition The President may prohibit the issuance of any license and suspend any license for the transfer to the foreign person of any item the export of which is controlled under the Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.) (as in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)) or the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations. (5) Property transactions The President may, pursuant to such regulations as the President may prescribe, prohibit any person from— (A) acquiring, holding, withholding, using, transferring, withdrawing, transporting, or exporting any property that is subject to the jurisdiction of the United States and with respect to which the foreign person has any interest; (B) dealing in or exercising any right, power, or privilege with respect to such property; or (C) conducting any transaction involving such property. (6) Banking transactions The President may, pursuant to such regulations as the President may prescribe, prohibit any transfers of credit or payments between financial institutions or by, through, or to any financial institution, to the extent that such transfers or payments are subject to the jurisdiction of the United States and involve any interest of the foreign person. (7) Prohibition on investment in equity or debt of sanctioned person The President may, pursuant to such regulations as the President may prescribe, prohibit any United States person from transacting in, providing financing for, or otherwise dealing in— (A) debt— (i) of longer than 30 days’ maturity of a foreign person with respect to which sanctions are imposed under subsection (a) or of longer than 90 days’ maturity of a foreign person with respect to which sanctions are imposed under subsection (b); and (ii) issued on or after the date on which such sanctions are imposed with respect to the foreign person; or (B) equity of the foreign person issued on or after that date. (8) Exclusion from the United States and revocation of visa or other documentation In the case of a foreign person who is an individual, the President may direct the Secretary of State to deny a visa to, and the Secretary of Homeland Security to exclude from the United States, the foreign person, subject to regulatory exceptions to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. (9) Sanctions on principal executive officers In the case of a foreign person that is an entity, the President may impose on the principal executive officer or officers of the foreign person, or on individuals performing similar functions and with similar authorities as such officer or officers, any of the sanctions described in this subsection applicable to individuals. (d) Exceptions (1) Importation of goods (A) In general The authority to block and prohibit all transactions in all property and interests in property under subsection (c)(5) shall not include the authority to impose sanctions on the importation of goods. (B) Good defined In this paragraph, the term good has the meaning given that term in section 16 of the Export Administration Act of 1979 (50 U.S.C. App. 2415) (as continued in effect pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. )). (2) Additional exceptions The President shall not be required to apply or maintain the sanctions under subsection (a) or (b)— (A) in the case of procurement of defense articles or defense services under existing contracts, subcontracts, or other business agreements, including ancillary or incidental contracts for goods, or for services or funding (including necessary financial services) associated with such goods, as necessary to give effect to such contracts, subcontracts, or other business agreements, and the exercise of options for production quantities to satisfy requirements essential to the national security of the United States— (i) if the President determines in writing that— (I) the foreign person to which the sanctions would otherwise be applied is a sole source supplier of the defense articles or services; (II) the defense articles or services are essential; (III) alternative sources are not readily or reasonably available; and (IV) the national interests of the United States would be adversely affected by the application or maintenance of such sanctions; or (ii) if the President determines in writing that— (I) such articles or services are essential to the national security under defense coproduction agreements; and (II) the national interests of the United States would be adversely affected by the application or maintenance of such sanctions; (B) in the case of procurement, to eligible products, as defined in section 308(4) of the Trade Agreements Act of 1979 ( 19 U.S.C. 2518(4) ), of any foreign country or instrumentality designated under section 301(b)(1) of that Act (19 U.S.C. 2511(b)(1)); (C) to products, technology, or services provided under contracts, subcontracts, or other business agreements (including ancillary or incidental contracts for goods, or for services or funding (including necessary financial services) associated with such goods, as necessary to give effect to such contracts, subcontracts, or other business agreements) entered into before the date on which the President publishes in the Federal Register the name of the foreign person with respect to which the sanctions are to be imposed; (D) to— (i) spare parts that are essential to United States products or production; (ii) component parts, but not finished products, essential to United States products or production; or (iii) routine servicing and maintenance of United States products, to the extent that alternative sources are not readily or reasonably available; (E) to information and technology essential to United States products or production; or (F) to food, medicine, medical devices, or agricultural commodities (as those terms are defined in section 101 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8511 )). (e) National security waiver (1) In general The President may waive the application of sanctions under subsection (a) or (b) with respect to a foreign person if the President— (A) determines that the waiver is in the national security interest of the United States; and (B) submits to the appropriate congressional committees a report on the determination and the reasons for the determination. (2) Form of report The report required by paragraph (1)(B) shall be submitted in unclassified form, but may include a classified annex. (f) Transaction-Specific national security waiver (1) In general The President may waive the application of sanctions under subsection (a) or (b) with respect to a specific transaction if the President— (A) determines that the transaction is in the national security interest of the United States; and (B) submits to the appropriate congressional committees a detailed report on the determination and the specific reasons for the determination that a waiver with respect to the transaction is necessary and appropriate. (2) Form of report The report required by paragraph (1)(B) shall be submitted in unclassified form, but may include a classified annex. (g) Implementation; penalties (1) Implementation The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out the purposes of this section. (2) Penalties The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) shall apply to a person that violates, attempts to violate, or conspires to violate, or causes a violation of, subsection (a) or (b) of this section, or an order or regulation prescribed under either such subsection, to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of the International Emergency Economic Powers Act. (h) Termination (1) In general Except as provided in paragraph (2), this section, and sanctions imposed under this section, shall terminate on the date on which the President submits to the appropriate congressional committees a certification that the Government of the Russian Federation has ceased ordering, controlling, or otherwise directing, supporting, or financing, significant acts intended to undermine the peace, security, stability, sovereignty, or territorial integrity of Ukraine, including through an agreement between the appropriate parties. (2) Applicability with respect to Syria The termination date under paragraph (1) shall not apply with respect to the provisions of subsection (a) relating to the transfer of defense articles into Syria or sanctions imposed pursuant to such provisions. 5. Sanctions on Russian and other foreign financial institutions (a) Facilitation of Certain Defense- and Energy-Related Transactions The President may impose the sanction described in subsection (c) with respect to a foreign financial institution that the President determines knowingly engages, on or after the date of the enactment of this Act, in significant transactions involving activities described in subparagraph (A)(ii) or (B) of section 4(a)(2) or paragraph (1) or (3) of section 4(b) for persons with respect to which sanctions are imposed under section 4. (b) Facilitation of financial transactions on behalf of specially designated nationals The President may impose the sanction described in subsection (c) with respect to a foreign financial institution if the President determines that the foreign financial institution has, 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 Russian 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, pursuant to— (1) this Act; (2) Executive Order 13660 (79 Fed. Reg. 13,493), 13661 (79 Fed. Reg. 15,535), or 13662 (79 Fed. Reg. 16,169); or (3) any other Executive order addressing the crisis in Ukraine. (c) Sanction described The sanction described in this subsection is, with respect to a foreign financial institution, a prohibition on the opening, and a prohibition or the imposition of strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by the foreign financial institution. (d) National security waiver The President may waive the application of sanctions under this section with respect to a foreign financial institution if the President— (1) determines that the waiver is in the national security interest of the United States; and (2) submits to the appropriate congressional committees a report on the determination and the reasons for the determination. (e) Implementation; penalties (1) Implementation The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out the purposes of this section. (2) Penalties The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) shall apply to a person that violates, attempts to violate, or conspires to violate, or causes a violation of, subsection (a) or (b) of this section, or an order or regulation prescribed under either such subsection, to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of the International Emergency Economic Powers Act. (f) Termination This section, and sanctions imposed under this section, shall terminate on the date on which the President submits to the appropriate congressional committees the certification described in section 4(h). 6. Major non-NATO ally status for Ukraine, Georgia, and Moldova Section 517 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2321k ) is amended by adding at the end the following: (c) Additional designations (1) In general Effective on the date of the enactment of the Ukraine Freedom Support Act of 2014, Ukraine, Georgia, and Moldova are each designated as a major non-NATO ally for purposes of this Act and the Arms Export Control Act (22 U.S.C. 2751 et seq.). (2) Notice of termination of designation The President shall notify Congress in accordance with subsection (a)(2) before terminating the designation of a country specified in paragraph (1). . 7. Increased military assistance for the Government of Ukraine (a) In general The President is authorized to provide defense articles, defense services, and training to the Government of Ukraine for the purpose of countering offensive weapons and reestablishing the sovereignty and territorial integrity of Ukraine, including anti-tank and anti-armor weapons, crew weapons and ammunition, counter-artillery radars to identify and target artillery batteries, fire control, range finder, and optical and guidance and control equipment, tactical troop-operated surveillance drones, and secure command and communications equipment, pursuant to the provisions of the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ), the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ), and other relevant provisions of law. (b) Report required Not later than 60 days after the date of the enactment of this Act, the President shall submit a report detailing the anticipated defense articles, defense services, and training to be provided pursuant to this section and a timeline for the provision of such defense articles, defense services, and training, to— (1) the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on Armed Services of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Appropriations, and the Committee on Armed Services of the House of Representatives. (c) Authorization of appropriations (1) In general There are authorized to be appropriated to the Secretary of State $100,000,000 for fiscal year 2015, $125,000,000 for fiscal year 2016, and $125,000,000 for fiscal year 2017 to carry out activities under this section. (2) Availability of amounts Amounts authorized to be appropriated pursuant to paragraph (1) shall remain available for obligation and expenditure through the end of fiscal year 2018. (d) Authority for the use of funds The funds made available pursuant to subsection (c) for provision of defense articles, defense services, and training may be used to procure such articles, services, and training from the United States Government or other appropriate sources. (e) Protection of civilians It is the sense of Congress that the Government of Ukraine should take all appropriate steps to protect civilians. 8. Expanded nonmilitary assistance for Ukraine (a) Assistance to internally displaced people in Ukraine (1) In general Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall submit a plan, including actions by the United States Government, other governments, and international organizations, to meet the need for protection of and assistance for internally displaced persons in Ukraine, to— (A) the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Appropriations, and the Committee on Energy and Commerce of the House of Representatives. (2) Elements The plan required by paragraph (1) should include, as appropriate, activities in support of— (A) helping to establish a functional and adequately resourced central registration system in Ukraine that can ensure coordination of efforts to provide assistance to internally displaced persons in different regions; (B) encouraging adoption of legislation in Ukraine that protects internally displaced persons from discrimination based on their status and provides simplified procedures for obtaining the new residency registration or other official documentation that is a prerequisite to receiving appropriate social payments under the laws of Ukraine, such as pensions and disability, child, and unemployment benefits; and (C) helping to ensure that information is available to internally displaced persons about— (i) government agencies and independent groups that can provide assistance to such persons in various regions; and (ii) evacuation assistance available to persons seeking to flee armed conflict areas. (3) Assistance through international organizations The President shall instruct the United States permanent representative or executive director, as the case may be, to the relevant United Nations voluntary agencies, including the United Nations High Commissioner for Refugees and the United Nations Office for the Coordination of Humanitarian Affairs, and other appropriate international organizations, to use the voice and vote of the United States to support appropriate assistance for internally displaced persons in Ukraine. (b) Assistance to the defense sector of Ukraine The Secretary of State and the Secretary of Defense should assist entities in the defense sector of Ukraine to reorient exports away from customers in the Russian Federation and to find appropriate alternative markets for those entities in the defense sector of Ukraine that have already significantly reduced exports to and cooperation with entities in the defense sector of the Russian Federation. (c) Assistance To Address the Energy Crisis in Ukraine (1) Emergency energy assistance (A) Plan required The Secretary of State and the Secretary of Energy, in collaboration with the Administrator of the United States Agency for International Development and the Administrator of the Federal Emergency Management Agency, shall work with officials of the Government of Ukraine to develop a short-term emergency energy assistance plan designed to help Ukraine address the potentially severe short-term heating fuel and electricity shortages facing Ukraine in 2014 and 2015. (B) Elements The plan required by subparagraph (A) should include strategies to address heating fuel and electricity shortages in Ukraine, including, as appropriate— (i) the acquisition of short-term, emergency fuel supplies; (ii) the repair or replacement of infrastructure that could impede the transmission of electricity or transportation of fuel; (iii) the prioritization of the transportation of fuel supplies to the areas where such supplies are needed most; (iv) streamlining emergency communications throughout national, regional, and local governments to manage the potential energy crisis resulting from heating fuel and electricity shortages; (v) forming a crisis management team within the Government of Ukraine to specifically address the potential crisis, including ensuring coordination of the team’s efforts with the efforts of outside governmental and nongovernmental entities providing assistance to address the potential crisis; and (vi) developing a public outreach strategy to facilitate preparation by the population and communication with the population in the event of a crisis. (C) Assistance The Secretary of State, the Secretary of Energy, and the Administrator of the United States Agency for International Development are authorized to provide assistance in support of, and to invest in short-term solutions for, enabling Ukraine to secure the energy safety of the people of Ukraine during 2014 and 2015, including through— (i) procurement and transport of emergency fuel supplies, including reverse pipeline flows from Europe; (ii) provision of technical assistance for crisis planning, crisis response, and public outreach; (iii) repair of infrastructure to enable the transport of fuel supplies; (iv) repair of power generating or power transmission equipment or facilities; (v) procurement and installation of compressors or other appropriate equipment to enhance short-term natural gas production; (vi) procurement of mobile electricity generation units; (vii) conversion of natural gas heating facilities to run on other fuels, including alternative energy sources; and (viii) provision of emergency weatherization and winterization materials and supplies. (2) Reduction of Ukraine’s reliance on energy imports (A) Plans required The Secretary of State, in collaboration with the Secretary of Energy and the Administrator of the United States Agency for International Development, shall work with officials of the Government of Ukraine to develop medium- and long-term plans to increase energy production and efficiency to increase energy security by helping Ukraine reduce its dependence on natural gas imported from the Russian Federation. (B) Elements The medium- and long-term plans required by subparagraph (A) should include strategies, as appropriate, to— (i) improve corporate governance and unbundling of state-owned oil and gas sector firms; (ii) increase production from natural gas fields and from other sources, including renewable energy; (iii) license new oil and gas blocks transparently and competitively; (iv) modernize oil and gas upstream infrastructure; and (v) improve energy efficiency. (C) Prioritization The Secretary of State, the Administrator of the United States Agency for International Development, and the Secretary of Energy should, during fiscal years 2015 through 2018, work with other donors, including multilateral agencies and nongovernmental organizations, to prioritize, to the extent practicable and as appropriate, the provision of assistance from such donors to help Ukraine to improve energy efficiency, increase energy supplies produced in Ukraine, and reduce reliance on energy imports from the Russian Federation, including natural gas. (D) Authorization of appropriations There are authorized to be appropriated $50,000,000 in the aggregate for fiscal years 2016 through 2018 to carry out activities under this paragraph. (3) Support from the overseas private investment corporation The Overseas Private Investment Corporation shall— (A) prioritize, to the extent practicable, support for investments to help increase energy efficiency, develop domestic oil and natural gas reserves, improve and repair electricity infrastructure, and develop renewable and other sources of energy in Ukraine; and (B) implement procedures for expedited review and, as appropriate, approval, of applications by eligible investors (as defined in section 238 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2198 )) for loans, loan guarantees, and insurance for such investments. (4) Support by the world bank group and the european bank for reconstruction and development The President shall, to the extent practicable and as appropriate, direct the United States Executive Directors of the World Bank Group and the European Bank for Reconstruction and Development to use the voice, vote, and influence of the United States to encourage the World Bank Group and the European Bank for Reconstruction and Development and other international financial institutions— (A) to invest in, and increase their efforts to promote investment in, projects to improve energy efficiency, improve and repair electricity infrastructure, develop domestic oil and natural gas reserves, and develop renewable and other sources of energy in Ukraine; and (B) to stimulate private investment in such projects. (d) Assistance to civil society in ukraine (1) In general The Secretary of State and the Administrator of the United States Agency for International Development shall, directly or through nongovernmental or international organizations, such as the Organization for Security and Co-operation in Europe, the National Endowment for Democracy, and related organizations— (A) strengthen the organizational and operational capacity of democratic civil society in Ukraine; (B) support the efforts of independent media outlets to broadcast, distribute, and share information in all regions of Ukraine; (C) counter corruption and improve transparency and accountability of institutions that are part of the Government of Ukraine; and (D) provide support for democratic organizing and election monitoring in Ukraine. (2) Strategy required Not later than 60 days after the date of the enactment of this Act, the President shall submit a strategy to carry out the activities described in paragraph (1) to— (A) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. (3) Authorization of appropriations There are authorized to be appropriated to the Secretary of State $20,000,000 for fiscal year 2016 to carry out this subsection. (4) Transparency requirements Any assistance provided pursuant to this subsection shall be conducted in as transparent of a manner as possible, consistent with the nature and goals of this subsection. The President shall provide a briefing on the activities funded by this subsection at the request of the committees specified in paragraph (2). 9. Expanded broadcasting in countries of the former Soviet Union (a) In general Not later than 90 days after the date of the enactment of this Act, the Chairman of the Broadcasting Board of Governors shall submit to Congress a plan, including a cost estimate, for immediately and substantially increasing, and maintaining through fiscal year 2017, the quantity of Russian-language broadcasting into the countries of the former Soviet Union funded by the United States in order to counter Russian Federation propaganda. (b) Prioritization of broadcasting into Ukraine, Georgia, and Moldova The plan required by subsection (a) shall prioritize broadcasting into Ukraine, Georgia, and Moldova by the Voice of America and Radio Free Europe/Radio Liberty. (c) Additional priorities In developing the plan required by subsection (a), the Chairman shall consider— (1) near-term increases in Russian-language broadcasting for countries of the former Soviet Union (other than the countries specified in subsection (b)), including Latvia, Lithuania, and Estonia; and (2) increases in broadcasting in other critical languages, including Ukrainian and Romanian languages. (d) Broadcasting defined In this section, the term broadcasting means the distribution of media content via radio broadcasting, television broadcasting, and Internet-based platforms, among other platforms. (e) Authorization of appropriations (1) In general There are authorized to be appropriated to the Broadcasting Board of Governors $10,000,000 for each of fiscal years 2016 through 2018 to carry out activities under this section. (2) Supplement not supplant Amounts authorized to be appropriated pursuant to paragraph (1) shall supplement and not supplant other amounts made available for activities described in this section. 10. Support for Russian democracy and civil society organizations (a) In general The Secretary of State shall, directly or through nongovernmental or international organizations, such as the Organization for Security and Co-operation in Europe, the National Endowment for Democracy, and related organizations— (1) improve democratic governance, transparency, accountability, rule of law, and anti-corruption efforts in the Russian Federation; (2) strengthen democratic institutions and political and civil society organizations in the Russian Federation; (3) expand uncensored Internet access in the Russian Federation; and (4) expand free and unfettered access to independent media of all kinds in the Russian Federation, including through increasing United States Government-supported broadcasting activities, and assist with the protection of journalists and civil society activists who have been targeted for free speech activities. (b) Authorization of appropriations There are authorized to be appropriated to the Secretary of State $20,000,000 for each of fiscal years 2016 through 2018 to carry out the activities set forth in subsection (a). (c) Strategy requirement Not later than 60 days after the date of the enactment of this Act, the President shall submit a strategy to carry out the activities set forth in subsection (a) to— (1) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. (d) Transparency requirements Any assistance provided pursuant to this section shall be conducted in as transparent of a manner as possible, consistent with the nature and goals of this section. The President shall provide a briefing on the activities funded by this section at the request of the committees specified in subsection (c). 11. Report on non-compliance by the Russian Federation of its obligations under the INF Treaty (a) Findings Congress makes the following findings: (1) The Russian Federation is in violation of its obligations under the Treaty between the United States of America and the Union of Soviet Socialist Republics on the Elimination of Their Intermediate-Range and Shorter-Range Missiles, signed at Washington December 8, 1987, and entered into force June 1, 1988 (commonly referred to as the Intermediate-Range Nuclear Forces Treaty or INF Treaty ). (2) This behavior poses a threat to the United States, its deployed forces, and its allies. (b) Sense of Congress It is the sense of Congress that— (1) the President should hold the Russian Federation accountable for being in violation of its obligations under the INF Treaty; and (2) the President should demand the Russian Federation completely and verifiably eliminate the military systems that constitute the violation of its obligations under the INF Treaty. (c) Report (1) In general Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter, the President shall submit to the committees specified in subsection (d) a report that includes the following elements: (A) A description of the status of the President's efforts, in cooperation with United States allies, to hold the Russian Federation accountable for being in violation of its obligations under the INF Treaty and obtain the complete and verifiable elimination of its military systems that constitute the violation of its obligations under the INF Treaty. (B) The President's assessment as to whether it remains in the national security interests of the United States to remain a party to the INF Treaty, and other related treaties and agreements, while the Russian Federation is in violation of its obligations under the INF Treaty. (C) Notification of any deployment by the Russian Federation of a ground launched ballistic or cruise missile system with a range of between 500 and 5,500 kilometers. (D) A plan developed by the Secretary of State, in consultation with the Director of National Intelligence and the Defense Threat Reduction Agency (DTRA), to verify that the Russian Federation has fully and completely dismantled any ground launched cruise missiles or ballistic missiles with a range of between 500 and 5,500 kilometers, including details on facilities that inspectors need access to, people inspectors need to talk with, how often inspectors need the accesses for, and how much the verification regime would cost. (2) Form The report required under paragraph (1) shall be submitted in unclassified form but may contain a classified annex. (d) Committees specified The committees specified in this subsection are— (1) the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives. 12. Rule of construction Nothing in this Act or an amendment made by this Act shall be construed as an authorization for the use of military force.	https://www.govinfo.gov/content/pkg/BILLS-113hr5782ih/xml/BILLS-113hr5782ih.xml
113-hr-5783	I 113th CONGRESS 2d Session H. R. 5783 IN THE HOUSE OF REPRESENTATIVES December 3, 2014 Mr. Cartwright (for himself, Mr. Ribble , Mr. Hinojosa , Ms. Norton , Ms. Schwartz , Mr. Smith of Washington , Ms. Titus , Ms. Tsongas , and Mr. Hastings of Florida ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on Agriculture , Energy and Commerce , and Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Social Security Act, the Food and Nutrition Act of 2008, and the Low-Income Home Energy Assistance Act of 1981 to require that the value of child’s savings accounts be disregarded for the purpose of determining eligibility to receive benefits under such Acts; and for other purposes. 1. Short title This Act may be cited as the Children’s Savings Accounts Offer Parents Plenty Of Reasons To Understand aNd Invest in Tuition Yearly Act or the CSA OPPORTUNITY Act . 2. Definitions In this Act: (1) Child’s savings account The term child’s savings account means a trust created or organized exclusively for the purpose of paying the qualified expenses of only an individual who, when the trust is created or organized, has not attained 18 years of age, if the written governing instrument creating the trust contains the following requirements: (A) The trustee is a federally insured financial institution, or a State insured financial institution if a federally insured financial institution is not available. (B) The assets of the trust will be invested in accordance with the direction of the individual or of a parent or guardian of the individual, after consultation with the entity providing the initial contribution to the trust or, if applicable, a matching or other contribution for the individual. (C) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. (D) Any amount in the trust that is attributable to an account seed or matched deposit may be paid or distributed from the trust only for the purpose of paying qualified expenses of the individual. (2) Qualified expenses The term qualified expenses means, with respect to an individual, expenses that— (A) are incurred after the individual receives a secondary school diploma or its recognized equivalent; and (B) are— (i) postsecondary educational expenses (as defined in section 529 of the Internal Revenue Code of 1986) of the individual; (ii) for the purchase of a first home by the individual; or (iii) for the capitalization of a business owned by the individual. I Amendments to the Social Security Act 101. Interest in, and distribution from, a qualified tuition program required to be disregarded under the TANF program (a) In general Section 408(a) of the Social Security Act ( 42 U.S.C. 608(a) ) is amended by adding at the end the following: (13) Requirement to disregard interest in and distribution from, a qualified tuition program A State to which a grant is made under section 403 shall disregard the value of any interest in, or distribution from, a qualified tuition program (as defined in section 529(b) of the Internal Revenue Code of 1986), in determining the eligibility of, and the amount or type of assistance to be provided to an individual or family under the State program funded under this part. . (b) Penalty for noncompliance (1) In general Section 409(a) of such Act ( 42 U.S.C. 609(a) ) is amended by adding at the end the following: (17) Penalty for failure to disregard interest in, or distribution from, a qualified tuition program (A) In general If the Secretary finds that a State to which a grant is made under section 403 for a fiscal year has failed to comply with section 408(a)(13) during the fiscal year, the Secretary shall reduce the grant otherwise payable to the State under section 403(a)(1) for the succeeding fiscal year by the percentage specified in subparagraph (B) of this paragraph. (B) Amount of reduction The reduction required under subparagraph (A) shall be— (i) not less than 1 nor more than 2 percent; (ii) not less than 2 nor more than 3 percent, if the finding is the 2nd consecutive finding made pursuant to subparagraph (A); or (iii) not less than 3 nor more than 5 percent, if the finding is the 3rd or a subsequent consecutive such finding. . (2) No exception for reasonable cause Section 409(b)(2) of such Act ( 42 U.S.C. 609(b)(2) ) is amended by striking or (13) and inserting (13), or (17) . 102. Exclusion of interest in, and distribution from, a qualified tuition program from resources under the SSI program Section 1613(a) of the Social Security Act ( 42 U.S.C. 1382b(a) ) is amended— (1) by striking and at the end of paragraph (16); (2) by striking the period at the end of paragraph (17) and inserting ; and ; and (3) by inserting after paragraph (17) the following: (18) the value of any interest in, or distribution from, a qualified tuition program (as defined in section 529(b) of the Internal Revenue Code of 1986). . 103. Child’s savings account required to be disregarded under the TANF program (a) In general Section 408(a)(13) of the Social Security Act ( 42 U.S.C. 608(a) ), as amended by section 101(a) of this Act, is amended— (1) by striking (13) and all that follows through A State and inserting the following: (13) Requirement to disregard interest in, and distribution from, a qualified tuition program, and value of a child’s savings account (A) In general A State ; and (2) by inserting and the value of any child’s savings account (as defined in section 2 of the CSA OPPORTUNITY Act) after 1986) . (b) Penalty for noncompliance Section 409(a)(17) of such Act ( 42 U.S.C. 608(a)(17) ), as added by section 101(b)(1) of this Act, is amended in the paragraph heading, by inserting or value of a child’s savings account after program . 104. Exclusion of child’s savings account from resources under the SSI program (a) In general Section 1613(a) of the Social Security Act ( 42 U.S.C. 1382b(a) ), as amended by section 102 of this Act, is amended— (1) by striking and at the end of paragraph (17); (2) by striking the period at the end of paragraph (18) and inserting ; and ; and (3) by inserting after paragraph (18) the following: (19) any child’s savings account (as defined in section 2 of the CSA OPPORTUNITY Act), including accrued interest or other earnings thereon. . (b) Conforming amendment Section 1613(e)(5) of such Act ( 42 U.S.C. 1382b ) is amended by inserting of this Act or section 2 of the CSA OPPORTUNITY Act before the period. (c) Technical amendments Effective immediately after the repeal of the Improving Access to Clinical Trials Act of 2009 ( Public Law 111–255 ), section 1613(a) of the Social Security Act (42 U.S.C. 1382b(a)), as amended by the preceding provisions of this Act, is amended— (1) by striking and at the end of paragraph (15); (2) by striking and at the end of paragraph (16); and (3) by striking paragraph (17) and redesignating paragraphs (18) and (19) as paragraphs (17) and (18), respectively. II Amendment to the Food and Nutrition Act of 2008 201. Exclusion of child’s savings accounts from resources under the supplemental nutrition assistance program Section 5(g) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014(g) ) is amended by adding at the end the following: (9) Exclusion of Child’s Savings Accounts From Allowable Financial Resources (A) Exclusion The Secretary shall exclude from financial resources under this subsection the value of funds in any child’s savings account. (B) Child’s savings account For purposes of subparagraph (A), the term child’s savings account has the meaning given such term in section 2 of the CSA OPPORTUNITY Act . . III Amendment to Low-Income Home Energy Assistance Act of 1981 201. Exclusion of child’s savings accounts from resources under the Low-Income Home Energy Assistance Program Section 2605(f) of the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8624(f) ) is amended by adding at the end the following: (3) Exclusion of Child’s Savings Accounts From Allowable Financial Resources (A) Exclusion The income of a household shall be determined under this section without regard to the value of funds in any child’s savings account. (B) Child’s savings account For purposes of subparagraph (A), the term child’s savings account has the meaning given such term in section 2 of the CSA OPPORTUNITY Act . .	https://www.govinfo.gov/content/pkg/BILLS-113hr5783ih/xml/BILLS-113hr5783ih.xml
113-hr-5784	I 113th CONGRESS 2d Session H. R. 5784 IN THE HOUSE OF REPRESENTATIVES December 3, 2014 Mr. McKinley (for himself and Ms. Titus ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to provide additional educational assistance under the Post-9/11 Educational Assistance Program of the Department of Veterans Affairs to certain eligible individuals. 1. Short title This Act may be cited as the GI Bill STEM Extension Act of 2014 . 2. Additional educational assistance under Post-9/11 Educational Assistance Program of Department of Veterans Affairs (a) In general Subchapter II of chapter 33 of title 38, United States Code, is amended by adding at the end the following new section: 3320. Additional benefits (a) In general The Secretary may provide to an eligible individual additional educational assistance under this section. (b) Amount of assistance The Secretary shall pay to each individual who receives educational assistance under this section who is pursuing a program of education the amount payable under section 3313 of this title for such program of education for a period of not more than nine months. (c) Eligibility An eligible individual is an individual— (1) who is or was entitled to educational assistance under section 3311 of this title; (2) who has used all of the educational assistance to which the individual is entitled under this chapter; and (3) who— (A) is enrolled in a program of education leading to a post-secondary degree that requires more than the standard 128 semester (or 192 quarter) credit hours for completion in— (i) biological or biomedical science; (ii) physical science; (iii) science technologies or technicians; (iv) computer and information science and support services; (v) mathematics or statistics; (vi) engineering; (vii) engineering technologies or an engineering-related field; (viii) a health profession or related program; or (ix) a medical residency program; or (B) has earned a post-secondary degree in a field referred to in subparagraph (A) and is enrolled in a program of education leading to a teaching certification. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 3319 the following new item: 3320. Additional benefits. .	https://www.govinfo.gov/content/pkg/BILLS-113hr5784ih/xml/BILLS-113hr5784ih.xml
113-hr-5785	I 113th CONGRESS 2d Session H. R. 5785 IN THE HOUSE OF REPRESENTATIVES December 3, 2014 Mr. Grayson introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to make permanent the exclusion from gross income of discharges of qualified principal residence indebtedness. 1. Permanent exclusion from gross income of discharge of qualified principal residence indebtedness Subparagraph (E) of section 108(a)(1) of the Internal Revenue Code of 1986 is amended by striking “which is discharged before January 1, 2014”.	https://www.govinfo.gov/content/pkg/BILLS-113hr5785ih/xml/BILLS-113hr5785ih.xml
113-hr-5786	I 113th CONGRESS 2d Session H. R. 5786 IN THE HOUSE OF REPRESENTATIVES December 3, 2014 Mr. Lankford (for himself and Mr. Welch ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend certain banking statutes to exempt community banks from certain regulatory requirements, to include a community bank representative in the membership of the Board of Governors of the Federal Reserve System, to create a process for a county to be designated as a rural area, and for other purposes. 1. Short title This Act may be cited as the Small Financial Institutions Regulatory Relief Act of 2014 . 2. Certain loans included as qualified mortgages Section 129C(b)(2) of the Truth in Lending Act ( 15 U.S.C. 1639c(b)(2) ) is amended by adding at the end the following: (F) Loans held on portfolio The term qualified mortgage includes a residential mortgage loan made by a creditor having less than $10,000,000,000 in total assets, so long as such loan is originated and retained in portfolio of the creditor for the duration of the loan term. . 3. Exemption from escrow requirements for loans held by small creditors Section 129D(c) of the Truth in Lending Act ( 15 U.S.C. 1639d(c) ) is amended— (1) by redesignating paragraphs (1), (2), (3), and (4) as subparagraphs (A), (B), (C), and (D) and moving such subparagraphs 2 ems to the right; (2) striking The Board and inserting the following: (1) In general The Bureau ; and (3) by adding at the end the following: (2) Treatment of loans held by smaller creditors The Bureau shall, by regulation, exempt from the requirements of subsection (a) any loan secured by a first lien on a consumer’s principle dwelling, if such loan is held by a creditor with assets of less than $10,000,000,000. . 4. Increase in small servicer exemption Section 6 of the Real Estate Settlement Procedures Act of 1974 ( 12 U.S.C. 2605 ) is amended by adding at the end the following: (n) Small servicer exemption The Bureau shall, by regulation, provide exemptions to, or adjustments for, the provisions of this section for servicers that service 10,000 or fewer mortgage loans, in order to reduce regulatory burdens while appropriately balancing consumer protections. . 5. Exception to annual privacy notice requirement under the Gramm-Leach-Bliley Act Section 503 of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6803 ) is amended by adding at the end the following: (f) Exception to annual notice requirement A financial institution that— (1) provides nonpublic personal information only in accordance with the provisions of subsection (b)(2) or (e) of section 502 or regulations prescribed under section 504(b), and (2) has not changed its policies and practices with regard to disclosing nonpublic personal information from the policies and practices that were disclosed in the most recent disclosure sent to consumers in accordance with this subsection, shall not be required to provide an annual disclosure under this subsection until such time as the financial institution fails to comply with any criteria described in paragraph (1) or (2). . 6. Changes required to small bank holding company policy statement on assessment of financial and managerial factors (a) Small bank holding company policy statement on assessment of financial and managerial factors (1) In general Before the end of the 6-month period beginning on the date of the enactment of this Act, the Board of Governors of the Federal Reserve System shall publish in the Federal Register proposed revisions to the Small Bank Holding Company Policy Statement on Assessment of Financial and Managerial Factors (12 C.F.R. part 225—appendix C) that provide that the policy shall apply to a bank holding company which has pro forma consolidated assets of less than $5,000,000,000 and that— (A) is not engaged in any nonbanking activities involving significant leverage; and (B) does not have a significant amount of outstanding debt that is held by the general public. (2) Adjustment of amount The Board of Governors of the Federal Reserve System shall annually adjust the dollar amount referred to in paragraph (1) in the Small Bank Holding Company Policy Statement on Assessment of Financial and Managerial Factors by an amount equal to the percentage increase, for the most recent year, in total assets held by all insured depository institutions, as determined by the Board. (b) Increase in debt-to-Equity ratio of small bank holding company Before the end of the 6-month period beginning on the date of the enactment of this Act, the Board of Governors of the Federal Reserve System shall publish in the Federal Register proposed revisions to the Small Bank Holding Company Policy Statement on Assessment of Financial and Managerial Factors (12 C.F.R. part 225—appendix C) such that the debt-to-equity ratio allowable for a small bank holding company in order to remain eligible to pay a corporate dividend and to remain eligible for expedited processing procedures under Regulation Y of the Board of Governors of the Federal Reserve System would increase from 1:1 to 3:1. 7. Membership of Board of Governors of the Federal Reserve System (a) Inclusion of a person with community bank experience The first undesignated paragraph of section 10 of the Federal Reserve Act ( 12 U.S.C. 241 ) is amended by inserting after the second sentence the following: The Board shall at all times have as a member at least 1 person with demonstrated experience working in or supervising community banks having less than $10,000,000,000 in total assets . (b) Effective date The amendment made by subsection (a) shall take effect on the date of enactment of this Act and apply to appointments made on and after that effective date, excluding any nomination pending in the Senate on that date. 8. Designation of rural area (a) Application Not later than 90 days after the date of the enactment of this Act, the Bureau of Consumer Financial Protection shall establish an application process under which a person who lives or does business in a State may, with respect to an area identified by the person in such State that has not been designated by the Bureau as a rural area for purposes of a Federal consumer financial law (as defined under section 1002 of the Consumer Financial Protection Act of 2010), apply for such area to be so designated. (b) Evaluation Criteria When evaluating an application submitted under subsection (a), the Bureau shall take into consideration the following factors: (1) Criteria used by the Director of the Bureau of the Census for classifying geographical areas as rural or urban. (2) Criteria used by the Director of the Office of Management and Budget to designate counties as metropolitan or micropolitan or neither. (3) Criteria used by the Secretary of Agriculture to determine property eligibility for rural development programs. (4) The Department of Agriculture rural-urban commuting area codes. (5) A written opinion provided by the State’s bank supervisor, as defined under section 3(r) of the Federal Deposit Insurance Act ( 12 U.S.C. 1813(r) ). (6) Population density. (c) Public Comment Period (1) In general Not later than 60 days after receiving an application submitted under subsection (a), the Bureau shall— (A) publish such application in the Federal Register; and (B) make such application available for public comment for not fewer than 90 days. (2) Limitation on additional applications Nothing in this section shall be construed to require the Bureau, during the public comment period with respect to an application submitted under subsection (a), to accept an additional application with respect to the area that is the subject of the initial application. (d) Decision on Designation Not later than 90 days after the end of the public comment period under subsection (c)(1) for an application, the Bureau shall— (1) grant or deny such application, in whole or in part; and (2) publish such grant or denial in the Federal Register, along with an explanation of what factors the Bureau relied on in making such determination. (e) Subsequent Applications A decision by the Bureau under subsection (d) to deny an application for an area to be designated as a rural area shall not preclude the Bureau from accepting a subsequent application submitted under subsection (a) for such area to be so designated, so long as such subsequent application is made after the end of the 90-day period beginning on the date that the Bureau denies the application under subsection (d).	https://www.govinfo.gov/content/pkg/BILLS-113hr5786ih/xml/BILLS-113hr5786ih.xml
113-hr-5787	I 113th CONGRESS 2d Session H. R. 5787 IN THE HOUSE OF REPRESENTATIVES December 3, 2014 Mr. Danny K. Davis of Illinois (for himself and Mr. Griffin of Arkansas ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to exclude payments received under the Work Colleges Program from gross income, including payments made from institutional funds. 1. Exclusion for amounts received under the Work Colleges Program (a) In general Paragraph (2) of section 117(c) of the Internal Revenue Code of 1986 is amended 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 new subparagraph: (C) a comprehensive work-learning-service program (as defined in section 448(e) of the Higher Education Act of 1965) operated by a work college (as defined in such section). . (b) Effective date The amendments made by this section shall apply to amounts received in taxable years beginning after the date of the enactment of this Act.	https://www.govinfo.gov/content/pkg/BILLS-113hr5787ih/xml/BILLS-113hr5787ih.xml
113-hr-5788	I 113th CONGRESS 2d Session H. R. 5788 IN THE HOUSE OF REPRESENTATIVES December 3, 2014 Mr. Huelskamp introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To designate the Junction City Community-Based Outpatient Clinic located at 715 Southwind Drive, Junction City, Kansas, as the Lieutenant General Richard J. Seitz Community-Based Outpatient Clinic. 1. Lieutenant General Richard J. Seitz Community-Based Outpatient Clinic (a) Findings Congress finds that— (1) Lieutenant General Richard J. Seitz served as the cadet commander of a unit of the Reserve Officers’ Training Corps at Leavenworth High School in Leavenworth, Kansas, where he earned the American Legion Cup as an outstanding cadet; (2) while attending Kansas State University, Lieutenant General Seitz accepted a commission as a second lieutenant in the Army and was called into active duty in 1940; (3) Lieutenant General Seitz volunteered to be one of the first paratroopers in the United States; (4) at age 25, Lieutenant General Seitz as a major, was given command of the 2nd Battalion of the 517th Parachute Infantry Regimental Combat Team, becoming the youngest battalion commander in the Army; (5) along with the 7th Armored Division, the battalion commanded by Lieutenant General Seitz formed what became known as Task Force Seitz at the Battle of the Bulge with the mission to plug the gaps on the north slope of the Bulge when the Germans attempted to break out; (6) the service of Lieutenant General Seitz earned him the Silver Star, 2 Bronze Stars, the Purple Heart, and many other acknowledgments during his 37-year career in the Army; (7) after victory in Europe, Lieutenant General Seitz remained in the Army, commanding the 2nd Airborne Battle Group, 503rd Infantry Regiment, and the 82nd Airborne Division; (8) on retiring in 1978, Lieutenant General Seitz settled in Junction City, Kansas, near Ft. Riley, where he would greet deploying and returning units from Iraq and Afghanistan at all times of the day; (9) Lieutenant General Seitz remained active in the wider community, working with the Coronado Area Council of the Boy Scouts of America, the Fort Riley National Bank, Rotary International, and the Association of the United States Army and serving on the board of the Eisenhower Presidential Library and Museum; (10) Lieutenant General Seitz had a passion for mentoring young officers and noncommissioned officers at Fort Riley, never ceasing to be a soldier, according to his son, Richard M. Seitz; (11) Lieutenant General Seitz was named an Outstanding Citizen of Kansas; (12) in 2012 an elementary school at Fort Riley was named in honor of Lieutenant General Seitz, which is meaningful because he believed the fate of the United States relied on young children and the teachers who inspire them; (13) during visits to the elementary school, Lieutenant General Seitz would talk with the students about what it meant to be a proud and great American and his message was always to respect the teachers and be a learner ; (14) the family and friends of Lieutenant General Seitz have described him as a gentleman, compassionate, respected, full of integrity, gracious, giving, and a remarkable individual; and (15) Lieutenant General Seitz lived each day to its fullest and his commitment to his fellow man serves as an inspiration to all the people of the United States. (b) Designation The Junction City Community-Based Outpatient Clinic located at 715 Southwind Drive, Junction City, Kansas, shall be known and designated as the Lieutenant General Richard J. Seitz Community-Based Outpatient Clinic . (c) References Any reference in any law, map, regulation, document, paper, or other record of the United States to the Junction City Community-Based Outpatient Clinic referred to in subsection (b) shall be deemed to be a reference to the Lieutenant General Richard J. Seitz Community-Based Outpatient Clinic .	https://www.govinfo.gov/content/pkg/BILLS-113hr5788ih/xml/BILLS-113hr5788ih.xml
113-hr-5789	I 113th CONGRESS 2d Session H. R. 5789 IN THE HOUSE OF REPRESENTATIVES December 3, 2014 Mr. Sensenbrenner introduced the following bill; which was referred to the Committee on the Judiciary A BILL To establish a system for integration of Rapid DNA instruments for use by law enforcement to reduce violent crime and reduce the current DNA analysis backlog. 1. Short title This Act may be cited as the Rapid DNA Act of 2014 . 2. Definitions The DNA Identification Act of 1994 ( 42 U.S.C. 14132 ) is amended by inserting at the end the following: __. Definitions (1) The term reference DNA sample means a tissue, fluid, or other bodily sample of an individual on which a DNA analysis can be carried out. (2) The term DNA analysis means analysis of the deoxyribonucleic acid (DNA) identification information from a bodily sample. (3) The term sample-to-answer DNA analysis systems means fully automated systems that after input of a DNA sample can perform all necessary sample preparation and analysis with no operator intervention. (4) The term qualified agencies means booking stations, jails, prisons, detention centers, other law enforcement organizations, and facilities outside of forensic laboratories that can perform DNA analysis using sample-to-answer DNA systems on subjects meeting current legislative guidelines. (5) The term operators means persons trained to operate a sample-to-answer DNA system. . 3. Revised quality assurance and proficiency testing standards Section 210303 of the DNA Identification Act of 1994 ( 42 U.S.C. 14131 ) is amended— (1) in subsection (a)(1)(B), by inserting after Technology the following: , and members from Federal, State, and local law enforcement agencies. ; (2) in subsection (a)(1)(C), by inserting after DNA the following: and separate standards for testing the proficiency of qualified agencies, and operators, in conducting analyses of DNA samples using sample-to-answer DNA analysis systems. ; (3) in subsection (a)(2), by inserting after DNA the following: DNA and separate standards for testing the proficiency of qualified agencies, and operators, in conducting analyses of DNA samples using sample-to-answer DNA analysis systems. ; (4) in subsection (a)(3), by inserting after used by forensic laboratories the following: and by qualified agencies conducting analyses of DNA samples using sample-to-answer DNA analysis systems. ; and by inserting after determine whether a laboratory the following: , or agency, ; (5) in subsection (a)(4), by inserting after for purposes of this section the following: , and for qualified agencies the quality assurance guidelines recommended by the scientific working group on DNA analysis methods. ; (6) in subsection (c)(1)(A), by inserting after forensic DNA analyses the following: ; and qualified agencies conducting analyses of DNA samples using sample-to-answer DNA analysis systems. ; (7) in subsection (c)(1)(B), by inserting after forensic DNA analyses the following: ; and for qualified agencies conducting analyses of DNA samples using sample-to-answer DNA analysis systems. ; (8) in subsection (c)(1)(C), by inserting after forensic DNA analyses the following: ; and qualified agencies conducting analyses of DNA samples using sample-to-answer DNA analysis systems. ; and (9) in subsection (c)(2), by inserting after routine evidence the following: ; and for qualified agencies the term blind external proficiency test means a test that is presented to qualified agencies through a second agency and appears to the operator to involve routine DNA samples for sample-to-answer DNA analysis systems. . 4. Qualifying agencies Section 210304 of the DNA Identification Act of 1994 ( 42 U.S.C. 14132 ) is amended— (1) in subsection (b)(2), by inserting after laboratories the following: or qualified agencies ; (2) in subsection (b)(2)(A), by striking ; and at the end and inserting a semicolon; and (3) in subsection (b)(2), by inserting the following new subparagraph: (C) are a qualifying agency engaged in the intake, processing, booking, detention, or incarceration of individuals charged or convicted of qualifying offenses and the analysis of DNA samples is conducted on a sample-to-answer DNA analysis system; and . 5. District of Columbia DNA analysis Section ____ of the DNA Identification Act of 1994 ( 42 U.S.C. 14135b ) is amended in subsection (b), by inserting after the DNA shall be analyzed the following: on a sample-to-answer DNA analysis system .	https://www.govinfo.gov/content/pkg/BILLS-113hr5789ih/xml/BILLS-113hr5789ih.xml
113-hr-5790	I 113th CONGRESS 2d Session H. R. 5790 IN THE HOUSE OF REPRESENTATIVES December 3, 2014 Mr. Young of Indiana 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 authorize the Director of the National Institutes of Health to design and enter into agreements for the implementation of prize competitions with the goal of improving health outcomes and thereby reducing Federal expenditures. 1. Short title This Act may be cited as the Health Prizes Rewarding Innovation, Savings, and Effectiveness Act of 2014 . 2. Prize competitions (a) In general Part B of title IV of the Public Health Service Act ( 42 U.S.C. 284 et seq. ) is amended by adding at the end the following: 409K. Prize competitions for improving health outcomes and reducing Federal expenditures (a) Goals The goal of the prize competitions under this section is to improve health outcomes, thereby reducing Federal expenditures on health programs. (b) Initial actions (1) Identification of diseases and conditions Not later than 6 months after the date of enactment of the Health Prizes Rewarding Innovation, Savings, and Effectiveness Act of 2014 , the Director of NIH, in consultation with the Director of the Congressional Budget Office, the Administrator for the Centers for Medicare & Medicaid Services, and relevant health economists, shall identify 3 to 5 human diseases or health conditions with respect to which— (A) the Federal Government, for such diseases and conditions, collectively spends a total of not less than $5,000,000,000 per year on prevention and treatment activities; (B) public and private investment in research is disproportionately small in comparison with such investment for other human diseases and conditions for which the Federal Government has similar or greater expenditures on prevention and treatment activities; and (C) the prize competitions under this section would be appropriate for achieving the goal described in subsection (a). (2) Design of prize competitions Not later than 12 months after the date of enactment of the Health Prizes Rewarding Innovation, Savings, and Effectiveness Act of 2014 , the Director of NIH shall— (A) design prize competitions— (i) to cooperate with competitors to realize innovations to achieve the goal described in subsection (a) with respect to one or more diseases or conditions identified pursuant to subsection (b); and (ii) to award one or more prizes— (I) if appropriate, at the beginning of or during the competitions, to the competitors whose innovations are most promising or demonstrate progress; and (II) at the end of the competitions, to the competitors whose innovations prove to be the best solutions; (B) ensure that the design of such competitions— (i) is realistic, given the amount of funds to be awarded as prizes; (ii) does not reflect any bias concerning the type of innovations which will prove to be the best solutions; (iii) allows any person to participate as a competitor without regard to the person’s place of incorporation, primary place of business, citizenship, and residency, as applicable; and (iv) addresses areas of unmet need with regard to a lack of recent and pending innovations; and (C) submit to the Congress a report on the design of such competitions. (3) Consultation In carrying out paragraphs (1) and (2), the Director of NIH shall consult with— (A) medical, economic, budgetary, innovation, and venture capital experts; and (B) the heads of relevant Federal agencies, including the Commissioner of Food and Drugs, the Director of the National Science Foundation, and the Administrator of the Small Business Administration. (c) Simulation The Director of NIH shall— (1) not later than 14 months after the date of enactment of the Health Prizes Rewarding Innovation, Savings, and Effectiveness Act of 2014 , award one or more contracts— (A) to perform a simulation of the prize competitions to be conducted under this section, based on the designs developed under subsection (b)(2) and in consultation with the categories of experts and agency heads described in subsection (b)(3); and (B) to use the simulation to assess the effectiveness of the design; and (2) not later than 4 months after awarding such one or more contracts, submit to the Congress a report on the results of the simulation and assessment. (d) Adjustments to design Not later than 21 months after the date of enactment of the Health Prizes Rewarding Innovation, Savings, and Effectiveness Act of 2014 , the Director of NIH shall— (1) taking into consideration the results of the simulation under subsection (c), and subject to the requirements of subparagraphs (A) and (B) of subsection (b)(2), make such adjustments to the design of the prize competitions under this section as the Director determines appropriate; and (2) submit to the Congress a report on any such adjustments. (e) Implementation of prize competitions (1) In general The Director of NIH shall enter into an agreement with one or more private entities to implement prize competitions based on the designs developed under subsection (b)(2), as adjusted under subsection (d). (2) Duration The prize competitions under paragraph (1) shall require competitors to demonstrate the effectiveness of their innovations over a period of not more than 5 years. (3) Guidance and access to testing facilities The Secretary and the Commissioner of Food and Drugs may cooperate with qualified competitors in the prize competitions under paragraph (1) by providing guidance and access to testing facilities. (4) Number of Prize Competitions The Director shall conduct— (A) a total of not more than 5 prize competitions under this section; and (B) not more than 2 such prize competitions with respect to any disease or condition. (f) Tracking; reporting The Director of NIH shall— (1) collect information on— (A) the medical efficacy of innovations funded through the prize competitions under subsection (e); and (B) the actual and potential effect of the innovations on Federal expenditures; and (2) not later than one year after the conclusion of the prize competitions under subsection (e), and not later than the end of each of the 4 succeeding years, submit to the Congress a report on the information collected under paragraph (1). (g) Intellectual property (1) Prohibition on the government acquiring intellectual property rights The Federal Government may not gain an interest in intellectual property developed by a participant in a prize competition under subsection (e) without the written consent of the participant. (2) Licenses The Federal Government may negotiate a license for the use of intellectual property developed by a participant in a prize competition under subsection (e). (h) Authorization of appropriations (1) In general To carry out this section, in lieu of amounts authorized to be appropriated by section 402A, there are authorized to be appropriated $50,000,000. (2) Minimum percentage for prizes Of the total assistance awarded to private entities under subsection (e) (including in-kind contributions and testing or other technical support) to implement any prize competition under this section— (A) not more than 30 percent of such assistance shall be for administration of the prize competition; and (B) not less than 70 percent of such assistance shall be awarded as prizes to competitors in the prize competition. . (b) Prizes excluded from gross income of recipients (1) In general Section 74 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (d) Certain prizes for improving health outcomes Gross income shall not include the value of any prize received by the taxpayer pursuant to a prize competition under section 409K of the Public Health Service Act (as in effect immediately after the enactment of this subsection). . (2) Effective date The amendment made by this subsection shall apply to taxable years ending after the date of the enactment of this Act.	https://www.govinfo.gov/content/pkg/BILLS-113hr5790ih/xml/BILLS-113hr5790ih.xml
113-hr-5791	I 113th CONGRESS 2d Session H. R. 5791 IN THE HOUSE OF REPRESENTATIVES December 4, 2014 Mr. Mullin (for himself, Mr. Schock , Mr. Perry , Mr. Lucas , Mr. Cotton , Mr. Ribble , Mr. Rokita , Mr. Hudson , Mr. Graves of Georgia , Mr. Pitts , and Mr. Rogers of Alabama ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To increase transparency and provide for judicial review of administrative fines, and for other purposes. 1. Short title This Act may be cited as the Fines in Need of Extensive Reform Act of 2014 or the FINER Act of 2014 . 2. Assessment of fines (a) Effective date of rules that provide for the assessment of a fine In the case of a rule that provides for an assessment of a fine for a violation of that rule, the rule may not take effect until the date that is 90 days after the date on which the Federal department or agency that made the rule, makes publicly available on the department or agency’s Internet website, the rule, the information relating to the rule described in section 3(c), and any relevant guidance documents relating to the enforcement of the rule. Any fine assessed pursuant to such a rule before such 90-day period shall be void. The head of such a Federal department or agency may, in consultation with entities to which the rule applies, further delay the assessment of fines pursuant to the rule in order to provide such entities with sufficient time to comply with the requirements of the rule. (b) Provision of information regarding the fine At the time of the assessment of an administrative fine, the Federal department or agency assessing the fine shall provide the person against which the fine is imposed with all relevant information regarding the fine, including— (1) the rule which the person is charged with violating, and the location of that rule in the Code of Federal Regulations; (2) the facts, based on which the person is charged with violating the rule; (3) the amount of the fine; (4) how the department or agency determined the amount of the fine; and (5) the court date or information described in section 4(b). (c) Assignment of fine to a officer or employee of a Federal department or agency No fine may be assessed by a Federal department or agency unless there is an officer or employee of such Federal department or agency who is responsible for assessing the fine. 3. Consistency in assessment of administrative fines (a) In general The head of a Federal department or agency shall ensure that administrative fines assessed by that department or agency are assessed in a consistent manner. (b) Publication on the Internet Not later than 180 days after the enactment of this Act, and annually thereafter, the head of a Federal department or agency that assesses administrative fines shall make publicly available on that department or agency’s Internet website, for any rule for which the department or agency that enforces the rule may assess an administrative fine for a violation of such rule, the information described in subsection (c) and any relevant guidance documents relating to the enforcement of the rule. The head of a Federal department or agency that is required to publish information under this subsection shall ensure that the information is published in a searchable, and easily accessible format. (c) Publication in the Federal Register Not later than January 1, 2015, and annually thereafter, the head of a Federal department or agency that assesses administrative fines shall publish in the Federal Register, for any rule for which the department or agency that enforces the rule may assess an administrative fine for a violation of such rule, detailed information regarding— (1) the location of the rule in the Code of Federal Regulations; (2) information on where persons subject to the rule may direct questions or concerns relating to the rule; (3) the amount of the fine that will be assessed; and (4) the facts that will be considered in the determination of, for the rule violation— (A) whether a fine will be assessed; and (B) if a fine will be assessed, the amount of the fine that will be assessed. 4. Judicial review of administrative fines (a) In general Notwithstanding any other provision of law, in any case in which an administrative fine is assessed against a person (as such term is defined in section 1 of title 1, United States Code), that person may pay the fine, or challenge the imposition of the fine in the Federal district court for the district in which that person resides or has a principal place of business, in accordance with this section. (b) Court date (1) In general At the time of the assessment of an administrative fine, the Federal department or agency assessing the fine shall provide the person against which the fine is imposed with— (A) a date on which the person may appear to contest the administrative fine in the Federal district court referred to in subsection (a), as provided by that Federal district court; or (B) information on how the Federal district court referred to in subsection (a) will— (i) assign the person a date on which the person may appear to contest the administrative fine; and (ii) notify the person about that date. (2) Court rules and procedures A Federal district court may adopt such rules and procedures as may be necessary to hear challenges of administrative fines in a timely manner, in accordance with this section. (c) Presence of officer or employee of Federal department or agency in court In the case of a person contesting an administrative fine pursuant to this section, the officer or employee of the Federal department or agency who assessed the fine shall be present in court for all proceedings related to the contesting of such fine, or the violation for which the fine was assessed shall be dismissed, and the person against whom the fine was assessed shall not be required to pay such fine. In the case of an officer or employee who, at the time of the court date, is no longer employed by the Federal department or agency, the immediate superior officer or employee shall be present in court for any such court proceedings. (d) Payment of fine In the case of a person contesting an administrative fine in Federal court or through alternative dispute resolution pursuant to this section, the person shall not be required to pay the fine until a final judgment is entered that requires the person to pay the fine, and that no additional interest or penalties should accrue while the fine is contested. (e) Alternative dispute resolution The enforcing agency shall provide the opportunity for the person fined to undergo alternative means of dispute resolution, as defined in section 571(3) of title 5, United States Code, by a neutral third party, unless the person contests in Federal district court. (f) Costs A person who contests an administrative fine in court pursuant to this section and prevails, may recover reasonable court costs, including attorney fees. 5. Deposit of administrative fines into Treasury Notwithstanding any other provision of law, in the case of an administrative fine that is paid— (1) except as provided in section 3718(d) of title 31, United States Code, the full amount of the fine shall be deposited into the Treasury; and (2) the fine may not be used to supplement or offset the appropriations of the Federal department or agency that assessed the fine. 6. Administrative fine defined In this Act, the term administrative fine means any fine or penalty assessed by a Federal department or agency, but does not include user fees, criminal fines or penalties, or any fine imposed by a court.	https://www.govinfo.gov/content/pkg/BILLS-113hr5791ih/xml/BILLS-113hr5791ih.xml
113-hr-5792	I 113th CONGRESS 2d Session H. R. 5792 IN THE HOUSE OF REPRESENTATIVES December 4, 2014 Mr. Kind (for himself, Mr. Neal , and Mr. Gerlach ) 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 establish a special rule for determining normal retirement age for certain existing defined benefit plans. 1. Clarification of the normal retirement age (a) Amendments to ERISA Section 204 of the Employee Retirement Income Security Act of 1974 is amended by redesignating subsection (k) as subsection (l) and by inserting after subsection (j) the following new subsection: (k) Special rule for determining normal retirement age for certain existing defined benefit plans (1) In general For purposes of section 3(24), an applicable plan shall not be treated as failing to meet any requirement of this title, or as failing to have a uniform normal retirement age for purposes of this title, solely because the plan has adopted the normal retirement age described in paragraph (2). (2) Applicable plan For purposes of this subsection— (A) In general The term applicable plan means a defined benefit plan that, on or before the date of the introduction of this subsection, has adopted a normal retirement age which is the earlier of— (i) an age otherwise permitted under section 3(24), or (ii) the age at which a participant completes the number of years (not less than 30 years) of benefit accrual service specified by the plan. A plan shall not fail to be treated as an applicable plan solely because, as of such date, the normal retirement age described in the preceding sentence only applied to certain participants or to certain employers participating in the plan. (B) Expanded application Subject to subparagraph (C), if, after the date described in subparagraph (A), an applicable plan expands the application of the normal retirement age described in subparagraph (A) to additional participants or participating employers, such plan shall be treated as an applicable plan also with respect to such participants or participating employers. (C) Limitation on expanded application A defined benefit plan shall be an applicable plan only with respect to an individual who— (i) is a participant in the plan on or before January 1, 2017, or (ii) is an employee at any time on or before January 1, 2017 of any employer participating in the plan, and who becomes a participant in such plan after such date. . (b) Amendment to 1986 Code Section 411 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (f) Special rule for determining normal retirement age for certain existing defined benefit plans (1) In general For purposes of subsection (a)(8), an applicable plan shall not be treated as failing to meet any requirement of this subchapter, or as failing to have a uniform normal retirement age for purposes of this subchapter, solely because the plan has adopted the normal retirement age described in paragraph (2). (2) Applicable plan For purposes of this subsection— (A) In general The term applicable plan means a defined benefit plan that, on or before the date of the introduction of this subsection, has adopted a normal retirement age which is the earlier of— (i) an age otherwise permitted under subsection (a)(8), or (ii) the age at which a participant completes the number of years (not less than 30 years) of benefit accrual service specified by the plan. A plan shall not fail to be treated as an applicable plan solely because, as of such date, the normal retirement age described in the preceding sentence only applied to certain participants or to certain employers participating in the plan. (B) Expanded application Subject to subparagraph (C), if, after the date described in subparagraph (A), an applicable plan expands the application of the normal retirement age described in subparagraph (A) to additional participants or participating employers, such plan shall be treated as an applicable plan also with respect to such participants or participating employers. (C) Limitation on expanded application A defined benefit plan shall be an applicable plan only with respect to an individual who— (i) is a participant in the plan on or before January 1, 2017, or (ii) is an employee at any time on or before January 1, 2017, of any employer participating in the plan, and who becomes a participant in such plan after such date. . (c) Effective date The amendments made by this section shall apply to all periods before, on, and after the date of enactment of this Act.	https://www.govinfo.gov/content/pkg/BILLS-113hr5792ih/xml/BILLS-113hr5792ih.xml
113-hr-5793	I 113th CONGRESS 2d Session H. R. 5793 IN THE HOUSE OF REPRESENTATIVES December 4, 2014 Mr. Royce (for himself and Ms. Jenkins ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To ensure the integrity of any software, firmware, or product developed for or purchased by the United States Government that uses a third party or open source component, and for other purposes. 1. Short title This Act may be cited as the Cyber Supply Chain Management and Transparency Act of 2014 . 2. Software, firmware, or product with known security vulnerabilities or defects (a) OMB guidelines required (1) Clauses required in software, firmware, or product contracts for software, firmware, or product created with a binary component Not later than 180 days after the date of the enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Secretary of Defense, the Secretary of Homeland Security, and any other intelligence or national security agency the Director determines to be necessary, shall issue guidelines for each agency that require including the following clauses in any contract for the acquisition of software, firmware, or product that contains a binary component: (A) Component list A clause that requires the inclusion of a comprehensive and confidentially supplied list, or a bill of materials, of each binary component of the software, firmware, or product that is used in the software, firmware, or product. (B) Verification required A clause that requires the contractor providing the software, firmware, or product— (i) to verify that the software, firmware, or product does not contain any known security vulnerabilities or defects that are listed in the National Institute of Standards and Technology National Vulnerability Database and any additional database selected by the Director of the Office of Management and Budget (that is credible and similar to the National Vulnerability Database) that tracks security vulnerabilities and defects in a binary component, and that is necessary to capture a wider list of binary components (with known security vulnerabilities or defects and for which a less vulnerable alternative is available); and (ii) to notify the purchasing agency of any known security vulnerabilities or defects discovered through the verification required under clause (i). (C) Waiver A clause that requires— (i) a contractor to submit a written application, and obtain a waiver, for each binary component that is known to be vulnerable from the head of the purchasing agency; and (ii) if the head of the purchasing agency approves the waiver, such head shall provide the contractor with a written statement that the agency accepts all of the risk associated with the use of such binary component. (D) Updates A clause that requires such software, firmware, or product to be written or designed in a manner that allows for any future security vulnerability or defect in any part of the software, firmware, or product to be easily patched, updated, or replaced to fix the vulnerability or defect in the software, firmware, or product. (E) Timely repair A clause that requires the contractor to provide a repair in a timely manner with regard to any new security vulnerability discovered through any of the databases described in subparagraph (B). (2) Disclosure of security vulnerability or defect 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 guidelines for each agency with respect to any software, firmware, or product in use by the United States Government that contains a binary component that requires each agency to have a process— (A) to replace any currently known vulnerable binary component; and (B) to remove and repair any new vulnerable binary component after such component becomes known pursuant to paragraph (1)(B). (3) Agency guidelines (A) Software, firmware, or product that can not be fixed or patched Not later than 220 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall issue guidelines for each agency with respect to any software, firmware, or product that contains a known vulnerable binary component— (i) that can not be fixed, patched, or updated; and (ii) that requires such component, to migrate to patchable, repairable, and fixable products. (B) Inventory of existing software, firmware, or product with a known vulnerable binary component Not later than 20 months after the date of the enactment of this Act, the Director of the Office of Budget of Management shall instruct each agency to provide the relevant office in the Department of Homeland Security with a list of each known vulnerable binary in any software, firmware or product in use by each agency. (C) Analysis of project integrity and annual report Not later than twelve months after all lists described in subparagraph (B) are provided to the Department of Homeland Security, the Secretary of Homeland Security shall issue an annual confidential report describing the security vulnerabilities of the projects that created any known vulnerable binary component in any list described in subparagraph (B) and through the verification required under paragraph (1)(B). The report shall assess the integrity of binary component suppliers for the incidence of security vulnerabilities, the severity, the mean time to remediate such vulnerabilities that can be applied to assess the security of binary projects and suppliers, for use by other agencies. (b) Report on removal of binary component with known security vulnerability or defect Not later than 30 months after the date of the enactment of this Act, the head of each agency shall submit to each relevant Committee of jurisdiction in the House of Representatives and the Senate a report on the completion of the removal of each binary component with known security vulnerabilities or defects in the agency and shall include a classified version of this report for the Permanent Select Committee on Intelligence and the Committees on Armed Services, Foreign Affairs, and Homeland Security of the House of Representatives and the Select Committee on Intelligence and the Committees on Armed Services, Foreign Affairs, and Homeland Security and Governmental Affairs of the Senate. The report shall also detail the policies, procedures, and processes by which a newly discovered vulnerable binary component is replaced in software, firmware, and products in use by the United States Government. (c) Other entities of the United States Government Any other entity of the United States Government— (1) shall replace any vulnerable binary component with another less vulnerable alternative in any software, firmware, or product in use by the entity; and (2) shall begin such replacement process with critical systems. (d) Definitions In this section: (1) Agency The term agency has the meaning given that term in section 551(1) of title 5, United States Code. (2) Binary component The term binary component means a third party or open source component.	https://www.govinfo.gov/content/pkg/BILLS-113hr5793ih/xml/BILLS-113hr5793ih.xml
113-hr-5794	I 113th CONGRESS 2d Session H. R. 5794 IN THE HOUSE OF REPRESENTATIVES AN ACT To designate the facility of the United States Postal Service located at 16105 Swingley Ridge Road in Chesterfield, Missouri, as the Sgt. Zachary M. Fisher Post Office . 1. Sgt. Zachary M. Fisher Post Office (a) Designation The facility of the United States Postal Service located at 16105 Swingley Ridge Road in Chesterfield, Missouri, shall be known and designated as the Sgt. Zachary M. Fisher Post Office . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Sgt. Zachary M. Fisher Post Office . Passed the House of Representatives December 8, 2014. Karen L. Haas, Clerk.	https://www.govinfo.gov/content/pkg/BILLS-113hr5794eh/xml/BILLS-113hr5794eh.xml
113-hr-5795	I 113th CONGRESS 2d Session H. R. 5795 IN THE HOUSE OF REPRESENTATIVES December 4, 2014 Mr. Crowley (for himself and Mr. Fortenberry ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To seek the establishment of and contributions to an International Fund for Israeli-Palestinian Peace. 1. Short title This Act may be cited as the International Fund for Israeli-Palestinian Peace Authorization Act of 2014 . 2. Findings and purposes (a) Findings Congress finds the following: (1) Peaceful co-existence in the Middle East between Israelis and Palestinians, and between Muslims, Christians, Jews, and those of all backgrounds is in the interests of the United States, Israel, the Palestinian people, and the world. (2) While the United States and its international allies continue to support diplomatic and political negotiations between the representatives of the parties to the conflict as well as others, in the long run such efforts require broad popular support among peoples in order to succeed. In order to achieve lasting peace in the region, the people who live there must, over time, sustain any potential high-level agreements. (3) Through many independent individual and nongovernmental activities, tens of thousands of peoples of different backgrounds are already working together to build better relations between peoples, through people-to-people coexistence and trust-building measures, activities, and other cooperative efforts. (4) By working cooperatively on shared goals and addressing mutual understanding, participants in such activities, including youth, can come to reject violence and understand the promise of peaceful coexistence. (5) Through support for people-to-people exchanges in the region and joint economic initiatives, millions of ordinary citizens affected by this conflict can assist in building support for lasting peace. (6) Working together, the United States, countries around the world, and the private sector can help sustain support for peace with the establishment and funding of an independent International Fund for Israeli-Palestinian Peace (referred to in this Act as the International Fund ), to promote and support contact, cooperation, dialogue, shared community building, peaceful coexistence, joint economic development, and reconciliation between Israelis and Palestinians. (7) United States and international support for grassroots people-to-people efforts can help serve as an antidote to false propaganda by terrorist groups. (8) The International Fund shall serve as a coordinating body offering expertise and support, adhering to best practices for governance, transparency, and accountability. The International Fund will be an ongoing presence and catalyst for rejecting violence and building broad public support for sustaining peace in the region. The International Fund is not intended to be a political forum, but a grant-making body to facilitate enduring people-to-people relationships. (b) Purposes The purposes of this Act are as follows: (1) To urge the President to make every effort, in conjunction with the Government of Israel, the Palestinian Authority, regional governments, and the international community to establish a non-political, mutually acceptable International Fund to promote and support contact, cooperation, dialogue, shared community building, peaceful coexistence, joint economic development, and reconciliation between Israelis and Palestinians. (2) To provide for United States contributions to consist of amounts made available to carry out chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq. (relating to the Economic Support Fund)) for payment to the International Fund to carry out the activities described in paragraph (1). 3. Establishment of International Fund for Israeli-Palestinian Peace Congress urges the President to make every effort, in conjunction with the Government of Israel, the Palestinian Authority, and the international community, to establish an International Fund for Israeli-Palestinian Peace to carry out the purposes described in section 2(b). 4. United States contributions to the International Fund for Israeli-Palestinian Peace (a) In general Of the amounts made available for each of fiscal years 2015 through 2019 to carry out chapter 4 of part II of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2346 et seq. (relating to the Economic Support Fund)), $50,000,000 is authorized to be appropriated for United States contributions to the International Fund. (b) Additional authorities Amounts authorized to be appropriated pursuant to subsection (a)— (1) are in addition to amounts otherwise authorized to be appropriated for such purposes; and (2) are authorized to remain available until expended. 5. Conditions and understandings relating to International Fund for Israeli-Palestinian Peace (a) Support and promotion of purposes United States contributions to the International Fund provided for in section 4 may be used only to support and promote the purposes described in section 2(b). (b) Additional restrictions The restrictions described in section 531(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2346(e)) shall apply to United States contributions to the International Fund provided for in section 4 to the same extent and in the same manner as such restrictions apply to amounts made available to carry out chapter 4 of part II of the Foreign Assistance Act of 1961. (c) United States representation on board of International Fund The United States shall provide two representatives to the Advisory Board of the International Fund with specialized expertise in promoting contact, cooperation, dialogue, shared community building, peaceful coexistence, joint economic development, and reconciliation between Israelis and Palestinians. The United States representatives on the Advisory Board of the International Fund shall be from different political parties, and in making appointments, members of different political parties shall be appointed alternately as nearly as may be practicable. 6. Annual report (a) In general At the end of each fiscal year in which the United States Government makes any contribution to the International Fund in accordance with this Act, the President shall submit to Congress a written report on the extent to which the International Fund and United States contributions to the International Fund have contributed to promoting and supporting contact, cooperation, dialogue, shared community building, peaceful coexistence, joint economic development, and reconciliation between Israelis and Palestinians. (b) Matters To be included Such report shall also include the following: (1) Contributions pledged to, contributions (including donations from the private sector) received by, and projects funded by the International Fund, and the mechanisms established for transparency and accountability in the grant-making process. (2) A description of the International Fund’s operations, activities, budget, receipts, and expenditures for the preceding 12-month period, including an audited report of the International Fund’s finances, including statements of financial position, operations, and cash flows, in accordance with the United States generally accepted government auditing standards as prescribed by the Comptroller General.	https://www.govinfo.gov/content/pkg/BILLS-113hr5795ih/xml/BILLS-113hr5795ih.xml
113-hr-5796	I 113th CONGRESS 2d Session H. R. 5796 IN THE HOUSE OF REPRESENTATIVES December 4, 2014 Mr. Delaney introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To give States the option of addressing emissions of greenhouse gases from existing stationary sources by pricing emissions. 1. Short title This Act may be cited as the State’s Choice Act of 2014 . 2. State option to impose a carbon tax (a) Applicability This section applies with respect to any regulation to address climate change issued by the Administrator of the Environmental Protection Agency under section 111(d) of the Clean Air Act ( 42 U.S.C. 7411(d) ) for emissions of any greenhouse gas from an existing stationary source. (b) State option (1) Option Subject to paragraph (2), a regulation described in subsection (a) shall allow a State the option to impose a carbon tax with respect to greenhouse gas emissions from an existing stationary source instead of, or in conjunction with, applying a standard of performance for such emissions from such existing stationary source. (2) Reevaluation The Administrator of the Environmental Protection Agency shall— (A) in 2025, conduct an evaluation of any carbon tax imposed by a State pursuant to this subsection to determine whether such tax, together with any other relevant measures of the State, will, by the end of 2030, achieve the greenhouse gas reduction goals of the regulations described in subsection (a) which the tax is intended to replace (in whole or in part); and (B) if the Administrator determines that the tax, together with any other relevant measures of the State, will not achieve such goals, require the State to increase the tax by the amount determined necessary by the Administrator to achieve such goals. (3) Limitation The option described in paragraph (1) shall not be available to a State if the Administrator determines that— (A) such State is materially undermining the effectiveness of the carbon tax in decreasing greenhouse gas emissions through other policy changes; or (B) the Administrator has required the State to increase its tax, as described in paragraph (2)(B), and the State has not complied with such requirement. (c) Definitions In this Act: (1) Carbon dioxide equivalent The term carbon dioxide equivalent means, for each greenhouse gas, the quantity of greenhouse gas that the Administrator of the Environmental Protection Agency determines makes the same contribution to global warming as 1 metric ton of carbon dioxide. (2) Carbon tax The term carbon tax means an excise tax— (A) (i) on emissions of any greenhouse gas; or (ii) on a fossil fuel based on emissions of any greenhouse gas that will result from the use of such fossil fuel; (B) that in 2015, is not less than $20 per metric ton of carbon dioxide equivalent; and (C) that in each subsequent year, increases by not less than 4 percent above inflation, as measured by the Consumer Price Index for all urban consumers (all items; United States city average). (3) Existing stationary source The term existing stationary source has the meaning given to the term existing source in section 111(a)(6) of the Clean Air Act ( 42 U.S.C. 7411(a)(6) ). (4) Greenhouse gas The term greenhouse gas means any of the following: (A) Carbon dioxide. (B) Methane. (C) Nitrous oxide. (D) Sulfur hexafluoride. (E) Hydrofluorocarbons. (F) Perfluorocarbons. (5) Stationary source The term stationary source has the meaning given such term in section 111(a)(3) of the Clean Air Act ( 42 U.S.C. 7411(a)(3) ).	https://www.govinfo.gov/content/pkg/BILLS-113hr5796ih/xml/BILLS-113hr5796ih.xml
113-hr-5797	I 113th CONGRESS 2d Session H. R. 5797 IN THE HOUSE OF REPRESENTATIVES December 4, 2014 Ms. DeLauro introduced the following bill; which was referred to the Committee on Appropriations , 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 make a supplemental appropriation for the Public Health Emergency Fund, and for other purposes. 1. Short title This Act may be cited as the Public Health Emergency Preparedness Act . 2. Supplemental appropriation for the Public Health Emergency Fund (a) Appropriation There is appropriated, out of any money in the Treasury not otherwise appropriated, for an additional amount for carrying out section 319(a) of the Public Health Service Act, $5,000,000,000, to be available until expended. Such amount shall be deposited into the Fund established under section 319(b) of such Act. (b) Emergency designation The amount made available by subsection (a)— (1) is designated by Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985; and (2) shall be available only if the President subsequently so designates such amount. (c) Deposit in Strategic National Stockpile The activities under section 319(a) of the Public Health Service Act that are funded under this section may include the acquisition of products for deposit into the strategic national stockpile maintained under section 319F–2 of such Act. 3. Exemption of the Public Health Emergency Fund from sequestration (a) In general Section 255(g)(1)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting Public Health Emergency Fund (009–91–9913). after the item relating to Postal Service Fund (18–4020–0–3–372). . (b) Application The amendment made by subsection (a) shall apply to any sequestration order issued under such Act on or after the date of enactment of this section.	https://www.govinfo.gov/content/pkg/BILLS-113hr5797ih/xml/BILLS-113hr5797ih.xml
113-hr-5798	I 113th CONGRESS 2d Session H. R. 5798 IN THE HOUSE OF REPRESENTATIVES December 4, 2014 Mr. Fincher (for himself and Mr. Heck of Washington ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To provide for a one-year extension of the extended period of protections for members of uniformed services relating to mortgages, mortgage foreclosure, and eviction under the Servicemembers Civil Relief Act. 1. Short title This Act may be cited as the Stability for Service Members Act . 2. One-year extension of extended period of protections for members of uniformed services relating to mortgages, mortgage foreclosure, and eviction under Servicemembers Civil Relief Act 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; 50 U.S.C. App. 533 note) is amended— (1) in paragraph (1), by striking December 31, 2014 and inserting December 31, 2015 ; and (2) in paragraph (3), by striking January 1, 2015 and inserting January 1, 2016 .	https://www.govinfo.gov/content/pkg/BILLS-113hr5798ih/xml/BILLS-113hr5798ih.xml
113-hr-5799	I 113th CONGRESS 2d Session H. R. 5799 IN THE HOUSE OF REPRESENTATIVES December 4, 2014 Mr. Fleming introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committees on Rules and Appropriations , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish a commission to conduct a comprehensive review of Federal agencies and programs and to recommend the elimination or realignment of duplicative, wasteful, or outdated functions, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Realign and Eliminate Duplicative Unnecessary Costly Excess in Government Act of 2014 or the REDUCE Government Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Establishment of Commission. Sec. 4. Duties of the Commission. Sec. 5. Powers of the Commission. Sec. 6. Commission personnel matters. Sec. 7. Termination of the Commission. Sec. 8. Closure and realignment of agencies and programs. Sec. 9. Congressional consideration of commission recommendations. Sec. 10. Offsetting rescissions. 2. Definitions In this Act: (1) Agency The term agency has the meaning given the term Executive agency under section 105 of title 5, United States Code. (2) Calendar day The term calendar day means a calendar day other than one on which either House is not in session because of an adjournment of more than three days to a date certain. (3) State The term State means each of the several States, the District of Columbia, each territory or possession of the United States, and each federally recognized Indian tribe. 3. Establishment of Commission (a) Establishment There is established the Federal Realignment and Closure Commission (hereafter in this Act referred to as the Commission ). (b) Membership (1) Number and appointment The Commission shall be composed of 9 members, appointed by the President by and with the advice and consent of the Senate as follows: (A) Two in consultation with the Speaker of the House of Representatives. (B) One in consultation with the minority leader of the House of Representatives. (C) Two in consultation with the majority leader of the Senate. (D) One in consultation with the minority leader of the Senate. (2) Member restriction A member of the Commission may not be a sitting Member of Congress or a current employee of the executive branch. (3) Chairman and vice chairman At the time the President appoints individuals to the Commission under this paragraph, the President shall designate 1 such individual who shall serve as chairman and 1 such individual who shall serve as vice chairman. The chairman and vice chairman may not be of the same political party. (c) Period of appointment; vacancies Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Initial Meeting Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (e) Meetings The Commission shall meet at the call of the chairman. (f) Quorum A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. 4. Duties of the Commission (a) Systematic Assessment of Programs by the Commission (1) In general Except as provided in paragraph (4), not later than 180 days after the date of enactment of this Act, the Commission shall establish a systematic method for assessing the effectiveness and accountability of agency programs in accordance with paragraph (2) and divide the programs into three approximately equal budgetary groupings based on the size of the budget and number of personnel of the agency program. (2) Method objectives The method established under paragraph (1) shall— (A) recognize different types of Federal programs; (B) assess programs based on the achievement of performance goals (as defined under section 1115(h)(9) of title 31, United States Code); (C) assess programs based in part on the adequacy of the program’s performance measures, financial management, and other factors; (D) assess programs based in part on whether the program has fulfilled the legislative intent surrounding the creation of the program, taking into account any change in legislative intent during the program’s existence; and (E) assess programs based in part on collaborative analysis, with the program or agency, of program policy and goals which may not fit into easily measurable performance goals. (3) Comptroller general recommendations The Comptroller General of the United States shall— (A) assist the Commission, to the extent requested, in the Commission’s evaluation of agencies and programs under subsection (b)(1); and (B) by no later than March 30 of each year in which an evaluation is carried out under subsection (b)(1), submit to the Commission a report containing the Comptroller General’s recommendations for the agencies and programs that should be realigned or eliminated within the grouping evaluated that year. (4) Department of Defense exemption The Commission shall not consider Department of Defense programs. (b) Evaluation, Plan, and Recommendations (1) Evaluation Subject to subsection (e), during each of 2015, 2017, and 2019 the Commission shall evaluate all agencies, and programs within those agencies, in a grouping identified in the assessment under subsection (a), with one grouping evaluated each year over those three years, using the criteria under paragraph (3). In carrying out the evaluation, the Commission shall consider the report of the Comptroller General submitted under subsection (a)(3). (2) Plan and recommendations (A) In general Not later than June 30 of a year in which an evaluation is carried out under paragraph (1), the Commission shall, with respect to the evaluation carried out during that year, submit to the President and Congress a plan with recommendations of the agencies and programs that should be realigned or eliminated within the grouping evaluated that year. (B) Implementation description required The plan described in subparagraph (A) shall include a detailed description of the actions necessary to implement the plan and complete the reorganization, including a projected timetable for completion of the implementation process. (C) Plan approval The plan must be approved by at least 5 members of the Commission. (3) Criteria (A) In general The Commission shall evaluate the efficiency and public need for each agency using the following criteria: (i) The effectiveness, and the efficiency of the operation of, the programs carried out by each such agency. (ii) Whether the programs carried out by the agency are cost effective. (iii) Whether the agency or program has acted outside the scope of its original authority, and whether the original objectives of the agency have been achieved. (iv) The extent to which the jurisdiction of, and the programs administered by, the agency duplicate or conflict with the jurisdiction and programs of other agencies. (v) The potential benefits of consolidating programs administered by the agency with similar or duplicative programs of other agencies, and the potential for consolidating such programs. (vi) The extent to which the agency has complied with the applicable provisions contained in sections 1115, 1116, 1120, 1121, 1123, and 1124 of title 31, United States Code, and section 306 of title 5, United States Code, as well as recommendations contained in the reports required by such sections. (vii) The extent to which State and local governments already collect information or perform services conducted by the Federal program or agency. (B) Duplicative If 2 or more agencies or programs are performing the same essential function and the function can be consolidated or streamlined into a single agency or program, the Commission shall recommend that the agencies or programs be realigned. (C) Wasteful or inefficient The Commission may recommend the realignment or elimination of any agency or program that has wasted Federal funds by— (i) spending funds on items outside the authorized mission or purpose of the agency or program; (ii) mismanagement of resources and personnel; or (iii) use of such funds for personal benefit or the benefit of a special interest group. (D) Outdated, irrelevant, or failed The Commission shall recommend the elimination of any agency or program that— (i) has completed its intended purpose, if such purpose is defined under the law; (ii) has become irrelevant; or (iii) has failed to meet its objectives. (4) Relocation of Federal employees The plan under paragraph (2) shall provide that if the position of an employee of an agency is eliminated as a result of the implementation of the plan, the affected agency shall make reasonable efforts to relocate such employee to another position within the agency or within another Federal agency. (5) Use of savings All funds saved by the implementation of the plan shall be used for deficit reduction. (6) Limitation on recommendations in plan The plan under paragraph (2)— (A) may not recommend the creation of a new agency, unless such agency is the result of a consolidation of existing agencies, the result of such consolidation producing an overall reduction in amounts provided in annual appropriations Acts and the number of personnel; (B) may recommend the removal of part of an agency from an agency; and (C) may not recommend— (i) continuing an agency beyond the period authorized by law for its existence or beyond the time when it would have terminated if the realignment had not been made; (ii) continuing a function beyond the period authorized by law for its exercise or beyond the time when it would have terminated if the realignment had not been made; (iii) authorizing an agency to exercise a function which is not expressly authorized by law at the time the plan is transmitted to Congress; (iv) increasing the term of an office beyond that provided by law for the office; (v) the consolidation or realignment of any entity outside of the executive branch, including moving an agency outside the executive branch; or (vi) the modification of any funding that is not an appropriation. (7) Information to Members of Congress After June 30 of each year in which the Commission submits a plan and recommendations to the President and Congress under this subsection, the Commission shall promptly provide, upon request, to any Member of Congress information used by the Commission in making its recommendations. (c) Consideration of suggestions from public through website In carrying out its duties under this Act, the Commission shall— (1) establish a website for the purpose of allowing any member of the public to submit suggestions to the Commission for its consideration; and (2) consider each such suggestion submitted through the website. (d) Review by the President (1) Evaluation required The President shall, by no later than August 15 of a year in which the Commission carries out an evaluation under subsection (b)(1), transmit to the Commission and to Congress a report containing the President’s approval or disapproval of the Commission’s plan and recommendations. (2) Approval of plan The President may approve the plan and recommendations of the Commission if the President finds that the plan is in accordance with the criteria and limitation described in paragraphs (3) and (6) of subsection (b), respectively. If the President approves all the plan and recommendations of the Commission, the President shall transmit a copy of such plan and recommendations to Congress, together with a certification of such approval. (3) Disapproval of plan If the President disapproves the plan and recommendations of the Commission, in whole or in part, the President shall transmit to the Commission and Congress the reasons for that disapproval. The Commission shall then transmit to the President, by no later than September 15 of the year in which the evaluation was carried out, a revised list of recommendations for the closure or realignment of agencies and programs. (4) Approval of revised plan If the President finds that the revised plan is in accordance with the criteria and limitation described in paragraphs (3) and (6) of subsection (b), respectively, and approves all of the revised plan and recommendations of the Commission transmitted to the President under paragraph (3), the President shall transmit a copy of such revised plan and recommendations to Congress, together with a certification of such approval. (5) Termination of assessment If the President does not transmit to Congress an approval and certification described in paragraph (2) or (4) by October 15 of any year in which the Commission has transmitted its plan and recommendations to the President under this section, the process by which agencies and programs may be selected for realignment or elimination under this Act with respect to that year shall be terminated. (e) Carryforward of grouping and evaluation If the process by which agencies and programs may be selected for realignment or elimination under this Act with respect to a year is terminated under subsection (d)(5) if the termination occurs in 2015 or 2017, the grouping of agencies and programs evaluated that year shall be included in the grouping evaluated under subsection (b)(1) in the next year an evaluation is conducted. 5. Powers of the Commission (a) Hearings (1) In general The Commission or, at its direction, any subcommittee or member of the Commission, may, for the purpose of carrying out this Act— (A) hold such hearings, sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths as any member of the Commission considers advisable; (B) require, by subpoena or otherwise, the attendance and testimony of such witnesses as any member of the Commission considers advisable; and (C) require, by subpoena or otherwise, the production of such books, records, correspondence, memoranda, papers, documents, tapes, and other evidentiary materials relating to any matter under investigation by the Commission. (2) Testimony under oath All testimony before the Commission shall be under oath. (b) Issuance and Enforcement of Subpoenas (1) Issuance Subpoenas issued under subsection (a) shall bear the signature of the chairman of the Commission and shall be served by any person or class of persons designated by the chairman for that purpose. (2) Enforcement In the case of contumacy or failure to obey a subpoena issued under subsection (a), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court. (c) Information From Federal Agencies The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this Act. Upon request of the chairman of the Commission, the head of such department or agency shall furnish such information to the Commission. (d) Postal Services The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. 6. Commission personnel matters (a) Compensation of Members (1) Non-federal members Except as provided under subsection (b), each member of the Commission who is not an officer or employee of the Federal Government shall not be compensated. (2) Federal employees All members of the Commission who are employees of the United States shall serve without compensation in addition to that received for their services as employees of the United States. (b) Travel Expenses The members 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. (c) Staff (1) In general The chairman of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation Upon the approval of the chairman, the executive director may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the maximum rate payable for a position at GS–15 of the General Schedule under section 5332 of such title. (3) Personnel as Federal employees (A) In general The executive director and any personnel of the Commission who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title. (B) Members of commission Subparagraph (A) shall not be construed to apply to members of the Commission. (d) Detail of Government Employees Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Security clearance As a condition of appointment to or employment with the Commission, the members and staff of the Commission shall hold appropriate security clearances for access to any classified briefing, records, and materials that may be reviewed by the Commission or its staff and shall follow the guidance and practices on security under applicable Executive orders and agency directives. (f) Library of Congress Upon the request of the Commission, the Librarian of Congress shall provide to the Commission, on a reimbursable basis, administrative support services, research services, and research staff necessary for the Commission to carry out its responsibilities under this Act. (g) Procurement of Temporary and Intermittent Services The chairman of 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 exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. 7. Termination of the Commission The Commission shall terminate 120 days after the date on which the Commission submits the final plan and recommendations under section 3(b). 8. Closure and realignment of agencies and programs (a) In general Subject to subsection (b), the President shall— (1) eliminate all agencies and programs recommended for elimination by the Commission in each report submitted to Congress by the President under section 4(d); (2) realign all agencies and programs recommended for realignment by such Commission in each such report; (3) initiate all such eliminations and realignments no later than 2 years after the date on which the President submits a report to Congress under section 4(d) containing the recommendations for such eliminations or realignments; and (4) complete all such eliminations and realignments no later than the end of the 6-year period beginning on the date on which the President submits the report under section 4(d) containing the recommendations for such closures or realignments. (b) Congressional disapproval (1) In general The President may not carry out any elimination or realignment recommended in a report submitted by the President under section 4(d) if a joint resolution is enacted, in accordance with the provisions of section 9, disapproving such recommendations before the earlier of— (A) the end of the 45-day period beginning on the date on which the President submits such report; or (B) the adjournment of Congress sine die for the session during which such report is submitted. (2) Computation of days For purposes of paragraph (1) of this subsection and subsections (a) and (c) of section 9, the days on which either House of Congress is not in session because of adjournment of more than 3 days to a day certain shall be excluded in the computation of a period. 9. Congressional consideration of commission recommendations (a) Terms of the resolution For purposes of section 8(b), the term joint resolution means only a joint resolution which is introduced within the 10-day period beginning on the date on which the President submits the report to Congress under section 4(d), and— (1) which does not have a preamble; (2) the matter after the resolving clause of which is as follows: That Congress disapproves the recommendations of the Federal Realignment and Closure Commission as submitted by the President on __________ , the blank space being filled in with the appropriate date; and (3) the title of which is as follows: Joint resolution disapproving the recommendations of the Federal Realignment and Closure Commission. . (b) Referral A resolution described in subsection (a) that is introduced in the House of Representatives shall be referred to the Committee on Oversight and Government Reform of the House of Representatives. A resolution described in subsection (a) introduced in the Senate shall be referred to the Committee on Homeland Security and Governmental Affairs of the Senate. (c) Discharge If the committee to which a resolution described in subsection (a) is referred has not reported such a resolution (or an identical resolution) by the end of the 20-day period beginning on the date on which the President submits the report to Congress under section 4(d), such committee shall be, at the end of such period, discharged from further consideration of such resolution, and such resolution shall be placed on the appropriate calendar of the House involved. (d) Consideration (1) In general On or after the third day after the date on which the committee to which such a resolution is referred has reported, or has been discharged (under subsection (c)) from further consideration of, such a resolution, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution. A Member may make the motion only on the day after the calendar day on which the Member announces to the House concerned the Member’s intention to make the motion, except that, in the case of the House of Representatives, the motion may be made without such prior announcement if the motion is made by direction of the committee to which the resolution was referred. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the respective House shall immediately proceed to consideration of the joint resolution without intervening motion, order, or other business, and the resolution shall remain the unfinished business of the respective House until disposed of. (2) Debate Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the resolution. An amendment to the resolution is not in order. A motion further to limit debate is in order and not debatable. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order. (3) Vote on final passage Immediately following the conclusion of the debate on a resolution described in subsection (a) and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur. (4) Appeals on decisions by the Chair Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution described in subsection (a) shall be decided without debate. (e) Consideration by other House (1) Disposition of resolution If, before the passage by one House of a resolution of that House described in subsection (a), that House receives from the other House a resolution described in subsection (a), then the following procedures shall apply— (A) the resolution of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of final passage as provided in subparagraph (B)(ii); and (B) with respect to a resolution described in subsection (a) of the House receiving the resolution (i) the procedure in that House shall be the same as if no resolution had been received from the other House; but (ii) the vote on final passage shall be on the resolution of the other House. (2) Not in order to consider other resolution Upon disposition of the resolution received from the other House, it shall no longer be in order to consider the resolution that originated in the receiving House. (f) Rules of the Senate and House This section is enacted by Congress— (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a resolution described in subsection (a), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. 10. Offsetting rescissions Of the unobligated balance of funds available for each of the following accounts, $3,000,000 is rescinded from each such account: (1) Department of Health and Human Services—Office of the Secretary—General Departmental Management . (2) Agricultural Programs—Departmental Administration . (3) Department of Education—Departmental Management—Program Administration . (4) Department of Housing and Urban Development—Management and Administration—Administration, Operations, and Management . (5) Department of the Interior—Departmental Offices—Office of the Secretary—Departmental Operations .	https://www.govinfo.gov/content/pkg/BILLS-113hr5799ih/xml/BILLS-113hr5799ih.xml
113-hr-5800	I 113th CONGRESS 2d Session H. R. 5800 IN THE HOUSE OF REPRESENTATIVES December 4, 2014 Ms. Lofgren (for herself, Mr. Massie , Mr. Conyers , Mr. Amash , Mr. O'Rourke , Mr. Sensenbrenner , Ms. DelBene , Mr. Poe of Texas , Mr. Nadler , and Mr. Holt ) introduced the following bill; which was referred to the Select Committee on Intelligence (Permanent Select) , 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 prohibit Federal agencies from mandating the deployment of vulnerabilities in data security technologies. 1. Short title This Act may be cited as the Secure Data Act of 2014 . 2. Prohibition on data security vulnerability mandates (a) In general Except as provided in subsection (b), no agency may mandate that a manufacturer, developer, or seller of covered products design or alter the security functions in its product or service to allow the surveillance of any user of such product or service, or to allow the physical search of such product, by any agency. (b) Exception Subsection (a) shall not apply to mandates authorized under the Communications Assistance for Law Enforcement Act ( 47 U.S.C. 1001 et seq. ). (c) Definitions In this section— (1) the term agency has the meaning given the term in section 3502 of title 44, United States Code; and (2) the term covered product means any computer hardware, computer software, or electronic device that is made available to the general public.	https://www.govinfo.gov/content/pkg/BILLS-113hr5800ih/xml/BILLS-113hr5800ih.xml
113-hr-5801	I 113th CONGRESS 2d Session H. R. 5801 IN THE HOUSE OF REPRESENTATIVES December 4, 2014 Mr. Luetkemeyer (for himself and Mrs. Carolyn B. Maloney of New York ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To require each agency, in providing notice of a rule making, to include a link to a 100 word plain language summary of the proposed rule. 1. Short title This Act may be cited as the Providing Accountability Through Transparency Act of 2014 . 2. Requirement to post a 100 word summary to regulations.gov Section 553(b) of title 5, United States Code, is amended— (1) in paragraph (2) by striking ; and and inserting ; ; (2) in paragraph (3), by striking the period at the end and inserting ; and ; and (3) by inserting after paragraph (3) the following: (4) the internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the internet website under section 206(d) of the E-Government Act of 2002 ( 44 U.S.C. 3501 note) (commonly known as regulations.gov); .	https://www.govinfo.gov/content/pkg/BILLS-113hr5801ih/xml/BILLS-113hr5801ih.xml
113-hr-5802	I 113th CONGRESS 2d Session H. R. 5802 IN THE HOUSE OF REPRESENTATIVES December 4, 2014 Mr. Sessions introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Employee Retirement Income Security Act of 1974 to permit multiemployer plans in critical status to modify plan rules relating to withdrawal liability, and for other purposes. 1. Alternative method of withdrawal liability payments Section 4224 of the Employee Retirement Income Security Act ( 29 U.S.C. 1404 ) is amended— (1) by striking A multiemployer plan and inserting (a) A multiemployer plan ; and (2) by adding at the end the following: (b) Notwithstanding any contrary provisions of this part, in the case of a multiemployer plan that is in critical status within the meaning of section 305(b)(2) and whose plan sponsor determines that the plan can not be reasonably expected to emerge from critical status by the end of the rehabilitation period, such plan may adopt rules providing for other terms and conditions for the computation of an employer's withdrawal liability. Any such rule shall become effective at the end of a 90-day period that begins on the date of adoption of the rule unless the corporation disapproves the rule before the end of the 90-day period (except that such 90-day period shall be tolled during any period in which a request by the corporation for additional information is pending). The corporation may disapprove a rule under this subsection only if it reasonably determines that the rule creates an unreasonable risk of loss to plan participants and beneficiaries or to the corporation. .	https://www.govinfo.gov/content/pkg/BILLS-113hr5802ih/xml/BILLS-113hr5802ih.xml
113-hr-5803	I 113th CONGRESS 2d Session H. R. 5803 IN THE HOUSE OF REPRESENTATIVES AN ACT To require the Secretary of the Interior to assemble a team of technical, policy, and financial experts to address the energy needs of the insular areas of the United States and the Freely Associated States through the development of energy action plans aimed at promoting access to affordable, reliable energy, including increasing use of indigenous clean-energy resources, and for other purposes. 1. Study of electric rates in the insular areas (a) Definitions In this section: (1) Comprehensive energy plan The term comprehensive energy plan means a comprehensive energy plan prepared and updated under subsections (c) and (e) of section 604 of the Act entitled An Act to authorize appropriations for certain insular areas of the United States, and for other purposes , approved December 24, 1980 ( 48 U.S.C. 1492 ). (2) Energy action plan The term energy action plan means the plan required by subsection (d). (3) Freely associated states The term Freely Associated States means the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau. (4) Insular areas The term insular areas means American Samoa, the Commonwealth of the Northern Mariana Islands, Puerto Rico, Guam, and the Virgin Islands. (5) Secretary The term Secretary means the Secretary of the Interior. (6) Team The term team means the team established by the Secretary under subsection (b). (b) Establishment Not later than 180 days after the date of the enactment of this Act, the Secretary shall, within the Empowering Insular Communities activity, establish a team of technical, policy, and financial experts— (1) to develop an energy action plan addressing the energy needs of each of the insular areas and Freely Associated States; and (2) to assist each of the insular areas and Freely Associated States in implementing such plan. (c) Participation of regional utility organizations In establishing the team, the Secretary shall consider including regional utility organizations. (d) Energy action plan In accordance with subsection (b), the energy action plan shall include— (1) recommendations, based on the comprehensive energy plan where applicable, to— (A) reduce reliance and expenditures on fuel shipped to the insular areas and Freely Associated States from ports outside the United States; (B) develop and utilize domestic fuel energy sources; and (C) improve performance of energy infrastructure and overall energy efficiency; (2) a schedule for implementation of such recommendations and identification and prioritization of specific projects; (3) a financial and engineering plan for implementing and sustaining projects; and (4) benchmarks for measuring progress toward implementation. (e) Reports to secretary Not later than 1 year after the date on which the Secretary establishes the team and annually thereafter, the team shall submit to the Secretary a report detailing progress made in fulfilling its charge and in implementing the energy action plan. (f) Annual reports to congress Not later than 30 days after the date on which the Secretary receives a report submitted by the team under subsection (e), the Secretary shall submit to the appropriate committees of Congress a summary of the report of the team. (g) Approval of secretary required The energy action plan shall not be implemented until the Secretary approves the energy action plan. 2. Amendments to the consolidated natural resources act Section 6 of Public Law 94–241 (90 Stat. 263; 122 Stat. 854) is amended— (1) in subsection (a)(2), by striking December 31, 2014, except as provided in subsections (b) and (d) and inserting December 31, 2019 ; and (2) in subsection (d)— (A) in the third sentence of paragraph (2), by striking not to extend beyond December 31, 2014, unless extended pursuant to paragraph 5 of this subsection and inserting ending on December 31, 2019 ; (B) by striking paragraph (5); and (C) by redesignating paragraph (6) as paragraph (5). Passed the House of Representatives December 11, 2014. Karen L. Haas, Clerk.	https://www.govinfo.gov/content/pkg/BILLS-113hr5803eh/xml/BILLS-113hr5803eh.xml
113-hr-5804	I 113th CONGRESS 2d Session H. R. 5804 IN THE HOUSE OF REPRESENTATIVES December 8, 2014 Mr. O’Rourke (for himself, Mr. Williams , and Mr. Carter ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To provide that members of the Armed Forces performing hazardous humanitarian services in West Africa to combat the spread of the 2014 Ebola virus outbreak shall be entitled to tax benefits in the same manner as if such services were performed in a combat zone. 1. Short title This Act may be cited as the Operation United Assistance Tax Exclusion Act of 2014 . 2. Treatment of certain hazardous humanitarian service as combat zone service for purposes of the combat zone compensation exclusion (a) In general For purposes of section 112 of the Internal Revenue Code of 1986, service by a qualified member of the Armed Forces during Operation United Assistance shall be treated as service in a combat zone in the same manner as if the President of the United States had by Executive Order designated the Ebola virus disease outbreak area as an area of combat under section 112(c)(2) of such Code. (b) Definitions (1) Qualified member of the Armed Forces The term qualified member of the Armed Forces means a member of the Armed Forces serving in Operation United Assistance who is required to undergo a program of not less than 21 days of controlled monitoring in a controlled monitoring area upon the individual's return from the Ebola virus disease outbreak area. (2) Operation United Assistance The term Operation United Assistance means the mission beginning in September 2014 in the Ebola virus disease outbreak area. (3) Ebola virus disease outbreak area The term Ebola virus disease outbreak area means Liberia, Sierra Leone, and Guinea, and any other region designated by the Centers for Disease Control and Prevention as experiencing a widespread Ebola virus disease outbreak as of the date of the enactment of this Act.	https://www.govinfo.gov/content/pkg/BILLS-113hr5804ih/xml/BILLS-113hr5804ih.xml
113-hr-5805	I 113th CONGRESS 2d Session H. R. 5805 IN THE HOUSE OF REPRESENTATIVES December 8, 2014 Mr. McCaul 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 with respect to expanding access for breakthrough drugs, and for other purposes. 1. Short title This Act may be cited as the Andrea Sloan Compassionate Use Reform and Enhancement Act or the Andrea Sloan CURE Act . 2. Expanded access policy as condition of expedited approval Section 561 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb ) is amended— (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (2) by inserting after subsection (c) the following new subsection: (d) Expanded access policy required for covered breakthrough drugs (1) In general With respect to a qualified breakthrough drug, not later than 30 days after the date on which the drug meets the definition of a covered breakthrough drug (as specified in paragraph (2)), the sponsor of the covered breakthrough drug shall submit to the Secretary and make publicly available the policy of the sponsor with respect to requests submitted under subsection (b). In the case of such a policy under which the sponsor accepts such requests, such policy shall include— (A) a single point of contact who receives and processes such requests; (B) procedures for making such requests; (C) the minimum criteria for the sponsor’s consideration or approval of such requests; and (D) the amount of time the sponsor anticipates will be necessary to make a decision on such requests. (2) Covered breakthrough drug In this subsection, the term covered breakthrough drug means a drug— (A) that is designated as a breakthrough therapy or as a fast track product or is approved under accelerated approval under section 506; (B) that is designated under section 505E(d) as a qualified infectious disease product; or (C) the sponsor of which is awarded a priority review voucher under section 524 or 529. . 3. Notification of submitters of compassionate use requests Section 561 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb ), as amended by section 2, is further amended— (1) by redesignating subsections (e) and (f) (as redesignated by section 2(1)) as subsections (f) and (g), respectively; and (2) by inserting after subsection (d) (as inserted by section 2(2)) the following new subsection: (e) Notification of submitters of requests In the case of the denial by a manufacturer or distributor of a request under subsection (b), not later than 5 days after the date of such denial, the manufacturer or distributor, as applicable, shall submit to the person (or physician) who made the request written notice of the denial, including an explanation for the denial. . 4. GAO qualitative analysis on individual patient access to unapproved therapies and diagnostics Not later than 180 days after the date of the enactment of this Act and each year thereafter, the Comptroller General of the United States shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate a report containing a qualitative analysis of the extent to which individual patients have access to investigational drugs pursuant to subsection (b) of section 561 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb ) and recommendations for improving such access. In preparing such report, the Comptroller General shall conduct a qualitative analysis of the following: (1) Whether there are any identifiable patterns in requests submitted under subsection (b) of such section, such as the types of indications for which requests for individual patient access are sought or the reasons for the denial of such requests. (2) What the primary barriers are to drug sponsors granting requests for individual patient access. (3) How the Secretary evaluates safety and efficacy data submitted in connection with such requests. (4) The amount of time that— (A) a physician typically takes to complete the paperwork necessary to make such a request; (B) a drug sponsor takes to process such a request and to issue a decision with respect to the request; and (C) the Secretary takes to process such a request and to issue a decision with respect to the request. (5) How regulations, guidance, policies, or practices may be modified, streamlined, expanded, or discontinued to reduce or prevent delays in approving such requests. (6) The number of such requests that, for the period covered by the report— (A) were approved by drug sponsors and the Food and Drug Administration; (B) were approved by drug sponsors but denied by the Food and Drug Administration; and (C) were denied by drug sponsors. (7) How to encourage drug sponsors to grant requests for expanded access under such section 561, including requests for emergency use, intermediate-size patient populations, and large patient populations under a specified indication. (8) Whether and to what extent adverse events reported to the Secretary as a result of individual use of an investigational drug or investigational device under such section 561 affected the development or approval of any drug or device. 5. Expanded access task force (a) Establishment The Secretary of Health and Human Services shall establish a task force within the Department of Health and Human Services to explore mechanisms for improving the access individual patients have to investigational drugs pursuant to subsection (b) of section 561 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb), to be known as the Expanded Access Task Force (in this section referred to as the Task Force ). Not later than 90 days after the date on which the Comptroller General of the United States submits the first report required under section 4, the Task Force shall be convened. (b) Membership (1) Composition The Task Force shall be composed of not more than 9 voting members appointed as follows: (A) One member to serve as Chairman of the Task Force, appointed by the Speaker of the House of Representatives. (B) One representative from the Department of Health and Human Services, appointed by the Secretary of Health and Human Services. (C) Four representatives appointed by the Majority Leader of the House of Representatives, in consultation with the Minority Leader of the House of Representatives, and the Chairman and the Ranking Member of the Committee on Energy and Commerce of the House of Representatives, including— (i) one representative of a biopharmaceutical company of less than 250 full-time employees; (ii) one representative of the rare disease patient community; (iii) one representative of the health care provider community; and (iv) one bioethicist. (D) Three representatives appointed by Majority Leader of the Senate, in consultation with the Minority Leader of the Senate, and the Chairman and the Ranking Member of the Health, Education, Labor and Pensions Committee of the Senate, including— (i) one representative of the biopharmaceutical industry; (ii) one representative of the patient community; and (iii) one representative of the health care payor community. (2) Compensation Members of the Task Force shall serve without compensation. (c) Duties The Task Force shall comprehensively evaluate the access individual patients have to investigational drugs pursuant to subsection (b) of section 561 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb ), taking into account— (1) the unique challenges faced by children with likely fatal diseases for which there is not a comparable or satisfactory alternative therapy available; (2) possible incentives for biopharmaceutical companies and providers to approve requests submitted under such subsection; (3) how the Secretary of Health and Human Services interprets and takes into consideration adverse event data reported in the case of data from use under a request submitted under such subsection; (4) ways to streamline and standardize the process for submitting requests under such subsection; and (5) the costs incurred by biopharmaceutical companies for the time, effort, and delivery of investigational drugs to patients for the diagnosis, monitoring, or treatment of a serious disease or condition under such subsection. (d) Report Not later than 180 days after the date on which the Task Force is convened, the Task Force shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate a report in an electronic format describing the specific recommendations of the Task Force for improving the access individual patients have to investigational drugs pursuant to subsection (b) of section 561 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb). (e) Termination The task force shall terminate upon submission of the report required under subsection (d). 6. Finalizing draft guidance on expanded access (a) In general Not later than 180 days after the date on which the Expanded Access Task Force established under section 5 submits the report under subsection (d) of such section, the Secretary of Health and Human Services shall finalize the draft guidance entitled Expanded Access to Investigational Drugs for Treatment Use—Qs & As and dated May 2013. (b) Contents The final guidance referred to in subsection (a) shall— (1) clearly define how the Secretary interprets and uses adverse drug event data reported by investigators in the case of data reported from use under a request submitted under section 561(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb(b) ); and (2) take into account the report of the Expanded Access Task Force submitted under section 5(d) and the first report of the Comptroller General of the United States submitted under section 4.	https://www.govinfo.gov/content/pkg/BILLS-113hr5805ih/xml/BILLS-113hr5805ih.xml
113-hr-5806	I 113th CONGRESS 2d Session H. R. 5806 IN THE HOUSE OF REPRESENTATIVES December 8, 2014 Mr. Camp introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on the Budget , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Internal Revenue Code of 1986 to modify and make permanent certain expiring provisions related to charitable contributions. 1. Short title This Act may be cited as the Supporting America’s Charities Act . 2. Special rule for qualified conservation contributions modified and made permanent (a) Made permanent (1) Individuals Section 170(b)(1)(E) of the Internal Revenue Code of 1986 is amended by striking clause (vi). (2) Corporations Section 170(b)(2)(B) of such Code is amended by striking clause (iii). (b) Contributions of capital gain real property made for conservation purposes by Native Corporations (1) In general Section 170(b)(2) of such Code is amended by redesignating subparagraph (C) as subparagraph (D), and by inserting after subparagraph (B) the following new subparagraph: (C) Qualified conservation contributions by certain Native Corporations (i) In general Any qualified conservation contribution (as defined in subsection (h)(1)) which— (I) is made by a Native Corporation, and (II) is a contribution of property which was land conveyed under the Alaska Native Claims Settlement Act, shall be allowed to the extent that the aggregate amount of such contributions does not exceed the excess of the taxpayer’s taxable income over the amount of charitable contributions allowable under subparagraph (A). (ii) Carryover If the aggregate amount of contributions described in clause (i) exceeds the limitation of clause (i), such excess shall be treated (in a manner consistent with the rules of subsection (d)(2)) as a charitable contribution to which clause (i) applies in each of the 15 succeeding years in order of time. (iii) Native Corporation For purposes of this subparagraph, the term Native Corporation has the meaning given such term by section 3(m) of the Alaska Native Claims Settlement Act. . (2) Conforming amendment Section 170(b)(2)(A) of such Code is amended by striking subparagraph (B) applies and inserting subparagraph (B) or (C) applies . (3) Valid existing rights preserved Nothing in this subsection (or any amendment made by this subsection) shall be construed to modify the existing property rights validly conveyed to Native Corporations (within the meaning of section 3(m) of the Alaska Native Claims Settlement Act) under such Act. (c) Effective date The amendments made by this section shall apply to contributions made in taxable years beginning after December 31, 2013. 3. Extension and expansion of charitable deduction for contributions of food inventory (a) Permanent extension Section 170(e)(3)(C) of the Internal Revenue Code of 1986 is amended by striking clause (iv). (b) Increase in limitation Section 170(e)(3)(C) of such Code, as amended by subsection (a), is amended by striking clause (ii), by redesignating clause (iii) as clause (iv), and by inserting after clause (i) the following new clauses: (ii) Limitation The aggregate amount of such contributions for any taxable year which may be taken into account under this section shall not exceed— (I) in the case of any taxpayer other than a C corporation, 15 percent of the taxpayer’s aggregate net income for such taxable year from all trades or businesses from which such contributions were made for such year, computed without regard to this section, and (II) in the case of a C corporation, 15 percent of taxable income (as defined in subsection (b)(2)(D)). (iii) Rules related to limitation (I) Carryover If such aggregate amount exceeds the limitation imposed under clause (ii), such excess shall be treated (in a manner consistent with the rules of subsection (d)) as a charitable contribution described in clause (i) in each of the 5 succeeding years in order of time. (II) Coordination with overall corporate limitation In the case of any charitable contribution allowable under clause (ii)(II), subsection (b)(2)(A) shall not apply to such contribution, but the limitation imposed by such subsection shall be reduced (but not below zero) by the aggregate amount of such contributions. For purposes of subsection (b)(2)(B), such contributions shall be treated as allowable under subsection (b)(2)(A). . (c) Determination of basis for certain taxpayers Section 170(e)(3)(C) of such Code, as amended by subsections (a) and (b), is amended by adding at the end the following new clause: (v) Determination of basis for certain taxpayers If a taxpayer— (I) does not account for inventories under section 471, and (II) is not required to capitalize indirect costs under section 263A, the taxpayer may elect, solely for purposes of subparagraph (B), to treat the basis of any apparently wholesome food as being equal to 25 percent of the fair market value of such food. . (d) Determination of fair market value Section 170(e)(3)(C) of such Code, as amended by subsections (a), (b), and (c), is amended by adding at the end the following new clause: (vi) Determination of fair market value In the case of any such contribution of apparently wholesome food which cannot or will not be sold solely by reason of internal standards of the taxpayer, lack of market, or similar circumstances, or by reason of being produced by the taxpayer exclusively for the purposes of transferring the food to an organization described in subparagraph (A), the fair market value of such contribution shall be determined— (I) without regard to such internal standards, such lack of market, such circumstances, or such exclusive purpose, and (II) by taking into account the price at which the same or substantially the same food items (as to both type and quality) are sold by the taxpayer at the time of the contribution (or, if not so sold at such time, in the recent past). . (e) Effective Date (1) In general Except as otherwise provided in this subsection, the amendments made by this section shall apply to contributions made after December 31, 2013, in taxable years ending after such date. (2) Limitation; applicability to C corporations The amendments made by subsection (b) shall apply to contributions made in taxable years beginning after December 31, 2013. 4. Rule allowing certain tax-free distributions from individual retirements accounts for charitable purposes made permanent (a) In general Section 408(d)(8) of the Internal Revenue Code of 1986 is amended by striking subparagraph (F). (b) Effective date The amendment made by this section shall apply to distributions made in taxable years beginning after December 31, 2013. 5. Budgetary effects (a) Paygo scorecard The budgetary effects of this Act shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010. (b) Senate paygo scorecard The budgetary effects of this Act shall not be entered on any PAYGO scorecard maintained for purposes of section 201 of S. Con. Res. 21 (110th Congress).	https://www.govinfo.gov/content/pkg/BILLS-113hr5806ih/xml/BILLS-113hr5806ih.xml
113-hr-5807	I 113th CONGRESS 2d Session H. R. 5807 IN THE HOUSE OF REPRESENTATIVES December 8, 2014 Ms. Bonamici (for herself and Mr. Gerlach ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Elementary and Secondary Education Act of 1965 to award grants to States to improve delivery of high-quality assessments, and for other purposes. 1. Short title This Act may be cited as the Support Making Assessments Reliable and Timely Act or the SMART Act . 2. Accountability Subpart 1 of part A of title VI of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7301 et seq.) is amended to read as follows: 6111. Grants to improve delivery of high-quality assessments and for related activities (a) In general From the amount reserved under section 6114(b)(5) and subject to subparagraphs (A) and (B) of such section, the Secretary shall make grants by allocating funds in accordance with subsection (b) of this section to States to enable the States to— (1) develop, administer, and further align State assessments required by section 1111(b)(3) to State content standards required by section 1111(b)(1); (2) ensure the provision of appropriate accommodations as required by section 1111(b)(3)(C)(ix) to students with limited English proficiency and students with disabilities to improve the rates of inclusion in State assessments of such students; (3) develop State assessment systems aligned to the State’s content standards that support systems of continuous improvement; (4) support local educational agencies in identifying uses of assessment data, which may include appropriate use of student assessment data as one of multiple measures of student learning for teacher and school leader performance and evaluation; and (5) carry out the activities described in the report required under subsection (c). (b) Allocation of funds From the amount reserved under section 6114(b)(5), each State shall receive an allocation for each fiscal year in an amount equal to— (1) $4,000,000; and (2) with respect to any amounts remaining after the allocation is made under paragraph (1), an amount that bears the same relationship to such total remaining amounts as the number of students ages 5 through 17 in the State (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such students in all States. (c) State report Not later than 6 months after a State receives a grant under this section, the State shall, in consultation with education stakeholders, prepare and make publically available a report, that explains how the State has used, or will use, the grant to— (1) improve the quality and use of the State’s assessment system, including assessments not required by section 1111(b)(3), and for related activities; (2) ensure that all summative assessments that are used for accountability purposes are valid and reliable, and consistent with relevant, nationally recognized professional and technical standards; and (3) improve the use of State assessment data by school leaders, educators, and parents, and for related activities, such as— (A) disseminating the assessment data in an accessible and understandable format for educators, parents, and families; (B) decreasing time between administering such State assessments and releasing assessment data; (C) supporting the dissemination of promising practices from local educational agencies that have successfully used assessment data to improve individual student and overall school performance; (D) identifying appropriate uses of assessment data, which may include appropriate use of student assessment data as one of multiple measures of student learning for teacher and school leader performance and evaluation; and (E) providing professional development on assessment and data literacy to teachers and school leaders, including on the development and effective use of formative and classroom-based assessments aligned with State content standards. 6112. Grants for assessment system alignment, quality, and use (a) In general From the amount reserved under section 6114(b)(3), the Secretary shall make grants to States to— (1) in the case of a grant awarded under this section to a State for the first time— (A) carry out audits of State assessment systems and ensure that local educational agencies carry out audits of local assessments under subsection (e)(1); (B) prepare and carry out the State plan under subsection (e)(6); and (C) award subgrants under subsection (f); and (2) in the case of a grant awarded under this section to a State that has previously received a grant under this section— (A) carry out the State plan under subsection (e)(6); and (B) award subgrants under subsection (f). (b) Minimum amount Each State with an approved application shall receive a grant amount of not less than $2,000,000. (c) Reallocation If a State chooses not to apply to receive a grant under this subsection, or if such State’s application under subsection (d) is disapproved by the Secretary, the Secretary shall reallocate such grant amount to other States with approved applications. (d) Application A State desiring to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (e) Audits of State assessment systems and local assessments (1) Audit requirements Not later than 1 year after a State receives a grant under this section for the first time, the State shall— (A) conduct an audit of the State assessment system; (B) ensure that each local educational agency under the State’s jurisdiction and receiving funds under this Act— (i) conducts an audit of each local assessment administered by the local educational agency; and (ii) submits the results of such audit to the State; and (C) report the results of each State and local educational agency audit conducted under subparagraphs (A) and (B)— (i) in a publicly available format, such as a widely accessible online platform; and (ii) with appropriate accessibility provisions for individuals with disabilities and individuals with limited English proficiency. (2) Resources for local educational agencies In carrying out paragraph (1)(B), each State shall develop and provide local educational agencies with resources, such as guidelines and protocols, to assist the agencies in conducting and reporting the results of the audit required under such paragraph (1)(B). (3) State assessment system description An audit of a State assessment system conducted under paragraph (1) shall include a description of each State assessment carried out in the State, including— (A) the grade and subject matter assessed; (B) whether the assessment is required under section 1111(b)(3); (C) the annual cost to the State educational agency involved in developing, purchasing, administering, and scoring the assessment; (D) the purpose for which the assessment was designed and the purpose for which the assessment is used, including assessments designed to contribute to systems of continuous improvement of teaching and learning; (E) the time for disseminating assessment results; (F) a description of how the assessment is aligned with the State’s content standards; (G) a description of any State law or regulation that established the requirement for the assessment; (H) the schedule and calendar for all State assessments given; and (I) a description of the State’s policies for inclusion of students with limited English proficiency and students with disabilities. (4) Local assessment description An audit of a local assessment conducted under paragraph (1) shall include a description of the local assessment carried out by the local educational agency, including— (A) the descriptions listed in subparagraphs (A), (D), and (E) of paragraph (3); (B) the annual cost to the local educational agency of developing, purchasing, administering, and scoring the assessment; (C) the extent to which the assessment is aligned to the State’s content standards; (D) a description of any State or local law or regulation that establishes the requirement for the assessment; and (E) in the case of a summative assessment that is used for accountability purposes, whether the assessment is valid and reliable and consistent with nationally recognized professional and technical standards. (5) Stakeholder feedback Each audit of a State assessment system or local assessment system conducted under subparagraph (A) or (B) of paragraph (1) shall include feedback on such system from education stakeholders, which shall cover information such as— (A) how educators and administrators use assessment data to improve and differentiate instruction; (B) the timing of release of assessment data; (C) the extent to which assessment data is presented in an accessible and understandable format for educators, parents, students, if appropriate, and the community; (D) the opportunities, resources, and training educators and administrators are given to review assessment results and make effective use of assessment data; (E) the distribution of technological resources and personnel necessary to administer assessments; (F) the amount of time educators spend on test preparation; (G) the assessments that administrators, educators, parents, and students, if appropriate, do and do not find useful; (H) the amount of time students spend taking the assessments; and (I) other information as appropriate. (6) State plan on audit findings (A) Preparing the State plan Not later than 6 months after a State conducts an audit under paragraph (1) and based on the results of such audit, the State shall, in coordination with the local educational agencies under the jurisdiction of the State, prepare and submit to the Secretary, a plan to improve and streamline State assessment systems and local assessment systems, including through activities such as— (i) eliminating any assessments that are not required by section 1111(b)(3) (such as by buying out the remainder of procurement contracts with assessment developers) and that— (I) are low-quality; (II) not aligned to the State’s content standards; (III) in the case of summative assessments used for accountability purposes, are not valid or reliable and are inconsistent with nationally recognized professional and technical standards; (IV) do not contribute to systems of continuous improvement for teaching and learning; or (V) are redundant; (ii) supporting the dissemination of promising practices from local educational agencies or other States that have successfully improved assessment quality and efficiency to improve teaching and learning; (iii) supporting local educational agencies or consortia of local educational agencies to carry out efforts to streamline local assessment systems and implementing a regular process of review and evaluation of assessment use in local educational agencies; (iv) supporting appropriate uses of assessment data, which may include appropriate use of student assessment data as one of multiple measures of student learning for teacher and school leader performance and evaluation; and (v) providing professional development to teachers and school leaders on selecting and implementing formative assessments, designing classroom-based assessments, and assessment and data literacy. (B) Carry out the State plan A State shall carry out a State plan as soon as practicable after the State prepares such State plan under subparagraph (A) and during each grant period of a grant described in subsection (a)(2) that is awarded to the State. (f) Subgrants to local educational agencies (1) In general From the amount awarded to a State under this section, the State shall reserve not less than 20 percent of funds to make subgrants to local educational agencies in the State, or a consortium of such local educational agencies, based on demonstrated need in the agency’s or consortium’s application to improve assessment quality, use, and alignment with the State’s content standards. (2) Local educational agency application Each local educational agency, or consortium of local educational agencies, seeking a subgrant under this subsection shall submit an application to the State at such time, in such manner, and describing that agency’s or consortium’s needs to improve assessment quality, use, and alignment (as described in paragraph (1)), and such other information as determined by the State. (3) Use of funds A subgrant awarded under this subsection to a local educational agency or consortium of such agencies may be used to— (A) conduct an audit of local assessments under subsection (e)(1)(B); (B) eliminate any assessments identified for elimination by such audit, such as by buying out the remainder of procurement contracts with assessment developers; (C) disseminate the promising practices described in subsection (e)(6)(B); (D) improve the capacity of school leaders and educators to disseminate assessment data in an accessible and understandable format for parents and families, including for individuals with disabilities or individuals with limited English proficiency; (E) support the appropriate use of assessment data, which may include appropriate use of student assessment data as one of multiple measures of student learning for teacher and school leader performance and evaluation; (F) provide professional development to, and time for teacher collaboration on designing classroom-based assessments and improving assessments and data literacy for, teachers and school leaders, which may include providing additional planning time to analyze student and team data and designing instruction based on data analysis; (G) improve assessment delivery systems and schedules, including by increasing access to technology and exam proctors, where appropriate; (H) hire instructional coaches, or promoting educators who may receive increased compensation to serve as instructional coaches, to support educators to develop classroom-based assessments, interpret assessment data, and design instruction; and (I) provide for appropriate assessment accommodations to maximize inclusion of students with disabilities and students with limited English proficiency, including by providing the assessments described in section 1111(b)(6). 6113. National activities From the amount reserved under section 6114(b)(4), the Secretary shall provide technical assistance to States to improve State understanding of existing flexibility in design and implementation of high-quality, streamlined State assessment systems to meet the requirements of section 1111(b)(3), including by— (1) informing States of innovative designs in State assessment systems that meet the requirements of section 1111(b)(3); (2) providing technical assistance to States on including appropriate assessment design and accommodation strategies that meet the requirements of section 1111(b)(3) and provide for inclusion of all students in State assessments; (3) providing technical assistance to States conducting audits of State assessment systems under section 6112(e), including by providing resources such as templates and guidelines for data collection and for making audit results publicly available; (4) conducting Departmental review of existing regulation and guidance for any language that unnecessarily confuses or inhibits innovation and flexibility in assessment design and implementation, and making revisions where needed, consistent with the requirements of section 1111(b)(3); (5) collecting information on State development of new and innovative assessment systems that meet the requirements of section 1111(b)(3); and (6) reporting on such new and innovative assessment systems to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. 6114. Funding (a) Authorization of appropriations (1) National assessment of educational progress For the purpose of administering the State assessments under the National Assessment of Educational Progress, there are authorized to be appropriated $72,000,000 for fiscal year 2016, and such sums as may be necessary for each of the 5 succeeding fiscal years. (2) State assessments and related activities For the purpose of carrying out this subpart, there are authorized to be appropriated $600,000,000 for fiscal year 2016, and such sums as may be necessary for each of the 5 succeeding fiscal years. (b) Reservation of appropriated funds From amounts made available for each fiscal year under subsection (a)(2), the Secretary shall— (1) reserve one-half of 1 percent for the Bureau of Indian Affairs; (2) reserve one-half of 1 percent for the outlying areas; (3) reserve 20 percent to carry out section 6112; (4) reserve 3 percent to carry out section 6113; and (5) reserve the remainder (after reserving funds under paragraphs (1) through (4)) to carry out section 6111, except that— (A) for any fiscal year for which the funds appropriated under subsection (a)(2) of this section are equal to or greater than $450,000,000, each State that receives a grant under section 6111 shall use the grant to carry out paragraphs (1) through (5) of section 6111(a); and (B) for any fiscal year for which the funds appropriated under subsection (a)(2) of this section are less than $450,000,000, each State that receives a grant under section 6111 shall only be required to use the grant to carry out paragraphs (1) through (3) of section 6111(a). 6115. Definitions In this subpart: (1) Local assessment The term local assessment means an academic assessment carried out by a local educational agency that is separate from an assessment required by section 1111(b)(3). (2) State The term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. .	https://www.govinfo.gov/content/pkg/BILLS-113hr5807ih/xml/BILLS-113hr5807ih.xml
113-hr-5808	I 113th CONGRESS 2d Session H. R. 5808 IN THE HOUSE OF REPRESENTATIVES December 8, 2014 Ms. DeGette (for herself and Mr. Reed ) 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 in order to strengthen rules applied in case of competition for diabetic testing strips, and for other purposes. 1. Short title This Act may be cited as the Protecting Access to Diabetes Supplies of 2014 . 2. Strengthening rules applied in case of competition for diabetic testing strips (a) Special rule applied in case of competition for diabetic testing strips (1) In general Paragraph (10) of section 1847(b) of the Social Security Act ( 42 U.S.C. 1395w–3(b) ) is amended— (A) in subparagraph (A), by striking the second sentence and inserting the following new sentence: The volume for such types of products shall be determined through the use of multiple sources of data that measure consumption and utilization of diabetic testing strips among individuals in the United States. ; and (B) by adding at the end the following new subparagraphs: (C) Demonstration of ability to furnish types of diabetic testing strips With respect to the program described in subparagraph (A), the Secretary shall reject a bid submitted by an entity if the entity does not, as part of the demonstration to the Secretary described in such subparagraph submitted by the entity, demonstrate that the entity has an ability to furnish the types of diabetic testing strips included in its bid, including an ability to obtain and maintain an inventory of such strips by volume in a manner consistent with its bid. (D) Use of unlisted types in calculation of percentage In determining under subparagraph (A) whether a bid submitted by an entity under such subparagraph covers 50 percent (or such higher percentage as the Secretary may specify) of all types of diabetic testing strip products, the Secretary may not attribute a percentage to types of diabetic testing strips that the Secretary does not provide the entity with the option to identify by type and market share volume. (E) Contract requirement Any contract entered into with an entity for diabetic testing strips under the competition conducted pursuant to paragraph (1) shall include a requirement that the entity offers, makes available to, and maintains in inventory of (or otherwise has ready access to, such as through purchasing contracts) each of the types of diabetic testing strip products that is included in the bid submitted by the entity. In the case that an entity enters into such a contract with the Secretary and fails to fulfill the requirement described in the preceding sentence, the Secretary shall terminate such contract. (F) Monitoring adherence to demonstration The Secretary shall establish a process to monitor, on an ongoing basis, the extent to which an entity that enters into a contract with the Secretary for diabetic testing strips under the competition conducted pursuant to paragraph (1) adheres to the demonstration that the entity provided to the Secretary under subparagraph (A). . (2) Conforming amendment Section 1847(b)(3)(A) of the Social Security Act ( 42 U.S.C. 1395w–3(b)(3)(A) ) is amended by adding at the end the following new sentence: In the case that such a contract is for diabetic testing strips, such contract shall include the information required under paragraph (10)(E). (b) Codifying and Expanding Anti-Switching Rule Section 1847(b) of the Social Security Act ( 42 U.S.C. 1395w–3(b) ), as amended by subsection (a)(1), is further amended— (1) by redesignating paragraph (11) as paragraph (12); and (2) by inserting after paragraph (10) the following new paragraph: (11) Additional special rule in case of competition for diabetic testing strips (A) In general With respect to diabetic testing strips furnished by an entity to an individual under the competitive acquisition program established under this section, the entity shall furnish to the individual the brand of such strips that is compatible with the home blood glucose monitor selected by the individual. (B) Prohibition on influencing and incentivizing An entity described in subparagraph (A) may not attempt to influence or incentivize the individual described in such subparagraph to switch the brand of glucose monitor or testing strips selected by the individual, including by— (i) persuading, pressuring, or advising the individual to switch such brand; or (ii) furnishing information about alternative brands to the individual in the case that the individual has not requested such information. (C) Provision of information An entity described in subparagraph (A) may not communicate directly to an individual described in such subparagraph until the entity has verbally provided the individual with standardized information, to be supplied to the entity by the Secretary, that describes the rights of the individual with respect to the entity. The information described in the preceding sentence shall include information regarding— (i) the requirements established in subparagraphs (A) and (B); (ii) the right of the individual to contact other mail order suppliers of diabetic testing strips or to purchase such strips at a retail pharmacy in the case that the entity is not able to furnish the brand of such strips that is compatible with the home blood glucose monitor selected by the individual; and (iii) the right of the individual described in subparagraph (D) to reject diabetic testing strips furnished to the individual by the entity. (D) Individuals allowed to switch from unwanted products (i) In general The Secretary shall establish a process under which an individual furnished with diabetic testing strips under the competitive acquisition program established under this section may reject the strips by notification, including notification by telephone or electronic mail, to the supplier and to the Secretary. (ii) Consequences of rejection In the case that an individual rejects diabetic testing strips under clause (i)— (I) any payment made to the supplier under this title for a portion of such strips furnished for use during the period beginning with the date on which the individual rejects the strips shall be recovered by the Secretary; and (II) the individual may obtain different diabetic testing strips from a supplier, and the Secretary shall process a claim for such different diabetic testing strips without regard to any benefit or coverage limitations arising from the fact that a claim has already been submitted and payment made for the rejected diabetic testing strips. (iii) Prohibition on future claims In the case that an individual rejects diabetic testing strips under clause (i), the supplier who supplied the rejected diabetic testing strips to the individual may not submit additional claims for payment on behalf of the individual for the type or brand of diabetic testing strips so rejected by the individual, unless the individual makes a separate expression of consent to the supplier to be furnished with such type or brand of diabetic testing strips by the supplier. . (c) Effective date The amendments made by this section shall apply with respect to diabetic testing strips furnished on or after July 1, 2016.	https://www.govinfo.gov/content/pkg/BILLS-113hr5808ih/xml/BILLS-113hr5808ih.xml
113-hr-5809	I 113th CONGRESS 2d Session H. R. 5809 IN THE HOUSE OF REPRESENTATIVES December 8, 2014 Mr. Tiberi (for himself and Mr. Larson of Connecticut ) 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 require State licensure and bid surety bonds for entities submitting bids under the Medicare durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) competitive acquisition program, and for other purposes. 1. Short title This Act may be cited as the ‘‘ Medicare DMEPOS Competitive Bidding Improvement Act of 2014 ’’. 2. Requiring state licensure and bid surety bonds for entities submitting bids under the Medicare DMEPOS competitive acquisition program Section 1847(a)(1) of the Social Security Act ( 42 U.S.C. 1395w–3(a)(1) ) is amended by adding at the end the following new subparagraphs: (G) Requiring state licensure and bid bonds for bidding entities With respect to rounds of competitions beginning under this subsection on or after the date of enactment of this subparagraph, the Secretary may not accept a bid from an entity for an area unless, as of the deadline for bid submission— (i) the entity meets applicable State licensure requirements for such area for all items in such bid for a product category; and (ii) the entity has obtained (and provided the Secretary with proof of having obtained) a bid surety bond (in this paragraph referred to as a bid bond ) in a form specified by the Secretary consistent with subparagraph (H) and in an amount that is not less than $50,000 and not more than $100,000 for each such area. (H) Treatment of bid bonds submitted (i) For successful bidders that do not accept the contract In the case of a bidding entity that is offered a contract for an area for a product category, if the entity’s composite bid— (I) is at or below the product category’s median composite bid rate for the area and the entity does not accept the contract offered for the product and area, the bid bond submitted shall be forfeited by the bidding entity and the Secretary shall collect on it; or (II) is above such median composite bid rate and the entity chooses not to accept a contract for the product category, the bid bond submitted shall be returned within 90 days of the date of notice of nonacceptance. (ii) For losing bidders If a bidding entity submits a bid that is not accepted for an area, the bid bond submitted for the entity for such area shall be returned within 90 days of the date of notice of nonacceptance. .	https://www.govinfo.gov/content/pkg/BILLS-113hr5809ih/xml/BILLS-113hr5809ih.xml
113-hr-5810	I 113th CONGRESS 2d Session H. R. 5810 IN THE HOUSE OF REPRESENTATIVES December 8, 2014 Mr. Westmoreland (for himself, Mr. David Scott of Georgia , Mr. Austin Scott of Georgia , and Mr. Bishop of Georgia ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the United States Cotton Futures Act to exclude certain cotton futures contracts from coverage under such Act. 1. Excluding certain cotton futures contracts from coverage under United States Cotton Futures Act (a) In general Subsection (c)(1) of the United States Cotton Futures Act ( 7 U.S.C. 15B(c)(1) ) is amended— (1) by striking except that any cotton futures contract and inserting the following: except that— (A) any cotton futures contract ; and (2) by adding at the end the following new subparagraph: (B) any cotton futures contract that permits tender of cotton grown outside of the United States is excluded from the coverage of this paragraph and section to the extent that the cotton grown outside of the United States is tendered for delivery under the cotton futures contract. . (b) Application The amendments made by subsection (a) shall apply with respect to cotton futures contracts entered into on or after the date of the enactment of this Act.	https://www.govinfo.gov/content/pkg/BILLS-113hr5810ih/xml/BILLS-113hr5810ih.xml
113-hr-5811	I 113th CONGRESS 2d Session H. R. 5811 IN THE HOUSE OF REPRESENTATIVES December 9, 2014 Mr. McKinley (for himself and Mr. Loebsack ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to provide a charitable deduction for the service of volunteer firefighters and emergency medical and rescue personnel. 1. Short title This Act may be cited as the Volunteer Emergency Responders Tax Deduction Act . 2. Allowance of charitable deduction for the service of volunteer firefighters and emergency medical and rescue personnel (a) In general Section 170 of the Internal Revenue Code of 1986 is amended by redesignating subsection (p) as subsection (q) and by inserting after subsection (o) the following new subsection: (p) Service of volunteer firefighters and emergency medical personnel treated as charitable contribution (1) In general Each hour of qualified services rendered by an individual as a bona fide volunteer shall be treated for purposes of this section as a contribution of $20 to the organization to which such services are rendered. (2) Limitation Not more than 300 hours of qualified services shall be taken into account under paragraph (1) with respect to any individual for any taxable year. (3) Definitions For purposes of this subsection— (A) Bona fide volunteer An individual shall be treated as a bona fide volunteer if the only compensation received by such individual for performing qualified services is in the form of— (i) reimbursement for (or a reasonable allowance for) reasonable expenses incurred in the performance of such services, or (ii) reasonable benefits (including length of service awards), and fees for such services, customarily paid by eligible employers in connection with the performance of such services by volunteers. (B) Qualified services The term qualified services means fire fighting and prevention services, emergency medical services, ambulance services, civil air patrol, and emergency rescue services. Such term shall include all training and training-related activities related to the services described in the preceding sentence which are required or authorized by the organization referred to in paragraph (1). (4) Verification A contribution to which this subsection applies shall be verified in such manner as the Secretary may provide. (5) Inflation adjustment In the case of any taxable year beginning in a calendar year after 2015, the $20 amount contained in paragraph (1) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins determined by substituting calendar year 2014 for calendar year 1992 in subparagraph (B) thereof. Any increase determined under the preceding sentence which is not a multiple of $1 shall be rounded to the nearest multiple of $1. . (b) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.	https://www.govinfo.gov/content/pkg/BILLS-113hr5811ih/xml/BILLS-113hr5811ih.xml
113-hr-5812	I 113th CONGRESS 2d Session H. R. 5812 IN THE HOUSE OF REPRESENTATIVES December 9, 2014 Mr. Cartwright (for himself and Mr. Rodney Davis of Illinois ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology , and in addition to the Committees on Education and the Workforce , Energy and Commerce , and Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To support innovation, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Innovate America Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. TITLE I—Education Sec. 101. Definitions. Sec. 102. Increasing funding for STEM secondary schools. Sec. 103. Report on STEM programs at secondary schools. Sec. 104. Study and report on retaining STEM students. Sec. 105. Expanding undergraduate research opportunities. Sec. 106. Technology Commercialization Awards Pilot Program. Sec. 107. Computer science in the Robert Noyce teacher scholarship program. TITLE II—Manufacturing and export promotions Sec. 201. Manufacturing assistance program for small- and medium-sized manufacturers in the United States. Sec. 202. Removing barriers for exporting industries in the United States. TITLE III—Offsets Sec. 301. Limitation on Government printing costs. Sec. 302. Eliminating bonuses for poor performance by Government contractors. 2. Findings Congress finds the following: (1) Innovation has historically been a catalyzing force in the American economy, driving the production of game-changing technologies, the creation of millions of jobs and the opening of countless new avenues for growth. In an increasingly competitive global economy, our Nation’s continued leadership and prosperity will hinge on progress in key innovative areas, most notably exporting, entrepreneurship, research and development, and education in science, technology, engineering, and mathematics (STEM), including computer science. (2) Technology-based startups play a critical role in driving innovation. Increasing the flow of capital to these firms would bridge the gap that often exists between their initial startup costs and their long-term capital needs, giving the firms the resources necessary to research, develop, and commercialize new products. (3) Simplifying, expanding, and stabilizing the tax credits that businesses and institutions of higher education rely on to offset the cost of research and would promote greater clarity in the Internal Revenue Code of 1986 and deliver a powerful incentive for private sector innovation. (4) Increasing the emphasis on STEM education in high schools and institutions of higher education would ensure that more students have the skills and training to not only compete for jobs in a 21st century economy, but also to create the startup companies and revolutionary technologies that will sustain American prosperity for centuries to come. (5) The United States Bureau of Labor Statistics predicts that in the year 2020, of the 9,200,000 STEM jobs there will be in the United States, half of them will be in computing. With more than 150,000 job openings expected annually in computing, it is one of the fastest growing occupations in the United States. Increasing the teaching and learning of computer science in schools would strengthen the American workforce by helping our students gain the skills and training necessary to fulfill new computer programming jobs. (6) An effective regulatory climate should protect consumers and promote transparency without overburdening the businesses that create jobs. Federal agencies with rulemaking authority should be vigilant in assessing the impact of new regulations on innovation and job creation, particularly in anchor industries like manufacturing. (7) The economic impact of a new product or technology is often dependent on its commercial success. To ensure American products can be bought and sold in markets around the world, the Government should identify and remove over burdensome regulations that create barriers for United States exporting companies. I Education 101. Definitions In this title: (1) Director The term Director means the Director of the National Science Foundation. (2) Institution of higher education The term institution of higher education means an institution of higher education, as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (3) STEM The term STEM means the subjects of science, technology, engineering, and mathematics, including other subjects based on science, technology, engineering, or mathematics, such as computer science. (4) STEM secondary school The term STEM secondary school has the meaning given the term by the Director, in coordination with the Secretary of Education, not later than 60 days after the date of enactment of this Act. (5) State educational agency The term State 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 ). 102. Increasing funding for STEM secondary schools (a) Purpose The purpose of this section is to increase the number of STEM secondary schools in the United States from approximately 100 to approximately 200. (b) Program authorized (1) In general From amounts appropriated under subsection (e), the Secretary of Education, in coordination with the Director, shall award grants, on a competitive basis, to State educational agencies to enable the State educational agencies to carry out the purposes of this section by establishing or expanding STEM secondary schools. (2) Geographic distribution The Secretary shall award grants under this section in a manner that ensures geographic diversity, including awarding grants to State educational agencies serving rural areas. (c) Application A State educational agency desiring to receive a grant under this section shall submit an application to the Secretary of Education at such time, in such manner, and containing such information as the Secretary may require. (d) Use of funds A State educational agency receiving funds under this section shall use such funds to award subgrants, on a competitive basis, to local educational agencies in the State to enable the local educational agencies to establish and maintain new STEM secondary schools, which may include repurposing an existing secondary school to become a STEM secondary school. (e) Authorization of appropriations There are authorized to be appropriated to carry out this section, $50,000,000 for each of fiscal years 2015 through 2024. 103. Report on STEM secondary schools (a) Database The Secretary of Education, in coordination with the Director, shall develop a database to identify existing STEM secondary schools. (b) Report Not later than 1 year after the date of enactment of this Act, the Secretary of Education, in coordination with the Director, shall submit a report to Congress with recommendations on how to replicate existing successful STEM secondary schools. 104. Study and report on retaining stem students (a) In general The Director shall conduct a study, in coordination with the Secretary of Education, to make recommendations to Congress on how to improve retention rates of students in STEM programs at institutions of higher education. The study should include an analysis of existing successful retention programs at institutions of higher education. (b) Report Not later than 1 year after the date of enactment of this Act, the Director shall submit to Congress a report on the study conducted under subsection (a). 105. Expanding undergraduate research opportunities (a) In general Not later than June 1, 2016, the President shall ensure that not less than 15 percent of all Federal funds available for a fiscal year for undergraduate research opportunities at 2-year and 4-year degree granting institutions of higher education shall be used to fund research opportunities for postsecondary students, with emphasis on undergraduate research opportunities occurring during the first 2 academic years of postsecondary education. (b) Sense of Congress It is the sense of the Congress that each Federal agency should restructure the agency's undergraduate student research opportunities for students attending 2-year or 4-year institutions of higher education, in order to provide more research opportunities for postsecondary students during the students' first 2 academic years of postsecondary education. (c) Identification of research programs Not later than December 31, 2015, the head of each Federal agency shall submit to the President— (1) a list of all programs and funds available for undergraduate student research under the jurisdiction of the agency; and (2) recommendations regarding how the agency can best fulfill the requirements of subsection (a). 106. Technology Commercialization Awards Pilot Program (a) In general The Director of the National Science Foundation (referred to in this section as the Director ), through the Partnerships for Innovation Program, shall administer a Technology Commercialization Awards Pilot Program through which promising technology advances derived from National Science Foundation research grants shall be eligible for follow-on funding— (1) to move the technology through prototype and demonstration phases; (2) for training for researcher participants in business plan development, technology transfer, and commercialization; and (3) for establishing start-up firms based on the technologies developed. (b) Competitive selection The Director shall— (1) seek from National Science Foundation offices and divisions recommendations on outstanding research funded by the National Science Foundation with clear promise that such research can be advanced close to commercialized in a 3- to 5-year period; (2) solicit applications from National Science Foundation award grantees who believe that they have qualifying technologies eligible for commercialization; and (3) award grants to such National Science Foundation award grantees based on a merit-based, competitive selection process. (c) Advisory Committee The Director shall form an Advisory Committee of experts on technology and the technology commercialization process to advise the National Science Foundation on the Technology Commercialization Awards Pilot Program. (d) Report Not later than 3 years after the first grant is awarded under this section, the Director shall— (1) report to the relevant committees of Congress on the Technology Commercialization Awards Pilot Program’s results; and (2) make recommendations on whether and how such a technology commercialization fund could be adopted by other Federal research and development agencies. (e) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000 for each of the fiscal years 2015 through 2019. 107. Computer science in the Robert Noyce teacher scholarship program Section 10 of the National Science Foundation Authorization Act of 2002 ( 42 U.S.C. 1862n–1 ) is amended— (1) by striking and mathematics and inserting mathematics, informatics, and computer science each place the term appears; (2) in subsection (b)(1)(D)(i), by striking or mathematics and inserting mathematics, informatics, or computer science ; (3) in subsection (c)— (A) in paragraph (1)(A), by striking or mathematics and inserting mathematics, informatics, or computer science ; and (B) in paragraph (4), by striking mathematics or and inserting mathematics, informatics, or computer science ; (4) in subsection (d)(4), by striking mathematics or and inserting mathematics, informatics, or computer science ; and (5) in subsection (i)— (A) in paragraph (5), by striking or mathematics and inserting mathematics, or computer science ; and (B) in paragraph (7), by striking or mathematics, and inserting mathematics, informatics, or computer science, . II Manufacturing and export promotions 201. Manufacturing assistance program for small- and medium-sized manufacturers in the United States (a) Definitions In this section: (1) Secretary The term Secretary means the Secretary of Commerce. (2) Small- and medium-sized domestic manufacturers The term small- and medium-sized domestic manufacturers means businesses— (A) with not more than 500 employees; and (B) with facilities located in the United States that mechanically, physically, or chemically transform materials, substances, or components into new products, including component parts. (b) Establishment Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a manufacturing assistance program for small- and medium-sized domestic manufacturers for the purposes of promoting the manufacturing of goods in the United States and enabling those manufacturers to be competitive in the global economy by— (1) identifying and reducing regulatory burdens on those manufacturers under subsection (c); and (2) providing those manufacturers with information and other assistance under subsection (d). (c) Reduction of regulatory burdens The Secretary shall— (1) identify any regulatory requirements applicable to small- and medium-sized domestic manufacturers that— (A) impose an unnecessary burden on those manufacturers; and (B) may be eliminated or reduced in order to promote the manufacture of goods in the United States; (2) take appropriate action to eliminate or reduce the regulatory requirements identified under paragraph (1); and (3) not later than 1 year after the date on which the Secretary establishes the program required by subsection (b), submit to Congress a report that makes recommendations with respect to action by Congress that may be necessary to eliminate or reduce the regulatory requirements identified under paragraph (1). (d) Assistance The Secretary shall assist small- and medium-sized domestic manufacturers by providing the manufacturers with information with respect to— (1) how small- and medium-sized domestic manufacturers can comply efficiently with regulations applicable to those manufacturers; (2) recently proposed and recently prescribed regulations likely to have an effect on small- and medium-sized domestic manufacturers; and (3) how small- and medium-sized domestic manufacturers can express their views and provide input with respect to any policy developments relating to the manufacture of products in the United States. (e) Report on effectiveness of program Not later than 2 years after the date of enactment of this Act, the Hollings Manufacturing Extension Partnership of the National Institute of Standards and Technology shall submit to Congress a report on the program established under subsection (b) that includes— (1) an assessment of the extent to which the program has been effective— (A) in identifying and reducing regulatory burdens on small- and medium-sized domestic manufacturers under subsection (c); (B) in providing information and other assistance to small- and medium-sized domestic manufacturers under subsection (d); and (C) in promoting the manufacturing of goods in the United States and enabling small- and medium-sized domestic manufacturers to be competitive in the global economy; (2) detailed information with respect to the nature, location, and duration of any jobs created as a result of the program established under subsection (b) and a description of the methodology used to compile that information; and (3) any recommendations with respect to continuing or improving the program established under subsection (b). (f) Authorization of appropriations There are authorized to be appropriated to the Secretary $15,000,000 for each of the fiscal years 2015 through 2019 to carry out the program established under subsection (b). 202. Removing barriers for exporting industries in the United States Not later than 180 days after the date of the enactment of this Act, the Under Secretary for International Trade of the Department of Commerce shall submit to Congress a report— (1) identifying the 20 industries in the United States that export the most goods or services; (2) evaluating the competitiveness of those 20 industries in global markets compared to competitors manufacturing outside the United States; (3) identifying domestic regulatory and policy barriers to increasing exports by these industries; (4) identifying foreign barriers that impede the access of these industries to foreign markets; and (5) making recommendations with respect to legislative action that could by taken by Congress to reduce those barriers and improve the global competitiveness of these industries in foreign markets. III Offsets 301. Limitation on Government printing costs Not later than 180 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 Web sites 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 Governmentwide Federal guidelines on employee printing; and (3) issue on the Office of Management and Budget's public Web site the results of a cost-benefit analysis on implementing a digital signature system and on establishing employee printing identification systems, such as the use of individual employee cards or codes, to monitor the amount of printing done by Federal employees, except that the Director of the Office of Management and Budget shall ensure that Federal employee printing costs unrelated to national defense, homeland security, border security, national disasters, and other emergencies do not exceed $860,000,000 annually. 302. Eliminating bonuses for poor performance by Government contractors (a) Guidance on linking of award and incentive fees to outcomes Not later than 180 days after the date of enactment of this Act, each Federal department or agency shall issue guidance, with detailed implementation instructions (including definitions), on the appropriate use of award and incentive fees in department or agency programs. (b) Elements The guidance under subsection (a) shall— (1) ensure that all new contracts using award fees link such fees to outcomes (which shall be defined in terms of program cost, schedule, and performance); (2) establish standards for identifying the appropriate level of officials authorized to approve the use of award and incentive fees in new contracts; (3) provide guidance on the circumstances in which contractor performance may be judged to be excellent or superior and the percentage of the available award fee which contractors should be paid for such performance; (4) establish standards for determining the percentage of the available award fee, if any, which contractors should be paid for performance that is judged to be acceptable, average, expected, good, or satisfactory; (5) ensure that no award fee may be paid for contractor performance that is judged to be below satisfactory performance or performance that does not meet the basic requirements of the contract; (6) provide specific direction on the circumstances, if any, in which it may be appropriate to roll over award fees that are not earned in one award fee period to a subsequent award fee period or periods; (7) ensure that the Department or agency— (A) collects relevant data on award and incentive fees paid to contractors; and (B) has mechanisms in place to evaluate such data on a regular basis; and (8) include performance measures to evaluate the effectiveness of award and incentive fees as a tool for improving contractor performance and achieving desired program outcomes. (c) Return of unearned bonuses Any funds intended to be awarded as incentive fees that are not paid due to contractors' inability to meet the criteria established by this section shall be returned to the Treasury.	https://www.govinfo.gov/content/pkg/BILLS-113hr5812ih/xml/BILLS-113hr5812ih.xml
113-hr-5813	I 113th CONGRESS 2d Session H. R. 5813 IN THE HOUSE OF REPRESENTATIVES December 9, 2014 Mr. Grimm (for himself and Mr. Nunnelee ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To allow for a contract for operation of Melville Hall at the United States Merchant Marine Academy, after receipt of a gift from the United States Merchant Marine Academy Alumni Association and Foundation, Inc., for renovation of such hall and for other purposes. 1. Short title This Act may be cited as the U.S. Merchant Marine Academy Improvement Act of 2014 . 2. Melville Hall of United States Merchant Marine Academy (a) Gift to the Merchant Marine Academy The Maritime Administrator may accept a gift of money from the Foundation under section 51315 of title 46, United States Code, for the purpose of renovating Melville Hall on the campus of the United States Merchant Marine Academy. (b) Covered gifts A gift described in this subsection is a gift under subsection (a) that the Maritime Administrator determines exceeds the sum of— (1) the minimum amount that is sufficient to ensure the renovation of Melville Hall in accordance with the capital improvement plan of the United States Merchant Marine Academy that was in effect on the date of enactment of this Act; and (2) 25 percent of the amount described in paragraph (1). (c) Operation contracts Subject to subsection (d), in the case that the Maritime Administrator accepts a gift of money described in subsection (b), the Maritime Administrator may enter into a contract with the Foundation for the operation of Melville Hall to make available facilities for, among other possible uses, official academy functions, third-party catering functions, and industry events and conferences. (d) Contract terms The contract described in subsection (c) shall be for such period and on such terms as the Maritime Administrator considers appropriate, including a provision, mutually agreeable to the Maritime Administrator and the Foundation, that— (1) requires the Foundation— (A) at the expense solely of the Foundation through the term of the contract to maintain Melville Hall in a condition that is as good as or better than the condition Melville Hall was in on the later of— (i) the date that the renovation of Melville Hall was completed; or (ii) the date that the Foundation accepted Melville Hall after it was tendered to the Foundation by the Maritime Administrator; and (B) to deposit all proceeds from the operation of Melville Hall, after expenses necessary for the operation and maintenance of Melville Hall, into the account of the Regimental Affairs Non-Appropriated Fund Instrumentality or successor entity, to be used solely for the morale and welfare of the cadets of the United States Merchant Marine Academy; and (2) prohibits the use of Melville Hall as lodging or an office by any person for more than 4 days in any calendar year other than— (A) by the United States; or (B) for the administration and operation of Melville Hall. (e) Definitions In this section: (1) Contract The term contract includes any modification, extension, or renewal of the contract. (2) Foundation In this section, the term Foundation means the United States Merchant Marine Academy Alumni Association and Foundation, Inc. (f) Rules of construction Nothing in this section may be construed under section 3105 of title 41, United States Code, as requiring the Maritime Administrator to award a contract for the operation of Melville Hall to the Foundation.	https://www.govinfo.gov/content/pkg/BILLS-113hr5813ih/xml/BILLS-113hr5813ih.xml
113-hr-5814	I 113th CONGRESS 2d Session H. R. 5814 IN THE HOUSE OF REPRESENTATIVES December 9, 2014 Mr. Barton (for himself and Mr. Bridenstine ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Foreign Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To adapt to changing crude oil market conditions. 1. Findings The Congress finds that— (1) the United States has enjoyed a renaissance in energy production, establishing the United States as the world’s leading oil producer; (2) the United States upholds a commitment to free trade and open markets and has consistently opposed attempts by other nations to restrict the free flow of energy; and (3) the United States should remove all restrictions on the export of crude oil, which will provide domestic economic benefits, enhanced energy security, and flexibility in foreign diplomacy. 2. Repeal Section 103 of the Energy Policy and Conservation Act ( 42 U.S.C. 6212 ) and the item relating thereto in the table of contents of that Act are repealed. 3. National policy on oil export restriction Notwithstanding any other provision of law, to promote the efficient exploration, production, storage, supply, marketing, pricing, and regulation of energy resources, including fossil fuels, no official of the Federal Government shall impose or enforce any restriction on the export of crude oil. 4. Study and recommendations Not later than 120 days after the date of enactment of this Act, the Secretary of Energy shall conduct a study and transmit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate recommendations on the appropriate size, composition, and purpose of the Strategic Petroleum Reserve.	https://www.govinfo.gov/content/pkg/BILLS-113hr5814ih/xml/BILLS-113hr5814ih.xml
113-hr-5815	I 113th CONGRESS 2d Session H. R. 5815 IN THE HOUSE OF REPRESENTATIVES December 9, 2014 Mr. Collins of Georgia (for himself and Mr. Loebsack ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on Ways and Means , Armed Services , and Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to provide for pharmacy benefits manager standards under the Medicare prescription drug program to further transparency of payment methodologies to pharmacies, and for other purposes. 1. Short title This Act may be cited as the Generic Drug Pricing Fairness Act . 2. Pharmacy benefits manager standards under the Medicare program (a) In general Section 1860D–12(b) of the Social Security Act ( 42 U.S.C. 1395w–112(b) ) is amended by adding at the end the following new paragraph: (7) Pharmacy benefits manager transparency requirements Each contract entered into with a PDP sponsor under this part with respect to a prescription drug plan offered by such sponsor shall provide that the PDP may not enter into a contract with any pharmacy benefits manager (referred to in this paragraph as a PBM ) to manage the prescription drug coverage provided under such plan, or to control the costs of the prescription drug coverage under such plan, unless the PBM adheres to the following criteria when handling personally identifiable utilization and claims data or other sensitive patient data: (A) The PBM may not transmit any personally identifiable utilization or claims data, with respect to a plan enrollee, to a pharmacy owned by a PBM if the plan enrollee has not voluntarily elected in writing or via secure electronic means to fill that particular prescription at the PBM-owned pharmacy. (B) The PBM may not require that a plan enrollee use a retail pharmacy, mail order pharmacy, specialty pharmacy, or other pharmacy entity providing pharmacy services in which the PBM has an ownership interest or that has an ownership interest in the PBM or provide an incentive to a plan enrollee to encourage the enrollee to use a retail pharmacy, mail order pharmacy, specialty pharmacy, or other pharmacy entity providing pharmacy services in which the PBM has an ownership interest or that has an ownership interest in the PBM, if the incentive is applicable only to such pharmacies. . (b) Regular update of prescription drug pricing standard Paragraph (6) of section 1860D–12(b) of the Social Security Act ( 42 U.S.C. 1395w–112(b) ) is amended to read as follows: (6) Regular update of prescription drug pricing standard (A) In general If the PDP sponsor of a prescription drug plan uses a standard for reimbursement (as described in subparagraph (B)) of pharmacies based on the cost of a drug, each contract entered into with such sponsor under this part with respect to the plan shall provide that the sponsor shall— (i) update such standard not less frequently than once every 7 days, beginning with an initial update on January 1 of each year, to accurately reflect the market price of acquiring the drug; (ii) disclose to applicable pharmacies the sources used for making any such update; (iii) if the source for such a standard for reimbursement is not publicly available, disclose to the applicable pharmacies all individual drug prices to be so updated in advance of the use of such prices for the reimbursement of claims; and (iv) establish a process to appeal, investigate, and resolve disputes regarding individual drug prices that are less than the pharmacy acquisition price for such drug. (B) Prescription drug pricing standard defined For purposes of subparagraph (A), a standard for reimbursement of a pharmacy is any methodology or formula for varying the pricing of a drug or drugs during the term of the pharmacy reimbursement contract that is based on the cost of the drug involved, including drug pricing references and amounts that are based upon average wholesale price, wholesale average cost, average manufacturer price, average sales price, maximum allowable cost (MAC), or other costs, whether publicly available or not. . (c) Effective date The amendments made by this section shall apply to plan years beginning on or after January 1, 2015. 3. Regular update of prescription drug pricing standard under TRICARE retail pharmacy program Section 1074g(d) of title 10, United States Code, is amended by adding at the end the following new paragraph: (3) To the extent practicable, with respect to the TRICARE retail pharmacy program described in subsection (a)(2)(E)(ii), the Secretary shall ensure that a contract entered into with a TRICARE managed care support contractor includes requirements described in section 1860D–12(b)(6) of the Social Security Act ( 42 U.S.C. 1395w–112(b)(6) ) to ensure the provision of information regarding the pricing standard for prescription drugs. . 4. Prescription drug transparency in the Federal Employee Health Benefits program (a) In general Section 8902 of title 5, United States Code, is amended by adding at the end the following new subsections: (p) A contract may not be made or a plan approved under this chapter under which a carrier has an agreement with a pharmacy benefits manager (in this subsection referred to as a PBM ) to manage prescription drug coverage or to control the costs of the prescription drug coverage unless the carrier and PBM adhere to the following criteria: (1) The PBM may not transmit any personally identifiable utilization or claims data with respect to an individual enrolled under such contract or plan to a pharmacy owned by the PBM if the individual has not voluntarily elected in writing or via secure electronic means to fill that particular prescription at such a pharmacy. (2) The PBM may not require that an individual enrolled under such contract or plan use a retail pharmacy, mail order pharmacy, specialty pharmacy, or other pharmacy entity providing pharmacy services in which the PBM has an ownership interest or that has an ownership interest in the PBM or provide an incentive to a plan enrollee to encourage the enrollee to use a retail pharmacy, mail order pharmacy, specialty pharmacy, or other pharmacy entity providing pharmacy services in which the PBM has an ownership interest or that has an ownership interest in the PBM, if the incentive is applicable only to such pharmacies. (q) (1) If a contract made or plan approved under this chapter provides for a standard for reimbursement (as described in paragraph (2)) with respect to a prescription drug plan, such contract or plan shall provide that the applicable carrier— (A) update such standard not less frequently than once every 7 days, beginning with an initial update on January 1 of each year, to accurately reflect the market price of acquiring the drug; (B) disclose to applicable pharmacies the sources used for making any such update; (C) if the source for such a standard for reimbursement is not publicly available, disclose to the applicable pharmacies all individual drug prices to be so updated in advance of the use of such prices for the reimbursement of claims; and (D) establish a process to appeal, investigate, and resolve disputes regarding individual drug prices that are less than the pharmacy acquisition price for such drug. (2) For purposes of paragraph (1), a standard for reimbursement of a pharmacy is any methodology or formula for varying the pricing of a drug or drugs during the term of the pharmacy reimbursement contract that is based on the cost of the drug involved, including drug pricing references and amounts that are based upon average wholesale price, wholesale average cost, average manufacturer price, average sales price, maximum allowable cost, or other costs, whether publicly available or not. . (b) Application The amendment made by subsection (a) shall apply to any contract entered into under section 8902 of title 5, United States Code, on or after the date of enactment of this section.	https://www.govinfo.gov/content/pkg/BILLS-113hr5815ih/xml/BILLS-113hr5815ih.xml
113-hr-5816	I 113th CONGRESS 2d Session H. R. 5816 IN THE HOUSE OF REPRESENTATIVES AN ACT To extend the authorization for the United States Commission on International Religious Freedom. 1. Extension and termination of authority The International Religious Freedom Act of 1998 is amended— (1) in section 207(a) ( 22 U.S.C. 6435(a) ), by striking 2014 and inserting 2015 ; and (2) in section 209 ( 22 U.S.C. 6436 ), by striking September 30, 2014 and inserting September 30, 2015 . 2. Effective date The amendments made by this Act shall take effect as if enacted on December 10, 2014. Passed the House of Representatives December 10, 2014. Karen L. Haas, Clerk.	https://www.govinfo.gov/content/pkg/BILLS-113hr5816eh/xml/BILLS-113hr5816eh.xml
113-hr-5817	I 113th CONGRESS 2d Session H. R. 5817 IN THE HOUSE OF REPRESENTATIVES December 9, 2014 Ms. Duckworth introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend section 701 of the Veterans Access, Choice, and Accountability Act of 2014 to clarify the period of eligibility during which certain spouses are entitled to assistance under the Marine Gunnery Sergeant John David Fry Scholarship. 1. Clarification of Eligibility for Marine Gunnery Sergeant John David Fry Scholarship Section 701(d) of the Veterans Access, Choice, and Accountability Act of 2014 ( Public Law 113–146 ; 128 Stat. 1796; 38 U.S.C. 3311 note) is amended to read as follows: (d) Applicability The amendments made by this section shall apply with respect to a quarter, semester, or term, as applicable, commencing on or after January 1, 2015. For purposes of section 3311(f)(2) of title 38, United States Code, any member of the Armed Forces who died during the period beginning on September 11, 2001, and ending on December 31, 2005, is deemed to have died on January 1, 2006. .	https://www.govinfo.gov/content/pkg/BILLS-113hr5817ih/xml/BILLS-113hr5817ih.xml
113-hr-5818	I 113th CONGRESS 2d Session H. R. 5818 IN THE HOUSE OF REPRESENTATIVES December 9, 2014 Mr. Fleming introduced the following bill; which was referred to the Committee on Natural Resources A BILL To relinquish all Federal interests in certain lands in the State of Louisiana to correct errors resulting from possible omission of lands from previous surveys, and for other purposes. 1. Findings Congress finds as follows: (1) On December 8, 1842, the Surveyor General of the United States Government approved an original survey of lands in Northern Louisiana, which included the lands surrounding Lake Bistineau (subject lands). (2) Under the Equal Footing Doctrine, the State of Louisiana was entitled to the lands underlying the navigable waters in place at statehood within its limits. (3) In 1901, the State of Louisiana transferred over 7,000 acres of land to the Commissioners of the Bossier Levee District through Louisiana Act Number 89 of 1892. (4) The State of Louisiana conducted a survey in 1901 that followed the same path around Lake Bistineau as the Original Survey of 1842. (5) The Bossier Levee District subsequently conveyed the subject lands to private ownership in 1904. Lands within the subject lands continued to be bought and sold in good faith based on the stability of this title. (6) On September 16, 1967, the Bureau of Land Management (BLM) submitted a re-survey of the subject lands for Section 30–T16N–R10W and two adjacent islands. The re-survey presented a new line to represent what the BLM surveyors believed was the contour of Lake Bistineau 155 years earlier, when Louisiana joined the Union. The BLM approved the re-survey on January 15, 1969. That re-survey was filed in the Federal Register, but the BLM has presented no records of notifying all of the affected landowners of the re-survey’s effects or that the re-survey could be contested. (7) On September 27, 2013, the BLM notified certain affected landowners that title to their property would appear to be still vested in the United States . (8) There are estimated to be over 200 acres and over 50 residential homes on the recently disputed lands. 2. Relinquishment of Federal interests in lands As soon as practicable after the date of the enactment of this Act, the Secretary of the Interior shall execute documents required to relinquish all Federal interests in the Property. 3. Effective date The effective date of the relinquishment pursuant to section 2 shall be December 8, 1842. 4. Property defined For the purposes of this Act, the term Property means the lands shown on that certain Dependent Re-Survey, Extension Survey and Survey of Two Islands , Sections 17, 29, and 30. Said survey being completed on November 24, 1967 and approved on January 15, 1969, consisting of the lands lying between the “original record meander courses of Lake Bistineau” and the re-survey’s representation of a 148.60 ft contour line for Lake Bistineau, being shown as Lots 6, 7, 8, 9, 10, 11, 12 and 13. All lands located within Township 16 North, Range 10 West, Bossier Parish, Louisiana.	https://www.govinfo.gov/content/pkg/BILLS-113hr5818ih/xml/BILLS-113hr5818ih.xml
113-hr-5819	I 113th CONGRESS 2d Session H. R. 5819 IN THE HOUSE OF REPRESENTATIVES December 9, 2014 Mr. Harris introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title IV of the Public Health Service Act to ensure that scientists are being funded at the age when they are most likely to make breakthroughs. 1. Short title This Act may be cited as the Funding Scientists at the Peak Age of Discovery Act of 2014 . 2. Funding scientists at peak age of discovery Part A of title IV of the Public Health Service Act ( 42 U.S.C. 283 et seq. ) is amended by adding at the end the following: 404M. Funding scientists at peak age of discovery (a) In general The Director of NIH shall ensure that the median age of first-time researchers receiving grants in the R series from the institutes, centers, and offices of the National Institutes of Health— (1) by January 1, 2019, is under 40 years of age; (2) by January 1, 2022, is under 39 years of age; and (3) by January 1, 2025, is under 38 years of age. (b) Exceptions Subsection (a) does not apply with respect to grants in the R series which are determined by the head of the respective institute, center, or office to be within any of the following categories: (1) Small business innovation research. (2) Small business technology transfer. (3) Clinical trial planning. (c) Definition In this section: (1) The term first-time researcher means a researcher who has not previously served as the principal investigator for a research project supported by the National Institutes of Health through a grant in the R series. (2) The term R series refers the category of grants that are designated by the National Institutes of Health to be covered by— (A) the activity code relating to research projects (as such activity code is in effect on the date of enactment of this section); or (B) any successor activity code. .	https://www.govinfo.gov/content/pkg/BILLS-113hr5819ih/xml/BILLS-113hr5819ih.xml
113-hr-5820	I 113th CONGRESS 2d Session H. R. 5820 IN THE HOUSE OF REPRESENTATIVES December 9, 2014 Mr. Harris introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title IV of the Public Health Service Act to allocate additional funding through the Common Fund for research by emerging scientists. 1. Short title This Act may be cited as the YES to Cures Act of 2014 . 2. Funding research by emerging scientists through Common Fund (a) Use of funds Section 402(b)(7)(B) of the Public Health Service Act ( 42 U.S.C. 282 ) is amended— (1) in clause (i), by striking and at the end; (2) by redesignating clause (ii) as clause (iii); and (3) by inserting after clause (i) the following: (ii) shall, with respect to funds reserved under section 402A(c)(1)(C) for the Common Fund, allocate such funds to the national research institutes and national centers for conducting and supporting research that is identified under subparagraph (A) and is carried out by one or more emerging scientists (as defined in section 402A(c)(1)(C)(iv)); and . (b) Reservation of funds Section 402A(c)(1) of the Public Health Service Act ( 42 U.S.C. 282a(c)(1) ) is amended— (1) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and (2) by inserting after subparagraph (B) the following: (C) Additional reservation for research by emerging scientists (i) Inapplicability of tap for evaluation activities Beginning with fiscal year 2015, funds appropriated to the National Institutes of Health shall not be subject to section 241. (ii) Reservation In addition to the amounts reserved for the Common Fund under subparagraph (B) and amounts appropriated to the Common Fund under subsection (a)(2), the Director of NIH shall reserve an amount for the Common Fund for fiscal year 2015 and each subsequent fiscal year that is equal to the amount that, but for clause (i), would be made available under section 241 for evaluation activities for such fiscal year. (iii) Purpose of reservation Amounts reserved under clause (ii) shall be used for the purpose of carrying out section 402(b)(7)(B)(ii) (relating to the conduct and support of research that is identified under section 402A(b)(7)(A) and is carried out by one or more emerging scientists). (iv) Definition In this subparagraph, the term emerging scientist means an investigator who— (I) will be the principal investigator or the program director of the proposed research; (II) has never been awarded, or has been awarded only once, a substantial, competing grant by the National Institutes of Health for independent research; and (III) is within 15 years of having completed— (aa) the investigator’s terminal degree; or (bb) a medical residency (or the equivalent). . (c) Supplement, not supplant; prohibition against transfer Funds reserved pursuant to section 402A(c)(1)(C) of the Public Health Service Act, as added by subsection (b)— (1) shall be used to supplement, not supplant, the funds otherwise allocated by the National Institutes of Health for young investigators; and (2) notwithstanding any transfer authority in any appropriation Act, shall not be used for any purpose other than allocating funds as described in section 402(b)(7)(B)(ii) of the Public Health Service Act, as added by subsection (a). (d) Conforming amendments (1) Section 241(a) of the Public Health Service Act ( 42 U.S.C. 238j(a) ) is amended by striking Such portion and inserting Subject to section 402A(c)(1)(C)(i), such portion . (2) Section 402A(a)(2) of the Public Health Service Act is amended— (A) by striking 402(b)(7)(B)(ii) and inserting 402(b)(7)(B)(iii) ; and (B) by striking reserved under subsection (c)(1)(B)(i) and inserting reserved under subparagraph (B)(i) or (C)(ii) of subsection (c)(1) . (3) Section 3(c)(2) of the Gabriella Miller Kids First Research Act ( Public Law 113–94 ) is amended by striking 402(b)(7)(B)(ii) of the Public Health Service Act, as added by subsection (a) and inserting 402(b)(7)(B)(iii) of the Public Health Service Act, as added by subsection (a) and redesignated by section 2(a) of the YES to Cures Act of 2014 . (e) Rule of construction Nothing in this Act (and the amendments made by this Act) is intended to affect the amount of funds authorized to be appropriated to the Agency for Healthcare Research and Quality. 3. Report on trends in age of recipients of NIH-funded major research grants Not later than six months after the date of enactment of this Act, the Director of the National Institutes of Health shall submit a report to the Congress— (1) explaining why, over the 30-year period preceding the enactment of this Act— (A) there has been a substantial increase in the age of investigators receiving their first major research grant from the National Institutes of Health; (B) there has been a substantial increase in the average age of all recipients of major research grants from the National Institutes of Health; and (C) there has been a dramatic drop in the number of investigators under 40 years of age receiving major research grants from the National Institutes of Health; and (2) describing— (A) the steps taken by the National Institutes of Health in recent years to address the trends identified in paragraph (1); and (B) the impact of taking such steps.	https://www.govinfo.gov/content/pkg/BILLS-113hr5820ih/xml/BILLS-113hr5820ih.xml
113-hr-5821	I 113th CONGRESS 2d Session H. R. 5821 IN THE HOUSE OF REPRESENTATIVES December 9, 2014 Mr. Kingston introduced the following bill; which was referred to the Committee on Natural Resources A BILL To expand the boundary of Fort Frederica National Monument in the State of Georgia, and for other purposes. 1. Short title This Act may be cited as the Fort Frederica National Monument Boundary Expansion Act of 2014 . 2. Fort Frederica National Monument, Georgia (a) Maximum acreage The first section of the Act of May 26, 1936 ( 16 U.S.C. 433g ) is amended by striking two hundred and fifty acres and inserting 525 acres . (b) Boundary expansion (1) In general The boundary of the Fort Frederica National Monument in the State of Georgia is modified to include the land generally depicted as Proposed Acquisition Areas on the map entitled Fort Frederica National Monument Proposed Boundary Expansion , numbered 369/127,249, and dated November 2014. (2) Availability of map The map described in paragraph (1) shall be on file and available for public inspection in the appropriate offices of the National Park Service. (3) Acquisition of land The Secretary of the Interior may acquire the land and interests in land described in paragraph (1) by donation or purchase with donated or appropriated funds from willing sellers only.	https://www.govinfo.gov/content/pkg/BILLS-113hr5821ih/xml/BILLS-113hr5821ih.xml
113-hr-5822	I 113th CONGRESS 2d Session H. R. 5822 IN THE HOUSE OF REPRESENTATIVES December 9, 2014 Mr. Lipinski introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To establish a Hazardous Materials Information Advisory Committee to develop standards for the use of electronic shipping papers for the transportation of hazardous materials, and for other purposes. 1. Short title This Act may be cited as the Developing Standards for Electronic Shipping Papers Act of 2014 . 2. Findings Congress finds the following: (1) The impacts of hazardous materials transportation incidents can be mitigated by effective response strategies, equipment, and training. (2) Shipping papers and manifests are essential tools for responding to incidents involving hazardous materials as they provide the disclosures needed to determine the proper response strategy. (3) While physical shipping papers must continue to be required under law in order to ensure that redundancies are in place to protect the safety of first responders, there should be efforts to modernize how hazardous materials information is disseminated. (4) The HM–ACCESS Program authorized in section 33005 of MAP–21 ( 49 U.S.C. 5121 note) is an important step for developing additional, innovative methods for disseminating hazardous material information electronically, but the pilot tests will not be completed until October 2015. (5) As transporters of hazardous materials in commerce deploy these innovative technologies on their own, efforts should be undertaken to ensure that best practices and voluntary standards are available until the HM–ACCESS pilot and subsequent rulemakings are completed so that transporters of hazardous materials will have guidelines to assist with their modernization effort while ensuring that first responders will have access to standardized information platforms and systems. 3. Definitions In this Act: (1) Commerce and hazardous material The terms commerce and hazardous material have the meanings given such terms in section 5102 of title 49, United States Code. (2) Electronic shipping paper The term electronic shipping paper means an electronic version of the physical shipping paper that is— (A) designed to convey the most current available hazard information required to be disclosed under section 5110(a) of title 49, United States Code; and (B) capable of being accessed instantaneously by emergency responders during an incident involving hazardous material being transported in commerce. 4. Hazardous Materials Information Advisory Committee (a) In general Not later than 30 days after the date of enactment of this Act, the Secretary of Transportation shall establish a Hazardous Materials Information Advisory Committee composed of members appointed by the Secretary. (b) Membership Members appointed by the Secretary under subsection (a) shall represent the following individuals and entities: (1) Fire services personnel and management. (2) Law enforcement and other appropriate enforcement personnel. (3) Other emergency response providers. (4) Persons who transport hazardous material by air, highway, rail, or water. (5) Persons who offer hazardous material in commerce for transport by air, highway, rail, or water. (6) Employees of persons who transport or offer for transportation hazardous material in commerce by air, highway, rail, or water. (7) The Coast Guard and other relevant agencies. (8) Other individuals and entities determined appropriate by the Secretary. (c) Duties Not later than 120 days after the establishment of the Hazardous Materials Information Advisory Committee under subsection (a), the Committee shall— (1) develop a voluntary standard for the use of electronic shipping papers until a rulemaking has been completed; (2) establish a standardized curriculum for training first responders and enforcement officials in the use of electronic shipping papers and other alternative means of communicating hazardous materials information; (3) provide recommendations and best practices for the use of electronic shipping papers by first responders in varying circumstances and locations; (4) provide recommendations and best practices to assist persons transporting hazardous materials in commerce in implementing electronic shipping papers; and (5) assess potential issues during deployment phases, including first responder training, technology procurement issues and budget limitations, and biometrics. (d) Requirements In developing the best practices, standards, and findings under subsection (c), the Hazardous Materials Information Advisory Committee shall take into consideration— (1) the scalability of information in its presentation to determine the most efficient means of conveying necessary information for emergency response personnel while allowing access to ancillary information relating to the transport of hazardous materials in order to ensure that information conveyed fits the intended need and the varying levels of first responder training; (2) access issues and spectrum issues for rural responders; (3) standardization of information to equipment to ensure consistency across modes; (4) providing data security and protection from unwanted manipulation in order to preserve the integrity of data entered by transporters of hazardous materials and accessed by bona fide first responders; (5) the need to develop a National Deployment Standard on biometrics and identifiers to ensure secure access for first responders; (6) the potential for the deployment of fail-safe redundancies linked to State, regional, and local 911 emergency centers; (7) the timing of implementation and methods for funding the implementation of electronic shipping papers devices and training; (8) updates and revisions to the Emergency Response Guidebooks; (9) existing technologies that are employed voluntarily by persons who transport hazardous materials in commerce by air, highway, rail, and water; and (10) the results of pilot tests being conducted in accordance with section 33005 of MAP–21 (49 U.S.C. 5121 note) and any interim recommendations issued by the persons administering such pilot tests. (e) Travel expenses The Secretary may provide travel expenses, including per diem in lieu of subsistence, to a member appointed under subsection (b)(1), (b)(2), or (b)(3) in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (f) Report Not later than 120 days after the date of enactment of this Act, the Hazardous Materials Information Advisory Committee shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, a report listing the best practices, standards, and findings developed under subsection (c).	https://www.govinfo.gov/content/pkg/BILLS-113hr5822ih/xml/BILLS-113hr5822ih.xml
113-hr-5823	I 113th CONGRESS 2d Session H. R. 5823 IN THE HOUSE OF REPRESENTATIVES December 9, 2014 Mr. Matheson introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to create incentives for healthcare providers to promote quality healthcare outcomes, and for other purposes. 1. Short title; findings (a) Short title This Act may be cited as the Incentivizing Healthcare Quality Outcomes Act of 2014 . (b) Findings Congress makes the following findings: (1) Healthcare delivery organizations are faced with an unmanageable array of quality measures and methods of risk adjustment that are overly process oriented, may not relate to health outcomes, and create a significant administrative burden. (2) Existing quality measures and methods of risk adjustment used to adjust Medicare payments should be replaced with a comprehensive and clinically credible quality measurement system based on the rate of occurrence of potentially preventable outcomes. (3) Payment adjustment for quality outcomes should be applied to all types of healthcare delivery organizations including hospitals, health systems, Medicare Advantage plans, health homes, and accountable care organizations as well as healthcare professionals. 2. Incentivizing healthcare quality outcomes (a) In general Title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ) is amended by adding at the end the following new section: 1899B. Incentivizing healthcare quality outcomes (a) Adjustment of payments to health-Care delivery organization for potentially preventable outcomes (1) In general In order to provide an incentive for each applicable healthcare delivery organization (as defined in subsection (k)) to reduce potentially preventable outcomes, the amount of payments to the organization under this title for an applicable prospective period (as defined in such subsection) shall be the amount otherwise determined multiplied by the healthcare delivery organization-specific adjustment factor determined under paragraph (2) for such period. (2) Healthcare delivery organization specific payment adjustment factor (A) In general For purposes of paragraph (1), subject to subparagraph (B), the healthcare delivery organization-specific payment adjustment factor described in this paragraph for an applicable healthcare delivery organization for an applicable prospective period is equal to 1 minus the ratio (expressed as a percentage), as determined by the Secretary, of— (i) the composite aggregate payments for excess potentially preventable outcomes (described in subsection (c)(1)) for the organization and period; to (ii) the aggregate payments under this title to the organization for such period. (B) Phase-in of healthcare delivery organization-specific adjustment factor In no case shall the healthcare delivery organization-specific payment adjustment factor under subparagraph (A) be— (i) less than 97 percent or more than 103 percent for fiscal year 2016; (ii) be less than 94 percent or more than 106 percent for fiscal year 2017; or (iii) be less than 90 percent or more than 110 percent for fiscal year 2018 and each subsequent fiscal year. (b) Adjustment to the annual update factor for payments to healthcare professionals in a geographic region for potentially preventable outcomes (1) In general In order to provide an incentive for healthcare professionals (that are not part of an applicable healthcare delivery organization) in a geographic region to coordinate care and reduce potentially preventable outcomes, the annual update factor for traditional Medicare fee-for-service payments to all such professionals in a geographic region established under paragraph (3) for an applicable prospective period (beginning on or after October 1, 2015) shall be equal to the annual update factor that would otherwise apply multiplied by the geographic-specific potentially preventable outcomes adjustment factor (as described in paragraph (2)) for the geographic region and period. (2) Geographic-specific potentially preventable outcomes adjustment factor (A) In general For purposes of paragraph (1), subject to subparagraph (B), the geographic-specific potentially preventable outcomes adjustment factor described in this paragraph for a geographic region for an applicable prospective period is equal to 1 minus the ratio (expressed as a percentage), as determined by the Secretary, of— (i) the sum of the composite aggregate payments for excess potentially preventable outcomes (described in subsection (c)(1)) for Medicare beneficiaries enrolled in traditional Medicare fee-for-service across all applicable healthcare delivery organizations physically located in the geographic region for the applicable historical period; to (ii) the aggregate payments for Medicare beneficiaries enrolled in traditional Medicare fee-for-service across all applicable healthcare delivery organizations physically located in the geographic region for such applicable historical period. (B) Phase-in In no case shall the geographic-specific potentially preventable outcomes adjustment factor for a geographic region under this paragraph— (i) be less than 95 percent or more than 105 percent for fiscal year 2016; (ii) be less than 90 percent or more than 110 percent for fiscal year 2017; or (iii) be less than 80 percent or more than 120 percent for fiscal year 2018 and each subsequent fiscal year. (3) Geographic region (A) In general For the purposes of this subsection and subject to subparagraph (B), the Secretary shall establish geographic regions to which healthcare professionals shall be assigned. (B) Restrictions (i) Geographic regions To the extent practical, the Secretary shall define geographic regions based on core base statistical areas as defined by the Director of the Office of Management and Budget. (ii) Assignment of healthcare professionals to geographic regions The geographic region to which a healthcare professional is assigned shall be the geographic region in which a plurality of Medicare beneficiaries treated by such professional for the applicable historical period reside, as determined by the Secretary. (4) Report on using individual healthcare professional performance No later than January 1, 2017, the Secretary shall submit to Congress a report proposing a method of combining the potentially preventable outcomes performance of individual healthcare professionals with the geographic-specific potentially preventable outcomes performance for a geographic region under paragraph (2) for the purpose of determining the potentially preventable outcomes adjustment factor under paragraph (1) to the annual adjustment factor for payments to such individual healthcare professionals. (c) Composite aggregate payments for excess potentially preventable outcomes (1) In general The composite aggregate payments for excess potentially preventable outcomes for an applicable healthcare delivery organization or geographic region for an applicable historical period described in this paragraph is equal to the sum of the following for the healthcare delivery organization or geographic region and period: (A) Preventable complications The aggregate payments for excess inpatient potentially preventable complications (as defined in subsection (e)(1)(B)). (B) Preventable readmissions The aggregate payments for excess potentially preventable readmissions (as defined in subsection (f)(1)(B)). (C) Preventable admissions The aggregate payments for excess potentially preventable admissions computed (as defined in subsection (g)(1)(B)). (D) Preventable emergency room visits The aggregate payments for excess potentially preventable emergency room visits (as defined in subsection (h)(1)(B)). (E) Preventable outpatient ancillary services The aggregate payments for excess potentially preventable outpatient ancillary services (as defined in subsection (i)(1)(B)). (2) Offsetting potentially preventable outcome values being positive or negative The aggregate payments for individual excess potentially preventable outcomes under subsections (e)(1)(B), (f)(1)(B), (g)(1)(B), (h)(1)(B), and (i)(1)(B) may have a positive value (indicating the healthcare delivery organization had more potentially preventable outcomes than expected) or a negative value (indicating the healthcare delivery organization had fewer potentially preventable outcomes than expected). The summing of the individual excess potentially preventable outcomes in paragraph (1) for potentially preventable outcomes allows negative values for individual potentially preventable outcomes to offset in part or in whole positive values of other potentially preventable outcomes. (3) Exclusions The Secretary shall determine the applicability of each type of potentially preventable outcome to different types of healthcare delivery organizations and may exclude potentially preventable outcomes from the calculation of aggregate payments referred to in paragraph (1) for types of healthcare delivery organizations if the Secretary determines that such outcomes are not applicable for such types of organizations. (d) Superseding existing payment adjustments for quality; budget neutral adjustment (1) In general For applicable prospective periods beginning on or after October 1, 2015, no payment adjustment for quality performance shall be made pursuant any of the following provisions: (A) Payment adjustments for hospital acquired conditions under section 1886(d)(4)(D), as added by section 5001(c) of Deficit Reduction Act of 2005. (B) Payment adjustments for value based purchasing for inpatient hospital services under section 1886(o) and for physicians’ services under section 1848(p). (C) Payment adjustments for hospital readmissions under section 1886(q), as added by section 3025 of the Patient Protection and Affordable Care Act. (D) Payment adjustments for hospital acquired conditions under section 1886(p), as added by section 3008 of the Patient Protection and Affordable Care Act. (E) Payment adjustments for Medicare Advantage Plans under Sections 1853(n) and 1853(o). (F) Other payment adjustments for quality as determined by the Secretary. (2) Payment adjustments for reporting quality information unchanged Payment adjustments for reporting quality information that are unrelated to actual quality performance under sections 1833(t)(17), 1848(a), 1848(k), 1848(m) and 1833(i)(2)(D) shall not be affected by this subsection. (3) Mandated reductions under current law The Secretary shall determine the annual reductions in payment mandated by the provisions described in paragraph (1) for fiscal year 2016 and for each subsequent fiscal year. (4) Payment reduction factor to achieve budget neutrality The Secretary shall determine a payment reduction factor for fiscal year 2016 and for each subsequent fiscal year, to be applied under subsections (e)(1)(A)(ii), (f)(1)(A)(ii), (g)(1)(A)(ii), (h)(1)(A)(ii), and (i)(1)(A)(ii), subject to the limitations in subsections (a)(2)(B) and (b)(2)(B), so that there is an aggregate payment reduction under this section for such fiscal year equivalent to the aggregate reduction in payment determined under paragraph (3) for such fiscal year. (e) Aggregate payments for excess inpatient potentially preventable complications (1) Excess inpatient potentially preventable complications; aggregate payments for excess inpatient potentially preventable complications defined In this section: (A) Excess inpatient potentially preventable complications (i) In general The term excess inpatient potentially preventable complications means, for an applicable hospital and other applicable healthcare delivery organizations determined appropriate by the Secretary for an applicable historical period for each type of inpatient hospital potentially preventable complication identified under paragraph (2), the sum across all risk classes (as defined in clause (iii)) of the difference between— (I) the expected number of inpatient hospital potentially preventable complications for the type of complication for the applicable hospital based on the standard complication rate computed under clause (ii) in each risk class; and (II) the applicable hospital’s actual number of inpatient hospital potentially preventable complications for the type of inpatient potentially preventable complication in each risk class in the applicable historical period. Such difference may be a positive or negative number. (ii) Standard complication rate In carrying out clause (i)(I), the standard complication rate shall be based on the average rate of each type of inpatient hospital potentially preventable complication in each risk class in the applicable historical period, multiplied by the payment reduction factor established under subsection (d)(3) for the applicable prospective period. (iii) Risk classes In this subparagraph, the term risk classes means such exhaustive and mutually exclusive risk classes as the Secretary shall establish in order to apply a risk-adjustment methodology that meets the criteria in subsection (j)(2) and account for the age, reason for admission, severity of illness, and other risk factors identified by the Secretary of patients at the time of hospital admission. (B) Aggregate payments for excess inpatient hospital potentially preventable complications (i) In general The term aggregate payments for excess inpatient hospital potentially preventable complications means, for an applicable hospital and other applicable healthcare delivery organizations determined appropriate by the Secretary and applicable historical period, for all types of inpatient hospital potentially preventable complications identified under paragraph (2), an amount equal to the sum of the amount determined under clause (ii) for such hospital and other applicable healthcare delivery organizations determined appropriate by the Secretary for each type of inpatient hospital potentially preventable complication for such period. (ii) Amount determined The amount determined under this clause, with respect to an applicable hospital and other applicable healthcare delivery organizations determined appropriate by the Secretary and an applicable historical period, for a type of inpatient hospital potentially preventable complication identified under paragraph (2) is equal to the product of— (I) the excess inpatient hospital potentially preventable complications (as defined in subparagraph (A)) of the applicable hospital and other applicable healthcare delivery organizations determined appropriate by the Secretary for the type of inpatient hospital potentially preventable complication during the applicable historical period; and (II) the estimated national average standardized incremental cost of that inpatient hospital potentially preventable complication for applicable hospitals and other applicable healthcare delivery organizations determined appropriate by the Secretary during the applicable historical period (as determined under clause (iii)) adjusted by each hospital’s applicable payment adjustment factors. (iii) Methodology for estimating national average incremental cost of inpatient hospital potentially preventable complications In carrying out clause (ii)(II), the Secretary shall establish and apply a methodology to estimate the national average standardized incremental cost of each inpatient hospital potentially preventable complication identified under paragraph (2). (2) Inpatient hospital potentially preventable complications For purposes of this subsection, the Secretary shall select a methodology of identifying potentially preventable complications that includes each inpatient hospital complication that meets all of the following requirements: (A) The complication occurs during the stay and was not present on admission as an inpatient. (B) The complication is a harmful event, such as a surgical complication, or an acute illness, such as an infection or an acute exacerbation of underlying chronic disease. (C) The complication could reasonably be prevented with adequate care and treatment and is not a natural progression of a patient’s underlying illnesses present on admission. (D) The complication may be reasonably construed as related to the care rendered during the stay. (E) The complication meets criteria applicable under subsection (j)(1) to the outcome described in this subsection. (f) Aggregate payments for excess potentially preventable readmissions (1) Excess potentially preventable readmissions; aggregate payments for excess potentially preventable readmissions defined For purposes of this subsection: (A) Excess potentially preventable readmissions (i) In general The term excess potentially preventable readmissions means, for an applicable hospital or other applicable healthcare delivery organization determined appropriate by the Secretary for an applicable historical period and with respect to potentially preventable readmissions identified under paragraph (2) for each risk class (as defined in clause (iii)) the difference between— (I) the expected number of potentially preventable readmissions for the applicable hospital based on the standard readmission rate in each risk class (as defined in clause (ii)); and (II) the applicable hospital’s actual number of potentially preventable readmissions in each risk class for the applicable historical period. Such difference may be a positive or negative number. (ii) Standard readmission rate In carrying out clause (i)(I), the standard readmission rate shall be based on the average potentially preventable readmission rate in each risk class, as established under clause (iii), in the applicable historical period, multiplied by the payment reduction factor established under subsection (d)(3) for the applicable prospective period. (iii) Risk adjustment In this subparagraph, the term risk classes means such exhaustive and mutually exclusive risk classes as the Secretary shall establish in order to apply a risk-adjustment methodology that meets the criteria in subsection (j)(2) and account for the age, reason for admission, severity of illness, and other risk factors identified by the Secretary of patients that were present in patients at the time of hospital discharge from the hospital admission that preceded their readmission. (B) Aggregate payments for excess potentially preventable readmissions (i) In general The term aggregate payments for excess potentially preventable readmissions means, for an applicable historical period, for all potentially preventable readmissions identified under paragraph (2), an amount equal to the amount determined under clause (ii). (ii) Amount determined The amount determined under this clause, with respect to an applicable hospital and other applicable healthcare delivery organizations determined appropriate by the Secretary and an applicable historical period, is equal to the sum across all risk classes of the product of— (I) the excess potentially preventable readmissions in the risk class for the applicable hospital and other applicable healthcare delivery organizations determined appropriate by the Secretary for the applicable historical period; and (II) the average payment for potentially preventable readmissions (as defined in clause (iii)) in the risk class for applicable hospitals and other applicable healthcare delivery organizations determined appropriate by the Secretary for the applicable historical period. (iii) Average payment for potentially preventable readmissions In clause (ii)(II), the term average payment for potentially preventable readmissions for a risk class means, for applicable hospitals and other applicable healthcare delivery organizations determined appropriate by the Secretary for an applicable historical period, the average payment for all potentially preventable readmissions that follow a prior discharge in that risk class. (2) Potentially preventable readmissions For purposes of this subsection, the Secretary shall select a methodology of identifying potentially preventable readmissions under paragraph (1) that includes each readmission that meets all of the following requirements: (A) The readmission is within 30 days from the date of the initial discharge and could reasonably have been prevented by— (i) the provision of appropriate care consistent with accepted standards in the prior discharge; (ii) adequate discharge planning; (iii) adequate post-discharge followup; or (iv) improved coordination between the inpatient and outpatient healthcare teams. (B) The readmission is for a condition or procedure related to the care during the prior admission or during the care immediately following the prior discharge, including— (i) a readmission for the same or closely related condition or procedure as the prior discharge; (ii) a readmission for an infection or other complication of care; (iii) a readmission for a condition or procedure indicative of a failed surgical intervention; and (iv) a readmission for an acute decompensation of a coexisting chronic disease. (C) The readmission is back to the same hospital or to any other hospital. (D) The readmission does not occur under any of the following circumstances: (i) The original discharge was a patient-initiated discharge and was against medical advice and the circumstances of such discharge and readmission are documented in the patient’s medical record. (ii) The readmission was a planned readmission. (iii) Such other exclusion as the Secretary determines appropriate. (E) The readmission meets criteria applicable under subsection (j)(1) to the outcome described in this subsection. (g) Aggregate payments for excess potentially preventable admissions (1) Excess potentially preventable admissions; aggregate payments for excess potentially preventable admissions defined In this subsection: (A) Excess potentially preventable admissions (i) In general The term excess potentially preventable admissions means, for an applicable healthcare delivery organization for an applicable historical period and with respect to potentially preventable admissions identified under paragraph (2), for each risk class (as defined in clause (iii)) the difference between— (I) the expected number of beneficiaries with one or more potentially preventable admissions for the applicable healthcare delivery organization based on the standard potentially preventable admission rate for beneficiaries in each risk class; and (II) the applicable healthcare delivery organization’s actual number of beneficiaries with one or more potentially preventable admissions in each risk class for the applicable historical period for beneficiaries assigned to the risk class. Such difference may be a positive or negative number. (ii) Standard potentially preventable admission rate In carrying out clause (i)(I), the standard potentially preventable admission rate shall be based on the average number of beneficiaries with one or more potentially preventable admissions in each risk class, as defined in clause (iii), in the applicable historical period, multiplied by the payment reduction factor established under subsection (d)(3) for the applicable prospective period. (iii) Risk adjustment In this subparagraph, the term risk classes means such exhaustive and mutually exclusive risk classes as the Secretary shall establish in order to apply a risk-adjustment methodology that meets the criteria in subsection (j)(2) and account for the age, reason for admission, severity of illness, and other risk factors identified by the Secretary. The risk class for a beneficiary shall be assigned under this subparagraph based on the beneficiary’s chronic illness burden and history of healthcare services for a time period of not less than 6 months preceding the beginning of the applicable historical period. (B) Aggregate payments for excess potentially preventable admissions (i) In general The term aggregate payments for excess potentially preventable admissions means, for an applicable historical period, for potentially preventable admissions identified under paragraph (2), an amount equal to the amount determined under clause (ii). (ii) Amount determined The amount determined under this clause, with respect to an applicable healthcare delivery organization and an applicable historical period, for all beneficiaries with one or more potentially preventable admissions identified under paragraph (2) is equal to the sum across all risk classes of the product of— (I) the excess potentially preventable admissions (as defined in subparagraph (A)) in the risk class for the applicable healthcare delivery organization during the applicable historical period; and (II) the average payment per beneficiary of all potentially preventable admissions for beneficiaries in the risk class (as determined under clause (iii)) for applicable healthcare delivery organizations during the applicable historical period. (iii) Average payment per beneficiary of all potentially preventable admissions The term average payment per beneficiary of all potentially preventable admissions for a risk class means, for applicable healthcare delivery organizations for an applicable historical period, the average payment per beneficiary for all potentially preventable admissions in the risk class. (2) Potentially preventable admissions For purposes of this subsection, the Secretary shall select a methodology of identifying potentially preventable admissions under paragraph (1) that includes each admission that meets all of the following requirements: (A) The admission could reasonably have been prevented with adequate access to ambulatory care or coordinated healthcare services. (B) The services provided as part of the admission could be safely performed in an outpatient facility. (C) The admission is not of a beneficiary with extensive comorbid disease or high severity of illness that may necessitate that care be delivered in a hospital setting. (D) The admission meets criteria applicable under subsection (j)(1) to the outcome described in this subsection. (h) Aggregate payments for excess potentially preventable emergency room visits (1) Excess potentially preventable emergency room visits; aggregate payments for excess potentially preventable emergency room visits defined In this subsection: (A) Excess potentially preventable emergency room visits (i) In general The term excess potentially preventable emergency room visits means, for an applicable healthcare delivery organization for an applicable historical period and with respect to potentially preventable emergency room visits identified under paragraph (2), for each risk class (as defined in clause (iii)) the difference between— (I) the expected number of beneficiaries with one or more potentially preventable emergency room visits for the applicable healthcare delivery organization based on the standard potentially preventable emergency room visit rate for beneficiaries in each risk class (as defined in clause (ii)); and (II) the applicable healthcare delivery organization’s actual number of beneficiaries with one or more potentially preventable emergency room visits for the applicable historical period for beneficiaries assigned to the risk class. Such difference may be a positive or negative number. (ii) Standard potentially preventable emergency room visit rate In carrying out clause (i)(I), the standard potentially preventable emergency room visit rate shall be based on the average number of beneficiaries with one or more potentially preventable emergency room visits in each risk class, as defined in clause (iii) in the applicable historical period, multiplied by the payment reduction factor established under subsection (d)(3) for the applicable prospective period. (iii) Risk adjustment In this subparagraph, the term risk classes means such exhaustive and mutually exclusive risk classes as the Secretary shall establish in order to apply a risk-adjustment methodology that meets the criteria in subsection (j)(2) and account for the age, reason for admission, severity of illness, and other risk factors identified by the Secretary. The risk class for a beneficiary shall be assigned based on the beneficiary’s chronic illness burden and history of healthcare services for a time period of not less than 6 months preceding the beginning of the applicable historical period. (B) Aggregate payments for excess potentially preventable emergency room visits (i) In general The term aggregate payments for excess potentially preventable emergency room visits means, for an applicable historical period, for potentially preventable emergency room visits identified under paragraph (2), an amount equal to the amount determined under clause (ii). (ii) Amount determined The amount determined under this clause, with respect to an applicable healthcare delivery organization and an applicable historical period, for all beneficiaries with one or more potentially preventable emergency room visits identified under paragraph (2) is equal to the sum across all risk classes of the product of— (I) the excess potentially preventable emergency room visits (as defined in subparagraph (A)) in the risk class for the applicable healthcare delivery organization during the applicable historical period; and (II) the average payment per beneficiary of all potentially preventable emergency room visits for beneficiaries in the risk class (as determined under clause (iii)) for applicable healthcare delivery organizations during the applicable historical period. (iii) Average payment per beneficiary of all potentially preventable emergency room visits The term average payment per beneficiary of all potentially preventable emergency room visits means, for applicable healthcare delivery organizations for an applicable historical period for a risk class, the average payment per beneficiary for all potentially preventable emergency room visits in the risk class. (2) Potentially preventable emergency room visits For purposes of this subsection, the Secretary shall select a methodology of identifying potentially preventable emergency room visits under paragraph (1) that includes each such visit that meets all of the following requirements: (A) The visit did not require emergency medical attention because the condition could be treated or prevented by a physician or other healthcare provider in a nonemergency setting. (B) The beneficiary involved does not have an extensive comorbid disease or high severity of illness that may necessitate that care be delivered in an emergency room setting. (C) The visit meets criteria applicable under subsection (j)(1) to the outcome described in this subsection. (i) Aggregate payments for excess potentially preventable outpatient procedures and tests (1) Excess potentially preventable outpatient procedures and tests; aggregate payments for excess potentially preventable outpatient procedures and tests defined In this subsection: (A) Excess potentially preventable outpatient procedures and tests (i) In general The term excess potentially preventable outpatient procedures and tests means, for an applicable healthcare delivery organization for an applicable historical period and with respect to potentially preventable outpatient procedures and tests identified under paragraph (2), for each risk class (as defined in clause (iii)) the difference between— (I) the expected number of beneficiaries with one or more potentially preventable outpatient procedures and tests for the applicable healthcare delivery organization based on the standard potentially preventable rate of potentially preventable outpatient procedures and tests for beneficiaries in each risk class (as defined in clause (ii)); and (II) the applicable healthcare delivery organization’s actual number of beneficiaries with one or more potentially preventable outpatient procedures and tests in each risk class for the applicable historical period for beneficiaries assigned to the risk class. Such difference may be a positive or negative number. (ii) Standard potentially preventable rate of outpatient procedures and tests In carrying out clause (i)(I), the standard potentially preventable rate of outpatient procedures and tests shall be based on the average number of beneficiaries with one or more potentially preventable outpatient procedures and tests in each risk class, as defined in clause (iii) in the applicable historical period, multiplied by the payment reduction factor established under subsection (d)(3) for the applicable prospective period. (iii) Risk adjustment In this subparagraph, the term risk classes means such exhaustive and mutually exclusive risk classes as the Secretary shall establish in order to apply a risk-adjustment methodology that meets the criteria in subsection (j)(2) and account for the age, reason for admission, severity of illness, and other risk factors identified by the Secretary. The risk class for a beneficiary shall be assigned based on the beneficiary’s chronic illness burden and history of healthcare services for a time period of not less than 6 months preceding the beginning of the applicable historical period. (B) Aggregate payments for excess potentially preventable outpatient procedures and tests (i) In general The term aggregate payments for excess potentially preventable outpatient procedures and tests means, for an applicable historical period, for all beneficiaries with one or more potentially preventable outpatient procedures and tests identified under paragraph (2), an amount equal to the amount determined under clause (ii). (ii) Amount determined The amount determined under this clause, with respect to an applicable healthcare delivery organization and an applicable historical period, for potentially preventable outpatient procedures and tests identified under paragraph (2) is equal to the sum across all risk classes of the product of— (I) the excess potentially preventable outpatient procedures and tests (as defined in subparagraph (A)) for the risk class for the applicable healthcare delivery organization during the applicable historical period; and (II) the average payment per beneficiary of all potentially preventable outpatient procedures and tests for beneficiaries in the risk class (as determined under clause (iii)) for applicable healthcare delivery organizations during the applicable historical period. (iii) Average payment per beneficiary of all potentially preventable outpatient procedures and tests The term average payment per beneficiary of all potentially preventable outpatient procedures and tests for a risk class means, for applicable healthcare delivery organizations for an applicable historical period, the average payment per beneficiary of all potentially preventable outpatient procedures and tests in the risk class. (2) Potentially preventable outpatient procedures and tests For purposes of this subsection, the Secretary shall select a methodology of identifying potentially preventable outpatient procedures and tests that includes each procedure or test that meets all of the following requirements: (A) The procedure or test is provided or ordered by a physician or other healthcare provider to supplement or support the evaluation or treatment of a beneficiary including a procedure, diagnostic test, laboratory test, therapy service, or radiology service. (B) The procedure or test may be overused in the provision healthcare or treatment. (C) The procedure or test is not for a beneficiary with extensive comorbid disease or high severity of illness that may necessitate frequent monitoring with outpatient procedures and tests. (D) The procedure or test meets criteria applicable under subsection (j)(1) to the outcome described in this subsection. (j) Selection of methods for identifying potentially preventable outcomes and method of risk adjustment (1) Selection criteria for method for identifying potentially preventable outcomes The Secretary shall select a methodology of identifying each of the potentially preventable outcomes. For each type of potentially preventable outcome the methodology selected shall meet the following criteria: (A) Be comprehensive with a uniform structure. (B) Have available a method of risk adjustment that meets the criteria in paragraph (2). (C) Be clinically meaningful having exclusions for beneficiaries for whom the outcome is not potentially preventable including those beneficiaries with extensive comorbid disease or high severity of illness. (D) To the extent possible have been successfully implemented in the payment organization of a State Medicaid program or a major payer or be certified by an entity with a contract under section 1890(a). (E) Be open, transparent, and available for review and comment. (F) To the extent possible, be in the public domain. (G) If commercially available methods are the only viable methods that meet the criteria in subparagraphs (A), (B), (C), and (D), the Secretary may select such commercial methods as long as such methods meet the criteria in subparagraph (E). (2) Selection criteria for method of risk adjustment The Secretary shall select a methodology for risk adjusting the rate of each of the potentially preventable outcomes. For each type of potentially preventable outcome, the methodology for risk adjustment shall meet the following criteria: (A) The methodology is comprehensive with a uniform structure. (B) The methodology is clinically meaningful and explicitly recognize severity of illness, chronic illness burden, and patients with extensive comorbid disease or high severity of illness. (C) To the extent possible, the methodology has been successfully implemented in payment under a State Medicaid program or by a major payer or is certified by an entity with a contract under section 1890(a). (D) The methodology is open and transparent and available for review and comment. (E) To the extent possible, the methodology is in the public domain. (F) If commercially available methods are the only viable methods that meet the criteria in subparagraphs (A), (B), and (C), the Secretary may select such commercial methods as long as such methods meet the criteria in subparagraph (D). (k) Definitions In this section: (1) Applicable healthcare delivery organization The term applicable healthcare delivery organization means a Medicare Advantage Plan receiving payments under part C, health home, accountable care organization, applicable hospital (as defined in subparagraph (C)), ambulatory surgery center, federally qualified health center, or other healthcare delivery organization identified by the Secretary. (2) Applicable historical period The term applicable historical period means, with respect to an applicable healthcare delivery organization for a fiscal year, the most recent 2-year period for which data from the organization are available for purposes of this section. (3) Applicable hospital The term applicable hospitals means a subsection (d) hospital (as defined in section 1886(d)(1)(B). (4) Applicable prospective period The term applicable prospective period means— (A) with respect to an organization, the fiscal year in which the healthcare delivery organization specific adjustment factor under subsection (a)(2) for an applicable historical period applies to the payments to the healthcare delivery organization; and (B) with respect to healthcare professionals, the year in which the geographic-specific potentially preventable outcomes adjustment factor under subsection (b)(2) for an applicable historical period applies to payments to the professionals. (5) Potentially preventable outcomes The term potentially preventable outcomes means inpatient potentially preventable complications under subsection (e)(2), potentially preventable readmissions under subsection (f)(2), potentially preventable admissions under subsection (g)(2), potentially preventable emergency room visits under subsection (h)(2), and potentially preventable outpatient procedures and tests under subsection (i)(2). . (b) Reporting of potentially preventable outcomes (1) Reporting to healthcare delivery organizations For each applicable historical period, the Secretary of Health and Human Services (in this section referred to as the Secretary ) shall provide confidential reports to applicable healthcare delivery organizations with respect to potentially preventable outcomes. The confidential reports shall be provided to a healthcare delivery organization at least 90 days before the date of their release to the public regarding potentially preventable outcomes of the healthcare delivery organization. (2) Reporting health delivery organization specific information (A) In general The Secretary shall make information available to the public regarding potentially preventable outcomes of each applicable healthcare delivery organization. (B) Opportunity to review and submit corrections The Secretary shall ensure that an applicable healthcare delivery organization has the opportunity to review, and submit corrections for, the information to be made public prior to such information being made public. (C) Web site posting Such information shall be posted on the Hospital Compare Internet Web Site in an easily understandable format. (c) Applicability to medicaid The Secretary shall apply to State plans (or waivers) under title XIX of the Social Security Act regulations relating to payment adjustments for potentially preventable outcomes (as defined in section 1899B(k) of such Act) as appropriate for the Medicaid program. Such regulations shall be in effect no later than October 1, 2017. (d) Quality improvement grants (1) In general Subject to paragraph (4)(D), beginning in fiscal year 2017 the Secretary shall award quality improvement grants to eligible healthcare delivery organizations described in paragraph (2) that meet the criteria established under paragraph (3). (2) Eligible healthcare delivery organization For purposes of this subsection for a fiscal year, an eligible healthcare delivery organization is an applicable healthcare delivery organization that has a healthcare delivery organization-specific adjustment factor for the fiscal year (as determined under section 1899B(a)(2) of the Social Security Act, as added by subsection (a)), that is lower than the healthcare delivery organization-specific adjustment factor (under such section) for 75 percent of all other healthcare delivery organizations in such fiscal year. (3) Criteria The Secretary shall establish criteria for awarding grants under this subsection. (4) Limitations (A) Use of grant funds A healthcare delivery organization that applies for and receives a grant under this subsection shall use such grant to implement processes that lower the rate of potentially preventable outcomes. (B) Term of grant Grants under this subsection shall be for 2 years. (C) Reports A healthcare delivery organization that applies for and receives a grant under this subsection shall, not later than 30 months after the date of receiving such grant, submit a report to the Secretary on the processes funded by such grant and the resulting impact on rates of potentially preventable outcomes. (D) Amount of grants The aggregate amount of funds awarded as grants under this subsection for a fiscal year shall not exceed 5 percent of the sum of the composite aggregate payments for excess potentially preventable outcomes for all healthcare delivery organizations in the applicable historical period (as determined under section 1899B(c)(1) of the Social Security Act). (5) Authorization of appropriations There are authorized to be appropriated to carry out this subsection such sums as may be necessary for each of fiscal years 2017 through 2021. (e) GAO report Not later than January 1, 2018, the Comptroller General of the United States shall submit to Congress a report on the impact of section 1899B of the Social Security Act, as added by subsection (a), on Medicare beneficiaries care, Medicare expenditures, and Medicare providers, including the quality of care furnished under the Medicare program. (f) Application of definitions In this section, the terms applicable healthcare delivery organization , applicable historical period , potentially preventable outcomes have the meanings given such terms in section 1899B(j) of the Social Security Act, as added by subsection (a).	https://www.govinfo.gov/content/pkg/BILLS-113hr5823ih/xml/BILLS-113hr5823ih.xml
113-hr-5824	I 113th CONGRESS 2d Session H. R. 5824 IN THE HOUSE OF REPRESENTATIVES December 9, 2014 Mr. Nadler (for himself, Mr. Conyers , and Mrs. Carolyn B. Maloney of New York ) introduced the following bill; which was referred to the Committee on Armed Services , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To modify certain provisions of law relating to torture. 1. Short title This Act may be cited as the American Anti-Torture Act of 2014 . 2. Uniform standards for interrogation techniques applicable to individuals under control or custody of the united states government Subsections (a), (b), and (c) of each of section 1002 of the Detainee Treatment Act of 2005 (title X of Public Law 109–148 ; 10 U.S.C. 801 note; 119 Stat. 2739) and section 1402 of the Detainee Treatment Act of 2005 (title XIV of Public Law 109–163; 10 U.S.C. 801 note; 119 Stat. 3475) are amended to read as follows: (a) In General No person in the custody or under the effective control of the United States shall be subject to any treatment or technique of interrogation not authorized by and listed in the United States Army Field Manual on Human Intelligence Collector Operations. (b) Applicability Subsection (a) shall not apply with respect to any person in the custody or under the effective control of the United States pursuant to a criminal law or immigration law of the United States. (c) Construction Nothing in this section shall be construed to affect the rights under the United States Constitution of any person in the custody or under the physical jurisdiction of the United States. .	https://www.govinfo.gov/content/pkg/BILLS-113hr5824ih/xml/BILLS-113hr5824ih.xml
113-hr-5825	I 113th CONGRESS 2d Session H. R. 5825 IN THE HOUSE OF REPRESENTATIVES December 10, 2014 Mr. Royce (for himself and Mr. Camp ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on Energy and Commerce and Foreign Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Internal Revenue Code of 1986 to prevent foreign diplomats from being eligible to receive health insurance premium tax credits and health insurance cost-sharing reductions, and for other purposes. 1. Short title This Act may be cited as the No Healthcare Subsidies for Foreign Diplomats Act of 2014 . 2. Findings The Congress finds the following: (1) The Patient Protection and Affordable Care Act ( Public Law 111–148 ) (in this section referred to as the “Affordable Care Act”) established certain taxpayer-funded subsidies, such as premium tax credits and cost-sharing reductions, that directly or indirectly pay portions of the costs of health insurance and services for eligible individuals and households. (2) Diplomats of foreign governments and United Nations staff members who are not citizens or lawful permanent residents of the United States do not pay Federal income taxes on their salaries from those employers. (3) The Department of State has notified foreign missions in the United States, permanent missions to the United Nations, and the United Nations Secretariat that the benefits of the United States Affordable Care Act are available to their personnel. (4) According to the Department of Health and Human Services and the Congressional Research Service, foreign diplomats and United Nations employees in the United States are currently eligible to obtain United States taxpayer-funded subsidies under the Affordable Care Act, such as premium tax credits and cost-sharing reductions, on the same basis as American citizens and lawful permanent residents. (5) United States diplomats overseas do not depend on foreign taxpayers for health care coverage, but rely on United States-based health insurance plans that provide overseas coverage. (6) The Department of Health and Human Services does not currently collect data that would allow it to identify any foreign diplomats who are enrolled in a qualified health plan and who may be receiving premium tax credits or cost-sharing reductions pursuant to the Affordable Care Act. (7) The Department of State also does not possess that data, and has asserted that it is not involved in whatever processes foreign diplomats may use to obtain benefits funded by the United States Government. (8) The Internal Revenue Service does not collect visa information and is not currently able to discern whether any taxpayer is present in the United States pursuant to an A (diplomatic) or a G (UN/international organization) nonimmigrant visa. (9) The Internal Revenue Service also does not collect data identifying whether a foreign diplomat is enrolled in a qualified health plan and is receiving a premium tax credit or cost-sharing reduction pursuant to the Affordable Care Act. 3. Sense of Congress It is the sense of Congress that— (1) foreign diplomats should be allowed to purchase health insurance coverage in the United States, but the cost of that coverage should be borne by their sending States; and (2) United States taxpayers should not subsidize the health insurance expenses of foreign diplomats. 4. Foreign diplomats ineligible to receive health insurance premium tax credits and health insurance cost-sharing reductions (a) Denial of eligibility (1) For health insurance premium tax credits Section 36B of the Internal Revenue Code of 1986 is amended— (A) by redesignating subsection (g) as subsection (h); and (B) by inserting after subsection (f) the following new subsection: (g) Denial of credit to foreign diplomats (1) In general No credit shall be allowed under this section to any individual for any month during any portion of which such individual is a foreign diplomat. (2) Foreign diplomat For purposes of this subsection, the term foreign diplomat means an alien admitted to the United States as a nonimmigrant under section 101(a)(15)(A) or section 101(a)(15)(G) of the Immigration and Nationality Act. . (2) For cost-sharing reductions For denial of cost sharing reductions to individuals ineligible for the premium tax credit under section 36B of the Internal Revenue Code of 1986, see section 1402(f)(2) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071(f)(2) ). (3) Effective date The amendment made by paragraph (1) shall apply to foreign diplomats for months beginning more than 30 days after the date of the enactment of this Act, in taxable years ending after such date, regardless of whether the diplomat may have been determined eligible for a premium tax credit or cost-sharing reduction (or advance payment with respect to such credit or reduction) before such date of enactment. (4) Information coordination for timely implementation The Secretary of State shall coordinate with, and provide such information to, the Secretaries of Homeland Security and of Health and Human Services regarding individuals in the status of a foreign diplomat (described in section 36B(g)(2) of the Internal Revenue Code of 1986, as inserted by paragraph (1)) as may be necessary— (A) to apply the amendment made by paragraph (1) and the provisions of paragraph (2) on a timely process, including applying such amendment in the case of an individual who has been determined eligible for a premium tax credit or cost-sharing reduction (or an advance payment thereof) before the date of the enactment of this Act; and (B) to provide information to the Secretary of Health and Human Services for the reports to Congress under subsection (b)(1). (b) Reports to Congress (1) In general Not later than 60 days after the date of the enactment of this Act, and every 180 days thereafter, subject to paragraph (3), the Secretary of Health and Human Services shall submit to the appropriate committees of Congress (as defined in paragraph (2)) a written report on the implementation of this section. Each such report shall include— (A) the number of foreign diplomats listed in the information received by such Secretary under subsection (a)(4)(B) with respect to whom an advance determination of eligibility was still in effect under section 1412 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18082 ) as of the most recent date of the receipt of such information by such Secretary; and (B) the number of such advance determinations which were revoked at the time of the submission of such written report to Congress. (2) Appropriate committees of Congress For purposes of this subsection, the term appropriate committees of Congress means the Committees on Foreign Relations, Finance, and Health, Education, Labor, and Pensions of the Senate and the Committees on Foreign Affairs, Ways and Means, and Energy and Commerce of the House of Representatives. (3) Termination No report shall be required to be submitted under this subsection after the second consecutive report in which the number required to be included in such report under paragraph (1)(A) is zero. (c) Notice to governments and international organizations Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall notify all foreign missions in the United States, permanent missions to the United Nations, and the United Nations Secretariat, that premium tax credits under section 36B of the Internal Revenue Code of 1986 and cost-sharing reductions under section 1402 of the Patient Protection and Affordable Care Act are not available to any of their personnel who have the status in the United States as a nonimmigrant under section 101(a)(15)(A) or 101(a)(15)(G) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(A), 1101(a)(15)(G)).	https://www.govinfo.gov/content/pkg/BILLS-113hr5825ih/xml/BILLS-113hr5825ih.xml
113-hr-5826	I 113th CONGRESS 2d Session H. R. 5826 IN THE HOUSE OF REPRESENTATIVES December 10, 2014 Mr. Pascrell introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend the Federal Water Pollution Control Act to reauthorize the sewer overflow control grants program, and for other purposes. 1. Short title This Act may be cited as the Water Quality Investment Act of 2014 . 2. Sewer overflow control grants (a) Administrative requirements Section 221(e) of the Federal Water Pollution Control Act ( 33 U.S.C. 1301(e) ) is amended to read as follows: (e) Administrative requirements A project that receives assistance under this section shall be carried out subject to the same requirements as a project that receives assistance from a State water pollution control revolving fund under title VI, except to the extent that the Governor of the State in which the project is located determines that a requirement of title VI is inconsistent with the purposes of this section. . (b) Authorization of Appropriations The first sentence of section 221(f) of such Act ( 33 U.S.C. 1301(f) ) is amended by striking $750,000,000 and all that follows before the period and inserting $250,000,000 for fiscal year 2015, $300,000,000 for fiscal year 2016, $350,000,000 for fiscal year 2017, $400,000,000 for fiscal year 2018, and $500,000,000 for fiscal year 2019 . (c) Allocation of funds Section 221(g) of such Act ( 33 U.S.C. 1301(g) ) is amended to read as follows: (g) Allocation of funds (1) Fiscal year 2015 Subject to subsection (h), the Administrator shall use the amounts appropriated to carry out this section for fiscal year 2015 for making grants to municipalities and municipal entities under subsection (a)(2) in accordance with the criteria set forth in subsection (b). (2) Fiscal year 2016 and thereafter Subject to subsection (h), the Administrator shall use the amounts appropriated to carry out this section for fiscal year 2016 and each fiscal year thereafter for making grants to States under subsection (a)(1), in accordance with a formula to be established by the Administrator, after providing notice and an opportunity for public comment, that allocates to each State a proportional share of such amounts based on the total needs of the State for municipal combined sewer overflow controls and sanitary sewer overflow controls identified in the most recent survey conducted pursuant to section 516. . (d) Reports Section 221(i) of such Act ( 33 U.S.C. 1301(i) ) is amended by striking 2003 and inserting 2017 .	https://www.govinfo.gov/content/pkg/BILLS-113hr5826ih/xml/BILLS-113hr5826ih.xml
113-hr-5827	I 113th CONGRESS 2d Session H. R. 5827 IN THE HOUSE OF REPRESENTATIVES December 10, 2014 Mr. McCaul (for himself, Mr. Jones , and Mr. Poe of Texas ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To exclude Choose and Cut Christmas tree producers from the Christmas tree promotion, research, and information order. 1. Short title This Act may be cited as the Christmas Tree Tax Exclusion Act . 2. Exclusion of Choose and Cut Christmas tree producers from the Christmas tree promotion, research, and information order (a) Exclusion The Christmas tree promotion, research, and information order contained in part 1214 of title 7, Code of Federal Regulations, and issued by the Secretary of Agriculture pursuant to the Commodity Promotion, Research, and Information Act of 1996 ( 7 U.S.C. 7411 et seq. ) shall not apply to any Choose and Cut Christmas tree producer with respect to Christmas trees produced by the producer and sold directly to final consumers. (b) Definitions In this section: (1) Choose and Cut Christmas tree producer The term Choose and Cut Christmas tree producer means a producer who produces Christmas trees in the United States, allows consumers to select a Christmas tree for purchase before the Christmas tree is severed or cut from its roots, and sells that Christmas tree directly to the final consumer. (2) Christmas tree The term Christmas tree means any tree of the coniferous species, that is severed or cut from its roots and marketed as a Christmas tree for holiday use. (3) Producer The term producer means any person who is engaged in the production of Christmas trees in the United States, and who owns, or shares the ownership and risk of loss of the production of Christmas trees or a person who is engaged in the business of producing, or causing to be domestically produced, Christmas trees beyond personal use and having value at first point of sale.	https://www.govinfo.gov/content/pkg/BILLS-113hr5827ih/xml/BILLS-113hr5827ih.xml
113-hr-5828	I 113th CONGRESS 2d Session H. R. 5828 IN THE HOUSE OF REPRESENTATIVES December 10, 2014 Mr. Cartwright (for himself and Mr. Ellison ) 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 provide for USA Retirement Funds, and for other purposes. 1. Short title This Act may be cited as the USA Retirement Funds Act . 2. Automatic USA Retirement Fund arrangements (a) Requirement To provide access Each covered employer shall make available to each qualifying employee for the calendar year an automatic USA Retirement Fund arrangement. (b) Covered employer For purposes of this title— (1) In general Except as otherwise provided in this subsection and subsection (c)(2), the term covered employer means, with respect to any calendar year, an employer who does not maintain a qualifying plan or arrangement for any part of such year. (2) Qualifying plan or arrangement (A) In general The term qualifying plan or arrangement means a plan or arrangement described in section 219(g)(5) of the Internal Revenue Code of 1986. (B) Exceptions Such term shall not include the following: (i) Frozen defined benefit plan A defined benefit plan that had no ongoing accruals as of the first day of the preceding calendar year, unless the plan failed to have accruals only because of the application of section 206 of the Employee Retirement Income Security Act ( 29 U.S.C. 1056 ) and section 436 of the Internal Revenue Code of 1986. (ii) Defined contribution plan without lifetime income options A defined contribution plan that does not provide participants with a distribution option that provides lifetime income. (iii) Plans not meeting contribution requirements A plan— (I) which consists of a cash or deferred arrangement (as defined in section 401(k) of such Code) with respect to which the employer does not automatically enroll all eligible employees at contribution rates at or above those specified in subsection (d)(4); or (II) for which the only contributions are nonelective employer contributions and with respect to which the employer’s annual contribution rate is not at or above the rates specified in subsection (d)(4). (3) Exception for certain small and new employers (A) In general The term covered employer shall not include an employer for a calendar year if the employer— (i) did not employ during the preceding calendar year more than 10 employees who each received at least $5,000 of compensation (as defined in section 3401(a) of the Internal Revenue Code of 1986) from the employer for such preceding calendar year; (ii) did not normally employ more than 10 employees on a typical business day during the preceding calendar year; or (iii) was not in existence at all times during the calendar year and the preceding calendar year. (B) Operating rules In determining the number of employees for purposes of subparagraph (A)— (i) rules consistent with any rules applicable in determining the number of employees for purposes of section 408(p)(2)(C) and section 4980B(d) of the Internal Revenue Code of 1986 shall apply; (ii) all members of the same family (within the meaning of section 318(a)(1) of the Internal Revenue Code of 1986) shall be treated as 1 individual; and (iii) any reference to an employer shall include a reference to any predecessor employer. (4) Exception for governments and churches The term covered employer shall not include— (A) a government or entity described in section 414(d) of the Internal Revenue Code of 1986; or (B) a church or a convention or association of churches that is exempt from tax under section 501 of such Code. (5) Aggregation rule A person treated as a single employer under subsection (a) or (b) of section 52 of the Internal Revenue Code of 1986 or subsection (m) or (o) of section 414 of such Code shall be treated as a single employer. (c) Qualifying employee For purposes of this title— (1) In general The term qualifying employee means any employee who is not an excluded employee. (2) Plan sponsor's employees If— (A) an employer maintains one or more qualifying plans or arrangements described in section 219(g)(5) of the Internal Revenue Code of 1986; and (B) the employees of a subsidiary, division, or other business unit are generally not eligible to participate in any such qualifying plan or arrangement, for purposes of this section, the employer shall be treated as a covered employer with respect to such employees (other than excluded employees), and such employees (other than excluded employees) shall be treated as qualifying employees for the calendar year. (3) Excluded employees (A) In general The term excluded employee means an employee who is an excludable employee and who is in a class or category that the employer excludes from treatment as qualifying employees. (B) Excludable employee The term excludable employee means— (i) an employee described in section 410(b)(3) of the Internal Revenue Code of 1986; (ii) an employee who has not attained the age of 21 before the beginning of the calendar year; (iii) an employee who has not completed at least 3 months of service with the employer; (iv) in the case of an employer that maintains a qualifying plan or arrangement which excludes employees who have not satisfied the minimum age and service requirements for participation in the plan, an employee who has not satisfied such requirements; (v) in the case of an employer that maintains an annuity contract (including a custodial account or retirement income account) under section 403(b) of the Internal Revenue Code of 1986, an employee who is permitted to be excluded from any salary reduction arrangement under the contract pursuant to paragraph (12) of such section 403(b); (vi) in the case of an employer that maintains an arrangement described in section 408(p) of such Code, an employee who is not required to be eligible to participate in the arrangement under paragraph (4) of such section 408(p); and (vii) in the case of an employer that maintains a simplified employee pension described in section 408(k) of such Code, an employee who is permitted to be excluded from participation under paragraph (2) of such section 408(k). (4) Guidance The Secretary of Labor (in this title referred to as the Secretary ) shall issue regulations or other guidance to carry out this subsection, including— (A) guidelines for determining the classes or categories of employees to be covered by a USA Retirement Fund; (B) guidelines requiring employers to specify the classification or categories of employees (if any) who are excluded from the USA Retirement Fund; and (C) rules to prevent avoidance of the requirements of this section. (d) Automatic USA Retirement Fund arrangement For purposes of this title— (1) In general The term automatic USA Retirement Fund arrangement means an arrangement of an employer (determined without regard to whether the employer is required to maintain the arrangement)— (A) that covers each qualifying employee of the covered employer for the calendar year; (B) under which a qualifying employee— (i) may elect— (I) to contribute to an automatic USA Retirement Fund by having the employer deposit payroll deduction amounts or make other periodic direct deposits (including electronic payments) to the Fund; or (II) to have such payments paid to the employee directly in cash; (ii) is treated as having made the election under clause (i)(I) in the amount specified in paragraph (4) unless the individual specifically elects not to have such contributions made (or specifically elects to have such contributions made at a different percentage or in a different amount); and (iii) not more than once per calendar year, may elect to modify the selection of the USA Retirement Fund to which contributions are made for such year; and (C) that meets the administrative requirements of paragraph (3), including the notice requirement of paragraph (3)(C). (2) Automatic re-enrollment An employee’s election not to contribute to a USA Retirement Fund (or to have such contributions made at a different percentage or in a different amount from those specified in paragraph (4)) shall expire after 2 years. After such 2-year period and absent a new election, the employee shall be treated as having made the election under paragraph (1)(B)(i)(I) in the amount specified in paragraph (4). (3) Administrative requirements (A) Payments An employer shall make the payments elected or treated as elected under paragraph (1)(B) on or before— (i) the last day of the month following the month in which the compensation otherwise would have been payable to the employee in cash; or (ii) such later date as the Secretary may prescribe. (B) Termination of employee participation Subject to a requirement for reasonable notice, an employee may elect to terminate participation in the arrangement at any time during a calendar year. The arrangement may provide that, if an employee so terminates participation, the employee may not elect to resume participation until the beginning of the next calendar year. (C) Notice of election period The employer shall notify each employee eligible to participate for a year in a USA Retirement Fund arrangement, within a reasonable period of time before the 30th day before the beginning of such year (and, for the first year the employee is so eligible, the 30th day before the first day such employee is so eligible), of— (i) the payments that may be elected or treated as elected under paragraph (1)(B); (ii) the opportunity to make the election to terminate participation in the arrangement under subparagraph (B); (iii) the opportunity to make the election under paragraph (1)(B)(ii) to have contributions or purchases made at a different percentage or in a different amount; and (iv) the opportunity under paragraph (1)(B)(iii) to modify the manner in which such amounts are invested for such year. (D) Employees may choose usa retirement fund The arrangement shall provide that a qualified employee may elect to have contributions made to any USA Retirement Fund available to the employee. (4) Amount of contributions and payments The amount specified in this paragraph is— (A) 3 percent of compensation for the calendar year beginning on January 1, 2015; (B) 4 percent of compensation for the calendar year beginning on January 1, 2016; (C) 5 percent of compensation for the calendar year beginning on January 1, 2017; and (D) 6 percent of compensation for calendar years beginning after December 31, 2017. (5) Coordination with withholding The Secretary of the Treasury shall modify the withholding exemption certificate under section 3402(f) of the Internal Revenue Code of 1986 so that, in the case of any qualifying employee covered by a USA Retirement Fund arrangement, any notice and election requirements with respect to the arrangement may be met through the use of an attachment to such certificate or other modifications of the withholding exemption procedures. (e) Deposits to USA Retirement Funds (1) In general Except as provided in paragraph (2), an employer shall make all contributions on behalf of employees to the USA Retirement Fund specified by the employee. (2) USA retirement funds other than those selected by employee In the absence of an affirmative selection of a USA Retirement Fund by the employee, contributions on behalf of the employee shall be made to the USA Retirement Fund designated by the employer. (3) Regulations The Secretary may issue such regulations as are necessary to carry out this subsection. (f) Preemption of conflicting State laws The requirements under this section preempt any law of a State that directly or indirectly prohibits or restricts the establishment or operation of an automatic USA Retirement Fund arrangement. Nothing in this section shall be construed to impair or preempt any State law to the extent such State law provides a remedy for the failure to make payroll deposit payments under any such automatic USA Retirement Fund arrangement within the period required. 3. Establishment of USA Retirement Funds (a) Qualification as a USA Retirement Fund For purposes of this title— (1) In general The term USA Retirement Fund means a fund for which the Secretary has determined the requirements under this title are met. (2) Request for determination The board of trustees of a program established for purposes of being treated as a USA Retirement Fund under this section shall, prior to beginning operations, submit to the Secretary (at such time and in such manner as the Secretary may prescribe) a request for the Secretary to make a determination as to whether the plan meets the requirements of this title for such treatment. Such request shall include copies of the written documents establishing the plan and such other materials as the Secretary may request. The Secretary shall make such determination within 180 days of receiving such request. (3) Periodic review The Secretary shall establish a process to periodically review each plan determined to be a USA Retirement Fund under paragraph (1) to ensure that the plan continues to meet the requirements of this title. (4) Public list of plans The Secretary shall maintain a public list of plans determined by the Secretary to qualify as USA Retirement Funds. Such list shall be posted to a publicly available Internet website. (b) Participation (1) Eligibility An individual may participate in any USA Retirement Fund for which such individual meets the eligibility requirements, individually or through an arrangement established by an employer. (2) Participation in other plans An individual who participates in a USA Retirement Fund shall not be precluded from participating in a plan or arrangement described in section 219(g)(5) of the Internal Revenue Code of 1986. (c) Governance (1) Assets held in trust; board of trustees For purposes of this title— (A) the assets of each USA Retirement Fund shall be held in trust, and (B) the Fund shall be governed by a board of trustees which shall consist of at least 3 individuals who— (i) are independent of service providers to the Fund; (ii) meet the qualification requirements established under this section; and (iii) are collectively able to adequately represent the interests of active participants, retirees, and contributing employers. (2) Independence requirement An individual is not independent of Fund service providers for purposes of paragraph (1)(B)(i) if such individual— (A) is an employee of any Fund service provider; (B) is a current or former officer or director of a significant Fund service provider, or is otherwise affiliated with such a provider; (C) is a member of the immediate family of any person who is affiliated with a significant Fund service provider; (D) derives more than 1 percent of the individual's annual income from a significant Fund service provider; (E) derives more than 5 percent of the individual's annual income from any Fund service provider; or (F) fails to meet meets such other criteria as are specified by the Secretary to ensure the independence of the board of directors. (3) Multiple trusteeships No individual may serve on the board of trustees of more than 1 USA Retirement Fund unless the Secretary receives attestation from the board of trustees of each applicable USA Retirement Fund and the individual that, at the time of appointment, there is no reasonably foreseeable conflict between the duties of such individual to the participants in each applicable USA Retirement Fund. In no case may an individual serve on the boards of trustees of more than 3 USA Retirement Funds. (4) Trustee qualifications Each trustee of a USA Retirement Fund shall attest that the trustee is knowledgeable of the trustee's duties and responsibilities as a fiduciary of a USA Retirement Fund. The Secretary may require by regulation such other qualifications and documentation as may be necessary to ensure that trustees are suitable and qualified. Such requirements may include those related to education, training, and minimum competency standards. (5) Trustee selection and removal (A) In general Each board of trustees of a USA Retirement Fund shall establish written procedures regarding the appointment, removal, and replacement of trustees on the board. Such procedures shall— (i) take effect after adoption by the majority of the board of trustees; (ii) be readily available to participants; (iii) provide participants with a reasonable opportunity to comment on, or participate in, the trustee selection process; and (iv) provide for periodic election of trustees. (B) Removal by the secretary The Secretary may require removal or suspension of a trustee if the conduct of the trustee is fraudulent or is causing, or can be reasonably expected to cause, significant, imminent, and irreparable harm to the participants or beneficiaries of a USA Retirement Fund. (C) Funds without qualified trustees If a board of trustees of a USA Retirement Fund has no members meeting the criteria under this subsection, the Secretary shall appoint replacement trustees. (6) Trustee compensation Trustees of the Fund may be compensated at reasonable rates from the Fund, but only if such compensation is paid in accordance with the written board compensation policy adopted under paragraph (7)(A)(iv). (7) Transparency and participant democracy (A) Publicly available policies The board of trustees of a USA Retirement Fund shall adopt and make available to participants and beneficiaries of, and employers contributing to, the USA Retirement Fund— (i) a written investment policy statement; (ii) a written lifetime income policy statement; (iii) an annual performance assessment of the board of trustees, including an evaluation of weaknesses of the board and a plan to address such weaknesses; (iv) a written board compensation policy that includes current compensation levels and provides a reasonable opportunity for comment from participants, beneficiaries, and employers; and (v) a written policy addressing conflicts of interests with respect to trustees. (B) Participant input regarding board of trustees (i) In general The board of trustees of a USA Retirement Fund shall establish procedures whereby a participant or beneficiary of such USA Retirement Fund may— (I) petition the board of trustees to remove a trustee or service provider; (II) comment on the management and administration of the USA Retirement Fund; and (III) with respect to a USA Retirement Fund with more than $250,000,000 of assets, vote to approve or disapprove the compensation of the trustees at least once every 3 years. (ii) Effect of vote If participants and beneficiaries of a USA Retirement Fund vote to disapprove the compensation of trustees under clause (i)(III)— (I) the results of such vote shall not be binding on the board of trustees; and (II) the board of trustees shall notify the Secretary of the results of such vote and provide an explanation of why the compensation is reasonable or anticipated changes to the compensation. (8) Liability insurance for trustees The trustees of each USA Retirement Fund shall have fiduciary liability insurance with a per-claim limit equal to no less than the greater of— (A) 5 percent of plan assets; or (B) $1,000,000. (9) Trustee duties (A) In general The trustees of a USA Retirement Fund shall manage the Fund with the intention of providing each participant with a cost-effective stream of income in retirement and reducing benefit level volatility (particularly for those approaching retirement). (B) Applicability of other requirements Each trustee of a USA Retirement Fund shall be a fiduciary subject to sections 404(a), 404(b), 405, 406, and 408 through 413 of the Employee Retirement Income Security Act of 1974 with respect to the Fund and participants and beneficiaries of the Fund. Each such trustee shall be subject to the standards and remedies of such sections and section 502 of such Act, as if the Fund were an employee benefit plan. (d) Contribution limitations (1) Employer Subject to paragraph (3), employers may, in addition to contributions an employee elects (or is treated as having elected) to have made, make a contribution of up to $5,000 per year to a USA Retirement Fund on behalf of each employee eligible to participate in a USA Retirement Fund, provided such contributions are made in a uniform manner (as the same dollar amount for each such employee or the same percentage of pay for each such employee) and are not intended to benefit solely highly compensated employees. (2) Employee An employee may not elect (or shall not be treated as having as elected) to contribute more than $15,000 per year to a USA Retirement Fund. (3) Annual indexing of amount The dollar amounts under paragraphs (1) and (2) shall be indexed annually for inflation. (e) Benefits in the form of an annuity (1) In general A USA Retirement Fund shall pay benefits in the form of an annuity in accordance with paragraph (2). The amount of such benefits shall be dependent on the amount of contributions made by the participant, the experience of the Fund, and the form of distribution elected by the participant. The amount of an annuity may be adjusted to reflect the experience of the Fund as necessary to protect the financial integrity of the Fund, except that annuity payments for those in pay status shall not be reduced more than 5 percent per year unless the Fund is faced with a significant financial hardship and the Secretary has approved the reduction. (2) Annuity A USA Retirement Fund shall pay benefits in accordance with one of the following: (A) In the case of a participant who does not die before the annuity starting date, the benefit payable to such participant shall be provided in the form of a qualified joint and survivor annuity (as defined in section 205(d)(1) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1055(d)(1) )). (B) In the case of a participant who dies before the annuity starting date and who has a surviving spouse, a qualified preretirement survivor annuity (as defined in section 205(d)(2) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1055(d)(2))) shall be provided to the surviving spouse of such participant. (C) In lieu of a qualified joint and survivor annuity form of benefit or the qualified preretirement survivor annuity form of benefit (or both), a participant may elect to receive a distribution described in subsection (f)(2) if one of the following conditions are met: (i) (I) The spouse of the participant consents in writing to the election. (II) Such election designates a beneficiary (or form of benefits) which may not be changed without spousal consent (or the consent of the spouse expressly permits designations by the participant without any requirement of further consent by the spouse). (III) The spouse’s consent acknowledges the effect of such election and is witnessed by a plan representative or a notary public. (ii) It is established to the satisfaction of a Fund representative that the consent required under subclause (I) cannot be obtained because there is no spouse, because the spouse cannot be located, or because of such other circumstances as the Secretary may by regulations prescribe. The consent of a spouse (or establishment that the consent of a spouse cannot be obtained) under this subparagraph shall be effective only with respect to such spouse. (3) Commencement of benefit payments A participant may elect the time to start receiving benefit payments from the USA Retirement Fund, except that a participant— (A) except as provided in subsection (f)(2)(B), may not elect to receive benefit payments before reaching the age of 60; and (B) must begin receiving benefit payments before the age of 72. (4) Notice Each Fund shall provide to each participant, within a reasonable period of time before the annuity starting date, a written explanation substantially similar to that required by section 205(c)(3) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1055(c)(3) ). (5) Assignment or alienation of fund benefits Benefits under a USA Retirement Fund shall be subject to section 206(d) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1056(d) ). (f) Limits on withdrawals and transfers (1) Transfers A participant may, not more frequently than once per year, transfer such participant's benefit to another USA Retirement Fund. (2) Limits on distributions (A) In general Except as provided in subparagraphs (B) and (C), a participant may not take a distribution other than one described in subsection (e)(2). (B) Participants aged 59 and younger A participant may before age 60 take a distribution of a portion of the participant's benefit if such distribution does not to exceed $5,500 and is rolled over to a qualifying plan or arrangement described in section 219(g)(5) of the Internal Revenue Code of 1986 or an individual retirement plan. (C) Participants aged 60 and older A participant who is 60 or older but who has not entered pay status may elect one time to take a distribution of the greater of $10,000 or 50 percent of the participant's benefit if the participant demonstrates to the satisfaction of the trustees of the Fund that the participant has sufficient retirement income apart from the Fund or is facing a substantial hardship. (g) Methods for providing annuitized benefit payments (1) In general A USA Retirement Fund shall establish and maintain mechanisms for adequately securing the payment of annuity benefits from the Fund. The Fund shall include a written description of such mechanisms in the investment and lifetime income policy statements required to be disclosed to participants. (2) Specific goals The mechanisms described in paragraph (1) shall ensure that— (A) each participant receives a stream of income for life; (B) each participant and beneficiary has an opportunity to be protected against longevity risk; and (C) volatility in benefit levels is minimized for participants and beneficiaries in pay status and those approaching pay status. (3) Self-annuitization (A) In general Notwithstanding any other provision of law, a USA Retirement Fund may self-annuitize if the Fund meets such requirements as the Secretary establishes as necessary to protect participants and beneficiaries in consideration of the recommendations of the Commission under section 103. (B) Duty to address emerging issues The Secretary shall, periodically and in accordance with established procedures, update the funding requirements promulgated under this paragraph in response to changing economic and business conditions to the extent necessary to carry out the purposes of this Act, taking into consideration the recommendations of the Commission. (h) Reporting and disclosure (1) Annual statement The trustees of a USA Retirement Fund shall provide each participant in the Fund an annual statement of— (A) the estimated amount of the monthly benefit which the participant or beneficiary is projected to receive from the USA Retirement Fund, in the form of the default benefit described in the plan in accordance with subsection (e)(2); (B) an explanation, written in a manner calculated to be understood by the average plan participant, that includes interest and mortality assumptions used in calculating the estimate and a statement that actual benefits may be materially different from such estimate; (C) a disclosure of Fund fees and performance that is substantially similar to the disclosures required of individual account plans under the Employee Retirement Income Security Act of 1974; (D) any other disclosures, including projected benefit estimates, that the board of trustees of the USA Retirement Fund determines appropriate; and (E) such other disclosures as may be required by the Secretary. (2) Summary plan description The trustees of a USA Retirement Fund shall provide participants a summary plan description (as described in section 102 of the Employee Retirement Income Security Act ( 29 U.S.C. 1022 )) as required by section 104(b) of the Employee Retirement Income Security Act ( 29 U.S.C. 1024(b) ). (3) Annual reports The trustees of a USA Retirement Fund shall file with the Secretary of Labor periodic reports in accordance with regulations promulgated by the Secretary. (4) Additional requirements Each USA Retirement Fund shall be subject to sections 106 and 107 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1026 , 1027). (i) Tax treatment (1) USA Retirement Fund A USA Retirement Fund is exempt from taxation under subtitle A of the Internal Revenue Code of 1986. Notwithstanding the preceding sentence, a USA Retirement Fund is subject to the taxes imposed by section 511 of such Code (relating to imposition of tax on unrelated business income of charitable, etc. organizations). (2) Contributions In the case of an individual, there shall be allowed as a deduction for the taxable year an amount equal to the amount of contributions to a USA Retirement Fund made by or on behalf of the individual under an automatic USA Retirement Fund arrangement under section 2(d). (3) Rollover contributions For purposes of this Act, rules similar to the rules of subparagraphs (A) and (D) of section 408(d)(3) of the Internal Revenue Code of 1986 shall apply. (4) Distributions Any distribution from a USA Retirement Fund shall be includible in the gross income of the distributee in the manner as provided in section 72 of the Internal Revenue Code of 1986. (5) Prohibited transactions, etc For purposes of this Act, rules similar to the rules of paragraphs (2), (3), and (4) of section 408(e)(2) of the Internal Revenue Code of 1986 shall apply. (6) Reports The trustees of a USA Retirement Fund shall make such reports regarding such Fund to the Secretary of the Treasury and to designated beneficiaries with respect to contributions, distributions, and such other matters as the Secretary of the Treasury may require. The reports required by this paragraph shall be filed at such time and in such manner and furnished to such individuals at such time and in such manner as may be required by the Secretary of the Treasury. 4. Commission on USA Retirement Funds (a) Recognition of private commission The Secretary shall— (1) recognize an independent, private commission, to be known as the Commission for USA Retirement Funds Funding (referred to in this title as the Commission ), and (2) in carrying out the Secretary's duties under this title, consider the recommendations of such Commission. (b) Commission The Commission recognized under subsection (a) shall meet the following requirements: (1) Membership (A) Composition The Commission shall be composed of 9 members selected by the Secretary, in consultation with the Secretary of the Treasury, of whom no more than 5 may be from one political party. The Secretary shall designate one member of the Commission as the Chairman. No person may be appointed to the Commission if, during the 2-year period preceding the date of appointment, such person was a trustee of a USA Retirement Fund. (B) Date The appointments of the members of the Commission shall be made not later than 90 days after the date of enactment of this Act. (C) Period of appointment; vacancies Members shall be appointed for terms of 2 years and may be appointed for consecutive terms. Any vacancy in the Commission shall not affect its powers, and shall be filled in the same manner as the original appointment. (2) Majority vote The Commission may act by majority vote of its members, provided that at least 7 members are present. (3) Commission personnel matters (A) Compensation of members Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (B) Travel expenses The members 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. (C) Staff (i) In general The Chairman of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (ii) Compensation The Chairman of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (iii) Detail of government employees Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (iv) Procurement of temporary and intermittent services The Chairman of 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 exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (4) Recommendations and regulations on funding and distribution requirements (A) In general After taking into consideration the recommendations of the Commission and providing the public notice and an opportunity for comment, the Secretary shall promulgate regulations with respect to funding and distribution requirements for USA Retirement Funds, as necessary or appropriate in the public interest and for the protection of participants and beneficiaries, including regulations described in subparagraphs (B) and (C). (B) Requirements relating to annuity payments made directly by a Fund The regulations under subparagraph (A) shall provide that in the case of annuity payments made directly by the Fund— (i) the maximum annuity payment for a participant or beneficiary shall be determined using the mortality tables and interest rates prescribed by the Secretary under subparagraph (C) at the time benefits commence; and (ii) the level of benefits paid may be adjusted periodically in order to reflect the mortality experience and the investment experience of the Fund, but only after the Fund has obtained a certification from a member of the American Academy of Actuaries that the adjustment is sustainable for the remaining lifetime of participants then receiving benefits, based on the mortality tables and interest rates prescribed under subparagraph (C) by the Secretary for that time. (C) Mortality tables and interest rates used requirements The regulations promulgated under subparagraph (A) shall include the following: (i) Mortality Tables (I) In general The Secretary shall prescribe mortality tables to be used in determining annuity payments made directly by the Fund. Such tables shall be based on the actual experience of insurance companies that issue group annuities and projected trends in such experience. In prescribing such tables, the Secretary shall take into account results of available independent studies of the mortality of individuals receiving annuities under group annuity contracts. (II) Periodic revisions of mortality tables The Secretary shall make revisions, to become effective as soon as practicable, in any mortality table in effect to reflect more recent actual experience of insurance companies that issue group annuities and projected trends in such experience. In revising such tables, the Secretary shall take into account the results of more recent available independent studies of the mortality and projected trends of individuals receiving annuities under group annuity contracts. (ii) Interest Rates The Secretary shall prescribe interest rates to be used in determining annuity payments made directly by the Fund. Such rates shall be based on the yields on investment grade corporate bonds with varying maturities and that are in the top 3 quality levels available. Interest rates shall be prescribed quarterly or more frequently, as determined by the Secretary. (5) Duty to address best practices The Commission shall prepare, and periodically update, a report that describes the best practices for the governance of boards of trustees of USA Retirement Funds, including board of trustee composition, appointment procedures, term length, term staggering, trustee qualifications, delegation of duties, and performance assessment procedures. 5. Limitation on employer liability Section 404 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1021 et seq. ) is amended by adding at the end the following: (e) An employer shall not be a fiduciary with respect to the selection, management or administration of a USA Retirement Fund solely because such employer makes available such Fund through an automatic USA Retirement Fund arrangement. Notwithstanding the preceding sentence, employers participating in a USA Retirement Fund shall be responsible for meeting the enrollment requirements and transmitting contributions, as required under the USA Retirement Funds Act . . 6. Enforcement and fraud prevention (a) Penalty for failure to timely remit contributions to automatic USA Retirement Fund arrangements (1) In general If an employer is required under an automatic USA Retirement Fund arrangement to deposit amounts withheld from an employee's compensation into a USA Retirement Fund but fails to do so within the time prescribed under section 2(d)(3), such amounts shall be treated as assets of a USA Retirement Fund. (2) Failure to provide access to payroll savings arrangements (A) General rule A covered employer who fails to meet the requirements of section 2(a) for a calendar year shall be subject to a civil money penalty of $100 per calendar year for each employee to whom such failure relates. (B) Exceptions No civil money penalty shall be imposed under this paragraph for a failure to meet the requirements under section 2(a)— (i) during a period for which the Secretary determines that the employer subject to liability for the civil money penalty did not know that the failure existed and exercised reasonable diligence to meet the requirements of section 2(a); or (ii) (I) the employer subject to liability for the civil money penalty exercised reasonable diligence to meet the requirements of section 2(a); and (II) the employer provides the automatic USA Retirement Fund arrangement described to each employee eligible to participate in the arrangement by the end of the 90-day period beginning on the first date the employer knew, or exercising reasonable diligence should have known, that such failure existed. (C) Waiver by the secretary In the case of a failure to meet the requirements of section 2(a) that is due to reasonable cause and not to willful neglect, the Secretary may, in the sole discretion of the Secretary, waive part or all of the civil money penalty imposed under this paragraph to the extent that the payment of such civil money penalty would be excessive or otherwise inequitable relative to the failure involved. (D) Procedures for notice The Secretary may prescribe and implement procedures for obtaining confirmation that employers are in compliance with subsection (a). The Secretary, in the discretion of such Secretary, may prescribe that the confirmation shall be obtained on an annual or less frequent basis, and may use for this purpose the annual report or quarterly report for employment taxes, or such other means as the Secretary may deem advisable. (b) Civil actions and enforcement (1) Administration and enforcement Part 5 of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1132 et seq. ) shall apply to a USA Retirement Fund as if a USA Retirement Fund were an employee benefit plan. (2) Amendment Section 502(a) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1132 et seq. ) is amended— (A) in paragraph (9), by striking ; or and inserting ; ; (B) in paragraph (10), by striking the period at the end and inserting ; or ; and (C) by adding at the end the following: (11) in the event that an employer fails to make timely contributions or payments to a USA Retirement Fund established under title I of the USA Retirement Funds Act , by the Secretary, a participant, a beneficiary, or a fiduciary, to compel an employer to make such contributions or payments as if such contributions or payments were delinquent contributions or payments under section 515 or subsection (g)(2). . (3) Non-preemption of certain State law Nothing in this section shall preempt State law insofar as State law relates to the enforcement of an obligation to contribute to a USA Retirement Fund. (c) False statements (1) In general No person, in connection with a plan or other arrangement that is or purports to be a USA Retirement Fund, shall make a false statement or false representation of fact, knowing it to be false, in connection with the marketing or sale of such plan or arrangement, to any employee, any member of an employee organization, any beneficiary, any employer, any employee organization, the Secretary, or any State, or the representative or agent of any such person, State, or the Secretary, concerning— (A) the financial condition or solvency of such fund or arrangement; (B) the benefits provided by such fund or arrangement; (C) the regulatory status of such fund or other arrangement under any Federal or State law governing collective bargaining, labor management relations, or intern union affairs; or (D) the regulatory status of such fund or other arrangement. (2) Penalty Any person who violates this subsection shall, upon conviction, be imprisoned not more than 10 years or fined under title 18, United States Code, or both. (d) Cease and desist orders (1) Issuance of order The Secretary may issue a cease and desist (ex parte) order under this title if the Secretary determines that the alleged conduct of a fund purporting to be a USA Retirement Fund is fraudulent, or creates an immediate danger to the public safety or welfare, or is causing or can be reasonably expected to cause significant, imminent, and irreparable public injury. (2) Hearings (A) In general A person who is adversely affected by the issuance of a cease and desist order under paragraph (1) may request a hearing by the Secretary regarding such order. The Secretary may require that a hearing under this paragraph, including all related information and evidence, be conducted in a confidential manner. (B) Burden of proof The burden of proof in any hearing conducted under subparagraph (A) shall be on the party requesting the hearing to show cause why the cease and desist order should be set aside. (C) Determination Based upon the evidence presented at a hearing under subparagraph (A), the Secretary may affirm, modify, or set aside the cease and desist order at issue, in whole or in part. (3) Regulations The Secretary may promulgate such regulations or other guidance as may be necessary or appropriate to carry out this subsection.	https://www.govinfo.gov/content/pkg/BILLS-113hr5828ih/xml/BILLS-113hr5828ih.xml
113-hr-5829	I 113th CONGRESS 2d Session H. R. 5829 IN THE HOUSE OF REPRESENTATIVES December 10, 2014 Mr. Lipinski introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to provide an exception for certain public-private research arrangements from the business use test for purposes of determining private activity bonds. 1. Exception to business use test for certain public-private research arrangements (a) In general Section 141(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (10) Exception for certain research arrangements (A) In general Paragraph (1) shall not apply to an issue if the proceeds of such issue are to be used under an arrangement relating to basic research at a facility— (i) owned by a governmental unit or a 501(c)(3) organization, and (ii) the governmental unit or a 501(c)(3) organization enters into a bona fide, arm’s-length contractual arrangement with a person other than a governmental unit or a 501(c)(3) organization regarding the terms for sharing the economic benefits of any products resulting from basic research, including arrangements in which those economic terms (such as exclusive or non-exclusive licenses of intellectual property and licensing fees or royalty rates) are determined in advance at the time the parties enter into the contractual arrangement. (B) Basic research For purposes of subparagraph (A), the term basic research means any original investigation for the advancement of scientific knowledge not having a specific commercial objective. . (b) Effective date The amendment made by subsection (a) shall apply to research agreements entered into after the date of the enactment of this Act.	https://www.govinfo.gov/content/pkg/BILLS-113hr5829ih/xml/BILLS-113hr5829ih.xml
113-hr-5830	I 113th CONGRESS 2d Session H. R. 5830 IN THE HOUSE OF REPRESENTATIVES December 10, 2014 Mr. Johnson of Georgia (for himself, Mr. Ellison , Ms. Jackson Lee , Mr. Grayson , Ms. Norton , Mr. Rangel , Mr. Cummings , Mr. Clay , Ms. Lee of California , and Mr. Conyers ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide that in the case of a law enforcement officer who uses deadly force against a person, and thereby causes the death of that person, a hearing shall be conducted before a judge to determine whether there is probable cause for the State to bring criminal charges against the law enforcement officer relating to the death of the person, and for other purposes. 1. Short title This Act may be cited as the Grand Jury Reform Act of 2014 . 2. Findings The Congress finds the following: (1) Grand juries are typically used as the process by which allegations of police misconduct are prosecuted. (2) There exists a symbiotic relationship between local prosecutors and the law enforcement officers who regularly testify in routine grand jury investigations. (3) The closeness of this relationship creates public suspicion that accused police officers receive preferential consideration from grand juries when they are subject to grand jury investigations. (4) Police officers have the right to appear before the grand jury investigating allegations of wrongdoing by said officer, and give testimony not subject to a thorough cross examination. (5) Grand jury proceedings are by law secret proceedings. (6) The secret grand jury process has historically resulted in a refusal to indict when the subject of their investigation is a local law enforcement officer. (7) The recent grand jury proceedings following the deaths of Michael Brown and Eric Garner have followed historical tradition, ending with a refusal to indict the law enforcement officers involved in their deaths. (8) The American people have lost confidence in the secretive grand jury process when it is used to evaluate allegations of police misconduct. (9) The loss of confidence in our system of justice leads to the undermining of the principles of equality and justice upon which this country was founded. 3. Hearing before a judge required (a) Receipt of grant funds In order for a State or unit of local government in a State to be eligible to receive Federal funding under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3750 et seq. ), the State shall comply with the requirements of this section. (b) Hearing requirement; appointment of special prosecutor In the case of a law enforcement officer who uses deadly force against a person, and thereby causes the death of that person, the Governor of the State in which the death occurred shall appoint a special prosecutor to present evidence on behalf of the State at a hearing before a judge in the appropriate court, in order to determine whether probable cause exists for the State to bring criminal charges against the law enforcement officer relating to the death of the person, which determination shall be made by the judge. The Governor shall use a random process to select the special prosecutor from among the prosecutors in the State, excluding the prosecutors of the locality in which the death took place. (c) Written determination of probable cause The judge presiding over a hearing described in subsection (b) shall issue the determination described in subsection (b) in writing, and shall submit such determination to the chief prosecutor of the locality in which the death took place. (d) Recommendations of the special prosecutor Upon the conclusion of a hearing described in subsection (b), the special prosecutor shall submit written recommendations to the chief prosecutor of the locality in which the death took place, including a recommendation regarding whether criminal charges should be brought against the law enforcement officer relating to the death of the person. (e) Court To Remain Open to the Public In a hearing described in subsection (a), the court shall remain open to the public, except as determined appropriate by the presiding judge.	https://www.govinfo.gov/content/pkg/BILLS-113hr5830ih/xml/BILLS-113hr5830ih.xml
113-hr-5831	I 113th CONGRESS 2d Session H. R. 5831 IN THE HOUSE OF REPRESENTATIVES December 10, 2014 Mr. Johnson of Georgia (for himself and Mr. Clay ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to provide a penalty for violent crimes by certain State or local law enforcement officers, and for other purposes. 1. Short title This Act may be cited as the Police Accountability Act of 2014 . 2. Violent crimes by certain State or local law enforcement officers (a) In general Chapter 1 of title 18, United States Code, is amended by adding at the end the following: 28. Violent crimes by certain State or local law enforcement officers (a) Offense Whoever, being a State or local law enforcement officer in a public agency which receives Federal justice assistance engages in any conduct that, were the conduct to occur in the special maritime and territorial jurisdiction of the United States, would constitute a Federal crime of violence, shall be punished as is provided for that offense under Federal law. (b) Definition In this section— (1) the term State or local law enforcement officer means an employee of a State or local government— (A) who has statutory authority to make arrests or apprehensions; (B) who is authorized by the agency of the employee to carry firearms; and (C) whose duties are primarily— (i) engagement in or supervision of the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law; or (ii) the protection of Federal, State, local, or foreign government officials against threats to personal safety; and (2) the term State or local government means the government— (A) of a State, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States; or (B) of a political subdivision of such a State, District, Commonwealth, territory or possession. . (b) Clerical amendment The table of sections at the beginning of chapter 1 of title 18, United States Code, is amended by adding at the end the following new item: 28. Violent crimes by certain State or local law enforcement officers. .	https://www.govinfo.gov/content/pkg/BILLS-113hr5831ih/xml/BILLS-113hr5831ih.xml
113-hr-5832	I 113th CONGRESS 2d Session H. R. 5832 IN THE HOUSE OF REPRESENTATIVES December 10, 2014 Mr. Thompson of Pennsylvania (for himself, Mr. Walz , Mr. Rangel , Ms. Shea-Porter , Mr. Cramer , Mr. Rush , Mr. Marino , Mr. Amodei , Mr. Barletta , Mr. Kelly of Pennsylvania , Mr. Fitzpatrick , Mr. Wilson of South Carolina , and Mr. Perry ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to modify the enhanced selective discharge authority currently available to the Secretary of a military department to permit a commissioned officer in the Armed Forces who was appointed from the enlisted ranks and has at least 20 years of service, at least four years of which has been commissioned service, to retire in the officer’s commissioned rank. 1. Short title This Act may be cited as the Proudly Restoring Officers of Prior Enlistment Retirement Act or the PROPER Act . 2. Reduction in required length of commissioned service for retirement as an officer (a) Army Section 3911(b) of title 10, United States Code, is amended— (1) in paragraph (2), by striking The period and inserting Except as provided in paragraph (3), the period ; and (2) by adding at the end the following new paragraph: (3) During the period beginning on January 1, 2014, and ending on September 30, 2016, the requirement under subsection (a) for at least 10 years of active service as a commissioned officer shall be reduced to a period of at least four years. . (b) Navy and Marine Corps Section 6323(a)(2) of title 10, United States Code, is amended— (1) in subparagraph (B), by striking The period and inserting Except as provided in subparagraph (C), the period ; and (2) by adding at the end the following new subparagraph: (B) During the period beginning on January 1, 2014, and ending on September 30, 2016, the requirement under paragraph (1) for at least 10 years of active service as a commissioned officer shall be reduced to a period of at least four years. . (c) Air Force Section 8911(b) of title 10, United States Code, is amended— (1) in paragraph (2), by striking The period and inserting Except as provided in paragraph (3), the period ; and (2) by adding at the end the following new paragraph: (3) During the period beginning on January 1, 2014, and ending on September 30, 2016, the requirement under subsection (a) for at least 10 years of active service as a commissioned officer shall be reduced to a period of at least four years. . (d) Retroactive application In the case of a member of the Army, Navy, Air Force, or Marine Corps who was retired under section 638a, 3911(a), 6323(a), or 8911(a) of title 10, United States Code, during the period beginning on January 1, 2014, and ending on the date of the enactment of this Act, the Secretary of the military department concerned shall modify the rank in which the member was retired if necessary to comply with the amendments made by this section.	https://www.govinfo.gov/content/pkg/BILLS-113hr5832ih/xml/BILLS-113hr5832ih.xml
113-hr-5833	I 113th CONGRESS 2d Session H. R. 5833 IN THE HOUSE OF REPRESENTATIVES December 10, 2014 Mr. Camp (for himself and Mr. Levin ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To require upon request a probable cause hearing in connection with property seizures relating to certain monetary instruments transactions. 1. Short title This Act may be cited as the Taxpayer Protections Against Abusive Seizures Act . 2. Probable cause hearing in connection with property seizures relating to certain monetary instruments transactions (a) In general If a hearing by a court of competent jurisdiction is requested within 14 days after the date on which notice is provided under subsection (b), property seized or restrained pursuant to section 5317(c)(2) of title 31, United States Code, with respect to an alleged violation of section 5324 of title 31 of such Code, shall be returned unless the court holds an adversarial hearing and finds within 14 days of such request that there is probable cause to believe that there is a violation of such section 5324 involving such property. (b) Notice Notice shall be provided to each person from whom property is seized or restrained pursuant to section 5317(c)(2) of title 31, United States Code, of the rights of such person under subsection (a). (c) Effective date Subsections (a) and (b) shall apply with respect to property seized or restrained after the date of the enactment of this Act.	https://www.govinfo.gov/content/pkg/BILLS-113hr5833ih/xml/BILLS-113hr5833ih.xml
113-hr-5834	I 113th CONGRESS 2d Session H. R. 5834 IN THE HOUSE OF REPRESENTATIVES December 10, 2014 Mr. Foster (for himself and Mr. Cárdenas ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To include reasonable costs for high-speed Internet service in the utility allowances for families residing in public housing, and for other purposes. 1. Short title This Act may be cited as the Closing the Digital Divide for Students Act of 2014 . 2. Inclusion of high-speed Internet service in public housing utility allowances for certain families Subsection (b) of section 3 of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b) ) is amended by adding at the end the following new paragraph: (14) Utility allowance A utility allowance under this Act for public housing shall include costs for high-speed Internet service, subject to the following limitations: (A) Cost The cost included in a utility allowance for a public housing dwelling unit pursuant to this paragraph shall not— (i) exceed the lowest cost available in the area of such housing for such high-speed Internet service; and (ii) include any costs for cable or satellite television service or for joint packages for Internet service together with cable or satellite television service. (B) Qualified families Costs for high-speed Internet service may be included in a utility allowance only for a household that incurs such costs and includes children who qualify for free and reduced price lunch pursuant to section 9 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758 ). (C) Protection of minors Costs for high-speed Internet service may be included in a utility allowance for a household only if the Internet service provider, upon initial provision of such service for a household, provides the household with a specific technology capable of blocking or filtering Internet access to visual depictions described in section 254(h)(5)(B)(i) of the Communications Act of 1937 (47 U.S.C. 254(h)(5)(B)(i)) that provides a level of protection against access by minors to such depictions through the Internet that is at least as great as the level of protection provided by a technology protection measure (as such term is defined in paragraph (7) of such section 254(h)) that meets the requirements for certification under such paragraph, as determined by the Secretary. .	https://www.govinfo.gov/content/pkg/BILLS-113hr5834ih/xml/BILLS-113hr5834ih.xml
113-hr-5835	I 113th CONGRESS 2d Session H. R. 5835 IN THE HOUSE OF REPRESENTATIVES December 10, 2014 Mr. Gene Green of Texas 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 and the Public Health Service Act with respect to making progress toward the goal of eliminating tuberculosis, and for other purposes. 1. Short title This Act may be cited as the Comprehensive TB Elimination Act of 2014 . 2. Findings The Congress finds as follows: (1) Each year approximately 9,000,000 people become ill with active tuberculosis (TB), an airborne infectious disease, and it is estimated that 1,500,000 of those people die, making TB the second leading global infectious disease killer. (2) There is a global underinvestment in quality TB control, and in the research and development of new drugs, diagnostics and a vaccine, as well as in the relationship between TB and HIV/AIDS. (3) The increasing occurrence of multi-drug resistant ( MDR ) TB, including extensively drug resistant ( XDR ) TB which is resistant to at least two of the recommended first-line drugs and the recommended second-line medications, is a serious and emerging global health problem. (4) Cases of TB are reported annually in every State within the United States, with a total of 9,582 cases of active TB reported in the United States in 2013. (5) In addition to those with active TB, an estimated 8,000,000 to 10,000,000 people in the United States are infected with the TB bacteria. (6) Drug-resistant TB poses a particular challenge to domestic TB control due to the high costs of treatment and intensive health care resources required. Treatment costs for MDR TB range from $100,000 to $300,000, which can cause a serious strain on State public health budgets. (7) In 2013, the United States experienced serious shortages of first- and second-line TB drugs and biologics, including isoniazid, the first-line TB drug, and tubersol, the biologic used in TB skin tests. (8) New tools are urgently needed to more effectively prevent, diagnose, and treat TB. Within the last 40 years, only one new TB drug has been developed and approved in the United States, and the treatment regimen for MDR TB remains excessively lengthy, toxic, and difficult for patients to tolerate. The existing vaccine, which is not used in the United States, confers no protection to adolescents and adults, protecting only against pulmonary TB in infants and children. (9) The expertise in identifying, treating, and preventing TB is within the Centers for Disease Control and Prevention and the United States public health system. The identification and preventive treatment of the millions of people in the United States with TB infection, representing the reservoir of future active TB cases, is a key component of the strategy to eliminate TB in the United States. 3. Food and Drug Administration Clause (i) of section 506D(a)(1)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356d(a)(1)(B)) is amended to read as follows: (i) plans for enhanced interagency and intra-agency coordination, communication, and decisionmaking, including by ensuring coordination between the task force established under this section and the Federal Tuberculosis Task Force under section 317E(g) of the Public Health Service Act in the development and implementation of strategies and systems to prevent and mitigate shortages of drugs used in connection with tuberculosis; . 4. Centers for Disease Control and Prevention; Health Resources and Services Administration (a) Prioritizing programs for high-Risk populations, including foreign-Born, homeless, and uninsured populations Subsection (a) of section 317E of the Public Health Service Act ( 42 U.S.C. 247b–6 ) is amended— (1) by striking The Secretary and inserting the following: (1) Grants The Secretary ; and (2) by adding at the end the following: (2) Priority In making grants under this subsection, the Secretary shall give priority to awarding grants to State health departments proposing to focus on the prevention, control, and elimination of tuberculosis in high-risk populations, including foreign-born, homeless, and uninsured populations. . (b) Grants for coordination of programs and services for prevention, diagnosis, and treatment (1) Grants Section 317E of the Public Health Service Act ( 42 U.S.C. 247b–6 ) is amended— (A) by redesignating subsections (c) through (h) as subsections (d) through (i), respectively; and (B) by inserting after subsection (b) the following: (c) Grants for coordination of programs and services for prevention, diagnosis, and treatment (1) Grants The Secretary, acting through the Administrator of the Health Resources and Services Administration, may award grants to State and local governments and Federally qualified health centers for coordinating the programs and services of such governments and centers to ensure timely and appropriate prevention, diagnosis, and treatment of tuberculosis. (2) Definition In this subsection, the term Federally qualified health center has the meaning given to such term in section 1861(aa) of the Social Security Act. . (2) Conforming changes Section 317E of the Public Health Service Act ( 42 U.S.C. 247b–6 ) is amended— (A) in subsections (d), (e)(1), (e)(3)(A), and (f)(1), as redesignated, by striking subsection (a) or (b) each place it appears and inserting subsection (a), (b), or (c) ; and (B) in subsection (e)(3)(A), as redesignated, by inserting (subject to subsection (a)(2)) after highest priority . (c) Federal Tuberculosis Task Force Paragraph (1) of section 317E(h) of the Public Health Service Act ( 42 U.S.C. 247b–6(g) ), as redesignated, is amended to read as follows: (1) Duties The Federal Tuberculosis Task Force (in this subsection referred to as the Task Force ) shall provide to the Secretary and other appropriate Federal officials advice on— (A) research into new tools under subsection (b)(2) and ensuring access to such new tools; and (B) the development and implementation of strategies and systems to prevent and mitigate shortages of drugs used in connection with tuberculosis. . (d) Reauthorization of national strategy for combating and eliminating tuberculosis Section 317E(i)(1)(A) of the Public Health Service Act ( 42 U.S.C. 247b–6(h)(1)(A) ) is amended by striking $243,101,250 for fiscal year 2013 and inserting $243,101,250 for each of fiscal years 2013 through 2019 . 5. National Institutes of Health Paragraph (1) of section 424C(b) of the Public Health Service Act (42 U.S.C. 285b–7c(b)) is amended to read as follows: (1) enhancing basic, clinical, and operational research on tuberculosis, including with respect to— (A) drug resistant tuberculosis; (B) infection with, and the progression of, tuberculosis; and (C) pediatric tuberculosis; .	https://www.govinfo.gov/content/pkg/BILLS-113hr5835ih/xml/BILLS-113hr5835ih.xml
113-hr-5836	I 113th CONGRESS 2d Session H. R. 5836 IN THE HOUSE OF REPRESENTATIVES December 10, 2014 Mr. Grijalva (for himself and Mr. Jones ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To assist in the conservation of rare felids and rare canids by supporting and providing financial resources for the conservation programs of nations within the range of rare felid and rare canid populations and projects of persons with demonstrated expertise in the conservation of rare felid and rare canid populations. 1. Short title This Act may be cited as the Rare Cats and Canids Act of 2014 . 2. Purposes The purposes of this Act are to provide financial resources and to foster international cooperation— (1) to restore and perpetuate healthy populations of rare felids and rare canids in the wild; and (2) to assist in the conservation of rare felid and rare canid populations worldwide. 3. Definitions In this Act: (1) CITES The term CITES means the Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS 8249), including its appendices. (2) Conservation The term conservation — (A) means the methods and procedures necessary to bring a population, subspecies, species, or taxon of rare felid or rare canid to the point at which there are sufficient populations in the wild to ensure its long-term viability; and (B) includes all activities associated with protection and management of a population, subspecies, species, or taxon of rare felid or rare canid, including— (i) maintenance, management, protection, and restoration of rare felid or rare canid habitat; (ii) research and monitoring; (iii) law enforcement; (iv) community outreach and education; (v) conflict resolution initiatives; and (vi) strengthening the capacity of local communities, governmental agencies, nongovernmental organizations and other institutions to implement conservation programs. (3) Fund The term Fund means the Rare Cats and Canids Conservation Fund established by section 5. (4) IUCN Red List The term IUCN Red List means the Red List of Threatened Species Maintained by the World Conservation Union. (5) Rare canid (A) In general Except as provided in subparagraph (B), the term rare canid means any population, subspecies, species, or taxon in the family Canidae that is listed in the IUCN Red List as near threatened, vulnerable, endangered, or critically endangered. (B) Exclusions The term rare canid does not include any subspecies or population that is native to the area comprised of the United States and Canada. (6) Rare Felid (A) In general Except as provided in subparagraph (B), the term rare felid means any population, subspecies, species, or taxon in the family Felidae that is listed in the IUCN Red List as near threatened, vulnerable, endangered, or critically endangered. (B) Exclusions The term rare felid does not include— (i) any subspecies or population that is native to the area comprised of the United States and Canada; and (ii) any tiger (Panthera tigris). (7) Secretary The term Secretary means the Secretary of the Interior. 4. Financial assistance (a) In General Subject to the availability of funds and in consultation with other appropriate Federal officials, the Secretary shall use amounts in the Fund to provide financial assistance for projects for the conservation of rare felid and rare canids for which project proposals are approved by the Secretary in accordance with this section. (b) Project Proposals (1) Eligible applicants A proposal for a project for the conservation of rare felid and canids may be submitted to the Secretary by— (A) any wildlife management authority of a country that has within its boundaries any part of the range of a rare felid or rare canid, respectively; and (B) any person or group with the demonstrated expertise required for the conservation in the wild of rare felids or rare canids, respectively. (2) Project proposals To be considered for financial assistance for a project under this Act, an applicant shall submit a project proposal that includes— (A) a concise statement of the purposes of the project; (B) the name of the individual responsible for conducting the project; (C) a description of the qualifications of the individuals who will conduct the project; (D) a concise description of— (i) methods for project implementation and outcome assessment; (ii) staffing for the project; (iii) the logistics of the project; and (iv) community involvement in the project; (E) an estimate of funds and time required to complete the project; (F) evidence of support for the project by appropriate governmental entities of the countries in which the project will be conducted, if the Secretary determines that such support is required for the success of the project; (G) information regarding the source and amount of matching funding available for the project; and (H) any other information that the Secretary considers to be necessary for evaluating the eligibility of the project for funding under this Act. (c) Project Review and Approval (1) In general The Secretary shall— (A) not later than 30 days after receiving a project proposal, provide a copy of the proposal to the appropriate Federal officials; and (B) review each project proposal in a timely manner to determine if the proposal meets the criteria specified in subsection (d). (2) Consultation; approval or disapproval Not later than 180 days after receiving a project proposal, and subject to the availability of funds, the Secretary, after consulting with other appropriate Federal officials, shall— (A) ensure the proposal contains assurances that the project will be implemented in consultation with relevant wildlife management authorities and other appropriate government officials with jurisdiction over the resources addressed by the project; (B) approve or disapprove the proposal; and (C) provide written notification of the approval or disapproval to the person who submitted the proposal, other appropriate Federal officials, and each country within whose borders the project will take place. (d) Criteria for Approval The Secretary may approve a project proposal under this section if the project will contribute to conservation of rare felids or rare canids in the wild by assisting efforts to— (1) implement conservation programs; (2) address the conflicts between humans and rare felids or rare canids, respectively, that arise from competition for the same habitat or resources; (3) enhance compliance with CITES, the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ), and other applicable laws that prohibit or regulate the taking or trade of rare felids and rare canids or regulate the use and management of rare felid and rare canid habitat; (4) develop sound scientific information on, or methods for monitoring— (A) the condition and health of rare felid or rare canid habitat; (B) rare felid or rare canid population numbers and trends; and (C) the ecological characteristics and requirements of populations of rare felids or rare canids for which there are little or no data; (5) promote cooperative projects among government entities, affected local communities, nongovernmental organizations, and other persons in the private sector; or (6) funds will not be appropriated for the purchase or lease of lands to be used as suitable habitat for felids or canids. (e) Project Sustainability In approving project proposals under this section, the Secretary shall give preference to conservation projects that are designed to ensure effective, long-term conservation of rare felids and rare canids and their habitats. (f) Matching Funds In determining whether to approve project proposals under this section, the Secretary shall give preference to projects for which there exists some measure of matching funds. (g) Project Reporting (1) In general Each person that receives assistance under this section for a project shall submit to the Secretary periodic reports (at such intervals as the Secretary considers necessary) that include all information that the Secretary, after consultation with other appropriate government officials, determines is necessary to evaluate the progress and success of the project for the purposes of ensuring positive results, assessing problems, and fostering improvements. (2) Availability to the public Reports under paragraph (1), and any other documents relating to projects for which financial assistance is provided under this Act, shall be made available to the public. (h) Limitations on Use for Captive Breeding or Display Amounts provided as a grant under this Act may not be used for captive breeding unless as part of an accredited reintroduction or restoration program. (i) Advisory Group (1) In general To assist in carrying out this Act, the Secretary may convene an advisory group consisting of individuals representing public and private organizations actively involved in the conservation of felids and canids. (2) Public participation (A) Meetings The advisory group shall— (i) ensure that each meeting of the advisory group is open to the public; and (ii) provide, at each meeting, an opportunity for interested persons to present oral or written statements concerning items on the agenda. (B) Notice The Secretary shall provide to the public timely notice of each meeting of the advisory group, including the meeting agenda. (C) Minutes Minutes of each meeting of the advisory group shall be kept by the Secretary and shall be made available to the public. (3) Exemption from Federal Advisory Committee Act The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory group. 5. Rare Cats and Canids Conservation Fund (a) Establishment There is established, in the Multinational Species Conservation Fund established in title I of the Department of the Interior and Related Agencies Appropriations Act, 1999 under the heading MULTINATIONAL SPECIES CONSERVATION FUND , a separate account to be known as the Rare Cats and Canids Conservation Fund , consisting of— (1) amounts transferred to the Secretary of the Treasury for deposit into such account under subsection (c); and (2) amounts appropriated to such account under section 6. (b) Expenditures From Fund (1) In general Subject to paragraph (2), upon request by the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary, without further appropriation, such amounts as the Secretary determines are necessary to provide assistance under section 4. (2) Administrative expenses Of the amounts in the Fund available for each fiscal year, the Secretary may expend not more than three percent, or up to $100,000, whichever is greater, to pay the administrative expenses necessary to carry out this Act. (c) Acceptance and Use of Donations The Secretary may accept and use donations to provide assistance under section 4, and may make public on the Internet Web site and in publications of the Department of the Interior that the Secretary is authorized to accept and use such donations. Amounts received by the Secretary in the form of such donations shall be transferred to the Secretary of the Treasury for deposit into the Fund. 6. Authorization of appropriations There is authorized to be appropriated to the Fund, $5,000,000 for each of fiscal years 2015 through 2019 to carry out this Act.	https://www.govinfo.gov/content/pkg/BILLS-113hr5836ih/xml/BILLS-113hr5836ih.xml
113-hr-5837	I 113th CONGRESS 2d Session H. R. 5837 IN THE HOUSE OF REPRESENTATIVES December 10, 2014 Mr. Hastings of Florida introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To provide for the establishment of a global affairs strategy and assistance for people of African descent, and for other purposes. 1. Short title This Act may be cited as the African Descent Act of 2014 . 2. Findings Congress finds the following: (1) The struggle to end discrimination against people of African descent is a global challenge, and one that is central to the United States commitment to human rights. (2) Targeted exclusion, violence, and discrimination against people of African descent continues around the world. (3) Issues range from the fight for ancestral lands in Latin America, hate crimes resulting in injury and death in Europe, profiling and excessive use of force by law enforcement in the United States, and continuing global disparities in health, education, employment, housing, and other sectors. (4) It is imperative that the world actively address the vestiges of slavery and colonialism that have long hindered racial equality and justice and prevented the recognition of the important contributions of people of African descent to the world. (5) The International Decade for People of African Descent, from January 1, 2015, to December 31, 2025, offers an opportunity to address these issues domestically and globally through coordinated government and civil society strategies, including the private sector. 3. Activities of the Department of State (a) Office of global african descent affairs Title I of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a et seq. ) is amended by adding at the end the following new section: 63. Office of Global African Descent Affairs (a) Establishment of office Not later than 60 days after the date of enactment of this section, the Secretary of State shall establish within the Department of State an Office of Global African Descent Affairs (in this section referred to as the Office ) in the Front Office of the Office of the Undersecretary for Public Diplomacy and Public Affairs. (b) Head of office (1) In general The head of the Office shall be the Director and Special Advisor to the Secretary on Global African Descent Affairs (in this section referred to as the Special Advisor ). (2) Appointment The Director shall be appointed by the Secretary. (c) Other personnel The Office shall be supported by two senior Foreign Service officers. (d) Functions The functions of the Office shall include the following: (1) Advise the Secretary and direct activities, policies, programs, and funding relating to the human rights and the advancement of people of African descent internationally, for all bureaus and offices of the Department of State and shall lead the coordination, monitoring, and evaluation of relevant international programs for all other Federal agencies. (2) Represent the United States in diplomatic matters relevant to the human rights of people of African descent in contacts with foreign governments, intergovernmental organizations, and specialized agencies of the United Nations, the Organization of Security and Cooperation in Europe, other international organizations of which the United States is a member, relevant multilateral conferences and meetings. (3) Lead efforts to promote an international focus on racial equality more broadly, including through diplomatic initiatives with other countries and partnerships and regular and enhanced coordination with international and nongovernmental organizations and the private sector. (4) Manage a $3,000,000 fund for people of African descent to invest in efficient and innovative solutions to combat racial discrimination and create economic and political opportunities for people of African descent internationally. (5) Develop a uniform set of indicators and standards for monitoring and evaluating foreign policy assistance for people of African descent in Federal agencies. (6) Direct, as appropriate, United States Government resources to respond to needs for protection, integration, resettlement, and empowerment of people of African descent in United States Government policies and international programs, including to prevent and respond to discrimination and violence against people of African descent internationally. (7) Work in collaboration with the Race, Ethnicity, and Social Inclusion Unit in the Western Hemisphere Bureau Office. (8) Compile an annual report on activities of the United States Government relating to people of African descent to fulfill the requirements of this section and the African Descent Act of 2014. (e) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. (2) People of african descent The term people of African descent has the meaning given the term in section 5 of the African Descent Act of 2014. . (b) Annual human rights report (1) In general The Foreign Assistance Act of 1961 is amended— (A) in section 116 ( 22 U.S.C. 2151n ), by adding at the end the following new subsection: (h) Status of people of african descent (1) In general The report required under subsection (d) shall include, for countries in the Americas, Europe, Asia, and the Middle East, a description of the status of people of African descent in each such country. (2) Definition In this subsection, the term people of African descent has the meaning given the term in section 5 of the African Descent Act of 2014. ; and (B) in section 502B ( 22 U.S.C. 2304 )— (i) by redesignating the second subsection (i) (as added by section 1207(b)(2) of Public Law 113–4 ) as subsection (j); and (ii) by adding at the end the following new subsection: (k) Status of people of african descent (1) In general The report required under subsection (b) shall include, for countries in the Americas, Europe, Asia, and the Middle East, a description of people of African descent in each such country. (2) Definition In this subsection, the term people of African descent has the meaning given the term in section 5 of the African Descent Act of 2014. . (2) Effective date The amendments made this subsection take effect on the date of the enactment of this Act and apply with respect to reports required to be submitted under sections 116 and 502B of the Foreign Assistance Act of 1961, as amended by this subsection, on or after such date of enactment. (c) Authorization of appropriations (1) In general There is authorized to be appropriated to the Secretary of State $5,000,000 for each of the fiscal years 2015 through 2026 to carry out this section and the amendments made by this section. (2) Private contributions Notwithstanding any other provision of law, the Secretary of State is authorized to accept private contributions to carry out this section and the amendments made by this section. (3) Designation Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) and private contributions accepted under paragraph (2) may be referred to as the President Obama Fund for African Descent Affairs . 4. Activities of the United States Agency for International Development (a) Senior advisor (1) In general The Administrator of the United States Agency for International Development shall appoint within the immediate office of the Administrator a Senior Advisor to the Administrator on Global African Descent Affairs (in this section referred to as the Special Advisor ). (2) Appointment The Senior Advisor shall be appointed by the Administrator. (b) Functions The functions of the Special Advisor shall include the following: (1) Advise the Administrator and direct activities, policies, programs, and funding relating to the human rights and advancement of people of African descent internationally for all bureaus and offices of the Agency. (2) Develop a racial and ethnic equality and empowerment policy, strategy, and action plan for the Agency, in consultation with civil society, that includes a focus on people of African descent. (3) Serve as the Agency liaison to the Department of State’s Office on Global African Descent Affairs. (4) Develop a uniform set of indicators and standards for monitoring and evaluating foreign assistance for people of African descent in Federal agencies. (c) Authorization of appropriations There is authorized to be appropriated to the Administrator $3,000,000 for each of the fiscal years 2015 through 2026 to carry out this section. 5. Funding (a) In general Except as otherwise provided in this Act, of the amounts made available for Diplomatic and Consular Programs for each of the fiscal years 2015 through 2026, $8,000,000 is authorized to be appropriated for each such fiscal year to carry out this Act. (b) Funding offset To offset the costs to be incurred by the Department of State to carry out the provisions of this Act for fiscal years 2015 through 2026, the Secretary of State shall eliminate such positions within the Department of State, unless otherwise authorized or required by law, as the Secretary determines to be necessary to fully offset such costs. (c) Limitation No additional funds are authorized to be appropriated for Diplomatic and Consular Programs to carry out the provisions of this Act. 6. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. (2) People of African descent The term people of African descent means persons of African origin who are residents of countries of the Americas, Europe, Asia, and the Middle East. 7. Briefings and assessments Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Director and Special Advisor to the Secretary on Global African Descent Affairs (appointed under section 63 of the State Department Basic Authorities Act of 1956 (as added by section 3 of this Act))— (1) shall brief the appropriate congressional committees on the status of the human rights, social inclusion, equality, and empowerment of people of African descent internationally, as well as the status of programs and response strategies to address discrimination and violence against people of African descent internationally; and (2) shall submit to the appropriate congressional committees an assessment of human and financial resources necessary to fulfill the purposes and duties of this Act and the amendments made by this Act. 8. United States policy to prevent and respond to discrimination and violence against people of African descent (a) Global strategy requirement Not later than 180 days after the date of the enactment of this Act, and annually thereafter for 5 years, the Director and Special Advisor to the Secretary on Global African Descent Affairs shall develop or update a United States global strategy to empower, prevent, and respond to discrimination and violence against people of African descent. The strategy shall be transmitted to the appropriate congressional committees and, if practicable, made available to the public. (b) Collaboration and coordination In developing the strategy under subsection (a), the Director and Special Advisor to the Secretary on Global African Descent Affairs shall consult with— (1) the heads of relevant Federal agencies; and (2) representatives of civil society, multilateral, and private sector organizations. 9. Sunset This Act and the amendments made by this Act shall terminate on October 1, 2026.	https://www.govinfo.gov/content/pkg/BILLS-113hr5837ih/xml/BILLS-113hr5837ih.xml
113-hr-5838	I 113th CONGRESS 2d Session H. R. 5838 IN THE HOUSE OF REPRESENTATIVES December 10, 2014 Ms. Jackson Lee (for herself, Mr. Johnson of Georgia , Mr. Danny K. Davis of Illinois , Mr. Thompson of Mississippi , Mr. Cohen , and Mr. Nadler ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To require non-Federal prisons and detention facilities holding Federal prisoners under a contract with the Federal Government to make available to the public the same information pertaining to facility operations and to prisoners held in such facilities that Federal prisons and detention facilities are required to make available. 1. Short title This Act may be cited as the Private Prison Information Act of 2014 . 2. Freedom of Information Act applicable for contract prisons (a) In General Records relating to the operation of a Contract Facility, and to prisoners held in Contract Facilities, that are in the possession of an applicable entity shall be subject to section 552 of title 5, United States Code (popularly known as the Freedom of Information Act), in the same manner as records maintained by a Federal agency operating a Federal prison or other Federal detention facility would be subject to such section of title 5, including— (1) the duty to release information about the operation of the non-Federal prison or detention facility; and (2) the applicability of the exceptions and exemptions available under such section. (b) Regulations A Federal agency that contracts with, or provides funds to, an applicable entity to incarcerate or detain Federal prisoners in a non-Federal prison or detention facility shall promulgate regulations or guidance to ensure compliance by the applicable entity with subsection (a) . (c) No Federal funds for compliance No Federal funds may be used to assist applicable entities with compliance with this section or section 552 of title 5, United States Code. (d) Civil Action Any party aggrieved by a violation of section 552 of title 5, United States Code, by an applicable entity, as such section is applicable to such an entity in accordance with subsection (a) , may, in a civil action, obtain appropriate relief, including an award under subsection (a)(4)(E) of section 552 of such title 5, against the applicable entity for the violation. (e) Definitions In this section: (1) Applicable entity The term applicable entity means— (A) a nongovernmental entity that directly or indirectly contracts with or receives funds from the Federal Government to incarcerate or detain Federal prisoners in a Contract Facility; or (B) a State or local governmental entity with a contract or intergovernmental service agreement with the Federal Government to incarcerate or detain Federal prisoners in a Contract Facility. (2) Contract Facility The term Contract Facility means a prison or other correctional or detention facility that is— (A) owned or operated by a nongovernmental entity, a State, or a local government; and (B) incarcerates or detains Federal prisoners pursuant to a contract or intergovernmental agreement to which any Federal agency is a party. (3) Federal prisoner The term Federal prisoner means any person incarcerated, detained, or otherwise held under the custody, authority, or jurisdiction of any Federal agency or department.	https://www.govinfo.gov/content/pkg/BILLS-113hr5838ih/xml/BILLS-113hr5838ih.xml
113-hr-5839	I 113th CONGRESS 2d Session H. R. 5839 IN THE HOUSE OF REPRESENTATIVES December 10, 2014 Mr. Israel 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 Federal Grow Your Own Teacher program, and for other purposes. 1. Short title This Act may be cited as the Grow Your Own Teacher Act . 2. Grow Your Own Teacher program 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: E Grow Your Own Teacher Program 2501. Grow Your Own Teacher program (a) In general From amounts made available to carry out this part, the Secretary shall carry out a program to make grants, on a competitive basis, to eligible entities, to be used by such entities to train and employ eligible individuals in hard-to-staff schools or hard-to-staff teaching positions in accordance with subsection (c) . (b) Definitions In this section: (1) Eligible entity The term eligible entity means a consortium consisting of— (A) a local educational agency that is eligible to receive funds under part A of title I; and (B) an institution of higher education that offers a program, accredited by the State, for preparing individuals to fulfill all the requirements for receiving a teaching certificate in the State of the local educational agency described in subparagraph (A). (2) Eligible individual The term eligible individual means an individual— (A) who— (i) received a high school diploma from a local educational agency described in paragraph (1)(A) ; and (ii) is enrolled in a program to receive a teaching certificate in the State of the local educational agency at an institution of higher education described in paragraph (1)(B) ; and (B) is— (i) a high school graduate who graduated not more than 5 years ago; (ii) a parent of a current or former student of the local educational agency who has a history of working to improve the local educational agency; or (iii) an education support professional in the local educational agency who works with students in an instructional role. (3) Veteran teacher The term veteran teacher means a teacher who has taught in a local educational agency described in paragraph (1)(A) for a period of least 15 years. (4) Student loans The term student loans means any loans awarded to an eligible individual under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ). (c) Use of funds (1) In general An eligible entity receiving a grant under this section shall use such grant funds to— (A) conduct a training program for eligible individuals to be teachers, which shall include requiring such individuals to observe and work with a veteran teacher in a classroom for at least one year; (B) employ such individuals in hard-to-staff schools and hard-to-staff teaching positions in the local educational agency of the eligible entity, with priority given to teaching positions in mathematics, science, special education, world languages, and English as a second language; and (C) employ such individuals in a manner that reduces the divergence between the racial diversity of teachers and of students. (2) Other authorized activities An eligible entity receiving a grant under this section may use any grant funds that remain after carrying out paragraph (1) for the following activities: (A) Helping an eligible individual trained under this section to cover the costs of childcare and other indirect expenses that are reasonably required by the individual to participate in the training program. (B) Recruiting and counseling eligible individuals, and individuals who are likely to become eligible individuals in the near future (such as students soon to receive a high school diploma from a local educational agency described in subsection (b)(1)(A)), to participate in the training program. (C) Providing space in the community of the eligible entity to carry out the activities described in subparagraph (B). (D) Offering the training program under this section in community settings and to provide tutoring services to supplement the training. (E) Carrying out any other activities consistent with the purposes of this section, as determined by the Secretary. (d) Student loan forgiveness (1) In general From the amounts made available to carry out this part, the Secretary is authorized to forgive the student loans incurred by an eligible individual who has completed a training program under this section and has been employed as a teacher in a hard-to-staff school or hard-to-staff teaching position, in an amount not to exceed the total amount of students loans incurred by the individual for participating in the program. (2) Amount of loan forgiveness The Secretary may forgive— (A) in the case of an eligible individual who has been employed in a hard-to-staff school or hard-to-staff teaching position for at least 5 years, the total amount of the student loans incurred by the student for participating in a training program under this section; or (B) in the case of an eligible individual who has been employed in a hard-to-staff school or hard-to-staff teaching position for less than 5 years, an amount that is less than the total amount of the student loans incurred by the student for participating in a training program under this section. (e) Regulations The Secretary is authorized to promulgate any regulations as may be necessary to carry out this section. (f) Rule of Construction Nothing in this section shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded school or local educational agency employees under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employees and their employers. (g) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary. .	https://www.govinfo.gov/content/pkg/BILLS-113hr5839ih/xml/BILLS-113hr5839ih.xml
113-hr-5840	I 113th CONGRESS 2d Session H. R. 5840 IN THE HOUSE OF REPRESENTATIVES December 10, 2014 Mr. Israel (for himself, Mr. Rangel , and Mrs. Capps ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to authorize the Secretary of Health and Human Services to make grants to eligible entities to train elementary and secondary school nurses on how to respond to a biological or chemical attack or an outbreak of pandemic influenza in a school building or on school grounds. 1. Short title This Act may be cited as the School Protection Act of 2014 . 2. Establishment of a program Title VIII of the Public Health Service Act ( 42 U.S.C. 296 et seq. ) is amended by adding at the end the following: J TRAINING NURSES FOR RESPONDING TO BIOTERRORISM AND PANDEMIC INFLUENZA 875. GRANTS FOR RESPONDING TO BIOTERRORISM AND PANDEMIC INFLUENZA (a) Grant program The Secretary may award grants to and enter into contracts with eligible entities to train school nurses to serve as first responders and crisis managers in the event of— (1) a biological or chemical attack, including a terrorist attack, affecting individuals in a school building or on school grounds; or (2) an outbreak of pandemic influenza among students, faculty, or other individuals under their care. (b) Required elements of training Any training which is funded, in whole or in part, under this section shall prepare school nurses— (1) to take such measures as may be necessary, particularly in the critical early stages of an attack or outbreak described in subsection (a), to protect and preserve life; (2) as part of crisis management, to notify such public health authorities as may be appropriate to help contain or mitigate the effects of an attack or outbreak described in subsection (a); and (3) to take such other actions as may be appropriate and feasible, such as, in the case of a biological or chemical attack, the preservation of evidence. (c) Definitions For purposes of this section: (1) Eligible entities The term eligible entities shall have the same meaning as is given such term in section 801, and includes— (A) a State educational agency (as defined in section 9101(41) of the Elementary and Secondary Education Act of 1965); and (B) a local educational agency (as defined in section 9101(26) of the Elementary and Secondary Education Act of 1965). (2) School The term school means— (A) an elementary school (as defined in section 9101(18) of the Elementary and Secondary Education Act of 1965); and (B) a secondary school (as defined in section 9101(38) of the Elementary and Secondary Education Act of 1965). (3) School grounds The term school grounds means the area outside of a school building that is controlled, managed, or owned by the school or school district. (d) Authorization of appropriations For the purpose of carrying out this section, there is authorized to be appropriated $20,000,000 for each fiscal year after fiscal year 2015. .	https://www.govinfo.gov/content/pkg/BILLS-113hr5840ih/xml/BILLS-113hr5840ih.xml
113-hr-5841	I 113th CONGRESS 2d Session H. R. 5841 IN THE HOUSE OF REPRESENTATIVES December 10, 2014 Mr. Israel introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To establish a grant program to provide States with funds to detect fraud, waste, and abuse in the State Medicaid programs under title XIX of the Social Security Act and to recover improper payments resulting from such fraud, waste, and abuse. 1. Short title This Act may be cited as the Local Medicaid Enforcement Incentives Act of 2014 . 2. Grant program to provide States with funds to detect Medicaid fraud, waste, and abuse and recover certain improper payments (a) In general The Secretary of Health and Human Services shall establish a program to award grants, subject to subsection (c), to States to establish or expand a program described in subsection (b). (b) Medicaid fraud control program For purposes of subsection (a), a program described in this subsection is a program that— (1) is administered by a State official with responsibility for controlling provider fraud and abuse under the State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.); (2) detects and prevents fraud, waste, and abuse with respect to payments made under such State plan or under any waiver of such plan approved under section 1115 of the Social Security Act ( 42 U.S.C. 1315 ); (3) identifies and recovers overpayments to individuals or entities receiving funds under such State plan or waiver resulting from such fraud, waste, or abuse; and (4) shares with localities within the State that assist in the detection and prevention under paragraph (2) or the identification and recovery under paragraph (3) at least 50 percent of the State’s share of the total amount of such funds so recovered during a period as overpayments under paragraph (3) minus any amount expended during such period on administrative costs to carry out the program. (c) Funding (1) Authorization of appropriations To carry out this section, there is authorized to be appropriated to the Secretary of Health and Human Services $100,000,000 to remain available until expended. (2) Limitation Not more than 5 percent of the amount appropriated pursuant to paragraph (1) may be awarded to any State. (d) State defined For purposes of this section, the term State has the meaning given such term for purposes of title XIX of the Social Security Act (42 U.S.C. 1396 et seq.).	https://www.govinfo.gov/content/pkg/BILLS-113hr5841ih/xml/BILLS-113hr5841ih.xml
113-hr-5842	I 113th CONGRESS 2d Session H. R. 5842 IN THE HOUSE OF REPRESENTATIVES December 10, 2014 Mr. Israel introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To direct the Secretary of Labor to establish a competitive grant program for community colleges to train veterans for local jobs. 1. Short title This Act may be cited as the Revamping the Education of our Veterans to Align Manufacturing through Partnerships with Community Colleges Act of 2014 or REVAMP with Community Colleges Act of 2014 . 2. Findings Congress finds the following: (1) In October 2014, the unemployment rate for veterans who had returned from Iraq and Afghanistan was 7.2 percent, a rate above the national average. Unemployment among returning female veterans was even higher, and also was above the national average. (2) Such veterans have benefits to use under chapter 33 of title 38, United States Code. (3) Manufacturing companies have approximately 285,000 vacancies they are struggling to fill. 3. Grant program to train veterans for local jobs (a) In general The Secretary, in consultation with the Secretary of Veterans Affairs, shall establish a program to award competitive grants to eligible community colleges (as described in subsection (b)) to train covered veterans for jobs in the local community. (b) Eligibility In order to be eligible to receive a grant under this section, a community college shall submit an application to the Secretary that demonstrates, to the satisfaction of the Secretary, that the local community in which the community college is located has— (1) employment opportunities that require trained workers; and (2) a significant population of covered veterans that might pursue the employment opportunities described in paragraph (1) if given access to necessary training. (c) Use of funds A community college receiving a grant under this section shall use amounts under the grant to— (1) conduct an analysis of— (A) the demand for additional trained employees among local employers, including local manufacturers; and (B) the skills and training possessed by covered veterans seeking employment with local employers, including local manufacturers; (2) carry out an existing, or develop and implement a new, certificate or degree program at the community college that provides training to covered veterans that addresses the demand for additional trained employees among local employers, including local manufacturers; and (3) facilitate the establishment of an advisory board that consists of representatives from the local business community and the employee from the Department of Veterans Affairs detailed under section 4— (A) to provide assistance regarding the training described in paragraph (2); and (B) to assist covered veterans who have successfully completed the training described in paragraph (2) in their pursuit of local employment opportunities. 4. Detail of Department of Veterans Affairs employee The Secretary of Veterans Affairs shall detail an employee of the Department of Veterans Affairs to participate on the supervisory board established in section 3(c)(3). 5. Grant amount To the maximum extent practicable, the amount of a grant under section 3 shall not exceed $2,000,000. 6. Report Not later than one year after the date of enactment of this Act, the Secretary shall submit to Congress a report— (1) evaluating the success of the program established under section 3; and (2) making recommendations as to whether the program should be continued, and if so, whether the program should be expanded. 7. Definitions In this Act: (1) Community college The term community college has the meaning given the term junior or community college in section 312(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1058(f) ). (2) Covered veteran The term covered veteran means a veteran receiving educational assistance under chapter 33 of title 38, United States Code. (3) Secretary The term Secretary means the Secretary of Labor. 8. Authorization of appropriations (a) In general There is authorized to be appropriated to the Secretary $250,000,000 for fiscal year 2015 to carry out this Act. (b) Availability Amounts appropriated pursuant to the authorization of appropriations under subsection (a) are authorized to remain available until expended.	https://www.govinfo.gov/content/pkg/BILLS-113hr5842ih/xml/BILLS-113hr5842ih.xml
113-hr-5843	I 113th CONGRESS 2d Session H. R. 5843 IN THE HOUSE OF REPRESENTATIVES December 10, 2014 Mr. Langevin (for himself, Ms. Clark of Massachusetts , and Ms. Shea-Porter ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Fair Credit Reporting Act to create protected credit reports for minors and protect the credit of minors, and for other purposes. 1. Protections for credit reports of minors (a) In general The Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq. ) is amended by inserting after section 605B the following new section: 605C. Additional protections for credit reports of minor consumers (a) In general A consumer reporting agency described in section 603(p) shall, upon request by a covered guardian of a minor consumer, create a blocked file for the minor consumer or convert a file of the minor consumer already in existence to a blocked file. (b) Requirements The Bureau, by rule, shall establish procedures— (1) for a consumer reporting agency described in section 603(p) to properly identify the covered guardian and the minor consumer prior to creating, converting, or unblocking a blocked file for such minor consumer; (2) for such a consumer reporting agency to create a blocked file for a minor consumer or to convert a file of a minor consumer already in existence to a blocked file; and (3) consistent with subsection (c), for a covered guardian to unblock a file. (c) Unblocking a file (1) In general A consumer reporting agency described in section 603(p) shall unblock a blocked file upon request by a covered guardian or on the date of the 18th birthday of the minor consumer. (2) Alert statement An alert statement shall be included in a file unblocked pursuant to paragraph (1) if the minor consumer was a victim of fraud or identity theft before the date of the 18th birthday of the minor consumer as follows: (A) For a file unblocked upon request by a covered guardian, for a period of time beginning on the date such file is unblocked and ending on the date that is 1 year after the date of the 18th birthday of the minor consumer. (B) For a file unblocked on the date of the 18th birthday of the minor consumer, for a period of 1 year after such date. (3) Duty of reseller With respect to information concerning a consumer whose file contains an alert statement, a reseller shall include such alert statement when furnishing such information. (d) Fees (1) In general The Bureau shall determine if a fee may be charged, and the amount of the fee charged, by a consumer reporting agency described in section 603(p) to create, convert, or unblock a file. (2) Fees prohibited A consumer reporting agency described in section 603(p) may not charge a fee to a minor consumer who was a victim of fraud or identity theft prior to the date of the minor’s 18th birthday, to create, convert, or unblock a file. (e) Exceptions No provision of this section shall be construed as requiring a consumer reporting agency described in section 603(p) to prevent a Federal, State, or local law enforcement agency from accessing a blocked file. (f) Definitions In this section the following definitions shall apply: (1) Alert statement The term alert statement means a statement that— (A) notifies all prospective users of a consumer report relating to the consumer that the consumer may be a victim of fraud, including identity theft; and (B) is presented in a manner that facilitates a clear and conspicuous view of the statement described in subparagraph (A) by any person requesting such consumer report. (2) Blocked file The term blocked file means a file of a minor consumer in which, pursuant to this section, a consumer reporting agency— (A) maintains a file with the name, social security number, date of birth, and, if applicable, any credit information of the minor consumer; (B) may not provide any person with a consumer report of the minor consumer; and (C) blocks the input of any information into the file, except with permission from a covered guardian of the minor consumer. (3) Covered guardian The term covered guardian means— (A) the legal guardian of a minor child; (B) the custodian of a minor child; or (C) in the case of a child in foster care, the State agency or Indian tribe or tribal organization responsible for the child’s foster care. (4) Minor consumer The term minor consumer means an consumer who has not attained 18 years of age. . (b) Table of contents amendment The table of contents of the Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq. ) is amended by inserting after the item related to section 605B the following new item: 605C. Additional protections for credit reports of minor consumers. .	https://www.govinfo.gov/content/pkg/BILLS-113hr5843ih/xml/BILLS-113hr5843ih.xml
113-hr-5844	I 113th CONGRESS 2d Session H. R. 5844 IN THE HOUSE OF REPRESENTATIVES December 10, 2014 Mr. Pocan (for himself and Ms. Schakowsky ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To ban hydraulic fracturing on land owned by the United States and leased to a third party, and for other purposes. 1. Short title This Act may be cited as the Protect Our Public Lands Act . 2. Prohibiting hydraulic fracturing under Federal leases The Mineral Leasing Act is amended by inserting after section 37 ( 30 U.S.C. 193 ) the following: 38. No hydraulic fracturing on leased land (a) In general Any lease issued, renewed, or readjusted under this Act shall prohibit the lessee from conducting any activity under the lease for the purpose of hydraulic fracturing. (b) Definition of hydraulic fracturing In this section, the term hydrauling fracturing means an operation conducted in an individual wellbore designed to increase the flow of hydrocarbons from a rock formation to the wellbore through modifying the permeability of reservoir rock by fracturing it, except that such term does not include enhanced secondary recovery, including water flooding, tertiary recovery, and other types of well stimulation operations. . 3. Application The amendment made by section 2 shall not apply to a lease in effect on the date of the enactment of this Act until the renewal or adjustment of the lease.	https://www.govinfo.gov/content/pkg/BILLS-113hr5844ih/xml/BILLS-113hr5844ih.xml
113-hr-5845	I 113th CONGRESS 2d Session H. R. 5845 IN THE HOUSE OF REPRESENTATIVES December 10, 2014 Mr. Sensenbrenner (for himself, Mr. Scott of Virginia , Mr. Ryan of Ohio , Ms. Bass , Mr. Marino , and Mr. Joyce ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committees on Energy and Commerce and Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To authorize the Attorney General to award grants to address the national epidemics of prescription opioid abuse and heroin use. 1. Short title; table of contents (a) Short title This Act may be cited as the Comprehensive Addiction and Recovery Act of 2014 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Title I—PREVENTION AND EDUCATION Sec. 101. Development of best prescribing practices. Sec. 102. National education campaign. Sec. 103. Community-based coalition enhancement grants to address local drug crises. Title II—LAW ENFORCEMENT AND TREATMENT Sec. 201. Treatment alternative to incarceration programs. Sec. 202. Law enforcement naloxone training and implementation pilot. Sec. 203. Prescription drug take back expansion. Title III—TREATMENT AND RECOVERY Sec. 301. Evidence-based opioid and heroin treatment and interventions demonstration. Sec. 302. Criminal justice medication assisted treatment and interventions demonstration. Sec. 303. National youth recovery initiative. Sec. 304. Building communities of recovery. Title IV—ADDRESSING COLLATERAL CONSEQUENCES Sec. 401. Correctional education demonstration grant program. Sec. 402. Revision of FAFSA form. Sec. 403. National task force on recovery and collateral consequences. Title V—ADDICTION AND TREATMENT SERVICES FOR WOMEN, FAMILIES, AND VETERANS Sec. 501. Authority to award competitive grants to address opioid and heroin abuse by pregnant and parenting female offenders. Sec. 502. Grants for family-based substance abuse treatment. Sec. 503. Veterans’ treatment courts. Title VI—INCENTIVIZING STATE COMPREHENSIVE INITIATIVES TO ADDRESS OPIOID AND HEROIN ABUSE Sec. 601. State demonstration grants for comprehensive opioid abuse response. Title VII—OFFSET Sec. 701. Offset. 2. Findings Congress finds the following: (1) The abuse of heroin and prescription painkillers is having a devastating effect on public health and safety in communities across the United States. According to the Centers for Disease Control and Prevention, drug overdose deaths now surpass traffic crashes in the number of deaths caused by injury in the United States. In 2011, an average of about 110 people in the United States died from drug overdose every day. (2) Law enforcement officials and treatment experts throughout the country report that many prescription opioid users have turned to heroin as a cheaper or more easily obtained alternative to prescription drugs. (3) Opioid pain relievers are the most widely misused or abused controlled prescription drugs (commonly referred to as CPDs ) and are involved in most CPD-related overdose incidents. According to the Drug Abuse Warning Network (commonly known as DAWN ), the estimated number of emergency department visits involving nonmedical use of prescription opiates or opioids increased by 112 percent, from 84,671 to 179,787, between 2006 and 2010. (4) According to a report by the National Association of State Alcohol and Drug Abuse Directors (commonly referred to as NASADAD ), 37 States reported an increase in admissions to treatment for heroin use during the past 2 years, while admissions to treatment for prescription opiates increased 500 percent from 2000 to 2012. (5) Addiction is a treatable disease. Discoveries in the science of addiction have led to advances in the treatment of substance use disorders that help people stop abusing drugs and prescription medications and resume their productive lives. (6) According to the Office of National Drug Control Policy (commonly referred to as ONDCP ), approximately 22,700,000 people in the United States needed substance use disorder treatment in 2013, but only 2,500,000 people received it. (7) Effective substance abuse prevention can yield major economic dividends. Every dollar invested in prevention can lead to savings between $2 and $20. (8) According to the National Institute on Drug Abuse, when schools and communities properly implement science-validated substance abuse prevention programs, alcohol, tobacco, and illicit drug abuse are reduced. Such programs help teachers, parents, and health care professionals shape the perceptions of youths about the risks of drug abuse. (9) Diverting individuals with substance use disorders from criminal justice systems into community-based treatment can save billions of dollars and prevent sizeable numbers of crimes, arrests, and re-incarcerations over the course of those individuals’ lives. (10) According to the Drug Enforcement Agency, more than 1,700 tons of expired, unwanted prescription medications have been collected over the past 3 1/2 years, following the enactment of the Secure and Responsible Drug Disposal Act of 2010 (Public Law 111–273; 124 Stat. 2858). (11) Research shows that combining treatment medications with behavioral therapy is the best way to ensure success for most patients. Treatment approaches must be tailored to address the drug abuse patterns and drug-related medical, psychiatric, and social problems of each individual. Different types of medications may be useful at different stages of treatment to help a patient stop abusing drugs, stay in treatment, and avoid relapse. (12) Research indicates that combating the epidemic of opioid abuse, including abuse of prescription painkillers and, increasingly, heroin, requires a multi-pronged approach that involves reducing drug diversion, expanding delivery of existing treatments (including medication-assisted treatments), expanding access to overdose medications and interventions, and the development of new medications for pain that can augment the existing treatment arsenal. 3. Definitions In this Act— (1) the term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ); (2) the term medication-assisted treatment means the use, for problems relating to heroin and other opioids, of medications approved by the Food and Drug Administration in combination with counseling and behavioral therapies; (3) the term ONDCP Recovery Branch means the Recovery Branch of the Office of National Drug Control Policy; (4) the term opioid means any drug having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having such addiction-forming or addiction-sustaining liability; (5) the term Single State Authority for Substance Abuse has the meaning given the term in section 201(e) of the Second Chance Act of 2007 (42 U.S.C. 17521(e)); and (6) the term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. I PREVENTION AND EDUCATION 101. Development of best prescribing practices (a) Interagency task force Not later than 120 days after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the Secretary ), in cooperation with the Secretary of Veterans Affairs, the Secretary of Defense, and the Administrator of the Drug Enforcement Administration, shall convene a Pain Management Best Practices Interagency Task Force (referred to in this section as the task force ). (b) Membership The task force shall be comprised of— (1) representatives of— (A) the Department of Health and Human Services; (B) the Department of Veterans Affairs; (C) the Department of Defense; (D) the Drug Enforcement Administration; (E) the Centers for Disease Control and Prevention; (F) the Institute of Medicine; and (G) the Office of National Drug Control Policy; (2) the Director of the National Institutes of Health; (3) physicians, dentists, and nonphysician prescribers; (4) pharmacists; (5) experts in the fields of pain research and addiction research; (6) representatives of— (A) pain management professional organizations; (B) the mental health treatment community; (C) the addiction treatment community; (D) pain advocacy groups; and (E) groups with expertise around overdose reversal; and (7) other stakeholders, as the Secretary determines appropriate. (c) Duties The task force shall— (1) not later than 180 days after the date on which the task force is convened under subsection (a), develop best practices for pain management and prescribing pain medication, taking into consideration— (A) existing pain management research; (B) recommendations from relevant conferences; and (C) ongoing efforts at the State and local levels and by medical professional organizations to develop improved pain management strategies; (2) solicit and take into consideration public comment on the practices developed under paragraph (1), amending such best practices if appropriate; and (3) develop a strategy for disseminating information about the best practices developed under paragraphs (1) and (2) to prescribers, pharmacists, State medical boards, and other parties, as the Secretary determines appropriate. (d) Limitation The task force shall not have rulemaking authority. (e) Report Not later than 270 days after the date on which the task force is convened under subsection (a), the task force shall submit to Congress a report that includes— (1) the strategy for disseminating best practices developed under subsection (c); (2) the results of a feasibility study on linking best practices developed under subsection (c) to receiving and renewing registrations under section 303(f) of the Controlled Substances Act ( 21 U.S.C. 823(f) ); and (3) recommendations on how to apply best practices developed under subsection (c) to improve prescribing practices at medical facilities, including medical facilities of the Veterans Health Administration. 102. National education campaign (a) Definition In this section, the term eligible entity means a State, unit of local government, or nonprofit organization. (b) Program authorized Section 1177 of chapter 16 of Drug Abuse Prevention, Treatment and Rehabilitation (21 U.S.C. chapter 16 subchapter IV) is amended— (1) by adding subsection 1177b and inserting the following: The Attorney General, in coordination with the Secretary of Health and Human Services, the Director of the Office of National Drug Control Policy, the Secretary of Education, the Administrator of the Substance Abuse and Mental Health Services Administration, and the Director of the Centers for Disease Control and Prevention, may make grants to eligible entities to expand educational efforts to prevent abuse of opioids, heroin, and other substances of abuse, understand addiction as a chronic disease, and promote treatment and recovery, including— (1) parent and caretaker-focused prevention efforts, including— (A) the development of research-based community education online and social media materials with an accompanying toolkit that can be disseminated to communities to educate parents and other caretakers of teens on— (i) how to educate teens about opioid and heroin abuse; (ii) how to intervene if a parent thinks or knows their teen is abusing opioids or heroin; (iii) signs of opioid or heroin overdose; and (iv) the use of naloxone to prevent death from opioid or heroin overdose; (B) the development of detailed digital and print educational materials to accompany the online and social media materials and toolkit described in subparagraph (A); (C) the development and dissemination of public service announcements to— (i) raise awareness of heroin and opioid abuse among parents and other caretakers; (ii) motivate parents and other caretakers to visit online educational materials on heroin and opioid abuse; and (iii) provide information for public health agencies and nonprofit organizations that provide overdose reversal and prevention services and community referrals; and (D) the dissemination of educational materials to the media through— (i) a town hall or panel discussion with experts; (ii) a press release; (iii) an online news release; (iv) a media tour; and (v) sharable infographics; (2) prevention efforts focused on teenagers, college students, and college-age individuals, including— (A) the development of a national digital campaign; and (B) the development of a community education toolkit for use by community coalitions; (3) campaigns to inform individuals about available resources to aid in recovery from substance use disorder; (4) encouragement of individuals in or seeking recovery from substance use disorder to enter the health care system; or (5) adult-focused awareness efforts, including efforts focused on older adults, relating to prescription medication disposal, opioid and heroin abuse, signs of overdose, and the use of naloxone for reversal. (c) Application (1) In general An eligible entity desiring a grant under this section shall submit an application to the Attorney General— (A) that meets the criteria under paragraph (2); and (B) at such time, in such manner, and accompanied by such information as the Attorney General may require. (2) Criteria An eligible entity, in submitting an application under paragraph (1), shall— (A) describe the evidence-based methodology and outcome measurements that will be used to evaluate the program funded with a grant under this section; (B) specifically explain how the measurements described in subparagraph (A) will provide valid measures of the impact of the program described in subparagraph (A); (C) describe how the program described in subparagraph (A) could be broadly replicated if demonstrated to be effective; (D) demonstrate that all planned services will be research-informed, which may include evidence-based practices documented in— (i) the report of the Institute of Medicine entitled Preventing Mental, Emotional, and Behavioral Disorders Among Young People ; or (ii) the National Registry of Effective Programs and Practices (commonly referred to as NREPP of the Substance Abuse and Mental Health Administration); and (E) demonstrate that the eligible entity will effectively integrate and sustain the program described in subparagraph (A) into curriculum or community outreach efforts. (d) Use of funds A grantee shall use a grant received under this section for expenses of educational efforts to— (1) prevent abuse of opioids, heroin, alcohol, and other drugs; or (2) promote treatment and recovery. (e) Duration The Attorney General shall award grants under this section for a period not to exceed 2 years. (f) Information sharing The Office of the Attorney General, in coordination with the Substance Abuse and Mental Health Services Administration and the Department of Education, shall review existing evidence-based programs and emerging practices and programs and provide information to schools and communities about such programs and practices. (g) Authorization of appropriations There are authorized to be appropriated to carry out this section $2,500,000 for each of fiscal years 2016 through 2020. . 103. Community-based coalition enhancement grants to address local drug crises (a) Definitions In this section— (1) the term Drug-Free Communities Act of 1997 means chapter 2 of subtitle A of title I of the Anti-Drug Abuse Act of 1988 (21 U.S.C. 1521 et seq.); (2) the term eligible entity means an organization that— (A) on or before the date of submitting an application for a grant under this section, receives or has received a grant under the Drug-Free Communities Act of 1997; and (B) has documented, using local data, rates of abuse of opioids at levels that are— (i) significantly higher than the national average as determined by the Attorney General (including appropriate consideration of the Monitoring the Future Survey published by the National Institute on Drug Abuse and the National Survey on Drug Use and Health by the Substance Abuse and Mental Health Service Administration); or (ii) higher than the national average, as determined by the Attorney General (including appropriate consideration of the surveys described in clause (i)), over a sustained period of time; and (3) the term local drug crisis means, with respect to the area served by an eligible entity— (A) a sudden increase in the abuse of prescription medications, specifically opioids, as documented by local data; or (B) the abuse of prescription medications, specifically opioids, that is significantly higher than the national average, over a sustained period of time, as documented by local data. (b) Program authorized Section 1535 of chapter 20 of the National Drug Control Program (21 U.S.C. chapter 20 subchapter II) is amended— (1) by adding subsection 1536 and inserting the following: The Attorney General, in coordination with the Director of the Office of National Drug Control Policy, may make grants to eligible entities to implement comprehensive community-wide strategies that address local drug crises within the area served by the eligible entity. . (c) Application (1) In general An eligible entity desiring a grant under this section shall submit an application to the Attorney General at such time, in such manner, and accompanied by such information as the Attorney General may require. (2) Criteria As part of an application for a grant under this section, the Attorney General shall require an eligible entity to submit a detailed, comprehensive, multisector plan for addressing the local drug crisis within the area served by the eligible entity. (d) Use of funds An eligible entity shall use a grant received under this section— (1) for programs designed to implement comprehensive communitywide prevention strategies to address local drug crisis in the area served by the eligible entity, in accordance with the plan submitted under subsection (c)(2); and (2) to obtain specialized training and technical assistance from the organization funded under section 4 of Public Law 107–82 ( 21 U.S.C. 1521 note). (e) Grant amounts and duration (1) Amounts The Attorney General may not award a grant under this section for a fiscal year in an amount that exceeds— (A) the amount of non-Federal funds raised by the eligible entity, including in-kind contributions, for that fiscal year; or (B) $75,000. (2) Duration The Attorney General shall award grants under this section for a period not to exceed 4 years. (f) Supplement not supplant An eligible entity shall use Federal funds received under this section only to supplement the funds that would, in the absence of those Federal funds, be made available from other Federal and non-Federal sources for the activities described in this section, and not to supplant those funds. (g) Evaluation A grant under this section shall be subject to the same evaluation requirements and procedures as the evaluation requirements and procedures imposed on the recipient of a grant under the Drug-Free Communities Act of 1997. (h) Limitation on administrative expenses Not more than 8 percent of the amounts made available pursuant to subsection (i) for a fiscal year may be used by the Attorney General to pay for administrative expenses. (i) Authorization of appropriations There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2016 through 2020. II LAW ENFORCEMENT AND TREATMENT 201. Treatment alternative to incarceration programs (a) Program authorized Strike 3797(q), Drug Treatment Alternatives to Prison (42 U.S.C. chapter 46), and insert: (b) Definitions In this section— (1) the term eligible entity means a State, unit of local government, Indian tribe, or nonprofit organization; and (2) the term eligible participant means an individual who— (A) comes into contact with the criminal justice system or is charged with an offense; (B) has a history of or a current— (i) substance use disorder; (ii) mental illness; or (iii) co-occurring mental illness and substance use disorders; and (C) has been approved for participation in a program funded under this section by, as applicable depending on the stage of the criminal justice process, the relevant law enforcement agency or defense attorney, probation or corrections official, judge, or representative from the relevant mental health or substance abuse agency. (c) Program authorized The Attorney General may make grants to eligible entities to develop, implement, or expand a treatment alternative to incarceration program for eligible participants, including— (1) pre-booking treatment alternative to incarceration programs, including— (A) law enforcement training on substance use disorders, mental illness, and co-occurring mental illness and substance use disorders; (B) receiving centers as alternatives to incarceration of eligible participants; (C) specialized response units for calls related to substance use disorders, mental illness, and co-occurring mental illness and substance use disorders; and (D) other arrest and prebooking treatment alternative to incarceration models; and (2) postbooking treatment alternative to incarceration programs, including— (A) specialized clinical case management; (B) pretrial services related to substances use disorders, mental illness, and co-occurring mental illness and substance use disorders; (C) prosecutor- and defender-based programs; (D) specialized probation; (E) treatment and rehabilitation programs; and (F) drug courts, DWI courts, and veterans treatment courts. (d) Application (1) In general An eligible entity desiring a grant under this section shall submit an application to the Attorney General— (A) that meets the criteria under paragraph (2); and (B) at such time, in such manner, and accompanied by such information as the Attorney General may require. (2) Criteria An eligible entity, in submitting an application under paragraph (1), shall— (A) provide extensive evidence of collaboration with State and local government agencies overseeing health, community corrections, courts, prosecution, substance abuse, mental health, victims services, and employment services, and with local law enforcement agencies; (B) demonstrate consultation with the Single State Authority for Substance Abuse; (C) demonstrate that evidence-based treatment practices will be utilized; and (D) demonstrate that evidenced-based screening and assessment tools will be utilized to place participants in the treatment alternative to incarceration program. (e) Requirements Each eligible entity awarded a grant for a treatment alternative to incarceration program under this section shall— (1) determine the terms and conditions of participation in the program by eligible participants, taking into consideration the collateral consequences of criminal conviction; (2) ensure that each substance abuse and mental health treatment component is licensed and qualified by the relevant jurisdiction; (3) for programs described in subsection (b)(2), organize an enforcement unit comprised of appropriately trained law enforcement professionals under the supervision of the State, tribal, or local criminal justice agency involved, the duties of which shall include— (A) the verification of addresses and other contacts of each eligible participant who participates or desires to participate in the program; and (B) if necessary, the location, apprehension, arrest, and return to court of an eligible participant in the program who has absconded from the facility of a treatment provider or has otherwise violated the terms and conditions of the program, consistent with Federal and State confidentiality requirements; (4) notify the relevant criminal justice entity if any eligible participant in the program absconds from the facility of the treatment provider or otherwise violates the terms and conditions of the program, consistent with Federal and State confidentiality requirements; (5) submit periodic reports on the progress of treatment or other measured outcomes from participation in the program of each eligible offender participating in the program to the relevant State, tribal, or local criminal justice agency; (6) describe the evidence-based methodology and outcome measurements that will be used to evaluate the program, and specifically explain how such measurements will provide valid measures of the impact of the program; and (7) describe how the program could be broadly replicated if demonstrated to be effective. (f) Use of funds An eligible entity shall use a grant received under this section for expenses of a treatment alternative to incarceration program, including— (1) salaries, personnel costs, equipment costs, and other costs directly related to the operation of the program, including the enforcement unit; (2) payments for treatment providers that are approved by the relevant State or tribal jurisdiction and licensed, if necessary, to provide needed treatment to eligible offenders participating in the program, including aftercare supervision, vocational training, education, and job placement; and (3) payments to public and nonprofit private entities that are approved by the State or tribal jurisdiction and licensed, if necessary, to provide alcohol and drug addiction treatment to eligible offenders participating in the program. (g) Supplement not supplant An eligible entity shall use Federal funds received under this section only to supplement the funds that would, in the absence of those Federal funds, be made available from other Federal and non-Federal sources for the activities described in this section, and not to supplant those funds. (h) Geographic distribution The Attorney General shall ensure that, to the extent practicable, the geographical distribution of grants under this section is equitable and includes a grant to an eligible entity in— (1) each State; (2) rural, suburban, and urban areas; and (3) tribal jurisdictions. (i) Reports and evaluations Each fiscal year, each recipient of a grant under this section during that fiscal year shall submit to the Attorney General a report on the outcomes of activities carried out using that grant in such form, containing such information, and on such dates as the Attorney General shall specify. (j) Authorization of appropriations There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2016 through 2020. 202. Law enforcement naloxone training and implementation pilot (a) Definition In this section, the term eligible entity means a State, local, or tribal law enforcement agency. (b) Program authorized Section 1177 of chapter 16 of Drug Abuse Prevention, Treatment and Rehabilitation (21 U.S.C. chapter 16 subchapter IV) is amended— (1) by adding subsection 1177c and inserting the following: (c) The Attorney General, in coordination with the Secretary of Health and the Attorney General, in coordination with the Secretary of Health and Human Services and the Director of the Office of National Drug Control Policy, may make grants to eligible entities to create a pilot law enforcement program to prevent opioid and heroin overdose death. (d) Application (1) In general An eligible entity desiring a grant under this section shall submit an application to the Attorney General— (A) that meets the criteria under paragraph (2); and (B) at such time, in such manner, and accompanied by such information as the Attorney General may require. (2) Criteria An eligible entity, in submitting an application under paragraph (1), shall— (A) describe the evidence-based methodology and outcome measurements that will be used to evaluate the program funded with a grant under this section, and specifically explain how such measurements will provide valid measures of the impact of the program; (B) describe how the program could be broadly replicated if demonstrated to be effective; (C) identify the governmental and community agencies that the program will coordinate; and (D) describe how law enforcement agencies will coordinate with their corresponding State substance abuse agency to identify protocols and resources that are available to victims and families, including information on treatment and recovery resources. (e) Use of funds An eligible entity shall use a grant received under this section to— (1) make naloxone available to be carried and administered by law enforcement officers; (2) train and provide resources for law enforcement officers on carrying and administering naloxone for the prevention of opioid and heroin overdose death; and (3) establish processes, protocols, and mechanisms for referral to treatment. (f) Grant amounts and duration (1) Maximum amount The Attorney General may not award a grant under this section in an amount that exceeds $500,000. (2) Duration The Attorney General shall award grants under this section for a period not to exceed 2 years. (g) Technical assistance grants The Attorney General shall make a grant for the purpose of providing technical assistance and training on the use of naloxone to reverse overdose deaths and mechanisms for referral to treatment for an eligible entity receiving a grant under this section. (h) Evaluation The Attorney General shall conduct an evaluation of grants made under this section to determine— (1) the number of officers equipped with naloxone for the prevention of fatal opioid and heroin overdose; (2) the number of opioid and heroin overdoses reversed by officers receiving training and supplies of naloxone through a grant received under this section; (3) the number of calls for service related to opioid and heroin overdose; (4) the extent to which overdose victims and families receive information about treatment services and available data describing treatment admissions; and (5) the research, training, and naloxone supply needs of law enforcement and first responder agencies, including those agencies that are not receiving grants under this section. (i) Authorization of appropriations There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2016 through 2020. . 203. Prescription drug take back expansion (a) Definition In this section, the term eligible entity means a State, local, tribal law enforcement agency, public and private hospitals, pharmacies and other entities approved for prescription drug disposal by the Drug Enforcement Agency. (b) Program authorized Section 1177 of chapter 16 of Drug Abuse Prevention, Treatment and Rehabilitation (21 U.S.C. chapter 16 subchapter IV) is amended— (1) by adding subsection 1177d and inserting the following: (d) The Attorney General, in coordination with the Secretary of Health and the Attorney General, in coordination with the Administrator of the Drug Enforcement Administration, the Secretary of Health and Human Services, and the Director of the Office of National Drug Control Policy, may make grants to eligible entities to expand or make available disposal sites for unwanted prescription medications. . (c) Application (1) In general An eligible entity desiring a grant under this section shall submit an application to the Attorney General— (A) that meets the criteria under paragraph (2); and (B) at such time, in such manner, and accompanied by such information as the Attorney General may require. (2) Criteria An eligible entity, in submitting an application under paragraph (1), shall— (A) describe the evidence-based methodology and outcome measurements that will be used to evaluate the program funded with a grant under this section, and specifically explain how such measurements will provide valid measures of the impact of the program; (B) describe how the program could be broadly replicated if demonstrated to be effective; and (C) identify the governmental and community agencies that the project will be coordinate. (d) Use of funds An eligible entity shall use a grant received under this section for— (1) expenses of a prescription drug disposal site, including materials and resources; (2) implementing disposal procedures and processes; (3) implementing community education strategies, including community education materials and resources; (4) replicating a prescription drug take back initiative throughout multiple jurisdictions; and (5) training of law enforcement officers and other community participants. (e) Grant amounts and duration (1) Maximum amount The Attorney General may not award a grant under this section in an amount that exceeds $250,000. (2) Duration The Attorney General shall award grants under this section for a period not to exceed 2 years. (f) Technical assistance grant The Attorney General shall make a grant to a national nonprofit organization to provide technical assistance and training for an eligible entity receiving a grant under this section. (g) Evaluation (1) In general The Attorney General shall make a grant for evaluation of the performance of each eligible entity receiving a grant under this section. (2) Reports Each fiscal year, the recipient of a grant under this subsection shall submit to the Attorney General a report on the effectiveness of the prescription drug take back program of each eligible entity receiving a grant under this section. (h) Authorization of appropriations There are authorized to be appropriated to carry out this section $2,500,000 for each of fiscal years 2016 through 2020. III TREATMENT AND RECOVERY 301. Evidence-based opioid and heroin treatment and interventions demonstration Subpart 1 of part B of title V of the Public Health Service Act ( 42 U.S.C. 290bb et seq. ) is amended— (1) by redesignating section 514 ( 42 U.S.C. 290bb–9 ), as added by section 3632 of the Methamphetamine Anti-Proliferation Act of 2000 ( Public Law 106–310 ; 114 Stat. 1236), as section 514B; and (2) by adding at the end the following: 514C. Evidence-based opioid and heroin treatment and interventions demonstration (a) Grants (1) Authority to make grants The Director of the Center for Substance Abuse Treatment (referred to in this section as the Director ) may award grants to State substance abuse agencies, units of local government, nonprofit organizations, and Indian tribes or tribal organizations (as defined in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 )) that have a high rate, or have had a rapid increase, in the use of heroin or other opioids, in order to permit such entities to expand activities, including an expansion in the availability of medication assisted treatment, with respect to the treatment of addiction in the specific geographical areas of such entities where there is a rate or rapid increase in the use of heroin or other opioids. (2) Recipients The entities receiving grants under paragraph (1) shall be selected by the Director. (3) Nature of activities The grant funds awarded under paragraph (1) shall be used for activities that are based on reliable scientific evidence of efficacy in the treatment of problems related to heroin or other opioids. (b) Geographic distribution The Director shall ensure that grants awarded under subsection (a) are distributed equitably among the various regions of the Nation and among rural, urban, and suburban areas that are affected by the use of heroin or other opioids. (c) Additional activities The Director shall— (1) evaluate the activities supported by grants awarded under subsection (a); (2) disseminate widely such significant information derived from the evaluation as the Director considers appropriate; (3) provide States, Indian tribes and tribal organizations, and providers with technical assistance in connection with the provision of treatment of problems related to heroin and other opioids; and (4) fund only those applications that specifically support recovery services as a critical component of the grant program. (d) Definition The term medication assisted treatment means the use, for problems relating to heroin and other opioids, of medications approved by the Food and Drug Administration in combination with counseling and behavioral therapies. (e) Authorization of appropriations (1) In general There are authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2016 and such sums as may be necessary for each of fiscal years 2016 through 2020. (2) Use of certain funds Of the funds appropriated to carry out this section in any fiscal year, the lesser of 5 percent of such funds or $1,000,000 shall be available to the Director for purposes of carrying out subsection (c). . 302. Criminal justice medication assisted treatment and interventions demonstration (a) Definitions In this section— (1) the term criminal justice agency means a State, local, or tribal— (A) court; (B) prison; (C) jail; or (D) other agency that performs the administration of criminal justice, including prosecution, pretrial services, and community supervision; and (2) the term eligible entity means a State, unit of local government, or Indian tribe. (b) Program authorized Section 1177 of chapter 16 of Drug Abuse Prevention, Treatment and Rehabilitation (21 U.S.C. chapter 16 subchapter IV) is amended— by adding subsection 1177e and inserting the following: (e) The Attorney General, in coordination with the Secretary of Health and the Attorney General, in coordination with the Secretary of Health and Human Services and the Director of the Office of National Drug Control Policy, may make grants to eligible entities to implement medication-assisted treatment programs through criminal justice agencies. . (c) Application (1) In general An eligible entity desiring a grant under this section shall submit an application to the Attorney General— (A) that meets the criteria under paragraph (2); and (B) at such time, in such manner, and accompanied by such information as the Attorney General may require. (2) Criteria An eligible entity, in submitting an application under paragraph (1), shall— (A) certify that each medication-assisted treatment program funded with a grant under this section has been developed in consultation with the Single State Authority for Substance Abuse; and (B) describe how data will be collected and analyzed to determine the effectiveness of the program described in subparagraph (A). (d) Use of funds An eligible entity shall use a grant received under this section for expenses of— (1) a medication-assisted treatment program, including the expenses of prescribing medications recognized by the Food and Drug Administration for opioid treatment in conjunction with psychological and behavioral therapy; (2) training criminal justice agency personnel and treatment providers on medication-assisted treatment; (3) cross-training personnel providing behavioral health and health services, administration of medicines, and other administrative expenses, including required reports; and (4) the provision of recovery coaches who are responsible for providing mentorship and transition plans to individuals reentering society following incarceration or alternatives to incarceration. (e) Grant amounts and duration (1) Maximum amount The Attorney General may not award a grant under this section in an amount that exceeds $750,000. (2) Duration The Attorney General shall award grants under this section for a period not to exceed 2 years. (f) Technical assistance The Attorney General, in coordination with the Director of the National Institute on Drug Abuse and the Secretary of Health and Human Services, shall provide technical assistance and training for an eligible entity receiving a grant under this section. (g) Reports (1) In general An eligible entity receiving a grant under this subsection shall submit a report to the Attorney General on the outcomes of each grant received under this section for individuals receiving medication-assisted treatment, based on— (A) the recidivism of the individuals; (B) the treatment outcomes of the individuals, including maintaining abstinence from illegal, unauthorized, and unprescribed opioids and heroin; (C) the housing status of the individuals; and (D) the employment status of the individuals. (2) Contents and timing Each report described in paragraph (1) shall be submitted annually in such form, containing such information, and on such dates as the Attorney General shall specify. (h) Authorization of appropriations There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2016 through 2020. 303. National youth recovery initiative (a) Definitions In this section: (1) Eligible entity The term eligible entity means— (A) a high school that has been accredited as a recovery high school by the Association of Recovery High Schools; (B) an accredited high school that is seeking to establish or expand recovery support services; (C) an institution of higher education; (D) a recovery program at a nonprofit collegiate institution; or (E) a nonprofit organization. (2) Institution of higher education The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (3) Recovery program The term recovery program — (A) means a program to help individuals who are recovering from substance use disorders to initiate, stabilize, and maintain healthy and productive lives in the community; and (B) includes peer-to-peer support and communal activities to build recovery skills and supportive social networks. (b) Grants authorized Section 1177 of chapter 16 of Drug Abuse Prevention, Treatment and Rehabilitation (21 U.S.C. chapter 16 subchapter IV) is amended— (1) by adding subsection 1177f and inserting the following: The Attorney General, in coordination with the Secretary of Health and the ONDCP Recovery Branch, in consultation with the Secretary of Education, may award grants to eligible entities to enable the entities to— (1) provide substance use recovery support services to young people in high school and enrolled in institutions of higher education; (2) help build communities of support for young people in recovery through a spectrum of activities such as counseling and healthy and wellness-oriented social activities; and (3) encourage initiatives designed to help young people achieve and sustain recovery from substance use disorders. . (c) Use of funds Grants awarded under subsection (b) may be used for activities to develop, support, and maintain youth recovery support services, including— (1) the development and maintenance of a dedicated physical space for recovery programs; (2) dedicated staff for the provision of recovery programs; (3) healthy and wellness-oriented social activities and community engagement; (4) establishment of recovery high schools; (5) coordination of recovery programs with— (A) substance use disorder treatment programs and systems; (B) primary care providers; (C) the criminal justice system, including the juvenile justice system; (D) employers; (E) housing services; (F) child welfare services; (G) institutions of secondary higher education and institutions of higher education; and (H) other programs or services related to the welfare of an individual in recovery from a substance use disorder; (6) the development of peer-to-peer support programs or services; and (7) additional activities that help youths and young adults to achieve recovery from substance use disorders. (d) Resource center The ONDCP Recovery Branch shall establish a resource center to provide technical support to recipients of grants under this section. (e) Authorization of appropriations There are authorized to be appropriated to carry out this section $3,000,000 for fiscal year 2016 and each of the 5 succeeding fiscal years. 304. Building communities of recovery (a) Definition In this section, the term recovery community organization means an independent nonprofit organization that— (1) mobilizes resources within and outside of the recovery community to increase the prevalence and quality of long-term recovery from substance use disorders; and (2) is wholly or principally governed by people in recovery for substance use disorders who reflect the community served. (b) Grants authorized Section 1177 of chapter 16 of Drug Abuse Prevention, Treatment and Rehabilitation (21 U.S.C. chapter 16 subchapter IV) is amended— (1) by adding subsection 1177g and inserting the following: The Attorney General, in coordination with the Secretary of Health and the ONDCP Recovery Branch, in consultation with the Substance Abuse and Mental Health Services Administration, may award grants to recovery community organizations to enable such organizations to develop, expand, and enhance recovery services. . (c) Maximum grant amount The ONDCP Recovery Branch may not award a grant under this section in an amount that exceeds $200,000. (d) Federal share The Federal share of the costs of a program funded by a grant under this section may not exceed 50 percent. (e) Use of funds Grants awarded under subsection (b)— (1) shall be used to develop, expand, and enhance community and statewide recovery support services; and (2) may be used to— (A) advocate for individuals in recovery from substance use disorders; (B) build connections between recovery networks, between recovery community organizations, and with other recovery support services, including— (i) substance use disorder treatment programs and systems; (ii) primary care providers; (iii) the criminal justice system; (iv) employers; (v) housing services; (vi) child welfare agencies; and (vii) other recovery support services that facilitate recovery from substance use disorders; (C) reduce the stigma associated with substance use disorders; (D) conduct public education and outreach on issues relating to substance use disorders and recovery, including— (i) how to identify the signs of addiction; (ii) the resources that are available for individuals struggling with addiction; (iii) the resources that are available to help support individuals in recovery; and (iv) information on the medical consequences of substance use disorders, including neonatal abstinence syndrome and potential infection with human immunodeficiency virus and viral hepatitis; and (E) carry out other activities that strengthen the network of community support for individuals in recovery. (f) Resource center The ONDCP Recovery Branch shall establish a resource center to provide technical assistance to recipients of grants under this section and to provide information to individuals seeking to support people in recovery from substance use disorders. (g) Authorization of appropriations There are authorized to be appropriated to carry out this section $50,700,000 in fiscal year 2016 and each of the 3 succeeding fiscal years. IV ADDRESSING COLLATERAL CONSEQUENCES 401. Correctional education demonstration grant program Title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3711 et seq. ) is amended— (1) by redesignating part KK as part LL; and (2) by inserting before part LL, as redesignated, the following: KK CORRECTIONAL EDUCATION DEMONSTRATION GRANT PROGRAM 3001. Correctional education demonstration grant program (a) Definition In this section, the term eligible entity means a State, unit of local government, nonprofit organization, or Indian tribe. (b) Grant program authorized The Attorney General may make grants of not more than $750,000 to eligible entities to design, implement, and expand educational programs for offenders in prisons, jails, and juvenile facilities, including to pay for— (1) basic education, secondary level academic education, high school equivalency examination preparation, career technical education, and English as a second language instruction at the basic, secondary, or postsecondary levels, for adult and juvenile populations; (2) screening and assessment of inmates to assess education level, needs, occupational interest or aptitude, risk level, and other needs, and case management services; (3) hiring and training of instructors and aides, reimbursement of noncorrections staff and experts, reimbursement of stipends paid to inmate tutors or aides, and the costs of training inmate tutors and aides; (4) instructional supplies and equipment, including occupational program supplies and equipment to the extent that the supplies and equipment are used for instructional purposes; (5) partnerships and agreements with community colleges, universities, and career technology education program providers, including tuition payments; (6) certification programs providing recognized high school equivalency certificates and industry recognized credentials; and (7) technology solutions to— (A) meet the instructional, assessment, and information needs of correctional populations; and (B) facilitate the continued participation of incarcerated students in community-based education programs after the students are released from incarceration. (c) Application An eligible entity desiring a grant under this section shall submit to the Attorney General an application in such form and manner, at such time, and accompanied by such information as the Attorney General specifies. (d) Priority considerations In awarding grants under this section, the Attorney General shall give priority to applicants that— (1) assess the level of risk and need of inmates, including by— (A) assessing the need for English as a second language instruction; (B) conducting educational assessments; and (C) assessing occupational interests and aptitudes; (2) target educational services to assessed needs, including academic and occupational at the basic, secondary, or postsecondary level; (3) target career technology education programs to— (A) areas of identified occupational demand; and (B) employment opportunities in the communities in which students are reasonably expected to reside postrelease; (4) include a range of appropriate educational opportunities at the basic, secondary, and postsecondary levels; (5) include opportunities for students to attain industry-recognized credentials; (6) include partnership or articulation agreements linking institutional education programs with community-sited programs provided by adult education program providers and accredited institutions of higher education, community colleges, and vocational training institutions; and (7) explicitly include career pathways models offering opportunities for incarcerated students to develop academic skills, in-demand occupational skills and credentials, occupational experience in institutional work programs or work release programs, and linkages with employers in the community, so that incarcerated students have opportunities to embark on careers with strong prospects for both post-release employment and advancement in a career ladder over time. (e) Requirements An eligible entity desiring a grant under this section shall— (1) describe the evidence-based methodology and outcome measurements that will be used to evaluate each program funded with a grant under this section, and specifically explain how such measurements will provide valid measures of the impact of the program; and (2) describe how the program described in paragraph (1) could be broadly replicated if demonstrated to be effective. (f) Control of internet access An entity that receives a grant under this section shall restrict access to the Internet by prisoners, as appropriate, to ensure public safety. 3002. Authorization of appropriations There are authorized to be appropriated $5,000,000 to carry out this part for fiscal years 2016 through 2020. . 402. Revision of FAFSA form Section 483 of the Higher Education Act of 1965 ( 20 U.S.C. 1090 ) is amended by adding at the end the following: (i) Convictions The Secretary shall not include any question about the conviction of an applicant for the possession or sale of illegal drugs on the FAFSA (or any other form developed under subsection (a)). . 403. National task force on recovery and collateral consequences (a) Definition In this section, the term collateral consequence means a penalty, disability, or disadvantage— (1) imposed on an individual as a result of a criminal conviction but not as part of the judgment of the court that imposes the conviction; or (2) that an administrative agency, official, or civil court is authorized, but not required, to impose on an individual convicted of a felony, misdemeanor, or other criminal offense. (b) Establishment (1) In general Not later than 30 days after the date of enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the Secretary ) shall establish a bipartisan task force to be known as the Task Force on Recovery and Collateral Consequences (in this section referred to as the Task Force ). (2) Membership (A) Total number of members The Task Force shall include 9 members, who shall be appointed by the Secretary in accordance with subparagraphs (B) and (C). (B) Members of the task force The Task Force shall include— (i) members who have national recognition and significant expertise in areas such as health care, housing, employment, substance use disorder, law enforcement, and law; (ii) not less than 1 member who has personally experienced addiction and is in recovery; and (iii) to the extent practicable, members who formerly served as elected officials at the State and Federal levels. (C) Timing The Secretary shall appoint the members of the Task Force not later than 60 days after date on which the Task Force is established under paragraph (1). (3) Chairperson The Task Force shall select a chairperson or co-chairpersons from among the members of the Task Force. (c) Duties of the task force (1) In general The Task Force shall— (A) identify collateral consequences for individuals with Federal or State drug convictions who are in recovery for substance use disorder; and (B) determine whether the collateral consequences identified under subparagraph (A) unnecessarily delay individuals in recovery from resuming their personal and professional activities. (2) Recommendations Not later than 180 days after the date of the first meeting of the Task Force, the Task Force shall develop recommendations for proposed legislative and regulatory changes to reduce and, to the extent practicable, eliminate the collateral consequences identified by the Task Force under paragraph (1). (3) Collection of information The Task Force shall hold hearings, require the testimony and attendance of witnesses, and secure information from any department or agency of the United States in performing the duties under paragraphs (1) and (2). (4) Report Not later than 1 year after the date of the first meeting of the Task Force, the Task Force shall submit a report detailing the findings and recommendations of the Task Force to— (A) each relevant committee of Congress; (B) the head of each relevant department or agency of the United States; (C) the President; and (D) the Vice President. V ADDICTION AND TREATMENT SERVICES FOR WOMEN, FAMILIES, AND VETERANS 501. Authority to award competitive grants to address opioid and heroin abuse by pregnant and parenting female offenders (a) Definitions In this section— (1) the term State criminal justice agency means the agency of the State responsible for administering criminal justice funds, including the Edward Byrne Memorial Justice Assistance Grant Program under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3750 et seq. ); and (2) the term State substance abuse agency means the agency of the State responsible for the State prevention, treatment, and recovery system, including management of the Substance Abuse Prevention and Treatment Block Grant under subpart II of part B of title XIX of the Public Health Service Act ( 42 U.S.C. 300x–21 et seq. ). (b) Purpose and program authority (1) Grant authorization Section 1177 of chapter 16 of Drug Abuse Prevention, Treatment and Rehabilitation (21 U.S.C. chapter 16 subchapter IV) is amended— (1) by adding subsection 1177h and inserting the following: The Attorney General, in coordination with the Secretary of Health and the Attorney General may award competitive grants jointly to a State substance abuse agency and a State criminal justice agency to address the use of opioids and heroin among pregnant and parenting female offenders in the State to promote public safety, public health, family permanence, and wellbeing. . (2) Purposes and program authority A grant under this section shall be used to facilitate or enhance collaboration between the State criminal justice and State substance abuse systems in order to carry out programs to address the use of opioid and heroin abuse by pregnant and parenting female offenders. (c) Applications (1) In general A State substance abuse agency and State criminal justice agency desiring a grant under this section shall jointly submit to the Attorney General an application in such form, and containing such information, as the Attorney General may prescribe by regulation or guidelines. (2) Contents (A) In general Each application for a grant under this section shall contain a plan to expand the services of the State for pregnant and parenting female offenders for the use of opioids, heroin, and other drugs, which shall be in accordance with regulations or guidelines established by the Attorney General, in consultation with the Secretary of Health and Human Services. (B) Plan A plan submitted under subparagraph (A) shall, at a minimum, include— (i) a description of how the applicants will work jointly to address the needs associated with the use of opioids or heroin by pregnant and parenting female offenders to promote family stability and permanence; (ii) a description of the nature and the extent of the problem of opioid and heroin use by pregnant and parenting female offenders in the State; (iii) a certification that the State has involved counties and other units of local government, when appropriate, in the development, expansion, modification, operation, or improvement of proposed programs to address the problems associated with opioid and heroin use; (iv) a certification that funds received under this section will be used to supplement, not supplant, other Federal, State, and local funds; and (v) a description of clinically appropriate practices and procedures to— (I) screen and assess pregnant and parenting female offenders for problems associated with opioids and heroin; (II) provide clinically appropriate services, including medication-assisted treatment, for female offenders and their children in the same location to promote family permanence and self-sufficiency; and (III) provide for a process to enhance or ensure the abilities of the State criminal justice agency and State substance abuse agency to work together to reunite families when appropriate in the case where family treatment is not provided. (d) Period of grant; renewal (1) Period A grant under this section shall be for a period of 3 years. (2) Renewal A State substance abuse agency and a State criminal justice agency receiving a grant under this section may apply for and, after the end of the period of the first grant under this section, receive 1 additional grant under this section. (e) Performance accountability; reports (1) Reports A State substance abuse agency and a State criminal justice agency receiving a grant under this section shall jointly submit to the Attorney General a report on the activities carried out under the grant at the end of each fiscal year during the period of the grant. (2) Evaluation Not later than 1 year after the end of the period of a grant under this section, the Attorney General shall submit a report to each committee of Congress with jurisdiction of the program under this section that summarizes the reports of the recipients of the grant and provides recommendations, if any, for further legislative action. (f) Training and technical assistance The Attorney General shall support State substance abuse and State criminal justice agencies by developing, in consultation with State substance abuse and State criminal justice agencies, and offering a program of training and technical assistance to assist the agencies in developing programs and protocols— (1) to implement this section; and (2) for effectively working across the Federal and State criminal and substance abuse systems. (g) Authorization of appropriations There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2016 through 2020. 502. Grants for family-based substance abuse treatment Section 2925 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797s–4 ) is amended— (1) by striking An entity and inserting (a) Entity Reports.— An entity ; and (2) by adding at the end the following: (b) Attorney general report on family-Based substance abuse treatment The Attorney General shall submit to Congress an annual report that describes the number of grants awarded under section 2921(1) and how such grants are used by the recipients for family-based substance abuse treatment programs that serve as alternatives to incarceration for custodial parents to receive treatment and services as a family. . 503. Veterans’ treatment courts Section 2991 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797aa ) is amended— (1) by redesignating subsection (i) as subsection (j); (2) by inserting after subsection (h) the following: (i) Assisting veterans (1) Definitions In this subsection: (A) Peer-to-peer services or programs The term peer-to-peer services or programs means services or programs that connect qualified veterans with other veterans for the purpose of providing support and mentorship to assist qualified veterans in obtaining treatment, recovery, stabilization, or rehabilitation. (B) Qualified veteran The term qualified veteran means a preliminarily qualified offender who— (i) has served on active duty in any branch of the Armed Forces, including the National Guard and reserve components; and (ii) was discharged or released from such service under conditions other than dishonorable. In circumstances where discharged dishonorably due to drug use a waiver into the program may be permitted. (C) Veterans treatment court program The term veterans treatment court program means a court program involving collaboration among criminal justice, veterans, and mental health and substance abuse agencies that provides qualified veterans with— (i) intensive judicial supervision and case management, which may include random and frequent drug testing where appropriate; (ii) a full continuum of treatment services, including mental health services, substance abuse services, medical services, and services to address trauma; (iii) alternatives to incarceration; and (iv) other appropriate services, including housing, transportation, mentoring, employment, job training, education, and assistance in applying for and obtaining available benefits. (2) Veterans assistance program (A) In general The Attorney General, in consultation with the Secretary of Veterans Affairs, may award grants under this subsection to applicants to establish or expand— (i) veterans treatment court programs; (ii) peer-to-peer services or programs for qualified veterans; (iii) practices that identify and provide treatment, rehabilitation, legal, transitional, and other appropriate services to qualified veterans who have been incarcerated; and (iv) training programs to teach criminal justice, law enforcement, corrections, mental health, and substance abuse personnel how to identify and appropriately respond to incidents involving qualified veterans. (B) Priority In awarding grants under this subsection, the Attorney General shall give priority to applications that— (i) demonstrate collaboration between and joint investments by criminal justice, mental health, substance abuse, and veterans service agencies; (ii) promote effective strategies to identify and reduce the risk of harm to qualified veterans and public safety; and (iii) propose interventions with empirical support to improve outcomes for qualified veterans. ; and (3) in subsection (j), as so redesignated— (A) by redesignating paragraph (2) as paragraph (3); and (B) by inserting after paragraph (1) the following: (2) Veterans treatment courts In addition to the amounts authorized under paragraph (1), there are authorized to be appropriated to the Attorney General $5,000,000 for each of fiscal years 2016 through 2020 to carry out subsection (i). . VI INCENTIVIZING STATE COMPREHENSIVE INITIATIVES TO ADDRESS OPIOID AND HEROIN ABUSE 601. State demonstration grants for comprehensive opioid abuse response (a) Definitions In this section— (1) the term civil liability protection law means a State law that protects from civil liability individuals who give aid on a voluntary basis in an emergency to individuals who are ill, in peril, or otherwise incapacitated; (2) the term dispenser has the meaning given the term in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ); (3) the term prescriber of a schedule II, III, or IV controlled substance does not include a prescriber of a schedule II, III, or IV controlled substance that dispenses the substance— (A) for use on the premises on which the substance is dispensed; (B) in a hospital emergency room, when the substance is in short supply; (C) for a certified opioid treatment program; or (D) in other situations as the Attorney General may reasonably determine; (4) the term prescriber means a dispenser who prescribes a controlled substance, or the agent of such a dispenser; and (5) the term schedule II, III, or IV controlled substance means a controlled substance that is listed on schedule II, schedule III, or schedule IV of section 202(c) of the Controlled Substances Act ( 21 U.S.C. 812(c) ). (b) Program authorized Section 1177 of chapter 16 of Drug Abuse Prevention, Treatment and Rehabilitation (21 U.S.C. chapter 16 subchapter IV) is amended— (1) by adding subsection 1177i and inserting the following: The attorney general, in coordination with the secretary of health and planning and implementation grants (1) In general The Attorney General, in coordination with the Secretary of Health and Human Services and the Director of the Office of National Drug Control Policy, may award grants to States, and combinations thereof, to prepare a comprehensive plan for and implement an integrated opioid abuse response initiative. (2) Purposes A State receiving a grant under this section shall establish a comprehensive response to opioid abuse, which shall include— (A) prevention and education efforts around heroin and opioid use, treatment, and recovery; (B) a comprehensive prescription drug monitoring program to track dispensing of schedule II, III, or IV controlled substances, which shall include— (i) data sharing with other States by statute, regulation, or interstate agreement; (ii) educating physicians, residents, medical students, and other prescribers of schedule II, III, or IV controlled substances on the prescription drug monitoring program of the State; (C) developing, implementing, or expanding the prescription drug and opioid addiction treatment program of the State by— (i) expanding programs for medication-assisted treatment of prescription drug and opioid addiction, including training for treatment and recovery support providers; (ii) developing, implementing, or expanding programs for behavioral health therapy for individuals who are in treatment for prescription drug and opioid addiction, including contingency management, cognitive behavioral therapy, and motivational enhancements; or (iii) developing, implementing, or expanding programs to screen individuals who are in treatment for prescription drug and opioid addiction for hepatitis C and HIV, and provide treatment for those individuals if clinically appropriate; and (D) developing, implementing, and expanding programs to prevent overdose death of prescription medications and opioids. (3) Planning grant applications (A) Application (i) In general A State desiring a planning grant under this section to prepare a comprehensive plan for an integrated opioid abuse response initiative shall submit to the Attorney General an application in such form, and containing such information, as the Attorney General may prescribe by regulation or guidelines. (ii) Requirements An application for a planning grant under this section shall, at a minimum, include— (I) a budget and a budget justification for the activities to be carried out using the grant; (II) a description of the activities proposed to be carried out using the grant, including a schedule for completion of such activities; (III) outcome measures that will be used to measure the effectiveness of the programs and initiatives to address opioids; and (IV) a description of the personnel necessary to complete such activities. (B) Period; nonrenewability A planning grant under this section shall be for a period of 1 year. A State may not receive more than 1 planning grant under this section. (C) Amount A planning grant under this section may not exceed $100,000, except that the Attorney General may, for good cause, approve a grant in a higher amount. (D) Strategic plan and program implementation plan A State receiving a planning grant under this section shall develop a strategic plan and a program implementation plan. (4) Implementation grants (A) Application A State desiring an implementation grant under this section to implement a comprehensive strategy for addressing opioid abuse shall submit to the Attorney General an application in such form, and containing such information, as the Attorney General may prescribe by regulation or guidelines. (B) Use of funds A State that receives an implementation grant under this section shall use the grant for the cost of carrying out an integrated opioid abuse response program in accordance with this section, including for technical assistance, training, and administrative expenses. (C) Requirements An integrated opioid abuse response program carried out using an implementation grant under this section shall— (i) ensure that each prescriber of a schedule II, III, or IV controlled substance in the State— (I) registers with the prescription drug monitoring program of the State; and (II) consults the prescription drug monitoring program database of the State before prescribing a schedule II, III, or IV controlled substance; (ii) ensure that each dispenser of a schedule II, III, or IV controlled substance in the State— (I) registers with the prescription drug monitoring program of the State; (II) consults the prescription drug monitoring program database of the State before dispensing a schedule II, III, or IV controlled substance; and (III) reports to the prescription drug monitoring program of the State, at a minimum, each instance in which a schedule II, III, or IV controlled substance is dispensed, with limited exceptions, as defined by the State, which shall indicate the prescriber by name and National Provider Identifier; (iii) require that, not fewer than 4 times each year, the State agency or agencies that administer the prescription drug monitoring program of the State prepare and provide to each prescriber of a schedule II, III, or IV controlled substance an informational report that shows how the prescribing patterns of the prescriber compare to prescribing practices of the peers of the prescriber and expected norms; (iv) if informational reports provided to a prescriber under clause (iii) indicate that the prescriber is repeatedly falling outside of expected norms, direct the prescriber to educational resources on appropriate prescribing of controlled substances; (v) ensure that the prescriber licensing board of the State receives a report describing any prescribers that repeatedly fall outside of expected norms, as described in clause (iii); (vi) require consultation with the Single State Authority for Substance Abuse; and (vii) establish requirements for how data will be collected and analyzed to determine the effectiveness of the program. (D) Period An implementation grant under this section shall be for a period of 2 years. (E) Amount The amount of an implementation grant under this section may not exceed $5,000,000 except that the Attorney General may, for good cause, approve a grant in a higher amount. (5) Priority considerations In awarding planning and implementation grants under this section, the Attorney General shall give priority to a State that— (A) provides civil liability protection for first responders, health professionals, and family members administering naloxone to counteract opioid overdoses by— (i) enacting legislation that provides such civil liability protection; or (ii) providing a certification by the attorney general of the State that the attorney general has— (I) reviewed any applicable civil liability protection law to determine the applicability of the law with respect to first responders, health care professionals, family members, and other individuals who may administer naloxone to individuals reasonably believed to be suffering from opioid overdose; and (II) concluded that the law described in subclause (I) provides adequate civil liability protection applicable to such persons; (B) have in effect legislation or implement a policy under which the State shall not terminate, but may suspend, enrollment under the State plan for medical assistance under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) for an individual who is incarcerated for a period of fewer than 2 years; (C) have a process for enrollment in services and benefits necessary by criminal justice agencies to initiate or continue treatment in the community, under which an individual who is incarcerated may, while incarcerated, enroll in services and benefits that are necessary for the individual to continue treatment upon release from incarceration; (D) ensures the capability of data sharing with other States, such as by making data available to a prescription monitoring hub; (E) ensures that data recorded in the prescription drug monitoring program database of the State is available within 24 hours, to the extent possible; and (F) ensures that the prescription drug monitoring program of the State notifies prescribers and dispensers of schedule II, III, or IV controlled substances when overuse or misuse of such controlled substances by patients is suspected. . (c) Authorization of appropriations There are authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2016 through 2020. VII GOOD SAMARITAN PROTECTION RULE OF CONSTRUCTION All provisions in this Act and amendments made by this Act shall contain a priority consideration for grant eligibility and awards to provide protections from civil liability with respect to the emergency administration of opioid overdose drugs. Each grant made under this Act or an amendment made by this Act shall give priority to a State that— (A) provides civil liability protection for first responders, health professionals, and family members and bystanders, administering naloxone to counteract opioid overdoses by— (i) enacting legislation that provides such civil liability protection; or (ii) providing a certification by the attorney general of the State that the attorney general has— (I) reviewed any applicable civil liability protection law to determine the applicability of the law with respect to first responders, health care professionals, family members, and other individuals who may administer naloxone to individuals reasonably believed to be suffering from opioid overdose; and (II) concluded that the law described in subclause (I) provides adequate civil liability protection applicable to such persons. VIII OFFSET 701. Offset The amounts expended to carry out this Act shall be offset by a corresponding reduction in Federal discretionary spending.	https://www.govinfo.gov/content/pkg/BILLS-113hr5845ih/xml/BILLS-113hr5845ih.xml
113-hr-5846	I 113th CONGRESS 2d Session H. R. 5846 IN THE HOUSE OF REPRESENTATIVES December 10, 2014 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 Financial Services and Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the International Religious Freedom Act of 1998 to improve the ability of the United States to protect religious freedom globally through enhanced diplomacy, training, counterterrorism, and foreign assistance efforts, and through stronger and more timely and flexible political responses to religious freedom violations worldwide, and for other purposes. 1. Short Title This Act may be cited as the Frank R. Wolf International Religious Freedom Act of 2014 . 2. Findings; policy Section 2 of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6401 ) is amended— (1) in subsection (a)— (A) in paragraph (4), in the fourth sentence, by inserting prohibitions on ritual animal slaughter, male infant circumcision, censorship of religious content, or worship on the Internet, after confiscations of property, ; (B) in paragraph (5), by amending the second sentence to read as follows: In many countries, religious believers are forced to meet secretly, and religious leaders and believers are targeted by national security forces, violent nonstate actors, and hostile mobs. ; (C) by redesignating paragraph (7) as paragraph (9); and (D) by inserting after paragraph (6) the following new paragraphs: (7) There is growing evidence that demonstrates a connection between the absence of religious freedom and increased levels of persecution of religious minorities, religiously motivated conflict, violent extremism, and terrorism, including the kind of terrorism that has reached the United States. (8) It is increasingly clear that understanding religion and the political and security implications of religious motivation and conviction is critical to the success of United States diplomacy and foreign policy initiatives as there are studies that show— (A) 75 percent of the world’s population lives in countries where the right to the freedom of religion and belief is severely restricted, either by the government or violent nonstate actors; and (B) 84 percent of the world’s population identifies strongly with a specific religious group. ; and (2) in subsection (b), by adding at the end the following new paragraph: (6) Because the promotion of international religious freedom is a foreign policy strategy that protects other, related human rights, advances democracy abroad, and is linked directly to United States interests in stability, security, and development globally, the promotion of international religious freedom requires new and evolving policies, religion engagement strategies, and diplomatic responses that are drawn from the expertise of the national security agencies, the diplomatic services, Congress, and other governmental agencies and nongovernmental organizations, and are coordinated across and carried out by the entire range of Federal agencies that are engaged with or conduct negotiations or United States Government funded programs with governments or violent nonstate actors that engage in or tolerate violations of religious freedom. . 3. Definitions Section 3 of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6402 ) is amended— (1) by amending paragraph (12) to read as follows: (12) Senior Director The term Senior Director means the Senior Director for Global Religion Engagement and International Religious Freedom Promotion described in section 101 of the National Security Act of 1947. ; and (2) by adding at the end, the following new paragraphs: (14) Special Watch List The term Special Watch List means the Special Watch List described in section 102(b)(1)(F)(iii). (15) Violent nonstate actor The term violent nonstate actor means a nonsovereign entity or group that exercises significant political power or influence at a national or international level and which, through violence or the threat of violence, destabilizes existing government structures or gains defacto or actual control over large territories within existing countries and which engages in or tolerates violations of religious freedom. (16) Institution of Higher Education The term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001) . 4. Office on International Religious Freedom; Ambassador at Large for International Religious Freedom Section 101 of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6411 ) is amended— (1) in subsection (a), by adding at the end the following new sentence: The Office shall be located in the Office of the Secretary of State. ; (2) in subsection (b), by adding at the end the before the period the following: , and shall report directly to the Secretary of State. ; (3) in subsection (c)— (A) in paragraph (1)— (i) by striking responsibility and inserting responsibilities ; (ii) by striking shall be to advance and inserting the following: shall be to— (A) advance ; (iii) in subparagraph (A), as so added, by striking the period at the end and inserting ; and ; and (iv) by adding at the end the following new subparagraph: (B) integrate United States international religious freedom policies and religious engagement strategies into democracy, civil society, conflict prevention and mitigation, and development efforts funded by the United States and into the counterterrorism policies of Federal agencies, including the Department of Defense, the Department of Homeland Security, the Department of State, and the Department of the Treasury. ; (B) in paragraph (2), by striking a principal adviser and inserting the principal adviser ; (C) in paragraph (3)— (i) in subparagraph (A), by striking and at the end; (ii) in subparagraph (B), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following new subparagraph: (C) contacts with nongovernmental organizations that have an impact on the state of religious freedom in their respective societies or regions, or internationally. ; (D) by redesignating paragraph (4) as paragraph (5); and (E) by inserting after paragraph (3) the following new paragraph: (4) Coordination responsibilities In order to promote religious freedom as an interest of United States foreign policy, the Ambassador at Large shall seek to coordinate religious freedom policies and religious engagement strategies across all programs, projects, and activities of the United States, including the programs, projects, and activities of the Department of Defense, the Department of Homeland Security, the Department of State, the Department of the Treasury, and the United States Agency for International Development. ; and (4) in subsection (d), by striking staff for the Office and all that follows through the period at the end and inserting individuals to fill at least 15 full-time equivalent staff positions, under the direct supervision of the Ambassador at Large, including a senior advisor, for the Office, for the conduct of investigations by the Office, and for necessary travel to carry out the provisions of this section. The Secretary of State shall also provide to the Ambassador at Large representation funds equal to the amount of representation funds provided to other Ambassadors at Large in the Department of State. . 5. Annual Report on International Religious Freedom Paragraph (1) of section 102(b) of the International Religious Freedom Act of 1998 (22 U.S.C. 6412(b)) is amended— (1) in subparagraph (A)— (A) in clause (iii), by striking and at the end; (B) in clause (iv), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new clause: (v) any action taken by a government or other entity to censor religious content, communications, or worship activities online, including descriptions of the targeted religious group, the content, communication, or activities censored, the means used, and government or other entity engaged in such online censorship activities. ; (2) in subparagraph (B), in the matter preceding clause (i)— (A) by inserting persecution of lawyers, politicians, or other human rights advocates seeking to defend targeted religious groups or highlight religious freedom violations, prohibitions on ritual animal slaughter or male infant circumcision, after entire religions, ; and (B) by inserting policies that ban or restrict the public manifestation of religious belief and the peaceful involvement of religious groups or their members in the political life of each such foreign country, after such groups, ; (3) in subparagraph (C)— (A) by striking A description and inserting A comprehensive description ; (B) by striking policies in support and inserting religious engagement policies in support ; and (C) by adding at the end before the period the following: , and a unique, comprehensive, and country-specific analysis of the impact of actions by the United States on the status of religious freedom in each such country. ; and (4) in subparagraph (F), by adding at the end the following new clause: (iii) Special Watch List A list, to be known as the Special Watch List , which shall identify any country or violent nonstate actor that has engaged in or tolerated systematic, egregious, or ongoing violations of religious freedom during the previous reporting year but which the Secretary determines does not meet, at the time of the publication of the Annual Report, the criteria for designation as a country of particular concern for religious freedom under section 402(b)(1). . 6. Training for Foreign Service officers; Report (a) Amendment to Foreign Service Act of 1980 Section 708 of the Foreign Service Act of 1980 ( 22 U.S.C. 4028 ) is amended— (1) by redesignating subsections (b) and (c) as subsections (d) and (e), respectively; (2) in subsection (d), as redesignated, by striking The Secretary of State and inserting Refugees.— The Secretary of State ; (3) in subsection (e), as redesignated, by striking The Secretary of State and inserting Child Soldiers .—The Secretary of State ; (4) by striking subsection (a) and inserting the following: (a) Development of Curriculum The Secretary of State, with the assistance of other relevant officials, including the Ambassador at Large for International Religious Freedom appointed under section 101(b) of the International Religious Freedom Act of 1998, the Director of the George P. Shultz National Foreign Affairs Training Center, and other Federal officials as appropriate, and in consultation with the United States Commission on International Religious Freedom established in section 201(a) of the International Religious Freedom Act of 1998, shall develop a curriculum for training United States Foreign Service officers in the meaning and strategic value of religious freedom, how violations of religious freedom harm fundamental United States interests, how the advancement of religious freedom can advance such interests, how United States international religious freedom policy should be carried out in practice by United states diplomats and other Foreign Service officers, and the relevance and relationship of religious freedom to United States defense, diplomacy, development, and public affairs efforts. (b) Training Program Not later than the date that is one year after the date of the enactment of the Frank R. Wolf International Religious Freedom Act of 2014 , the Director of the George P. Shultz National Foreign Affairs Training Center shall begin mandatory training on religious freedom for all Foreign Service officers, including all entry level officers and all outgoing deputy chiefs of mission and ambassadors. Such training shall, at minimum, be a separate, independent, and required segment of each of the following: (1) The A–100 course attended by all Foreign Service officers. (2) The courses required of every Foreign Service officer prior to a posting outside the United States, with segments tailored to the particular religious demography, religious freedom conditions, and United States strategies for advancing religious freedom, in each receiving country. (3) The courses required of all outgoing deputy chiefs of mission and ambassadors. (c) Information Sharing The curriculum and training materials developed pursuant to subsections (a) and (b) shall be shared with the United States Armed Forces and intelligence community to provide training and particularized instruction on United States religious freedom policies, religious traditions, and religious and cultural issues for the countries the Armed Forces and intelligence community are responsible. . (b) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of State, with the assistance of the Ambassador at Large for International Religious Freedom, and the Director of the George P. Shultz National Foreign Affairs Training Center, shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report containing a comprehensive plan for undertaking training for Foreign Service officers as required under section 708 of the Foreign Services Act of 1980, as amended by subsection (a) of this section. 7. Prisoner lists and issue briefs on religious freedom concerns Section 108 of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6417 ) is amended— (1) in subsection (a)— (A) in the heading, by striking Sense of the Congress and inserting Increased Diplomatic Advocacy ; and (B) by striking it is the sense of the Congress that officials of the executive branch of Government should promote and inserting appropriate officials of the executive branch, including the Secretary of State, the Ambassador at Large for Religious Freedom, and State Department officials from regional bureaus, shall promote ; (2) in subsection (c), by striking , as appropriate, provide and insert make available ; and (3) by adding at the end the following new subsection: (d) Victims List Maintained by the Commission The Commission shall compile, maintain, and make publicly available online and in official publications, regularly updated lists of persons it determines are imprisoned, detained, disappeared, placed under house arrest, tortured, or subject to forced renunciations of faith by a foreign government that the Commission recommends for designation as a country of particular concern for religions freedom under section 402(b) or a violent nonstate actor and include information on the conditions and circumstances of such individuals. In compiling such lists, the Commission shall exercise appropriate discretion, including consideration of the safety and security of, and benefit to, the persons who may be included on the lists and their families. . 8. Duties of the Commission on International Religious Freedom Subsection (a) of section 202 of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6432 ) is amended— (1) in the matter preceding paragraph (1), by striking responsibility and inserting responsibilities ; (2) in paragraph (1), by striking and at the end; (3) in paragraph (2), by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following new paragraphs: (3) by making annual recommendations on countries, and violent nonstate actors, as appropriate, which commit particularly severe violations of religious freedom and issuing reports on any other countries and violent nonstate actors that the Commission believes to have engaged in or tolerated violations of religious freedom; and (4) recommending specific policy responses or actions that may be taken under section 405(a), including any commensurate actions that may be taken. . 9. Report of the Commission on International Religious Freedom Subsection (a) of section 205 of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6433 ) is amended to read as follows: (a) In General The Commission shall— (1) not later than 180 days after the date of the submission of the report required of the Secretary of State under section 102(b), submit an annual report to the President, the Secretary of State, and the appropriate congressional committees setting forth its recommendation for United States policy options based on evaluations of country conditions under paragraphs (1) and (2) of section 202(a); and (2) submit recommendations required under paragraphs (3) and (4) of section 202(a) sufficiently prior to the annual designation of each country of particular concern for religious freedom under section 402(b) to allow for presidential consideration of such recommendations. . 10. Senior Director for Global Religion Engagement and International Religious Freedom Promotion; Interagency Policy Committees (a) Amendments to National Security Act of 1947 Section 101 of the National Security Act of 1947 ( 50 U.S.C. 3021 ) is amended— (1) in subsection (k)— (A) in the first sentence, (i) by striking It is the sense of that there should be and inserting The President shall appoint ; and (ii) by striking Special Adviser to the President on International Religious Freedom and inserting Senior Director for Global Religion Engagement and International Religious Freedom Promotion ; and (B) by striking the second and third sentences and inserting the following: The Senior Director, shall develop and coordinate religious freedom policies and religion engagement strategies throughout the Executive Branch, serve as a resource for executive branch officials, compile and maintain information on the facts and circumstances of violations of religious freedom, assist in coordinating all programs, projects, and activities of the United States to promote religious freedom and religious engagement outside the United States, and make policy recommendations relevant to the programs, projects, activities of the Department of Defense, the Department of Homeland Security, the Department of State, the Department of the Treasury, and the United States Agency for International Development, and carry out all other applicable duties, responsibilities, and coordination activities enumerated in the International Religious Freedom Act of 1998. The Senior Director shall serve as liaison with the Ambassador at Large for International Religious Freedom and the United States Commission on International Religious Freedom described in the International Religious Freedom Act of 1998, Congress, religious and nongovernmental organizations, and, as appropriate, Cabinet-level agencies. ; and (2) by adding at the end, the following new subsections: (m) Interagency Policy Committee on Religious Freedom and Engagement (1) Establishment There is established within the National Security Council a permanent interagency policy committee to be known as the Interagency Policy Committee on Religious Freedom and Engagement (in this subsection referred to as the Committee ). (2) Membership The Committee shall be co-chaired by the Senior Director for Global Religion Engagement and International Religious Freedom Promotion and the Ambassador at Large for Religious Freedom described in section 101 of the International Religious Freedom Act of 1998. (3) Functions The Committee shall develop a religion engagement strategy globally and coordinate international religious freedom policy across the Executive Branch. (n) Interagency Policy Committee on Religion, Human rights, and National security (1) Establishment There is established within the National Security Council a permanent interagency policy committee to be known as the Interagency Policy Committee on Religion, Human Rights, and National Security (in this subsection referred to as the Committee ). (2) Membership The Committee shall be chaired by the Deputy National Security Advisor, the Assistant Secretary of State for Democracy, Human Rights, and Labor, and the Ambassador at Large for Religious Freedom described in section 101 of the International Religious Freedom Act of 1998. (3) Functions The Committee shall coordinate policy on the intersection of religion, human rights, and United States interests in preventing terrorism, countering violent extremism, and mitigating and preventing conflict. . (b) Regulations Not later than 90 days after the date of the enactment of this Act, the President shall promulgate regulations to carry out subsections (k), (m), and (n) of section 101 of the National Security Act of 1947 as amended by subsection (a) of this section. 11. Presidential actions in response to violations of religious freedom Section 401(b) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6441(b) ) is amended, (1) in paragraph (1), by striking Special Adviser and inserting Senior Director ; and (2) by amending paragraph (2) to read as follows: (2) Deadline for Actions (A) In General Except as provided in subparagraph (B), not later than 90 days after the date on which each of the Annual Reports is submitted under section 102(b), the President shall take 1 or more of the actions referred to in section 405(a) or a commensurate action with respect to each foreign country and violent nonstate actor that has engaged in or tolerated violations of religious freedom at any time since the previous such report was submitted. (B) Additional Prerequisite The President may not take any of the actions described in paragraphs (9) through (15) of section 405(a) or a commensurate action with respect to a foreign country or violent nonstate actor until the President certifies that the requirements under sections 403 and 404 have been satisfied with respect so such country or actor. . 12. Presidential actions in response to particularly severe violations of religious freedom Section 402 of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6442 ) is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) by amending subparagraph (A) to read as follows: (A) In General Not later than 90 days after the date on which each Annual Report is submitted under section 102(b), the President shall— (i) review the status of religious freedom in each foreign country to determine whether the government of that country has engaged in or tolerated particularly severe violations of religious freedom in each such country during the preceding 12 months or longer; and (ii) designate each country the government of which has engaged in or tolerated violations described in clause (i) as a country of particular concern for religious freedom under section 402(b). ; and (ii) in subparagraph (C), by striking prior to September 1 of the respective year and inserting before the date on which each Annual Report is submitted under section 102(b) ; (B) by amending paragraph (3) to read as follows: (3) Congressional notification (A) In General Whenever the President designates a country as a country of particular concern for religious freedom under paragraph (1)(A), the President shall, not later than 120 days after the designation is made, transmit to the appropriate congressional committees— (i) the designation of the country, signed by the President; (ii) the identification, if any, of responsible parties determined under paragraph (2); and (iii) a description of the actions taken under subsection (c), the purposes of the actions taken, and the effectiveness of the actions taken. (B) Removal of Designation A country that is designated as a country of particular concern for religious freedom under paragraph (1)(A) shall retain such designation until the President determines and reports to the appropriate congressional committees that the country should no longer be so designated. (C) Explanation for Nondesignation If the President does not designate a country as a country of particular concern for religious freedom under paragraph (1)(A) after the Commission has recommended such designation, the President shall provide an explanation for the nondesignation to the appropriate congressional committees. ; and (C) by adding at the end, the following new paragraph: (4) Treatment of countries on Special Watch List (A) In General The President shall designate as a country of particular concern for religious freedom under paragraph (1)(A) any country that appears on the Special Watch List— (i) in more than 2 consecutive Annual Reports; (ii) in any 4 Annual Reports; (iii) in more than 1 Annual Report after the expiration of a waiver issued under subparagraph (B); and (iv) in more than 1 Annual Report if the President has previously designated such country as a country of particular concern for religious freedom under paragraph (1)(A). (B) Exercise of Waiver Authority The President may waive the application of clauses (i) or (ii) of subparagraph (A) with respect to a country for up to 2 years if the President certifies to the appropriate committees of Congress that— (i) the country has entered into an agreement with the United States to carry out specific and credible actions to improve religious freedom conditions and end religious freedom violations; (ii) the country has entered into an agreement with the United Nations, the European Union, or other ally of the United States, to carry out specific and credible actions to improve religious freedom conditions and end religious freedom violations; or (iii) waiver is in the national security interests of the United States. (C) Effect on Designation as Country of Particular Concern The presence or absence of a country from the Special Watch List in any given year shall not preclude the designation of such country as a country of particular concern for religious freedom under paragraph (1)(A) in any such year. ; and (2) in subsection (c)(5), in the second sentence, by inserting and include a description of the impact of the designation of such sanction or sanctions that exist in each country after determines satisfy the requirements of this subsection . 13. Consultations Subsection (a) of section 403 of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6443 ) is amended by striking As soon as practicable and inserting Not later than 90 days . 14. Report to Congress Subsection (a) of section 404 of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6444 ) is amended— (1) by striking decides to take action under section 401 and inserting takes action under section 401 ; (2) by striking decides to take action under paragraphs and inserting takes the required action under paragraphs ; and (3) in paragraph (4)(A)— (A) in the matter preceding clause (i), by striking Special Adviser and inserting Senior Director ; (B) in clause (ii), by striking and at the end; (C) in clause (iii), by striking the period at the end and inserting ; and ; and (D) by adding at the end the following new clause: (iv) the impact on other policy tools, and a description of policy tools being applied in the country, including programs that target democratic stability, economic growth, and counterterrorism. . 15. Presidential waiver Section 407 of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6447 ) is amended— (1) in subsection (a), by inserting , for a 180-day period beginning on the date of the initial designation, after may waive ; and (2) by adding at the end the following new subsection: (c) Sense of Congress It is the sense of Congress that ongoing and persistent waivers for any country designated as a country of particular concern for religious freedom under section 402(b) for engaging in particularly severe violations of religious freedom do not fulfill the purposes of this Act, and, given that promotion of religious freedom is a compelling United States foreign policy priority, the President, the Secretary of State, and other executive branch officials, in consultation with Congress, should seek to find ways to address existing violations, on a country-by-country basis, through the actions specified in section 405 or other commensurate actions, possibly including through the actions described in section 605, or by some other action that addresses the specific religious freedom violations of each country designated. . 16. Termination of presidential actions Section 409 of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6449 ) is amended to read as follows: 409. Termination of presidential actions Any Presidential action taken under this Act with respect to a foreign country shall terminate after a determination by the President, in consultation with the Commission, and written certification to Congress that the foreign government has ceased or taken substantial and verifiable steps to cease the particularly severe violations of religious freedom . 17. Country of particular concern designation for violent nonstate actors Title IV of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6441 et seq. ) is amended by inserting after section 405 the following new section: 405A. Sense of Congress regarding country of particular concern designation for violent nonstate actors It is the sense of Congress that the country of particular concern for religious freedom designation described in section 402(b) and the Presidential actions described in 405 should be applicable to violent nonstate actors. The President should include, in the report to Congress required by section 404, any reasons why such violent nonstate actors were not so designated (if the Council recommended doing so) and whether any presidential actions described in section 405 were taken against such violent nonstate actors . 18. Assistance for promoting religious freedom Section 501 of the International Religious Freedom Act of 1998 is amended by adding at the end the following new subsections: (c) Availability of Amounts Of the amounts made available for fiscal years 2016 through 2021 for the Human Rights and Democracy Fund established under section 664 of the Freedom Investment Act of 2002 (subtitle E of title VI of Public Law 107–228 ), the Secretary of State shall provide to the Office— (1) not less than 5 percent of such amounts for each such fiscal year for the promotion of international religious freedom through groups that are able to develop legal protections or promote cultural and societal understanding of international norms of religious freedom and groups that seek to address and mitigate religiously motivated and sectarian violence; and not less than 1 percent of such amounts for each such fiscal year for the Religious Freedom Defense Fund established under subsection (d). (d) Religious Freedom Defense Fund (1) Establishment There is established in the Department of State a fund to be known as the Religious Freedom Defense Fund (referred to in this subsection as the Fund ) which shall be administered by the Ambassador at Large. (2) Amounts The Fund shall consist of amounts made available under subsection (c)(2). (3) Use of Fund The Ambassador at Large shall use amounts in the Fund to issue grants for the following: (A) Victims of religious freedom abuses and their families to cover legal and other expenses that may arise from detention, imprisonment, torture, fines, and other restrictions. (B) Projects to help create and support a new generation of defenders of religious freedom, including legal and political advocates, and civil society projects which seek to create advocacy networks, train and educate new religious freedom defenders, and build the capacity of religious communities and rights defenders to protect against religious freedom violations, sectarian violence, or legal or other restrictions of the right to the freedom of religion and belief. (4) Preference In issuing grants under paragraph (3), the Ambassador at Large shall, as appropriate, give preference to projects targeting religious freedom violations in countries designated as countries of particular concern for religious freedom under section 402(b) and those included on the Special Watch List. (e) Consultation The Ambassador at Large should consult, in developing priorities and policies for disbursing the funds referred to in subsection (c), including grant policies and the identification of potential grantees, with other Federal agencies, including the Commission, and the International Republican Institute, the National Democratic Institute, the National Endowment for Democracy and, as appropriate, other nongovernmental organizations. . 19. Actions against persons responsible for committing particularly severe violations of international religious freedom Title VI of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6471 et seq. ) is amended— (1) by redesignating section 605 as section 606; and (2) by inserting after section 604 the following new section: 605. Actions against persons responsible for committing particularly severe violations of international religious freedom (a) Authority To sanction persons responsible for committing or ordering particularly severe violations of international religious freedom Notwithstanding section 202 of the International Emergency Economic Powers Act ( 50 U.S.C. 1701 ), the President may exercise the authority specified in section 203 of such Act with respect to— (1) any person that the President determines plays a role in committing, ordering, or materially supporting particularly severe violations of religious freedom; or (2) any person that the President determines to be providing material or other assistance supporting violent religious extremism. (b) Report to Congress on identification and sanction of persons responsible for particularly severe violations of international religious freedom (1) In General Upon exercising the authority described in subsection (a) with respect to a person, the President shall submit to the appropriate congressional committees a report— (A) identifying the persons that the President determines to be subject to action under subsection (a) and the basis for such determination; and (B) describing the actions carried out against such persons pursuant to subsection (a). (2) Report on Removal of Sanctions Upon suspending or terminating any action imposed on a person under the authority of subsection (a), the President shall submit to the appropriate congressional committees written notification of such suspension or termination. (3) Submission of Classified Information Reports submitted under this subsection shall be submitted in unclassified form, but may contain a classified annex. . 20. Miscellaneous Provisions Title VII of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6481 et seq. ) is amended by adding at the end the following new sections: 702. Codes of conduct for United States institutions of higher education outside the United States (a) Finding Congress recognizes the enduring importance of United States institutions of higher education worldwide both for their potential for shaping positive leadership and new educational models in host countries and for their emphasis on teaching universally recognized rights of free inquiry and academic freedom. (b) Sense of Congress It is the sense of Congress that United States institutions of higher education operating campuses outside the United States or establishing any educational entities with foreign governments, particularly with or in countries the governments of which engage in or tolerate severe violations of religious freedom as identified in the Annual Report and the annual report of the Congressional-Executive Commission on China, should adopt a code of conduct— (1) upholding the right of freedom of religion of their employees and students, including the right to manifest that religion peacefully as protected in international law; (2) ensuring that the religious views and peaceful practice of belief in no way affect, or be allowed to affect, the status of a worker’s or faculty member’s employment or a student’s enrollment; and (3) affirming that all negotiations, contracts, or memoranda of understanding engaged in or constructed with a foreign government to establish any educational entity, shall be open, transparent, and made available for public inspection before conclusion and that any such agreement shall affirm, at all times, academic freedom and universal rights to the freedoms of religion, speech, assembly, and association. 703. Sense of Congress regarding national security strategy to promote religious freedom through United States foreign policy It is the sense of Congress that— (1) the annual national security strategy report of the President required by section 108 of the National Security Act of 1947 ( 50 U.S.C. 3043 ) should promote international religious freedom as a foreign policy and national security priority and should articulate that promotion of the right to freedom of religion or belief is a strategy that protects other, related human rights, and advances democracy outside the United States, and make clear its importance to United States foreign policy goals of stability, security, development, and diplomacy; (2) the national security strategy report should be a guide for the strategies and activities of relevant Federal agencies and inform the Department of Defense quadrennial defense review under section 118 of title 10, United States Code, and the Department of State Quadrennial Diplomacy and Development Review; and (3) in order to support the development of a national security strategy that emphasizes the challenges of integrating religious freedom into United States foreign policy at all levels, the President should consider— (A) adopting a whole-of-government approach to promote international religious freedom by creating senior policy positions and committees at the National Security Council, chaired by the Senior Directors of the National Security Council and the Ambassador at Large, and implemented through specific policy directives that guide the actions of other Federal agencies; and (B) requesting a national intelligence estimate on international religious freedom by the National Intelligence Council or any other intelligence agency as appropriate, which that analyzes conditions and trends of international religious freedom and identifies potential national security risks related to the absence of religious freedom, including threats to stability from authoritarian governments, terrorism, violent religious extremism, sectarian violence, and laws that restrict religious freedom. 704. Report on religious freedom conditions in Nigeria, Pakistan, and Vietnam (a) In General Not later than 1 year after the date of the enactment of Frank R. Wolf International Religious Freedom Act of 2014 , the Comptroller General of the United States shall submit to the appropriate congressional committees a report on whether religious freedom conditions are such that the countries of Nigeria, Pakistan, and Vietnam meet the criteria for designation as countries of particular concern for religious freedom under section 402(b). (b) Consultation The Comptroller General shall consult with the appropriate executive branch officials, appropriate congressional committees, and governmental and nongovernmental organizations for the purposes of preparing the report required by subsection (a). (c) Matters To be included The report required by subsection (a) shall include the following: (1) A multiyear comparison of country reports on Nigeria, Pakistan, and Vietnam in the Annual Country Reports on Human Rights Practices, the Annual Reports described in section 102(b), and the annual reports of the Commission. (2) A comparison of reports and publications on religious freedom conditions in Nigeria, Pakistan, and Vietnam issued by foreign governments, nongovernmental organizations, and academic entities, to the findings of the reports issued by the United States. (3) Discussions with current and former United States officials, including Members of Congress, Commissioners, and staff of the Commission, about religious freedom conditions in Nigeria, Pakistan, and Vietnam, the requirements of this Act, and United States national interests in such countries. (4) Discussions with current and former United Nations Special Rapporteurs on Religion and Belief and their staffs, about religious freedom conditions in Nigeria, Pakistan, and Vietnam. (5) Discussions with academic and other experts, including representatives of religions and ethnic minority groups, about religious freedom conditions in Nigeria, Pakistan, and Vietnam, the effect of United States advocacy for religious freedom in such countries, and United States national interests in such countries. . 21. Clerical Amendments The table of contents of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6401 note) is amended— (1) by inserting after the item relating to section 405 the following: Sec. 405A. Sense of Congress regarding country of particular concern designation for violent nonstate actors. ; (2) by striking the item relating to section 605 and inserting the following: Sec. 606. Studies on the effect of expedited removal provisions on asylum claims. ; (3) by inserting after the item relating to section 604 the following: Sec. 605. Actions against persons responsible for committing particularly severe violations of international religious freedom. ; and (4) by adding at the end the following: Sec. 702. Codes of conduct for United States institutions of higher education operating outside the United States. Sec. 703. Sense of Congress regarding national security strategy to promote religious freedom through United States foreign policy. Sec. 704. Report on religious freedom conditions in Nigeria, Pakistan, and Vietnam. .	https://www.govinfo.gov/content/pkg/BILLS-113hr5846ih/xml/BILLS-113hr5846ih.xml
113-hr-5847	I 113th CONGRESS 2d Session H. R. 5847 IN THE HOUSE OF REPRESENTATIVES December 10, 2014 Mr. Stockman introduced the following bill; which was referred to the Committee on the Judiciary A BILL To abolish civil asset forfeiture to the Federal Government. 1. Short title This Act may be cited as the Fifth Amendment Restoration Act of 2014 . 2. Findings Congress finds as follows: (1) Civil asset forfeiture is the seizure of private property by the government without due process of law. Law enforcement officers routinely seize money, financial assets and possessions simply by asserting their intuition or belief that the assets or property are connected to some (often unspecified) illegal activity. (2) The burden of proof in asset forfeiture proceedings is placed entirely on the owner to prove his innocence, instead of the government to prove guilt. (3) Seized property is often not returned, even if the owner is never convicted of a crime. Property is often seized without even charging owners with a crime. (4) Many people cannot afford to fight in court to restore rightful ownership of their property. (5) Instead of returning property to its rightful owners, police and agencies often retain seized property for their own use, or sell seized property and keep the income, creating a vested incentive to seize property for salaries, vehicles, and perks, giving rise to the euphemism, policing for profit . (6) Courts of justice are the proper and legal venue to determine if property is stolen or used in the commission of a crime, not individual police officers or public officials. Stolen property should always be returned to its lawful owners, and not become the property of police departments. (7) The Fifth Amendment of the United States Constitution states, No person shall be … deprived of life, liberty, or property, without due process of law . (8) The abolition of civil asset forfeiture restores the Fifth Amendment right to not be deprived of property without due process of law. 3. Abolition of civil asset forfeiture (a) In general Except as provided in subsection (c), no property may be forfeited or seized under any civil asset forfeiture law. (b) Prohibition on adoptive seizures No Federal agency may participate in or benefit from any multiple-jurisdiction, equitable sharing , or shared civil asset forfeiture program with any State or local government, nor accept or adopt property seized by a State or local government. (c) Rules of construction (1) Contraband Nothing in this Act shall prohibit the forfeiture or seizure of contraband, including anything prohibited by law from being imported or exported, and nothing in this Act shall prohibit the forfeiture or seizure of anything the possession of which is a crime. (2) Criminal seizures Nothing in this Act shall prohibit the forfeiture or seizure of property if the owner of that property has first been convicted of a criminal offense that makes the property subject to forfeiture or seizure. (d) Remedy for property not lawfully seized Property unlawfully seized in violation of this Act shall be restored to the owner of that property with all deliberate speed. (e) Definitions In this Act: (1) Civil asset forfeiture law The term civil asset forfeiture law means any provision of Federal law providing for the seizure or forfeiture of property other than as a sentence imposed upon conviction for a criminal offense. (2) Property The term property includes anything owned by a person or entity including real property and personal property including financial assets and commonly held property owned by more than one person.	https://www.govinfo.gov/content/pkg/BILLS-113hr5847ih/xml/BILLS-113hr5847ih.xml
113-hr-5848	I 113th CONGRESS 2d Session H. R. 5848 IN THE HOUSE OF REPRESENTATIVES December 11, 2014 Mr. Cartwright (for himself and Mr. Nolan ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To enhance the early warning reporting requirements for motor vehicle manufacturers. 1. Short title This Act may be cited as the Early Warning Reporting System Improvement Act of 2014 . 2. Additional early warning reporting requirements Section 30166(m) of title 49, United States Code is amended— (1) in paragraph (3)(C)— (A) by striking The manufacturer and inserting the following: (i) In general The manufacturer ; and (B) by adding at the end the following: (ii) Fatal incidents If an incident described in clause (i) involves fatalities, the Secretary shall require the manufacturer to submit, as part of its incident report— (I) all initial claims or notice documents that notified the manufacturer of the incident; (II) any police reports or other documents describing or reconstructing the incident; and (III) any amendments or supplements to the documents described in subclause (I), except for— (aa) medical documents and bills; (bb) property damage invoices or estimates; and (cc) documents related to damages. ; (2) in paragraph (4), by amending subparagraph (C) to read as follows: (C) Disclosure (i) In general The information provided to the Secretary pursuant to this subsection— (I) shall be disclosed publicly unless exempt from disclosure under section 552(b) of title 5; and (II) shall be entered into the early warning reporting database in a manner that is searchable by manufacturer name, vehicle or equipment make and model name, model year, and type of potential defect. (ii) Presumption In administering this subparagraph, the Secretary shall presume in favor of maximum public availability of information. (iii) Inapplicability of confidentiality provisions In administering this paragraph, the confidentiality provisions under section 552(b)(4) of title 5, shall not be construed to prevent the public disclosure of— (I) production information regarding passenger motor vehicles; (II) information on incidents involving death or injury; (III) numbers of property damage claims; or (IV) aggregated numbers of consumer complaints. ; and (3) by adding at the end the following: (6) Use of early warning reports The Secretary shall consider information gathered under this section in proceedings described in sections 30118 and 30162. . 3. Improved National Highway Traffic Safety Administration vehicle safety databases (a) In general Not later than 2 years after the date of the enactment of this Act, and after consultation with frequent users of its publicly available databases, the Secretary of Transportation (referred to in this section as the Secretary ) shall improve public accessibility to information on the National Highway Traffic Safety Administration’s publicly accessible vehicle safety databases by— (1) improving organization and functionality, including design features such as drop-down menus, and allowing for data from all of the publicly accessible vehicle safety databases to be searched, sorted, aggregated, and downloaded in a manner— (A) consistent with the public interest; and (B) that facilitates easy use by consumers; (2) providing greater consistency in presentation of vehicle safety issues; (3) improving searchability about specific vehicles and issues through standardization of commonly used search terms and the integration of databases to enable all to be simultaneously searched using the same keyword search function; and (4) ensuring that all documents, studies, investigations, inspections, incident reports, and other materials related to an incident that are created or obtained by the National Highway Traffic Safety Administration be made publicly available in a manner that is searchable in databases by— (A) manufacturer name, vehicle or equipment make and model name, and model year; (B) type of potential defect; (C) number of injuries or fatalities; and (D) any other element that the Secretary determines to be in the public interest. (b) Inspection and investigation information The Secretary shall— (1) provide public notice of all inspection and investigation activities conducted by the Secretary under section 30166 of title 49, United States Code; and (2) make such notices, and notice of any enforcement or other action taken as a result of an inspection or investigation— (A) available to consumers on the Internet immediately after such notice is issued; and (B) searchable by manufacturer name, vehicle or equipment make and model name, model year, system or component, and the type of inspection or investigation being conducted.	https://www.govinfo.gov/content/pkg/BILLS-113hr5848ih/xml/BILLS-113hr5848ih.xml
113-hr-5849	I 113th CONGRESS 2d Session H. R. 5849 IN THE HOUSE OF REPRESENTATIVES December 11, 2014 Mr. Grayson introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committees on Oversight and Government Reform , House Administration , and the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide employees with 1 hour of paid sick leave for every 30 hours worked. 1. Short title This Act may be cited as the Paid Sick Leave Act . 2. Requirement for paid sick leave (a) In general An employer shall permit each employee employed by the employer to earn not less than 1 hour of paid sick leave for every 30 hours worked, to be used as described in subsection (b). (b) Uses Paid sick leave earned under this section may be used by an employee for any of the following: (1) An absence resulting from a physical or mental illness, injury, or medical condition of the employee. (2) An absence resulting from obtaining professional medical diagnosis or care, or preventive medical care, for the employee. (3) An absence for the purpose of caring for a child, a parent, a spouse, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship, who— (A) has any of the conditions or needs for diagnosis or care described in paragraph (1) or (2); and (B) in the case of someone who is not a child, is otherwise in need of care. (4) An absence resulting from domestic violence, sexual assault, or stalking, if the time is to— (A) seek medical attention for the employee or the employee’s child, parent, or spouse, or an individual related to the employee as described in paragraph (3), to recover from physical or psychological injury or disability caused by domestic violence, sexual assault, or stalking; (B) obtain or assist a related person described in paragraph (3) in obtaining services from a victim services organization; (C) obtain or assist a related person described in paragraph (3) in obtaining psychological or other counseling; (D) seek relocation; or (E) take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from domestic violence, sexual assault, or stalking. (c) Definitions In this Act: (1) Child The term child means a biological, foster, or adopted child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is— (A) under 18 years of age; or (B) 18 years of age or older and incapable of self-care because of a mental or physical disability. (2) Domestic violence The term domestic violence has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 ( 42 U.S.C. 13925(a) ), except that the reference in such section to the term jurisdiction receiving grant monies shall be deemed to mean the jurisdiction in which the victim lives or the jurisdiction in which the employer involved is located. (3) Employee The term employee means an individual who is— (A) (i) an employee, as defined in section 3(e) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(e) ), who is not covered under subparagraph (E), including such an employee of the Library of Congress, except that a reference in such section to an employer shall be considered to be a reference to an employer described in clauses (i)(I) and (ii) of paragraph (4)(A); or (ii) an employee of the Government Accountability Office; (B) a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); (C) a covered employee, as defined in section 101 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 ), other than an applicant for employment; (D) a covered employee, as defined in section 411(c) of title 3, United States Code; or (E) a Federal officer or employee covered under subchapter V of chapter 63 of title 5, United States Code. (4) Employer (A) In general The term employer means a person who is— (i) (I) a covered employer, as defined in subparagraph (B), who is not covered under subclause (V); (II) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991; (III) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995; (IV) an employing office, as defined in section 411(c) of title 3, United States Code; or (V) an employing agency covered under subchapter V of chapter 63 of title 5, United States Code; and (ii) is engaged in commerce (including government), or an industry or activity affecting commerce (including government), as defined in subparagraph (B)(iii). (B) Covered employer (i) In general In subparagraph (A)(i)(I), the term covered employer — (I) means any person engaged in commerce or in any industry or activity affecting commerce who employs 15 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year; (II) includes— (aa) any person who acts, directly or indirectly, in the interest of an employer to any of the employees of such employer; and (bb) any successor in interest of an employer; (III) includes any public agency , as defined in section 3(x) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(x) ); and (IV) includes the Government Accountability Office and the Library of Congress. (ii) Public agency For purposes of clause (i)(III), a public agency shall be considered to be a person engaged in commerce or in an industry or activity affecting commerce. (iii) Definitions For purposes of this subparagraph: (I) Commerce The terms commerce and industry or activity affecting commerce mean any activity, business, or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce, and include commerce and any industry affecting commerce , as defined in paragraphs (1) and (3) of section 501 of the Labor Management Relations Act, 1947 (29 U.S.C. 142 (1) and (3)). (II) Employee The term employee has the same meaning given such term in section 3(e) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(e) ). (III) Person The term person has the same meaning given such term in section 3(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(a) ). (C) Predecessors Any reference in this paragraph to an employer shall include a reference to any predecessor of such employer. (5) Parent The term parent means a biological, foster, or adoptive parent of an employee, a stepparent of an employee, or a legal guardian or other person who stood in loco parentis to an employee when the employee was a child. (6) Sexual assault The term sexual assault has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 ( 42 U.S.C. 13925(a) ). (7) Spouse The term spouse , with respect to an employee, has the meaning given such term by the marriage laws of the State in which the employee resides. (8) Stalking The term stalking has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 ( 42 U.S.C. 13925(a) ).	https://www.govinfo.gov/content/pkg/BILLS-113hr5849ih/xml/BILLS-113hr5849ih.xml
113-hr-5850	I 113th CONGRESS 2d Session H. R. 5850 IN THE HOUSE OF REPRESENTATIVES December 11, 2014 Mr. Grayson introduced the following bill; which was referred to the Committee on Ways and Means A BILL To exclude Social Security benefits from taxable income. 1. SHORT TITLE This Act may be cited as the You Earned It Act . 2. EXCLUSION OF SOCIAL SECURITY BENEFITS FROM TAXABLE INCOME Section 86 of the Internal Revenue Code of 1986 is hereby repealed.	https://www.govinfo.gov/content/pkg/BILLS-113hr5850ih/xml/BILLS-113hr5850ih.xml
113-hr-5851	I 113th CONGRESS 2d Session H. R. 5851 IN THE HOUSE OF REPRESENTATIVES December 11, 2014 Mr. Grayson introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To designate Veterans Day as the Tuesday after the first Monday in November. 1. Short title This Act may be cited as the Honoring Our Veterans By Exercising The Right To Vote On Veterans Day Act . 2. Addition of election day as a legal public holiday Section 6103(a) of title 5, United States Code, is amended to read as follows: (a) The following are legal public holidays: New Year’s Day, January 1. Birthday of Martin Luther King, Jr., the third Monday in January. Washington’s Birthday, the third Monday in February. Memorial Day, the last Monday in May. Independence Day, July 4. Labor Day, the first Monday in September. Columbus Day, the second Monday in October. Veterans Day, the Tuesday after the first Monday in November. Thanksgiving Day, the fourth Thursday in November. Christmas Day, December 25. .	https://www.govinfo.gov/content/pkg/BILLS-113hr5851ih/xml/BILLS-113hr5851ih.xml
113-hr-5852	I 113th CONGRESS 2d Session H. R. 5852 IN THE HOUSE OF REPRESENTATIVES December 11, 2014 Mr. Grayson introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to eliminate the $117,000 cap on income subject to Social Security payroll taxes. 1. Short title This Act may be cited as the Scrap the Cap Act . 2. Payroll tax on remuneration (a) In general Paragraph (1) of section 3121(a) of the Internal Revenue Code of 1986 is amended by inserting after such calendar year. the following: The preceding sentence shall apply only to calendar years for which the contribution and benefit base (as so determined) is less than $117,000, and, for such calendar years, only to so much of the remuneration paid to such employee by such employer with respect to employment as does not exceed $117,000. . (b) Conforming amendment Paragraph (1) of section 3121 of the Internal Revenue Code of 1986 is amended by striking Act) to and inserting Act), or in excess of $117,000, to . (c) Effective date The amendments made by this section shall apply to remuneration paid after December 31, 2014. 3. Tax on net earnings from self-employment (a) In general Paragraph (1) of section 1402(b) of the Internal Revenue Code of 1986 is amended to read as follows: (1) in the case of the tax imposed by section 1401(a), the excess of— (A) that part of the net earnings from self-employment which is in excess of— (i) an amount equal to the contribution and benefit base (as determined under section 230 of the Social Security Act) which is effective for the calendar year in which such taxable year begins, minus (ii) the amount of the wages paid to such individual during such taxable years; over (B) that part of the net earnings from self-employment which is in excess of the sum of— (i) the excess of— (I) the net earning from self-employment reduced by the excess (if any) of subparagraph (A)(i) over subparagraph (A)(ii), over (II) $117,000, reduced by such contribution and benefit base, plus (ii) the amount of the wages paid to such individual during such taxable year in excess of such contribution and benefit base and not in excess of $117,000; or . (b) Phaseout Subsection (b) of section 1402 of the Internal Revenue Code of 1986 is amended by adding at the end the following: Paragraph (1) shall apply only to taxable years beginning in calendar years for which the contribution and benefit base (as determined under section 230 of the Social Security Act) is less than $117,000. . (c) Effective date The amendments made by this section shall apply to net earnings from self-employment derived, and remuneration paid, after December 31, 2014.	https://www.govinfo.gov/content/pkg/BILLS-113hr5852ih/xml/BILLS-113hr5852ih.xml
113-hr-5853	I 113th CONGRESS 2d Session H. R. 5853 IN THE HOUSE OF REPRESENTATIVES December 11, 2014 Mr. Grayson 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 expand Medicare coverage to eyeglasses, hearing aids, and dental care. 1. Short title This Act may be cited as the Seniors Have Eyes, Ears, and Teeth Act . 2. Expansion of Medicare coverage Section 1862(a) of the Social Security Act ( 42 U.S.C. 1395y(a) ) is amended— (1) in paragraph (7) by striking , eyeglasses through hearing aids or examinations therefor, ; and (2) in paragraph (12) by striking where such expenses are for services in connection with the care, treatment, filling, removal, or replacement of teeth or structures directly supporting teeth, except that .	https://www.govinfo.gov/content/pkg/BILLS-113hr5853ih/xml/BILLS-113hr5853ih.xml
113-hr-5854	I 113th CONGRESS 2d Session H. R. 5854 IN THE HOUSE OF REPRESENTATIVES December 11, 2014 Mr. Grayson introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To allow the importation, distribution, and sale of investigational drugs and devices intended for use by terminally ill patients who execute an informed consent document. 1. Drugs and devices for use by terminally ill patients The Federal Food, Drug, and Cosmetic Act is amended by inserting after section 561 (21 U.S.C. 360bbb) the following: 561A. Drugs and devices for use by terminally ill patients (a) In general Nothing in this Act or section 351 of the Public Health Service Act prevents or restricts, and the Food and Drug Administration shall not implement or enforce any provision of law preventing or restricting, the importation, distribution, or sale of an investigational drug or device intended for use by a terminally ill patient in accordance with subsection (b). (b) Patient requirements In order for an investigational drug or device to be intended for use in accordance with this subsection, such drug or device must be intended for use by a patient who has— (1) been diagnosed with a terminal illness by a licensed physician; (2) been informed by a licensed physician that no drug or device that is lawfully marketed in the United States is likely to cure the illness; and (3) executed a written informed consent document that states— (A) the known and potential risks and benefits of such drug or device; and (B) any indications of the illness for which a drug or device is lawfully marketed, or for which treatment is otherwise available, in the United States. (c) Definition of investigational drug or device In this section, the term investigational drug or device means a drug or device that— (1) has not yet been approved, licensed, or cleared for commercial distribution under section 505, 510(k), or 515 of this Act or section 351 of the Public Health Service Act ( 42 U.S.C. 262 ), and cannot otherwise be lawfully marketed in the United States; and (2) is or has been the subject of one or more clinical trials. .	https://www.govinfo.gov/content/pkg/BILLS-113hr5854ih/xml/BILLS-113hr5854ih.xml
113-hr-5855	I 113th CONGRESS 2d Session H. R. 5855 IN THE HOUSE OF REPRESENTATIVES December 11, 2014 Mr. Grayson introduced the following bill; which was referred to the Committee on Armed Services A BILL To require a report on procurement supply chain vulnerabilities within the Department of Defense. 1. Report on procurement supply chain vulnerabilities (a) Report required Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on how sole source suppliers of components to the Department of Defense procurement supply chain create vulnerabilities to military attack, terrorism, natural disaster, industrial shock, financial crisis, or geopolitical crisis, such as an embargo of key raw materials or industrial inputs. (b) Matters covered The report required by subsection (a) shall include, at a minimum, the following: (1) A list of the components in the Department of Defense procurement supply chain for which there is a supplier that controls over 50 percent of the global market. (2) A list of parts of the supply chain where there is inadequate information to ascertain whether there is a single source supplier of components. (3) The Secretary’s recommendations on which single source suppliers create vulnerabilities, as well as recommendations on how to reduce those vulnerabilities. (c) Form of report The report required by subsection (a) may be classified.	https://www.govinfo.gov/content/pkg/BILLS-113hr5855ih/xml/BILLS-113hr5855ih.xml
113-hr-5856	I 113th CONGRESS 2d Session H. R. 5856 IN THE HOUSE OF REPRESENTATIVES December 11, 2014 Mr. Grayson introduced the following bill; which was referred to the Committee on Homeland Security A BILL To prohibit the United States Department of Homeland Security from purchasing, operating, or maintaining armed unmanned aerial vehicles. 1. Short title This Act may be cited as the No Armed Drones for DHS Act . 2. Prohibition on purchase, use, or maintenance of armed drones The United States Department of Homeland Security is prohibited from purchasing, operating, or maintaining armed unmanned aerial vehicles.	https://www.govinfo.gov/content/pkg/BILLS-113hr5856ih/xml/BILLS-113hr5856ih.xml

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